Chapter 13.21
EQUIVALENT LOT RATES AND CHARGES
Sections:
13.21.040 Equivalent lot criteria.
13.21.050 Calculation of equivalent lots.
13.21.060 Application for reduction.
13.21.070 Application approval or denial.
13.21.080 Conditions of approval.
13.21.100 Payment of fees, penalties and interest.
13.21.110 Exemptions from retroactive assessment.
13.21.120 Information required.
13.21.010 Application.
The provisions of this chapter shall be limited to the assignment of equivalent lots to tracts for the purpose of assessing charges for standby water and storm drainage services. This chapter shall have prospective application only. No reduction made pursuant to its provision shall in any way impair the right of the city to collect for services billed prior to the effective date of the reduction. (Ord. 482 § 1, 1989)
13.21.020 Administrator.
The city manager or his designee shall be responsible for the interpretation and application of the provisions of this chapter. (Ord. 482 § 2, 1989)
13.21.030 Definitions.
Unless specifically provided otherwise, the definitions of terms used in this chapter shall be the same as those assigned to those terms elsewhere in this title. (Ord. 482 § 3, 1989)
13.21.040 Equivalent lot criteria.
When assigning a number of equivalent lots to a tract, the administrator shall consider the following:
A. The permitted and prohibited uses applicable to the tract;
B. The physical characteristics of the land which may prevent or interfere with the development of all or a portion of the parcel;
C. Whether or not a city water line or storm drainage improvement actually abuts upon the potential equivalent lot;
D. Whether or not the property owner could obtain the necessary permits and other approvals necessary to develop the potential equivalent lot;
E. The owner’s intentions regarding future development of the tract; and
F. The public benefit to be derived by preservation of all or a portion of the tract in an undeveloped or less intense use.
(Ord. 482 § 4, 1989)
13.21.050 Calculation of equivalent lots.
The administrator, upon the written request of any owner of a tract, shall determine if the present number of equivalent lots assigned to that tract is proper after applying the considerations set forth in Section 13.21.040. If, following review, the existing number is found to be improper, a new assignment shall be made consistent with this chapter. The water department shall be advised in writing of the adjustment and all future billings shall be consistent with the revision. The administrator shall have the discretion to assign a number greater, equal to, or less than the previous number. (Ord. 482 § 5, 1989)
13.21.060 Application for reduction.
A. Any owner of a tract of real property within the corporate limits of the city may apply to the administrator for a reduction in the number of equivalent lots assigned to his tract. Application shall be made upon forms prepared by the city. The application shall be accompanied by a reasonable processing fee to be established by the administrator. Such application shall require only such information as is reasonably necessary to review the tract’s equivalent lot status.
B. Regardless of the number of equivalent lots assigned by the administrator pursuant to the criteria previously discussed, a property owner may apply for an additional reduction to a number consistent with his anticipated future development of that tract. Such application must be supported by the verified statement of the owner acknowledging the penalties that can be imposed pursuant to this chapter in the event development by himself or a subsequent owner within the required periods exceeds his projection.
(Ord. 482 § 6, 1989)
13.21.070 Application approval or denial.
The administrator shall act upon the application with due regard for all relevant evidence, including the criteria described above. The application shall be deemed to have been approved unless the applicant is advised in writing of the extent to which the application is denied within sixty days of receipt by the city. An owner who receives notice that his application has been denied may appeal such denial to the city council or its designee. (Ord. 482 § 7, 1989)
13.21.080 Conditions of approval.
If an owner’s application filed pursuant to Section 13.21.060 of this chapter is approved, then the reduction in equivalent lots shall be conditioned upon the following:
A. The reduction shall apply only with respect to charges for standby water service and storm drainage service. The reduction shall in no way limit the ability of the city to establish equivalent lots for other purposes anticipated by this code;
B. For a period of five years from the grant of the application, the owner and any successive owner shall be prohibited from developing the tract or any portion thereof in excess of the plan set forth in the verified application;
C. If within five years of the grant of an application the property is developed in excess of the application, then the owner shall be retroactively billed to the date the application was granted for the difference between what he has paid for standby water and storm drainage charges, and what he would have been billed if he had not applied for a reduction. Such retroactive charge shall include interest at the highest rate allowed by law on judgments, plus a ten percent penalty for the administrative charges associated with the computation and billing of the retroactive charges.
(Ord. 482 § 8, 1989)
13.21.090 Renewal.
An approved application for reduction in equivalent lots shall be valid for a term of five years. No later than thirty days, nor sooner than one hundred eighty days before the expiration of that term, the owner may reapply for an additional five-year term. The process for the submission, review, approval and enforcement of that renewal shall be the same as for the initial application. (Ord. 482 § 9, 1989)
13.21.100 Payment of fees, penalties and interest.
Any additional fees, penalties or interest imposed upon an applicant for excessive development shall be payable in full within thirty days after the date which the statement therefor is rendered. The total additional charges shall become a lien on the land which shall attach as of the date of the statement. Upon expiration of the thirty-day period without payment, such lien may be foreclosed in the same manner provided by law for the foreclosure of utility liens. (Ord. 482 § 10, 1989)
13.21.110 Exemptions from retroactive assessment.
The retroactive charges discussed in Section 13.21.080 shall not be imposed upon the owner of the property if:
A. The property is transferred to a governmental agency;
B. The land is transferred within two years after the death of an owner of at least fifty percent of the interest in the tract;
C. A natural disaster, or other calamity, substantially impairs the anticipated use of the property compelling greater development; or
D. Governmental action after the date of any initial or renewal application which disallows the use anticipated by the owner and compels development in excess of his verified application.
(Ord. 482 § 11, 1989)
13.21.120 Information required.
The administrator may require successful applicants to submit pertinent data regarding the use of the land and similar information relevant to the continuation of the equivalent lot reduction. (Ord. 482 § 12, 1989)