Section
4.12.010 Definitions.
4.12.020 Purpose.
4.12.022 Applicability.
4.12.030 Receipt of application.
4.12.040 City staff analysis.
4.12.050 Public hearing.
4.12.060 Notification.
4.12.070 Advance financing resolutions and agreements.
4.12.080 Advance financed reimbursement.
4.12.090 Disposition of advance financed reimbursements.
4.12.100 Recording.
4.12.110 Public improvements.
4.12.120 Multiple public improvements.
The following are definitions for the purposes of this chapter and for the purposes of any advance financing agreement entered into pursuant hereto and for any actions taken as authorized pursuant to this chapter or otherwise:
Advance Financing means a developer’s or city’s payment for the installation of 1 or more public improvements installed pursuant to this chapter which benefiting property owners may utilize upon reimbursing a proportional share of the cost of the improvement.
Advance Financing Agreement means an agreement between a private developer and the city, as authorized by the Council and executed by the City Administrator, which agreement provides for the installation of and payment for advance financed public improvements, and may in the agreement require the guarantee or guarantees as the city deems best to protect the public and benefiting property owners, and may make other provisions as the Council determines necessary and proper.
Advance Financing Resolution means a resolution passed by the Council and executed by the Mayor designating a public improvement to be an advance financed public improvement and containing provisions for financial reimbursement by benefiting property owners who eventually utilize the improvement and other provisions as determined in the best interest of the public by the Council.
Benefiting Property Owner means the fee holder of record of the legal title to real property which, by virtue of installation of an advance financed public improvement, may be served, all or in part, by the same. Where real property is being purchased under a recorded land sales contract, then the purchasers shall also be deemed owners.
Developer means the city, an individual, a partnership, a joint venture, a corporation, a subdivider, a partitioner of land or any other entity, without limitation, who will bear, under the terms of this chapter, the expense of construction, purchase, installation or other creation of a public improvement.
Proportional Share means the amount of the advance financed reimbursement due from the benefiting property owner calculated in accordance with § 4.12.080B.
Public Improvement means the following:
1. The grading, graveling, paving or other surfacing of any street; or opening, laying-out, widening, extending, altering, changing the grade of or constructing any street;
2. The construction of sidewalks;
3. The construction or upgrading of any sanitary or storm sewer; and/or
4. Any other public improvement authorized by the Council.
The purpose of this chapter is to ensure orderly new development by providing methods to finance necessary public improvements so that these necessary public improvements are installed concurrent with or before the new development occurs; to allow the city to require that new development pay the installation cost of these necessary public improvements; to assure that these necessary public improvements are installed in accordance with adopted public facilities plans; and to reimburse developers and/or the city for a share of costs incurred if a development or improvement provides access to public improvements for other benefiting property owners.
A. In accordance with § 16.06.120B. of the Land Development and Planning Ordinance, the Planning Commission may condition approval of subdivisions, land partitions and conditional use permits to require that the applicant construct necessary public improvements for the development. When the development is to occur at locations where approved master planning documents show new public improvements are necessary, the Planning Com- mission may condition approval of subdivisions, land partitions and conditional use permits to require that the applicant enter into an advance financing agreement when the Commission deems the agreement will best protect the public and promote the general welfare of the city. The applicant, at his or her option, may alternatively elect to be reimbursed by negotiating with the public service provider for reimbursement of oversized public improvements, where provisions for the negotiations exist; by completing the public improvement without reimbursement; or by a combination of methods.
B. In accordance with § 4.12.020, the City Council may determine that an advance financed public improvement will best protect the public and promote the general welfare of the city by ensuring orderly new development. In the absence of a development application, the Council may, by motion, designate the city or other public entity as the developer and direct the City Administrator to prepare an advance financing application.
The Council will receive applications, accompanied by an application fee that the Council may, from time to time, set by resolution, for advance financed public improvements, and submit the applications to the Public Works Department. The fee will be applied against the cost of administrative analysis of the proposed advance financed public improvements for the cost of notifying the property owners, and for recording cost and the like. When the city or other public entity is the developer, the Council shall, by motion, direct the City Administrator to submit the application to the Public Works Department without fee. Applications for advance financed public improvements are expected to be submitted and approved prior to start of work; however, applications will be accepted for a period of 6 months after start of work for the public improvement.
(Am. Ord. 1327, passed 5-19-2010)
Upon receipt of the advance financed public improvements application, the Public Works Department shall make an analysis of the advance financed public improvements proposal and shall prepare a report to be submitted to the City Administrator for Council review and discussion and public hearing. The report shall include a map showing the location and area of all benefiting properties. The report shall also include the City Engineer’s estimate of the total cost of the advance financed public improvement.
Within a reasonable time after the Public Works Department has completed its analysis, an informational public hearing shall be held in which all parties and the general public shall be given the opportunity to express their views and ask questions pertaining to the proposed advance financed public improvement. Since advance financed public improvements do not give rise to assessments, the public hearing is for informational purposes only and is not subject to mandatory termination due to remonstrances. The Council has the sole discretion after the public hearing to decide whether or not an advance financing resolution shall be passed.
Not less than 10 nor more than 30 days prior to any public hearing being held pursuant to this chapter, the developer, all benefiting property owners and the general public shall be notified of the hearing and the purpose thereof. Public notice shall be accomplished by a written notice posted at City Hall and other conspicuous locations as the Council may determine to be appropriate, and by a written notice published in a newspaper of general circulation in the community, once in either of the 2 consecutive weeks prior to the hearing. Notification of benefiting property owners shall also be accomplished by regular mail, or by personal service. If notification is accomplished by mail, notice shall be made on the date that the letter of notification is posted. Failure of any owner to be so notified shall not invalidate or otherwise affect any advance financing resolution or the Council’s action to approve or not to approve the same.
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