Stanislaus County Municipal Code Ch. 23.03 Conditions for Collection

A. In establishing and imposing a fee as a condition of approval of a development project, the following shall be done:

1. Identify the purpose of the fee;

2. Identify the use to which the fee is to be put;

3. Determine how there is a reasonable relationship between the fees used and the type of development on which the fee is imposed; and

4. Determine that there is a reasonable relationship between the need for the public facility and the impacts caused by the type of development project on which the fee is imposed.

B. The county before establishing a capital facility fee as a condition of approval of development projects, shall determine that there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

C. Upon receipt of a fee subject to this title, the county shall deposit, invest, account for and expend the fees pursuant to California Government Code Section 66006.

(Ord. 360 §1, 1989)

A. The auditor-controller shall report to the board once each fiscal year any portion of a fee remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. The board of supervisors shall make findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to identify the purpose to which the fee is put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

B. A refund of unexpended or uncommitted fees for which a need cannot be demonstrated along with accrued interest may be made to the current owner(s) of the development project(s) on a prorated basis. The auditor-controller may refund unexpended and uncommitted fees that have been found by the board to be no longer needed, by direct payment or by offsetting other obligations owed to the county by the current owner(s) of the development project(s).

C. If the administrative costs of refunding unexpended and uncommitted revenues collected pursuant to this section exceed the amount to be refunded, county, after a public hearing for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected subject to this title that serve the project on which the fee was originally imposed.

(Ord. 360 §1, 1989)