The City Council hereby finds and declares as follows:
A. 
Construction of public improvements in subdivisions including, but not limited to, new streets, water lines, sewer improvements and storm drains, often benefits other properties not included in the subdivision. Such benefit may occur through the subdivider's provision of supplemental capacity (oversize lines) or installations across or opposite property which would otherwise be required to make such improvements upon development or service connection. Normally, the City's ability to require improvements as a condition of subdivision approval is limited to those improvements which are reasonably related to the needs of the subdivision itself, rather than being improvements which are required for the development of properties not included in the subdivision.
B. 
The Subdivision Map Act in Government Code Sections 66485 through 66489 permits the City to either pay for the incremental cost of the improvements not required by the subdivision or enter into an agreement to reimburse the subdivider for such incremental costs, including an amount attributable to interest for such installations. To pay the costs as required by the reimbursement agreement, the City may collect funds from the other properties which benefit from such installations when those other properties develop.
C. 
The City has adopted a development impact mitigation fee ordinance (Chapter 15.06) which provides for payment of fees for public improvements under certain circumstances described in that chapter.
D. 
The purpose of this chapter is to implement the provisions of the Subdivision Map Act as indicated above.
(Ord. 2011-03 § 1)
A. 
As a condition of approval of a tentative subdivision map, the City may require the subdivider to install public improvements with supplemental size, capacity, number or length to benefit property not within the subdivision. The City shall enter into a written reimbursement agreement with the subdivider to reimburse the cost of providing the oversized improvements as required by this chapter.
B. 
The cost of reimbursement by the City (including interest) may be paid by:
1. 
Development impact fee program as described in Plymouth Municipal Code Section 15.06.120.
2. 
Collection of reasonable charges for use of the public improvements from other persons, including public agencies.
3. 
Establishment and maintenance of local benefit collection districts.
4. 
Any other source of funds approved by the City Council.
(Ord. 2011-03 § 1)
A. 
Whenever a subdivider is required as a condition of tentative map approval to construct improvements eligible for reimbursement under this chapter, the approval of subdivision improvement plans by the City Engineer prior to approval of the final subdivision or parcel map shall include:
1. 
A description of the improvements and a map of the additional properties receiving the benefit;
2. 
Engineering calculations and data as described in the City's public improvement design standards;
3. 
An itemized cost estimate for the improvements;
4. 
A description of the benefit and allocation method to the development and the additional properties (the benefit district) from which reimbursement is requested, sufficient to support the findings by the City Council as described in the reimbursement agreement;
5. 
A draft of the proposed reimbursement agreement in accordance with this chapter, which reimbursement agreement shall be approved prior to or concurrently with the approval of the final subdivision or parcel map;
6. 
Deposits to cover the full cost of City and engineering review and processing as determined by the City Manager in accordance with City policies.
B. 
Prior to or concurrently with the approval of the final subdivision or parcel map, the City shall conduct a public hearing as follows:
1. 
At least 10 days prior to the hearing the City Clerk shall give a notice by first class mail, postage prepaid, to the addresses as shown on the latest equalized assessment roll of the County of Amador, to the owners of each parcel identified in the reimbursement agreement as benefited and obligated to pay all or a portion of the reimbursement amount.
2. 
At least 10 days prior to the hearing notice shall be published at least once in a newspaper of general circulation within the City of Plymouth or shall be posted in at least three public places within the City.
3. 
The notice shall state the date, time, and location set for such hearing.
4. 
The mailed notice to property owners shall include a summary statement of the nature of the improvements to be constructed by the applicant, the estimated costs of the improvements, the estimated amount of the reimbursable costs for each parcel benefited.
C. 
After the public hearing, the City Council may, by resolution, approve a reimbursement agreement. Before granting approval, the City Council shall make each of the following findings:
1. 
The improvement for which reimbursement is sought is a public improvement which, upon completion, will be accepted by the City;
2. 
The public improvement has the capacity and capability of serving and is designed to serve additional properties not within the subdivision;
3. 
The properties which will be obligated to fund the improvements will benefit directly and substantially from the public improvements in a manner different either quantitatively or qualitatively from the benefits to be received by the public generally; and
4. 
The method of determining reimbursements and the amount of reimbursements is fair and reasonable to both the subdivider and the benefited property owner and fairly distributes the costs among all subject parcels in proportion to the estimated benefit each will receive from the public improvements.
D. 
The City shall have the approved and executed reimbursement agreement, including a list of the benefited properties recorded in the office of County Recorder. The subdivider shall bear the cost of recordation.
