Irvine Municipal Code Ch. 13 Supplemental Improvements; Reimbursement Agreements

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number, or length for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision map; and thereafter to dedicate such improvements to the public. Supplemental length may include minimum sized off-site sewer lines necessary to reach a sewer line in existence at that time. In the event the subdivider is required to install such improvements, the City shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the costs of such improvements, including an amount attributable to interest, in excess of the construction required for the subdivision.

(Ord. No. 09-03, § 5, 4-28-09)

A. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 5-5-109 of this division is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

B. In addition to the notice required above, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least 10 days prior to the date established for hearing.

(Ord. No. 09-03, § 5, 4-28-09)

If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this division, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this division. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares; and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein.

(Ord. No. 09-03, § 5, 4-28-09)