In-Lieu Agricultural Mitigation Fee

“(a) Purpose. This section establishes certain fees that, pursuant to Section 8-2.404, are required to be paid by new development that converts less than twenty (20) acres of agricultural lands to nonagricultural uses. The fees established by this section are estimated to be equal to the cost of conserving one (1) acre of agricultural land for every acre developed. Specifically, this section establishes and sets forth regulations relating to the imposition, collection, and use of fees for the conservation of agricultural lands through purchase of conservation easements.”

“(h) Use of Funds. (1) The fees collected pursuant to this ordinance may be spent for the conservation of agricultural lands through purchase of conservation easements, including any related administrative, monitoring, stewardship, and legal costs.”

“(2) The Agricultural Conservation and Mitigation Program specifies that development projects that result in the conversion of less than twenty (20) acres of agricultural land may pay an in-lieu fee, instead of purchasing a conservation easement, based on a per acre calculation of the conversion amount.”

2014-08-14

“(Ord. 1445, eff. August 14, 2014; as amended by § 4, Ord. 1468, eff. May 13, 2016)”

Ordinance No. 1445

“(Ord. 1445, eff. August 14, 2014; as amended by § 4, Ord. 1468, eff. May 13, 2016)”

“(c) Payment of Fees. For any development project subject to this ordinance, fees levied hereunder shall be paid to the County of Yolo prior to the acceptance of any final subdivision map, issuance of a conditional use permit or approval of a site plan, or issuance of building permit(s), or such other ministerial or discretionary approval that triggers the fee requirement, whichever occurs first. The Planning, Public Works and Environmental Services Department shall not accept any final subdivision map, issue any conditional use permit or approve any site plan, or issue any building permit(s) or any other ministerial or discretionary approval to any development subject to this ordinance without first receiving payment of the required fees from the applicant.”

Yolo County Planning, Public Works and Environmental Services Department

“(d) Accounting and Register of Payment. (1) The fees collected pursuant to this ordinance shall be placed by the Planning, Public Works and Environmental Services Department in a separate interest bearing account for the In-Lieu Agricultural Fee Program, as further described in Subsection (f), below.”

“(2) The County may refund by direct payment, by offsetting the refund against other impact fees due for development projects by the owner on the same or other property, or otherwise by agreement with the owner. A person who receives a refund under this provision shall not commence construction of the land development for which the refund was made without repaying the required fees.”