After the effective date of this Chapter and the effective date of the fee(s) set out in the resolution(s) imposing the fee(s), all construction within the incorporated Cities with an agreement with the County pursuant to Article 7 and unincorporated territory of Tulare County not otherwise exempt pursuant to the provisions of this Chapter shall be subject to and pay the County public facilities fee(s) established in this Chapter and by County resolution(s). Such development fee(s) shall be paid and collected as provided in Sections 1-27-1105 and 1-27-1110 and Article 7 of this Chapter. Construction and development shall not be otherwise regulated under this Chapter.
(Added by Ord. No. 3430, effective 8-11-11)
(a) 
Time for Payment of Fee(s). Fee(s) for applicable development shall be paid prior to the issuance of the certificate of occupancy, or at the time of final inspection, whichever comes first, or, if the provisions of Government Code Section 66007, as amended from time to time, are met, at the time of issuance of a building permit for any non-exempt construction under the provisions of this chapter.
(b) 
Fee Amounts. Except to the extent reduced by an in-lieu contribution approved pursuant to Section 1-27-1120, which in-lieu contribution will only apply to development of County facilities, fees under this section shall be payable in those specific amounts set by County resolution. The amount payable shall be reduced by the amount of any fee charged to the developer or builder by any other jurisdiction to provide funding for the same County facilities. During the first five calendar years beginning after the effective date of the fee set by the resolution imposing the fee, the Board of Supervisors may, without a further study, report or plan, adjust by resolution the fee amounts one time annually based on the percentage change in the Engineering News Record Construction Cost Index. Thereafter, the Board of Supervisors may amend the amount of such fees from time to time by Board resolution after appropriate further study, report or plan.
(Added by Ord. No. 3430, effective 8-11-11)
(a) 
Pursuant to Government Code § 66010 et seq., no fee may be applied by a local agency to the reconstruction of any residential, commercial or industrial development project that is damaged or destroyed as a result of a natural disaster as declared by the Governor.
(b) 
Where a building permit is issued within two years after demolition on the same lot of any building or structure which could be lawfully occupied, or where new construction replaces a structure on the same lot which was damaged or destroyed by fire, earthquake or other causes similarly beyond the owner's control and not declared a natural disaster by the Governor, the amount of new construction taken into account under this Chapter shall in the case of a non-residential building or structure be reduced by the number of square feet which were demolished or destroyed. In the case of a residential building or structure, there shall be no fee imposed under either of the above-described circumstances except where reconstruction exceeds construction that is substantially equivalent to the residential building or structure or where additional residential units are proposed on the site.
(c) 
If the County abates a public nuisance and requires real property to be demolished or reconstructed, no fee may be applied to the reconstruction, if commenced within two years, of the real property, in compliance with county codes, except where reconstruction exceeds construction that is substantially equivalent to the real property.
(Added by Ord. No. 3430, effective 8-11-11)
The following construction or development activities shall be exempt from the fees imposed through Section 1-27-1100:
(a) 
Any building, structure, or other improvement constructed or renovated by the County or City upon property owned by or under its control.
(b) 
Any building, structure, or other improvement constructed or renovated that does not require the issuance of a building permit.
(c) 
Any initial equipment or piece of equipment and other initial, unfunded costs necessary to service new growth or new development.
(d) 
Construction qualifying as a detached building or structure intended for exclusive agricultural uses and complies with the following:
1. 
The building or structure will not be fully enclosed on at least one side (e.g., three sided barn, with no door, gate, or other means of enclosure on the fourth side); and
2. 
The building or structure will not be on commercial, industrial or manufacturing zoned land, or on land where a land use application has been approved for use as a commercial, industrial or manufacturing use; and
3. 
The building or structure constructed under this provision shall not be used as a place of human habitation, employment, processing of farm products, or for private or public admittance; employees removing and returning farm equipment, farm crops and supplies, or the feeding of poultry, livestock or similar animals.
(e) 
Existing Residential unit remodel, replacement, or reconstruction that does not create any new separate dwelling unit or units on a lot.
(f) 
Construction for the erection or installation of any temporary building, structure, or improvement (i) which, under the terms of any permit issued therefor or pursuant to such other assurance as the appropriate County or City official (i.e., Director of the Resource Management Agency, or designee, for construction in the unincorporated areas of the County, or City building official, or designee for construction in the relevant City, respectively) may be maintained for a total period not to exceed one (1) year or as may be extended beyond one year, or (ii) for use in the performance of the work of a construction project until completion of such work.
(g) 
Building permit issued prior to the effective date of this Chapter and the effective date of the development impact fee(s).
(h) 
Where said fees are prohibited by state law.
(Added by Ord. No. 3430, effective 8-11-11)
The County may authorize in-lieu contribution, for affected development within the unincorporated areas of the County. Such in-lieu contribution shall be, in connection with approval of a subdivision map or any other discretionary development approval, subject to a required public hearing before any agency of the County. The substitution of completed facilities or other contribution of at least equivalent value to the public facilities fee is required. The facilities or other contribution must reduce the need for new County public facilities in one or more of the areas specifically identified in the resolution approving the subdivision map or discretionary development approval. Where the facilities or other contribution exceed the value of the fee amount, the County may (but shall not be required to) credit the excess value against future public facilities fees.
(Added by Ord. No. 3430, effective 8-11-11)
Where the County is to issue a building permit, the applicant liable for the fee shall submit to the Tulare County Resource Management Agency such information as the Agency may require to calculate the amount due, or, where a City certifies square footage and use, or number of dwelling units, pursuant to Article 7 hereof, the information necessary to calculate the fee shall be submitted to the City by the applicant.
(Added by Ord. No. 3430, effective 8-11-11)