Sec. 110.28.060. - Accounting and use of development impact fees.

The city shall establish separate accounts for each category of development impact fee established by the city council and deposit development impact fees collected into the appropriate account. The money deposited into these accounts, and any interest earnings thereon, shall be used solely for the public facilities for which the development impact fees were imposed. Development impact fees may be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the city to finance such public facilities.

(Ord. No. 2025-07, § 1(Exh. A), 8-13-2025)

Sec. 110.28.070. - Credits and reimbursements.

(a)

Credits. An owner who constructs public facilities may receive a credit against the corresponding development impact fee otherwise owed for the development project only if the owner submits a timely written request and obtains approval from the city through a credit agreement. The owner shall submit a written request for any such credit concurrently with submitting improvement plans for the public facilities. The owner and the city must enter into a credit agreement prior to the issuance of a building permit for the development project for the owner to receive a credit against the applicable development impact fees. Failure to enter into a credit agreement prior to the issuance of a building permit shall be deemed a waiver of any request or claim for credit. The agreement must estimate the cost of constructing the public facilities, the schedule for the completion of the public facilities, a requirement that the public facilities be constructed to city standards, and such other terms and conditions as deemed necessary by the city.

(b)

Reimbursements. If an owner constructs a public facility the city may reimburse the owner for the costs of the public facility in excess of what is needed to provide services to or mitigate the impacts of the development project only if the owner submits a timely written request and obtains approval from the city through a reimbursement agreement. The owner shall submit a written request for any such reimbursement concurrently with submitting improvement plans for the public facilities. The owner and the city must enter into a reimbursement agreement prior to the issuance of a building permit for the development project for the owner to receive a reimbursement. Reimbursement will be made only after the city has accepted the public facilities as complete. The city shall not reimburse an owner out of the city's general fund or any other city funds other than the subject development impact fee fund.

(c)

Maximum credit and reimbursement. Any credit agreement or reimbursement agreement that implements this section shall document the maximum amount of credit and/or reimbursement available to the owner which shall not exceed the city's reasonable estimate of the city's cost of providing the public facilities.

(d)

Credit and reimbursement policy. The city council may, from time to time, adopt by resolution a development impact fee credit and reimbursement policy implementing the provisions of this section.

(e)

Execution of agreements. The city manager may approve and sign any agreements authorized by subsections (a) through (c) of this section, provided the agreement is consistent with this section any policy adopted by the city council pursuant to subsection (d) of this section.

(Ord. No. 2025-07, § 1(Exh. A), 8-13-2025)

CHAPTER 110.32. - RESERVED[[16]]

Footnotes:

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Editor's note— Ord. No. 21-06, § 1, adopted August 25, 2021, repealed ch. 110, §§ 110.32.010— 110.32.140, which pertained to single-family rental property registration, inspection and crime-free rental

housing program and derived from Ord. No. 2013-13, § 2, adopted October 23, 2013; Ord. No. 2020-01, § 1, adopted Feb. 26, 2020.