The subdivider may be required to install improvements for the
benefit of the subdivision which may contain supplemental size, capacity
or number for the benefit of property not within the subdivision as
a condition precedent to the approval of a subdivision or parcel map,
and thereafter, to dedicate such approval improvements to the public.
However, the subdivider shall be reimbursed for that portion of the
cost of such improvements equal to the difference between the amount
it would have cost the subdivider to install such improvements to
serve the subdivision only and the actual cost of such improvements
pursuant to the provisions of the Subdivision Map Act.
(Ord. 88-O-117 § 1, 1988)
No charge, area of benefit or local benefit district shall be established unless and until a public hearing, pursuant to Section 23.96.030 of this code, is held by the city council and the city council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.
In addition to the notice required by Section 23.96.030 of this code, written notice of the hearing shall be given to the subdivider, to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least 10 days prior to the date established for hearing.
(Ord. 88-O-117 § 1, 1988)
If the city has adopted a local drainage or sanitary sewer plan
or map as required for the imposition of fees therefor, or has established
an area of benefit for bridges or major thoroughfares as provided
in this title, the city may impose a reasonable charge on property
within the area benefited and may provide for the collection of said
charge as set forth in this title. The city may enter into reimbursement
agreements with a subdivider who constructs said facilities, bridges
or thoroughfares and the charges collected by the city therefor may
be utilized to reimburse the subdivider as set forth herein.
(Ord. 88-O-117 § 1, 1988)
Any developer who constructs improvements listed in the Subdivision
Map Act which require reimbursement, shall be reimbursed by the following
procedure which is to be implemented in an individual reimbursement
agreement with the developer to be reimbursed:
(1)
Storm Drains. Commencing July 1, 1981, and each July 1st thereafter,
the city finance director shall make available for reimbursement a
sum equal to 10% of the fees collected in the prior fiscal year from
each of those separate storm drain areas designated in Title 5.
The sum for each designated area shall be paid each year to
the developer who has the oldest reimbursement agreement in this designated
area until he is fully paid. Any surplus shall be paid to the developer
with the next oldest agreement for the same designated area.
(2)
Sewers. Upon construction of master plan sewer, any required reimbursement
payment shall be made from sewer acreage fees collected from those
developers who subsequently tie into that sewer. Payment shall be
made upon collection by the city.
(Ord. 88-O-117 § 1, 1988)
