A. This chapter is intended to establish a supplemental method for funding the costs of certain public facilities, services and infrastructure, the demand for which is reasonably related to and thereby reasonably resulting from the level and type of new development proposed in the town general plan.
B. The provisions of this chapter shall not be construed to limit the power of the town council to impose any other fees or exaction or to continue to impose existing obligations on the right to development within the town, but shall be in addition to any other requirements which the town council is authorized to impose, or has previously imposed, as a condition of approving a plan, a development, rezoning, or other entitlement. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities, and other exactions required by, but not limited to, town codes, public improvement design standards, and other applicable documents, and to mitigate environmental impacts caused by development pursuant to the California environmental quality act.
C. The town council may adopt a special benefit zone for the purpose of assessing a development impact fee when it finds that a townwide development impact fee is not sufficient to meet the needs for new public facilities in a localized area of the town. Any such change, as an additional development impact fee, must comply with the applicable provision of the state mitigation fee act, beginning with Government Code section 66000. The resolution or ordinance adopting the development impact fee within a special benefit zone shall include the method of calculation or formula for determining the amount of credit to be applied to the applicable townwide development impact fee, or provide that the fee shall be in addition to the applicable townwide development impact fee, without any credit or offset. (Ord. 173, 11-10-2005)