Isleton Municipal Code Ch. 3.40 Capital Facilities Fee

This chapter shall be known and cited as the capital facilities fee regulations of the city.

(Ord. No. 331)

The provisions of this chapter are adopted to promote the public health, safety, peace, morals, comfort, convenience and general welfare of the citizens of the city, and to implement the goals and objectives of the general plan of the city. Particularly, the provisions of this chapter are adopted for the following reasons:

A. To provide an adequate and constant method for the financing of the unfunded portion of needed capital improvements throughout the city, reasonably related to projected community growth.

B. To promote the orderly and efficient expansion of public improvements to adequately meet the domestic and economic needs of the community and to minimize adverse fiscal and environmental impacts of new development.

C. To ensure the continuation of necessary services including, but not limited to police and general administrative services.

D. To establish equitable methods for minimizing public facility and service costs to the city associated with the new development.

(Ord. No. 331)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

A. Capital facilities fee shall mean the fee charged new construction to mitigate the unfunded portion of the determined impact of the development to the existing city.

B. Capital facilities fee study report shall mean an annual report which meets the requirements of 66000 et seq. of the California Government Code.

C. Capital improvement shall include the following:

1. Any building, structure or other improvement constructed or renovated by the city on property owned by it or under its control.

2. Any initial equipment or piece of equipment necessary to service new growth or new development.

D. Commercial and industrial development shall mean any building or part of a building which is to be used for a commercial or industrial purpose as defined in the city zoning ordinance.

E. Residential development shall mean any building or part of a building which is meant for human habitation and which is a single-family detached dwelling, duplex dwelling or multiple-family dwelling.

F. Unfunded costs (for capital improvement) shall mean the expenses and costs which are reasonably related to the projected community growth and development, and which the city council determines that there are not adequate funds and/or resources to finance such improvements

(Ord. No. 331)

A. The city council shall annually review a capital facilities fee study report which describes the projects for which funding is needed and includes a formula for the allocation of these costs. Based on this report, the city council shall establish, by resolution, a capital facilities fee to be paid upon the issuance of building permits for the construction of dwelling and building for commercial and industrial uses.

B. Commercial and industrial uses that develop only a portion of a parcel shall be assessed only for that portion of the parcel being developed.

C. No building permit shall be issued by the building official without payment of fee as provided for in this chapter.

(Ord. No. 331)

A. The capital facilities fees collected pursuant to this Code shall be replaced in capital facilities fund, which shall be comprise of five accounts: transportation, cultural and leisure, city services, utilities, and contingency and administration. These funds are to be used for constructing, improving, extending or purchasing designated capital improvements as set forth in the capital facilities fee study report.

B. The city council shall have the authority to make loans between the capital facilities fee funds to assure adequate cash flow. Interest charged on each loan shall be at the current earned interest rate.

(Ord. No. 331)

The city shall credit the developer against fees required by this chapter for the cost of constructing or purchasing a designated capital improvements from capital facility fee month collected when a designated capital improvement is designated the construction with the budget year. When the improvement is not designated for construction within the budget year, the city shall enter into a agreement to reimburse the developer for the cost of construction or purchase as funds are collected or that purpose.

(Ord. No. 331)

Any person, firm, partnership, venture, association, corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding $1,000.00 or by imprisonment for not exceeding six months both such fine and imprisonment.

(Ord. No. 331)