Chapter 11.16
REQUIRED STREET IMPROVEMENTS
Sections:
11.16.010 Requirements for streets.
11.16.020 Street projects – Defined.
11.16.030 Necessary street projects.
11.16.040 Improvement contract – Provisions for partial reimbursement.
11.16.050 Determination of reimbursement share.
11.16.060 Assessment reimbursement contracts – Ratification procedures.
11.16.070 Alternative financing.
11.16.010 Requirements for streets.
No person shall develop property in the city of Oak Harbor without first providing for the construction or improvement of street projects necessary for the development of the property, even if the improvements, as required, also benefit other properties. (Ord. 773 § 1, 1987).
11.16.020 Street projects – Defined.
Street projects may include design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls and similar improvement as required by street standards of the city. (Ord. 773 § 4, 1987).
11.16.030 Necessary street projects.
Necessary street projects are those which are identified as needed under the following plans and procedures:
(1) Comprehensive plan;
(2) Six-year street plan;
(3) Environmental impact statement process;
(4) Site plan review;
(5) Platting, short platting or condominium approval. (Ord. 773 § 2, 1987).
11.16.040 Improvement contract – Provisions for partial reimbursement.
The contract may provide for partial reimbursement to the owner or to the owner’s assigns for a period not to exceed 15 years of a portion of the project who:
(1) Are determined to be within the assessment reimbursements area pursuant to OHMC 11.16.060;
(2) Are determined to have a reimbursement share based upon a benefit to the property owner pursuant to OHMC 11.16.050 and 11.16.060;
(3) Did not contribute to the original cost of the street project; and
(4) Subsequently develop their property within the 15-year period and at the time of development were not required to install similar street projects because they were already provided for by contract. (Ord. 773 § 3, 1987).
11.16.050 Determination of reimbursement share.
The reimbursement shall be a pro rata share of construction and reimbursement of contract administration costs of the street project. The city shall determine the reimbursement share by using a method of cost apportionment which is based on benefit to the property owner from such projects. (Ord. 773 § 5, 1987).
11.16.060 Assessment reimbursement contracts – Ratification procedures.
The procedures for ratification of assessment reimbursement contracts shall be as follows:
(1) An assessment reimbursement area shall be formulated by the city engineer based on a determination of which parcel adjacent to the improvements would require similar street improvements upon development.
(2) The preliminary determination of area boundaries and assessments, along with a description of the property owners’ rights and options, shall be forwarded by registered mail to the property owners of record within the proposed assessment area. If any property owner requests a hearing in writing within 20 days of the mailing of the preliminary determination, a hearing shall be held before the legislative body, notice of which shall be given to all affected property owners. The legislative body’s ruling shall be final.
(3) The contract must be recorded in the appropriate county auditor’s office within 30 days of the final execution of the agreement.
(4) If the contract is so filed, it shall be binding on the owners of record within the assessment area who are not party to the contract. (Ord. 773 § 6, 1987).
11.16.070 Alternative financing.
As an alternative to financing a project solely by owners of real estate, the city may join in the financing of improvement projects and may be reimbursed in the same manner as the owners of real estate who participate in the projects as described under this chapter. The conditions for city participation are that the project have city-wide or area-wide impact and that the improvements paid for benefit the general public in excess of the benefits to the property identified in OHMC 11.16.010. The city costs for improvements that benefit the general public may not be reimbursed. The city may be reimbursed only for the costs of improvements that benefit that portion of the public who will use the development within the assessment reimbursement area established pursuant to OHMC 11.16.060. (Ord. 773 § 7, 1987).