For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.
"Applicant"
means any person applying to the City or its departments for a building permit or for a connection to any of the existing public utilities operated by the City.
"Benefiting parcel or property"
means property which is, or may be, served by public utilities and public service facilities as a result of the installation of improvements on land being developed or redeveloped, where the benefiting parcel(s) is under separate ownership and the parcel does not participate in the cost of such public facilities.
"Contingent charge"
means evidence of the future liability of any property to bear its cost for utilities and public service facilities before acquiring any right to utilize such facilities.
"Developed land"
means land on which is constructed all frontage improvements and on-site facilities and for which all on-site facilities were previously paid.
"Developer"
means any person who causes land to be divided into two or more parcels for himself or others, or is engaged in the development of property, in whole or in part, by the placing of any improvements thereon whether the property was previously developed in whole, in part, or at all.
"Development"
means the subdivision of property and/or the construction of buildings or establishment of uses which will make some demand upon the City's utilities and/or service facilities.
Development Agreement.
Not to be confused with the State Planning Act.
"Development site"
means the entire area considered for development less public streets and right-of-way required.
"Institution"
means a governmental or nonprofit organization of a public character, performing functions of schools or churches to the extent that such are not engaged in residential, commercial or industrial activities.
"Intervening property"
means property located between the existing City utilities and public service facilities and the property under development.
"Labor cost"
means the cost for labor performed by the City, and shall include direct (wages and equipment) and indirect (overhead) costs.
"Material cost"
means the cost for material furnished by the City, and shall include direct costs plus overhead.
"Off-site facility"
means any facility installed outside of a development site and an on-site facility.
"On-site facility"
means any facility installed in, over, under, or upon the public streets or rights-of-way within or on the perimeter of a development site.
"Oversize facility"
means a facility containing supplemental size, capacity or number for the benefit of property not within the development, and dedicated to the public.
"Redevelopment"
means the reconstruction of an existing building or demolition and new construction in such a way as to change the size and/or use or intensity of use of the property so as to increase the property's demand upon the City's utilities and/or service facilities.
"Security"
means any form of guarantee, including a cash deposit, surety bond or an instrument of credit, in an amount and form satisfactory to the City.
(Code 1964 § 17A-1; Ord. 721 § 2, 1983)
This chapter is enacted in pursuance of Section 7 of Article XI of the Constitution of the State of California.
Refer also to Subdivision Map Act and Benefit District.
(Code 1964 § 17A-2; Ord. 721 § 2, 1983)
The purpose of this chapter is to officially define certain policies, requirements, and procedures for the development of property in the City, in order to:
A. 
Establish minimum standards for the improvement of streets and easements of the City as a condition precedent to acceptance of dedications thereof.
B. 
Cause the installation of utilities and public service facilities necessary to properly serve the property developed.
C. 
Provide for the current financing of such facilities on a "pay as you go" basis.
D. 
Provide for the collection of charges for the use of certain facilities from property owners benefited by such installations.
E. 
Spread the cost of required public improvements upon the property benefited in the manner contemplated by law.
F. 
Prevent the dissipation or improper use of City's general operating and maintenance funds in providing these improvements or in maintaining faulty installations.
G. 
Protect the living standards, public safety, and common welfare of the general public.
(Code 1964 § 17A-3; Ord. 721 § 2, 1983)
The City reserves the right to revise, amend and change any of the policies contained in this chapter as deemed necessary and equitable by the City Council. All existing City policies in conflict herewith are hereby amended to the extent necessary to remove such conflict. The City further reserves the right from time to time, by resolution or ordinance of the City Council, to revise, amend and change any of the standards, costs, prices, fees, and charges prescribed or established by this chapter and established pursuant to this chapter.
