Sec. 21-112. - Use of fees and dedicated land.

The director of county parks shall develop a schedule specifying how, when and where the county will use the land or fees (or both) to develop park and recreational facilities. Consideration shall be given to spending the funds in the neighborhoods where they are generated whenever possible. All fees collected under this ordinance shall be committed within five years of payment of said fee or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed without interest and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

(Ord. No. 4317, § 1)

Sec. 21-113. - Local agencies.

In cases where the county determines that park and recreational facilities to serve the subdivision should be or are provided by a local agency other than the county, the county may require that land be dedicated or fees be paid to such other local agency if the local agency agrees to accept the land or fees. In such an event, the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the county and such local agency in accordance with the terms and conditions of this ordinance and such local agency shall develop the land or use the fees in the manner provided herein.

(Ord. No. 4317, § 1)

Sec. 21-114. - Limitation on use of land and fees.

The land and fees received under the provisions of this ordinance shall be used only for the purpose of providing park and recreational facilities to serve the subdivision in accordance with the principles and standards contained in California law, the Santa Barbara County general plan, and administrative guidelines developed by the county parks department.

(Ord. No. 4317, § 1)

Sec. 21-115. - Automatic annual adjustments.

Each fee imposed by this ordinance shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1, 1999, by a percentage equal to the appropriate Consumer Price Index (CPI) issued by the United States Department of Labor, Bureau of Labor, Consumer Price Index, or its successor or comparable index, for the preceding twelve months.

(Ord. No. 4317, § 1)

Sec. 21-116. - Fee revision by resolution.

The amount of each fee established pursuant to this ordinance may be set and revised periodically by resolution of the board of supervisors. This ordinance shall be considered enabling and directive in this regard.

(Ord. No. 4317, § 1)

Sec. 21-117. - Superseding provisions.

This ordinance supersedes County Ordinances No. 3339 and 3656.

(Ord. No. 4317, § 1)

Sec. 21-118. - Severability.

If any section, phrase, sentence, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision; and such holding shall not affect the remaining portions of this ordinance.

(Ord. No. 4317, § 1)

Sec. 21-119. - Effective date.

Pursuant to California Code Section 66017(a), this ordinance shall be in full force and in effect sixty days after the date of its adoption by the board of supervisors.

(Ord. No. 4317, § 1)

Sec. 21-120. - Publication.

The clerk of the board is hereby authorized and directed to publish this ordinance by one insertion in the Santa Barbara News-Press, the Lompoc Record, the Santa Ynez Valley News, and the Santa Maria Times, and all other newspapers of general circulation within Santa Barbara County, within fifteen days of its adoption by the board of supervisors.

(Ord. No. 4317, § 1)

Secs. - 21-121—21-122. Reserved.

Division 2. - Development Mitigation Fees for Parks in Connection with Residential Development Projects which do not Involve the Subdivision of Land[[5]]

Footnotes:

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Editor's note— Ordinance 4348 codified in this division 2 originally added sections 21-115 through 21120.12. Said ordinance was editorially renumbered to fit with this article's existing numbering system.