Chapter 11.30
STREET EXTENSION
Sections:
11.30.030 Reimbursement
agreement request
11.30.050 Collection of pro
rata cost
11.30.070 Determination of
pro rata cost
11.30.080 Developer
reimbursement
11.30.090 Disposition of
revenue
11.30.010 Purpose. It is the intent of this
chapter to provide a method to reimburse a developer for the cost of extending
a street to his property past other benefiting properties. (Ord.
85-38 (part), 1985).
11.30.020 Definitions. In this chapter, unless
otherwise provided, or the context otherwise requires, the following words and
phrases shall have the meaning set forth below:
a. "Benefiting property" means area
which will directly benefit by a specific street extension.
b. "Cost of extension" means the
developer's actual direct cost of construction a street extension, including a
total of fifteen percent of the actual direct cost for the developer's overhead
and profit.
c. "Developer" means a property
owner who is developing his property.
d. "Front lot line" means, in the
case of an interior lot, a line separating the lot from the street, or place;
in the case of a corner lot, a line separating the narrowest street frontage of
the lot from the street. In the case of a square, or
nearly square-shaped corner lot, the owner may choose which street he shall
designate as the front of the lot. Once the choice of frontage has been made,
it cannot be changed unless all requirements for yard space are complied with.
e. "Lot width" means the distance
between straight lines connecting front and rear lot lines at each side of the
lot, measured between the midpoints of such lines, provided that such
measurement shall not extend beyond the lot lines of the lot being measured.
f. "Rear lot line" means a lot line
which is opposite and most distant from the front lot lien and, in case of an
irregular or triangular lot, a line ten feet in length within the lot, parallel to and at the
maximum distance from the front lot line.
g. "Road frontage" means the width
of a lot along the front lot line. (Ord. 85-38 (part), 1985).
11.30.030 Reimbursement
agreement request. a. The developer may request in writing a
reimbursement agreement if the street extension benefits property other than
his own, and the developer cannot include other property owners in the request
which would be sufficient to create a local improvement district.
b. The developer's request for a
reimbursement agreement shall include the following:
1. An affidavit or other
written evidence that the other benefiting property owners do not wish to be
included in the development; and
2. An
itemized report, with supporting documentation, of the actual direct cost of the
extension, including a total of fifteen percent of the actual direct cost of
the extension for the developer's overhead and profit.
c. The developer shall make his request for a
reimbursement agreement prior to acceptance of the street extension by the
city. (Ord. 85-38 (part), 1985).
11.30.040 Term of agreement. The reimbursement agreement
shall be valid from the date of acceptance of the street extension by the City.
(Ord. 85-38 (part), 1985).
11.30.050 collection of pro rate cost. The City shall collect from
the other benefiting property owners their pro rata share of the street
extension cost plus interest of five percent per year, but not to exceed the
current tax assessed value of property, and a fifteen percent administrative
fee at the time the property owner commences development of his property. (Ord. 85-38 (part), 1985).
11.30.060 Payment plan. A payment plan with annual
installments may be utilized to pay the pro rata costs by other benefiting
property owners. The term of payment plan shall be determined prior to the
issuance of City construction permits and subject to City Council approval. (Ord. 85-38 (part), 1985).
11.30.070 Determination of pro rata cost. The reimbursement agreement
shall stipulate the pro rata unit cost of the street extension. The pro rata
distribution of cost shall be determined in accordance with Homer City Code
Chapter 17.12, Capital Improvement Assessment Computation, and/or using the
formula described in Section 14.12.030, Zone connection fee. (Ord.
85-38 (part), 1985).
11.30.080 Developer reimbursement. The City shall reimburse to
the developer the funds collected as a lump sum or as an annual payment, less
the fifteen percent administrative fee, from the other benefiting property
owners within ninety days of the actual collection date. (Ord.
85-38 (part), 1985).
11.30.090 Disposition of
revenue. Revenues collected (i.e., the fifteen percent
administrative fee and interest) shall be deposited in the City Treasury and
utilized to finance future street extensions. (Ord. 85-38
(part), 1985).