Chapter 3.9
ALTERNATE DEVELOPMENT FEE PAYMENT SCHEDULE FOR
DEVELOPED PROPERTY*
Sections:
3.9.05 Fees for bonded indebtedness.
3.9.06 Limitations on terms of installment payment agreements.
* Code reviser’s note: Ordinance 07-20 adds the provisions of this chapter as Chapter 3.8. The provisions have been editorially renumbered to prevent duplication of numbering.
3.9.01 Title.
This chapter shall be known as the Alternate Development Fee Payment Schedule for Developed Property. Although this chapter regulates the payment of fees that may be prescribed by the zoning ordinance of the City of Clovis, it shall not be deemed a part thereof. (§ 1, Ord. 07-20, eff. July 4, 2007)
3.9.02 Purpose.
The development of real property within the City creates demands on existing municipal facilities, improvements, and services. Various development fees and charges are imposed upon new development in order to mitigate such demands. When the new development consists of an expansion on an already developed parcel under long-term ownership, the payment of development fees and charges in a lump sum may create a hardship for the property owners. The purpose of this chapter is to set forth the circumstances under which the payment of development fees and charges may be by means of installment payments. (§ 1, Ord. 07-20, eff. July 4, 2007)
3.9.03 Applicability.
The provisions of this chapter shall apply to installment payment agreements for the payment of park acquisition and development fees pursuant to Section 3.4.06, garbage and rubbish capital outlay charges pursuant to Section 6.3.20, sewer facility charges pursuant to Section 6.4.03.2, water facility fees pursuant to Section 6.5.205, utility under-grounding fees pursuant to Section 7.5.12, and major street development fees pursuant to Section 7.7.10. (§ 1, Ord. 07-20, eff. July 4, 2007)
3.9.04 Developed property.
For purposes of the installment payment agreements referenced in Section 3.9.03, the term “developed property” means:
(a) A legally subdivided parcel of which seventy percent (70%) of the gross parcel acreage is improved with permanent buildings, fixtures, associated paved parking, and permanent irrigated landscaping. Permanent irrigated landscaping does not include playfields, ball fields, unimproved parking, pasture, agricultural plantings, or bare land.
(b) The improvements referenced in subsection (a) of this section have been completed and in continuous existence for a period not less than ten (10) years.
(c) At least fifty percent (50%) of the improvements referenced in subsection (a) of this section, as measured by lot area, will remain after the new development is completed.
(d) The owner or owners of record of the parcel have held fee title for a continuous period of not less than ten (10) years. (§ 1, Ord. 07-20, eff. July 4, 2007)
3.9.05 Fees for bonded indebtedness.
Notwithstanding anything to the contrary elsewhere in the Clovis Municipal Code, none of the capital facility fees referenced in Section 3.9.03 which are used to make debt service payments on bonded City indebtedness may be the subject of an installment payment agreement. (§ 1, Ord. 07-20, eff. July 4, 2007)
3.9.06 Limitations on terms of installment payment agreements.
Any installment payment agreement referenced in Section 3.9.03 shall not exceed a sum of money in excess of seventy-five thousand dollars ($75,000), and shall not exceed a term of sixty (60) months. (§ 1, Ord. 07-20, eff. July 4, 2007)