Chapter 22.10


22.10.010    Purpose.

22.10.020    Definition of development.

22.10.030    Determination of direct impact.

22.10.040    Costs.

22.10.050    Mitigation of direct impacts.

22.10.060    Methods of mitigation.

22.10.070    Appeals.

22.10.010 Purpose.

It is the purpose of this chapter to provide alternatives for prospective developers of land within the City to mitigate the direct impacts that have been specifically identified by the City as a consequence of proposed development, and to make provisions for, including but not limited to the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, and sites for schools and school grounds. (Ord. 30 § 1, 1993)

22.10.020 Definition of development.

For purposes of this chapter, the term “development” shall include, but not be limited to, subdivisions, short subdivisions, binding site plans, building permits, and any other development activity defined by the zoning code. (Ord. 30 § 1, 1993)

22.10.030 Determination of direct impact.

Before any development is given the required approval or is permitted to proceed, the official or body charged with deciding whether such approval should be given shall determine direct impacts, if any, that are a direct consequence of the proposed development and which require mitigation, considering, but not limited to, the following factors:

(1) Predevelopment versus postdevelopment need for services such as City streets, sewers, water supplies, drainage, facilities, parks, playgrounds, recreational facilities, schools, police services, fire services, and other municipal facilities and services. Need shall be measured not only from increased demand created by the development itself, but any reduction in the municipal facilities or services brought about as a direct result of the     development.

(2) Likelihood that a direct impact of a proposed development would require mitigation due to the cumulative effect of such impact when aggregated with the similar impacts of future development in the immediate vicinity of the proposed development;

(3) Size, number, condition and proximity of existing facilities to be affected by the proposed development;

(4) Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development;

(5) Likelihood that the users of the proposed development will benefit from any mitigating capital improvements or programs; and

(6) Any significant adverse environmental impacts of the proposed development identified in the process of complying with the Environmental Policy Ordinance or the State Environmental Policy Act. (Ord. 193 § 1, 1997; Ord. 30 § 1, 1993)

22.10.040 Costs.

The cost of any investigation, analysis or reports necessary for a determination of direct impact shall be borne by the applicant. (Ord. 30 § 1, 1993)

22.10.050 Mitigation of direct impacts.

The official or body charged with granting the necessary approval for a proposed development shall review an applicant’s proposal for mitigation, any identified direct impacts and determine whether such proposal is a reasonable and acceptable mitigation measure considering the cost and land requirements of the required improvement and the extent to which the necessity for the improvement is attributable to the direct impacts of the proposed development. No official or body shall approve a development unless reasonable provisions have been made to mitigate identified direct impacts that are direct consequences of such development. (Ord. 30 § 1, 1993)

22.10.060 Methods of mitigation.

(1) The methods of mitigating identified direct impacts required as a condition of any development approval may include, but are not limited to, dedication of land to any public body, off-site improvement, on-site improvements, and other capital or noncapital methods that may effectively reduce direct impacts.

(2) In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, the City may approve a voluntary payment agreement with the developer, and shall be subject to the following provisions:

(a) The official or body approving development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact.

(b) The payment shall be held in a reserve account and may only be expended to fund a capital improvement or program agreed upon by the parties to mitigate the identified direct impact.

(c) The payment shall be expended in all cases within five years of collection, unless otherwise agreed to by the developer.

(d) Any payment not expended within five years of collection shall be refunded to the property owners of record at the time of the refund with interest at the rate earned in the City’s reserve account applicable at the time of refund. If the payment is not expended within the five years due to delay attributable to the developer, the payment shall be refunded without interest.

(e) Property owners entitled to a refund and/or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for specified period of time in the interest of providing the designated capital improvement or other capital improvement or program identified by the property owner, and acceptable to the City.

(f) The developer may voluntarily and in writing waive, on behalf of the developer and subsequent purchasers, the right to interest and or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the county where the property is situated and shall be binding on subsequent owners.

(3) The developer or applicant may choose to pay a fee in lieu of reservation of all or portions of open space areas required. If the applicant offers to pay money in lieu of open space and if the City accepts the offer, the amount shall be determined based upon the square footage of open space which otherwise would have been required to be provided times the then-current market value per square foot of similarly situated property. (Ord. 30 § 1, 1993)

22.10.070 Appeals.

Any decision of the City official or body made under this chapter, including the determination of direct impact, the type and amount of impact, the extent of the mitigation required, and the selection of the method of mitigation shall be subject to                                             appeal in the same manner and at the same time as appeals of the underlying development permit. Failure to appeal such decision shall prevent the applicant from further judicial review of this issue. (Ord. 193 § 2, 1997; Ord. 30 § 1, 1993)