3.03.100 Obligation to pay reimbursement fee.
A. Duration of Reimbursement District.
1. Duration. The obligation to pay the reimbursement fee continues as long as the reimbursement district remains in effect. A reimbursement district established under this chapter shall remain in full force and effect for a period of 10 years from the date of the resolution approving district formation, unless the resolution creating the reimbursement district specifies a shorter time period, or extensions are granted under this section.
2. Extensions. A reimbursement district may be extended for two additional five-year periods at the council’s discretion, for a total of 10 additional years. The developer may file a written extension application requesting that the reimbursement district remain in effect for an additional period.
3. Extension Application. The application shall describe:
a. The remaining useful life of the public improvement(s);
b. The continuing benefit to reimbursement district properties; and
c. Explain why there is good cause for the extension.
4. Extension Process.
a. The city must provide notice of the public hearing for the requested extension in accordance with BC 3.03.050(B).
b. The council must hold a public hearing for the extension request at least 10 days after the public hearing notice is mailed.
c. After the public hearing the council may by resolution approve the extension for up to five additional years if it finds that: (i) the developer demonstrated good cause for the extension, and (ii) the value of the public improvement(s) to the reimbursement district properties remains sufficient to warrant reimbursement.
d. If an extension is approved by the council, the city shall provide notice of the council’s decision as provided in BC 3.03.070 and file a copy of the resolution with the county clerk as provided in BC 3.03.080.
B. Obtaining Permits. An applicant for a city permit listed below to develop property within a reimbursement district shall upon approval of the permit pay the city, in addition to any other applicable fees and charges, the reimbursement fee established by the council:
1. A building permit for a new building;
2. Building permit(s) for any addition(s), modification(s), or alteration(s) of a building which cumulatively exceed 25 percent of the existing square footage in any 36-month period;
3. A development permit as defined in this chapter;
4. A permit issued for connection to a public improvement.
C. Connection to Public Improvements. The reimbursement fee is immediately due and payable to the city upon issuance of a permit or connection to a public improvement as provided in this section. If connection is made, or construction commenced, without required city permits, then the reimbursement fee is immediately due and payable upon the earliest date that a permit was required.
D. Waiver by Developer. A person who is required to pay a reimbursement fee under this section may present to the city a full or partial waiver in lieu of paying all or a portion of the required reimbursement fee. Such waivers shall be on forms provided by the city, signed by the developer, and shall be acknowledged before any notary public within the state. The waiver shall expressly state the amount of the reimbursement fee waived by the developer.
E. Previous Payment of Reimbursement Fee. A person is not required to pay a reimbursement fee for a public improvement if the reimbursement fee allocated to property for that public improvement was previously paid. A permit will not be issued for any of the activities listed in subsection B of this section unless the reimbursement fee, together with the amount of accrued interest, has been paid in full. If a land use permit has been approved, but no subsequent building permits or other development permits are requested or issued, the requirement to pay the reimbursement fee expires if the underlying land use approval expires.
F. The city’s determination of the person responsible for paying the reimbursement fee and when the fee is due is final. [BC 3.03.100, added by Ordinance No. 4834, 1/17/23]