In-lieu fee credit for the construction of transportation facilities and service improvements
is allowable under the following conditions:
(a)
Only the costs of transportation or transit facilities listed on, or exempted from,
the applicable transportation improvement plan shall be eligible for in-lieu credit.
(b)
With prior approval of the director of public works or his/her designee, an in-lieu
credit of fees may be granted for actual construction costs (or a portion thereof)
of transportation or transit facility provided by the developer.
(c)
Actual construction costs do not include design costs or the cost of environmental
review. If the actual construction cost is greater than the required relevant fees,
the county shall have no obligation to pay the excess amount.
(d)
An amount of in-lieu credit that is greater than the specific fee(s) required under
this chapter may be reserved and credited toward the fee of any subsequent phases
of the same development or subdivision, if such credit is determined to be appropriate
and timely, and approved in advance by the director of public works.
(e)
If an applicant is required, as a condition of approval for a development permit or
a final subdivision map, to construct any off-site transportation or transit facility,
and the cost of the facility is determined to exceed the fee due under this ordinance,
a reimbursement agreement may be offered in writing by the director of public works.
The reimbursement agreement shall contain terms and conditions approved by the public
works director, auditor-controller, county counsel and the board of supervisors. This
section shall not create any duty to offer a reimbursement agreement.
(f)
Transportation and transit facilities specifically required exclusively to serve a
project or subdivision shall not be eligible for in-lieu fee credit.
(g)
A developer or subdivider seeking credit and/or reimbursement for construction or
improvements of facilities, or dedication of land or rights-of-way, shall submit documentation
acceptable to the public works director to support the request for credit or reimbursement.
The public works director shall determine whether the facilities or improvements are
eligible for credit or reimbursement, and the amount of such credit or reimbursement
due the developer or subdivider if so eligible.
(h)
Any claim for credit must be made at or before the time of application for a land
use permit or final map approval. Any claim not so made shall be deemed waived.
(i)
Credits shall not be transferable from one project or subdivision to another without
board of supervisors' approval.
(j)
Determinations made by the public works director pursuant to this section may be appealed
to the board of supervisors by filing a written request with the clerk of the board,
together with a fee established by the board of supervisors, within ten working days
of the determination of the public works director.
