HomeMy WebLinkAbout94-09 ORDINANCE NO. 94-09
AN ORDINANCE OF THE TOWN OF DANVILLE
AMENDING ARTICLE II OF CHAPTER III OF
THE DANVILLE MUNICIPAL CODE, RELATING TO
TOWN FEES AND CHARGES
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS:
SECTION ONE. PURPOSE AND INTENT. In-Lieu Parking Fees are intended to allow the
Town to charge the cost of providing future parking in the downtown area in exchange
for businesses not providing the spaces at the time of development. Elimination of the
fees for a three year period is intended as an incentive to stimulate development in the
downtown area.
SECTION TWO. FINDINGS.
The Town Council of the Town of Danville hereby finds and declares that the fees
specified below do not exceed the estimated amount required to provide the service.
SECTION THREE. AMENDING THE TITLE OF ARTICLE II OF CHAPTER III.
Article II is hereby amended to read as follows:
ARTICLE II
SCHEDULE OF FEES AND CHARGES
3-20 SCHEDULE OF FEES AND CHARGES
SECTION FOUR. AMENDING SECTION 3-20.
Section 3-20 of the Danville Municipal Code is hereby amended by adding the following
thereto:
PARKING IN-LIEU FEES
1. In-Lieu Parking Fees shall be set at $0 until May 1, 1997. Beginning on May 1,
1997 In-Lieu Parking Fees shall be $3,500/space for retail and $7,000/space for all
other uses.
2. In-Lieu Parking Fees will be based on the number of parking spaces calculated per
the Downtown Business District Ordinance.
3, When calculating the In-Lieu Parking Fee, if a credit to the property owner for AD
73-74 (Clocktower lot) is applicable, the credit shall not exceed the amount owed
to the Town by way of the new project.
4. In-Lieu Parking Fees are due and shall be paid as a condition of the issuance of (1)
a land use entitlement or (2) building permit, whichever is the first to occur. Upon
request from the person responsible for paying the In-Lieu Parking Fee, the Town
Manager may provide for collection of the fee over a specified period of time upon
execution of a promissory note in a form approved by the City Attorney.
SECTION FIVE. PUBLICATION. The City Clerk shall either a) have this Ordinance
published once within 15 days after adoption in a newspaper of general circulation or b)
have a summary of this ordinance published twice in a newspaper of general circulation
once five days before it's adoption and again within 15 days after adoption.
SECTION SIX. SEVERABILITY. The Town Council hereby declares that every section,
paragraph, clause and phrase are herein 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 section, paragraphs, sentences, clauses or phrases, and
to that end the provisions of this Ordinance are severable. The Town Council further
declares that it would have enacted such remaining sections, paragraphs, sentences,
clauses and phrases notwithstanding the invalidity of the challenged portions.
SECTION SEVEN. CODIFICATION. Sections Three and Four shall be codified in the
Danville Municipal Code. Sections One, Two and Five, Six, Seven and Eight shall NOT
be codified in the Danville Municipal Code.
SECTION EIGHT. EFFECTIVE DATE. This ordinance shall take effect immediately as an
urgency order necessary to preserve the public peace, health and safety because current
economic conditions necessitate that the business community be afforded immediate relief
from restrictive regulations.
The foregoing Ordinance was first read and introduced on March 1,1994 and approved
and adopted by the Danville Town Council at a Regular Meeting on March 15, 1994 by
the following vote:
AYES: RITCHEY, GREENBERG, DOYLE, SHIMANSKY, WALDO
NOES: NONE
ABSTAINED: NONE
ABSENT NONE
Mayor
APPROVED AS TO FORM: ATTEST:
/City Attorney City Clerk