(a)   Purpose of Chapter. The purpose of this Chapter is to require the payment of drainage fees for most new construction that is within an adopted Local Area Drainage Plan.

   (b)   Purpose of Fees. The fees shall be paid prior to the issuance of Building Permits for the purposes of defraying the actual or estimated costs of constructing planned drainage facilities.

   (c)   Authority for Chapter. The authority for this Chapter is derived from the power granted to local governments by the Constitution of the State of California to preserve the public health, safety, and general welfare.

(Ord. 4011, passed - -2007)

   (a)   Applicable Within Adopted Local Area Drainage Plans. The provisions of this Chapter shall only affect those unincorporated portions of the County that are within the boundaries of an adopted Local Area Drainage Plan.

   (b)   Area Will Require Construction of Drainage Facilities. The Board in adopting a Local Area Drainage Plan shall find and determine that development or redevelopment of the property in the Plan Area will require the construction of the facilities described in the Plan Area and that the drainage fees are fairly apportioned within the drainage area.

   (c)   The drainage fees shall be fairly apportioned based on one of the following:

      (1)   On the basis of benefits conferred on property proposed to be developed or redeveloped;

      (2)   On the need for drainage facilities created by the development and the development of other property in the drainage area; or

      (3)   On the basis of the proportionate storm water run-off from each parcel.

   (d)   Fees Shall Not Exceed Pro Rata Share. Fees to be paid shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within an area which would be assessable on the property if the costs were apportioned uniformly on a per acre basis.

   (e)   Adoption of Area Drainage Plan. The Board, in adopting or amending the Local Area Drainage Plan, shall do all of the following:

      (1)   Identify the purpose of the fee.

      (2)   Identify the use to which the fee is to be put. If the use is financing public facilities, then the facilities should be identified. The facilities may be identified by reference to any public document which identifies the facilities for which the fee is charged.

      (3)   Confirm that there is a reasonable relationship between:

         (A)   The fee’s use and the type of development project on which the fee is imposed;

         (B)   The need for the public facility and the type of development project on which the fee is imposed; and

         (C)   The amount of the fees and the cost of the flood control facilities, or portion thereof, attributable to the development on which the fee is imposed.

   (f)   Compliance with Government Code § 66004 Required. Local Area Drainage Plans and/or the drainage fee may be adopted by the Board, and thereafter amended at any time, only after first holding a public hearing. The requirements of Government Code § 66004 shall be followed prior to holding a public hearing establishing or modifying a fee for a Local Area Drainage Plan.

(Ord. 4011, passed - -2007)

   (a)   Deposit of Drainage Fees. Except as otherwise provided in § 89.01.030(c), below, whenever a Building Permit, Grading Permit, or other County approval in connection with new construction is requested within the boundaries of a Local Area Drainage Plan, the specified drainage fee shall be deposited to the appropriate Planned Drainage Facilities Fund. Any interest income earned by the money in the fund shall also be deposited in the fund. The amount of the drainage fee shall be specified within the schedule of fees for each Local Area Drainage Plan. The established fee shall be paid to the County prior to the issuance of Building Permits, Grading Permits, or other County approvals in connection with new construction.

   (b)   Deposited into a Drainage Facilities Fund. Drainage fees required by this Chapter shall be paid to the County and deposited into a Drainage Facilities Fund. A separate fund shall be established for each Drainage Area. Monies in the funds shall be expended solely for the construction and reimbursement for the construction of drainage facilities, including related administration expenses, within the area from which the fees comprising the fund were collected, and/or to reimburse the local agency for the cost of engineering, right-of-way acquisition, and administrative services required to design and construct facilities within the Local Area Drainage Plan.

   (c)   Money May Be Advanced by Local Agency. Money may be advanced by a local agency to design and construct drainage facilities, related administrative services, or to acquire necessary right-of-way within the area of an adopted Local Area Drainage Plan. Money so advanced shall be reimbursed to the local agency from the appropriate Planned Drainage Facilities Fund.

(Ord. 4011, passed - -2007)

   (a)   Parcels with Less than One Acre. Fees assessed at the time of the issuance of a Building Permit, Grading Permit, or other County approval related to new construction shall be based upon the total area of the parcel; provided, the parcel has a net area of less than one acre.

