Lafayette Municipal Code Art. 4 Walkways Impact Fee

This article is adopted under Government Code § 66000 et seq., and the city's general police power.

(Ord. No. 583, § 3, 5-26-2009)

The walkways facilities for which the payment of a walkways impact fee is required shall be in accordance with the master walkways plan and in furtherance of the circulation element of the city general plan.

(Ord. No. 583, § 3, 5-26-2009)

The city council shall adopt regulations to establish fees, administration, procedures, implementation, interpretation and policy considered necessary or desirable to carry out this chapter by resolution.

(Ord. No. 583, § 3, 5-26-2009)

In this chapter, unless the context otherwise requires:

"New residential development" means and includes construction of, or an addition of 120 square feet of habitable space to, a residential structure or facility.

"Master walkways plan" means the city of Lafayette Master Walkways Plan, adopted June 28, 1999 Appendices revised February 27, 2006.

"Walkways" and "walkways facilities" mean any path intended primarily for pedestrian use that parallels or is directly associated with any street or road, and include sidewalks and all other improved pedestrian rights-of-way whose principal purpose is to provide suitable separation between vehicular and pedestrian traffic.

"Walkways program costs" means the total cost of infrastructure facilities that the city anticipates will be needed to meet the needs of existing and future users, and includes the costs for walkways facilities and infrastructure as identified in the masters walkway plan and the costs for that portion of the Aqueduct Trail, a regional multi-modal trail, designed for pedestrian use.

"Walkways system" means the comprehensive system of walkways designed to afford safe and efficient pedestrian movement along roads and streets having significant foot and vehicular traffic, and to connect residential areas with public transportation, schools, community amenities, parks, city and regional trail systems, and the downtown as described in the walkways master plan.

(Ord. No. 583, § 3, 5-26-2009)

A person who applies for a permit for new residential development shall pay to the city a walkways impact fee based upon the of the new development in an amount established by resolution of the city council.

(Ord. No. 583, § 3, 5-26-2009)

The walkways impact fee shall be paid to the city before a person may begin new residential development. If the new residential development requires a building permit or grading permit, the walkways impact fee shall be paid before issuance of the permit. Neither a Contra Costa County nor a city official may issue a building or grading permit until the required fee is paid.

(Ord. No. 583, § 3, 5-26-2009)

(a) The proceeds from the walkways impact fee and interest collected under this chapter shall be used only for the purposes of upgrading or expanding walkways facilities identified in the master walkways plan as a result of demand on the walkways system created by new residential development, and studies related to the same.

(b) All walkways impact fees paid under this chapter and interest earned thereon shall be accounted for in a separate walkways fund by the city manager and held by the city only for the above-described purposes until committed by the city.

(c) The city may advance money from its general fund to pay the cost of walkways system maintenance and expansion necessitated by new development and reimburse the general fund for such advances from the walkways fund.

(Ord. No. 583, § 3, 5-26-2009)

An administration fee shall be charged to cover the administration costs associated with the walkways impact fee program. The administration fee shall be paid in conjunction, and at the same time, with the payment of fees as provided in this chapter. This administration fee shall be established by resolution of the city council.

(Ord. No. 583, § 3, 5-26-2009)

The walkways impact fee paid under this chapter shall be refunded on application of the fee payer if the payer shows to the satisfaction of the planning director that the new development did not occur and that the building permit is canceled, surrendered or expired.

(Ord. No. 583, § 3, 5-26-2009)

(a) Walkways impact fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by a subdivision, whichever occurs later. If such fees are not committed, such uncommitted funds shall be distributed among the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. For the purpose of this chapter, "committed" means that the fees have been encumbered by contract, conveyed, paid or allocated through the city council's adoption of a budget, for an identified walkways project or activity within the scope of Section 8-135.

(b) Except when administrative costs of refunding the unexpended revenues exceed the amount to be refunded, when sufficient funds have been collected as provided for in the Mitigation Fee Act, § 66006(b)(1)(F) of the Government Code, to complete financing on incomplete city walkways facilities and the walkways facilities remain incomplete, the city shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the acquisition and installation of the walkways facilities will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the walkways impact fee, and any interest accrued thereon.

(Ord. No. 583, § 3, 5-26-2009)

(a) A permit to rebuild a dwelling unit damaged or destroyed by act of God, fire or other natural disaster, is exempt from this chapter if the permit to rebuild is applied for by the owner within one year of the damage or destruction caused by the natural disaster. If the habitable area of the new unit exceeds that of the unit destroyed or damaged, then the owner shall pay the fee as if the increased area were an addition.

(b) This chapter does not apply to commercial or industrial subdivisions; nor does it apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling units are added.

(c) No fee is required for additions to residences of less than 120 square feet of habitable space.

(Ord. No. 583, § 3, 5-26-2009)