§ 12.60

Where a subdivider is otherwise lawfully required by the City to construct public improvements which are off-site or oversized and benefit other property as a condition to the development or a lot or lots, such as lot splits, minor subdivisions, and subdivisions, the City may establish a benefit district to reimburse the subdivider for the portions of such improvements which directly benefit the other properties. The developer shall request the City, in writing, to establish a benefit district provided the criteria established in this

chapter are met. Such request shall be made before the improvement plans are approved by the City. Upon receiving the request, if, in the opinion of the City Engineer, lands other than the subdividers are benefitted by the improvements, and it is economically feasible to form such a district, the City Engineer shall order the establishment of the district.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-15.101)

Upon the establishment of a benefit district by the City, the subdivider will be reimbursed for the cost of the improvements directly benefitting the lands of others. Such reimbursements shall be subject to the following conditions.

(a)

Benefit area. The City Engineer shall determine the limits of the benefit areas.

(b)

Reimbursement fees. The City shall collect a reimbursement fee, including an amount attributable to interest, from the remaining properties within the benefit area at the time the owner of any such property secures a City building permit.

(c)

Size of reimbursement fee. The reimbursement fees shall be based upon the calculations and engineering data approved by the City Engineer. The actual reimbursement shall be adjusted to reflect the actual project construction costs, plus fifteen (15%) percent which the City shall withhold to cover the costs of the administration of the district. The project construction costs may also include design, contract administration and other related costs when them are added costs specifically due to the oversizing. The actual construction costs shall be verified by the City.

(d)

Disbursements to subdividers. Disbursements by the City to subdividers shall be made semiannually after the formation of the district, but no sooner than the City's receipt of the reimbursement fees from others.

(e)

Terms. The term of the benefit district shall be not more than ten years after the date of the establishment of the district. If full reimbursement has not been made by the end of the term, or any extension granted

under subsection (f), the subdivider will not be entitled to further reimbursements.

(f)

Extensions. The subdivider may apply for one or more extensions for up to a total of ten (10) additional years. If circumstances have changed, the City shall re-evaluate the scope and boundaries of the benefit district before granting such an extension. The applicant is responsible for the costs of re-evaluation and reasonable City administrative costs for processing and administering the extended benefit district.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-15.102)

12.60.030 - Enforcement of benefit district fee collections.

The City shall endeavor to collect the reimbursement fee from those owners within the benefit area at the time of the issuance of building permit. However, by entering into a reimbursement agreement, the City shall not be deemed an insurer or guarantor for the collection or payment to the applicant of any reimbursement charge or otherwise guarantee the collection and payment over to the applicant of any reimbursement charge.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-15.103)

12.60.040 - Benefit district obligations.

The obligations of the benefit district shall apply to and be binding upon all successors in interest in the ownership of the lands within the benefit district. The right to reimbursement shall be personal and shall not run with the land.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-15.104)

12.60.050 - Recording the benefit district area and obligations.

If the subdivider wishes the establishment of the district and the benefit area and obligation to be recorded in the office of the County Recorder against the benefitted properties, the additional procedures in this section apply.

The subdivider shall have prepared: (1) an analysis of the area of benefit by a registered civil engineer, (2) the estimated costs of the improvements, and (3) the proposed document to be recorded which identifies the benefit area and the obligations under this chapter.

The City Engineer shall notify in writing all of the property owners in the proposed benefit area and shall set a time and place for a hearing on the proposed benefit district. At the hearing, the City Engineer shall consider the written and oral testimony presented. If the city engineer determines that the proposed benefit area and costs are reasonable, he or she shall establish the benefit district, and record its establishment and obligations in the office of the County Recorder.

The costs of establishing the district, including evaluating the area of benefit and costs, conducting the hearing and recording the district are the responsibility of the subdivider.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-15.105)

Title 13 - DEVELOPMENT IMPACT FEES

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