   (b)   Parcels with One Acre or More. Fees assessed at the time a Building Permit, Grading Permit, or other County approval related to new construction is issued on a parcel which has a net area of one acre or more shall be based on:

The area of the developed portion of the parcel or one acre, whichever is greater. As used in this Chapter, the phrase “area of developed portion of the parcel” shall mean the area of that portion of the parcel lying within a single rectangle which encloses all improvements, landscaped areas, parking areas, and storage areas; plus the area of all improvements related to the required access that are outside the area of the described rectangle.

   (c)   Fee to Be Determined by Building Official. The amount of fees assessed and the area on which the fee is based shall be determined by the Building Official. The Building Official may require an applicant to submit all information necessary to calculate the fee(s).

(Ord. 4011, passed - -2007)

   (a)   Developer Agreement.

      (1)   When required for the implementation of an adopted Local Area Drainage Plan, an agreement may be entered into between a developer and the County whereby the developer may advance money for the construction of facilities, or design of the facilities within a Local Area Drainage Plan. Subject to the restrictions in Subdivision (a)(2), below, the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing in the appropriate Planned Drainage Facilities Fund. Reimbursement shall be for the amount agreed upon in advance only and shall not include interest or other charges. The agreement shall expire 15 years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to a developer whose agreement has expired.

      (2)   The County may designate that up to 25 percent of the funds collected in a Planned Drainage Facilities Fund be utilized for reimbursement for any agreement entered into in compliance with Subdivision (a)(1),above. Other than the amount so designated by the County, Planned Drainage Facilities Funds shall not be used as reimbursement for any agreements authorized by Subdivision (a)(1), above.

   (b)   Consideration in Lieu of Payment of Drainage Fees. An agreement may be entered into between a developer and the County whereby considerations (e.g., actual construction, dedication of right-of-way, or design work by a civil engineer) may be accepted in lieu of part or all of the payment of drainage fees, and the Board shall first find that the alternative is acceptable and is equal to or greater in value than the required fee, prior to approving an agreement.

   (c)   Exemptions from Drainage Fees. Drainage fees shall not be required as a condition of Building Permits on existing developed parcels for:

      (1)   Maintenance and repair of existing improvements.

      (2)   Reconstruction, when permits are issued within two years of the destruction of a structure due to earthquakes, fire, vandalism, wind, or other natural or man-made disasters.

      (3)   Construction of carports, garages, patio covers, storage buildings, swimming pools, and similar structures, accessory to a single-family residence.

      (4)   Other construction or reconstruction which does not involve grading causing an increased rate of runoff when the construction or reconstruction falls within the boundaries of the rectangle described in § 89.01.040 (Drainage Fee Calculation), above, as the “area of the developed portion of the parcel,” as it existed prior to the effective date of an applicable area drainage plan. The applicant shall be responsible for providing sufficient information to establish that the proposed grading would not increase the rate of runoff. Assessment of fees due to grading shall apply only to that portion of the parcel on which grading would contribute to an increased rate of runoff.

   (d)   Credit for Prior Payment. If a drainage fee for a parcel, or portion thereof, has been previously paid, credit shall be given for prior payment toward any fee payment required by this Chapter.

   (e)   Chapter Not Applicable to Other Assessments for Same Facilities. The provisions of this Chapter shall not be applicable to property subject to other assessments for the same drainage facilities.

(Ord. 4011, passed - -2007)

   (a)   Use of Surplus Funds. After completion of facilities and the payment of all claims from any Planned Drainage Facilities Fund, the Board shall determine by resolution or other legislative action the amount of the surplus, if any, remaining in any of these funds. Any surplus funds shall be used, in those amounts as the Board may determine, for one or more of the following purposes:

      (1)   For transfer to the County General Fund; provided, the amount of the transfer shall not exceed five percent of the total amount expended from the particular fund and the funds transferred are used to support the operation and maintenance of those facilities for which the fees were collected;

      (2)   For the construction of additional or modified facilities within the same Local Area Drainage Plan; or

      (3)   As a refund in the manner provided in Subdivision (b), below.