(Code 1964 § 17A-4; Ord. 721 § 2, 1983)
In consideration for the acceptance by the City of required utilities and public service facilities, for providing the necessary connecting system, general plant and appurtenances and for contributing labor and material, as provided in this chapter or any resolution passed and adopted pursuant thereto, developers shall be required to enter into a development agreement covering the cost, type, quality, standard, and character of installing same in accordance with the provisions set forth in this chapter. All utilities and public service facilities required pursuant to this chapter shall be in accordance with City standards and approved by the director of public works/City engineer. For the purpose of design, the estimated useful life of the prescribed utilities and public service facilities shall be at least as set forth in Table 1 as follows:
Table 1
Facility
Estimated Life
Street Improvements
25 years
Sidewalks
25 years
Street Signs
25 years
Street Lighting Fixtures
25 years
Electric System Installations
50 years
Water System Installations
50 years
Sanitary Sewer System Installations
50 years
Storm Drain System Installations
50 years
(Code 1964 § 17A-5(a); Ord. 721 § 2, 1983)
The standards established by this chapter are minimum standards only, and the City Council reserves the right to require higher standards in the event that the City Manager of the City shall find that the minimum standards established by this chapter are not adequate, suitable, or proper because of the location, soil structure or any other cause in which the improvement or facility is located.
(Code 1964 § 17A-5(a); Ord. 721 § 2, 1983)
All utilities and public service facilities which may be the subject of the development agreement specified in HMC § 17.08.050 will be accepted for maintenance and operation by the City not later than 30 days after acceptance by the City Council, providing that all conditions of such agreements are fulfilled. The repair and correction of any defects or deficiencies due to workmanship or materials which are discovered within one year from the date of acceptance by the City shall be the responsibility of the developer. Security, in an amount specified in the agreement, shall be deposited with the City for the purpose of guaranteeing that such repairs and corrections will be made upon notification to the developer of such deficiencies.
The City Engineer may permit occupancy of a portion of a subdivision or other development project not to exceed 80 percent of the total number of units in a subdivision or other development project if the improvements serving the units to be occupied are substantially complete, upon such terms and conditions as the City Engineer shall designate, including at a minimum, all project requirements, engineering and construction standard specifications and details, and HMC § 17.04.510(A) through (F).
(Code 1964 § 17A-5(b); Ord. 721 § 2, 1983; Ord. 1231 § 3, 2023)
Developers shall furnish security satisfactory to the City to guarantee the installation of or to pay for extending required public utilities and public service facilities or to fulfill any condition for quasi-public facilities, such as landscaping, driveways and parking, established by the City Council or any board or commission authorized by the City Council. The security shall be in amounts specified in the development agreement, in no case exceeding 100 percent of estimated cost of such installment for performance or 50 percent for maintenance.
Developers shall obtain insurance coverages of the types and in the amounts specified in the development agreement. Security and certification of insurance coverages required by this chapter shall be furnished to the City prior to execution of the agreement, and in no event shall any work of development commence before the developer has satisfied all requirements pursuant to this chapter for security, insurance coverages and entering into the required agreement.
(Code 1964 § 17A 5(c); Ord. 721 § 2, 1983)
Property developers shall pay fees for engineering and inspection services rendered by the City, as prescribed from time to time by resolution of the City Council. The fees prescribed by resolution shall be a base fee, calculated to reimburse the City for its cost of providing design services, engineering plan review and inspection. The developer shall pay in addition to such base fee all charges incurred in connection with engineering and inspection including, but not limited to, such charges as overtime and the costs of special consultants (soils, traffic, geologists, etc.). All such fees are due and payable upon demand by the City, as prescribed from time to time, by resolution of the City Council, but in all cases shall be paid prior to final acceptance of the project.
(Code 1964 § 17A-5(d); Ord. 721 § 2, 1983)
Whenever it is deemed necessary by the City to defer the construction of any improvement required by this chapter because of incompatible grades, future planning, or for any other reasons, the developer shall contribute his share of the costs of the future improvements to the City, or the developer may post acceptable security ensuring completion of such improvements upon demand of the City. The City shall not refund any of the funds so paid.
(Code 1964 § 17A-6; Ord. 721 § 2, 1983)
The developer shall pay all costs for all temporary improvements and shall maintain the same, except as may be provided under HMC § 17.08.120 through § 17.08.160. Prior to the construction of any temporary facility, the developer shall file with the City suitable security, which shall ensure that the temporary facilities will be properly constructed, maintained and removed.
(Code 1964 § 17A-7; Ord. 721 § 2, 1983)
Subject to the procedure set forth in HMC § 17.08.140, whenever any property or parcel of land is benefited by the installation of any of the required facilities, utilities or public works improvements, the City may advance the costs of same and defer the collection of charges for such facilities until such time as such property is developed. Such charges shall be satisfied before any parcel map, tract map, building permit or service connection for such property is granted or accepted by the City. Engineering diagrams showing property benefited shall be furnished by the City Manager and City engineer, showing the estimated amounts of such deferred charges.
