Belmont Municipal Code Div. 2 Payment of Fees

(a) Each applicant for city approval of a development project (including applications for a change of use) shall pay impact fees to the city, in accordance with the amounts set forth in implementing resolutions, unless the applicant establishes, to the satisfaction of the director, entitlement to a fee credit under division 3 of this article or a fee adjustment under division 4 of this article.

(b) The obligation to pay impact fees under this article shall not replace an applicant's obligation to mitigate development project impacts in accordance with other requirements of state or local law.

(Ord. No. 2014-1081, § 1, 11-25-14)

(a) Nonresidential developments. The fees for all nonresidential uses within a development project shall be paid in full before the issuance of the permit required for that use.

(b) Residential developments. The fees for all residential uses within a development project shall be paid in a lump sum when the first dwelling in the development project receives its final inspection or certificate of occupancy, whichever occurs first; unless the implementing resolution for that fee makes the findings required by Government Code Section 66007(b)(1) and requires payment in full before the issuance of the permit required for that use.

(c) Affordable housing developments. For development projects that include lower income housing units meeting the criteria set forth in Government Code Section 66007(b)(2)(A), the fees for a development project shall be paid in a lump sum when the first dwelling in the development project receives its final inspection or certificate of occupancy, whichever occurs first.

(d) Post-permit fee agreement. If the fee is to be paid after permit issuance, the applicant shall, as a condition of permit issuance, enter into a written agreement with the city as provided in this subsection. The written agreement with the city shall be recorded in the office of the San Mateo County recorder.

(1) Contents of agreement. The agreement shall be signed by the property owner, be in a form approved by the city attorney, and contain all of the following:

a. A legal description of the property;

b. A provision that the agreement runs with the land, constitutes a lien on the property for the payment of the fees from the date of recordation and is enforceable against successors in interest;

c. A provision that the fees must be paid before final inspection or issuance of a certificate of occupancy, whichever is first. Neither a final building inspection nor a certificate of occupancy shall be approved until all fees are paid, and no occupancy shall be permitted until the fees are paid; and

d. A statement of the amount of the fees due.

(2) Release of obligation. When the fees are paid in full, the city shall record a release of the obligation.

(3) Compliance. No city official or agency may issue a permit with respect to a development project unless either the fees required by this article have been paid as required by subsections (a) and (b) or an agreement meeting the criteria set forth in this subsection (d) has been entered into and recorded in connection with the development project. No city official or agency may approve a final inspection or issue a certificate of occupancy for a development project, or otherwise allow occupancy of a development project, until the fees required by this article with respect to such development project are paid in accordance with this section.

(Ord. No. 2014-1081, § 1, 11-25-14)

(a) The amount of any fee to be paid for a development project shall be the amount of the fee in effect at the time that full payment is made to the city.

(b) The amount of any fee to be paid in connection with a change of use shall be:

(1) The amount of the fee required by subsection (a) of this section for the proposed use.

(2) Minus the amount of the fee for the last legal use of the existing structure or site.

(c) In the event that a partial fee payment is made for any development project, the full fee to be paid shall be the amount of the fee in effect at the time that full payment is made to the city, less the amount of the previous partial payment.

(d) An applicant may request a refund of a fee previously paid in accordance with this article only if the applicant provides written documentation to the satisfaction of the director that:

(1) The building permit (including any permit or city approval on which the fee was imposed) is cancelled or voided;

(2) Work has not progressed on the building or other permit which would allow commencement of a new use or change of use; and

(3) The city has not already committed the fees to the construction of capital improvements. Any refund made under this subsection may include a deduction to cover the city's administrative costs of processing the refund.

(e) The applicant shall have the burden of proving the amount of any fee previously paid, the date on which payment was made, and the development project for which payment was made.

(Ord. No. 2014-1081, § 1, 11-25-14)