   (b)   Refunds. Any surplus remaining shall be refunded in the following manner:

      (1)   There shall be refunded to the current owner(s) of property for which a fee was previously collected, the balance of the monies in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage area.

      (2)   Where property for which a fee was previously collected has subsequently been subdivided into more than one parcel, each current owner of a parcel shall share in the refund payable to the owner(s) of the property for which a fee was previously collected in the same proportion which the area of each individual parcel bears to the total area of the property for which a fee was previously collected.

      (3)   There shall be transferred to the County General Fund any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements, or the adoption by the Board of a resolution declaring a surplus, whichever is last to occur.

   (c)   Refunds Made in Compliance with Government Code § 66001. Subject to the provisions of Subdivisions (a) and (b), above, commencing on the fifth year after imposition of a fee for an Local Area Drainage Plan and annually thereafter, the Board shall hold a hearing with respect to any portion of the fee remaining unexpended or uncommitted five or more years, and shall refund to the then owner(s) of parcels or units in development projects within the Local Area Drainage Plan on a pro rata basis any unexpended or uncommitted fees plus interest accrued thereon, for which the Board is unable to demonstrate a reasonable relationship between the need for the fee and the purpose for which it was charged. When applicable, refunds shall be made in compliance with Government Code § 66001.

(Ord. 4011, passed - -2007)

   The provisions of this Chapter shall be applied only to areas within the boundaries of Local Area Drainage Plans that have been adopted by the Board, and shall have no force or effect in any other portion of the County. The fees, plan areas, regulations, and rules are contained in the associated texts of each Local Area Drainage Plan.

(Ord. 4011, passed - -2007)

   (a)   Purpose of Chapter. The purpose of this Chapter is to provide for the development of park and recreational facilities, through subdivision regulations, in an area where the need for parks has been expressed by the community, and a public agency exists to administer these facilities.

   (b)   General Provisions.

      (1)   Each subdivider of land for residential use shall, as a condition to the approval of a parcel map or final map, dedicate lands or pay fees in lieu thereof, or a combination of both, for park or recreational purposes.

      (2)   Dedication and fee requirements shall be conveyed to the designated public agency or into a special County fund established for this purpose, prior to approval of the parcel map or final map.

(Ord. 4011, passed - -2007)

   The requirement for dedication of land or payment of fees shall be contingent upon a Board resolution adopted at a public hearing specifying the requirements and procedures for a community area. The area shall be served by a public agency legally empowered to improve, maintain, and operate the dedicated land in compliance with the General Plan.

(Ord. 4011, passed - -2007)

   Land or fees required under this Chapter shall be conveyed or paid directly to the County or the public agency. The County, or public agency, after accepting the land or funds, shall develop the land or use the funds in compliance with this Section.

   (a)   Use of Fees and Land. The fees, land, or combination thereof are to be used only for the purpose of providing park or recreational facilities within the agency which will serve or benefit future residents of the subdivision.

   (b)   Establishment and Development Time.

      (1)   The Board, in agreement with the public agency having park responsibility, shall specify by resolution at the time approval is given to the final map when the development of a park or recreation facility to serve the subject subdivision will begin.

      (2)   The starting date shall be reasonable with respect to the following criteria:

         (A)   The need for the park or facility;

         (B)   Weather constraints;

         (C)   Minimized disruption of the neighborhood; and

         (D)   The accumulation of the necessary funds and land.

   (c)   Land Disposition. In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the dedicated land may be sold with the proceeds from the sale being used for suitable park and recreation facilities which better serve the neighborhood in which that subdivision is located.

   (d)   Payment of Fees. Only the payment of fees shall be required in subdivisions of less than 50 parcels unless agreed otherwise by the Board and the subdivider.

   (e)   Standards for Dedication.

      (1)   The amount of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use or benefits of the park and recreation facilities by the future residents of the subdivision.

      (2)   The Board, upon the recommendation of the designated public agency having park responsibility, shall set by resolution the ratio of park acres for each 1,000 of population anticipated from the future subdivision.

      (3)   The ratio may be set to maintain the existing level of park acres per 1,000 population served by the public agency.

