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)