A. Reimbursement Obligation. Any developer of property located within the city who is required to construct and install storm drainage facilities incident to the approval of a tentative map, tentative parcel map or certificate of compliance authorizing the subdivision of property or incident to the issuance of a building permit authorizing construction of a building or structure, shall be entitled to a reimbursement, paid by the city out of the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter, for the cost of any portion of such storm drainage facilities which are in excess of that reasonably required to serve the property within the subdivision approved by such tentative map, tentative parcel map or certificate of compliance, or reasonably required to serve the property improved with the building or structure authorized by such building permit, all as determined by the director.
B. Reimbursement Agreement. Any reimbursements for the oversizing costs of storm drainage facilities required by this section shall be made in accordance with the terms and conditions of a written reimbursement agreement between the city and the developer, which shall provide for the payment to the developer of a portion of the revenues received by the city from the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in incremental amounts reasonably calculated to reimburse the developer for such oversizing costs over a stipulated period between 15 and 30 years in duration, beginning the date the storm drainage facilities are completed and accepted by the city, all as determined by the director. Such agreement shall be in a form approved by the city attorney, and shall be executed on behalf of the city by the city manager or the city manager's designee at the time of approval of the final map, final parcel map, or certificate of compliance in the case of subdivisions approved by a tentative map, tentative parcel map or certificate of compliance, or at the time of the issuance of a certificate of occupancy in the case of a building or structure authorized by a building permit.
(Ord. 1956 §1 (part), Ord. 2158 §4, Ord. 2364 §94)