Colfax Municipal Code Ch. 3.44 Fair Share Payments for Improvements

The city council finds establishment of a fair share payment for infrastructure improvements and street extension of Whitcomb Avenue consistent with the following goals of the Colfax General Plan 2020:

A. 2.6.2A. Develop criteria for utility extension that includes economic feasibility, environmental sensitivity and enforcement of the general plan land use diagram.

B. 2.2.6D. Require new development to pay a pro-rate share of city infrastructure development/maintenance.

(Ord. 466 § 1, 2000)

Each owner of real property to benefit at the time of development of the real property from off-site infrastructure improvements and street extension financed in whole or in part by the city and other agencies shall pay to the city their pro rate or fair share, reimbursement amount for the improvements. Effected parcels are shown on Exhibit A attached to the ordinance codified in this chapter and listed as primary benefiting parcels or other benefiting parcels. The maximum reimbursement payment shall be based on that owner's percentage of the determined design and construction costs of the off-site improvements, not to exceed four hundred sixty-two thousand five hundred dollars ($462,500.00). Fair share payments shall be activated by granting of a discretionary permit(s) for property development pursuant to this code. The fair share shall be pursuant to the negotiated amount and established payment schedule with individual property owners as a condition of project approval. There shall be no interest charged for the cost of off-site improvements, until issuance of construction permits. Off-site improvements include, but are not limited to, sanitary sewer lines, water lines, drainage, electrical and communications; and street extension improvements consisting of pavement, curbs and gutters.

(Ord. 466 § 2, 2000)

In the event the property development will result in the creation of jobs, within one year following the completion of the infrastructure improvements the property owner, at the time of payment of the fair share fees, shall execute a first source hiring agreement, giving preference to hiring Colfax residents for the jobs created, with fifty-one (51) percent or more of the jobs to be filled by low to moderate income persons.

(Ord. 466 § 3, 2000)

The ordinance codified in this chapter shall be recorded as notice to owners of record of primary benefiting parcels and other benefiting parcels as shown on Exhibit A attached to the ordinance codified in this chapter.

(Ord. 466 § 4, 2000)