Section 3807. Use of Fees

3807.1 Separate revenue accounts.

Traffic-Mitigation Fees collected under this Chapter are to be deposited to the General Fund and accounted for in separate revenue accounts designated to indicate precisely how much revenue is derived from each Traffic-Mitigation Zone.

3807.2 Fees to benefit Zone of origin.

Subject to appropriation, revenue derived from Traffic- Mitigation Fees in each Traffic-Mitigation Zone must be used only for the purposes described in § 3807.3 or for:

1. designing and constructing projects to benefit the transportation infrastructure of the Zone from which the fees derive, as approved by the Planning Commission in the Traffic-Management Plan adopted under § 3805.2 {"Traffic-Management Plans"}.

2. designing and constructing projects to benefit the transportation infrastructure of the Zone from which the fees derive, as certified by the Director, if the Planning Commission has not adopted a Traffic-Management Plan under § 3805.2, or

3. defraying the planning and administrative costs, of no more than 10% of all revenue collected, of implementing this Chapter.

3807.3 Fees may defray cost of site access improvements.

3807.3.1 Site access improvements.

Subject to the approval of the Board of Estimates, the Director may permit up to 33% of the Traffic Mitigation Fee, after deduction of credits, paid

by an applicant to be used for minor site access improvements, including turning lanes, acceleration/deceleration lanes, traffic signals, or similar improvements.

3807.3.2 Use of Fees.

Fees appropriated under this § 3807.3 may be either:

1. rebated to the applicant pursuant to an agreement requiring the applicant to construct these improvements; or

2. retained by the City for the purpose of constructing these improvements.

3807.3.2.1 No rebates until remainder of fees paid.

A developer may not receive a rebate of any fees under this § 3807.3.2 until the remaining Traffic-Mitigation Fees have been paid to the City.

3807.4 Annual accounting.

With the assistance of the Department of Finance, the Director must annually produce and provide to the Board of Estimates an accounting that shows:

1. the cumulative revenue derived from Traffic-Mitigation Fees in each Traffic- Mitigation Zone; and

2. the cumulative expenditures or appropriations for projects that benefit the transportation infrastructure of each Zone.

3807.5 Return of unobligated fees.

3807.5.1 Review of fee use.

If an applicant who has paid a Traffic-Mitigation Fee for a project believes that the fee has not been obligated to a specific project within 6 years of final payment, the applicant may request a review of the fee's use by the Director. The Director must then determine if the fee in question, or any portion of it, has, within 6 years of payment, been obligated to a specific project.

3807.5.2 Refund of unobligated fees.

If the Director's review under § 3807.5.1 determines that a fee has not been entirely obligated to a specific project within 6 years of payment, any unobligated portion of the fee must be refunded to the applicant upon the Board of Estimate's appropriation of the necessary funds.

3807.5.3 Accounting method to be published.

The Director, in consultation with the Department of Finance, must establish a standardized method for determining how specific fees are allocated to particular projects for purposes of a review under § 3807.5.1. This accounting method must be included in the rules and regulations adopted under this Chapter.