Chapter 11.40
DEVELOPMENT IMPACT FEE PROGRAM
Sections:
11.40.010 Purpose and applicability of chapter.
11.40.015 Development impact fees established.
11.40.020 Land use utilized to compute fee.
11.40.025 Impact fees in addition to other fees and charges.
11.40.030 Amount of impact fee.
11.40.035 Purpose and use of impact fees.
11.40.040 Imposition and payment of impact fees.
11.40.045 Disposition of impact fees.
11.40.050 Reporting requirements for funds.
11.40.055 Findings requirements for funds – Refunds.
11.40.065 Compliance – Enforcement.
11.40.005 Definitions.
(1) “New development” or “development project” shall mean any development requiring a development permit.
(2) “Development permit” shall mean any zoning entitlement permit or approval from the city of Biggs, including, but not limited to, a general plan amendment, zoning or rezoning of property, a conditional use permit, subdivision map, development review application, building permit or other permit for construction, reconstruction or remodeling. “Development permit” also includes permits for the erection of manufactured housing or structures and structures moved into the city.
(3) “Public facilities” include public improvements, public services and community amenities.
(4) “Chapter” or “this chapter” shall mean Chapter 11.40 BMC.
(5) “Initial effective date” shall mean the effective date of the ordinance creating this chapter.
(6) “Public facilities development impact fee (PFDIF)” shall mean a fee imposed upon all new developments or development projects. [Ord. 368 § 2, 2006]
11.40.010 Purpose and applicability of chapter.
(1) Purpose. The city council declares the purpose of this chapter is to provide for the orderly, fair and fiscally sound development of property located within the city of Biggs in order to promote the health, safety and welfare of the residents of Biggs and to comply with the provisions of Government Code Section 66000 et seq., or any applicable successor statutes.
(2) Applicability. The impact fee program established by this chapter and any subsequently adopted development impact fees shall apply to all new development or development projects as defined in BMC 11.40.005, with the following exceptions:
(a) Government/public buildings, public schools, or other public facilities.
(b) Alteration, remodeling, rehabilitation and/or reconstruction of, or additions to, any existing legal residential structure where no additional dwelling units are created and/or the use is not changed. Any change in use or increase in the number of dwelling units shall require payment at the current impact fee level applicable to infill development projects, as defined in subsection (3) of this section.
(c) Alteration, remodeling, rehabilitation and/or reconstruction of any existing legal nonresidential structure where there is no net increase in square footage of the structure and/or the use is not changed. Any change in use or increase in square footage of the structure shall require payment at the current impact fee level applicable to infill development projects, as defined in subsection (3) of this section.
(d) Development projects that are the subject of a development agreement entered into pursuant to Government Code Section 65864 et seq., but only where the development agreement specifically states that said development shall be exempt from the fees herein.
(e) Reconstruction of a building or structure located on property which was damaged or destroyed by fire or other casualty or which was voluntarily demolished during the prior three-year period where no additional dwelling units are created and/or the use is not changed. Any change in use or increase in the number of dwelling units shall pay the current applicable development impact fees for such use or increase.
(f) Construction of a building used primarily for congregate housing of persons who are 55 years of age or older.
(g) The replacement (and complete removal) of a single-family manufactured dwelling with a single-family conventional construction dwelling.
(3) Exemptions – Certain Infill Development Projects. The impact fee applicable to infill development projects as defined herein shall not include and shall be exempt from fees for parks and recreation facilities, water facilities, wastewater facilities and electrical facilities. Infill development projects are limited to the construction of single-family dwellings upon the 16 vacant lots identified in the city’s housing element in effect at the time of the adoption of the ordinance codified in this chapter, one such dwelling per lot and only if such lot was legally created and is properly zoned for a single-family dwelling. [Ord. 368 § 2, 2006]
11.40.015 Development impact fees established.
(1) Fees Established. Except as provided in BMC 11.40.010(2), a public facilities development impact fee (the “PFDIF”) is hereby established to be imposed on all new development or development projects for which a development permit is issued on or after the effective date of this chapter. The PFDIF is hereby established for the following categories of public facilities:
(a) Police services and facilities;
(b) Water facilities;
(c) Parks and recreation facilities;
(d) Wastewater facilities;
(e) Electrical facilities;
(f) General government facilities and services;
(g) Fire protection services and facilities;
(h) Storm drainage facilities;
(i) Street facilities.
