Chapter 14.70 — ROAD IMPACT FEES

A.

This chapter shall be known and may be cited as the "road impact fees ordinance."

B.

The board of supervisors of Madera County has the authority to adopt this chapter pursuant to Article 11, Section 7 of the Constitution of the state of California, and Chapter 5 of Division 1 of Title 7 (commencing with Section 66000) of the California Government Code.

C.

This chapter shall apply only to the unincorporated area of Madera County, and applies only to permit applications accepted by the county of Madera after the effective date of the ordinance codified in this chapter.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

A.

This chapter is intended to implement and be consistent with the Madera County general plan.

B.

The purpose of this chapter is to regulate the use and development of land to ensure that it bears a proportionate share of the cost of capital expenditures necessary to provide adequate levels of service on roads in Madera County as contemplated by the Madera County general plan.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

A.

The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

B.

For the purposes of administration and enforcement, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter:

In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table or illustrative table, the text shall control.

The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

The phrase "used for" includes arranged for, designed for, or maintained for or occupied for.

The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunctions "and," "or," or "either…or," the conjunction shall be interpreted as follows:

a.

"And" indicates that all the connected terms, conditions, provisions or events shall apply.

b.

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

c.

"Either … or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

Any road right-of-way used to define road impact fee areas of benefit may be considered to be within any area it bounds for purposes of calculating fees under this chapter.

All transportation terms used in this chapter shall have the same meaning as in the Madera County general plan, the Madera County zoning ordinance, and the Madera County subdivision ordinance, unless otherwise indicated.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

For the purposes of this chapter:

A.

"1995 road impact fee study" means the Madera County Road Impact Fee Study dated March 30, 1995, as may be updated and adopted by the board of supervisors from time to time, copies of which are on file and available for public inspection and purchase at the offices of the Madera County planning department, road department, and engineering and general services department.

B.

"Agricultural buildings" means miscellaneous agricultural outbuildings which will be used primarily for the storage of farm equipment and supplies.

C.

"Apartments" means rental dwelling units that are located within the same building with at least three other dwelling units. Examples of sites included in this land use include quadruplexes and all types of apartment buildings. The apartments in this land use include both low rise or walk-up dwellings and high-rise multifamily dwellings.

D.

"Approved road" means an arterial road, collector road, freeway or expressway which, if constructed in whole or in part by a nongovernmental entity, or the right-of-way which is dedicated to the county or some other government approved by the county, may entitle the person constructing the road or dedicating the right-of-way to a road impact fee credit. Approved roads are limited to those roads included in the current road impact fee study and for which fees are charged under this chapter.

E.

"Area of benefit" means one of six geographic sub-areas of the county encompassing a locality having generally similar characteristics with respect to future development as described by the 1995 road impact fee study, or successor studies.

F.

"Building official" means that officer who is so defined in Chapter 14.04 of this code.

G.

"Building permit" means an official document or certification issued by the building official who authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. In the case of a change in use or occupancy of an existing building or structure, the term shall specifically include certificates of occupancy and occupancy permits, as those terms are defined by the Uniform Building Code incorporated in this code by Section 14.04.030.

H.

"Capital improvements" means transportation planning, transportation-related financial planning, environmental review, preliminary engineering, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any road construction project including, but not limited to:

Construction of new through lanes;

Construction of new turn lanes;

Construction of new frontage or access roads;

Construction of new bridges;

Construction of new drainage facilities in conjunction with new roadway construction;

Purchase and installation of traffic signalization (including both new and upgraded signalization);

Construction of curbs, medians, sidewalks, bicycle paths and shoulders in conjunction with new roadway construction; and

Relocating utilities to accommodate new roadway construction.

I.

"County" means the county of Madera, a general law county organized and existing under the Constitution and the laws of the state of California and a subdivision of the state of California.

J.

