Solano County Municipal Code § 26-131 Fees for bridges and major thoroughfares

As a condition of approval of the final map or parcel map, or as a condition of the issuance of a building permit for any lot in the subdivision, the subdivider may be required to pay fees or other considerations in lieu thereof pursuant to this section and Section 66484 of the Subdivision Map Act in order to defray the actual or estimated costs of constructing bridges over waterways, railways, freeways and canyons for which bridge crossing are required by the transportation or flood control provisions of the County General Plan, and of constructing major thoroughfares identified in the Circulation Element of the County General Plan.

(Ord. No. 1608, §2)

In accordance with all requirements of Section 66484 of the Subdivision Map Act, the boundaries of the area of benefit, the actual or estimated costs of construction, fee apportionment, and a fair method of allocation of costs to the area of benefit shall be established at a public hearing held by the Board of Supervisors. The hearing shall be noticed pursuant to Section 26-95.1, provided that the notice shall also include preliminary information related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment.

(Ord. No. 1608, §2)

Payment of fees for a major thoroughfare shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, an existing major thoroughfare serving the area at the time of the adoption of the boundaries of the area of benefit.

(Ord. No. 1608, §2)

Payment of fees shall not be required for a planned bridge facility unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit, nor shall any such fees be expended to reimburse the cost of existing bridge facilities construction.

(Ord. No. 1608, §2)

(a) Written protests to the establishment of any proposed area of benefit for any particular improvement under Section 26-131 of this Code and Section 66484 of the Subdivision Map Act may be filed with the Clerk of the Board of Supervisors by the owners of real property within the proposed area of benefit at any time prior to the close of the required public hearing. If such written protests are filed by the owners of more than one-half of the area of the property to be benefited by an 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 proceedings shall be abandoned, and the Board of Supervisors shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of Section 26-131 of this Code and Section 66484 of the Subdivision Map Act.

(b) Nothing in this Section shall preclude the processing and recordation of maps in accordance with other provisions of this Code and the Subdivision Map Act if proceedings are abandoned.

(c) Any protests may be withdrawn in writing by the property owner making the same at any time prior to the conclusion of the required public hearing.

(d) If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of Section 26-131 of this Code and Section 66484 of the Subdivision Map Act to construct that portion of the improvement so protested against shall be barred for a period of one year, but the Board of Supervisors shall not be barred from commencing new proceedings not including any party of the improvement or acquisition so protested against. Nothing in this subdivision shall prohibit the Board of Supervisors, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement 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 be benefited are in favor of going forward with such portion of the improvement or acquisition. Imposition of fees pursuant to this section shall also conform to any other requirements of law.

(Ord. No. 1608, §2)

A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. Fees paid pursuant to this section shall be deposited in the appropriate fund. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be established covering all the bridge projects in the benefit area. Moneys in such fund shall be expended solely for the 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 the County for the cost of constructing the improvement.

(Ord. No. 1608, §2)

In addition to those powers and obligations specifically set forth in Sections 26-131 through 26-131.5, the County and subdivider shall have all of the respective powers and obligations set forth in Section 66484 of the Subdivision Map Act.

(Ord. No. 1608, §2)