Sec. 21-159. - Use of funds.

(a)

Funds collected from library facility development impact fees shall be used to acquire, construct, and install library facilities or reimburse costs of previously constructed facilities.

(b)

No funds collected pursuant to this ordinance shall be used for periodic or routine maintenance.

(c)

Funds may also be used to pay debt service on bonds or similar debt instruments to finance the acquisition, construction and installation of related equipment to the library facilities.

(d)

Funds may also be used to offset the cost of administration of the fund including audits, yearly accounting and reports, and other costs associated with maintaining the fund.

(Ord. No. 4314, § 1)

Sec. 21-160. - Developer construction of facilities.

In lieu fee credit for the construction of library facilities and service improvements is allowable under the following conditions:

(a)

Only the costs of library facilities listed on, or exempted from, the applicable library capital improvement plan shall be eligible for in-lieu credit.

(b)

With prior approval of the planning and development director or department director designee, an in-lieu credit of fees may be granted for actual construction costs (or a portion thereof) of library facilities provided by the developer.

(c)

If the actual construction cost is greater than the required relevant fees, the county shall have no obligation to pay the excess amount.

(d)

An amount of in-lieu credit that is greater than the specific fee(s) required under this ordinance may be reserved and credited toward the fee of any subsequent phases of the same development or subdivision, if such credit is determined to be appropriate and timely, and approved in advance by the planning and development director.

(e)

If an applicant is required, as a condition of approval for a discretionary permit, to construct any off-site library facilities, and the cost of the facilities is determined to exceed the fee due under this ordinance, a reimbursement agreement may be offered in writing by planning and development director. The reimbursement agreement shall contain terms and conditions approved by the planning and development director, auditor-controller, county counsel and the board of supervisors. This section shall not create any duty to offer a reimbursement agreement.

(f)

Library facilities specifically required exclusively to serve a project or subdivision shall not be eligible for inlieu fee credit.

(g)

A developer or subdivider seeking credit and/or reimbursement for construction or improvements of facilities, or dedication of land or rights-of-way, shall submit documentation acceptable to the planning and development director to support the request for credit or reimbursement. The planning and development director shall determine whether the facilities or improvements are eligible for credit or reimbursement, and the amount of such credit or reimbursement due the developer or subdivider if so eligible.

(h)

Any claim for credit must be made at or before the time of application for a building permit. Any claim not so made shall be deemed waived.

(i)

Exemptions, credits, reductions, adjustments, or waiver of fees shall not be transferable from one project or subdivision to another without the board of supervisors' approval.

(j)

Determination made by the planning and development director pursuant to this section 21-160 may be appealed to the board of supervisors by filing a written request with the clerk of the board, together with a fee established by the board of supervisors, within ten working days of the determination of the planning and development director.

(Ord. No. 4314, § 1)

Sec. 21-161. - Condition for refunds.

(a)

If a permit upon which a fee was based expires without commencement of construction, the applicant shall be entitled to a refund of the library facility development impact fee(s) paid, with any interest accrued thereon, as a condition for the issuance of the permit. The feepayer shall submit a written request for a refund to the planning and development director within two years after the expiration date of the permit. Failure to timely submit a request for a refund may constitute a waiver of any right to a refund.

(b)

The planning and development director shall report to the board of supervisors, once each fiscal year, any portion of library facility development impact fees remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. In accordance with Government Code Section 66001, the board of supervisors shall make findings once each fiscal year on any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to (1) identify the purpose to which the fee is put; (2) demonstrate a reasonable relationship between the fee and the purpose for which it is charged; (3) identify all sources and amounts of funding anticipated to complete financing of the library facilities and; (4) designate the approximate dates on which the funding is deposited into the appropriate account.

(c)

For all unexpended or uncommitted fees for which the findings set forth in subsection (b) cannot be made, the county shall refund to the current record owner or owners of lots or units of the development project(s) on a prorated basis the unexpended or uncommitted fees, and any interest accrued.

(d)

If the administrative costs of refunding unexpected and uncommitted revenues collected pursuant to this ordinance exceeds the amount to be refunded, the board of supervisors, after a public hearing, for which notice has been published pursuant to Government Code Section 66001 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected pursuant to Government Code Section 66001 et seq. and that serves the project on which the fee was originally imposed.

(Ord. No. 4314, § 1)