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(a) Developer Agreement.
(1) When required for the implementation of an adopted Local Area Drainage Plan, an agreement may be entered into between a developer and the County whereby the developer may advance money for the construction of facilities, or design of the facilities within a Local Area Drainage Plan. Subject to the restrictions in Subdivision (a)(2), below, the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing in the appropriate Planned Drainage Facilities Fund. Reimbursement shall be for the amount agreed upon in advance only and shall not include interest or other charges. The agreement shall expire 15 years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to a developer whose agreement has expired.
(2) The County may designate that up to 25 percent of the funds collected in a Planned Drainage Facilities Fund be utilized for reimbursement for any agreement entered into in compliance with Subdivision (a)(1),above. Other than the amount so designated by the County, Planned Drainage Facilities Funds shall not be used as reimbursement for any agreements authorized by Subdivision (a)(1), above.
(b) Consideration in Lieu of Payment of Drainage Fees. An agreement may be entered into between a developer and the County whereby considerations (e.g., actual construction, dedication of right-of-way, or design work by a civil engineer) may be accepted in lieu of part or all of the payment of drainage fees, and the Board shall first find that the alternative is acceptable and is equal to or greater in value than the required fee, prior to approving an agreement.
(c) Exemptions from Drainage Fees. Drainage fees shall not be required as a condition of Building Permits on existing developed parcels for:
(1) Maintenance and repair of existing improvements.
(2) Reconstruction, when permits are issued within two years of the destruction of a structure due to earthquakes, fire, vandalism, wind, or other natural or man-made disasters.
(3) Construction of carports, garages, patio covers, storage buildings, swimming pools, and similar structures, accessory to a single-family residence.
(4) Other construction or reconstruction which does not involve grading causing an increased rate of runoff when the construction or reconstruction falls within the boundaries of the rectangle described in § 89.01.040 (Drainage Fee Calculation), above, as the “area of the developed portion of the parcel,” as it existed prior to the effective date of an applicable area drainage plan. The applicant shall be responsible for providing sufficient information to establish that the proposed grading would not increase the rate of runoff. Assessment of fees due to grading shall apply only to that portion of the parcel on which grading would contribute to an increased rate of runoff.
(d) Credit for Prior Payment. If a drainage fee for a parcel, or portion thereof, has been previously paid, credit shall be given for prior payment toward any fee payment required by this Chapter.
(e) Chapter Not Applicable to Other Assessments for Same Facilities. The provisions of this Chapter shall not be applicable to property subject to other assessments for the same drainage facilities.
(Ord. 4011, passed - -2007)