   (f)   Amount of Park Fees Required. When the requirements of this Chapter are complied with solely on the basis of providing park fees, the minimum amount of fees to be paid shall be computed by using the following formula:

 

 

 

   (g)   Amount of Land Required. Whenever the requirements of this Chapter are complied with solely on the basis of providing park land, the minimum amount of land required shall be the amount which could be purchased with the fees computed in Subdivision (f), above.

   (h)   Determination of Fair Market Value. The fair market value shall be determined as of the date of filing of the parcel map or final map in compliance with the following:

      (1)   The fair market value as determined by the Board based upon the market value of the land as a part of the subdivision, not as raw acreage, in compliance with the current practice of the County Assessor;

      (2)   If the subdivider objects to the evaluation, the subdivider may, at the subdivider’s own expense, obtain an appraisal of the property by a qualified real estate appraiser from the general area, approved by the County, which appraisal may be accepted by the Board if found reasonable; or

      (3)   The County and subdivider may agree to the fair market value.

   (i)   Combination of Park Land and Fees Required. When only a portion of the required park land is dedicated as required in Subdivision (g), above, a fee computed in compliance with Subdivision (f), above shall be paid for any additional land that would have been required to be dedicated.

(Ord. 4011, passed - -2007)

   The requirements of this Chapter shall be complied with prior to the approval of the parcel map or final map, the provision of park land in whole or in part, the payment of a park fee, or by a combination of both as required by the Advisory Agency.

   (a)   Subdivider. At the time of filing a tentative map, parcel map, or minor subdivision plot plan for approval, the subdivider shall, as part of the filing, state in writing whether it is desired to dedicate property for park and recreational purposes or to pay a fee in lieu of dedication. If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract or parcel map as submitted.

   (b)   Action of the Advisory Agency. At the time of the tentative tract map approval, the Advisory Agency shall determine as part of the approval, whether to require a dedication of the land within the subdivision, payment of a fee in lieu of dedication, or a combination of both.

   (c)   Prerequisites for Approval of Parcel and Final Maps. Where dedication is offered and accepted, it shall be accomplished in compliance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the County or Local agency prior to the approval of the parcel map or final map.

   (d)   Determination of Dedication or Fees. The Advisory Agency shall determine whether to require land dedication, payment of a fee in lieu of dedication, or a combination of both, by consideration of the following criteria:

      (1)   The Open Space Element of the General Plan;

      (2)   The access, geology, location, and topography of land in the subdivision available for dedication;

      (3)   The shape and size of the subdivision and the land available for dedication; and

      (4)   The desires and plans of the public agency which will provide the services.

   (e)   Compliance with Applicable Plans. Park and recreational areas where required shall be developed in conjunction with any bikeway, equestrian, and pedestrian linkage ways and in compliance with the County’s Conservation and Open Space policies and any applicable community or specific plans.

   (f)   Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a proposed subdivision and the space is to be privately owned and maintained by the future residents of the subdivision, the areas shall be credited up to 75 percent against the requirement of a dedication for park and recreation purposes, as identified in § 89.02.030(g), above, or the payment of fees in lieu of dedication, as identified in § 89.02.030(f), above; provided, the Advisory Agency finds it is in the public interest to do so, and that the following standards are met:

      (1)   The court areas, yards, setbacks, and other open areas required to be maintained by the building, land use district, and zoning regulations shall not be included in the computation of private open space;

      (2)   The private ownership and maintenance of the open space is adequately provided for by written agreement;

      (3)   The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract;

      (4)   The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration factors which include access, geology, location, shape, size, and topography of the private open space land; and

      (5)   The facilities proposed for the open space are in substantial compliance with the provisions of the General Plan, and are approved by the Commission.

(Ord. 4011, passed - -2007)

   The provisions of this Chapter do not apply to the following types of development:

   (a)   Condominium Projects. Condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old, when no new dwelling units are added;

   (b)   Industrial Subdivisions. Industrial subdivisions;

   (c)   Parcel Maps for Shopping Centers. Parcel maps for a subdivision containing less than five parcels for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses; and

   (d)   Parcel Maps for Nonresidential Developments. Subdivisions containing less than five parcels and not used for residential purposes; provided, that a condition shall be placed on the approval of the parcel map that if a Building Permit is requested for construction of a residential structure(s) on one or more of the parcels within four years of approval, a fee in compliance with this Chapter shall be paid by the owner of each parcel as a condition of the issuance of the Building Permit.

