14.25.030 Application for development reimbursement agreement.
(1) Application Required. An application for developer reimbursement agreement must be submitted upon a form provided by the City prior to approval by the City.
(a) Street system improvement approval shall for the purpose of this section be the date the City authorizes the construction to occur by granting a permit, extension agreement, or written authorization to proceed; or
(b) Utility system improvement approval shall for the purpose of this section be the date the City authorizes execution of a utility extension agreement, or written authorization to proceed.
(c) Such application shall contain the following information which shall be approved by a State of Washington licensed engineer:
(i) A legal description of the developer’s property.
(ii) A legal description of the properties within the developer’s proposed assessment reimbursement area, together with the names and addresses of the owners of such property as shown on the records of the Assessor’s Office of Franklin County.
(iii) Vicinity maps of the developer’s property.
(iv) The developer’s proposed assessment reimbursement area and general location of the system improvements to be included.
(v) The developer’s proposed allocation of the costs of construction to the individual properties within the proposed assessment reimbursement area and the method used for such allocation.
(vi) Construction drawings or as-built drawings as required by the Public Works Department.
(2) Street System Improvements.
(a) At the developer’s request, by written application, the City may enter into a developer reimbursement agreement for the construction of qualifying street system improvements required as prerequisite for further property development in order to recover a pro rata share of the costs of construction from other property owners that will later derive a benefit from the street system improvements made by developer.
(b) Developer reimbursement agreements for road or street construction shall meet the following criteria:
(i) New street construction or reconstruction of existing streets meeting the arterial street standards to include concrete curb and gutter; or
(ii) Partial new street construction or reconstruction of an existing street to City arterial street standards on streets that do not abut real property owned by the developer.
(iii) Unless the City provides written notice to the developer of its intent to request a Comprehensive Plan approval, the developer must request a Comprehensive Plan approval for street system improvements, if required.
(iv) Acceptance of the street system improvement must be conditioned upon:
(A) Construction of the street system improvements according to the plans and specifications approved by the City;
(B) Inspection and approval of the street system improvements by the City;
(C) Transfer to the City of the street system improvements, without cost to the City, upon acceptance by the City of the street system improvements;
(D) Full compliance with the developer’s obligations under the agreement and with the City’s rules and regulations;
(E) Provision of sufficient security to the City to ensure completion of the street system improvements and other performance under the agreement;
(F) Payment by the developer to the City of all of the City’s costs associated with the street system improvements including, but not limited to, engineering, legal, and administrative costs;
(G) Verification and approval of all agreements and costs related to the street system improvements; and
(H) Within 120 days of acceptance by the City of the street system improvements, the developer must submit the total costs of the street system improvements to the City. This information will be used as the basis for determining reimbursements by future users who benefit from the street system improvements, but who did not contribute to the original cost of such improvements.
(3) Utility System Improvements.
(a) At the developer’s request, by written application, the City will enter into a developer reimbursement agreement for the construction or improvement of qualifying utility system improvements or facilities in order to recover a pro rata share of the costs of the construction of such improvements or facilities from other property owners that will later connect to and derive a benefit from the improvements made by a developer.
(b) Developer reimbursement agreements for utility system improvements shall meet the following criteria:
(i) Utility system improvements constructed or improved in accordance with this subsection must be located within the City’s corporate limits or, except as provided otherwise by this subsection, within 10 miles of the City’s corporate limits.
(ii) Unless the City provides written notice to the developer of its intent to request a Comprehensive Plan approval, the developer must request a Comprehensive Plan approval for utility system improvements, if required.
(iii) Connections of the sewer water facility to the municipal system must be conditioned upon:
(A) Construction of the utility system improvements according to plans and specifications approved by the City;
(B) Inspection and approval of the utility system improvements by the City;
(C) Transfer to the City of the utility system improvements, without cost to the City, upon acceptance by the City of the utility system improvements;
(D) Full compliance with the developer’s obligations under the agreement and with the City’s rules and regulations;
(E) Provision of sufficient security to the City to ensure completion of the utility system improvements and other performance under the agreement;
(F) Payment by the developer to the City of all of the City’s costs associated with the utility system improvements including, but not limited to, engineering, legal, and administrative costs;
(G) Verification and approval of all agreements and costs related to the utility system improvements; and
(H) Within 120 days of the completion of utility system improvements, the developer must submit the total cost of the utility system improvements to the City. This information will be used as the basis for determining reimbursements by future users who benefit from the water or sewer improvements, but who did not contribute to the original cost of such improvements.
(c) The City shall not permit a developer reimbursement agreement under this subsection until determination has been made by the City for payment of utility oversizing costs or reimbursement of the developer for the construction costs of all or a portion of the improvements.
(d) Except as provided in subsection (3)(c) of this section, all costs of the construction of the improvements and facilities of utility system improvements shall be borne by the developer.
(4) The Public Works Department shall within 28 days after receipt of the request provide the developer written notice whether the application is complete and, if incomplete, what must be done for the application to be considered complete. The developer shall within 30 days from the date of the written notice respond and provide the information required to complete the application or, if the developer cannot submit the required information within the 30-day period, the developer shall provide the City a written explanation of why they cannot provide the information within the designated time period and a date that the requested information will be submitted. In its discretion, the Public Works Department may grant the developer an extension of not more than 60 days to submit the required information. If the developer fails to meet the foregoing time frame, the Public Works Department may, in its discretion, reject the application as untimely.
(5) The Public Works Director shall establish policies and procedures for processing applications and complying with the requirements of this chapter.
(6) The City, prior to approval, shall provide notice of the City’s intent to participate in the funding of the improvements either under RCW 35.72.050, RCW 35.91.020, or under subsection (3)(c) of this section. [Ord. 4156, 2014; Ord. 3709 § 1, 2004; Code 1970 § 14.12.030.]