"Expansion of the capacity of a road" means all road and intersection capacity enhancements and includes, but is not limited to, extensions, widening intersection improvements, upgrading signalization and improving pavement conditions.

K.

"Fee payer" means a person commencing a land development traffic-generating or attracting activity who is applying to Madera County for the issuance of a building permit, mobile home installation permit, or equivalent permit for a type of land development activity specified in Section 14.70.070(A) of this chapter, regardless of whether the person owns the land to be developed.

L.

"Land development activity generating traffic" means any change in land use, or any construction of buildings or structures, or any change in the use of any building or structure that attracts or produces vehicular trips.

M.

"Level of service (LOS)" means a qualitative measure that represents the collective factors of speed, travel time, traffic interruption, freedom to maneuver, safety, driving comfort and convenience, and operating costs provided by a highway facility under a particular volume condition. Levels of service vary from A to F. Level of service D, for example, represents high-density, but stable, flow; speed and freedom to maneuver are severely restricted, and the driver or pedestrian experiences a generally poor level of comfort and convenience. Small increases in traffic flow will generally cause operational problems at this level.

N.

"Madera County general plan" means the Madera County general plan which was adopted by the board of supervisors in 1995, as it may be amended from time to time.

O.

"Mobile home" has the same meaning given to "manufactured home" from time-to-time in the Madera County zoning ordinance.

P.

"Mobile home installation permit" means an official document or certification authorizing any purchaser, owner, mover, installer or dealer to move a mobile home or manufactured home onto a particular site.

Q.

"Site-related improvements" means capital improvements and right-of-way dedications for direct access improvements to the development in question. Direct access improvements include, but are not limited to, the following:

Site driveways and roads;

Median cuts made necessary by those driveways or roads;

Right turn, left turn and deceleration or acceleration lanes leading to or from those driveways or roads;

Traffic control measures for those driveways or roads;

Access or frontage roads that are not shown as planned county-built and/or publicly owned roads on the county's required access road map, as amended; and

Road or intersection improvements the primary purpose of which at the time of construction is to provide access to the development.

(Ord. No. 367-P, § 2, 11-10-09; Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

A.

Except as provided in Section 14.70.120 of this chapter, any person who, after the effective date of the ordinance codified in this chapter, seeks to develop land by applying to Madera County for the issuance of a building permit, mobile home installation permit or any equivalent permit, to make an improvement to land for any use which will generate or attract additional traffic including, without limitation, the uses specified in Section 14.70.070 of this chapter shall be required to pay road impact fees in the manner and amounts set forth in this chapter.

B.

No building permit, mobile home installation permit or equivalent permit for any activity requiring payment of an impact fee pursuant to subsection A of this section shall be issued by Madera County unless and until the road impact fees required by this chapter have been paid.

C.

In the case of structures or mobile homes which are moved from one location to another, road impact fees shall be collected for the new location if the structure or mobile home is a type of land development listed in Section 14.70.070 of this chapter, regardless of whether road impact fees were paid at the old location, unless the use of the new location is a replacement of an equivalent use. If the structure or mobile home so moved is replaced by an equivalent use, no road impact fees shall be owed for the replacement use. In every case, the burden of proving past payment of road impact fees or equivalency of use rests with the fee payer.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

There are established three road impact fee areas of benefit as shown in Figure 14.70.060, following this section. The boundaries of the respective areas of benefit are described as follows:

 "(A) Valley Floor 99 is bounded by the Madera County line on the north, south and west, and on the east by a line running from the Madera County line northwesterly along the Burlington Northern Santa Fe Railroad to its intersection with Avenue 12; thence east along Avenue 12 to its intersection with Road 34½ thence north along Road 34½ to its intersection with Avenue 13½ and continuing north along a projected line being the prolongation of Road 34¼ (alignment) to its intersection with Avenue 15; thence east along Avenue 15 to its intersection with Road 36; thence north on Road 36 to State Route 145; thence west on the current alignment of State Route 145 to its intersection with Road 33; thence north along Road 33 to its intersection with Road 400; thence northeasterly along Road 400 to Road 603; thence northwesterly and west along Road 603 to Road 29; thence north along Road 29 for approximately 1½ miles and continuing north on a projected line being the prolongation of Road 29 (alignment) to the Madera County line, excepting those portions of property which lie within the incorporated areas of the Cities of Madera and Chowchilla.

