Article XI — Panhandle Impact Fee

The following definitions apply in this article:

• "Panhandle area" means the area consisting of approximately 589 acres identified in, and subject to, the Panhandle finance plan.

• "Panhandle facilities" means the infrastructure and facilities identified in the Panhandle finance plan.

• "Panhandle finance plan" means the Panhandle finance plan adopted by the city council on May 31, 2022 (Resolution No. 2022-0167), and any amendments approved by the city council.

• "Panhandle impact fee" means the fee established by section 18.56.1120 to finance the design, construction, installation, improvement, and acquisition of the Panhandle facilities.

"Panhandle infrastructure fund" means the infrastructure fund created by section 18.56.1130. (Ord. 2022-0016 § 1)

The Panhandle impact fee is established and imposed on all parcels located within the Panhandle area for the following types of development:

• A. New dwelling units, buildings, or structures.

• B. Additions to the commercial building area or residential building area of a building or structure.

• C. Changes in use of a building or structure. (Ord. 2022-0016 § 1)

• A. The Panhandle infrastructure fund is established. The city shall deposit all revenues generated by the Panhandle impact fee, and any interest earned on the fund balance, into the fund.

• B. The city shall use the Panhandle infrastructure fund to:

1. Finance the design, construction, installation, improvement, and acquisition of the Panhandle facilities.

2. Reimburse the city for administrative costs identified in the Panhandle finance plan.

3. Reimburse landowners and holders of development credits consistent with section 18.56.1140 and the Panhandle finance plan. (Ord. 2022-0016 § 1)

18.56.1140 Credits and reimbursements.

A. The city council, by resolution or agreement, may establish policies and procedures for issuance of development credits against the Panhandle impact fee for Panhandle facilities constructed by a landowner, or for reimbursement of the portion of a landowner's costs to construct Panhandle facilities that exceeds the landowner's Panhandles impact fee obligation, if the city has Panhandle infrastructure funds available to pay the reimbursement. The policies and procedures shall be consistent with the following:

1. A landowner may only construct infrastructure and facilities for development credits with advance approval by a written fee-credit or reimbursement agreement.

2. Development credits do not run with the land.

3. Development credits are transferrable through a transfer agreement signed by both parties and approved by the city.

• B. After the landowner constructs Panhandle facilities, the city manager shall determine the development credit or reimbursement amounts, if any, based on the terms of the fee-credit or reimbursement agreement. The landowner may appeal the city manager's decision as set forth in section 18.56.155. (Ord. 2022-0016 § 1)

If there is any conflict between a provision of this article and any other provision of this chapter, the provision of this article governs. (Ord. 2022-0016 § 1)