(Code 1964 § 17A-8(A); Ord. 721 § 2, 1983)
Subject to the procedure set forth in HMC § 17.08.140, if, for any reason, the City is not in a position to advance the costs of the required right-of-way, facilities, utilities, or public works improvements for intervening properties or parcels of land, the developer shall, at the sole discretion of the City, install or cause to have installed the required improvements, or shall advance to the City the costs for such improvements, including engineering and overhead, for which the City will enter into reimbursement agreement in favor of the developer, to be repaid to the developer upon collection by the City of the charges prescribed herein. In the event that the City is unable to collect such funds within specified period after the date of advancement, the right of reimbursement of the funds not collected shall lapse at the end of such period; or upon dissolution of developer if a corporation or a partnership; or upon filing of bankruptcy by developer.
(Code 1964 § 17A-8(B); Ord. 721 § 2, 1983)
The City Council shall, by resolution, establish a "Reimbursement District" at a public hearing, at which the percentage of benefit for each property will be established, and the estimated cost of the required facilities will be established. Benefited property owners shall be notified of said hearing and may present evidence challenging the allocation of benefit or estimated cost or both. Benefit shall be allocated in accordance with currently accepted standards of allocation.
(Code 1964 § 17A-8(C); Ord. 721 § 2, 1983)
Whenever existing facilities, utilities or other public works improvements have been installed by either developer or the City, without cost to a property and such property lies within an area of benefit as adopted pursuant to a determination of the City Council, the owner of such benefited property shall pay to the City all charges as specified within the resolution adopted pursuant to HMC § 17.08.140 before any development entitlement, i.e., parcel map, final map, building permit, or utility service connection is granted by the City.
The amount of potential reimbursement and the allocation of cost to the benefited parcels shall be specified within the resolution of the City Council establishing same. The potential amount of reimbursement shall be restricted to the sum of the following eligible costs:
A. 
Actual construction costs, including engineering and inspection costs.
B. 
Purchase price for any off-site right-of-way granted to City, and acquired by the developer, provided the developer does not have a prior beneficial interest in the off-site property.
(Code 1964 § 17A-8(D); Ord. 721 § 2, 1983)
Payment of deferred and reimbursement charges shall not be required for the following:
A. 
To repair a structure damaged by fire, flood, earth movement or wind, provided the resultant structure has the same or less square footage as the original structure and its use remains the same.
B. 
To convey land where a new building site is not created as a result of the conveyance.
C. 
To make minor additions increasing value of total structure less than 10 percent.
(Code 1964 § 17A-8(E); Ord. 721 § 2, 1983)
Before any building permit shall be issued or service connection made, a certificate or receipt shall be obtained from the City, showing that the liability such property has for all facilities or improvements has been satisfied or except as set forth in HMC § 17.08.160.
(Code 1964 § 17A-9; Ord. 721 § 2, 1983)
The developer shall grant to the City without cost all dedications, easements, and rights-of-way necessary for serving the property of the developer and for installation of streets, utilities and public service facilities.
(Code 1964 § 17A-10; Ord. 721 § 2, 1983)
Where acquisition of an easement or right-of-way by the City is necessary to extend public facilities to the developer's property, the developer shall advance all of the cost of acquisition; provided, however, the City may advance a portion of the cost of acquiring the easement or right-of-way if the City deems the acquisition of the same is sufficiently beneficial to the permanent City system. The costs advanced by the developer may be reimbursable in accordance with HMC § 17.08.120 through § 17.08.160 unless otherwise provided in the development agreement. The City Manager, or designee, is authorized to and may accept any dedications of easements and rights-of-way donated to the City of Healdsburg or as required as part of a private development.
(Code 1964 § 17A-11; Ord. 721 § 2, 1983; Ord. 1231 § 2, 2023)
Whenever extraordinary conditions or circumstances are encountered on the development of property which are not provided for by the terms of this chapter, the proration of cost of the same, if any, shall be stipulated and included with other commitments in the development agreement entered into between the City and the developer.
(Code 1964 § 17A-12; Ord. 721 § 2, 1983)
Except as otherwise determined by City Council, developments within the City shall be served by City-owned utility systems regardless of availability of other private or public systems.
(Code 1964 § 17A-13; Ord. 721 § 2, 1983)