Isleton Municipal Code Ch. 3.56 Financial Plan for Development Projects

A. The city is in the process of planning for future growth of the city in areas that are within the city boundary, and in areas that may be annexed to the city in the future. A critical element of land use planning is the development of a plan to finance public infrastructure, as defined in this chapter, that is needed to serve new development and to address impacts of development on existing infrastructure and on the environment.

B. It is contemplated that financing for infrastructure will consist of a combination of mechanisms, including but not limited to development impact fees, assessment districts, special taxes, and other available methodologies. This will require extensive nexus and other technical studies in advance of development of a financing plan.

C. It is possible that landowners and developers will desire to prepare and file applications for entitlements to develop land in advance of approval by the city council of an infrastructure financing plan, following determination of the nature and extent of infrastructure that will be required.

D. In order to allow consideration and potential approval of applications for, land use entitlements in advance of approval of a financing plan, it is necessary that each discretionary land use entitlement be conditioned with a requirement that the landowner and developer execute a written agreement that binds them to full and complete participation in the infrastructure financing plan when adopted by the city council, and irrevocably commits them to payment of estimated development fees with a secured covenant to pay in the future any different between the estimated fees paid and the actual fees, when imposed by the city council pursuant to the infrastructure financing plan.

E. This chapter specifies a requirement that each discretionary entitlement that is approved for a private development project be conditioned with a requirement that the landowner and developer execute a written agreement contains those provisions that are specified herein.

(Ord. No. 88)

The following terms shall, for the purpose of this chapter, have the meanings specified:

A. Land use entitlement shall mean any entitlement required for private development of land, where the city council has full discretion to approve, conditionally approve, or deny an application for the entitlement relating to annexation of land to the city, general or specific plan establishment or amendment, zoning or rezoning (including planed use developments), development agreements, tentative parcel maps or subdivision maps, special permits, or similar entitlements.

B. Infrastructure plans shall mean a plan that is approved by city council and that specifies all public infrastructures required for development of the land that is covered by the plan.

C. Public infrastructure shall include, but not be limited to roads and streets; sewer trunk and collection facilities, together with any necessary pumping or treatment facilities; drainage and flood control facilities, including without limitation conveyance facilities, pumping facilities, levees and associated facilities; electrical, natural gas, telephone, and other required utility facilities; facilities required for protection of environmental values, including without limitation all necessary environmental and/or habitat protection studies, measures, and facilities.

D. Financing plan shall mean a written comprehensive plan for private funding of the costs of all public infrastructure determined to be necessary for development of the land covered by the financing plan, as specified in the infrastructure plan, together with private funding for maintenance costs associated with the public infrastructure and other improvements such as landscaping along roadways. The financing plan shall include no city general funds contributions, but can contain municipal financing mechanisms such as assessment districts, special tax districts, maintenance districts, and development impact fees.

E. Financing plan agreement shall mean a written agreement prepared by the city attorney, that contains provisions including, but not limited to the following:

1. A requirement for full, complete, good faith participation by landowners in each and every requirement contained in a financing plan when the plan is adopted;

2. A specification that "participation" means good faith cooperation and strict adherence to all provisions of the financing plan, including payment of monies in the amounts required when required.

3. A requirement for appropriate waiver of protest rights, whether those rights are statutory or constitutional, as to the formation of financing districts and establishment of an impact fee structure, and as to the amounts required to be paid pursuant to any of the financing mechanisms specified in the financing plan.

4. A requirement that the landowner and developer pay estimated fees pending final approval of a financing plan, and that they pay "catch-up" fees or other fee differentials between the estimated and the actual fees, once the financing plan is adopted by the city council and the fees have been established by city council action.

5. Such other provisions as may be required by resolution of the city council or by the city manager or the city attorney.

(Ord. No. 88)

No application for a land use entitlement shall be approved unless the landowner and developer of the land covered by the application have executed a financing plan agreement that contains all of the requirements set forth in section 3.56.020 above.

(Ord. No. 88)

Each landowner and developer who has executed a financing plan agreement shall pay estimated development impact fees pending approval of the financing plan. Once the plan is adopted, and the city council has adopted development impact fee ordinance and resolutions, landowners and developers shall pay any difference between the estimated fees paid and the actual amount of the fees as specified by city council resolutions.

(Ord. No. 88)