§ 10.32.12. Administration.

Fair share payments are due at one of the following times: fair share payments for residential development are due upon the recording of the final plat. Fair share payments for commercial development are due at the time the building permit is issued by the city.

Authorized improvements as part of residential development involving dedications to the city must be completed upon final acceptance of the improvements and receipt of warranty bond by the commission. Authorized improvements as part of residential development not involving dedications to the city must be completed upon the recording of the final plat. Authorized improvements as part of commercial development must be completed at the time the certificate of occupancy for said development is issued by the city.

Payments or improvements made pursuant to the fair share methods are non-refundable.

If at the time of assessing a development's fair share obligation the city has annexed the area, then the development's fair share obligation will be credited against the total water or wastewater impact fee due. At the time the fair share obligation is being determined, the city shall also compute the anticipated impact fee obligation for the proposed development. If the development's fair share obligation is less than the development's anticipated total impact fee, then the applicant must pay the difference to the city to fulfill its fair share obligation. The fair share obligation is intended to mitigate the water or wastewater impacts of a proposed development at a specific location. As a result, any impact fee credit, if provided for in an impact fee ordinance, and given based upon fair share payments for a proposed development, cannot be transferred to any other location.

The department will update its water/wastewater modeling analyses for use in the administration of the fair share program, at a minimum, on an annual basis.

An applicant may submit a letter to withdraw an application for a fair share agreement at any time prior to the execution of the agreement. The application fee paid to the city will be non-refundable.

The following events shall constitute a material default under the terms of a fair share agreement and subject the fair share agreement to termination by the city at a duly noticed public hearing:

A.

Failure to make a fair share payment in accord with the requirements of the fair share agreement and this chapter, which failure is not cured within ten (10) days of receipt of notice of same from the city. In the event of termination, the applicant will not be entitled to a return or refund of any payments previously made.

B.

Failure to commence or complete an authorized improvement in accord with the requirements of the fair share agreement and this chapter. The city will terminate the fair share agreement if the default is not cured within twenty (20) days of receipt of notice from the city of the default. In the event of termination, the applicant will not be entitled to a return or refund of any fair share payments previously made which may have been part of the applicant's total fair share obligation. Delay caused by entities outside of the control of the applicant such as governmental regulatory agencies with jurisdiction over the proposed development shall not constitute a default under this subsection as long as the applicant demonstrates a good faith effort to resolve delays as expeditiously as possible. In the event of a delay caused as a result of these circumstances, an extension of time to complete the authorized improvement will be authorized by the coordinator but only so much time as is necessary to complete the authorized improvement. Delays caused by weather which is not typical or expected for the applicable time of year shall not constitute a default under this subsection and shall be administered in the same manner as delays caused by regulatory agencies, as further described above.

C.

Failure of the applicant or its approved contractor to maintain the insurance and bond requirements required by the fair share agreement and this chapter. The city will terminate the fair share agreement if the default is not cured within fifteen (15) days of receipt of notice from the city of the default. During any time of default prior to cure, all work being performed on the authorized improvement must stop. In the event of termination, the applicant will not be entitled to a return or refund of any fair share payments previously made which may have been part of the applicant's total fair share obligation.

D.

In the event of a termination of a fair share agreement for any reason, all development approvals in the fair share agreement for which the fair share obligation has not been satisfied and all water or wastewater capacity reservations for unbuilt units or development for all utility network links within the impact area of the proposed development, which were reserved pursuant to the management system, if any exist or are applicable, shall immediately expire and the capacity reserved thereby released.

( Ord. No. 2006-40, § 12 )