Tuolumne County Municipal Code Ch. 16.14 Construction of Bridges and Major Thoroughfares

Sections:

• 16.14.010 Authority.
• 16.14.020 Fees required.
• 16.14.030 Establishment of areas.
• 16.14.040 Public notice and hearing.
• 16.14.050 The public hearing and adoption by resolution.
• 16.14.060 Conditions for benefit assessment fees.
• 16.14.070 Protests of proposed fees.
• 16.14.080 Bridge and major thoroughfare funds.

Government Code Section 66484, the advisory agency may, as a condition of approval of a final or parcel map, require from the applicant the payment of a fee for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares. (Ord. 1562 ' 2 (part), 1987).

approving a final or parcel map, the subdivider shall pay the fee apportioned to the property which is located within an area of benefit as established by the board. (Ord. 1562 ' 2 (part), 1987).

A. The director is authorized to prepare and present to the board proposed benefit areas and assessments for the purposes stated in Section 16.14.010. B. Each proposal for imposition of a benefit assessment fee shall include only those bridge and major thoroughfares designated on the circulation elements of the regional transportation plan and the Tuolumne county general plan. (Ord. 2325 ' 11, 2000; Ord. 1562 ' 2 (part), 1987).

A. Areas of benefit may be established by resolution of the board following a hearing. The clerk of the board shall cause the required notice pursuant to Government Code Section 65905 to be issued. B. The notice shall contain preliminary information related to the boundaries of the proposed area of benefit, the estimated cost of the project, and the method of fee apportionment. C. The notice may provide that each area of benefit include land or improvements which are the subject of any map applications considered at such proceedings. (Ord. 1562 ' 2 (part), 1987).

resolution. A. Pursuant to Section 16.14.040, the hearing shall consider the following:

1. The boundaries of the area of benefit;
2. The cost of the project, whether actual or estimated;
3. A fair method of allocation of cost to the area of benefit;
4. Establishment of the fee apportionment for the area benefitted. B. A description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a resolution by the board, a copy of which shall be recorded with the county recorder. (Ord. 1562 ' 2 (part), 1987).

fees. A. The payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. B. The payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

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C. The method of fee apportionment in the case of major thoroughfares shall not provide for higher fees on land which abuts the proposed improvements, except where the abutting properties are allowed direct usable access to major thoroughfares. D. The apportioned fees adopted by the board shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of the first entitlement which constitutes development as defined by the general plan for such properties or portions thereof. (Ord. 1562 ' 2 (part), 1987).

A. Owners of property within the area of benefit may file protests of the proposed benefit assessment up to the time of the close of the hearing. B. All protests shall be in writing and delivered to the clerk of the board and no other protests or objections shall be considered. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the conclusion of a public hearing held pursuant to this section. C. If within the time when protests may be filed, there is written protest, filed with the clerk of the board by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned, and the board shall not, for a period of one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of Government Code 66484. D. If a majority protest is directed against only a portion of the improvement then all further proceedings under the provisions of this section to construct that portion of the improvements so protested against shall be barred for a period of one year, but the board shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. E. Nothing in this section shall prohibit the board, within the one-year period from commencing and carrying on new proceedings for the construction of a portion of the improvements so protested against if it finds by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such portion of the improvement or acquisition. (Ord. 1562 ' 2 (part), 1987).

A. When fees are paid pursuant to this section, such fees shall be deposited in a planned bridge facility and/or major thoroughfare fund. A separate fund shall be established for each planned bridge facility project or each planned major thoroughfare project. B. Moneys deposited in the planned bridge facility fund and the major thoroughfare fund shall be expended solely for construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected or to reimburse Tuolumne county for the cost of constructing the improvement. C. The county may accept considerations in lieu of the payment of fees as provided in this section. D. The county may advance moneys from the general fund or road fund to pay the cost of constructing the improvements and reimburse the general fund or road fund for such advances from the planned bridge facility or major thoroughfare funds established by this section. E. The county may incur an interest bearing indebtedness for the construction and reconstruction of major thoroughfares and bridges provided that the sole security for such repayment of such indebtedness shall be moneys in major thoroughfares or bridge funds. F. The provisions of the division are intended to be an addition to and not a substitute for other requirements of this code or the Subdivision Map Act including those provisions concerning the dedications of lands for public roads and the improvement of public roads as a condition of approval of a final map or parcel map. (Ord. 1562 ' 2 (part), 1987).

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