A. Eligible Improvements: Any developer that incurs the expense of installing the following improvements which are adjacent to the property of another may receive reimbursement for part of that expense if an adjacent benefiting party makes use of the improvement(s). Eligible improvements include:
1. Sewer main line or trunk line.
2. Culinary water main line or trunk line.
3. Pressurized irrigation main line or trunk line.
4. Asphalt and road base when built to full City standards.
5. Curb, gutter and sidewalk.
B. Reimbursement Agreement: The party installing the improvements shall enter into a written reimbursement agreement with the City prior to recording of a final plat, or in the case where a plat is not required, prior to installation of the improvements. The City Manager or his/her designee shall be authorized to enter into a reimbursement agreement. The reimbursement agreement shall include the following:
1. Identification of all benefiting parties;
2. Identification of all improvements that are to be included in the agreement;
3. Identification of the total potential reimbursement amount and the prorated percentage assigned to each benefiting party; and
4. The notarized signatures of the applicant and the City Manager or his/her designee agreeing to the terms of the reimbursement agreement.
C. Noticing: Upon completion of a reimbursement agreement the City shall send by certified mail a notice within ten (10) business days to all of the identified benefiting parties alerting them to the reimbursement agreement. The City shall also record a notice with the Utah County Recorder on each benefitted property. The applicant shall reimburse the City for all postage and recording costs.
D. Eligible For Reimbursement: The amount of the eligible reimbursement shall be limited to those improvements installed by a party which:
1. Provide a direct benefit to property fronting on said improvements; and
2. Are greater than the roughly proportional share of improvements needed to service the development. (Ord. 2013-07, 8-20-2013, eff. 9-13-2013)
E. Reimbursement Amounts: The reimbursement amounts shall be based on the City Engineer's subdivision bond estimates for each type of improvement. Upon collection of a reimbursement, the City shall retain one percent (1%) as an administrative fee prior to remitting the reimbursement to the original developer. (Ord. 2018-11, 12-5-2018, eff. 12-27-2018)
F. Reimbursement Period: The period for which a party is eligible to receive reimbursements shall not exceed five (5) years from the date of the reimbursement agreement for roads, curb, gutter and sidewalk, and ten (10) years for all other eligible improvements.
G. Collection And Remittance Of Reimbursements: If within the reimbursement period described in subsection F of this section an adjacent party makes use of reimbursable improvements, the City shall collect from said party the reimbursement fee due based on subsection E of this section prior to the issuance of the first building permit for the project. The reimbursement amount, less an administrative fee, shall then be remitted by the City to the original party in accordance with the reimbursement agreement.
H. City As A Developer: If Mapleton City installs eligible improvements at the City's expense, the City may require and receive reimbursement from developing parties pursuant to this section as though the City were a private party. No reimbursement agreement as described in subsection B of this section shall be required.
I. City Council Review: The City Council may approve a reimbursement agreement that varies from the standards of this section if it determines that special circumstances exist (i.e., oversized mains, City master plan, etc.) that this section does not adequately address. (Ord. 2013-07, 8-20-2013, eff. 9-13-2013)