Windsor Municipal Code Art. 1 Traffic Impact Fee

In order to implement the goals and objectives of the Windsor General Plan, and to mitigate the impacts caused by future development in the Town, certain public facilities must be constructed. The Town Council has determined that a traffic fee is needed in order to finance these public facilities and to pay for each development's fair share of the construction and acquisition costs of these improvements. In establishing the fee described in the following sections, the Town Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the Town's housing needs as established in the housing element of the General Plan.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

a. A traffic impact fee ("traffic impact fee") is established pursuant to Government Code Section 66000 et seq. ("Mitigation Fee Act") to pay for public transportation facilities.

b. Pursuant to Government Code Section 66001, the Town Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the traffic impact fee, describe the benefit and impact area on which the traffic impact fee is imposed, list the Town-owned public facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the traffic impact fee and the need for the public facilities and the types of future development projects on which the traffic impact fee is imposed, and set forth time for payment.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

The revenues raised by payment of the traffic impact fee shall be accounted for in the Town's capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

a. To pay for design, engineering, acquisition, property acquisition, including right-of-way acquisition and construction of the public facilities designated in the Town Council resolution and reasonable costs of outside consultant studies related thereto;

b. To reimburse the Town for designated public facilities constructed by the Town with funds (other than gifts or grants) from other sources together with accrued interest;

c. To reimburse developers who have designed and constructed such designated public facilities; and/or

d. To pay for and/or reimburse costs of program development and ongoing administration of the traffic fee program.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

If a developer is required, as a condition of approval of a permit, to construct a public facility that has been designated to be financed with traffic impact fees, a credit against the fee otherwise levied by this article on the development project in an amount not to exceed the cost of such public facility as estimated by the Town in adopting the fee shall be offered by the Town and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement shall be from fee revenues only.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

The Town Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, credit, reimbursement, or deferred payment and other administrative aspects of the traffic impact fee.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))