A. With the approval of the City, and provided the conditions of section 15-63 of the County ordinance apply, the applicant may be allowed or required to pay PCBMP fee in lieu payment. Payment into a PCBMP fee in lieu program shall be made prior to the issuance of a stormwater management certification.
B. PCBMP fee in lieu payment shall be made to the appropriate fee in lieu program that identifies reasonable and rational cost to construct and maintain similar PCBMPs for those areas of the development that remain without effective water quality treatment.
C. If approved by the City, the payment rate due from an owner- developer to the City for the payment of a fee in lieu of a PCBMP shall be five hundred dollars ($500.00) per one thousand (1,000) square feet of net new impervious area.
D. PCBMP funds collected shall be separately accounted for in watershed planning area accounts. Funds shall be used in the same watershed planning areas as collected solely to design, construct, and maintain water quality or runoff volume reduction improvements. Funds may not be used to fulfill obligations required by the ordinance.
E. The City shall provide accounting on an annual basis of all funds deposited in each watershed planning account and shall account for each fund on a first in, first out basis.
F. The City may prioritize and allocate funds on an annual basis within each watershed planning area account.
G. All BMP fee in lieu payments shall be refunded to the person who paid the fee, or to that person's successor in interest, in accordance with section 15-97.B.6 of the County ordinance, when the City fails to encumber that development's fees collected within ten (10) years of the date on which such fees were collected.
H. Refunds shall be made provided that the appropriate party files a petition with the City within one year from the date on which such fees are required to be encumbered. (Ord. O2017-38, 6-19-2017)