(2) Public Facilities Development Impact Fee. The public facilities development impact fee is hereinafter referred to as the “PFDIF,” the “impact fees” or the “fees.”
(3) Amendment Procedure. By resolution, the city council may modify or amend the categories of public facilities funded by impact fees, as well as the fees and the specific infrastructure projects identified within each category to maintain compliance with the city’s general plan, zoning code (if developed) or any capital improvement plan(s) or master facilities plan(s) subsequently adopted by the city. The procedures specified in Government Code Section 66000 et seq., or any applicable successor statutes, shall be observed prior to the adoption of such resolution. [Ord. 368 § 2, 2006]
11.40.020 Land use utilized to compute fee.
(1) Classification of Projects. New development or development projects shall be classified into one of the following types of uses, and shall pay the impact fee pursuant to that classification, as determined by the city administrator or his/her duly authorized designee:
(a) Single-family residential;
(b) Multifamily residential;
(c) Commercial;
(d) Industrial.
(2) Designated Authority to Calculate Fees. The impact fees due hereunder shall be determined and calculated by the city administrator or his/her duly authorized designee in accordance with the development impact fee schedule adopted pursuant to BMC 11.40.030.
(3) Calculation – Multiple Uses. If a single project or building contains more than one of the types of specified uses (a mixed use), the impact fee shall be determined by applying to each use type, pro rata, the applicable fee for that individual use. [Ord. 368 § 2, 2006]
11.40.025 Impact fees in addition to other fees and charges.
Payment of the impact fees are in addition to the requirements imposed by other laws, policies or regulations of the city relating to the construction or the financing of public improvements within subdivisions or developments. [Ord. 368 § 2, 2006]
11.40.030 Amount of impact fee.
(1) Manner of Adoption. The specific amount of impact fees created to fund the public facilities specified in BMC 11.40.015(1) shall be initially set forth by a resolution of the city council adopting a development impact fee schedule (the “schedule”). The schedule may be amended annually or from time to time in accordance with the procedures and based upon the findings for such fees set forth in Government Code Section 66000 et seq., or any applicable successor statutes.
(2) Annual Adjustments – Manner of Calculation. On July 1st of each fiscal year, beginning in July 2007, the city administrator, or his/her designee, shall make annual adjustments to the dollar amounts on the schedule. The adjustments shall be based on the net percentage increase for the preceding 12-month period calculated from April 1st to March 31st in the Engineering News Record Construction Cost Index for San Francisco (based on 1913 U.S. average = 100) as published in the Engineering News Record/McGraw Hill Construction Weekly. This adjustment will offset the effects of inflation-related construction cost increases (or any deflation-related decreases). If this index should cease publication, the city administrator shall use any appropriate official index published by the Bureau of Labor Statistics, or successor, or similar agency as may then exist or may then be most nearly equivalent thereto. Land costs may be evaluated annually and adjusted as necessary based on the current market conditions at the time. The director of finance shall present the new schedule for adoption by resolution of the city council after at least one public hearing.
(3) Periodic Review. At least once every five years the city council shall review the basis for the impact fees to determine whether fees are still reasonably related to the needs of new development. [Ord. 368 § 2, 2006]
11.40.035 Purpose and use of impact fees.
(1) Use of Fees Restricted. The impact fees established pursuant to this chapter and collected pursuant to the adopted schedule shall be expended only for the public facilities for which they were imposed, calculated and collected. The impact fees may also be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the city to finance such public facilities.
(2) Other Allowable Uses. The impact fees may also be used to reimburse the city for the costs associated with the administration and implementation of the impact fee program and to make refunds as required by Government Code Section 66001 or any applicable successor statute. [Ord. 368 § 2, 2006]
11.40.040 Imposition and payment of impact fees.
(1) Payment of Fees Required – Condition of Project Approval. Except as otherwise provided by the provisions of this chapter or any amendment or resolution adopted hereunder, the city shall impose the impact fees as a condition of approval of all new development or development projects.
(2) Time of Payment – Nonresidential Projects. In the case of nonresidential new development or development projects, the impact fees shall be paid prior to the issuance of a building permit for construction of any part of the project.
