18.56.920 Railyards impact fee and imposition.

   The Railyards impact fee is established and imposed on all parcels located within the Railyards specific plan area for the following types of development:

   A.   New dwelling units, buildings, or structures.

   B.   Additions to the commercial building area or residential building area of a building or structure.

   C.   Changes in use of a building or structure. (Ord. 2018-0045 § 1)

18.56.930 Establishment of Railyards infrastructure fund; use of fee revenues.

   A.   The Railyards infrastructure fund is established. The city shall deposit all revenues generated by the Rail-yards impact fee, and any interest earned on the fund balance, into the fund.

   B.   The city shall use the Railyards infrastructure fund to:

      1.   Finance the design, construction, installation, improvement, and acquisition of Railyards facilities.

      2.   Reimburse the city for administrative costs identified in the updated Railyards finance plan.

      3.   Reimburse landowners and holders of development credits consistent with section 18.56.940 and the updated Railyards finance plan. (Ord. 2018-0045 § 1)

18.56.940 Credits and reimbursements.

   A.   The City council, by resolution or agreement, may establish policies and procedures for issuance of development credits against the Railyards impact fee for Railyards facilities constructed by a landowner, or for reimbursement of the portion of a landowner's costs to construct Railyards facilities that exceeds the landowner's Railyards impact fee obligation, if the city has Railyards infrastructure funds available to pay the reimbursement. The policies and procedures shall be consistent with the following:

      1.   A landowner may only construct Railyards facilities for development credits with advance approval by a written fee credit or reimbursement agreement, except for the Railyards facilities that are identified as completed improvements in the Updated Railyards finance plan adopted by the city council in resolution 2018-0383 on September 25, 2018.

      2.   Development credits do not run with the land.

      3.   Development credits are transferrable through a transfer agreement signed by both parties and approved by the city.

   B.   After the landowner constructs Railyards facilities, the city manager shall determine the development credit or reimbursement amounts, if any, based on the terms of the fee-credit or reimbursement agreement. The landowner may appeal the city manager's decision as set forth in section 18.56.155. (Ord. 2018-0058 § 1; Ord. 2018-0045 § 1)

18.56.950 Conflict with other provisions.

   If there is any conflict between a provision of this article and any other provision of this chapter, the provision of this article governs. (Ord. 2018-0045 § 1)