 (B) South 41 is bounded on the west by the Valley Floor 99 area of benefit, on the south and east by the Madera County line, and on the north by a line running east along State Route 145 from its intersection with Road 36 to the present alignment of State Route 41 and intersection with Road 145; thence east on Road 145 to its intersection with Road 211; thence northeasterly along Road 211 to its intersection with Road 210; thence northeasterly along Road 210 to its intersection with Road 216; thence southeasterly along Road 216 to its intersection with the North line of Section 23, Township 10 South, Range 21 East, Mount Diablo Base and Meridian; thence east along the North line of Section 23 to the Northeast corner of Section 23; thence south along the East line of Section 23 to its intersection with the San Joaquin River, also being the Madera County line.

 (C) North 41 is bounded on the south by the Valley Floor 99 and South 41 areas of benefit, and on the northwest, north and southeast, by the Madera County line."

(Ord. No. 367-P, § 3, 11-10-09; Ord. 367-0 § 2(part), 1996: Ord. 566 § 1, 1995: Ord. 367N-1 § 3(part), 1995).

A.

Except as otherwise provided in this chapter, the amount of the fees shall be determined by the schedule attached to this section as Table 14.70.070. The reference in the schedule to square feet shall refer to the gross square footage of each floor of a building measured to the exterior walls, and not to usable, interior,

rentable, noncommon or other forms of net square footage, but for restaurants includes patios and other outdoor dining areas. The terms used in the schedule, while they in most cases are identical with terms defined in the Madera County zoning ordinance, are not necessarily definitive but are intended to be broad categories into which similar projects will fall. These use classifications are described more fully in Trip Generation, 7th Edition, published by the Institute of Traffic Engineers.

If a use classification covers more than one land use type listed in the schedules, the impact fees shall be determined by reference to the actual use of the building or structure as determined by the use of the definitions used in the zoning ordinance or in Trip Generation. However, if a use classification is used exclusively with only one land use type, then the impact fees shall be based on that particular land use regardless of how the fee payer would choose to characterize the use for purposes of marketing, land sale registration, permit applications or any other purpose. If the use classification of all or part of a building or structure changes, impact fees shall be recalculated to reflect the change and any net increase paid before the building, structure or part in question may be occupied.

If a building permit or equivalent permit is requested for a building with mixed uses, the fees shall be determined according to the schedules by apportioning the space committed to uses specified on the schedule.

The county road commissioner, or his or her designee, shall be responsible for calculating the amount of the road impact fees that apply to building permit, mobile home installation permit or equivalent permit applications or projects. The total amount of fees for a particular permit application or project shall be calculated by using the applicable use classifications and areas of benefit.

If the type of development activity for which a building permit or equivalent permit is applied is not specified on the above-referenced fee schedules, the county road commissioner shall use the fees applicable to the most nearly comparable type of land use on the above fee schedules. The county road commissioner shall be guided in the selection of a comparable type by the Institute of Transportation Engineers' (ITE) Trip Generation: An Informational Report (5th edition) and studies or reports done by the United States Department of Transportation, the California Department of Transportation, the Madera County road department and articles or reports appearing in the ITE Journal. If the county road commissioner determines that there is no comparable type of land use on the above fee schedules, the county road commissioner shall determine the fee in accordance with the rules and guidelines adopted under this chapter.

B.

