DEVELOPMENT
IN AREAS WITHOUT EXISTING SERVICES
SECTION
1
22.1.1 PURPOSE.
(1) The
purpose of this Chapter is to provide policies, standards, requirements and
procedures to regulate and control the development of land that is not served
by utilities and City services, to ensure that all such developments are
provided with necessary utilities and services, and to provide for a system to
reimburse a developer who extends services to an area when said services have
excess capacity that may benefit other developments in the same area.
22.1.2 DEVELOPMENT
BEYOND EXISTING UTILITIES AND SERVICES.
(1) In
order to preserve limited resources and to better use existing City utilities
and services, Grantsville City discourages the development of land that is
beyond the reach of existing City utilities and services. Grantsville City also encourages reasonable
growth and development that is readily served by existing City utilities and
services and other public utilities.
(2) Any
developer of land that is not in close proximity to City utilities and services
including improved streets and other public utilities,
shall be required to install at its expense any municipal improvement and other
necessary public utilities to its property as a condition of development
approval. These improvements shall be in
addition to any other required on site improvements and shall be in addition to
all impact fees regularly imposed by the City.
(3) Any
developer who benefits from the excess capacity of municipal improvements
constructed or installed at the expense of a previous developer, shall as a
condition of development approval be required to reimburse the previous
developer pursuant to provisions of this Chapter.
22.1.3 EXCESS
CAPACITY REIMBURSEMENT
(1) If,
in the course of prudent planning for the orderly development of land within
the City, a developer of land is required by the City, as a condition of
development approval, to construct and install, at the developer’s expense,
municipal improvements with capacity in excess of that necessary to serve the
developer’s project or to extend municipal improvements beyond the limits of
existing services, when said improvements contain the capacity to serve other
developments in the same area, such developer shall be entitled to
reimbursement for that portion of the cost thereof which is attributable to the
excess capacity of said improvements, in conformance with the following and
provided said improvements cost more than $5,000.:
(a) As
a condition to receiving reimbursement, the original developer shall submit a
written request for reimbursement at the time of development approval and upon
completion of said improvements an itemized statement of the actual costs and
expenses incurred by the original developer in the construction and
installation of the municipal improvements covered by this Chapter. The City shall submit the request to the City
Engineer who shall review the same and prepare a report analyzing the costs,
calculating the extent of any excess capacity and that portion of the cost
attributable to the excess capacity, and defining the benefits which may be
received in connection with the development of other lands out of the excess
capacity of the improvements, and thereupon determine the amount of
reimbursement potentially due and owing to the original developer. The benefit which may be received by
subsequent developers of other lands inuring out of the excess capacity shall
be determined on a case-by case basis, weighing such factors as total
developable acreage, front footage, usage etc.
The total amount of any such reimbursement that could potentially be
assessed against subsequent developers shall be approved by the City Council
and certified to the original developer, in writing.
(b) The
City shall reimburse an original developer out of funds as and when collected
by the City from the developers of any land which subsequently benefits from
the excess capacity of said improvements, subject to the following:
(i) Based upon the City’s engineering report,
the City Council shall approve the pro-rata amount of any
reimbursement due to the original developer from each subsequent developer
benefiting from the excess capacity, and the City shall collect such amount in
full, from each subsequent developer as a condition to such subsequent
developer’s final plat or development approval.
The City shall pay the reimbursable amount collected from each
subsequent developer to the original developer within sixty (60) days from the
date of receipt of said funds. The
current address of the original developer to which such funds shall be
transmitted shall be kept on file with the City by the original developer. In addition to collecting the reimbursable
amounts from subsequent developers as provided for herein, the City shall be
entitled to collect an administrative fee equal to five percent (5%) of the
reimbursement amount from said subsequent developer to offset its fees and
expenses in administering this Chapter.
All amounts due under this Chapter shall be paid by the developer at the
same time as the developer submits its financial assurance to the City for
off-site and common open space improvements, except that the reimbursements and
fees for the development of individual residential lots or lots in minor
subdivisions shall be paid at the time of the acquisition of a building permit.
(ii)
At the time of collection of any
reimbursement amount from a subsequent developer, and as a condition to final
plat or development approval, each subsequent developer shall be required to
execute a written waiver and acknowledgment pursuant to which such subsequent
developer shall expressly waive any and all claims which it may then or in the
future have against the City with respect to the quality of the workmanship of
the improvements or the sufficiency of the capacity or the suitability or
fitness of the improvements for such subsequent developer’s project, and
acknowledge that such subsequent developer shall utilize and/or receive the
benefit of the excess capacity of the improvements in their “as is” “where is”
condition, without warranty of any kind, express or implied.
(iii)
In addition to the pro-rata share of
the cost of the public improvements, and the administrative fee of the City, a
fixed simple interest of three percent (3%) per annum shall be added to the
subsequent developer’s pro-rata cost of the public improvements, which interest
shall accrue from January 1st of the first full calendar year after
the original developer’s application for reimbursement of excess capacity is
approved.
(iv) The
reimbursement amount, interest and administrative fee to be collected by the
City from any subsequent developer for payment to the original developer
hereunder shall be in addition to any development or impact fees which are
required to be paid to the City by any such subsequent developer in connection
with the development of such subsequent developer’s land. Nothing herein shall constitute a waiver of
any such fees, and the original developer shall have no claim or interest in
them.
(v) The City does not guarantee that any
subsequent developer will develop land and thus utilize any of the excess
capacity available in the improvements or that the original developer will
recoup any or all of the reimbursement amount during a fifteen year period or
other period approved by the City Council.
(c)
The City and the developer may
agree, in writing, to a plan or procedure for reimbursement other than that set
forth herein, including, without limitation credits for impact fees and/or
other development exactions, etc.
(d)
The original developer’s right of
reimbursement hereunder shall continue for a period of fifteen (15) years from
the date of such certification or such other period as may be deemed appropriate
under the circumstances and approved by the City Council. The City’s obligation for reimbursement shall
terminate upon payment to the original developer, in full, of the total
reimbursement amount, plus interest, or at the expiration of the fifteen year
period or other time period approved by the City Council, whichever first
occurs.
22.1.4 EFFECTIVE DATE - APPLICATION.
(1) The
provisions of this Chapter shall apply to all covered improvements installed by
a developer after March 10, 2000. Developers
seeking reimbursement under this Chapter shall submit an application for
reimbursement prior to final plat approval or in the case of minor subdivisions
prior to final approval by the City Council.
Developers of single lots shall submit an application for reimbursement
at the time of their application for a building permit. Developers installing qualifying
improvements shall submit to the City an itemized statement of the actual costs
and expenses incurred, within six months of the completion of the installation
of the improvements that qualify for reimbursement under this Chapter.