(a) The Director may allow the payment of a fee-in-lieu of on-site stormwater storage to fulfill all or part of the on-site stormwater storage requirement.
(b) The following fee-in-lieu of stormwater storage procedures shall be used by the Director for requiring and collecting fee-in-lieu of revenues for stormwater storage requirements in this article:
(1) The applicant may submit a written request for the payment of a fee-in-lieu of on-site stormwater storage to fulfill all or part of the on-site detention requirements established by this article. A request for fee-in-lieu of on-site stormwater storage shall be either rejected or approved by the Director within 45 days of the written request unless additional engineering studies are required.
(2) Fee-in-lieu of on-site stormwater storage shall be the estimated construction cost of the applicant’s proposed and approved on-site stormwater storage, including land costs, as approved by the Director.
(c) A fund will be maintained by the County for the purpose of identifying and controlling all revenues and expenditures resulting from fee-in-lieu of on-site stormwater storage approvals. All fee-in-lieu of on-site stormwater storage revenues received from each watershed shall be deposited in these funds for use within that watershed.
(d) Fee-in-lieu of on-site stormwater storage revenues may be used to plan, design or construct an upgrade to existing or future stormwater management systems if the upgrades are consistent with a stormwater master plan, floodplain study or stormwater system improvement that has been approved the Director.
(e) All fees shall be refunded to the person who paid the fee, or to the person’s successor in interest, whenever the County fails to encumber the fees collected within 10 years from the date on which such fees are collected. Refunds shall be made provided the person, who paid the fee, or that person’s successor, files a request with the County for the return of the fees within 1 year from the date on which the fees are required to be encumbered.
(Ord. 4281, passed 5-5-2009; Ord. passed 5-5-2015)