§ 26-98-310. Imposition of development fees and timing of fee payments.

(a)

The fees imposed and required by Sections 26-98-200 through 26-98-380, inclusive, shall be paid when any of the following county approvals or permits are required:

(1)

Department of permit and resource management's approval of building permits for new residential dwelling units on existing lots, including second dwelling units authorized pursuant to Section 26-92-040 of this chapter;

(2)

Those permits for which, prior to the issuance of a building permit, discretionary approval is required. These permits include, but are not limited to, use permits, design review approvals and major or minor subdivisions; and

(3)

Those zoning permits requiring discretionary approval which do not require a building permit.

(b)

The fees imposed and required by subsection (a) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county or local district prior to department of permit and resource management's approval of the building permit or issuance of the building permit, whichever occurs first.

(2)

The fee for those permits and approvals referred to in subsection (a)(2) of this section shall be paid to the county or local district prior to department of permit and resource management's approval of a building permit or issuance of the building permit, whichever occurs first. At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the County of Sonoma or local district those development fees required by Sections 26-98-200 through 26-98-380, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

Where the condition set forth above is to be placed on a major or minor subdivision, the condition shall be placed as notation on the final or parcel map so that subsequent purchasers of lots within the subdivision will be on notice that fees will be required prior to the issuance of a building permit.

(3)

The fee for those permits referred to subsection (a)(3) of this section shall be paid to the county or local district within thirty (30) days after the permit is approved. At the time of the discretionary approval, the following condition shall be imposed:

  "As a condition of the approval, applicant shall pay to the County of Sonoma that development fee required by Sections 26-98-200 through 26-98-380, inclusive, of the Sonoma County Code within thirty (30) days after approval of this permit. Failure to make this payment within thirty (30) days after approval of this permit shall result in said permit being rendered null and void."

(c)

No building permit or discretionary approval for property within the Windsor specific plan area shall be issued or approved unless the development fees for the property are paid as required by Section 26-98-200 through 26-98-380, inclusive.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)