§ 1360-070. FEE DETERMINATION

(a)

The amount of the development impact fee shall be determined by the uses on the property.

(b)

Any fee that is paid to the County for park acquisition and development pursuant to Section 1400-731 of the Sutter County Ordinance Code shall be credited against the total development impact fee due from the development, as determined by the Development Services Department Director or his or her designee.

(c)

If there is a land use change that would alter the amount of the development impact fee due for the development or require the payment of a new or additional development impact fee, any previously paid development impact fee shall be credited against the new total fee due, as determined by the Development Services Department Director; however, in no event shall the County refund fees previously paid because of a change in land use.

(d)

If there is a land use change that would alter the amount of the development impact fee due for the development or require the payment of a new or additional development impact fee, where development existed prior to adoption of a development impact fee ordinance or creation of a community facilities district, special assessment district or other financing mechanism, that portion of the development impact fee attributable to the development existing prior to adoption of the impact fee ordinance or creation of the special funding mechanism shall be deducted from the total amount of the fee due from the development as determined by the Development Services Department Director.

(e)

If a community facilities district, special assessment district, or other financing mechanism is formed to finance some or all of the projects included within the development impact fee, that portion of the development impact fee attributable to the project or projects financed through such other financing mechanisms shall be deducted from the total amount of the fee due from the development as determined by the Development Services Department Director.

(f)

In accordance with Government Code Section 66011 no development impact fee shall be due for the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed as a result of a natural disaster, as declared by the Governor.

(g)

The development impact fee for a proposed development for an industrial use may be reduced or eliminated by the Board of Supervisors if the Board of Supervisors finds that the proposed development will result in substantial community benefits such as increased job opportunities and tax base and other community benefits which offset the adverse impacts caused by the proposed development.

([1070, 1248] Ord. 1544, Sec. 1, Dec. 28, 2010; Ord. 1584, Sec. 3, May 28, 2013)