§ 914-2.012. Reimbursement for supplemental capacity storm drain improvements.

The county may require that a developer install storm drain improvements for the benefit of the development that may contain supplemental size, capacity, number, or length for the benefit of property not within the development and that such improvements shall be dedicated to the public. In the event of the installation of such improvements, the county shall enter into an agreement with the developer to reimburse the developer for that portion of the cost of such improvements equal to the difference between the amount it would have cost the developer to install such improvements to serve the development only and the actual cost of such improvements. Nothing set forth in this section shall prohibit the county from denying a development where reimbursement funds are unavailable and the developer refuses to construct the improvements necessary to mitigate impacts of the proposed development at his or her cost.

(a)

The county may utilize any of the following methods to pay the cost of administration and reimbursement:

(1)

Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the development, a reasonable charge for such use;

(2)

Contribute to the developer that part of the cost of the improvements that is attributable to the benefit of real property outside development and levy a charge upon the real property benefited to reimburse itself for such cost paid to the developer;

(3)

Establish and maintain local benefit areas for the levy and collection of such charge or costs from the property benefitted;

(4)

Condition as part of the entitlement process property outside the development to pay their proportionate share of costs of such facilities attributed to their benefit.

(b)

This section will not apply to storm drain facilities as identified on adopted Contra Costa County, flood control and water conservation district drainage area maps and flood control zone maps and plans that qualify for drainage area fees, credits, or reimbursements.

(Ord. 97-44; Gov. Code § 66485 and § 66486)