§ 1400-731. PARK ACQUISITION AND DEVELOPMENT FEES

(a)

Fee Imposed. The Board of Supervisors of the County of Sutter has determined, given the extent of developed recreational facilities in this county and the need for the same as well as the rate of fee collection established by this section that the fees to be paid hereunder bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivisions affected by these provisions. A residential development fee is hereby imposed on the privilege of constructing in the County of Sutter any mobile home lot or residential dwelling unit, and every person to whom a permit to construct any residential dwelling unit in the County of Sutter is issued, and every person to whom a permit to construct and install electrical and plumbing equipment to service a mobile home lot in the County of Sutter is issued, shall pay to the County of Sutter such fee.

(b)

Fee Schedule. A schedule of fees shall be establish by resolution of the Board of Supervisors.

(c)

Payment of Fees. The residential development fee herein required to be paid shall be due and payable at the time a building permit is issued to construct the same, and the amount of fee imposed for the construction of any mobile home lot shall be due and payable at the time a building permit or other appropriate permit is issued to build the same.

(d)

Refunds. Any fee paid to the County under this Section for any residential dwelling unit or mobile home lot which is not constructed shall be refunded upon application of the applicant and a showing to the satisfaction of the Building Official that the building or unit has not been constructed or construction commenced and that the building permit issued for the building or unit has been canceled or surrendered or otherwise does not authorize the construction of the building or unit.

(e)

Place of Payment. The residential development fee shall be paid to the County Building Official or his authorized agent.

(f)

Exemptions. The fee imposed under this Section shall not apply to the following:

(1)

Construction or reconstruction of a residential dwelling unit which was damaged or destroyed by earthquake, fire, flood or other cause over which the owner had no control (provided that compliance with any building code or other ordinance requirement of the County of Sutter or of any other applicable law shall not be deemed a cause over which the owner has no control), but only if the number of bedrooms in the dwelling unit is not increased. If such number is increased, then the fee imposed under this ordinance shall apply to increased number of bedrooms.

(2)

Enlargement, expansion, remodeling and/or alteration of a residential dwelling unit but only if the number of bedrooms therein is not increased. If the number of bedrooms in the residential dwelling unit is increased, then the fee imposed under this ordinance shall apply to such increased number of bedrooms.

(g)

Use of Fee for Acquisition, Improvement and Expansion of Public Park, Playground and Recreational Facilities. All of the residential development fees collected pursuant to the provisions of this Section shall be placed in a special account which is hereby created and established for such purpose.

Fees collected pursuant to this Section shall be used and expended solely for the development, improvement and/or expansion of existing public park, playground and recreational facilities; and for the development of any new above-described facilities constructed or installed within or upon public property owned by the County of Sutter or property in which County has a leasehold interest or where County is given a right to use the same for public playground or recreational purposes; and for the acquisition of properties for the above stated purposes within the unincorporated areas of Sutter County.

(h)

Relationship to County Impact Fee. Any residence located within the Yuba City Urban Area as defined by Chapter 1360 of the Sutter County Ordinance Code for which a park development or improvement impact fee is paid or was previously paid under Chapter 1360 or previous Chapter 1370 of the Sutter County Ordinance Code shall be exempt from paying Park Acquisition and Development fees as required under this Section.