The purpose of this chapter is to provide for agreements for reimbursement of the costs of constructing capital improvements or public facilities which result in a benefit to the community and subsequent development. (Ord. 603, 11-1-2018)

When the owner or developer of property funds construction of capital improvements or public facilities likely to be served by future or other development, it may request, as part of its approval, that the County enter a reimbursement agreement. (Ord. 603, 11-1-2018)

   A.   The request for reimbursement agreement shall be made and filed together with the application for tentative subdivision, planned development or specific plan approval. The Board or commission may permit a request for reimbursement agreement to be filed following public hearings on the tentative subdivision, planned development or specific plan if the hearings result in imposition of conditions for approval that require the construction of qualifying capital improvements or public facilities.

   B.   The request for reimbursement agreement shall include a definition of the capital improvement or public facility, the cost, with support materials, a reimbursement plan, a description of the benefit area and the parcels included therein, and a method for determining the proportionate cost to be assessed against such parcels, when developed. The appropriateness of the benefit area boundary will be reviewed and approved by the department and other involved County departments and changes or modifications to the suggested benefit area may occur.

   C.   An application for a reimbursement agreement shall be made on a form provided for that purpose by the department, along with any required fee or deposit established by resolution.

   D.   The term of the reimbursement agreement shall not exceed ten (10) years unless an alternative term is mutually agreed by the County and the owner or developer. (Ord. 603, 11-1-2018)

   A.   The commission shall consider the request for reimbursement agreement and the extent of the benefit area boundary in connection with its hearing on the application for tentative approval of the subdivision, planned development or specific plan, and determine if the capital improvement or public facility is consistent with the master plan. If the commission makes such a finding and recommends approval of the reimbursement agreement, then its recommendation will be forwarded to the Board for action.

   B.   At the Board level, the public hearing on the request for reimbursement agreement and the extent of the benefit area boundary may be held on the same date as the application for tentative approval, but will be posted as a separate item on the agenda, and separately noticed. In addition to the notice otherwise required by section 15.09.01 of this title, notice and copies of the reimbursement plan shall be served on the owners of the affected parcels, at least ten (10) days before the hearing. (Ord. 603, 11-1-2018)

The decision whether to enter a reimbursement agreement is discretionary, and nothing contained in this chapter is intended to vest enforceable rights to a reimbursement agreement in any person. In determining whether to enter a reimbursement agreement, the Board shall make affirmative findings as follows:

   A.   The cost of the capital improvement or public facility and the extent of the benefit area boundary is reasonable and the reimbursement plan is fair and equitable to the parcels to be charged thereunder.

   B.   Construction of the capital improvement or public facility is consistent with the master plan and represents a substantial and measurable benefit to the community.

   C.   There are adequate existing or appropriately planned resources for the annual operation and maintenance of the facility.

   D.   The costs of administering the reimbursement agreement have been advanced by the applicant and will not create an unreasonable burden of the County disproportionate to the size of the project and the benefit to the community. (Ord. 603, 11-1-2018)

Copies of the reimbursement agreement and plan shall be recorded against each of the parcels within the approved benefit area in the Office of the Lyon County Recorder and filed in the office of the department. When the owner of a parcel included in the benefit area of the reimbursement plan applies for a development permit for the parcel, he or she shall comply with the terms of the reimbursement agreement as a condition of the issuance of a permit. (Ord. 603, 11-1-2018)