§ 13-231. AT-GRADE RAILROAD CROSSINGS AND RELATED FACILITIES.

(a)  Purpose. The purpose of this section is to ensure the provision of at-grade railroad crossings and related facilities necessary for the accommodation of vehicular and pedestrian traffic at or near railroad crossings. This section is further intended to provide a means for the levying and collecting of fees within the Urban Growth Management Area to be used for the purpose of designing and constructing such at-grade railroad crossings and related facilities.

(b)  UGM At-Grade Railroad Crossing Service Areas. The Council may establish by resolution at-grade railroad service areas within the Urban Growth Management Area for at-grade railroad crossing projects within or near the Urban Growth Management Area.

(c)  UGM At-Grade Railroad Crossing Fee. The council shall establish by resolution a schedule of UGM at-grade railroad crossing fees for each UGM at-grade railroad crossing service area. The total amount of fees established by such resolution shall be based upon an estimated cost of designing and constructing such at-grade railroad crossing facilities. The Council may review and amend the fees set forth in the fee resolution from time to time to reflect the actual cost of design and construction or any change in the factors which were considered in estimating the cost of designing or constructing such at-grade railroad crossing facilities. Area calculations shall be based upon the following:

(1) Gross acreage shall be calculated to include street right-of-way and shall include one-half of the right-of-way on boundary streets, except that areas dedicated or condemned for public street purposes for any arterial or collector street shown on any master or official plan of streets and highways shall be excluded in calculating gross acreage.

(2) When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, the Director may require the payment of the at-grade railroad crossing fee applicable only to that portion of the lot developed or to be developed, provided that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred square feet. When the balance of the lot is developed, the at-grade railroad crossing fee shall be paid therefor at the rate most recently established by the Council. The Director shall fix the portion of the lot which is to be considered as developed.

(3) In the R-A, AE-5 and AE-20 zone districts on a developed lot at least four net acres in size, when a portion not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence, the Director may require the payment of the at-grade crossing fee applicable only to the portion of such lot to be improved. The Director shall fix the portion of such lot which is to be considered as improved.

(d)  Accelerated Schedule of UGM At-Grade Crossing Fees. The Council may establish by resolution an accelerated schedule of UGM at-grade crossing fees. The accelerated fee shall apply to the portion designated by Council, of the service area which is developed first and at a rate sufficient to generate funds equalling the estimated cost of the crossing.

(e)  Fees Payable Upon Grant of Development Entitlement. The UGM at-grade railroad crossing fee allocable to any lot shall be payable upon the recordation of the final subdivision or parcel map or, in the absence of submittal of a map, at the time of issuance of a building permit. A developer may elect to defer the payment of such fee until issuance of a certificate of occupancy pursuant to an agreement which conforms to the requirements of Section 12-4.604.

(f)  UGM At-Grade Railroad Crossing Fund. All at-grade railroad crossing fees collected from development within an established UGM at-grade railroad crossing service area shall be deposited in a UGM at-grade railroad crossing fund for the area in which collected. Each fund shall be used solely for the purposes of designing and constructing an at-grade railroad crossing and related facilities within the UGM at-grade railroad crossing area in which such fees were generated, and for administration, inspection and engineering costs of the city directly related thereto. In the event the city determines funds are insufficient to complete the design and construction of the at-grade railroad crossing and all related facilities, the fund shall be used for such facilities as the Council deems most appropriate for the facilitation of vehicular and pedestrian traffic at or near the at-grade railroad crossing.

(g)  Construction of At-Grade Railroad Crossing and Related Facilities. The Council may require, as a condition of development in an at-grade railroad crossing service area, the construction of an at-grade railroad crossing if the development abuts the crossing or if the Council finds the vehicular traffic generated from that development results in a public safety hazard at or in the vicinity of the railroad crossing.

(h)  Reimbursements. The following provisions shall apply within the Urban Growth Management Area, as designated on the Official Urban Growth Management Area Map:

(1) Whenever an at-grade railroad crossing is installed by a person as a condition of development within the Urban Growth Management Area, the city shall reimburse or credit such person for all costs in excess of that development's proportionate share of the cost of the railroad crossing. This reimbursement or credit schedule shall be based on the estimate of costs prepared by the Director for construction of such work and shall include the estimated cost of construction, engineering and inspection. The amount to be reimbursed or credited shall be credited against the at-grade railroad crossing charge to be paid on behalf of all property contributing to the cost thereof in proportion to the amount of such contribution.

(2) In the event that credit for such property as provided by this section exceeds the at-grade railroad crossing charge, the difference shall be paid from the at-grade railroad crossing fund upon completion of the crossing, only to the extent that at-grade railroad crossing charges are paid on behalf of noncontributing properties served by the at-grade crossing up to the duration of the appropriate reimbursement period, as provided in Section 12-4.504-C of this Code, after city acceptance of the crossing, and to the extent that the at-grade railroad crossing charges paid on behalf of such noncontributing properties are not credited against reimbursement for other crossings constructed for the noncontributing properties by the person paying such charges or for other crossings which have been accepted by the city prior to the city acceptance of the subject crossing and the cost of which has not been totally reimbursed or credited.

(3) Where, as a condition precedent to approval of development in the Urban Growth Management Area, a person has been required to construct an at-grade railroad crossing which has been accepted by the city, he shall file with the Director within ninety days following acceptance of the crossing a project accounting stating the cost of construction of the crossing.

(4) For each UGM at-grade crossing service area established by the Council, following city acceptance of the crossing the Director shall determine semiannually in the manner and for the period prescribed by Section 12-4.504-C of this Code, the amounts to be reimbursed or credited to the person who constructed the crossings as shown in the projecting accounting subject to the following:

(i) Each determination shall calculate those charges which have been collected during the preceding six months for land development within the at-grade crossing service area in which the crossing is located.

(ii) No payments or determinations may be made if the projecting accounting is not filed.

(iii) In no event shall payments be made which total in excess of one hundred per cent of the cost of the crossing as shown on the project accounting.

(iv) No payments or determinations shall be made after the end of the appropriate reimbursement period, as defined in Section 12-4.501.5-F of this Code, following acceptance by the city of the crossing.

(5) In the event a developer has paid fees at an accelerated rate, at such time as sufficient fees have been collected to cover the cost of the crossing, such developer, or his heirs and successors, on a first-in first-out basis, shall be reimbursed on or about each April first and October first from fees collected from subsequent developers during the preceding six months, until such time as the total contribution of each developer is reduced to the service fee rate amount. (Added Ord. 82-86, § 1, eff. 9-17-82; Am. Ord. 83-163, § 3, eff. 1-20-84; Am. Ord. 89-85, § 5, eff. 7-28-89; Am. Ord. 91-32, § 3, eff. 5-10-91; Am. Ord. 95-38, § 4, eff. 6-9-95).