(Ord. 2011-03 § 1)
A reimbursement agreement made pursuant to this chapter may contain the following provisions, among others:
A. 
The amount of total public improvement costs, the subdivider's equitable share of the costs and the amount of reimbursable costs, per the following:
1. 
Construction costs less any applicable credits, plus up to 15% for documented engineering costs.
2. 
Right-of-way costs external to the subdivider's development may be included in an equitable manner.
3. 
Applicable City engineering and processing fees may also be added. Costs of financing, bonds or other subdivider costs, including development entitlement costs or fees, shall not be included.
4. 
Costs of transitions or other minor work shall not be apportioned to the property outside of the subdivision.
5. 
Cost of street and utility stubs required to provide circulation connectivity or utility network connections, generally the depth of one lot, are not eligible for reimbursement.
B. 
A map and listing (by assessor's parcel number) of the benefiting area(s) shall be provided. The total reimbursable cost shall be apportioned to the benefiting properties on an area, front footage or combination thereof, as appropriate.
C. 
A provision indicating who the subdivider designates for receiving reimbursement payments. This may be either the subdivider, the property owner of record at the time the reimbursement is made, or any other third person. However, the City shall not be obligated to allocate development reimbursements to subsequent owners of subdivided lots.
D. 
The reimbursable amount shall be adjusted annually or at the time of collection to include an amount attributable to interest. The adjustment amount shall be based on the change in the Engineering News Record 20 Cities Construction Cost Index since the completion of the improvements, which shall be included in the agreement, less any payments collected.
E. 
The reimbursement agreement shall provide that the City will collect the appropriate charge solely from the benefited properties identified in the agreement and reimburse the applicant or the applicant's heirs, successors or assigns, for a period of 15 years from the date of the agreement. Reimbursement charges will not be collected or paid after that time. Provided, however, the 15 year time period for reimbursements may be extended within the reimbursement agreement for major capital facilities, such as pump stations, or where the area of benefit outside the subdivision is larger than the subdivision, in the Council's discretion.
F. 
A provision that within 120 days of completion of the improvements, the subdivider shall provide to the City a final cost accounting of the items contained within the agreement. If the costs are materially different than those contained in the agreement, the agreement shall be amended. The notification, hearing and adoption process contained in this chapter shall be followed.
G. 
A statement that no reimbursement charges collected by the City may be distributed to the subdivider until the public improvement is completed and accepted by the City.
H. 
A provision that the City is not liable to the applicant for failure of benefited property owners to pay a reimbursement charge or because of legal barriers to recovery of reimbursement charges from benefited property owners, and that the City's obligation to pay is not a general obligation of the City but is payable by the City only to the extent that benefited properties make payments.
I. 
The reimbursement agreement shall be numbered and filed by the City Clerk.
(Ord. 2011-03 § 1)
A. 
For any property on which the City Council has approved a public improvement reimbursement agreement, the benefited property owner shall pay to the City the appropriate charge upon development. Development shall mean the first of any of the following:
1. 
Service connection to a utility covered by the reimbursement agreement;
2. 
Filing of a final subdivision map;
3. 
Filing of a final parcel map unless the City requirement for installation of public improvements is waived or deferred;
4. 
Issuance of a building permit.
B. 
In the event the activity described in subsection A of this section only occurs on a portion of the benefited property covered by the reimbursement agreement, the reimbursement charge may be apportioned by the City Manager and the appropriate charge made upon the developing portion.
C. 
A benefited property owner has no obligation to pay charges per the reimbursement agreement if the owner does not develop the property during the effective period of the agreement.
(Ord. 2011-03 § 1)
A. 
The City Manager shall implement this section and adopt applicable administrative procedures. Upon collection of reimbursement charges, the City Manager shall prepare a statement of the amount of the charge collected; reference the agreement number and administrative charge for collecting the charge and mailing the reimbursement which shall be retained by the City. The statement shall be forwarded to the Finance Director for actual reimbursement.
B. 
The administrative charge for collecting the charge and mailing the reimbursement shall be determined by the City Council by resolution.
C. 
The Finance Director shall mail the reimbursement amount to the last address on file with the Finance Director of the subdivider or those persons whom the subdivider has designated pursuant to Section 16.35.050(C).
D. 
Any reimbursement amount returned or unclaimed after two years from the date of mailing shall be forfeited to the City and may be deposited in the appropriate development impact mitigation fee fund, utility fund or the General Fund, as determined by the City Council.
(Ord. 2011-03 § 1)