§ 10.32.09. Fair share methods.

If the proposed development would cause the LOS standard on a water or wastewater facility to fall below the minimum accepted level as determined under the city's management system, mitigation of impact is required to improve the deficiency prior to the impacts of the proposed development. The impact may be mitigated through payment of fair share payments, in-kind payments consisting of providing an authorized improvement, or a combination of the two.

Any improvement in the comprehensive plan schedule of capital improvements to which fair share payments are to be allocated, and any authorized improvement, either of which, once constructed, will result in a positive impact to the water or wastewater facility impacted by the proposed development, will be deemed to provide water or wastewater facilities adequate to serve the proposed development.

The monetary contribution will be equal to or greater than the sum of the proposed development's fair share obligation for improving the water or wastewater facility:

A.

At the applicant's option, he or she may opt to construct an authorized improvement if, after the application of the model to it, the authorized improvement would positively impact the water or wastewater facility. Any construction of an authorized improvement under this chapter must be first approved by the city and conform to any applicable city, county or state department of environmental quality standards and regulations.

B.

In the even the application opts to construct an authorized improvement, and the cost of the authorized improvement, arrived at using the methodology described is less than the applicable fair share obligation, then the applicant must pay the difference to the city to satisfy its fair share obligation.

C.

In the even the applicant opts to construct an authorized improvement, then, prior to commencing construction, the applicant, or the applicant's contractor must demonstrate financial responsibility for the completion of the improvement by submitting a payment bond and performance bond in favor of the city.

D.

In the event the applicant constructs an authorized improvement, then at the time of dedication to city, the applicant shall be required to post a warranty bond against faulty workmanship, as is more particularly described in the city's subdivision ordinances.

( Ord. No. 2006-40, § 9 )