(a) A subdivider shall install sewer improvements for the benefit of the subdivision that contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and dedicate the supplemental improvements to the public if: (1) the property to be subdivided has or will have sewer improvements that will be dedicated to the public use and become part of the publicly maintained sewer system, (2) other properties in the sewer basin when developed will need to connect to the subdivider's improvements in order to connect to a County sanitation district or County sewer maintenance district's sewer facilities and (3) requiring the subdivider to install supplemental sewer improvements will facilitate future connections from other properties in the sewer basin to the appropriate County sanitation district or County sewer maintenance district's facilities, and will benefit the public.
(b) In determining the supplemental sewer improvements a subdivider shall install, the County shall estimate the supplemental amount needed for future developments based on available projections for the full build out of the applicable sewer basin. The County may rely on: (1) any approved sewer master plan for the County sanitation district or County sewer maintenance district the property to be subdivided is eligible to connect with, (2) the County General Plan, (3) any approved Specific Plans or tentative maps or (4) any available environmental impact reports or any other public or private projections the County deems reliable that forecast probable developments for the full build out of the applicable sewer basin.
(c) A subdivider shall install flood control improvements for the benefit of the subdivision that contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and dedicate the supplemental improvements to the public under any of the following circumstances:
(1) The property to be subdivided is located within an area served by the County Flood Control District Special Drainage Area (SDA) and: (A) the approved drainage facility master plan for that SDA identifies one or more properties in the vicinity of the proposed subdivision, that when developed, will be required to connect with the district's facilities, and (B) requiring the subdivider to install supplemental improvements will facilitate future connections from other properties identified in the drainage facility master plan to the district's flood control facilities and benefit the public.
(2) The property to be subdivided is located within an area served by the San Diego County Flood Control District and: (A) there are no flood control facilities to accommodate the project within the drainage basin where the property is located and (B) requiring the subdivider to install supplemental improvements will facilitate future connections from other properties in the drainage basin to the district's flood control facilities and benefit the public.
(3) The property to be subdivided has or will have on-site drainage improvements that will be dedicated to the public use and become part of the publicly maintained flood control system and: (A) other properties in the vicinity when developed will need to connect to the subdivider's improvements in order to connect to the San Diego County Flood Control District facilities and (B) requiring the subdivider to install supplemental drainage improvements will facilitate future connections from the other properties in the vicinity to the district's facilities and will benefit the public.
(d) In determining the supplemental flood control improvements a subdivider shall install, the County shall estimate the supplemental amount needed for future developments based on available projections for the full build out of the applicable drainage basin. The County may rely on any approved drainage facility master plan for the applicable SDA, the County General Plan, any approved Specific Plans or tentative maps or any available environmental impact reports or any other public or private projections the County deems reliable that forecast probable developments for the full build out of the SDA basin.
(e) When a subdivider is required to install supplemental improvements as provided in subsections (a) or (c) the County shall enter into a reimbursement agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. The County may pay for the costs required by the reimbursement agreement by any method allowed under Government Code section 66487.
(Added by Ord. No. 4992 (N.S.), effective 11-10-77; repealed and reenacted by Ord. No. 5899 (N.S.), effective 11-6-80; amended by Ord. No. 8690 (N.S.), effective 7-5-96; amended by Ord. No. 10037 (N.S.), effective 3-26-10)