§ 26-98-740. Alternative method and compliance with other laws.

(a)

Sections 26-98-700 through 26-98-790, inclusive, are intended to establish a supplemental method for funding the cost of certain facilities and services, the need for which will be generated by the level and type of development proposed in the Larkfield development fee impact area. The provisions of these sections shall not be construed to limit the power of the county to impose any other fees or exactions, but shall be in addition to any other requirements which the county is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings, or other entitlements within the Larkfield development fee impact area pursuant to state and local laws.

(b)

The development fees established for this area are necessary for the mitigation of significant impacts which will be created by future development in the Larkfield development fee impact area. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area-wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with cumulative environmental impacts generated by such project.

(c)

Rezonings in the Larkfield development fee impact area are subject to the condition subsequent that the fees imposed by Sections 26-98-700 through 26-98-790, inclusive, will be paid. Failure to pay such fees shall result in a violation of this condition subsequent and entitle County to pursue such remedies as may be available to it by law.

(Ord. No. 4817, 1994.)