Portola Municipal Code Ch. 10.44 Traffic Impact Fee

A. "New development" means the new construction of a residential or nonresidential building designated in whole or in part for human habitation and/or occupation.

B. A traffic impact fee shall be charged at the time a complete application for a building permit is submitted to the city, and the fees shall be paid in full prior to the issuance of a building permit.

C. Traffic impact fees collected shall be used solely to pay: (1) for all costs associated with the transportation facilities to be constructed by the city, as described in the capital improvement program; (2) for reimbursing the city for development's fair share of capital improvements already constructed by the city; or (3) to reimburse other developers who have constructed transportation facilities described in the capital improvement program, where those facilities were beyond what was needed to mitigate the impacts of those developers' projects.

D. The traffic impact fee shall be adopted, and adjusted from time to time, by resolution of the Portola city council.

E. On or about July of each year following the enactment of this chapter, city staff shall review the estimated cost of the described capital improvements, the continued need for those improvements, and the reasonable relationship between such need and the impacts of the various types of development pending or anticipated and for which these fees are charged. The staff shall report its findings to the city council at a notice public hearing and recommend such adjustments to the fees or other actions with respect to the fees as may be needed.

(Ord. 314 § 1, 2006; Ord. 311, 2006)