12.64A.050 Deferral and fee in lieu of improvements.
A. The city engineer may grant a deferral or payment of fee in lieu of improvements for some or all of the improvements required under this chapter on receipt of a written request from the applicant, or may require a deferral or payment of fee in lieu of improvements for some or all of the required improvements. Dedication of necessary right-of-way may not be deferred or satisfied through payment of a fee in lieu. The city engineer’s decision regarding deferral or payment of a fee in lieu will take into account, among other considerations, the following criteria:
1. Proximity to or lack of similar improvements within the roadway corridor;
2. Continuity of infrastructure improvements within the public right-of-way;
3. Pending projects programmed within the corridor that may impact the street frontage of the subject property;
4. Safety considerations;
5. Traffic volumes and travel patterns;
6. Storm drainage needs;
7. Input from the police; parks, arts, and recreation; community development department; information services; and the local fire authority.
B. For those improvements either deferred or for which a fee in lieu is paid, the applicant will be required to:
1. Execute and record an agreement not to protest the formation of a future local improvement district (LID) formed for the construction of those improvements; and
2. Execute and record an agreement to defer the completion of the required improvements by the applicant until the city determines the improvements are needed; or
3. Pay a fee in lieu of improvements based on the city’s estimated costs to complete the required improvements. The city will have the discretion to require payment of a fee in lieu of improvements instead of the execution and recording of deferral agreements when the street improvements are part of an identified project in the city’s six-year transportation improvement program or other documentation, and the funds can immediately be used for design or construction efforts, or to leverage additional grant funding for the project; or
4. Execute a combination of a deferral and payment of a fee in lieu of improvements as long as the applicant’s combined obligation does not exceed the extent of the total requirements for those improvements.
C. The applicant has the right under state law to protest the applicant’s assessment for any LID at the time of the final assessment roll public hearing.
D. For those improvements that are deferred, the design standards and construction standards in place at the time of improvements will be applied. (Ord. 6705 § 1 (Exh. A), 2018; Ord. 6287 § 2, 2010; Ord. 6112 § 2, 2007; Ord. 6083 § 2, 2007.)