Tuolumne County Municipal Code Ch. 3.50 County Services Impact Fees

Sections:

• 3.50.010

• Purpose.

• 3.50.020

• Definitions.

• 3.50.030

• Establishment of fees.

• 3.50.040

• Expenditure and reimbursement of fees.

• 3.50.050

• Fee payment.

• 3.50.060

• Appeals.

finds:

1. New development creates a need for construction or expansion of public improvements and public services to mitigate the impacts caused by the development;

2. Adequate funding to accommodate this need for public facilities is not available;

3. A county services impact fee is necessary to finance these additional public necessities by requiring development to pay its fair share, to implement the County General Plan Policies 6.M.1, 7.E.3 and 7.L.2, and to ensure that adequate public facilities are available to protect the public health, safety and welfare.
   (Ord. 3218 §1, 2013; Ord. 1797 § 1 (part), 1990).

chapter, and in resolutions adopted under its authority, shall have the following meanings.

"Applicant" means an owner, lessee of record, or an agent authorized in writing.

"Development project" means any project undertaken for the purpose of development.
"Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

“Extremely low-income household” means a household with an annual income no greater than 30% of the County median income, adjusted by household size, as determined by the California Department of Housing and Community Development.

"Fee" means a monetary exaction, other than a tax or special assessment, which is charged to an Applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for park and recreational uses pursuant to Government Code Section 66477, fees collected in connection with a development agreement adopted pursuant to Title 7, Chapter 4, Article 2.5, (commencing with Section 65864) of the Government Code, or fees imposed pursuant to a reimbursement agreement with the Applicant to pay for public facilities that exceed the need attributable and reasonably related to the development project. “Low-income household” means a household with an annual income above 50% of the County median income but no greater than 80% of the County median income, adjusted by household size, as determined by the California Department of Housing and Community Development.
“Median-income household” means a household with an annual income above 80% of the County median income but no greater than the County median income, adjusted by household size, as determined by the California Department of Housing and Community Development.

"Public facilities" includes public improvements, public services and community amenities.

"Residential development' means single-family residences, multiple-family residences, mobilehome parks or other development for residential purposes.

“Very low-income household” means a household with an annual income above 30% of the County median income but no greater than 50% of the County median income, adjusted by household size, as determined by the California Department of Housing and Community Development. (Ord. 3218 §1, 2013; Ord. 2004 §3, 1993; Ord. 1947 § 1, 1992; Ord. 1797 § 1 (part), 1990).

established a fee to be imposed on each development project approved by the County. The Board of Supervisors by resolution shall:

1. Establish the amount of the fee to be imposed on each type of development project;

2. Identify the purpose of the fee;

3. Identify the specific use to which the fee is to be put;

4. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;

5. Determine how 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; and

6. Determine how 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. (Ord. 3218 §1, 2013; Ord. 1797 § 1 (part), 1990).

fees.

A. Fees subject to this chapter, shall be deposited, invested, accounted for and expended pursuant to California Government Code Section 66006. The fees shall be held in separate public facility accounts by the Auditor to be expended for the purpose for which they were collected. The Auditor shall allocate fee interest accrued to the accounts for which the original fee was imposed.

B. The Auditor shall report to the Board of Supervisors once each fiscal year on 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 shall make findings once each fiscal year with respect to any fees reported on to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

C. The Board of Supervisors shall order a refund of unexpended or uncommitted fees for which a need cannot be demonstrated, along with accrued interest, to the then current record owner(s) of lots or units of the development project(s) on a prorated basis. The Auditor may refund these fees by direct payment or by off- setting other obligations owed to the County by the then current record owner(s) of the development project(s).

D. If the administrative costs of refunding unexpended or uncommitted fee revenues exceed the amount to be refunded, the Board of Supervisors, 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 affected development project, may determine that the fee revenues shall be allocated for some other purpose for which the fees are collected subject to this chapter that serve the project on which the fee was originally imposed. (Ord. 3218 §1, 2013; Ord. 1797 § 1 (part), 1990).

A. Except as provided herein, prior to the issuance of a certificate of occupancy or date of final inspection, whichever occurs first, the Applicant for a development project shall pay to the Community Resources Agency the fee amount adopted by Board resolution.

