Chapter 11.46
SUTTER BUTTE BASIN REGIONAL LEVEE IMPROVEMENT PROGRAM DEVELOPMENT IMPACT FEE
Sections:
11.46.030 Exemptions and exclusions.
11.46.040 Fee revenue accounting.
11.46.005 Title.
This chapter shall be known as the “Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee” (regional LDIF) regulation of the city of Biggs. The city of Biggs hereinafter shall be called “city.” This chapter shall be applicable in the incorporated territory of the city. [Ord. 432 § 3 (Exh. A), 2023]
11.46.010 Operative date.
“Operative date” of this chapter begins on the sixtieth day following the adoption of the ordinance codified in this chapter and continues for 30 years thereafter, at which time, unless operative date is amended prior to that date, the collection of the impact fee pursuant to this chapter shall cease. [Ord. 432 § 3 (Exh. A), 2023]
11.46.015 Purpose.
This chapter is adopted to impose a levee improvement development impact fee (levee fee) to ensure that new development within the Sutter Butte Basin portion of the city of Biggs pays its proportionate share of the levee improvement costs needed to provide 200-year level of protection to the urban (northern) portion of the Sutter Butte Basin and 100-year level of protection to the rural (southern) portion of the basin. This levee fee, in combination with other sources of funding described within the Regional LDIF Nexus Study dated December 14, 2022 (nexus study), will fund the project to provide flood protection to the Sutter Butte Basin as detailed in the nexus study. [Ord. 432 § 3 (Exh. A), 2023]
11.46.020 Fee rate.
The regional LDIF for the Sutter Butte Basin levee system, based on the acreage of a project, is detailed within the nexus study. [Ord. 432 § 3 (Exh. A), 2023]
11.46.025 Number of units.
(1) For New Development of Vacant Land. In the case where a new development is being constructed on vacant land or land that has not previously been developed:
(a) Residential Land Uses. For all residential land uses, a unit is a single dwelling unit (i.e., a single-family residence is one unit; a duplex is two units; a six-apartment complex is six units).
(b) Nonresidential Land Uses. For nonresidential land uses, a unit is 1,000 square feet of building space and is calculated by dividing the square footage by 1,000.
(2) For Development of Land With Existing or Preexisting Structures or Replacement Structures.
(a) Residential Land Uses.
(i) For a residential expansion project of 500 square feet or more, the incremental new square footage will be charged the fee on a proportionate basis.
(ii) For residential replacement projects, if the project involves development of a new residential structure after the demolition of a preexisting structure (regardless of the use of the preexisting structure), and the new structure is larger than the demolished structure by 500 square feet or more, only the incremental new square footage will be charged the fee on a proportionate basis.
(iii) For residential expansion or replacement projects of less than 500 new square feet, no fee will be due.
(iv) For purposes of fee calculation on a proportional basis, a residential unit will be considered 2,000 square feet. Therefore, to calculate the fee for a residential expansion or replacement of 500 square feet or more, the units will be calculated by dividing the new square footage by 2,000. For example, an expansion of 500 square feet would be charged the rate for one-quarter of a unit.
(3) Nonresidential Land Uses.
(a) For nonresidential expansion projects more than 500 new building square feet, the additional square footage will be converted to units the same as for new construction by dividing the additional square footage by 1,000.
(b) For nonresidential replacement projects, if the project involves development of a new nonresidential structure after the demolition of a preexisting structure (regardless of the use of the preexisting structure) and the new structure is larger than the demolished structure by 500 square feet or more, the additional square footage will be converted to units the same as for new construction by dividing the additional square footage by 1,000.
(c) For nonresidential expansion or replacement projects of less than 500 new building square feet, no fee will be due. [Ord. 432 § 3 (Exh. A), 2023]
11.46.030 Exemptions and exclusions.
The following land uses and/or development projects are exempt from the regional levee fee:
(1) Agricultural. Development projects on agricultural land including development of rural residential parcels greater than five acres in size.
(2) Additions to Preexisting Structures. Development projects that require a building permit and are not increasing the amount of new structure square footage are exempt from the fee if the project involves adding less than 500 new square feet. If the project increases the structure by 500 square feet or more, only the incremental new square footage will be charged the fee on a proportionate basis.
(3) Replacement Due to Damage (With or Without Addition). If the proposed project is an in-kind replacement of a previously existing structure because of fire damage or other natural disaster, the project will be exempt from the fee so long as the replacement does not increase the amount of new structure by more than 300 square feet. If the project increases the structure by more than 300 square feet, the incremental new square footage will be charged the fee on a proportionate basis.
(4) Structures Raised Above the 200-Year Floodplain Elevation. Development projects with structures raised above the elevation of the 200-year flood as determined by the land use agencies or structures removed from the 200-year floodplain by flood control improvements that meet the design standards applicable to the federal-state flood control system as determined by the land use agencies shall be exempt from the fee. The “200-year flood” and “200-year floodplain” are determined without incorporating SBFCA’s completed Feather River west levee improvements.
(5) Open Space. Any development project that takes place on open space land.
(6) Public Agency Owned Land (Including Federal, State, and Local Agencies). Any development project located on land owned by a government agency and is to be used solely for public use. [Ord. 432 § 3 (Exh. A), 2023]
11.46.035 Severability.
If any provision of this chapter or the application thereof to any entity or circumstance is held invalid, the remainder of this chapter and the application of such provision to other entities or circumstances shall not be affected thereby. [Ord. 432 § 3 (Exh. A), 2023]
11.46.040 Fee revenue accounting.
All proceeds of the levee fee imposed under this chapter shall be placed in a separate fund established by the city (the flood protection improvement fund). Separate and special accounts may be established in the flood protection improvement fund and used to account for collected revenues, along with any interest earnings. Except for temporary borrowing from one city fund to another, the revenue (and interest) shall be used only for the purposes for which the flood protection improvement fund was collected. [Ord. 432 § 3 (Exh. A), 2023]