Montclair Municipal Code Ch. 3.18 Transportation Development Impact Fees

This chapter shall be known as "Transportation Development Impact Fees."

(Ord. 06-887 § 1 (part))

In order to implement the goals and objectives of the circulation element of the City's General Plan, to mitigate traffic impacts caused by new development and redevelopment in the City, and to comply with requirements of Measure I 2010—2040 and the San Bernardino Associated Governments' Nexus Study, certain thoroughfares and intersections within the City must be constructed, improved, and/or modified. The City Council has determined that a development impact fee is needed in order to finance these improvements. In establishing the fee described in the following sections, the City Council has found 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. 06-887 § 1 (part))

The Citywide Transportation Development Impact Fees are established on the issuance of a building permit for development or redevelopment in the City to pay for construction, improvements, and/or modifications to thoroughfares and intersections. The City Council shall, in a Council resolution, set forth the specific amount of the fee, list the projects to be financed by the fee, describe the estimated cost of the facilities, and describe the reasonable relationship between the fee and the various types of new developments. In accordance with Government Code Section 66007(a), this development impact fee shall be paid by each developer prior to date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first. 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. 06-887 § 1 (part))

The revenues raised by payment of the Citywide Transportation Development Impact Fees shall be placed in separate and special accounts. An account shall be established for the portion of the Transportation Development Impact Fee required for compliance with San Bernardino Associated Governments' Nexus Program as identified in the fee resolution. An account shall be established for the portion of the Transportation Development Impact Fee required for City facilities as identified in the fee resolution. Ten percent of the total fee collected shall be placed in the City's General Fund as an administrative fee. Such revenues, along with any interest earnings on that account, shall be used solely to pay for the City's future construction of facilities described in the resolution enacted pursuant to Section 3.18.030 of this chapter or to reimburse City for those described or listed facilities constructed by the City with funds advanced by the City from other sources.

(Ord. 06-887 § 1 (part))

A developer of any project subject to the fee described in Section 3.18.030 of this chapter may apply to the City Council for a waiver, adjustment, or reduction of that fee based upon the absence of any reasonable relationship or nexus between the traffic impacts of that 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) 10 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, adjustment or reduction. The City Council shall consider the application at the public hearing on the permit application or 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 waiver, adjustment, or reduction is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction.

(Ord. 06-887 § 1 (part))