Chapter 12.16
STREET IMPROVEMENT REIMBURSEMENT FEES

Sections:

12.16.010    Purpose and intent.

12.16.020    Street improvement reimbursement fee.

12.16.030    Exception—No fee required.

12.16.040    Determination of fee amount.

12.16.050    Street improvement fund.

12.16.060    Notice of liability for fee.

12.16.070    Public improvement obligations.

12.16.010 Purpose and intent.

As new land development and construction takes place in the city, additional traffic is generated in the vicinity that contributes to the degradation of traffic safety and mobility. Conversely, the construction of new and the improvement of existing streets can provide for increased traffic safety and mobility. The city council has determined that said street construction and improvements must be provided for in a timely manner, in the interests of the safety and welfare of the citizens of Marina, and that real property that is newly developed or constructed upon shall pay its fair share of said street improvement costs. Since new development most often does not occur in a timely manner so as to insure the construction of street improvements which provide the most safe and efficient traffic circulation pattern for the city, the purpose and intent of this chapter is to permit the city to construct street improvements as reasonably necessary in advance of new development which will be served thereby, and to thereafter recover the cost of said improvements from said new developments and land construction as they occur. The requirements and fees set forth herein are enacted pursuant to constitutional and statutory authority including, but not limited to, the municipal police power, the Subdivision Map Act (Government Code Section 66410 et seq.) and Chapter 15.36 of this code. (Ord. 82-3 § 1 (part), 1982)

12.16.020 Street improvement reimbursement fee.

If any streets have been previously constructed or improved by or on behalf of the city (since the date of its incorporation) adjacent to any land upon which new development or construction is proposed, then prior to the issuance of a building permit the owner or developer of such land, except as provided for in Section 12.16.030, shall pay a street improvement reimbursement fee to reimburse the city for that owner’s or developer’s share of the costs; as determined by Section 12.16.040, incurred by the city, directly or indirectly, in constructing said street improvements, including, but not limited to, paving, curbs, gutters, sidewalks, and storm drainage control facilities and streetlights. The costs for which the city is to be reimbursed shall include all construction, design and construction engineering costs and, if the construction or development is likely to contribute to the degradation of traffic flow and safety, the cost of land acquisition. The city engineer shall determine if streets shall be considered to be adjacent to new development or construction and the degree, if any, said development or construction is likely to contribute to the degradation of traffic flow and safety. (Ord. 96-25 § 1(22), 1996: Ord. 82-3 § 1 (part), 1982)

12.16.030 Exception—No fee required.

No street improvement reimbursement fee shall be required in any case where the valuation of the proposed new construction, as determined by the building director, pursuant to guidelines set forth in the Uniform Building Code, does not exceed the sum of ten thousand dollars as adjusted by dividing said sum by the February 1982 Building Cost Index of 2200, as published in the “Engineering News Record,” and then multiplying same by the latest building cost index published at the time a building permit is issued. (Ord. 82-3 § 1 (part), 1982)

12.16.040 Determination of fee amount.

The street improvement reimbursement fee shall be that amount that equals the costs incurred by the city, divided by the project length, multiplied by the front footage of the adjacent proposed new development, and adjusted, by an amount equal to the change in the construction cost index published in the “Engineering News Record,” to the current value at the time of issuance of the building permit; or stated otherwise as the following formula:

F

=

C

x

A

x

P

L

B

where

F = Street improvement reimbursement fee

C = Total cost of the street improvements incurred by the city

L = Project length (total front footages adjacent to the street improvements)

A = Front footage of the new development adjacent to the street improvements

B = Construction cost index as published by the “Engineering News Record” at the time of completion of the street improvements

P = Construction cost index at the time of issuance of the building permit

(Ord. 82-3 § 1 (part), 1982)

12.16.050 Street improvement fund.

The street improvement reimbursement fee paid by the land owner or developer prior to the issuance of a building permit, as provided for in Section 12.16.020, shall be deposited into a special city-wide street improvement fund. (Ord. 82-3 § 1 (part), 1982)

12.16.060 Notice of liability for fee.

A written notice, sent by certified mail, shall be sent to the current owners, as shown on the latest Monterey County assessor’s roll prior to the date of written notice, of any parcel of real property that may be subject to a reimbursement fee pursuant hereto, indicating the possible liability for said fee and advising the owners that they should inform any prospective purchasers of their property of the potential fee liability hereunder. The failure of any owners to so notify purchasers of their property of the fee liability under this chapter shall not invalidate the obligation of the property owner provided for herein, but shall be a matter to be resolved separately between the buyer and seller of the property. (Ord. 86-5 § 1, 1986)

12.16.070 Public improvement obligations.

Payment of the fee provided for in this chapter shall not relieve any land owner or developer from the obligation to provide necessary public improvements pursuant to Chapter 15.36 of this code. (Ord. 82-3 § 1 (part), 1982)