Tiburon Municipal Code Ch. 14B Public Facilities Development Fees

This chapter may be cited as the "Town of Tiburon public facilities fee ordinance."

(Ord. No. 424 N.S., § 3 (part))

In order to implement the goals and objectives of the Tiburon general plan and the town's capital improvement programs, and to mitigate the impacts caused by new development, development projects, or construction projects in Tiburon, certain public facilities must be constructed, upgraded, and/or rehabilitated. The town council has determined that development fees are needed in order to finance these public facilities and to ensure that each new development, development project, or construction project contributes its fair share of the costs of these improvements. In establishing the fees described in the following sections, the town council has found the fees to be consistent with its general plan.

(Ord. No. 424 N.S., § 3 (part); Ord. No. 484 N.S., § 2(A) (part))

As used in this chapter, the following terms are defined in this section:

"Building permit" means a permit required by and issued pursuant to chapter 13 of this Code.

"Construction project" means any project requiring any permit or entitlement defined herein from the Town of Tiburon pursuant to this Code.

"Development project" means any project undertaken for the purpose of development, and includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. Development project includes a "residential development" as defined below.

"Encroachment permit" means a permit required by and issued pursuant to chapter 19 of this Code.

"New development" means any new construction or use that requires the issuance of a building permit, encroachment permit, zoning entitlement, or subdivision entitlement.

"Public facilities" means and includes public improvements, public services and community amenities, including but not limited to construction of, or improvement to, public street rights-of-way, traffic signals, overcrossings, underpasses, curbs, gutters, sidewalks, street pavement, drainage improvements, and parking lots or parking structures; and is intended to encompass all those items set forth in section 66002(c) of the California Government Code or any successor section thereto.

"Reimbursement agreement" means an agreement between the town and a developer to refund an identified amount of money.

"Residential development" means a housing project, condominium conversion, or land subdivision, at one location, including all units for which permits have been applied for or approved.

"Subdivision entitlement" means a permit issued pursuant to chapter 14 of this Code.

"Zone of benefit" is the Tiburon planning area as defined in the Tiburon general plan, or an identified subarea thereof, within which fees are collected for construction of public facilities within that area.

"Zoning entitlement" means a permit issued pursuant to chapter 16 of this Code.

(Ord. No. 424 N.S., § 3 (part); Ord. No. 484 N.S., § 2(A) (part))

(a) Development fees are established upon issuance of a zoning entitlement or subdivision entitlement or upon issuance of a building permit or encroachment permit for any new development, development project, or construction project in the Town of Tiburon to pay for needed public improvements and facilities.

(b) The town council, or its designee, shall by resolution set forth at the time of, or prior to, the imposition of public facilities fees: (1) the purpose and amount of the fee; (2) the type of project to which the fee will apply; (3) the zone of benefit on which the fee is imposed; (4) the public facilities to be financed, including the estimated cost of these facilities; (5) the reasonable relationship between this fee and the various types of new development, development project, or construction project; and (6) provide any other information required by California Government Code section 66001 or any successor section thereto.

(Ord. No. 424 N.S., § 3 (part); Ord. No. 484 N.S., § 2(A) (part))

The revenues raised by payment of the public facilities fee shall be placed in separate and special accounts as provided by town council resolution and such revenues, along with any interest earnings on that account, shall be used for the following purposes:

(a) To pay for the planning, design, project administration, and/or construction of the improvements for which the fee has been created to fund;

(b) To reimburse the town for such facilities constructed by the town with funds from other sources;

(c) To reimburse developers who have constructed designated public facilities which are oversized with supplemental size, length, or capacity;

(d) To pay for and/or reimburse costs of development and ongoing administration of the public facilities fee program.

(Ord. No. 424 N.S., § 3 (part); Ord. No. 484 N.S., § 2(A) (part))

Developers may be required to construct public facilities designated to be financed with public facilities fees in lieu of paying a development fee. If a developer is required, as a condition of approval on a permit for new development, to construct a public facility that has been designated to be financed with public facilities fees and if the facility has supplemental size, length or capacity over that needed for the impacts of that development, a reimbursement agreement with the development project shall be offered. The reimbursement amount shall not include the portion of the improvement needed to mitigate the burdens created by the development.

(Ord. No. 424 N.S., § 3 (part))

This section authorizes the town council to establish zones of benefit by resolution. Fees collected from such zones will be expended in those zones for area-specific public facilities improvement projects.

(Ord. No. 424 N.S., § 3 (part))

(a) In instances where a public facilities fee is to be imposed as a condition of approval on a zoning entitlement or subdivision entitlement, the project sponsor may apply to the town council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the 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 town clerk not later than twenty-four hours prior to the commencement of the public hearing on the zoning entitlement or subdivision entitlement application for the project at which the condition of approval imposing the fee is first considered. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The town council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The decision of the town council shall be final. If a reduction, adjustment, or waiver is granted, any subsequent change in the project which would undermine the basis for the prior reduction, adjustment, or waiver shall invalidate the prior reduction, adjustment, or waiver of the fee.

(b) In instances where a public facilities fee is imposed through an administrative determination (e.g., as part of a building permit or encroachment permit approval), the fee may be appealed in writing to the town clerk within ten days of notification of said administrative determination. Appeals must be accompanied by the required filing fee and be on the prescribed town appeal forms available from the town clerk. Appeals shall be heard by the town council in accordance with appeal procedures adopted by the town.

(Ord. No. 424 N.S., § 3 (part); Ord. No. 484 N.S., § 2(A) (part))

The fees imposed under this chapter shall be enforced, if payment is not made, as a lien against the property, or may be enforced pursuant to any other valid enforcement procedure set forth in chapter 31 of this Code.

(Ord. No. 424 N.S., § 3 (part); Ord. No. 484 N.S., § 2(A) (part))

Annual and periodic reporting and making of required findings shall be performed as set forth in California Government Code section 66000 et seq., or any successor sections thereto.

(Ord. No. 484 N.S., § 2(B))