When a change of use, redevelopment or modification of an existing use requires the issuance of a building permit, mobile home installation permit or equivalent permit, the road impact fee shall be based upon the net increase of the impact fee for the new use as compared to the previous use. However, should the

change of use, redevelopment or modification result in a net decrease, no refunds or credits for past impact fees paid shall be made or created. The county road commissioner shall be guided in this determination by the above-named sources.

C.

If the road impact fee has been calculated and paid based on error or misrepresentation, it shall be recalculated and the difference refunded or paid to the then-current record owner or owners of each unit of development, whichever is applicable. If road impact fees are owed, no county permits of any type may be issued for the building or structure in question, or for any other part of a development of which the building or structure in question is a part, while the fees remain unpaid, and the building official may bring any action permitted by law or equity to collect unpaid fees.

D.

A fee payer may elect not to have the impact fees determined according to subsection A of this section. In such event, the fee payer may request the county to have prepared an independent fee calculation study for the land development activity for which a building permit, mobile home installation permit or equivalent permit is sought. The independent fee calculation study shall measure the impact of the development in question on the roads for which fees are charged under this chapter by following the prescribed methodologies and formats for the study established by the rules and guidelines adopted under this chapter by the board of supervisors.

Upon a receipt of a request to have an independent fee calculation study prepared, the road commissioner, or his or her designee, shall solicit competitive bids from qualified professionals who have been pre- approved by the county for the preparation of such studies, and shall select one such consultant or consulting firm to prepare the required study. The applicant shall make a cash deposit with the road commissioner in an amount equal to the bid of the selected consultant and thereafter, the road commissioner shall award the bid and have the study performed by said consultant. Following completion and acceptance of the study by the road commissioner, the applicant shall thereafter be charged road impact fees equal to the amounts determined by the independent fee study.

Table 14.70.070 Calculation of Fees by Land Use—All Projects (SR 41 and Other Projects)—11/23/22

*1 Adjusted daily trips considering pass-by and linked trips. Percentages applied to estimate net trips were identified by VRPA considering information contained in the ITE trip generation manual and referencing

other traffic impact fee studies.

(Ord. No. 367U, §§ 1, 2, 12-20-22; Ord. No. 367T, §§ 1, 2, 4-8-14; Ord. No. 367-P, §§ 4—8, 11-10-09; Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

A.

Except as otherwise provided in this chapter, the fee payer shall pay the road impact fees required by this chapter to the building official prior to the issuance of a building permit, mobile home installation permit or equivalent permit for which the fees are imposed. Except as otherwise provided in this chapter, no building permit, mobile home installation permit or equivalent permit may be issued for any development referred to in Section 14.70.070 of this chapter by Madera County until such fees have been paid.

B.

In lieu of cash, up to ninety-five percent of the road impact fees may be paid by the use of credits created in accordance with the provisions of Section 14.70.120(B) of this chapter.

C.

All funds collected pursuant to this chapter shall be properly identified by road impact fees area of benefit and promptly transferred by the building official for deposit into the appropriate road impact fee trust fund to be held in separate accounts as determined in Section 14.70.090 of this chapter and used solely for the purposes specified in this chapter.

D.

For permit applications for general light industrial, research and development, or other industrial uses, the fee payer may elect to defer payment of the required road impact fees until a certificate of occupancy is requested for the uses. Any fee payer so electing shall be required to enter into a written agreement with the county whereby the fee payer agrees that if prior to the expiration of one year from the date of the issuance of a final certificate of occupancy the required road impact fees have not been paid, or have not been paid in full, the county shall have the authority to record a lien against the real property for which the certificate of occupancy was issued and that such lien may be enforced in the same manner and by following the same procedures applicable to the levying, collection and enforcement of regular county ad valorem property taxes. The county counsel shall prepare a standard form of agreement for such use.

(Ord. No. 367-P, §§ 9, 10, 11-10-09; Ord. 367-O § 2(part), 1996: Ord. 566 § 2, 1995; Ord. 367N-1 § 3(part), 1995).

A.

