§ 4.56.070. Credits.

A.

Where a developer improves those regional streets identified in Section 4.56.090 beyond the requirements established in subsection B of this section, the developer shall receive a credit against the transportation uniform mitigation fee. To receive a credit, the developer shall obtain in advance an agreement with CVAG pursuant to CVAG's rules and regulations. That credit shall be an amount equal to the actual engineering and construction costs incurred at the time of the development to the extent that CVAG has included those costs in its estimated cost of constructing the regional system.

B.

The fees required by this chapter shall be in addition to any fees, conditions or exactions for on-site and off-site improvements imposed upon projects pursuant to state and local laws, ordinances, or administrative policy which may authorize the imposition of conditions, fees or exactions on development and the developer shall not be entitled to any credits for such fees, conditions or exactions.

C.

If a developer constructs, or is required by the county to construct, any portion of the regional network as identified in Section 4.56.090 in excess of that required to meet standard street requirements as provided by local ordinances, municipal codes, and the county's general plan, the developer shall be entitled to a credit for the cost of such excess construction. All such construction on the regional network must have the approval of CVAG as to plans and detailed cost estimates.

D.

Should the credit exceed the applicant's total fee, the difference may be credited against any of the applicant's future development within five years which would be subject to the fee. The credit may not be refunded in cash.

E.

Should a developer provide improvements which benefit adjacent undeveloped land, the developer may be reimbursed for a proportionate share of the cost of such improvements contingent upon future fees contributed from other benefited developments and pursuant to special agreements made in advance with CVAG and in accordance with CVAG's rules and regulations.

(Ord. 673 § 7, 1989)