(3) Time of Payment – Residential Projects. Unless earlier payment is permitted pursuant to the provisions of Government Code Section 66007, or any applicable successor statute, the impact fees for residential developments shall be paid on the date of the final inspection or on the date the certificate of occupancy is issued, whichever date occurs first.
(4) Nonpayment – No Certificate of Occupancy. In no event shall a certificate of occupancy be issued for a new development or development project without payment of the impact fees.
(5) Notice of Permit Approval – Statement of Fees Due. Whenever impact fees are imposed pursuant to this chapter, the city shall provide each applicant for a development permit with a notice in writing at the time of the approval of the development permit or at the time of the imposition of the impact fees, a statement of the amount of the fees and notification of the 90-day approval period in which the applicant may protest the fees. Said notice shall be in substantially the following form:
The conditions of project approval for your project, identified as ____________________, include certain fees, dedication requirements, reservation requirements and/or other exactions more specifically described as: _______ (identification of the amount of the Impact Fee and/or description of the dedications, reservations or other exactions) ______. The applicant is hereby notified that the 90-day protest period to challenge such items has begun as of the date of the project approval or the date of the Impact Fee imposition, which was _________. If the applicant fails to file a protest regarding any of the fees, dedications, reservations or other exaction requirements as specified in Government Code Section 66020, the applicant shall be legally barred from later challenges.
[Ord. 368 § 2, 2006]
11.40.045 Disposition of impact fees.
(1) Public Facilities Development Impact Fee Fund – Established. To avoid commingling of the PFDIF with other revenues and funds of the city, the city shall deposit any PFDIF collected pursuant to BMC 11.40.015(1) in a separate public facilities development impact fee fund (the “PFDIF fund”), which shall consist of individual accounts for each category of public facilities specified in that subsection, as such subsection may be amended from time to time. The PFDIF fund shall be interest-bearing and the accumulated interest shall become a part of the fund and shall be allocated amongst the individual accounts therein.
(2) PFDIF Funds – Use Restricted. The PFDIF funds shall be used only to:
(a) Fund the capital costs for the public facilities adopted by resolution of the city council pursuant to BMC 11.40.015(1). The costs of public facilities shall include acquisitions of property and property rights, costs of construction, including costs associated with planning, administration and design, as well as actual building or installation, or any other costs associated with the public facilities.
(b) Reimburse the city to offset administrative costs associated with administering and updating the impact fee program.
(c) Make refunds if and when required by the applicable sections of Government Code Section 66000 et seq., or any applicable successor statutes. [Ord. 368 § 2, 2006]
11.40.050 Reporting requirements for funds.
The finance director or his/her designee shall comply with the public reporting requirements for the funds and accounts therein within 180 days of the end of each fiscal year as specified in Government Code Section 66006(b) (to the funds so applicable), or any applicable successor statute. The finance director or his/her designee shall also present the public reports to the city council for review at the first regular council meeting that occurs not more than 15 days after the reports are made available to the public as specified in Government Code Section 66006(b) (to the funds so applicable), or any applicable successor statute. [Ord. 368 § 2, 2006]
11.40.055 Findings requirements for funds – Refunds.
For the fifth fiscal year following the first deposit into any PFDIF fund, and every five years thereafter, the city shall make the findings required by Government Code Section 66001(d), or any applicable successor statute, with respect to any moneys remaining unexpended in the funds and the accounts therein. The city shall also comply with the notice and refund provisions of Government Code Sections 66001(e) and (f), or any applicable successor statutes. [Ord. 368 § 2, 2006]
11.40.060 Protest.
Any person subject to the fee established by this chapter may protest the imposition of same by complying with the protest provisions in the Mitigation Fee Act (Government Code Section 66000 et seq.) in effect at the time of the protest. [Ord. 368 § 2, 2006]
11.40.065 Compliance – Enforcement.
(1) Payment of Fees – Required. No person shall fail to pay, when due, any impact fees imposed pursuant to this chapter.
(2) Fees a Debt to City. The impact fees due pursuant to this chapter shall constitute a debt to the city. An action for the collection thereof may be commenced in the name of the city in any court having jurisdiction of the cause; however, nothing in this section shall prevent a criminal prosecution for any violation of this chapter.
(3) Failure to Comply a Misdemeanor. It shall be a misdemeanor to engage in any construction activity without first obtaining the required development permit and complying with all other applicable provisions of this chapter. [Ord. 368 § 2, 2006]