Sec. 21-194. - Exemptions.

The following will be exempted from payment of the park and recreational development impact fees referenced herein:

(a)

Any development project or subdivision that has no park and recreational facility impact, as defined by section 21-191(l) of this ordinance.

(b)

Any development project that does not require a building permit that allows for the erection, moving, alteration, improvement within the county.

(Ord. No. 4316, § 1)

Sec. 21-195. - Timing of fee payment.

(a)

Imposition of Fees.

(1)

The schedule of fees in effect on the date the vesting tentative map or vesting tract map for a development project is approved determines the applicable fee on the subject map. If there is no vesting map, the applicant pays according to the schedule of fees in place on the date the fees are paid.

(2)

When the applicant applies for a new permit following the expiration of a previously issued permit for a development project for which fees were paid, another fee payment is not required unless (i) the project has been changed in a way that alters its park and recreational impact, or (ii) the schedule of fees has been amended during the interim. In this event, the applicant pays the appropriate increase or decrease in the fees.

(3)

When fees are paid for a development project and the development project is abandoned without any further action beyond the obtaining of a permit or an approval, the payor shall be entitled to a refund of the fees paid, less a portion of the fees sufficient to cover costs of collection, accounting for and administration of the fees paid.

(b)

Payment of Fee.

(1)

Except as set forth in subsections (2) and (3) below, commercial and industrial park and recreational facility development impact fees shall be paid on the date the final inspection is approved.

(2)

For residential development containing more than one dwelling unit, the developer may request that the fees be paid in installments based on the phasing of their development project. The decision whether to allow installment payments shall be determined by the park director. Any fee installment shall be paid at the time when the first dwelling unit within each phase of development has received its final inspection.

(3)

The county shall require the payment of fees at an earlier time if the fees will be collected for public improvements of facilities for which an account has been established and funds appropriated and for which the county has adopted a proposed construction schedule or plan prior to final inspection, or the fees are to reimburse the local agency for expenditures previously made.

(4)

No building permit for any development project shall be issued unless a contract has been executed to pay the fees, and no final inspection for any development project shall be approved unless fees have been paid.

(Ord. No. 4316, § 1)