Section
10-8.01 Authority
10-8.02 Intent and purpose
10-8.03 Application
10-8.04 Definitions
10-8.05 Capital facilities fee requirement
10-8.06 When applicable
10-8.07 Exemptions
10-8.08 Time of payment
10-8.09 Notice of fee
10-8.10 Capital facilities fee accounts
10-8.11 Use of capital facilities fee
10-8.12 Reimbursement
10-8.13 Fee credit
10-8.14 Annual review
10-8.15 Termination of capital facilities fee
10-8.16 Relationship of capital facilities fee to certain other fees
10-8.17 Fee adjustment, waiver or finding of exemption
10-8.18 Developer's acknowledgment of fee adjustment, waiver, or exemption
10-8.19 Appeal procedure
10-8.20 Payment under protest
10-8.21 Refund of capital facilities fee
This chapter applies to development impact fees charged as a condition of development to defray the cost of public facilities, improvements and amenities. The cost of developing and administering the city's development impact fee program may be included as a component of the established fees. This chapter is not intended to and does not apply to regulatory and processing fees; fees required under a development agreement; special development impact fees adopted in conjunction with specific plans; funds collected under a reimbursement agreement; or assessment district proceedings, assessments or taxes.
(Ord. 754 C.S., passed 6-18-03)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAPITAL FACILITIES FEE OR CFF. The fee established pursuant to this chapter.
CAPITAL FACILITY OR CAPITAL IMPROVEMENT. Public facilities as defined in subsection (d) of § 66000 of the Government Code, including, but not limited to, improvements for transportation and transit facilities, parks and recreation facilities, public safety facilities, sewer, water, storm drainage and such other facilities as may be identified in the Master Facility Plans or in the Technical Report.
CITY. The city including its future boundaries.
COMMERCIAL DEVELOPMENT OR COMMERCIAL. Retail, office, and hotel buildings.
DEVELOPER. The person(s) or legal entity(ies), who also may be the property owner, who is developing a particular project in the city.
DIRECTOR OR COMMUNITY DEVELOPMENT DIRECTOR. The Director of the Department of Community Development of the city or his or her designee.
INDUSTRIAL DEVELOPMENT. Warehouse, industrial, manufacturing and research and development (R&D) buildings.
MULTI-FAMILY DWELLING. Any building or portion thereof which is occupied, or intended for occupancy, as the same residence of two or more families living independently of each other and doing their own cooking in such building, including, but not limited to, duplexes, triplexes, fourplexes, apartments, flats, condominiums and townhouses. MULTI-FAMILY DWELLING also includes secondary dwelling units constructed within the R 6000, single-family residential district.
SINGLE-FAMILY DWELLING. An attached or detached single-family residential dwelling occupied or intended for occupancy by one household.
TECHNICAL REPORT. The report dated April 2003, entitled "Madera Impact Fee Update," prepared by Economic and Planning Systems, and any future Council approved amendments to it.
(Ord. 754 C.S., passed 6-18-03)
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