There are established two road impact fee trust funds, one for improvements to State Route 41 and the other for improvements to all other state and local highways and roads identified in the current road impact fee study and for which fees are charged under this chapter.

B.

Funds withdrawn from these accounts must be used in accordance with the provisions of Section 14.70.100 of this chapter.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

A.

Funds collected from road impact fees shall be used for the purpose of capital improvements to approved roads as shown in the current road impact fee study and for the purpose of developing and administering this chapter. Such improvements shall be of the type made necessary by the new development. No funds shall be used for periodic or routine maintenance. Except as provided in subsection C of this section, funds shall be used exclusively for capital improvements to the approved roads for which the fees were collected. Funds may be used or pledged in the course of bonding or other lawful financing techniques, so long as the proceeds raised thereby are used for the purpose of capital improvements to the approved roads described in the then-current county road impact fee study and for which fees are charged under this chapter. If these funds or pledge of funds are combined with other revenue sources in a dual- or multipurpose bond issue or other revenue-raising device, the proceeds raised thereby shall be divided and segregated in such a fashion that the amount of such proceeds reserved for road purposes bears the same ratio to the total funds collected that the road impact fee funds used or pledged bear to the total funds, used or pledged.

B.

At the meeting of the board of supervisors required by Section 14.70.150(A), the county road commissioner shall present to the board of supervisors a proposed capital improvement program for roads, assigning funds, including any accrued interest, from the road impact fee trust funds to specific road improvement projects. At that same meeting, the county road commissioner shall also present an updated capital improvement plan for roads. The board of supervisors shall conduct a noticed public hearing on and adopt an updated capital improvement plan for roads in the manner required by law. Moneys, including any accrued interest, not assigned in any fiscal period shall be retained in the same road impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this chapter. An updated capital improvement plan for roads shall also be prepared and presented to the board of supervisors concurrently with the updated road impact fee study required or allowed by Section 14.70.170. The cost of preparing and presenting such an updated capital improvement plan for roads shall be borne by the general plan amendment applicant.

C.

Upon written request of the road commissioner, moneys placed in one road impact fee trust fund may be borrowed and placed in another road impact fee trust fund so long as the board of supervisors first determines in a noticed public meeting that such loans will not materially disrupt or otherwise alter the timing of provision of capital facilities to be paid for from the lending trust fund and will be repaid from specifically identified revenue sources within five years, either from the borrowing trust fund or from some

other designated source, with interest at a rate established by the board at the time it authorizes the loan; provided, however, that if the interest is to be paid from road impact fees deposited in the borrowing trust fund, the board first finds that the amount of such interest so paid will be equal to or less than the benefit given to fee payers of the borrowing trust fund by virtue of the accelerated provision of capital facilities paid for by the borrowing trust fund made possible by virtue of the loan. Upon authorization of any loan, the county's fiscal officers are authorized and directed to perform all acts necessary to comply with said loan terms. Loans may be extended or renewed by the board of supervisors upon findings that such extensions or renewals will not materially disrupt or otherwise materially delay the timing of provision of capital facilities by the lending trust fund. Failure to comply with the terms of a loan shall cause the collection of road impact fees otherwise required by this chapter to be paid to the borrowing trust fund to be paid over to the lending trust fund for all building permits, mobile home installation permits or equivalent permits applied for during the period when the loan is in default.

D.

The county shall be entitled to retain from road impact fees it collects an amount equal to its administrative costs of developing and administering this chapter, which amount shall not exceed three percent annually. This administrative change shall be approved by the board of supervisors in connection with its annual findings under Section 14.70.150.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

If a building permit, mobile home installation permit or equivalent permit expires, is revoked or is voluntarily surrendered and is, therefore, voided, no construction or improvement of land (including moving a mobile home onto land) has been commenced, and no written agreement waiving a refund has been entered into, then the then-current record owner or owners of each unit of development shall be entitled to a refund of the road impact fees paid as a condition for its issuance. No interest shall be paid on refunds due to non- commencement.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

A.

