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HomeMy WebLinkAbout3120,. .,~.. 1 Ordinance No. 3120 2 3 ORDINANCE AMENDING SECTIONS 3-41, 3-42, 3-43 AND 3-44 OF THE BUTTE COUNTY CODE REGARDING CERTAIN FEES CHARGEABLE BY THE 4 BUILDING, LAND DEVELOPMENT AND PLANNING DIVISIONS OF THE DEVELOPMENT SERVICES DEPARTMENT FOR PROCESSING APPLICATIONS 5 FOR LAND USE ENTITLEMENTS 6 The Berard of Supervisors of the County of Butte ordains as 7 follows; 8 Section 1. Subsection 10 of Section 4-41, entitled "Building 9 Division Fee Schedule", of the Butte County Code, is amended to 10 read as follows: 11 "10. Penalty Fees. 12 When any work for which a permit is required by the 13 Butte County Code is commenced prior to obtaining said permit, 14 the permit fees specified in this Article IV shall be tripled. 15 The payment of such triple fee shall not relieve any person 16 from fully complying with the requirements of the Butte County i7 Cade in the execution of the work, nor from other penalties 18 prescribed therein. The Building Official may waive this 19 penalty provision on written request by the 20 applicant/permittee showing that circumstances beyond the 21 control of the applicant/permittee have prevented him/her from 22 obtaining said permit. This penalty provision shall not apply 23 to emergency work when it shall be proved to the satisfaction 24 of the Building Official that such work was urgently necessary 25 and that is was not practical to obtain a permit therefor 26 before the commencement of work. In all such cases, a permit 27 28 1 1 must be obtained as soon as it is practical to do so, and if 2 there be an unreasonable delay in obtaining such a permit, a 3 triple fee as herein provided shall be charged." 4 Section 2. Section 3-42 of the Butte County Code is amended to 5 read as follows: 6 '}Section 3-42. Land Development Division Fee Schedule. 7 Filing Fees: 8 Subdivision Map: (1-49 lots) $400.00 + $5.00 per lot 9 Subdivision Map: (50+ lots), Actual time billing/$650.00 10 deposit. 11 Parcel Map: $400.00 + $20.00 per lot 12 Revised Map: $380.00 13 Preliminary Subdivision: $410.00 14 Boundary Line Modification: $150.00 15 App. for Determination/Cert. of Compliance; $450.00 16 Waiver Application: $460.00 17 Reversion to Acreage: $440.00 18 App. for Cert. of Merger: $280.00 + $20.00 per resulting 1g lot. 20 Miscellaneous Fees: 21 Extension of Time for filing of Final Map: $280.00 22 Research Letter: $75.00/1 hour with $75.00 minimum fee, 23 Flood & Drainage Letters/Public Report Soil Letters: 24 $170.00 25 Notice to Tenants - Condo. Conversions: $20.00 per 26 notice. 27 Appeals: Actual time billing/$250.00 deposit 28 2 ~. Road Bonding Charge; $100.00 2 Checking Fees• 3 Final Subdivision Map: $490.00 + $15.Q0 per lot 4 Final Parcel Map: $490.00 + $20.00 per lot 5 Record of Survey: Actual time billing/$300.00 deposit 6 Boundary Line Modification by Map, Deed or Plat: $450.00 7 Waiver Applications by Deeds: $450.00 8 Private Road Inspection: $350.40 g Subdivision & Site Improvement Construction Plan 10 Checking: 11 1 1/2% of estimated construction cost, $150.00 min 12 Subdivision & Site Improvement Construction Inspection: 13 Actual time billing/initial deposit of 3% of 14 estimated construction cost. 15 Assessment District Construction Plan Checking: 16 1 1/2% of estimated construction cost, $150.00 min 17 Assessment District Construction Inspection: lg 6% of estimated construction cast 19 Checking Temporary Leach Trench for Storm Drainage: 20 $105.00 21 REVIEWING FEES: 22 Use Permit: $150.04 23 Administrative Use Permit:. $150.00 24 Variance: $150.00 25 Administrative Variance: $150.00 26 Rezone: $150.00 27 Planned Unit Development: $325.00" 28 3 1 Section 3. Section 3-43 of the Butte County Code is amended to 2 read as follows: 3 "Section 3-43. Planning Division Fee Schedule. 4 Appeals: Actual time billing/$250.00 deposit 5 Boundary Line Modification: $330.00 6 Determinations: $330.00 7 Development Agreement. Actual time billing/$2,200 g deposit 9 General Plan Amendment: Actual time billing/$2000.00 10 deposit 11 Mining & Reclamation: Actual time billing/$1,500.40 12 deposit 13 Parcel Map: Actual time billing/$1,000.00 deposit 14 Certificate of Merger: $110.00 15 Rezone: Actual time billing/$2,000.00 deposit 16 Planned Unit Development: Actual time billing/$2,000.00 17 deposit 18 Specific Plan: Actual time billing/$2,000.00 deposit 19 Subdivision Map: Actual time billing/$1,000.00 deposit 20 Use Permit: Actual time billing/$1,000.00 deposit 21 Use Permit, Administrative: $322.00 22 Variance: $1,100.00 23 Variance, Administrative: $580.00 24 Waiver: Actual time billing/$1,000.00 deposit 25 Right-of-Way Abandonment; $212,00 26 Predevelopment Conference: $250.00 per meeting 27 Re-Application Within One Year: $150.00 28 4 1 Second Unit ("Aunt Minnie") Renewal: $50.00 2 Conformance Report: $50.OQ 3 Temporary Trailer: $50.00 4 Land Conservation Agreement/Inclusion: $25 0.D0 5 Land Conservation Agreement/Withdrawal: Actual time 6 billing/$1,000.00 deposit. 