Sutter County Municipal Code Ch. 1380 The Sutter Butte Basin Regional Levee Improvement Program Development…

This Chapter shall be known as the "Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee" (Regional LDIF) regulation of the County of Sutter. The County of Sutter hereinafter shall be called "County." This chapter shall be applicable in the incorporated territory of the County.

(Ord. No. 1712, § 1, 9-12-2023)

"Operative Date" of this chapter begins on the 60 th day following the adoption of the ordinance codified in this chapter and continuing for 30 years thereafter at which time, unless operative date is amended prior to that date, the collection of the Impact Fee pursuant to chapter shall cease.

(Ord. No. 1712, § 1, 9-12-2023)

This chapter is adopted to impose a levee improvement development impact fee (Levee Fee) to ensure that new development within the Sutter Butte Basin portion of the County of Sutter pays its proportionate share of the levee improvement costs needed to provide 200-year level of protection to the urban (Northern) portion of the Sutter Butte Basin and 100-year level of protection to the rural (Southern) portion of the Basin. This Levee Fee, in combination with other sources of funding described within the Nexus Study will fund the Project to provide flood protection to the Sutter Butte Basin as detailed in the Nexus Study.

(Ord. No. 1712, § 1, 9-12-2023)

(a) Collection Agreement. The Agreement for Collection of the Fee for development projects within the Counties of Butte and Sutter and the Cities of Biggs, Gridley, Live Oak and Yuba City, to be transferred to the Sutter Butte Flood Control Agency as adopted by the Board of Supervisors on August 22, 2023, as said Agreement may be amended from time to time.

(b) Fee Area. Shall be as indicated in the Regional LDIF Nexus Study, June 30, 2023, Figure 1: Regional Levee Development Impact Fee Boundary, page 4.

(c) Gross Developable Acreage: Shall be as indicated in the Regional LDIF Nexus Study, June 30, 2023.

(d) Nexus Study. The Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee Nexus Study, dated June 30, 2023, prepared by Larsen Wurzel & Associates, Inc., adopted by the Board of Supervisors on August 22, 2023, as said Study may be amended from time to time.

(e) Regional Levee Development Impact Fee (Regional LDIF) or "Fee". The fee as defined in Exhibit A: Regional Levee Improvement Program Development Impact Fee for property development within the Fee Area.

(Ord. No. 1712, § 1, 9-12-2023)

The Regional LDIF for the Sutter Butte Basin Levee System, based on the acreage of a project, is detailed within the Nexus Study.

(Ord. No. 1712, § 1, 9-12-2023)

1. For New Development of Vacant Land. In the case where a New Development is being constructed on vacant land or land that has not previously been developed:

Residential Land Uses

• For all residential land uses, the fee is calculated proportionately to the square footage of the residential property. The total conditioned (habitable) square footage of the property is divided by 1,000 square feet to determine the total fee amount. Conditioned or habitable square footage is livable space within a residential property excluding basements, garages, garden sheds, greenhouses, storage sheds, and covered patios.

Nonresidential Land Uses

• For nonresidential land uses, the total square footage of building space is divided by 1,000 square feet to determine the total fee amount.

2. For Development of Land with Existing or Pre-Existing Structures or Replacement Structures.

Residential Land Uses

• For a residential expansion project in excess of 500 new habitable square feet, the incremental new square footage will be charged the fee on a 1,000 square foot basis.

• For residential replacement projects, if the project involves development of a new residential structure after the demolition of a pre-existing structure (regardless of the use of the pre-existing structure), and the new structure is larger than the demolished structure by 500 square feet or more, only the incremental new habitable square footage will be charged the fee per 1,000 square foot basis. The net new square footage in excess of 500 square feet will be determined by subtracting the documented habitable square footage of the previously existing structure from the new square footage.

• For residential expansion or replacement projects of less than 500 new square feet, no fee will be due.

Nonresidential Land Uses

• For nonresidential expansion projects of more than 500 new building square feet, the additional square footage will be charged the fee per 1,000 square foot basis.

• For nonresidential replacement projects, if the project involves development of a new nonresidential structure after the demolition of a pre-existing structure (regardless of the use of the pre-existing structure) and the new structure is larger than the demolished structure by 500 square feet or more, only the incremental new square footage will be charged the fee on a 1,000 square foot basis. The net new building square footage in excess of 500 square feet will be determined by subtracting the documented habitable square footage of the previously existing structure from the new square footage.

• For nonresidential expansion or replacement projects of less than 500 new building square feet, no fee will be due.

(Ord. No. 1712, § 1, 9-12-2023)

The fee may be paid at the time of building permit issuance, but shall be paid prior to the final permit inspection.

(Ord. No. 1712, § 1, 9-12-2023)

Consistent with the Nexus Study, the amount of the Regional Levee Development Impact Fee established by this Chapter may be revised periodically by resolution of the Board of Supervisors.

(Ord. No. 1712, § 1, 9-12-2023)

The following land uses and/or development projects are exempt from the Regional Levee Fee:

1. Agricultural: Development projects on agricultural land including development of Rural Residential parcels greater than five Acres in size.

2. Additions to Pre-Existing Structures: Development projects that require a building permit and are not increasing the amount of new structure square footage are exempt from the fee if the project involves adding less than 500 new square feet. If the project increases the structure by 500 square feet or more, only the incremental new square footage will be charged the fee on a proportionate basis.

3. Replacement due to Damage (with or without Addition): If the proposed project is an in-kind replacement to a previously existing structure because of fire damage or other natural disaster, the project will be exempt from the fee so long as the replacement does not increase the amount of new structure by more than 300 square feet. If the project increases the structure by more than 300 square feet, the incremental new square footage will be charged the fee on a proportionate basis.

4. Structures Raised Above the 200-Year Floodplain Elevation: Development projects with structures raised above the elevation of the 200-year flood as determined by the Land use agencies or structures removed from the 200-year floodplain by flood control improvements that meet the design standards applicable to the Federal-State flood control system as determined by the Land use agencies, shall be exempt from the fee. The "200-year flood" and "200-year floodplain" are determined without incorporating SBFCA's completed Feather River West Levee improvements.

5. Open Space: Any development project that takes place on open space land.

6. Public Agency Owned Land (including federal, state, and local agencies): Any development project located on land owned by a government agency and is to be used solely for public use.

(Ord. No. 1712, § 1, 9-12-2023)

The Development Impact Fee—Levee Protection Fund is created and established. The Regional Levee Development Impact Fee collected pursuant to this Chapter shall be deposited in the Development Impact Fee—Levee Protection Fund. Revenue collected and deposited in such fund shall be used for the purpose of transferring collected fees to the Sutter Butte Flood Control Agency, as specified in Section 3, Deposit of DIF, of the Collection Agreement.

(Ord. No. 1712, § 1, 9-12-2023)

EXHIBIT A REGIONAL LEVEE IMPROVEMENT PROGRAM DEVELOPMENT IMPACT FEE (SUTTER BUTTE BASIN, 200-YEAR AND 100-YEAR FLOODPLAIN)

1. See Sutter County Ordinance Code Section 1300 for fee calculation process.

(Ord. No. 1712, § 1, 9-12-2023)