REIMBURSEMENT AGREEMENTS
Sections:
20.460.010 Purpose.
20.460.020 General provisions.
20.460.030 Application procedure.
20.460.040 Action by the planning commission and board.
20.460.050 Findings for approval.
20.460.060 Enforcement.
20.460.010 Purpose.
The purpose of this chapter is to provide for agreements for reimbursement of the costs of constructing capital improvements or
public facilities which result in a benefit to the community and subsequent development. (Ord. 763, 1996; Ord. 509, 1989)
20.460.020 General provisions.
When the owner or developer of property funds construction of capital improvements or public facilities likely to be served by f
uture or other development, it may request, as part of its approval, that the county enter a reimbursement agreement.
(Ord. 763, 1996; Ord. 509, 1989)
20.460.030 Application procedure.
A. The request for reimbursement agreement shall be made and filed together with the application for tentative subdivision, planned development or specific plan approval. The board or planning commission may permit a request for reimbursement agreement to be filed following public hearings on the tentative subdivision, planned development or specific plan if the hearings result in imposition of conditions for approval that require the construction of qualifying capital improvements or public facilities.
B. The request for reimbursement agreement shall include a definition of the capital improvement or public facility, the cost, with support materials, a reimbursement plan, a description of the benefit area and the parcels included therein, and a method for determining the proportionate cost to be assessed against such parcels, when developed.
C. An application for a reimbursement agreement shall be made on a form provided for that purpose by the community development department, along with any required fee or deposit established by resolution.
D. The term of the reimbursement agreement shall not exceed ten years. (Ord. 763, 1996; Ord. 509, 1989)
20.460.040 Action by the planning commission and board.
A. The planning commission shall consider the request for reimbursement agreement in connection with its hearing on the
application for tentative approval of the subdivision, planned development or specific plan, and determine if the capital improvement
or public facility is consistent with the master plan. If the planning commission makes such a finding and recommends approval of the
reimbursement agreement, then its recommendation will be forwarded to the board for action.
B. At the board level, the public hearing on the request for reimbursement agreement may be held on the same date as the
application for tentative approval, but will be posted as a separate item on the agenda, and separately noticed. In addition to the
notice otherwise required by section 20.20.030, notice and copies of the reimbursement plan shall be served on the owners of the
affected parcels, at least ten days before the hearing. (Ord. 801, 1997; Ord. 763, 1996)
20.460.050 Findings for approval.
The decision whether to enter a reimbursement agreement is discretionary, and nothing contained in this chapter is intended
to vest enforceable rights to a reimbursement agreement in any person. In determining whether to enter a reimbursement
agreement, the board shall make affirmative findings as follows:
A. The cost of the capital improvement or public facility is reasonable and the reimbursement plan is fair and equitable to the
parcels to be charged thereunder.
B. Construction of the capital improvement or public facility is consistent with the master plan and represents a substantial and
measurable benefit to the community.
C. There are adequate resources for the annual operation and maintenance of the facility.
D. The costs of administering the reimbursement agreement have been advanced by the applicant and will not create an
unreasonable burden of the county disproportionate to the size of the project and the benefit to the community. (
Ord. 763, 1996)
20.460.060 Enforcement.
Copies of the reimbursement agreement and plan shall be recorded in the office of the Douglas County recorder and filed in
the office of the department. When the owner of a parcel included in the reimbursement plan applies for a development permit for
the parcel, he or she shall comply with the terms of the reimbursement agreement as a condition of the issuance of a permit.
(Ord. 801, 1997; Ord. 763, 1996)
