2.20.010 Application.
A. The City and any person who builds a street, water or sewer improvement to City standards and specifications and conveys the improvements to the City or the public may by written application request that the City establish a reimbursement district covering properties that will be benefited by the improvements. The street, water and sewer improvements must include improvements in addition to or in a size greater than those which would otherwise ordinarily be required in connection with an application for permit approval and must be available to provide service to property other than property owned by the applicant. Examples include but shall not be limited to full street improvements instead of half street improvements, off-site sidewalks, connection of street sections for continuity, extension of water lines and extension of sewer lines. The application shall be accompanied by a fee, as established by resolution, sufficient to cover the cost of administrative review, including the City Engineer’s report, and notice required by this chapter.
B. The application must be filed with the City before improvements are constructed.
C. The application shall include the following:
1. A description of the location, type, size and cost of the public improvement to be eligible for reimbursement.
2. A map showing the properties to be included in the proposed reimbursement district; the zoning district for the properties; the front footage or square footage of said properties, or similar data necessary for calculating the apportionment of the cost; and the property or properties owned by the applicant.
3. The estimated cost of the improvements as evidenced by bids, projections of the cost of labor and materials, or other evidence satisfactory to the City Engineer. If the project is eligible for SDC credit, the anticipated amount of SDC credit shall be stated.
4. The estimated date of completion of the public improvements.
5. Applicant may request a discretionary annual fee adjustment, which, if granted, will be administered pursuant to BC 2.20.065.
6. An acknowledgement by the applicant that the applicant agrees to indemnify, defend and hold harmless the City, its elected officials, appointed officials, employees and agents from any and all claims that may arise from the creation or administration of the district. This acknowledgement shall release the City, its elected officials, appointed officials, employees and agents from any and all claims that reimbursement fees were improperly collected, collected in the wrong amount, or not collected at all, for any reason, including negligence on the part of the City, its elected officials, appointed officials, employees and agents. The applicant shall acknowledge that the applicant accepts all risk that reimbursement will not occur, or will not occur in the amount expected by the applicant. [Ord. NS-2182, 2012]