Chapter 3.40
FACILITIES AUGMENTATION FEE—FOLSOM SOUTH AREA FACILITIES PLAN
Sections:
3.40.030 Folsom south area facilities augmentation fee.
3.40.040 When fee due and payable.
3.40.050 Facilities augmentation funds and accounts.
3.40.060 Restriction on use of fund and accounts.
3.40.070 Credits against facilities augmentation fee.
3.40.080 Credit against other city fees.
3.40.010 Purpose and intent.
For the purpose of implementing the Folsom south area facilities plan of the public facilities element of the general plan of the city, a facilities augmentation fee and a facilities augmentation fund are established. The fee and fund are intended to augment existing city fees and thereby provide the necessary means for financing the construction of the facilities identified in the Folsom south area facilities plan. (Ord. 514 § 1 (part), 1983)
3.40.020 Definitions.
A. “Folsom south area” means that certain real property delineated and described in Resolution No. 1624 adopted by the Folsom city council on August 15, 1983.
B. “General facilities” means those water delivery, sewer, roadway and drainage improvements identified in the Folsom south area facilities plan as prerequisites for development in the Folsom south area.
C. “Critical facilities” means the following facilities which are identified in the Folsom south area facilities plan: the improvements to the treatment and water storage facilities, the upgrading of the sewer pump station facilities and the provision of an additional sewage outflow main. (Ord. 514 § 1 (part), 1983)
3.40.030 Folsom south area facilities augmentation fee.
A facilities augmentation fee (FAF) is established for the purpose of funding the construction of both general and critical facilities. The fee shall be imposed upon each parcel of real property within said area as set forth in Exhibit A, attached to the ordinance codified in this chapter and by reference made a part hereof. Exhibit B, attached to the ordinance codified in this chapter and by this reference incorporated herein, sets forth the portion of the FAF for each parcel which is to be imposed to pay for the construction of the General Facilities. Exhibit C, attached to the ordinance codified in this chapter and by this reference incorporated herein, sets forth the portion of the FAF for each parcel which is to be imposed to pay for the construction of the critical facilities and includes the city administration charge of one and one-half percent. Exhibit D attached to the ordinance codified in this chapter and by reference incorporated herein, sets forth each parcel of real property within the Folsom south area upon which the FAF is to be imposed. Exhibits A, B, and C shall be revised annually, to be effective on January 1st of each year commencing January 1, 1984, to assure that the estimated cost of constructing the identified facilities corresponds with current construction costs. In making the annual mandated revisions of the facilities augmentation fee, the city may rely upon a recognized construction cost index such as Engineering News Record. Said annual revisions shall be adopted by ordinance. (Ord. 514 § 1 (part), 1983)
3.40.040 When fee due and payable.
A. That portion of the fee for the construction of critical facilities (Exhibit C) is due and payable at the time of recordation of any final subdivision or parcel map covering property within the Folsom south area, provided as to any property for which no map is required or which on the effective date of the ordinance codified in this chapter is covered by a recorded final subdivision or parcel map, the portion of the fee shall be due at the time of the issuance of a building permit. The portion of the fee for the construction of general facilities (Exhibit B) is due and payable at the time of the issuance of a building permit. In the event the fee (either critical or general) is due and payable at the time of the building permit issuance, the amount to be paid shall be the portion of the fee for the entire parcel of property upon which the building is to be constructed, irrespective of the portion of the parcel actually utilized.
B. If any parcel shown on Exhibits A and B is divided, by either subdivision or parcel map, subsequent to the effective date of the ordinance codified in this chapter, the general facilities fee for each parcel so created shall be that percentage of the total fee which corresponds to the amount of acreage in each created parcel as compared to the total acreage of the entire parcel before division as such parcel existed on the effective date of the ordinance codified in this chapter. (Ord. 514 § 1 (part), 1983)
3.40.050 Facilities augmentation funds and accounts.
There is established a Folsom south facilities augmentation fund (herein facilities augmentation fund), with a general facilities account and a critical facilities account. All facilities augmentation fees shall be deposited into this fund. The portion of each FAF which is collected to finance the construction of general facilities shall be credited to the general facilities account. The critical facilities portion of the FAF shall be credited to the critical facilities account. (Ord. 514 § 1 (part), 1983)
3.40.060 Restriction on use of fund and accounts.
The facilities augmentation fund shall be expended only to pay for the construction of the facilities identified in the Folsom south area facilities plan, the city administration charge of one and one-half percent established under said plan, or to pay the reimbursements provided for herein, and each of the two accounts into which the FAF is to be credited shall be available to fund only those improvements for which funds were credited into it. (Ord. 514 § 1 (part), 1983)
3.40.070 Credits against facilities augmentation fee.
A property owner/developer shall be entitled to credits against the FAF as follows:
A. A property owner/developer who has installed and paid for, or subjected its property to assessment liens to cover the cost of installing general facilities identified in the Folsom south area facilities plan shall receive a credit against that portion of the FAF attributable to general facilities to the extent of the estimated cost of the general facilities installed as shown on Exhibit B or any amendment thereof. In the event the allowable credit exceeds the portion of the FAF attributable to general facilities, the difference shall be reimbursed to the property owner/developer or its assigns as provided in Section 3.40.090. In no event shall a credit be allowed against the portion of the FAF attributable to critical facilities.
