Moraga Municipal Code Ch. 17.04 General Provisions and Definitions

Title 17 of the Moraga Municipal Code may be referred to as the "Impact Fee Ordinance" and is adopted pursuant to Government Code Section 66000 et seq., (the "Mitigation Fee Act"). All words, phrases, and terms used in this title shall be interpreted in accordance with the definitions set forth in the Mitigation Fee Act, unless otherwise specifically defined herein.

(Ord. 220 § 2 (part), 2008)

Pursuant to the Mitigation Fee Act and this title, the town has established impact fees that will be imposed upon development projects for the purpose of mitigating the impact that the development projects have upon the town's ability to provide specified public facilities.

(Ord. 220 § 2 (part), 2008)

A. Pursuant to the Mitigation Fee Act, the town council will establish the amount of each impact fee by resolution. Once the fee is established, it shall automatically be modified annually based upon the engineering news record (ENR) construction cost index.

B. At least once every five years, the town council shall review the basis for each impact fee and determine whether the fees continue to be reasonably related to the needs of new development.

(Ord. 220 § 2 (part), 2008)

Except as otherwise expressly provided herein, this title applies to all new development in the town, excluding remodels, additions, reconstructions, and/or secondary living units, for which a building permit or other entitlement for development is issued on or after the effective date of the ordinance codified in this chapter.

(Ord. 220 § 2 (part), 2008)

A. When Due.

1. Except as set forth in this section, the full amount of the impact fees established by this title shall be paid at the time of building permit issuance.

2. In accordance with and subject to the provisions in Government Code Section 66007(b), the full amount of the impact fees imposed on residential development shall be paid at the time of building permit issuance if such fees (i) will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the town has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy, or (ii) are to reimburse the town for expenditures previously made. Otherwise, payment of such fees shall occur on the date of final inspection or the date of issuance of the certificate of occupancy, whichever occurs first.

B. Prepayments. The town does not accept prepayments of impact fees, unless prepayment is specifically authorized in a development agreement.

(Ord. 220 § 2 (part), 2008)

In accordance with Government Code Section 66006(a), when collecting fees in connection with the approval of a development project, the town shall deposit such fees with the other fees for the improvement in a separate capital facilities account in a manner to avoid any commingling of the fees with other town revenues or funds.

(Ord. 220 § 2 (part), 2008)

For each separate account or fund established in accordance with Section 17.04.060, the director of finance or his or her designee shall, within one hundred eighty (180) days after the last day of each fiscal year, comply with the public reporting requirements set forth in Government Code Section 66006(b). The director of finance or his or her designee shall also present the public reports identified herein to the town council for review at the next regularly scheduled town council meeting not less than fifteen (15) days after the reports are made available to the public.

(Ord. 220 § 2 (part), 2008)

An applicant may challenge the imposition of any fees imposed on a development project in accordance with the provisions set forth in Government Code Section 66020.

(Ord. 220 § 2 (part), 2008)

It is the intent of the town council that the fees established by this chapter shall be supplementary to the fees, dedications or conditions imposed upon development pursuant to the provisions of the Subdivision Map Act, California Environmental Quality Act, other applicable state laws, and town ordinances, resolutions and/or policies which may authorize the imposition of fees, dedications or conditions.

(Ord. 220 § 2 (part), 2008)