Chapter 15.42
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
Sections:
15.42.010 Major Thoroughfare and Bridge Fee Program.
15.42.050 Public Hearing/Area of Benefit.
15.42.080 In Lieu Consideration.
15.42.090 Advances From Other Funds.
15.42.010 Major Thoroughfare and Bridge Fee Program.
A building permit applicant, as a condition of issuance of a building permit, shall pay a fee in an amount and manner as provided in this chapter to defray the costs of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares. (Ord. 85-29 § 1 (part), 1985)
15.42.020 Definitions.
1. The term “construction” as used in this section includes preliminary studies, design, acquisition of right-of-way, administration of construction contracts, and actual construction.
2. The term “major thoroughfare” means those roads designated as transportation corridors and major, primary, secondary or commuter highways on the Orange County master plan of arterial highways, the circulation element of the general plan of the City of Newport Beach. The primary purpose of such roads is to carry through traffic and provide a network connecting to the State highways system.
3. “Bridge facilities” mean those locations identified in the transportation or flood control provisions of the circulation element or other element of the general plan as requiring a bridge to span a waterway, a railway, freeway, or canyon.
4. “Area of benefit” means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project. (Ord. 85-29 § 1 (part), 1985)
15.42.030 Conditions.
A. The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the City’s general plan or an element of the general plan of the County of Orange which was adopted at least thirty (30) days prior to the application for a building permit.
B. Payment of fees shall not be required unless the proposed major thoroughfare(s) are in addition to, or a widening or reconstruction of, any existing major thoroughfare(s) serving the area at the time of the adoption of the boundaries of the area of benefit.
C. Payment of fees shall not be required unless the proposed bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. (Ord. 85-29 § 1 (part), 1985)
15.42.040 Notice of Hearing.
A. Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the Public Works Director. The City Council shall set a public hearing for each proposed area benefitted. Notice of the time and place of said hearing including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment shall be given in the following manner:
B. Notice shall be given at least ten (10) days before the hearing by the following:
1. Notice published at least once in a newspaper of general circulation within the proposed area of benefit.
2. Notices posted throughout the proposed area of benefit with at least three notices posted at arterial highway intersections within the proposed area of benefit.
3. Notices sent by first-class mail addressed to each property owner within the boundary of the proposed area of benefit.
4. Notices sent by first-class mail to all known homeowners’ associations within the proposed area of benefit.
5. Notice by first-class mail to any person who has filed a written request therefor with the Director of Public Works. Such request shall apply for the calendar year in which it is filed. (Ord. 2023-22 § 737, 2023; Ord. 85-29 § 1 (part), 1985)
15.42.050 Public Hearing/Area of Benefit.
A. At the public hearing the City Council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the City Council may, unless a majority written protest is filed and not withdrawn as specified in Section 15.42.060(A) determine to establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the City Clerk with the Orange County Recorder’s Office.
B. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit authorizing certain construction on such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City Council shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources. (Ord. 85-29 § 1 (part), 1985)
15.42.060 Protests.
A. Written protests shall be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed 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 by the protests to less than one-half of the area to be benefitted, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public meeting.
B. If any 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 improvement so protested against shall be barred for a period of one year, but the City Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in Section 15.42.040(A) above.
C. Nothing in this section shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or 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 improvement or portion thereof. (Ord. 85-29 § 1 (part), 1985)
15.42.070 Use of Fees.
Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement. (Ord. 85-29 § 1 (part), 1985)
15.42.080 In Lieu Consideration.
The City Council may approve the acceptance of consideration in lieu of the payment of fees established herein. (Ord. 85-29 § 1 (part), 1985)
15.42.090 Advances From Other Funds.
The City Council may approve the advancement of money from the general fund, the capital improvements fund or the contributions fund to pay the costs of constructing the improvements covered herein and may reimburse these funds for such advances from planned bridge facility or major thoroughfare funds established pursuant to this chapter. (Ord. 85-29 § 1 (part), 1985)
15.42.100 Reimbursement.
If the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the City Council may enter into a reimbursement agreement with the applicant. Such agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for costs not allocated to the applicant’s property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund. (Ord. 85-29 § 1 (part), 1985)