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Ordinance No. 3865
~ AN ORDINANCE AMENDING CHAPTER 3
OF THE BUTTE COUNTY CODE, ENTITLED "FEES"
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The Board of Supervisors of the County of Butte ordains as follows:
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7 Section 1. Butte County Code Section 3-41 is amended to read as follows:
8 3-41 Building division fee schedule.
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(a) Building permit fees. A fee shall be paid for each permit in accordance with the latest
1 ~~ adopted Development Services Department Building Division Fee Schedule.
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The determination of valuation for the purpose of establishing Strong Motion Instrumentation
12 Plan fees for new construction shall be made using the Apz-il 2002 Budding Valuation Data
Table, as published in "The Building Standards Magazine" published by the International
13 Conference of Building Officials, rounded off to the nearest dollar.
14 The determination of valuation for other than new construction shall be made by the building
15 official based upon a reasonable estimate of the cost of construction.
I6 -1•he valuation for new and other constnuction shall be the total value of all construction work
I ~ for which a permit is issued as well as finish work, painting, roofing, electrical, plumbing,
heating, air conditioning>, and other permanent work or equipment.
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To establish fees in mixed occupancy buildings, the county will determii~le the amount of
1 q square footage occupied by each occupancy type and calculate the fees separately for each type
20 of occupancy.
21 (b) Investigation fees. When any work for which a permit is required by the Butte County
Code is commenced prior to obtaining said permit, the investigation fee equal to 60% of the
~~ amount of the permit fee shall be imposed, in addition to the payment of the permit fee, The
23 payment of this fee shall not relieve any person from fully complying with the requirements of
the Butte County Code in the execution of the work, nor from other investigations prescribed
?4 therein. The building off cial may waive this investigation provision on written request by the
applicant/permittee showing that circumstances beyond the control of the applicantipermittee
25 have prevented himlher from obtaining said permit. This investigation provision shall not
~d apply to emergency work when it shall be proved to the satisfaction of the building official that
such work was urgently necessary and that it was not practical to obtain a permit therefor
27 before the commencement of work. In all such cases, a permit must be obtained as soon as it is
practical to do so, and if there be an unreasonable delay in obtaining such a permit, the
investigation fee as herein provided shall be charged, in addition to the permit fee.
J (c) l~xcavation and grading fees. Excavation and grading fees shall be as prescribed in Chapter
3 33 of the Appendix of the California Building Code as adopted by the Butte County Code,
except the per hour charges for additional plan checking and additional inspections shall be at
4 the rate established as the hourly billing in the Development Services Department Building
~ Division Fee Schedule with a minimum charge of one-half hour.
6 (d) Refund policy. The building official shall not authorize the refunding of any fee paid
except upon written application filed by the person originally paying the fee. The building
~ official shall deduct all building division costs prior to authorizing any refund and shall charge
~ fifty-four dollars and 99 cents ($499) to process the refund application. Refunds may be
processed as follows:
~ (1) The building official may authorize the refunding of any fee paid which was erroneously
} ~ paid or collected. (Refund processing fee not required)
(2) The b~rulding official may authorize the refunding of pel-~nit fees and the plan checking fee
1 1 when the application for apennit is withdrawn or cancelled before any plan checking is done.
I ~ (3) The building official may authorize the refunding of the permit fees paid prior to the
expiration of the permit providing no work has been done pursuant to the permit.
l ~ (4) The building official may authorize the refunding of the permit fees paid prior to the
14 expiration of the permit application. if the permit requested is not issued, but not after two (2)
years from the date of fee payment.
15 (5) The building official shall not authorize the refunding of any filing fees, nor any plan
l ~ checking fees, for work plan checked.
l7 Section 2. Butte County Code Section 3-43 is amended to read as follows:
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3-43 Nlannin~ division fee schedule.
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20 Planning division fees shall be as follows:
,~l (1) Appeals from administrative actions, actions of the planning commission or advisory
agency: 550.00 , (Paid to the Clerk of the Board with the appeal.)
22 (2) Lot line adjustment: $55.00.
23 (3) Legal lot determinations/certificate of compliance: $},213.00.
(4) Development agreement: Actual time Hourly billinglS4,4ll.00 deposit.
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(5) General plan amendment: Hourly billinglS8,018.00 deposit.
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(6) Mining and reclamation: Hourly billing/$13,340.00 deposit.
26 (7) Mining inspection fee: Hourly billingl$1,577.00 deposit.
27 (8) Parcel map: $3,19$.00.
(9) Certificate of merger: X780.00.
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(10) Rezone: Hourly billing/$_5,499,00 deposit.
(11) Zoning ordinance amendment: Hourly billing/$4,379.00 deposit.
(12) Planned unit development: Hourly billing/$8,194.00 deposit.
(13) Specific plan: Hourly billingf511,035.00 deposit.
(14) Subdivision map:53,478.00 up to 15 lots.