The following shall be exempted from payment of the road impact fee:

Alterations or expansion of an existing building or land use where no additional living units will be produced over and above those in the existing use of the property, the use is not changed and where no additional vehicular trips will be produced over and above those produced by the existing use;

The construction of accessory buildings or structures which will not produce additional vehicular trips over and above those produced by the principal building or land use;

The replacement of a lawfully permitted building, mobile home or structure, the building permit, mobile- home installation permit or equivalent permit for which was issued on or before the effective date of the ordinance codified in this chapter; or the replacement of a building, mobile home or structure that was constructed subsequent thereto and for which the correct road impact fee, which was owed at the time the building permit, mobile home installation permit or equivalent permit was applied for, was paid or otherwise provided for, with a new building, mobile home or structure of the same use and at the same location, provided that no additional vehicular trips will be produced over and above those produced by the original use of the land;

Agricultural buildings as defined in Section 14.70.040;

A building permit obtained by or for the United States of America, the state of California, Madera County or any school district, community college district or other public district or agency;

A building permit, mobile home installation permit or equivalent permit for which the road impact fee has been or will be paid or otherwise provided for pursuant to a written agreement, general, area, or specific plan amendment, conditional use permit, zoning approval, or subdivision or parcel map condition which, by the written terms thereof, clearly and unequivocally was intended to provide for the full mitigation of such impact by enforcement of the agreement, plan amendment, zoning approval, conditional use permit or map condition, and not by the application of this chapter;

A building permit, mobile home installation permit or equivalent permit which does not result in any additional generation or attraction of traffic.

B.

Credits.

No credit shall be given for site-related improvements, local roads, dedication of right-of-way which is a condition of approval of a general plan, area plan or specific plan amendment, rezoning, conditional use permit, parcel or subdivision map, or payments to special assessment or taxing districts, unless otherwise specifically provided in the plan amendment, rezoning, conditional use permit or map approval or in the levy of the special assessment or tax.

All other capital improvements for approved roads, except for those improvements deemed site-related, shall be credited against road impact fees in amounts to be established pursuant to subsection (B)(3) of this section. However, the right to determine whether a capital improvement will be approved for credit purposes lies exclusively with the county.

When a person requests that a credit be created for construction of an approved road and/or the dedication of right-of-way for an approved road permitted by subsection (B)(2) of this section, he shall submit a project description in sufficient detail and with complete cost estimates prepared by qualified professionals to be utilized by the county road commissioner in determining the amount of the credit the county road commissioner will recommend be authorized by the board of supervisors. When a person requests credit for land dedication for approved roads, he shall present a specimen of the deed which he proposes to use to convey title to the county; a title report rendered no more than sixty days prior to the submission thereof, the content of which is satisfactory to the county counsel and verifying that the proffered deed will convey unencumbered fee simple title to the appropriate government body, property appraisals prepared by qualified professionals; and a certified copy of the most recent assessment of the property for tax purposes to be used by the county road commissioner in making his decision or recommendation for the amount of the credit. In preparing their reports, appraisers shall value the land at its then-current zoning and without the improvements for which the dedication is offered or the permit in question is sought, unless the land in question is subject to a valid agreement, zoning approval or map condition which prescribes a different valuation, in which case the agreement, zoning approval or map condition shall control. However, the county road commissioner retains the right to independently determine the amount of credit to be approved or recommended by securing other engineering and construction cost estimates and/or property appraisals for those improvements and/or right-of-way dedications through the use of the methodology described in Section 14.70.070.

In every case, road impact fee credits shall be calculated so as to be consistent with any state of California statutory requirements. The amount of credits given for construction of or dedication of land for an approved road shall not exceed ninety-seven percent of the costs identified in the then-current road impact fee study for the particular road.