(Ord. 4011, passed - -2007)

   (a)   Purpose of Chapter. The purpose of this Chapter is to require the payment of transportation facilities fees for new development that is within the boundaries of an adopted Local Area Transportation Facilities Plan.

   (b)   Purpose of Fees. The fees shall be for the purposes of defraying the actual or estimated costs of constructing transportation facilities that are necessary to accommodate vehicular traffic generated by new development within the Local Area Transportation Facilities Plan from which the fees are collected.

   (c)   Authority for Chapter. The authority for this Chapter is derived from the power granted to local governments by the Constitution of the State of California to preserve the public health, safety, and general welfare.

(Ord. 4011, passed - -2007)

   (a)   Applicable Within Local Area Transportation Facilities Plan. The provisions of this Chapter shall only affect those unincorporated portions of the County that are located within the boundaries of an adopted Local Area Transportation Facilities Plan.

   (b)   Duties of the Board. The Board, in adopting or amending a Local Area Transportation Facilities Plan, shall do all of the following:

      (1)   Identify the purpose of the fee.

      (2)   Identify the uses which are supportive of the fee and the transportation facilities which will be provided with the fees.

      (3)   Confirm that a reasonable relationship exists between:

         (A)   The fee’s use and the type of development project on which the fee is imposed;

         (B)   The need for the transportation facilities and the type of development project on which the fee is imposed; and

         (C)   The amount of the fee and the cost of the transportation facility, or portion thereof, attributable to the development on which the fee is imposed.

   (c)   Major Thoroughfares and Bridges. The transportation facilities which constitute major thoroughfares as identified in Government Code § 66484 and the canyons, freeways, railways, or streams for which bridges are required, shall be identified in the circulation, transportation, or flood control element of the General Plan in the area of the Local Area Transportation Facilities Plan at least 30 days prior to implementation of a fee for the facilities. Major thoroughfares shall be in addition to, or a reconstruction of, existing major thoroughfares, and bridges shall be original bridges or additions to existing bridges.

   (d)   Compliance with Government Code §§ 66004 and 66484 Required. Local Area Transportation Facilities Plans and/or the transportation facilities fee may be adopted by the Board, and thereafter amended at any time, only after holding a public hearing. The requirements of Government Code § 66004 shall be followed prior to holding a public hearing establishing or increasing a fee for transportation facilities, and, if major thoroughfares or bridges are included, the provisions of Government Code § 66484 shall also be followed.

   (e)   Filing of Written Protests by Property Owners. A public hearing concerning fees to construct major thoroughfares or bridges is subject to protest by the owners of property within the plan area. If, prior to the conclusion of a public hearing, there is a written protest, filed with the Clerk of the Board, by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned, and the Board shall not, for the 12 months following the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition in compliance with Government Code § 66484.

   (f)   Recordation of Fee Ordinance. Adopted Local Area Transportation Facilities Plans and any subsequent amendment of the plans shall be filed with the Clerk of the Board and any ordinance which implements a fee for major thoroughfares or bridges within a Local Area Transportation Facilities Plan shall be recorded with the San Bernardino County Recorder’s Office.

(Ord. 4011, passed - -2007)

   (a)   Transportation Facilities Fees Required. Except as otherwise provided in § 89.03.070 (Exclusions), below, whenever a structure or mobilehome Setdown Permit is issued within the boundaries of an adopted Local Area Transportation Facilities Plan, transportation facilities fees shall be required in the amount specified in the Schedule of Fees for the plan, and shall be paid within the time periods specified in Subdivisions (b), (c), and (d), below.

   (b)   Fees Required by a Building Permit. Fees required in compliance with this Chapter as a result of a Building Permit shall be paid no earlier than the date of issuance of the Building Permit by the Office of Building and Safety, and no later than the date of final building inspection.

