TRLIA Levee Impact Fee

“The purpose of the Three Rivers Levee Fee is twofold. First, is to ensure that all properties that are developing in the Benefit Area share in the cost of the improvements. Second, is to provide repayment to those entities that have provided upfront financing for the levee improvements. This includes repayment to those that advanced fees in excess of the obligations established by prior advanced funding agreements.”

“The Fee program remains the sole funding source for the local share of costs for TRLIA levee improvement program in the RD 784 basin. The improvements funded by the Fee include Phases 1 through 4 levee improvements along the Yuba, Feather & Bear Rivers, the Western Pacific Interceptor Canal and the Goldfields as well as any associated drainage and environmental work.”

“A series of levee improvements were needed to provide additional flood protection to the Plumas Lake Specific Plan Area (PLSP), the North Arboga Study Area (NASA), the East Linda Specific Plan Area (ELSP), and other neighboring areas, collectively referred to as the Benefit Area… Specifically, the Benefit Area is those lands that receive flood protection benefit from the levees that provide flood protection from the following waterways: Yuba River, Feather River, Bear River, Western Pacific Interceptor Canal (WPIC), and Goldfields.”

2006 (original); 2008-11-18 (Ord. 1465); 2021-06-08 (current Ord. No. 1600, effective 2021-08-07)

“The required levee improvements could not be constructed unless funds were generated to pay for such improvements. The County established a development impact fee to fund levee improvements in 2006, Yuba County Ordinance 1372, ("levee fees") to generate the necessary revenue for the levee improvements and repay debt incurred to provide funding for levee improvements. The establishment of the levee fees, pursuant to a nexus study, ensured that new development within the flood zone pays its proportionate share of the levee improvement costs. The county revised the nexus study in 2008 with adoption of Yuba County Ordinance No. 1465.”

Ordinance No. 1372 (2006) → Ordinance No. 1465 (Nov. 18, 2008) → Ordinance No. 1600 (June 8, 2021)

“The required levee improvements could not be constructed unless funds were generated to pay for such improvements. The County established a development impact fee to fund levee improvements in 2006, Yuba County Ordinance 1372, ("levee fees") to generate the necessary revenue for the levee improvements and repay debt incurred to provide funding for levee improvements. The establishment of the levee fees, pursuant to a nexus study, ensured that new development within the flood zone pays its proportionate share of the levee improvement costs. The county revised the nexus study in 2008 with adoption of Yuba County Ordinance No. 1465.”

“The levee fees shall be paid at building permit final.”

County of Yuba (Community Development & Services Agency); fee revenue funds TRLIA

“The Three Rivers Levee Fee will be collected by the County at building permit final.”

“The following land uses are exempt from the Three Rivers Levee Fee: • Existing residential, industrial, retail development (except for expansions in excess of 1,000 square feet of structures) • Vacant residential, industrial, or retail land until developed • Agricultural land • Open space • Public Agency Owned Land (including federal, state, and local agencies) • "Other" land as defined below … "Other" land includes public use land uses, such as drainage canals, detention ponds, open space, well sites, railroad right of way, and schools.”

“Some landowners who previously advanced funded the levee impact Fee have a claiming and right to a credit against a future levee impact Fee that may be due as a result of continued building or reimbursement for claimed overpayment… No reimbursement or additional Fee Credit for a previously paid or advanced Three Rivers Levee Fee will be provided without an approved Fee Credit and/or Reimbursement Agreement (or Fee Credit and/or Reimbursement provisions within a previously approved Development Agreement).”

“In accordance with the Nexus Study, the Fee will be escalated annually, commencing July 1, 2022, to address increasing financing and administrative costs over time. The Fee will escalate annually by the percentage increase in the average of the San Franscico and 20-Cities Construction Cost Index (CCI) as published by the Engineering News Record (ENR), for the period ending May of the previous fiscal year.”