Santa Clara Valley Habitat Plan - Nitrogen Deposition Fee

“The nitrogen deposition fee addresses indirect impacts of covered activities and is based on the Habitat Plan costs related to mitigating the impacts of airborne nitrogen deposition.”

“Nitrogen Deposition Fee – The fee revenue is reported with Land Cover Fees. The fee revenue may be used broadly, consistent with land cover revenue, because nitrogen sensitive land cover types constitute 97 percent of the total reserve system to be acquired, managed, and monitored.”

“Table 9-7b lists the nitrogen deposition fee, which is applied to all Fee Zones in the same way. The nitrogen deposition fee will be assessed as a fee per new daily vehicle trip over existing conditions.”

"Mitigation Fee Ordinance (No. 2013-01)" — Santa Clara Valley Habitat Agency

“The Santa Clara Valley Habitat Agency (Habitat Agency) may adopt guidelines to assist in the implementation and administration of all aspects of the Habitat Agency's Mitigation Fee Ordinance (No. 2013-01) not previously considered." / "Mitigation fees consist of all of the following types of fees: 1) Land Cover Fee; 2) Serpentine Fee; 3) Nitrogen Deposition Fee; 4) Western Burrowing Owl Fee; 5) Wetlands Fees; and 6) Temporary Impact Fees.”

“For private projects, mitigation fees are required to be paid before or at the time the grading permit for the project is issued. If a grading permit is not required, fees must be paid before or at the time the first construction permit is issued.”

City of Morgan Hill (the applicable participating jurisdiction)

“All fees paid by private applicants to participating jurisdictions will be collected by the applicable jurisdiction. Fees paid to participating local jurisdictions will be transferred to the Implementing Entity on a regular basis, but at a minimum, annually.”

“All development that occurs on land mapped by the Habitat Plan as "urban-suburban", "landfill", "reservoir", or "agriculture developed" land cover types (see Chapter 3 for land cover type descriptions) is exempt from development fees, with the exception of the nitrogen deposition fee and burrowing owl fee, if it is not located in or adjacent to a parcel that contains a stream, riparian woodland or forest, wetland, pond, or serpentine. If new vehicle trips are generated, the nitrogen deposition fee described below may be assessed (Table 9-7b).”

“Land cannot be dedicated in lieu of wetland fees and the nitrogen deposition fee.”