   (c)   Fees Required by a Mobilehome Not in a Mobilehome Park. Fees required in compliance with this Chapter for those mobilehomes not located within a legally established Mobilehome Park shall be paid no earlier than the date of issuance of the mobilehome Setdown Permit and not later than the date of the issuance of the Certificate of Occupancy.

   (d)   Fees Required by a Mobilehome in a Mobilehome Park. Fees required in compliance with this Chapter for those mobilehomes to be located within a legally established Mobilehome Park shall be paid no earlier than the date of issuance of the Building Permit for the construction of each space or combination of spaces, and no later than the date of final inspection for the spaces.

   (e)   Compliance with Schedule of Fees. The amount of the fee required shall be that which is in effect in the Schedule of Fees for the applicable Local Area Transportation Facilities Plan on the date of payment of the fees.

(Ord. 4011, passed - -2007)

   (a)   Local Transportation Facilities Fund.

      (1)   Transportation facilities fees required in compliance with this Chapter, within the boundaries of a Local Area Transportation Facilities Plan, shall be deposited into a Local Transportation Facilities Fund.

      (2)   A separate fund shall be established for each Local Area Transportation Facilities Plan and fees collected within the boundaries of the plan shall be deposited into the applicable fund.

      (3)   Any interest income earned by money in the fund shall also be deposited in the fund.

      (4)   The fees shall cease to be required within the boundaries of a Local Area Transportation Facilities Plan when they have been collected in an amount adequate to pay for all of the transportation facilities proposed in the plan.

   (b)   Use of Funds. Monies in a Transportation Facilities Fund shall be expended solely for the construction, financing, or purchase of transportation facilities within the boundaries of the Local Area Transportation Facilities Plan from which the fees comprising the fund were collected, and/or to reimburse the County for the cost of engineering, property acquisition, and administrative services required to construct, design, finance, or purchase facilities in the Local Area Transportation Facilities Plan.

   (c)   Monies Advanced by the County. Monies may be advanced by the County to construct, design, finance, or purchase transportation facilities, or related administrative services, and to acquire necessary property or rights-of-way within the boundaries of an adopted Local Area Transportation Facilities Plan. Money so advanced shall be reimbursed to the County from the applicable Local Transportation Facilities Fund.

(Ord. 4011, passed - -2007)

   (a)   Fees Shall Not Exceed Estimated Cost of Providing the Facilities. Fees assessed on new residential and nonresidential development within the boundaries of an adopted Local Area Transportation Facilities Plan shall not exceed the estimated cost of providing the transportation facilities identified in the applicable Local Area Transportation Facilities Plan. For the purposes of this Chapter, the types of structures and/or uses defined as nonresidential shall be as specified in each separate Local Area Transportation Facilities Plan.

   (b)   Calculation in Compliance with Plan. Specific fees required for new development shall be calculated as prescribed by the applicable Local Area Transportation Facilities Plan.

(Ord. 4011, passed - -2007)

   (a)   Advances.

      (1)   An agreement may be entered into between a developer and the County whereby the developer may advance money for the construction, financing, or purchase of facilities, or design of the facilities, within the boundaries of a Local Transportation Facilities Plan; provided, the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing in the applicable Local Transportation Facilities Fund.

      (2)   Reimbursement shall only be for the amount agreed upon in advance, and shall not include interest or other charges.

      (3)   The total amount of money reimbursed within a Local Area Transportation Facilities Plan for one fiscal year shall not exceed approximately 25 percent of the fees collected within the plan area during the same fiscal year, except as may otherwise be provided in the applicable Local Area Transportation Facilities Plan.

      (4)   The agreement shall expire 20 years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to the developer whose agreement has expired.

   (b)   Agreements for Consideration In-lieu of Fees. An agreement may be entered into between a developer and the County whereby considerations (e.g., dedication of land, right-of-way, actual construction, equipment, facilities, or design work by a civil engineer) may be accepted in-lieu of part or all of the payment of transportation facilities fees. Prior to approving an agreement, the Board shall find that the in-lieu consideration is equal to or greater in value than the required fee.

