A. The city council, by resolution, may establish policies, guidelines and procedures regarding credits and reimbursements which may apply to the fees established by this chapter. Said policies, guidelines and procedures shall be subject to the terms of any written agreement entered into by the city and any landowner or landowners within the Willowcreek project area concerning credits against and reimbursement of fees established pursuant to the Willowcreek financing plan/nexus study.
B. All policies, guidelines and procedures regarding credits and reimbursements shall be consistent with the following:
1. The credits and reimbursements shall apply to fees owed by (i) by landowners that have advanced funds for the construction of public infrastructure which otherwise would be paid from the revenue of the fees established by this chapter, (ii) by landowners that constructed public infrastructure or dedicated land which otherwise would be paid from the revenue of the fees established by this chapter.
2. The policies, guidelines and procedures shall provide for reimbursement to the city for administrative and engineering costs and other expenses relating to the implementation of the Willowcreek financing plan/nexus study.
3. The credits and reimbursements may be transferable, in whole or in part, upon notice to the city in the form and in the manner specified by the city.
4. The amounts of credits and reimbursements shall be subject to adjustments for inflation calculated consistent with the provisions of Section 18.32.130 of this chapter, but shall not accrue interest unless specifically provided for in an applicable reimbursement agreement.
5. The credits and reimbursements may be subject to annual review and adjustment to insure that funds are available to construct or acquire public infrastructure in a timely manner pursuant to the Willowcreek financing plan/nexus study and to promote fairness and equity relating to credits and reimbursements.
6. The credits and reimbursements shall be given, consistent with the assessment district policy manual, for the construction of any public infrastructure (or a portion thereof) for which a fee established by this chapter may be expended and shall apply to the fees otherwise due and payable for the development project giving rise to the need for such public infrastructure.
7. The credits and reimbursements shall not be given for site-related improvements and dedications of land, which are specifically required by the project in order to serve it and which do not constitute a public facility for which a fee established by this chapter may be expended.
8. Any claim for credit or reimbursement must be made no later than at the time of filing of a final subdivision map, or, if no final subdivision map is utilized, then no later the date set by the city director of public works, or his or her authorized designee. Any claim not made by or before the applicable deadline shall be deemed waived.
9. The sole source of the payment of a reimbursement shall be the revenue collected on the specific fee which could be expended on the public infrastructure to which the reimbursement relates.
10. Credits and reimbursements may cease or be amended if the city council, by resolution, determines that the same constitute threats to the public health, safety or welfare.
C. The landowner seeking a credit or reimbursement, or both, shall submit such documentation, including, without limitation, engineering drawings, specifications, and construction cost estimates, and utilize such methods as may be appropriate and acceptable to the city director of public works, or his or her authorized designee to support the request for a credit or reimbursement. The director shall determine the credit or reimbursement amount for construction of a specific public infrastructure based upon either the foregoing landowner-provided cost estimates or upon alternative engineering criteria and construction cost estimates if the director determines that such estimates submitted by the landowner are either unreliable or inaccurate. The director shall determine whether facilities or improvements are eligible for credit or reimbursement. Any decision made by the director pursuant to this section may be appealable to the city council by the filing of a notice of appeal with the city clerk. The city council shall consider the appeal at a public hearing held within sixty (60) days after the filing of the notice of appeal. The decision of the city council shall be announced at said public hearing. (Prior code § 84.09.909)