Stanislaus County Municipal Code Ch. 23.07 Other Rules

This title and any subsequent amendment to the public facilities fee program shall be read together. With respect to any public facility fee enacted by resolution under this title, any provision of such a public facility fee which is in conflict with this title shall be void.

(Ord. 360 §1, 1989)

Should any provision of this title or a subsequent amendment to the public facilities fee program be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this title and the public facilities fee program shall remain in full force and effect.

(Ord. 360 §1, 1989)

Unless otherwise directed by a resolution of the board of supervisors, a developer of any project subject to the fee described in this title may submit a request for consideration to the public facilities fee committee for reduction or adjustment of that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of the facilities to be financed. The request shall be made in writing and submitted to the chair of the public facilities fee committee. The request shall state in detail the factual basis for the claim of waiver, reduction or adjustment. If the decision of the committee is not satisfactory to the developer, the decision may be appealed to the board of supervisors. The board of supervisors shall consider the appeal at a public hearing held within sixty days after the date the committee made its decision. The public facilities fee committee shall prepare a staff report and recommendation for board of supervisor's consideration. The decision of the board of supervisors shall be final. If a reduction adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. CS 853 §1, 2003; Ord. 360 §1, 1989)

The ordinance codified in this title shall take effect thirty days from and after the date of its passage and before the expiration of fifteen days after its passage. It shall be published once, with the names of the members voting for and against the same in the Modesto Bee, a newspaper published in the county of Stanislaus, state of California.

(Ord. 360 §1, 1989)

Notwithstanding any other provision of this chapter, the board of supervisors may adopt by resolution a program for the purpose of allowing all or any portion of a public facility fee, as imposed by this chapter and as calculated in the amount determined by resolutions adopted by the board of supervisors, to be paid in installments after the issuance of a building permit. If established, such a program shall be administered by the Stanislaus County public facility fee committee whose decisions may be reviewed by the board of supervisors upon request of an applicant of such a program who is dissatisfied with a decision of the committee. In the event of such review, the decision of the board of supervisors shall be final. If an installment payment plan is approved for a project, any change in the use of property within the project area shall invalidate any existing installment payment plan and the entire amount of the public facility fee shall become due and payable immediately, unless the public facility fee committee approves a subsequent installment payment program for the modified project.

(Ord. CS 945 §1, 2005)