Chapter 8.64 — OVERSIZED CONSTRUCTION

OVERSIZE shall mean improvements installed by a subdivider or developer, hereinafter referred to as “applicant”, as a condition of project approval that are of a supplemental size, capacity, number or length for the benefit of property not within the subdivision or development, and are dedicated to the public. If such condition is imposed, provision for reimbursement to the applicant, in the manner provided by the Subdivision Map Act, shall be contained in the subdivision improvement agreement entered into pursuant to these regulations, or in a separate development agreement, prior to any work being undertaken. Determination of oversize shall be in accordance with the applicable provisions of this code. (1995 Code, § 8.64.010) (Ord. 12-08, passed 8-21-2012)

(A) Whenever improvements are required to be installed adjacent to property other than that being developed or in greater size or capacity than that required for the development of the property under consideration, the applicant installing the improvements may be eligible to enter into a reimbursement agreement with the city if the following conditions are satisfied: (1) The city and applicant agree that the improvements significantly benefit and serve property that is not within the subdivision or site development area; (2) All anticipated oversize improvement costs have been reviewed and approved by the City Engineer, and included in the subdivision improvement agreement or separate development agreement, prior to the start of their construction; (3) The improvements are included in the city’s development impact fee program as a fee generating component, unless otherwise authorized by City Council; (4) The city and applicant enter into a reimbursement agreement in a form approved by the City Attorney; and

(5) The applicant submits evidence of the actual costs of the improvements described in the reimbursement agreement as follows: (a) Evidence shall be provided in the form of receipted bills, canceled checks, or contracts, and shall be subject to the review and approval of the City Engineer. (b) Evidence shall be submitted within 90 days of the city’s acceptance of the improvements by notice of completion. If the required evidence is not submitted within this time period, the applicant shall not be eligible for any reimbursements under this ordinance. (B) The reimbursement agreement shall generally include the following: (1) All oversize costs which are to be reimbursed to the applicant; (2) The circumstances surrounding the installation of the improvements; (3) The party or parties to which reimbursement is to be made; (4) That transfer of reimbursement rights requires an amendment to the agreement, and is subject to City Council approval; (5) The method of calculating interest; (6) The effective date of the agreement; and (7) Other provisions appropriate for the execution of the intent of reimbursement for oversize. (C) Reimbursement shall be made from a fund established by the city pursuant to Cal. Gov’t Code § 66487 and in accordance with any of the provisions provided for therein. Reimbursements shall be made subject to the availability of funds, and in accordance with the following: (1) For improvements funded through the city’s development impact fee program, the city shall not be required to reimburse more money than is identified and collected through the development impact fee program as improvement costs attributable to new development. (2) Reimbursements shall be made only when the city collects sufficient funds from the developers of new projects, notwithstanding any provision of any law, this code or the reimbursement agreement. Failure or error by the city resulting in funds not being collected will not subject the city to any liability, obligation or debt owed the original developer. (1995 Code, § 8.64.020) (Ord. 12-08, passed 8-21-2012; Ord. 06-2026, passed - -2006)

Oversize costs eligible for reimbursement, subject to the limitations set forth in § 8.64.020(C), shall be as follows: (A) For improvements that are of a supplemental size, capacity or number, eligible costs shall be based on the actual cost of materials and equipment installed for the benefit of property not within the subdivision or development. Where a difference in pipe size is involved, eligible oversize costs shall be limited to the additional material and equipment costs. (B) Eligible costs for excessive right-of-way dedications shall be the fair market value based on the property’s zoning and state of improvement at the time the right-of-way is first specified as a condition of development approval. (C) The costs of engineering, staking, compaction tests and all fees paid to the city, county or state shall be excluded from eligible oversize cost calculations, except for that portion of the inspection fees that can be directly attributed to the oversized portion of the improvements. (1995 Code, § 8.64.030) (Ord. 12-08, passed 8-21-2012)

Interest shall be paid on the remaining principal and shall be at a variable rate compounded annually. The interest rate used for each calendar year shall not exceed the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month. (1995 Code, § 8.64.040)

If any section, division, paragraph, sentence, clause or phrase of this chapter is held to be unconstitutional or invalid or ineffective by any court or tribunal of competent jurisdiction, the decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof. (1995 Code, § 8.64.050)