B. A property owner/developer who has installed and paid for, or subjected its property to assessment liens to cover the cost of installing, critical facilities identified in the Folsom south area facilities plan shall receive a credit against that portion of the FAF attributable to critical facilities to the extent of the estimated cost of critical facilities installed as shown on Exhibit C or any amendment thereof. In the event the allowable credit exceeds the portion of the FAF attributable to critical facilities, the overage may, in the discretion of the city council, be credited against that portion of the FAF attributable to general facilities, otherwise the amount shall be reimbursed to the property owner/developer from the critical facilities account as provided in Section 3.40.090. (Ord. 514 § 1 (part), 1983)
3.40.080 Credit against other city fees.
Facilities augmentation fees paid shall be credited against the following other city charges in the proportions shown below:
A. One hundred percent of the roadway portion of the FAF for General Facilities as shown on Exhibit B, shall be allowed as a credit against the City Major Road Fee.
B. One hundred percent of the sewer portion of the FAF for both general and critical facilities as shown on Exhibits B and C shall be allowed as a credit against fifty percent of the city sewer connection charge, except for that portion of said charge payable to Sacramento Regional County Sanitation District.
C. One hundred percent of the water portion of FAF for both general and critical facilities as shown on Exhibits B and C shall be allowed as a credit against the capital facilities portion of the city water connection charge.
In the event that the city shall hereafter impose fees or charges for other facilities which are similar to the facilities identified in the Folsom south area facilities plan, a credit shall also be allowed against such fees or charges as determined by the city council.
The precise amount of credit to be given shall be computed at the time the FAF becomes due and payable. In the event the entire FAF is not due and payable at one time, the total amount of credit shall be computed at the time each component of the fee is due and payable and said components shall be combined to determine the precise amount of the credit due.
The amount of the credit due shall be subtracted from the amount of the city fees and charges against which credit is to be given at the time those fees and charges become due and payable. In the event the credit is less than the total amount of such other fees and charges, the property owner/developer shall be responsible for the difference. No portion of the FAF shall be allowed as a credit against the city park, drainage, or capital improvement fees or other charges which hereafter may be imposed. (Ord. 514 § 1 (part), 1983)
3.40.090 Reimbursement.
A reimbursement agreement shall be entered into between the city and each property owner/developer who is entitled to reimbursement under Section 3.40.070. Said reimbursement agreement shall provide for the following:
1. Establish the amount which the property owner/developer is entitled to receive and the account(s) (general facilities, critical facilities or both) from which such reimbursement is to be made;
2. Provide that reimbursement from the general facilities account shall be made by the city solely from general facilities fees collected by it. Payments to the property owner/developer shall be made at periodic intervals selected by the city, but not less frequently than annually. Reimbursement of a property owner/developer from the general facilities account shall have priority over the use of general facilities fees for the construction of general facilities and so long as any property owner/developer remains unpaid, no funds from the general facilities account will be expended for any other purpose. In the event that more than one property owner/developer is entitled to reimbursement from the general facilities account, reimbursement shall be made on a “first come-first served” basis; that is to say, that the property owner/developer who in point of time is the earliest to establish its right to reimbursement shall be entitled to be reimbursed in full before funds are paid to any other property owner/developer. For the purpose of this section, the right to reimbursement shall be deemed established as of the date of the execution of the reimbursement agreement;
3. Provide that reimbursement from the critical facilities account shall be made by the city solely from critical facilities fees collected by it, after deducting therefrom the portion of the fee representing the city administration charge of one and one-half percent. No property owner/developer shall be entitled to be reimbursed from the critical facilities account until such time as all critical facilities called for under the Folsom south area facilities plan have been accepted by the city as complete and paid for or until funds credited to the critical facilities account are sufficient to pay the estimated cost of all uncompleted critical facilities identified in the Folsom south area facilities plan, whichever is first to occur. Once the above requirement has been satisfied, payments to the property owner/developer shall commence. Payments to the property owner/developer shall be made at periodic intervals selected by the city, but not less frequently than annually. Reimbursement of property owner/developers from the critical facilities account shall be made on a “first come—first served” basis; that is to say, that the property owner/developer who in point of time is the earliest to establish its right to reimbursement shall be entitled to be reimbursed in full before funds are paid to any other property owner/developer. For the purposes of this section, the right to reimbursement shall be deemed established as of the date of the execution of the reimbursement agreement;
4. That no interest shall be paid upon the amount which the property owner/developer is entitled to receive;
5. Limit the duration of the city’s responsibility to make reimbursements to the period ending December 31, 2013. (Ord. 514 § 1 (part), 1983)