Can I get “credit” of Developer fees on reconstruction or rebuilding after demolition of an existing structure?
Developer fees were assessed on new construction built after September 1, 1986. Any structure built prior to this time does not qualify for a credit and will pay developer fees on the new construction or reconstruction square footage. The Education Code 17620(a)(1)(C)(i) does not provide for a “credit” per square foot as it relates to new residential structures. Therefore, the District may assess developer fees to all new residential structures. However, no fee will be charged on residential reconstruction after the original structure is damaged or destroyed due to a catastrophic loss or act of nature, such as fire, flood, earthquake, etc, so long as the reconstruction does not exceed the assessable square footage of the original building that is damaged or destroyed. If the reconstruction exceeds the assessable square footage of the original residence that is damaged or destroyed, the increased square footage will be considered new construction, and a fee will be charged. Education Co