B. Except as provided herein, if the Board of Supervisors establishes an account and appropriates funds for a public facility and adopts a Capital Improvement Plan (CIP) pursuant to Government Code Section 66002 for a public improvement, thereafter, fees shall be paid prior to issuance of a building permit for residential development. If a CIP is adopted, the County Administrator shall schedule and notice an annual public hearing before the Board of Supervisors to update the CIP which may be incorporated into the process for review of the public works program pursuant to Board of Supervisors Resolution No. 89-11.

C. When application is made for the following residential development projects, the fee shall be paid as provided herein:

1. Extremely-low, Very-low, Low or Median- income Households. The fee shall be waived in total for individual residences, or residential developments, financed under any federal, state, local or non-governmental program which provides residential units that are affordable to extremely- low, very-low, low, or median-income households where the Applicant requesting a fee waiver demonstrates that all of the following requirements are met: a) The unit is affordable to the targeted income group;
   b) The household income does not exceed the area median income;
   c) Income restrictions on the unit, and rent or resale/recapture agreements will remain in place for a minimum of fifteen (15) years; and Applicant is participating in an affordable housing program that establishes and monitors affordability for a minimum of 15 years and the County will have the ability to confirm that the units will continue to be in compliance with the oversight agency.
   The Community Resources Director is authorized to approve a fee waiver for the County. Prior to issuance of a building permit for the subject residential development, the Applicant shall provide proof to the Community Resources Agency that the housing units meet the above requirements. The proof shall be in a format acceptable to the Community Resources Agency.

2. All Other Residential Development. The fee for residential development, other than as

included in subdivision 1, shall be paid prior to issuance of a blue tag for electrical service or at the time escrow closes if an escrow account has been established for the subject property prior to issuance of a building permit. Prior to the issuance of a building permit for the subject residential development, the Applicant shall provide proof to the Community Resources Agency that an escrow account has been established. The proof shall be in a format acceptable to the Community Resources Agency. The Community Resources Agency shall, prior to issuance of a building permit: (1) submit a demand for payment to the title company at which the escrow account is held for payment of the fee in its entirety at close of escrow; and (2) require the property owner to execute a contract to pay the fee within the time specified herein. These contracts shall be lien contracts as provided for by, and shall contain the provisions set forth in, Government Code Section 66007. The Community Resources Director is authorized to enter into and record these contracts on behalf of the County. Upon satisfaction of the contract, the Community Resources Director is authorized to execute a release of lien.

3. Inclusionary Units. The fee shall be waived in total for housing units affordable to extremely low, very low, low or median-income households constructed pursuant to an inclusionary housing plan approved by the County pursuant to Section 17.65.100 of this Code. D. The fee amount shall be determined by the fee schedule in effect on the date a vesting tentative map or vesting parcel map is approved, or the date an application for a building permit is submitted to the Community Resources Agency. E. When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, an additional fee payment shall be required to cover the increase in the fee schedule, if any, during the interim. F. When a fee is paid for a development project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit, the County Auditor shall refund the fee paid, less any administrative portion of the fee, upon Community Resources Agency written confirmation that the building permit has been cancelled.
   G. No fee shall be due for the reconstruction of any residential, commercial or industrial development project that was damaged or destroyed as a result of a natural disaster, as declared by the Governor. Any reconstruction or portion thereof, which is not substantially equivalent to the damaged or destroyed property shall be deemed to be new construction and shall be subject to the applicable fee. (Ord. 3218 §1, 2013; Ord. 2896 § 13 (part), 2008; Ord. 2501 § 1, 2003; Ord. 2314 § 15, 1999; Ord. 2004 § 1, 1993; Ord. 1947 §§ 2, 3, 1992; Ord. 1844 § 1, 1991; Ord. 1797 § 1 (part), 1990)

Community Resources Director concerning the County Services Impact Fee as provided herein may be appealed to the Board of Supervisors. The appeal shall be submitted to the Community Resources Agency within ten days from the date of the decision and shall set forth in writing the reasons for the appeal. An appeal shall not be considered unless it sets forth the reasons why it is claimed the Director’s determination was incorrect. The Community Resources Agency shall immediately forward a copy of the appeal to the Clerk of the Board. The Clerk shall schedule the matter for consideration by the Board within thirty days from the date of appeal and send a notice to the appealing person at least ten days before the meeting. Within forty-five days of receipt of the appeal the Board shall take action on the appeal. Appeals not submitted in a timely manner will not be considered and will be returned. (Ord. 3218 §1, 2013)