Isleton Municipal Code Ch. 3.48 Street Fee for New Developments

In order to implement the Isleton general plan and, in particular, the circulation element thereof, to comply with city obligations under the transportation expenditure agreement entered into among the Sacramento Transportation Authority and various public agencies within Sacramento County, including the city and to mitigate the impacts on the city circulation system caused by new development, certain existing streets must be maintained and repaired and new streets and other traffic improvements constructed. Such work is collectively referred to as "street system improvements." The city council has determined that a development impact fee must be imposed to finance street system improvements, based upon the impact which each development has on the city street system.

(Ord. No. 307)

A. A street maintenance fee is hereby established for all development occurring within the urbanized area of the city, as shown in the transportation development fee study dated October 1989. The city council shall, by resolution, set forth the amount of the fee, the area within which it is imposed, the type of public improvements to be financed and the reasonable relationship between the fee and the types of development.

B. It is recognized, that at the present time, it is not possible to accurately determine the impact upon the street system which development outside the urbanized areas of the city will have and, as a result, the amount of fees or other improvements which will be required to mitigate such impacts cannot be determined. Each new development which occurs outside the urbanized areas of the city shall be required to finance a study to be conducted by the city, which study will identify the traffic impact caused by such development and the amount of fees or other forms of mitigation which such development should bear in order to mitigate such impact. Such study shall be completed 60 days prior to the date that the development application is deemed complete. Upon completion of such study, the city council shall, by resolution, fix and determine the fee and/or other form of mitigation which will be imposed upon such development, designated the area within which it will be imposed, estimated cost of the street system improvements to be financed and the relationship between such improvements and the development.

(Ord. No. 307)

The time for the payment of the fee shall be set forth in the resolution establishing the fee.

(Ord. No. 307)

Periodically, but not less than every two years, the city council shall review the street fees established by it to determine whether the amount of the fees are reasonably related to the impacts of development and whether the street improvement which form the basis of the fee are still needed.

(Ord. No. 307)

Fees collected pursuant to this chapter shall be deposited in a separate account, and except for temporary investments with other city funds, shall be maintained separately. Such fees, together with interest earned there on, shall be used solely to:

A. Pay for those street improvements described in the resolutions adopted pursuant to this chapter, or

B. Reimburse city for funds advanced by city to pay for those street improvements described in the resolution adopted pursuant to this chapter, or

C. Reimburse developers for the installation of street system improvement which contain supplemental size, capacity or length to benefit property in addition to developer's property.

(Ord. No. 307)

A developer may be required, as a condition of approval of a development or land use entitlement, to construct street system improvements which have supplemental size, length or capacity over that needed for the impacts of such development, when such construction is necessary to ensure efficient and timely construction of the city street system.

In such event the city and the developer shall enter into a reimbursement agreement which allows the developer credit against the fees due under this chapter for the street system improvements installed and, to the extent that the reasonable cost of the street system improvements exceed the fees due from the developer, the difference shall be reimbursed, without interest, from fees collected from other developers benefitted by the improvements. Such reimbursement will be made solely from the fees collected by city for such purpose, and developer shall have no claim against any other funds of city or sources of city revenue.

(Ord. No. 307)

A developer of any project subject to the fee described in section 3.48.020 may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between impacts of that developer upon the city street system and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filing with the city clerk not later than either ten days prior to the public hearing on the application for the development permit or other land use entitlement, or if no development permit or entitlement is required, at time of filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a deduction, adjustment, or waiver is granted, any charge in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 307)