Signal Hill Municipal Code Ch. 21.17 Determination of Improvement Requirement or Impact Fee by Approving Body

Unless otherwise provided in this title, the developer shall, prior to the issuance of any certificate of occupancy or other final approval for the development project, complete construction of all local improvements and all area-wide improvements required hereunder, or provide the security established by Section 18.40.030, or pay any impact fee imposed, whichever the approving body imposes as a condition of approval.

(Ord. 91-06-1100 § 1 (part))

In the event the approving board determines that the developer is unable to construct the improvements required hereunder due to any of the following reasons:

A. The improvements will be located wholly or in part on private land not accessible to the developer, or the developer otherwise does not have the legal authority to construct the improvement; or

B. Although there is a need for the improvement created by the development project, due to fiscal, legal, governmental or other considerations, as determined by the city, it is not appropriate to immediately construct such improvements; or

C. There is insufficient aggregate current public need to warrant construction of the improvement at the present time; or

D. The improvements have been previously installed by others;

then the approving body may waive the requirement that the improvement be constructed in conjunction with the development project and, in lieu thereof, may collect impact fees from the developer in the amount of the cost of constructing improvements allocated to the development project. The approving body may also require a combination of construction of public improvements and payment of impact fees to fulfill the requirements of this chapter.

(Ord. 91-06-1100 § 1 (part))

Where impact fees are required to be paid under this title, the amount of such fees shall be established as provided in this title.

(Ord. 91-06-1100 § 1 (part))

The provisions of this title providing for preparation of an improvement study shall not prohibit the city council from adopting additional impact fees by ordinance or resolution to construct improvements authorized hereunder, so long as the fees are not excessive and are consistent with the standards herein, including Chapters 21.18 and 21.28.

(Ord. 91-06-1100 § 1 (part))