Article IV — Developer Constructed Facilities

The City and the developer of a Development Project subject to the requirements of this Chapter may enter into a credit and reimbursement agreement (agreement) to allow the developer to construct transportation or capital facilities (facilities) that would otherwise be funded in whole or in part by the impact fee. Whether to enter into such an agreement is within the sole and absolute discretion of the City. Subject to the agreement, the developer would receive a credit against the amount of the impact fee due by the Development Project, and possibly reimbursement from impact fees paid by other Development Projects, as determined by this Chapter. If the City decides to enter into such an agreement, it shall be based on the City's standard agreement template and comply with any requirements contained within the rules and regulations adopted by the City Administrator to implement this Chapter pursuant to Section 15.74.130. The agreement shall contain, at a minimum, provisions for the timing of the construction of the facilities, security to ensure construction of the facilities, amount of the credit, reimbursement procedures (if applicable), ownership of the facilities, requirements for acceptance of the facilities, maintenance responsibilities, guarantees of workmanship, insurance requirements and defense and indemnity. The developer shall obtain all necessary permits and approvals for construction of the facilities.

(Ord. No. 13853, § 2(Exh. C), 7-15-2025; Ord. No. 13366, § 4, 5-3-2016)

Article V - Miscellaneous

The City Administrator is hereby authorized to adopt rules and regulations consistent with this Chapter as needed to implement this Chapter, subject to the review and approval of the Office of the City Attorney, and to develop all related forms and/or other materials and take other steps as needed to implement this Chapter, and make such interpretations of this Chapter as he or she may consider necessary to achieve the purposes of this Chapter.

(Ord. No. 13366, § 4, 5-3-2016)

Where a conflict exists between the requirements in this Chapter and applicable requirements contained in other chapters of this Code, the applicable requirements of this Chapter shall prevail.

(Ord. No. 13366, § 4, 5-3-2016)

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(Ord. No. 13853, § 2(Exh. C), 7-15-2025; Ord. No. 13366, § 4, 5-3-2016)

Chapter 15.78 - PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT

15.78.010 - Title.

This Chapter shall be known as the "Public Art Requirements for Private Development" and is referred to herein as "this Chapter".

(Ord. No. 13443, § 3, 6-20-2017)