A.
Under
authority of Government Code Section 66484, the board may, as a condition
of issuance of a building permit or the approval of a final map, as
defined in the Subdivision Map Act, 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.
B.
The director of public works is authorized to prepare and present to the board proposed benefit assessments for the purposes stated in subsection A of this section.
C.
Each
proposal for imposition of a benefit assessment fee shall contain
a certificate by the director of public works that the proposed bridge
or major thoroughfare is within the scope of and consistent with the
circulation element of the current county general plan or such plan
as may hereafter be adopted.
(Ord. CS 57 §1, 1984; Ord. CS 179 §1, 1986)
A.
The
director of public works shall cause a public hearing to be held before
the board concerning imposition of any proposed benefit assessment
fee prior to adoption and shall cause the required notice per 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 for the specific project.
C.
The
notice may provide that each area of benefit include land or improvements
in addition to the land or improvements which are the subject of any
map or building permit application considered in such proceedings.
(Ord. CS 57 §1, 1984; Ord. CS 179 §1, 1986)
B.
The
director of public works shall cause a description of the boundaries
of the area of benefit, the cost, whether actual or estimated, and
the method of apportionment established at the hearing to be incorporated
in a resolution of the board, and a certified copy of such resolution
shall be recorded with the county recorder.
(Ord. CS 57 §1, 1984; Ord. CS 179 §1, 1986)
A.
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 provided direct usable access
to major thoroughfares.
B.
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 a final map or as a condition of issuing a building permit
for such property or portions thereof.
C.
Where
the area of benefit includes lands not subject to the payment of fees
pursuant to this section, the board shall make provisions for payment
of the share of improvement cost apportioned to such lands from other
sources.
(Ord. CS 57 §1, 1984; Ord. CS 179 §1, 1986)
The apportioned fees provided in this chapter shall not be required
unless:
A.
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; or
B.
The
planned bridge facility is an original bridge serving the area or
an addition to an existing bridge facility serving the area at the
time of adoption of the boundaries of the benefit area. Such fees
shall not be expended to reimburse the cost of existing bridge construction.
(Ord. CS 57 §1, 1984; Ord. CS 179 §1, 1986)
A.
Owners
of property within the area to be benefited by the proposed improvement
may file protests of the proposed benefit assessment up to the time
of the close of the hearing.
B.
If,
within the time when protests may be filed, there is a 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 benefited 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 benefited, then the proposed proceeding
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
proceeding for the same improvement or acquisition under the provisions
of Government Code Section 66484.
C.
Any
protest 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.
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 improvement 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.
The
board may commence and carry 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 benefited
are in favor of going forward with such portion of the improvement
or acquisition.
(Ord. CS 57 §1, 1984; Ord. CS 179 §1, 1986)
A.
There
is established a "planned bridge facility fund" and a "major thoroughfare
fund" for the purpose of receiving deposits of fees paid pursuant
to this chapter.
B.
The
director of public works shall establish a separate fund for each
planned bridge facility project or each planned major thoroughfare
project. If the benefit area includes more than one bridge planned
for construction, a single fund shall be established covering all
of the bridge projects and benefit area.
C.
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
Stanislaus County for the cost of constructing the improvement.
(Ord. CS 57 §1, 1984; Ord. CS 179 §1, 1986)
The director of public works is authorized to accept considerations
in lieu of the payment of fees as provided in this chapter.
(Ord. CS 57 §1, 1984; Ord. CS 179 §1, 1986)
The director of public works may advance moneys from the public
works general fund allocation 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 chapter.
(Ord. CS 57 §1, 1984; Ord. CS 179 §1, 1986)
