Elk Grove Municipal Code Art. VII Creation and Use of Fund

A. The fees established and collected pursuant to this chapter shall be deposited in the following separate special funds and accounts created specifically to hold the revenue generated by such fees. Said collected fees shall be deposited, managed, and maintained pursuant to the provisions of Section 66006 of the Government Code. Monies within such fund may be used solely for the purposes set forth in EGMC Section 16.96.220. In this regard, the following special funds are created and established:

1. Measure A transportation impact fee fund for the deposit and collection of the Measure A transportation impact fee.

2. Measure A administration fee fund for the deposit and collection of the Measure A administration fee.

B. The City Manager, or his or her designee, shall have the authority to rename funds and create new funds, as such funds may become necessary or appropriate through the adoption of any fee resolution or through any amendment to the financing plan, expenditure plan and/or Nexus Study as referenced in EGMC Section 16.96.040(A).

(Ord. 16-2024 § 3 (Exh. A), eff. 1-1-2025)

A. Funds collected from the fees established by this chapter and deposited in their respective special funds established under EGMC Section 16.96.210 shall be used by the City, or by the Sacramento Transportation Authority or other entity if funds have been transferred to that entity, for the following purposes:

1. Payment of the actual costs of designing and constructing public facilities for which the fees may be expended, as described in the resolution or resolutions adopted pursuant to EGMC Section 16.96.040(B);

2. Reimbursement for those public facilities already constructed as described in EGMC Section 16.96.120, or for the costs advanced, including, without limitation, design and administrative costs incurred with respect to a specific public facility and the preparation and implementation of the financing plan, expenditure plan and/or Nexus Study as described in EGMC Section 16.96.040;

3. Providing for reimbursements to landowners as described in EGMC Section 16.96.120;

4. Providing refunds;

5. Funding the City’s administration of the fee program implemented by the provisions of this chapter; and

6. Using the same as may be permitted under Section 66006 of the Government Code.

B. The City Council, by resolution, may authorize the City Manager to make loans among the different funds and accounts established pursuant to this chapter to ensure adequate cash flow for the construction and acquisition of public facilities on a timely basis so long as such inter-fund and/or interaccount loans do not unreasonably delay such construction and acquisition under the lending fund or account.

C. Unless used or refunded as otherwise permitted under this section, monies, including any accrued interest, not assigned in any fiscal year shall be retained in the same fund or account until the next fiscal year.

D. The City Council, by resolution, may authorize the City Manager to transfer funds, including any accrued interest, to: 1) another public entity with the authority to manage the fund pursuant to Section 66006 of the Government Code, or 2) to another public entity with the authority to undertake construction of the public facility funded by the fee.

(Ord. 16-2024 § 3 (Exh. A), eff. 1-1-2025)

If a building permit or, if appropriate, a grading permit, expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the fees paid as a condition for its issuance subject to the approval of the Finance Director; provided, however, that the portion of any fee revenue received by the City as reimbursement of its costs in administering the provisions of this chapter shall not be refunded. Failure to timely submit the required application for refund code shall constitute an absolute waiver of any right to the refund.

(Ord. 16-2024 § 3 (Exh. A), eff. 1-1-2025)

The provisions of this chapter shall not release any owner of residential or nonresidential property located within the benefit district area from the following obligations:

A. Paying other applicable fees relating to development of property, including, without limitation, the application fees, processing fees, mitigation fees, and other development fees within the control of the City.

B. Complying with any public facility requirements which are imposed pursuant to applicable law, including, without limitation, the provisions of the Elk Grove Municipal Code.

C. Complying with any requirement to dedicate property for public use pursuant to applicable law, including, without limitation, the provisions of the Elk Grove Municipal Code and the Government Code, at the time of approval of a tentative subdivision map, tentative master parcel map, certificate of compliance, building permit or other land use entitlement.

D. Complying with any obligation to pay fees or exactions, or to comply with mitigation requirements for identified project-related environmental effects.

(Ord. 16-2024 § 3 (Exh. A), eff. 1-1-2025)