Unified Development Ordinance, 5th supplement, March 2018
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 8 – 37 Effective Date: March 6, 2018 Supp. No. 5 Article 8.6. Reimbursements | CHAPTER 8. SUBDIVISION & SITE PLAN STANDARDS Sec. 8.6.2. Minor Utility Lines D. Method and Conditions of Reimbursement 1. The City Council may, in its discretion, change the general term of payment for individual projects and authorize payment in 1 sum immediately or in fixed payments. 2. No payment will be allowed if the dedicated open space is being used to satisfy a requirement for open space based on the underlying zoning district. Reimbursements will be reduced by any open space facility fee credits. 3. The dedicators shall waive their statutory right to withdraw the dedication prior to receiving any payment. 4. Reimbursements shall be fixed at the rate in effect when the dedication occurs. Sec. 8.6.2. Minor Utility Lines Reimbursement for utility lines shall be made in accordance with §8-2075, §8-2076, §8-2077, §8-2091, §8-2094 and §8-2095 of the Raleigh City Code. A. Inside City Limits 1. For developments inside the corporate limits of the City or developments which have agreed to be annexed by the City, the City will reimburse the developer for costs incurred over and above those required to serve the immediate development. 2. The reimbursement shall be made in 10 equal annual installments with interest at 4% per annum beginning January 1 following the time of final inspection and final acceptance of the improvement by the PublicWorks Director, but the first installment payment shall not become payable until the second January 1 following final inspection and final acceptance or contract execution, whichever is later. 3. The City Council may in its discretion authorize reimbursement to be paid in one sum immediately or in installments over a period of less than 10 years. 4. The following installations are subject to reimbursement: a. Differential unit costs between a water main 6 inches in diameter and a water main 12 inches in diameter when required by the City and not necessary to serve the subject property. b. Differential unit costs between a sewer main over 8 inches in diameter and sewer mains 12 inches in diameter, when required by the City and not necessary to serve the subject property. c. Unit cost of off-site utility lines less than 12 inches in diameter constructed by the developer to reach the boundary of the development whether the lines are installed inside or outside the corporate limits of the City. B. Outside City Limits 1. For developments outside the corporate limits of the City, the City will reimburse the developer for the unit cost of off-site utilities less than 12 inches in diameter constructed within the corporate limits of the City by the developer to reach the boundary of the development. 2. The reimbursement shall be made in 10 annual equal installments, without interest. The first payment to become due and payable on the second January 1 following the date of final inspection and final acceptance of the improvement and approval of the cost by the City Council. 3. Current reimbursement fees are listed in the Development Fee Schedule, kept on file by the Planning and Development Officer and are updated and adopted by the City Council. C. Procedural Conditions for Reimbursement 1. Following completion of the improvements acceptable to the PublicWorks Director, the developer shall furnish the PublicWorks Director an itemized list of costs identified in the Development Fee Schedule to be reimbursed by the City. The City Council shall approve a contract with the developer, setting forth the terms for reimbursement. 2. The City shall pay such other costs incidental to the development of the general area which, in the opinion of the City Council, should properly be borne by the City. The City shall set forth the terms of such payment.