Credits for construction shall be created when the construction is completed and accepted by the appropriate governmental body for maintenance or when the fee payer posts security, as provided in this section, for the costs of such construction. Credits for land dedication shall be created when the title to said land has been accepted by the appropriate governmental body and recorded in the official records of the county recorder of Madera County. Security in one of the forms authorized by the Subdivision Map Act (Chapter 5, commencing with Section 66499, of Division 2 of Title 7 of the Government Code) shall be posted with the board of supervisors, made payable to the county, in an amount approved by the county road commissioner equal to one hundred and ten percent of the full cost of such construction. If the road construction project will not be constructed within one year of the acceptance of the offer by the county, the amount of the security shall be increased by ten percent compounded for each year of the life of the

security. The security shall be reviewed and approved by the county counsel's office prior to acceptance of the security by the county.

Road impact fee credits may be used to pay or otherwise offset road impact fees required by this chapter provided that unless otherwise authorized by the board of supervisors, such credits must be used in the same road impact fee area of benefit in which they are earned. Unless a longer period is specifically authorized by the board of supervisors, such credits must be used within five years of the date they are created, which date is the date the instruments conveying legal title to the land or improvements, which were given in exchange for credits, were recorded in the county's official records. If, during this period, road impact fees are increased, unused credits shall also be increased proportionately. Credits not used during this period shall be canceled by the county road commissioner. Any person who accepts credits in exchange for the dedication of land or improvements does so subject to the limitations on the use, duration, nonrefund provisions, and other restrictions prescribed in this chapter.

Pursuant to the procedures established in the rules and guidelines adopted under this chapter, fee payers who would otherwise be entitled to credits for the building of capital improvements or dedication of land may enter into reimbursement agreements with potential fee payers, whereby the first fee payer will agree to build capital improvements and/or dedicate land for the benefit of the second fee payer; in lieu of credits, the second fee payer will agree to reimburse the first fee payer for the costs of capital improvements and/or value of land dedicated for his benefit.

C.

Fee payers claiming credits shall submit documentation sufficient to permit the county road commissioner to determine whether such credits claimed are due and, if so, the amount of such credits.

D.

Exemptions, credits or waivers must be claimed by the fee payer at the time of the application for a building permit, mobile home installation permit or equivalent permit. Any exemptions, credits or waivers not so claimed shall be deemed waived by the fee payer.

E.

Waivers.

Part or all of the road impact fees otherwise payable for a particular project may be waived by the board of supervisors pursuant to this section and procedures and standards established in the rules and guidelines adopted under this chapter.

The purpose of any fee waiver shall be to encourage industrial development, affordable housing projects or other projects meeting the standards established in the rules and guidelines adopted under this chapter.

There shall automatically be granted a fee waiver for industrial and research and development projects that will create new, full-time jobs. The waiver shall be in the amount of one percent of the fee otherwise due for each new, full-time job that will be created by the project, up to a maximum waiver of one hundred percent of the fee otherwise due for such a project if it will create one hundred or more new, full-time jobs. Requests for fee waivers for other projects and uses shall be considered on a case-by-case basis pursuant to the rules and guidelines adopted under this chapter.

(Ord. 367-O § 2(part), 1996: Ord. 566 § 3, 1995: Ord. 367N-1 § 3(part), 1995).

Any decision made by the county road commissioner, planning director or building official in the course of administering this chapter may be appealed in accordance with those procedures set forth in Title 18 of this code, Sections 18.108.110 through 18.108.180.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

Commencing on the first anniversary of the effective date of the ordinance codified in this chapter, each component of the road impact fees may be increased by the board of supervisors from time to time in accordance with Chapter 5 (commencing with Section 66000) and Chapter 8 (commencing with Section 66016) of Division 1 of Title 7 of the Government Code. Commencing on the first anniversary of the effective date of the ordinance codified in this Chapter, on an interim basis, the county may increase each component of the road impact fees pursuant to Chapter 12.5 (commencing with Section 54985) of Part 1 of Division 2 of Title 5 of the Government Code to reflect cost increases of road facilities and improvements using relevant data provided by the latest available edition of the Engineering News Record Cost Index, ENR Twenty Cities Building Cost (base month shall be July, 2009), or any other indices determined relevant by the county road commissioner. At the meeting of the board of supervisors required by Section 14.70.150(A), the road commissioner shall present any proposed fee increase.