(15) Final map checking fee: $591.00 fixed fee for four (4) or less parcels. Hourly
billing/$350.00 1,491,00 deposit for five (5) or more parcels.
(16) Use pemiit:52,970.00.
(17) Administrative permit/temporary mobile home ("Aunt Minnie"): 5300.00.
(18) Administrative permit/temporary mobile home ("Aunt Minnie") renewal: 550.00.
(19) Administrative permit/home occupatioi~/5566.00.
(20) Administrative permit/temporary uses: $] 00.00.
(21) Minor use permit:51,997.00.
(22) Variances:51,774.00.
(23) Minor variance:51,297.00.
(24) Waiver of Parcel Map: Hourly billing/$2,468.00 deposit.
(25) Right-of--way abandonment: $1,469.00.
(26) Predevelopment conference: $1,008.00 per meeting, excluding those required for plaiuled
unit developments.
(27) Land conservation agreement/inclusion: $1,000.00.
(28) Land eonsen~ation agreement/withdrawa1:54,M 4.00.
{'29) Mitigation monitoring fee: Hourly billingl51,340.00 deposit.
(30) Counteritelephone research fee and written response: 5137.00/hourly with $68.00
minimum fee.
(31) Staffing of the Airport land use commission: $1,531.00.
(32) Extension of time for filing final map: $678.00.
(33) Preparation of environmental impact report: Pass-throughlno deposit.
{34) Certificate of Correction: $1,265.00.
(35) Publishing/legal notices: $137.00.
(36) Mining Financial Assurance Review: 5839.00,
(37) Subdivision Map: Each additional lot $69.00.
(38) Airport Land Use Commission CLUP Review: Hourly billing/$3,829.00 deposit.
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~ Section 3. Butte County Code Section 3-44 is amended to read as follows:
3 3-44 Hourly fees; deposits; billing procedures.
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~ (a) Hourly fees for all personnel within the planning division of the depa~~tment of development
services are set at $137.00 per hour.
~ (b) For applications that are charged hourly fees, the applicant shall deposit with Butte County
~ the sum set forth for each application. Concurrent applications require the applicant to deposit
the sum of all matters being concurrently processed.
~ (c) When the initial deposited funds are depleted to an amount equal to twenty-,five (25)
~ percent of the original deposit, no additional processing of the application will occur until the
applicant deposits with Butte County sufficient funds to restore a balance equal to the amount
10 of the initial deposit, unless a lesser amount is approved by the director of development
services or his designee. In the event the applicant does not provide sufficient funds to
11 continue processing an application, the application will be denied.
l2 (d} Funds shall be maintained in a separate budget control account.
13 (e) After final action of the appropriate legislative body, any funds remaining il~i the account
shall be retunled to the applicant.
l4 (f) Applications requiring legal notification will be required to deposit an additional fee for
I ~ estimated publishing costs as prescribed. If the actual costs for county employees' time and
publishing are less than the amount deposited, the remaining amount of the money shall be
1 G returned. If the costs are greater than d1e estimate, the applicant shall pay the additional
amount. In the event that payment is not received for the additional amounts, the deparnnent of
l7 development services will send notice by registered mail. If payment is not received within
I ~ thirty (30) days, the department of development services will notify central collections.
19 Section 4. Butte County Code Section 3-81 is amended to read as follows:
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3-81 Land development division fee schedule.
22 Land development division fees shall be as follows:
23 (a} Filing fees:
24 (1) Subdivision map (I--49 lots): $380.00 + $5.00 per lot.
25 (2) Subdivision. map (50 + lots): Hourly billingl$650.00 deposit.
(3) Parcel map: $491.00.
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(4) Revised map: $391.00.
27 (5) Preliminary subdivision: $647.00.
(6) Lot line adjustment: $359.00.
(7) Legal lot determination/certifieate of compliance: $621.00.
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(8) Waiver application: $489.00.
(9) Reversion to acreage: $489.00.
(t0) Application for certificate of merger: $359.00 + $20,00 per resulting lot.
(11) Application for certificate of merger into one single parcel $243.00.
(12) Encroachment Permit $64.00.
{13) Utility Company Encroachment Permit $66.00.
(14) Transportation Permit single trip per vehicle $16.00.
{15) Transportation Permit extended period (multiple trips, same routes) per vehicle $59.00.
{b) Miscellaneous fees:
(1}Right of way abandonment: $1,014.00.
(2) Research letter: 134.00 per hour.
(3) Flood and drainage letters/public report soil letters: $134.00 per hour.
{4) Road bonding charge: $450.00.
{5) Predevelopment conference: $337.00 per meeting, excluding those required for planned
unit developments.
(6) Road Naming for new roads $270.00.
(7) Road Renaming for existing named roads $947.00.
(8) Street sign, two paddles plus hardware, if owner installs $124.00. Additional signs at cost.
(9) Street sign, two paddles plus hardware, if County installs $228.00. Additional signs at cost.
