HomeMy WebLinkAbout92-08 ORDINANCE NO 92-8
AN ORDINANCE OF THE TOWN OF DANVILLE ADDING SECTION 94-4.603 TO CHAPTER
XXXI OF THE DANVILLE MUNICIPAL CODE, RELATING TO A BASE MAP REVISION FEE
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS:
SECTION 1. CHAPTER XXXI, (Subdivision) Section 94-4.603 ADDED: Section 94-4.603 is hereby
added to the Danville Municipal Code to read as follows:
94-4.603 BASE MAP REVISION FEE
94-4.603a Intent and Purpose. The Town Council finds and declares that:
1. The intent and purpose of this Ordinance is to create a fee to be collected upon the
creation of all new lots, lot line adjustments and parcel mergers to provide the minimum
funding necessary to offset costs to Town resources to update and revise the Town of
Danville computerized base map. In this regard, the Danville Town Council hereby finds,
based on the staff report submitted herewith, and oral and documentary evidence
submitted to the Town Council at a public hearing on July 7, 1992, that this fee does not
exceed the reasonable cost of providing the service or regulatory activity for which the fee
is charged and is not levied for general revenue purposes.
2. The Town of Danville does hereby recognize the value of an up to date computerized base
map and does support the continual update of the map for the benefit of Town staff and
the citizens of the Town.
3. The Town of Danville recognizes that the creation of new lots and the revisions of existing
lots does require revisions to be necessary to the Town computerized base map and the
costs for the revisions are most appropriately borne by those who create the new lots or
revise existing lots.
4. This ordinance is adopted under the police power of the Town, Article XI, Section 7 of the
California Constitution, and under the appropriate provisions of the Planning and Zoning
Law of the State of California, Government Code § 66014 through § 66018.
94-4.603b Fee Requirement. A person/entity who submits a subdivision map (Final or Parcel),
lot line adjustment or parcel merger shall pay to the Town a Base Map Revision Fee for the
updating of the Town's computerized map.
94-4.603c Fee Amount. The fee amount shall be determined from time to time by ordinance
of the Town Council. The fee amount shall be included in section 50-1.2 of the Town Municipal
Code, which section is reviewed annually and updated to reflect current costs.
94-4.603d Time of Payment. The Base Map Revision Fee shall be paid to the Town of Danville
upon submittal of a subdivision map (Final or Parcel), lot line adjustment or parcel merger for
approval.
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94-4.603e Exemptions. The fee imposed by this section does not apply to lots created or
revised for the following public and quasi-public purposes: A. Day care center;
B. Hospital, charitable or philanthropic institution or convalescent home;
C. Church, religions institution and parochial or private school including a nursery
school;
D. Community building, club or activity of a public or quasi-public character;
E. Publicly owned property
SECTION 2. AMENDMENT OF FEE SCHEDULE: Section 30-1.2 of the Danville Municipal Code
is hereby amended by adding a new subparagraph 8 under the heading
"ENGINEERING SERVICE", to read as follows:
"8. Base Map Revision Fee FEE FOR SERVICE
Revision of Town computerized $ 35.00 for each and every new or
base map revised lot or parcel"
SECTION 3. PENALTIES: Violation of this ordinance shall be an infraction, punishable by a fine
of three times the fee amount per violation.
SECTION 4. SEVERABILITY: The Town Council hereby declares that every section, paragraph,
clause and phrase in this Ordinance are severable. If any section, paragraph,
sentence, clause or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses or
phrases.
SECTION 5. CODIFICATION: Section Two Shall be codified in the Danville Municipal Code.
Sections One, Three, Four and Five shall NOT be codified in the Danville Municipal
Code.
The foregoing Ordinance was first read and introduced on July 7, 1992 and approved and
adopted by the Danville Town Council at a Regular Meeting on July 21, 1992, by the following
vote (fee to become effective as of September 21, 1992):
AYES: LANE, SHIMANSKY, DOYLE, GREENBERG
NOES: NONE
ABSTAINED: NONE
ABSENT: RITCHEY
APPROVED AS TO FORM: ATTEST:
/CITY ATTORNEY CITY CLERK
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