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Home My WebLink AboutTC Ord 1996-05-15 ORDINANCE NO. 424 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING SECTIONS 5-9 THROUGH 5-13 OF CHAPTER 5; REPEALING CHAPTER 14B OF THE MUNICIPAL CODE; AND ADDING A NEW CHAPTER 14B OF THE TmURON MUNICIPAL CODE WITH RESPECT TO PUBLIC FACILITIES DEVELOPMENT FEES Section 1. Findinl!:s. WHEREAS, the Town Council has determined that the Town's existing provisions with respect to Public Facilities Development Fees are in need of revision and updating; and WHEREAS, the Town Council has held public hearings on April 17, 1996 and May 15, 1996, and has received public testimony on this matter; and WHEREAS, all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Town Council has found that the proposed Town Code revision is consistent with the goals and policies of the Tiburon General Plan and other ordinances and regulations; and WHEREAS, the Town Council has found that the project is categorically exempt from the requirements ofCEQA per Section 15308 of the CEQA Guidelines. Section 2. Chapter 5 (sections 5-9 throul!:h 5-13 onlv) and Chapter 14B of the Tiburon Municipal Code Repealed. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Tiburon that Chapter 5, sections 5-9 through 5-13, (Tiburon Boulevard Mitigation Fund),and Chapter 14B (public Facilities Development Fees) of the Tiburon Municipal Code are hereby repealed. Section 3. Chapter 14B of the Tiburon Municipal Code Added. BE IT FURTHER ORDAINED that a new Chapter 14B entitled "Public Facilities Development Fees" is hereby added to the Tiburon Municipal Code as follows: Town of Tiburon Ordinance No. 424 N. S. Elfecave June 15, 1996 1 Chapter 14B PUBLIC FACILITIES DEVELOPMENT FEES Sections: 14B-1. Title. 14B-2. Purpose. 14B-3. Definitions. 14B-4. Public facilities fees established. 14B-5. Use offee revenues. 14B-6. Developer construction offacilities. 14B-7. Establishing of zones of benefit. 14B-8. Fee adjustments. 14B-9. Enforcement. Sec. 14B-l. Title. This chapter may be cited as the Town of Tiburon Public Facilities Fee Ordinance. Sec. 14B-2. Purpose. In order to implement the goals and objectives of the Tiburon General Plan, and to mitigate the impacts caused by future development in Tiburon, certain public facilities must be constructed. The Town Council has determined that development fees are needed in order to finance these public facilities and to pay for each development's 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. Sec. 14B-3. Definitions. "Building permits" means a permit required by and issued pursuant to chapter 13 of this Code. "New development" means any new construction or use that requires the issuance of a building permit, zoning or subdivision entitlement and which generates additional traffic impacts from those generated by the previous lawful use of the land. "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, Town of riburon Ordinance No. 424 N. S. Effective June 15, 1996 2 sidewalks, street pavement, drainage improvements, and parking structures or lots. "Reimbursement agreement" means an agreement between the Town and a developer to refund an identified amount of money. "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 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 the Tiburon zoning ordinance. Sec. 14B-4. Public facilities fees established. (a) Development fees are hereby established on issuance of zoning or subdivision entitlements or on issuance of building permits for new development in the Town 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, the amount of the fee, describe the benefit and impact area on which the fee is imposed, list the public facilities to be financed, describe the estimated cost of these facilities, and describe the reasonable relationship between this fee and the various types of new developments. Sec. 14B-5. Use of fee revenues. (a) The revenues raised by payment of the public facilities fee shall be placed in separate and special accounts as provided by Council resolution and such revenues, along with any interest earnings on that account, shall be used for the following purposes: (1) To pay for planning, design and construction of designated public improvements and facilities improvements as identified in the general plan; (2) To reimburse the Town for such facilities constructed by the Town with funds from other sources; (3) To reimburse developers who have constructed designated public facilities which are oversized with supplemental size, length, or capacity; (4) To pay for and/or reimburse costs of development and ongoing administration of the public facilities fee program. Sec. 14B-6. Developer construction of facilities. Developers may be required to construct public facilities designated to be financed Town of Tiburon Ordinance No. 424 N. S. Effective June 15, 1996 3 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. Sec. 14B-7. Establishing ofzones of benefit. 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. Sec. 14B-8. Fee adjustments. A developer of any project subject to the fee described in section 14B-4 of this chapter 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 offacilities to be financed. The application shall be made in writing and filed with the Town Clerk (1) not later than ten days prior to the public hearing on the zoning or subdivision permit application for the project, or (2) if no such permit is required, at the time of the filing of the request for a building permit. 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 change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. Sec. 14B-9. Enforcement. The fees imposed under this chapter shall be enforced, if payment is not made, as a lien against the property. Section 4. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that anyone or more sections, subsections, phrase or clauses be declared Town of Tiburon Ordinance No. 424 N. S. Effective June 15, 1996 4 unconstitutional on their face or as applied. l Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the Town ofTiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon held on April 17, 1996, and was adopted at a regular meeting of the Town Council of the Town ofTiburon held on May 15, 1996, by the following vote: AYES: COUNClLMEMBERS: Hennessy, Thayer, Thompson & Wolf NOES: COUNClLMEMBERS: None ABSENT: COUNClLMEMBERS: Ginalski , ~, vf 0~ .NlCKYWOLF, MAYOR TOWN OF TIBURON ATTEST: DIANE L. CRANE, TOWN CLERK , Town of Tiburon Ordinance No. 424 N. S. Effective June 15, 1996 5