(10) Hardware cap to i~nount to round pole $10.00.
(11) Street sign -single paddle $57.00. Additional signs at cost.
(12) Street sign -Single paddle plus mounting hardware $97.00. Additional signs at cost.
(13) County Service Area (CSA) formation $719.00.
(14) Centerline monuments can plus brass cap $150.00.
(c) Checking fees:
{1) Final subdivision map: $1,537.00.
{2) Final parcel Imap: $849.00+ $76.00 per lot over 3.
{3) Record of survey: Hourly billing/$700.00 deposit.
(4) Lot line adjustment: by map, deed or plat: $696.00.
(5) Waiver applications by deeds: $926.00.
(6) Private road inspection: $400.00.
(7) Subdivision and site improvement construction plan checking: Hourly billinglinitial deposit
of 1 'lz% of estimated construction cost, with a $600.00 minimum deposit.
25 (8) Subdivision and site improvement construction inspection: Hourly billing/initial deposit of
26 3% of estimated construction cost.
(9) Assessment district construction plan checking: Hourly billing/initial deposit of 1 '/z°lo of
27 estimated construction cost, with a $600.00 minimum deposit.
(10) Assessment district construction inspection: Hourly billing/initial deposit of 6°l° of
estimated construetian cost.
(11) Checking temporary leach trench for storm drainage: $368.00.
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2 (d) Reviewing fees:
3 (1) Use permit: ~ 165.00.
(2) Administrative use permit: $87.00.
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(3) Variance: $161.00.
5 (4) Administrative variance: $134.00.
6 (5) Rezone: $164.00.
7 {6) Planned unit development: $691.00 .
8 Section 5. Butte County Code Section 3-82 is amended to read as folloFys:
9 3-82 Hourly fees; deposits.
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{a) Hourly fees for all personnel within. the public works department are set at $134.00 per hour.
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{b) The applicant shall deposit with Butte County the sum set forth in this article for each
12 application ar request for service, up to a maximum of three thousand dollars ($3,000.00) for
concurrent applications, with the exception of subdivision and site improvement construction
13 inspection, which requires athree-percent deposit of estimated construction costs, and
14 assessment district construction inspection, which requires a 6°lo deposit of estimated
construction costs.
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(c} When the initial deposited funds are depleted to an amount equal to tvti~enty-five (25)
16 percent of the original deposit, no additional processing of the application will occur until the
17 applicant deposits with $utte County sufficient funds to restore a balance equal to the amount
of the original deposit, unless a lesser amount is approved by the director of public works or
1 g his designee, or except far additional deposits for subdivision and site improvement
inspections, or for assessment district construction inspections, which shall be one-third {1/3)
l9 of the original deposit. hz the event the applicant does not provide sufficient funds to continue
20 processing an application, the application will be denied.
21 (d) Funds shall be maintained in a separate budget control account.
2z (e) After final administrative or legislative action, any funds remaining in the account shall be
23 returned to the applicant.
24 Section 6. Authority. This ordinance is enacted pursuant to Govermnent Code Sections
25 66017{a) and 66016(b}, Article I, Section 1 of the Butte County Charter, and Article XI,
~~ Section 7 of the California Constitution.
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Section 7 Severability. If any provision of this Ordinance or the application thereof to any
person or circumstances is for any reason held to be invalid by a court of competent
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2 jurisdiction, such provision shall be deemed severable and the invalidity thereof shall not affect
3 the remaining provisions or applications of the Ordinance which can be given effect without
"~ the invalid provision or application thereof.
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Section 8. Findings. The Board of Supervisors hereby finds that the amounts of the fees
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adopted herein were evaluated and determined by MAXIMUS in a fee study presented to the
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8 Board of Supervisors on October 14, 2003. In reliance on this fee study, all the fees adopted in
9 this ordinance are set at or below the full cost of providing the service or product for tivhich the
10 fee is charged.
l I Section 9. Effective Date and Publication. This Ordinance shall take effect sixty (60) days
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after the date of its passage and the fees adopted herein shall be imposed on February 1, 2004.
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The Clerk of the Board of Supervisors is authorized and directed, before the expiration of
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l5 fifteen (1~) days after its passage, to publish this Ordinance once, with the names of the
16 members of the Board of Supervisors voting for and against it, in the Enterprise Record, a
1 ~ newspaper published in the Cow~ty of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State
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of California, on the 2°d day of December, 2003, by the following vote:
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AYES: Supervisors Dolan, Houx and Chair Beeler
/ NOES: Supervisors Josiassen and Yamaguchi
3 ABSENT': None
NOT VOTING: None
R. J. BEELER, Chair of the
6 Butte County Board of Supervisors
ATTEST:
7 PAUL McINTOSH, Chief Administrative
8 Officer and Clerk of the Board
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10 D~"PutY f;
1 G.AOKDINANC:FEEORDFII~AL11-4-03.wpd
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