Norwalk Municipal Code Ch. 13.24 Reimbursement for Public Improvements

There may be imposed as a condition of approval of any zone change, development plan or precise plan of development for any property, a requirement that public improvements (including water, sewer, and similar public improvements) installed by the developer for the benefit of such property benefit other property by containing supplemental size, capacity or number, or otherwise providing a benefit for the other property, and that such improvements be dedicated to the public. If such condition is imposed, the City may enter into an agreement with the developer to reimburse the developer pursuant to the provisions of Section 13.24.020 for that portion of the cost of such improvements equal to the difference between the actual cost of the improvements and the amount it would have cost the developer to install such improvements to serve only his or her property, as determined by the City Engineer.

(Prior code § 12-12.1; Ord. 1493 § 1, 1999; Ord. 21-1722 § 2)

Any reimbursement agreement entered into pursuant to Section 13.24.010 shall set forth a description of the properties benefitted by the improvements (other than that of the developer), the amount to be reimbursed, and a fair method of allocating such amount to such properties, and shall provide that the City shall impose upon such properties as a condition of approval of any subdivision, zone change, development plan, building permit or precise plan approval, an obligation to reimburse the developer who installed the improvements, in amounts as specified in the agreement. Such agreement shall be effective for a period of 10 years or until the developer has been reimbursed in the amount set forth in the agreement, whichever occurs first.

(Prior code § 12-12.2; Ord. 1493 § 1, 1999; amended during 1999 codification; Ord. 21-1722 § 2)

Prior to approval of any reimbursement agreement, the City Council shall conduct a public hearing. Notice of such public hearing shall be given to each owner of property described in such agreement as benefitted by the public improvement, as identified on the last available assessment roll. At such public hearing the City Council shall determine the properties benefitted by the improvements, the amount to be reimbursed, and the method of allocating such amount to such properties.

(Prior code § 12-12.3; Ord. 1493 § 1, 1999; Ord. 21-1722 § 2)

Neither the provisions of this chapter nor the provisions of the reimbursement agreement shall be deemed to impose any obligation upon the City to reimburse any developer directly for any improvements required as a condition of approval of a zone change, development plan, building permit or precise plan. Nothing in this chapter shall be construed as requiring the City to enter into any reimbursement agreement, even though it may have required the installation of public improvements as a condition of approval.

(Prior code § 12-12.4; Ord. 1493 § 1, 1999; Ord. 21-1722 § 2)