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The following definitions apply in this article:
"Delta Shores sub-area" means the proposed master-planned community that is identified in the updated Delta Shores finance plan and consists of residential, commercial, and retail uses on approximately 780 acres within the city limits and adjacent to the city's southern boundary.
"Delta Shores facilities" means the infrastructure and facilities identified in the updated Delta Shores finance plan.
"Delta Shores impact fee" means the fee established by section 18.56.1020 to finance the design, construction, installation, improvement, and acquisition of the Delta Shores facilities.
"Delta Shores infrastructure fund" means the infrastructure fund created by section 18.56.1030.
"Stone Boswell sub-area" means the approximately 121 acres adjacent to the eastern boundary of the Delta Shores sub-area and identified in the updated Delta Shores finance plan as the Stone Boswell site. The Stone Boswell sub-area is comprised of a 14 acre parcel (APN 053-0010-049), a 37 acre parcel (APN 053-0010-076) and a 70 acre parcel (APN 053-0010-048), with the 14 acre parcel and the 70 acre parcel zoned R-1A (single-unit or duplex dwelling zone) and the 37 acre parcel zoned R-1-R (single-unit dwelling zone).
"Updated Delta Shores finance plan" means the city council-approved finance plan that calculates the Delta Shores impact fee amounts. (Ord. 2019-0034 § 2)
A. The Delta Shores impact fee is established and imposed on all parcels located within the Delta Shores sub-area and the Stone Boswell sub-area for the following types of development:
1. New dwelling units, buildings, or structures.
2. Additions to the commercial building area or residential building area of a building or structure.
3. Changes in use of a building or structure.
B. Consistent with the updated Delta Shores finance plan, the amount of the Delta Shores impact fee may vary depending on whether it is being imposed within the Delta Shores sub-area or the Stone Boswell sub-area. (Ord. 2019-0034 § 2)
A. The Delta Shores infrastructure fund is established. The city shall deposit all revenues generated by the Delta Shores impact fee, and any interest earned on the fund balance, into the fund.
B. The city shall use the Delta Shores infrastructure fund to:
1. Finance the design, construction, installation, improvement and acquisition of Delta Shores facilities.
2. Reimburse the city for administrative costs identified in the updated Delta Shores finance plan.
3. Reimburse landowners and holders of development credits consistent with section 18.56.1040 and the updated Delta Shores finance plan. (Ord. 2019-0034 § 2)
Consistent with section 18.56.135, the city shall collect the Delta Shores impact fee within the Stone Boswell sub-area at the following times:
A. Master Parcel Maps. The Delta Shores impact fee is due and payable when the final map for each master parcel is filed with the city for recordation.
B. Subdivision and Parcel Maps. The Delta Shores impact fee is due and payable when a final map or parcel map is filed with the city for recordation.
C. Building Permits. If neither a final map nor a parcel map is required to be recorded for the development of parcels within the Stone Boswell sub-area, then the city shall not issue building permits for construction related to any parcel within the Stone Boswell sub-area until the Delta Shores impact fee for the parcel or parcels is paid. (Ord. 2019-0034 § 2)
A. The city council, by resolution or agreement, may establish policies and procedures for issuance of development credits against the Delta Shores impact fee for Delta Shores facilities constructed by a landowner, or for reimbursement of the portion of a landowner's costs to construct Delta Shores facilities that exceeds the landowner's Delta Shores impact fee obligation, if the city has Delta Shores infrastructure funds available to pay the reimbursement. The policies and procedures shall be consistent with the following:
1. A landowner may only receive development credits with advance approval by a written fee-credit or reimbursement agreement.
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 Delta Shores 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. 2019-0034 § 2)
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