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Waugh ESD |  AR  7210  Facilities

Methods Of Financing   

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Developer Fees

Before levying developer fees, the Governing Board shall schedule a public hearing. Information on the anticipated amount of fees, other available funds and funding sources, and the estimated cost of planning, land acquisition and school construction shall be available to the public at least 10 days before the hearing. Notice of the hearing shall be given as required by law. (Government Code 66016)

At the above hearing, the Board shall adopt a resolution for the levying of developer fees. This resolution shall set forth:

1. The Board's findings which justify the fees (Government Code 66001)

2. The district's determination of one of the following conditions which allow collection of the fees at the time when building permits are issued: (Government Code 66007)

a. That the fees are to reimburse the district for previous expenditures

b. That the fees shall be collected for public improvements or facilities for which an account has been established, funds have been appropriated and the district has adopted a proposed construction schedule or plan

The district shall send a copy of any resolution adopting or increasing developer fees to the city and county, accompanied by all relevant supporting documentation and a map indicating the boundaries of the area subject to the fee. (Government Code 53080.1)

The Superintendent or designee shall establish procedures for the timely and consistent levying of developer fees in accordance with the requirements of law. He/she shall cooperate with local governmental agencies issuing building permits. Before a permit is issued, the Board shall certify that the fee has been paid or that the district has determined that the fee does not apply to the development project. (Government Code 53080)

Fees may be revised in accordance with the increase legally allowed for inflation as determined every two years by the State Allocation Board. (Government Code 65995)

Developer fees shall be deposited, invested, accounted for and expended pursuant to Government Code 66006. Developer fees shall be deposited in a separate capital facilities account, except for temporary investments allowed by law, and shall be used only for the purpose for which they were collected. Interest income earned by the capital facilities account shall also be deposited in that account and used only for the purpose for which the fee was originally collected. (Government Code 66006)

For each separate account so established, the Superintendent or designee shall, within 60 days of the close of each fiscal year, make available to the public the beginning and ending balance for the fiscal year; the fee, interest and other income received; the amount of expenditure; the amount of refunds made pursuant to Government Code 66001; and any allocations made with revenues not refunded because of related administrative costs. The Board shall review this information at the first regularly scheduled public Board meeting which occurs 15 days after the information is made available to the public. Fifteen-day prior notice of this meeting shall be mailed to any parties filing a written request pursuant to Government Code 66006.

The Board shall annually make findings regarding any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit. The Board shall take action based on its findings in accordance with law. (Government Code 66001)


approved: September 12, 1996 Petaluma, California