Developer Fees

MJUSD
DIVISION 7000
FACILITIES

DEVELOPER FEES

In order to finance the construction or reconstruction of school facilities needed to accommodate students coming from new development, the Governing Board may establish, levy and collect developer fees on residential, commercial and industrial construction within the District, subject to restrictions specified by law and administrative regulation.

Appeals Process for Protests by Developers
The Superintendent or designee shall establish an appeals process for the handling of protests by developers. (Education Code 17621)

Legal Reference:
Education Code
17070.10-17077.10 Leroy F. Greene School Facilities Act of 1998
17582 District deferred maintenance fund
17620-17626 Levies against development projects by school districts
Government Code
6061 One time notice
6066 Two weeks’ notice
65352.2 Level 2 funding notification requirement
65864-65869.5 Development agreements
65995-65998 Payment of fees against a development project
66000-66008 Fees for development projects
66016-66018.5 Development project fees
66020-66025 Protests and audits
Code of Regulations, Title 2
1859-1859.106 School facility program
Court Decisions
Dolan v. City of Tigard (1994) 114 S.Ct. 2309
Management Resources:
Web Sites
Department of General Services, Office of Public School Construction: http://www.dgs.ca.gov/opsc

First Reading: 8/17/05

Governing Board Approval: 9/14/05

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