(Ord. 4011, passed - -2007)

   (a)   Intent of Exclusions. The intent of this Section is to exclude from the payment of transportation facilities fees the replacement of structures or uses with new structures or uses, that generate the same or a lesser amount of vehicular traffic than those being replaced on the same parcel, including:

      (1)   Legally established existing structures, or uses in operation (including mobilehome parks), on the effective date of the applicable Local Area Transportation Facilities Plan. Expansion of the structures or uses shall be subject to the fees.

      (2)   Replacements of structures or uses for which fees have been paid in compliance with this Chapter where the replaced structure or use generates the same or less traffic as the structure or use for which the fees were originally paid.

   (b)   Residential Exclusions. No transportation facilities fees shall be required for residential Building Permits or residential mobilehome Setdown Permits for the following activities:

      (1)   Alterations, construction, and repairs of accessory storage buildings, carports, garages, patio covers, spas, swimming pools, amateur radio devices or earth stations, boundary or decorative fences, or any other residential accessory structures.

      (2)   Replacement of a legally established residential dwelling unit, including a unit involuntarily destroyed or damaged by fire, flood, or other accidents or catastrophe; provided, that:

         (A)   The replacement will not result in an increase in the number of residential dwelling units; and

         (B)   The proposed type of residential dwelling unit (e.g., single-family, multi-family, mobilehome, etc.) is within a fee category, as identified in the applicable Local Area Transportation Facilities Plan, for which the per dwelling unit fee amount is less than or equal to the per dwelling unit amount of the fee category for the dwelling unit to be replaced. If the proposed type of residential dwelling unit is within a fee category for which the fee amount is greater than the amount of the fee category for the dwelling unit being replaced, the amount of the fee required shall be the difference between the two fee categories.

   (c)   Nonresidential Exclusions. No transportation facilities fees shall be required for nonresidential uses or structures for the following activities:

      (1)   Alterations and repairs.

      (2)   Replacement of nonresidential structures or uses if:

         (A)   New or replacement construction will not increase the area or square footage upon which fees are assessed as prescribed in the applicable Local Area Transportation Facilities Plan; and

         (B)   The proposed type of structure or use is within a fee category (as identified in the applicable Local Area Transportation Facilities Plan) that has a fee amount that is less than or equal to the amount of the fee category for the structure or use to be replaced. If the proposed type of structure or use is within a fee category that has a fee amount that is greater than the amount of the fee category for the structure or use being replaced, the amount of the fee required shall be the difference between the two fee categories.

   (d)   Relationship to Other Transportation Facilities Assessments.

      (1)   The provisions of this Chapter shall not be applicable to property subject to other assessments which wholly provide for the same transportation facilities as the applicable Local Transportation Facilities Plan.

      (2)   Where the assessments partially provide for the facilities, the fees or in lieu considerations required through the Local Area Transportation Facilities Plan shall be imposed at a level that only reflects the additional costs of providing the facilities.

(Ord. 4011, passed - -2007)

   (a)   Refund of Unexpended or Uncommitted Fees. Commencing on the seventh year after impositions of a fee for a Local Area Transportation Facilities Plan and annually thereafter, the Board shall hold a hearing with respect to any portion of the fee remaining unexpended or uncommitted five or more years, and shall refund to the then owners of parcels or units in development projects within the plan areas on a prorata basis any unexpended or uncommitted fees plus interest accrued thereon, for which the Board is unable to demonstrate a reasonable relationship between the need for the fee and the purpose for which it was charged. Refunds shall be made in compliance with Government Code § 66001.

   (b)   Refund of Surplus Monies. After completion of facilities and the payment of all claims from any Local Transportation Facilities Fund, the Board shall determine by resolution or other legislative action the amount of the surplus monies, if any, remaining in any of these funds. Any surplus shall be refunded in compliance with Government Code § 66001.

(Ord. 4011, passed - -2007)

   The provisions of this Chapter shall be applied only to unincorporated areas within the boundaries of Local Area Transportation Facilities Plans that have been established by the Board, and shall have no force or effect in any other portion of the County. The fees, plan areas, regulations, and rules are contained in the associated texts of each Local Area Transportation Plan.

(Ord. 4011, passed - -2007)