14.02.040 - APPLICATION FOR DEVELOPER REIMBURSEMENT AGREEMENT
A. Any developer using private funds to construct street system improvements and/or utility system improvements in the city or within the city's utility service area, may apply to the city for a Developer Reimbursement Agreement in order to recover a pro rata share of the costs of construction from other property owners that will later derive a benefit from the street and/or utility system improvements made by developer. B. The application for a Developer Reimbursement Agreement shall be made within 30 days after the date street and/or utility system improvements have been accepted by the city. Acceptance by the City shall mean, for purposes of this section, the date the public facilities are conveyed to the City by a Deed of Conveyance or other equivalent written document. Application shall be made on forms prepared by the Public Works Department and shall be accompanied by the city base fee set forth in Section .140. The application shall contain the following information which shall be approved by a State of Washington licensed engineer: 1. A legal description of the developer's property. 2. A legal description of the properties within the developer's proposed Assessment Reimbursement Area together with the name and address of the owners of each property as shown in the records of the Assessor's Office of Whatcom County. 3. Vicinity maps of developer's property. 4. The developer's proposed Assessment Reimbursement Area and general location of the street and/or utility system improvements. 5. Itemized cost date approved by a State of Washington licensed engineer for the cost of construction. 6. The developer's proposed allocation of the cost of construction to the individual properties within the proposed Assessment Reimbursement Area and the method used for such allocation. C. Within 30 days of the Public Works Department receiving the application for a Developer Reimbursement Agreement, the Public Works Department will provide the applicant written notice of whether the application is complete and, if incomplete, what must be done for the application to be considered complete. The applicant will have no more than 30 days from the date of the written notice to respond and provide the information required to complete the application or, if the applicant cannot submit the required information within the 30 day period, the applicant shall provide the City a written explanation of why they cannot provide the information within the designated time period and a date that the requested information will be submitted. In its discretion, the Public Works Department may grant the applicant an extension of not more than 60 days to submit the required information. If the applicant fails to meet the foregoing time frame, the Public Works Department may, in its discretion, reject the application as untimely. D. Within 30 days of receiving the complete application, the City will prepare and record with the County Auditor's Office an application summary. The application summary shall contain at least the following: project description, name of developer, legal descriptions for each of the properties within the Assessment Reimbursement Area together with a statement of intent to collect the proposed allocation of costs of construction to each property. The application summary shall include the following language: "This application summary shall have no further force or effect nor shall it constitute an enforceable obligation against any of the properties described herein upon the recording of a Developer Reimbursement Agreement made as to the property herein described. This application summary shall have no further force or effect nor shall it constitute an enforceable obligation against any of the properties described herein after one year from the date of recording; provided, the effective term of the application summary may be extended by filing an extension executed by the developer and approved in writing by the Public Works Department." 3. The Public Works Director shall establish policies and procedures for processing applications and complying with the requirements of this ordinance. [Ord. 2004-01-003 §3; Ord. 10906 §2, 1997]
