a. General. If a property owner is required to construct public improvements as a condition of approval of a proposed development and the required public improvements have the capacity and capability of serving and are designed to serve additional properties not within the proposed development and to directly benefit other properties in the vicinity, the property owner may apply to the Town for a reimbursement agreement as provided in this section.
b. Application. A person requesting a reimbursement agreement shall submit an application on a form provided by the Town and shall provide information as required by the Town Engineer, including the area of the proposed benefit district. The applicant shall also submit a proposed form of agreement.
c. Notice and Hearing. The Town Council shall hold a public hearing on the application. At least ten (10) days before the hearing the Town shall notify each affected property owner in writing, advising of the hearing and providing a copy of the proposed reimbursement agreement and staff report which will be submitted to the Council. In this subsection, “affected property owner” means (1) the record owner (as shown on the latest County Assessor’s secured real property assessment roll) of each property within the proposed benefit district and (2) the financing party.
An affected property owner may file written or oral comments or objections to the application before or at the hearing.
No property may be added to a benefit district unless the notice is sent to the affected property owner. Failure to receive the notice required by this section shall not invalidate the reimbursement agreement.
d. Town Council Action; Findings. After the public hearing, the Town Council may by resolution grant, grant with modification or deny approval of a reimbursement agreement.
Before granting approval, the Town Council shall make each of these findings:
1. The improvement for which reimbursement is sought is a public improvement which will, upon completion, be accepted by the Town;
2. The improvement is not located within the boundaries of the proposed development;
3. The public improvement has the capacity and capability of serving and is designed to serve additional properties not within the proposed development due to the supplemental size, capacity, number or length of the improvement;
4. The proposed benefit district represents a geographical area of property which will benefit directly and substantially by the public improvement; and
5. The method of determining contribution and the amount of contribution is fair and reasonable to both the financing party and the benefited property owner and fairly distributes the charge among all subject parcels in proportion to the estimated benefit each will receive from the proposed improvement.
e. Timing. A financing party may not request and the Town Council may not approve a public improvement reimbursement agreement after the date construction begins on a public improvement, except that if the improvement is financed through the levy of a special assessment, the request may be made at any time and the agreement may be approved concurrently with, or at any time after, the levy of the assessment.
f. Recordation. The Town shall have an approved public improvement reimbursement agreement, including a list of the benefited properties, recorded in the office of the County Recorder.
(Ord. #76-85, §9-103; Ord. #122, §1)