Transportation Impact Fee

“Section 16.44.030 Intents and purposes. A. This chapter is intended to assist in the implementation of the circulation element of the Visalia General Plan. B. The purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide streets in the city. (Prior code § 9475)”

“Section 16.44.120 Use of funds. A. Funds collected from transportation impact fees shall be used for the purpose of capital improvements to and expansion of planned transportation facilities as designated by the city and any other transportation projects related to growth that may be determined from time to time by the city council. B. No funds shall be used for periodic or routine maintenance.”

“C. This chapter shall apply in the incorporated area of the city to the extent permitted by Article XI of Section 7 of the Constitution of the state of California. (Prior code § 9470)”

2008-12-01

“AN ORDINANCE REPEALING CHAPTER 16.44, SECTIONS 16.44.010 THROUGH 16.44.180 AND REPLACING IT WITH A NEW CHAPTER 16.44, SECTIONS 16.44.010 THROUGH 16.44.190, IMPLEMENTING THE CITY OF VISALIA TRANSPORTATION IMPACT FEE PROGRAM ... Section 5: Effective Date. This Ordinance shall take effect sixty days after its adoption.”

Ordinance Number 2008-14

“AN ORDINANCE REPEALING CHAPTER 16.44, SECTIONS 16.44.010 THROUGH 16.44.180 AND REPLACING IT WITH A NEW CHAPTER 16.44, SECTIONS 16.44.010 THROUGH 16.44.190, IMPLEMENTING THE CITY OF VISALIA TRANSPORTATION IMPACT FEE PROGRAM ... Section 5: Effective Date. This Ordinance shall take effect sixty days after its adoption.”

at building permit

“Section 16.44.090 Payment of fee. A. The feepayer shall pay the transportation impact fee required by this ordinance to the city engineer or his designee prior to the issuance of a building permit or a permit for mobile home installation.”

City of Visalia, the agency that levies it

“B. No new building permit or new permit for mobile home installation for any activity requiring payment of an impact fee pursuant to Section 16.44.070 shall be issued unless and until the transportation impact fee required has been paid.”

“Section 16.44.140 Fee exemptions and reductions. A. The following shall be exempted from payment of the impact fee: 1. Alterations or expansion of an existing building where no additional units are created, where the use is not changed, and where no additional vehicular trips will be produced over and above those produced by the existing use. 2. The construction of accessory buildings or structures which will not produce additional vehicular trips over and above those produced by the principal building or use of the land. 3. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use provided that no additional trips will be produced over and above those produced by the original use of the land.”

“Consistent with this intent, developers who are required to construct planned transportation facilities and make right-of-way dedications are entitled to reimbursement for all such facilities, except that a developer shall not be reimbursed for the cost of site related improvements as defined in this chapter or for the value of right of way associated with site related improvements.”

“EFFECTIVE DATES ... 2. Adjustments to Impact Fees are effective 60 days after the date of the Public Hearing in which the new rates were adopted.”