Portola Valley Municipal Code Ch. 10.72 Construction Traffic Road Fees

Footnotes:

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Editor's note— Ord. No. 2008-370, § 1, adopted February 13, 2008, amended chapter 10.72 in its entirety to read as herein set out. Former chapter 10.72, §§ 10.72.010—10.72.080, pertained to similar subject matter, and derived from Ord. 2001-333 § 1(part), 2001; Ord. 2002-339 § 1(part), 2002.

This chapter is enacted under the police power of the town pursuant to Article XI, Section 7 of the California Constitution.

(Ord. 2008-370 § 1, 2008)

The purpose of this chapter is to assist the town in recovering the cost of road repairs to roads in the town damaged by development projects.

(Ord. 2008-370 § 1, 2008)

This chapter shall apply to fees charged as a condition of development to defray the cost of road repairs. The cost of developing and administering the town's construction traffic road fees may be included as a component of the fees. This chapter is not intended to and does not apply to in lieu of fees for park and land acquisition imposed under California Government Code Section 66477 (Quimby Fees); regulatory and processing fees; funds collected under a reimbursement agreement; or assessment district proceedings, assessments or taxes.

(Ord. 2008-370 § 1, 2008)

For purposes of this chapter, the following terms shall have the following meanings:

A. "Construction traffic road fees" or "fees" means the fees established pursuant to this chapter.

B. "Developer" means the person(s) or legal entity(ies), who also may be the property owner, who is developing or constructing a particular development project within the town.

C. "Development project" includes any new home construction, any remodeling project, grading and/or hauling project, and/or the installation of a residential pool, tennis court(s) or a retaining wall involving the issuance of a building or grading permit.

D. "Road repairs" include grading work on the pavement, shoulder work, work on retaining walls and any other work performed within the right-of-way or immediately adjacent to the right-of-way that affects the right-of-way.

E. "Roads" means and includes all roads in the town open to the general public, including both roads maintained by the town and privately maintained roads used by the general public.

(Ord. 2008-370 § 1, 2008)

A. Amount of fee. The town council shall establish by resolution the amount of the construction traffic road fees based on the approximate costs of repairing damage to roads caused by development projects.

B. Time of payment. A developer shall pay construction traffic road fees upon application for a grading or building permit for any development project in the town. Construction traffic road fees shall be due and payable prior to the developer receiving a grading or building permit.

C. Notice of fees. At the time of approval of a development project or at the time of the imposition of the fees, the town shall provide the developer a statement of the amount of the fees and notice that the thirty-day appeal period in which the developer may appeal the amount or the imposition of fees has begun.

D. Use of fees. The construction traffic road fees revenues and all interest earned on deposited fees revenues shall be used solely for road repairs to roads in the town damaged by development projects.

(Ord. 2008-370 § 1, 2008)

A. Procedure. A person appealing the imposition of fees under this chapter shall pay the fees and file an appeal with the town clerk, who shall be responsible for processing the appeal. The appeal shall be in writing, stating completely and in detail the factual and legal grounds for the appeal, and shall be filed within thirty calendar days following the imposition of the fees. The city shall not withhold any approval necessary for the development project solely on the basis that an appeal has been filed pursuant to this chapter.

B. Costs. The costs associated with the appeal shall be borne by the appellant, who shall pay a deposit against such cost at the time of filing the appeal. The amount of the deposit shall be established by resolution of the town council. The costs of the appeal must be paid in full before the appeal takes place.

C. Hearing. The town administrator shall serve as the hearing officer who shall set the time and place for the hearing, serve notice on the parties, conduct the hearing, prepare written findings of fact, a written decision on the matter, and shall preserve the complete administrative record of the proceedings. The town administrator shall consider relevant evidence presented by the appellant and town employees.

D. Decision. The decision of the town administrator is final and may not be further appealed; it is reviewable by a court under Code of Civil Procedure Section 1094.5.

If a building permit or grading permit is canceled or voided by the town before any work pursuant to the permit has begun and the fees paid to the town pursuant to this chapter have not been expended, the town administrator, upon written request of the applicant, shall order the return of the fees and interest earned on the fees, less the administrative costs.

(Ord. 2008-370 § 1, 2008)