Madera County Municipal Code Ch. 17.58 Reimbursement for Offsite Supplemental Improvements

This chapter implements Government Code Sections 66485 through 66489, providing for offsite supplemental improvements and providing for reimbursement for those improvements.

(Ord. No. 649, § 1, 5-18-10).

The county may require that improvements installed by the developer for the benefit of a project or development contain supplemental size, capacity, number, or length for the benefit of property not within the development or project, and that those improvements be dedicated to the public. Supplemental length may include minimum sized offsite lines, sewer or water.

(Ord. No. 649, § 1, 5-18-10).

The project developer shall be required to provide an engineered study that will establish an area of benefit to identify properties benefited by offsite improvements.

(Ord. No. 649, § 1, 5-18-10).

In the event the county requires the project developer to install supplemental improvements, the county will enter into an agreement with the project developer to reimburse the project developer from the amounts collected in a supplemental improvement account for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the project/development.

(Ord. No. 649, § 1, 5-18-10).

In order to pay the costs as required by the reimbursement agreement, the county may:

A. Collect from other persons, to the extent permitted by law, including public agencies, using such improvements for the benefit of real property not within a particular project or development, a reasonable charge for the use of such improvements.

B. Contribute to the project developer that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited together with interest thereon, if any, paid to the project developer.

C. Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited.

D. From the amounts collected from the property benefited by the improvements pursuant to this chapter the county may allocate a five percent administrative fee payable to the county to reimburse it for the cost to administer the reimbursement.

(Ord. No. 649, § 1, 5-18-10).

For supplemental facilities within a local drainage or sanitary sewer area the county may adopt the plan and map as provided for in Section 66483 of the Government Code and impose a reasonable charge on property within the area which, in the opinion of the board of supervisors, is benefited by such drainage or sanitary sewer facilities. The charge collected must be paid to the county for payment to the project developer constructing such drainage or sanitary sewer facilities, if the county enters into a reimbursement agreement with the project developer.

(Ord. No. 649, § 1, 5-18-10).

The county may establish an area of benefit pursuant to Section 66484 of the Government Code and may impose a reasonable charge on property within the area which in the opinion of the board of supervisors, is benefited by the construction of the road or bridge or other roadway or intersection improvement. The charge collected shall be paid to the local agency for payment to the project developer constructing the road, bridge, or other roadway or intersection improvements. Any local agency having jurisdiction over any property which, in the opinion of the board of supervisors, is benefited by the construction of the road, bridge, or other roadway or intersection improvements may enter into a reimbursement agreement with the project developer.

(Ord. No. 649, § 1, 5-18-10).