(a) City may condition approval. Any incorporated city within the County may elect to condition any approval of an impacting development, including without limitation issuance of a building permit, on obtaining a County facilities and services authorization.
(b) City may certify. Irrespective of whether it conditions approval pursuant to subsection (a)of this section, a city may determine the use category and the number of gross square feet of a commercial improvement, or number of dwelling units in a residential project, and provide certification of its determination to the County, or to the applicant for transmission to the County, for the purpose of calculating the County facilities and services fee.
(c) City may collect. Any city which conditions approval pursuant to subsection (a)of this section may collect and pay over to the County the county facilities and services fee, in the amount specified in Section 3-14.04, for an impacting development within that city. No impacting development which pays in full to such a city, for the account of the County, the county facilities and services fee, shall be liable for payment of the fee to the County.
(d) City may issue authorization. Any city which collects the county facilities and services fee pursuant to subsection (c)of this section and pays said fee to the County Tax Collector shall issue the corresponding county facilities and services authorization.
(e) Administrative fee to City. Any city which collects the county facilities and services fee pursuant to subsection (c)of this section shall be entitled to retain the administration fee specified pursuant to Section 3-14.07. Any city which provides to applicants, or to the County, certification of the city’s calculation of the use category and number of gross square feet of a commercial improvement, or number of dwelling units, pursuant to subsection (b)of this section, shall be entitled to receive a portion of the administration fee specified pursuant to Section 3-14.07(a).
(f) County to defend. Upon reasonable notice by a city after notice of any claim or challenge, the County will defend, at its expense and with counsel of its choice, indemnify and hold harmless any city acting pursuant to this section with respect to any claim or challenge concerning the city’s actions hereunder, except to the extent of the city’s own willful misconduct or gross negligence.
(g) Liability for deficiency. No city which collects the County facilities and services fee pursuant to subsection (c)of this section, or provides certification pursuant to subsection (b)of this section, shall be liable to the County for any deficiency in the amount of the fee collected, so long as the city determines the square footage of commercial improvements and the number of dwelling units in residential projects consistently with its determination of other fees payable by the applicant to the city.
(§ 1, Ord. 1119, eff. May 30, 1991, and § 2, Ord. 1533, eff. February 11, 2021)