Chapter 12.20
REQUIRED STREET IMPROVEMENTS
Sections:
12.20.010 Development improvements.
12.20.020 Code compliance officer findings.
12.20.030 Appeals by developer.
12.20.040 Petition to establish reimbursement area.
12.20.050 Resolution of preliminary determination – Public hearing.
12.20.060 Notification to assessment area property owners.
12.20.070 Appeals by assessment area property owners.
12.20.080 Assessment reimbursement contract.
12.20.090 Costs and fees for professional services.
12.20.010 Development improvements.
The city code compliance officer may condition approval of proposed developments and applications for building permits on the developer’s (applicant’s) agreement to construct new or to improve existing streets and appurtenances (development improvements), when the proposed development will or is likely to have an adverse impact on public safety, the environment, traffic congestion or similar concerns, in the absence of such development improvement, as reasonably determined by the code compliance officer of the city. Development improvements required may include but are not limited to, design, grading and paving of streets, and installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls and other similar improvements. (Ord. 88-4 § 1, 1988)
12.20.020 Code compliance officer findings.
The code compliance officer of the city shall make written findings in support of development improvements required in accordance with EWMC 12.20.010. Factors to be considered by the code compliance officer shall include, but not be limited to, the following: The anticipated increase in traffic as a result of the proposed construction; traffic and pedestrian safety; impact on the environment; and other similar concerns. (Ord. 88-4 § 1, 1988)
12.20.030 Appeals by developer.
Within 15 days of receipt of the written findings of the city code compliance officer imposing conditions before development may commence or a building permit may be issued, the developer may appeal the decision of the city code compliance officer by filing a written notice of appeal with the city clerk. The appeal shall be presented to the city council and the city council’s decision shall be final. The appeal shall be conducted de novo at a public meeting and the city council shall be governed by and comply with the provisions of EWMC 12.20.010 and 12.20.020 as if it were the city code compliance officer. The city council shall hear the appeal within 20 days of the receipt of the notice of appeal from the developer. Prior to the public meeting, the city council shall provide 10 days’ written notice to the developer of the date, time and place of the public meeting. The city council may approve, deny or modify the decision of the city code compliance officer and shall promptly provide written findings and a decision to the developer, or may remand the issue for further review and decision by the city code compliance officer. The city code compliance officer shall, in compliance with EWMC 12.20.010 and 12.20.020, make new written findings within 30 days from the date of the remand, supporting the decision as to any conditions. (Ord. 88-4 § 1, 1988)
12.20.040 Petition to establish reimbursement area.
Whenever a developer funds development improvements, as a result of a determination of the city code compliance officer or city council in accordance with this chapter, which benefit nonparticipating properties, the developer may petition the city council to establish a reimbursement area that includes other properties benefiting from the improvements. Such petition shall be filed with the city code compliance officer prior to commencing work on the development improvements. Such petition shall include the developer’s determination of the cost of the street project (including but not limited to design, engineering and construction charges), the proposed benefited reimbursement area, a proposed method for assessment of reimbursement fees for properties within this reimbursement area, and a proposed method for collecting such assessments. Developer petitions filed and determinations of the city council with regard to developer petitions filed shall comply with the provisions of and be governed by the provisions of this chapter and Chapter 35.72 RCW as the same now exist or may be hereafter amended. (Ord. 88-4 § 1, 1988)
12.20.050 Resolution of preliminary determination – Public hearing.
The city code compliance officer shall examine petitions submitted in accordance with EWMC 12.20.040 and make recommendations to the city council at a public hearing. The public hearing before the city council shall be held within 20 days of receipt of the developer’s petition by the city code compliance officer. The city clerk shall provide 10 days’ written notice to the developer of the date, time and place of the public hearing. The council may accept, modify or deny the developer’s proposal. Any action to accept or modify the developer’s proposal shall require the adoption of a resolution of preliminary determination and shall be based on a finding that the properties within the reimbursement areas are benefited from the development improvements, and that the method of assessment equitably distributes the costs of installation between all benefited parties. The resolution of preliminary determination shall include the following:
A. A map showing the geographical boundaries of the assessment area.
B. The assessments for the assessment area property.
C. Notification to property owners within the assessment area of their right to appeal the preliminary decision of the city council set forth in the resolution by causing a written request for a hearing to be served on the city clerk within 20 days of the mailing of the resolution to the assessed area property owners. The appeals shall be held at a public hearing before the city council and all property owners in the assessed area shall be provided notice of the hearing.
D. Notification to property owners within the assessment area that the city council at a public hearing requested by an assessment area property owner for the purpose of appealing the preliminary determination resolution of the city council may deny a property owner’s appeal, reduce the size of the assessment area, increase or decrease the final assessments to assessment area property owners, or otherwise modify the terms of the preliminary determination resolution without further notification to the assessment area property owners.
E. Notification that the city council’s decision at a public hearing requested by an assessment area property owner for the purpose of appealing the preliminary determination resolution of the city council is determinative and final.
F. Notification that the city council may contract with the petitioner to carry out the preliminary determination resolution provisions or any modification thereof made at a public hearing on the preliminary determination resolution requested by an assessment area property owner and such contract shall be binding on all assessment area property owners. (Ord. 88-4 § 1, 1988)
12.20.060 Notification to assessment area property owners.
Within 10 days of adoption of a resolution making a preliminary determination as provided in EWMC 12.20.050, the city clerk shall send by registered mail, a copy of the resolution to all property owners within the assessment area. (Ord. 88-4 § 1, 1988)
12.20.070 Appeals by assessment area property owners.
Whenever any property owner requests a hearing to appeal the council’s preliminary determination resolution, 10 days’ written notice of the public hearing shall be sent by registered mail to all assessment area property owners and the developer. The hearing shall be conducted as a public hearing before the city council within 35 days of the city clerk’s receipt of the assessment area property owner’s request for the hearing. All requests for hearings received from area property owners shall be considered by the city council at the same public hearing. The city council’s determination shall be based on a finding that the properties within the reimbursement areas are benefited from the development improvements, and that the method of assessment equitably distributes the costs of installation between all benefited parties. The determination of the city council at any such hearing is final. (Ord. 88-4 § 1, 1988)
12.20.080 Assessment reimbursement contract.
Following any final determination of the city council after a public hearing on an appeal by an assessment area property owner, or upon the expiration of the time period for appeal, the city and petitioner shall execute an agreement specifying the method of reimbursement upon collection of assessments. The preliminary determination resolution and the agreement shall be effective for a period not to exceed 15 years. The city code compliance officer shall record a copy of the agreement in the Douglas County auditor’s office within 30 days of the final execution of the agreement. The city code compliance officer shall be responsible for administering collection and reimbursement procedures. (Ord. 88-4 § 1, 1988)
12.20.090 Costs and fees for professional services.
Developers petitioning the city council to establish a reimbursement area shall pay all of the city’s costs and fees for professional services incurred in establishing or attempting to establish a reimbursement area agreement with the petitioner. The city’s costs and fees for professional services shall include but not be limited to, the costs for mailing notices, auditor’s filing fees, fees for the city’s professional engineering services, and reasonable attorney’s fees incurred by the city. (Ord. 88-4 § 1, 1988)