Lincoln Municipal Code Ch. 18.99 Public Facilities Fee

In order to implement the goals and objectives of the Lincoln public facilities plan and to mitigate the anticipated growth caused by new development in the Lincoln area, certain public facilities such as roads and community facilities must be constructed. The city council has determined that a public facilities fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fee described in the following sections, the city council finds the fee to be consistent with its general plan and, pursuant to Government Code section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

(Ord. 517B §1(part), 1989)

A public facilities fee is established on issuance of all building permits for new development to pay for community facilities and roads. The city council shall in council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. As described in the fee resolution, this development fee shall be paid by each developer prior to issuance of a certificate of occupancy for the commercial or industrial project or the respective dwelling units in a residential project. On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

(Ord. 517B §1(part), 1989)

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

(1) Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 18.99.020, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources, or

(2) Reimburse developers who have entered into reimbursement agreements pursuant to Section 18.99.040.

(Ord. 517B §1(part), 1989)

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in the resolution adopted pursuant to Section 18.99.020, which facility is determined by the city to have the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the cost for that portion of the improvement needed to mitigate the burdens created by the development.

(Ord. 517B §1(part), 1989)

A developer of any project subject to the fee described in Section 18.99.020 may apply to the city council for a reduction, adjustment, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than (1) 60 days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the 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 city council shall approve the application in whole or in part only upon finding that due to specific and specified factors particular to the proposed development, the charge of the fee or the type of facility is not applicable to or of benefit to the development. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee.

(Ord. 517B §1(part), 1989)