A. Facilities built by developers shall be built to ultimate capacity, including lining the sides of the facilities as described in the Master Plan of Drainage, unless specifically conditioned otherwise. Where approved by the City Engineer and the Community Development Director, partial improvements may be constructed that are consistent with the ultimate improvements but can be reasonably further improved at a later date. (Master Plan facilities are intended as "soft-bottom" facilities to allow for percolation.) Facilities shall also be designed with vehicular access structures downstream of each road crossing to allow for access for maintenance.
B. Credits against fees and Reimbursement Agreements for capital expenditures consistent with the Master Plan of Drainage and this Chapter shall be subject to the review and approval of the City Engineer and Community Development Director and may be considered up to one hundred (100) percent of the eligible cost for construction of Master Plan Facilities. This would include "dry", all weather, one hundred (100)-year crossings built to ultimate capacity which are included in the Background Report for Fees. Reimbursement Agreements shall require City Council approval.
C. Credits and reimbursements shall be limited to costs as defined in the Background Report for Fees. Credits and reimbursements for "crossings" shall be limited to "dry", all weather, one hundred (100)-year crossings identified in the Background Report and shall not exceed amounts determined by the City Engineer based on amounts included in the Background Report for Fees.
D. The City will consider Reimbursement Agreements for construction of Master Plan Facilities, including "dry", all weather, one hundred (100)-year crossings identified in the Background Report, subject to the following:
1. Reimbursement Agreements for projects subject to the fifty (50) percent fees between April 25, 2005 and January 1, 2006 shall be limited to fifty (50) percent of the construction costs in excess of any credits.
2. Reimbursement Agreements shall require approval of the City Council.
3. Reimbursement Agreements shall not exceed a period of ten (10) years, after which they shall expire, even if all expenditures have not been reimbursed.
E. Development fees collected for Master Drainage Plan facilities shall be apportioned as follows:
1. Fifty (50) percent shall be reserved for critical facilities as determined by the City Council.
2. Fifty (50) percent may be allocated for reimbursements within the "watershed" of the specific channel in which the project is located.
3. Priority for reimbursements shall be at the discretion of the City Council. Reimbursements typically will be apportioned on a pro-rata basis within each "watershed" for each project which has a Reimbursement Agreement.
F. All design and construction must be approved by the City Engineer. The City reserves the right to collect fees and design and construct facilities under City supervision rather than allowing the developer to construct facilities.
G. The City Council may authorize alternative facilities that achieve the same purpose as a Master Plan facility that would be eligible for credits, reimbursements, and expenditure of fees for Master Plan Drainage facilities.
[Ord. No. 440, adopted 10/26/05.]