(Ord. No. 367-P, § 11, 11-10-09; Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

A.

For each applicable separate trust fund established under this chapter, the county road commissioner shall, within sixty days of the close of each fiscal year, make available to the public the beginning and ending balance for the fiscal year and the fees, interest and other income and the amount of expenditure by road improvement or facility and the amount of refunds made under Government Code Section 66001(e) and this chapter during the fiscal year, together with detailed information on all fee credits and fee waivers. The board of supervisors shall review this information at its next regularly scheduled public meeting not less

than fifteen days after the availability of the information required by this section. Notice of the time and place of the meeting shall be given as required by law. The board of supervisors may establish a reasonable annual charge for sending such notices based on the estimated cost of providing that service.

B.

At the meeting required by subsection A of this section, the board of supervisors shall make findings with respect to any portion of the county road impact fees remaining unexpended or uncommitted five or more years after deposit of the fees, which findings must identify the purpose to which the fees are to be put and to demonstrate a reasonable relationship between the fees and the purposes for which they were charged.

C.

Except as provided in subsection D of this section, the county shall refund to the then-current record owner or owners of each unit of development on a prorated basis the unexpended or uncommitted portion of the road impact fees, and any interest accrued thereon, for which need cannot be demonstrated under Section 14.70.150(A). Such refund of unexpended or uncommitted revenues may be made by direct payment, by providing a temporary suspension of fees or by any other means consistent with the intent of Government Code Section 66001.

D.

If the administrative costs of refunding unexpended or uncommitted revenues under Section 14.70.150(B) exceed the amount to be refunded, county, after public hearing, notice of which has been given as required by law, may determine that the revenues shall be allocated for some other purpose for which fees are collected under this chapter.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

The board of supervisors shall, by resolution, adopt rules, regulations, guidelines, standards and procedures for the administration of this chapter (in this chapter, "rules and guidelines"). The rules and guidelines shall address issues including, but not limited to, fees to be levied on existing projects; procedures and standards for variances, exemptions, credits and/or waivers; dedications of property in lieu of fees; guidelines for projects which will require additional traffic analysis; more detailed accounting procedures including procedures for the use of funds retained for development and administration of this chapter; coordination among county departments; fees to be levied in the event of additions, modifications or replacement of existing structures; and other matters relevant to the administration of the road impact fee program adopted by this chapter.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

At not less than five-year intervals, or upon approval of a major amendment to the land use element of the Madera County general plan, the county road commissioner shall cause the then-current road impact fee study to be updated to take account of changes in the cost of improvements, growth patterns and rates,

demographic variables and other changes in circumstances. The cost of such updates shall be charged to the trust funds established under this chapter in proportion to the balance of funds in each such fund, or to the applicant for the major amendment to the land use element of the general plan, whichever is applicable.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

A violation of this chapter shall be a misdemeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution, Madera County, or any road impact fee payer, shall have the power to sue for relief in civil court to enforce the provisions of this chapter. Knowingly furnishing false information to the county road commissioner, planning director, the building official or any official who is charged with the administration of this chapter or any matter relating to the administration of this chapter shall constitute a violation thereof. Prior to the expiration of one year from the date of issuance of a final certificate of occupancy for which the required road impact fees have not been paid, or have not been paid in full, the county road commissioner shall have the authority to record a lien against the real property for which the certificate of occupancy was issued.

(Ord. 367-O § 2(part), 1996: Ord. 566 § 4, 1995: Ord. 367N-1 § 3(part), 1995).