7 Counter/Telephone Research Fee & Written Response: g $59.00/Hourly with $30.00 minimum fee. 9 Long Range Planning: -0- 10 Airport Land Use Commission: -0- 11 County Initiated and Special Project: -0- 12 County Initiated Code or Zoning Amendment: -0-" 13 Section 4. Section 3-44 of the Butte County Code is amended to 14 read as follows: 15 "Section 3-44. Hourly Fees/Deposits/Billing Procedures 16 1. Hourly fees for the Department of Development 1'7 Services are set as follows: 18 Building D_ivisivn 19 Building Inspector/Plan Checker $46.00/hr. 2p Planning Division 21 Planner $59.00/hr. 22 Administrative Services Assistant $45.00/hr. 23 Office Assistant $34.00/hr. 24 Land Development Division 25 Civil Engineer Supervisor $75.00/hr. 26 Associate Civil Engineer $60.00/hr. 27 Assistant Civil Engineer $55.00/hr. 28 5 1 2. The applicant shall deposit with Butte County the 2 sum set forth herein far each application up to a 3 maximum of $3,400.44 for concurrent applications, 4 with the exception of subdivision and site 5 improvement at construction inspection, which 6 requires a 3% deposit of estimated construction 7 costs. 8 3. When the initial deposited funds are depleted to an 9 amount equal to 25% of the original deposit, no 10 additional processing of the application will occur 11 until the applicant deposits with Butte County 12 sufficient funds to restore a balance equal to the 13 amount of the initial deposit, unless a lesser 14 amount is approved by the Director of Development 15 Services or his designee, or except far additional 16 deposits for Subdivision and Site Improvement 17 Inspections which shall be 1/3 of the original 18 deposit. In the event the applicant does not 19 provide sufficient funds to continue processing an 20 application, the application will be denied. 21 4. Funds shall be maintained in a separate budget 22 control account. 23 5. After final action of the appropriate legislative 24 body, any funds remaining in the account shall be 25 returned to the applicant. 26 6. Applicant will be notified to deposit the estimated 27 publication costs of zoning ordinances or 28 6 1 development agreements. If the actual costs for 2 County employees' time and publishing are less than 3 the amount deposited, the remaining amount of the 4 money shall. be returned. If the casts are greater 5 than the estimate, the applicant shall pay the 6 additional amount. In the event that payment is 7 not received for the additional amounts within 30 8 days notice by the Clerk of the Board, by 9 registered mail, the Clerk of the Board will 10 immediately notify the Central Collections." 11 Section 5. Authority. This ordinance is enacted pursuant to 12 Government Code Section 66017(a), Article I, Section 1 of the Butte 13 County Charter, and Article XI, Section 7 of the California 14 Constitution. 15 Section 6. Findin s. The Board of Supervisors hereby finds that 16 the fees as amended by this ordinance do not exceed the estimated 17 reasonable cost of providing the service for which each such fee is 18 to be charged. 19 Section 7. Effective Date of Amended Fees. 20 The fees as amended hereby shall be effective 60 days after the 21 date of enactment of this ordinance. 22 Section 8. Severabilit . 23 Tf any part of this ordinance shall be held void by a court of 24 competent jurisdiction, such part shall be deemed severable, and 25 the invalidity thereof shall not affect the remaining parts of this 26 ordinance. 27 Section 9. Effective Date of Ordinance• Publication. This 28 7 1 Ordinance shall be and it is hereby declared to be in full force 2 and effect fro~[t and after thirty ( 30 ) days after the date of its 3 passage, and before the expiration of fifteen (15) days after its 4 passage, this Ordinance shall be published once with the names of 5 the members of the Board of Supervisors voting for and against it 6 in the Chico Enterprise Record a newspaper published in 7 the County of Butte, State of California. $ PASSED AND ADOPTED by the Board of Supervisors of the County 9 of Butte, State of California, on the 22nd day of February 1Q , 1994, by the following vote: 1 1 AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin 12 NOES : None 13 ABSENT: None 14 NOT VOTING: None ,., n ~ C )~~` 1 15 ED MCLAUGHLIN, Char of the 16 Butte County Board of Supervisors 17 ATTEST: 18 JOHN BLACKLOCK 19 Officer a d Clerk of the Board 20 By 21 22 23 24 25 26 27 28