Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 8 – 38 Effective Date: March 6, 2018 Supp. No. 5 CHAPTER 8. ​SUBDIVISION & SITE PLAN STANDARDS | Article 8.6. ​Reimbursements Sec. 8.6.3. Streets Sec. 8.6.3. Streets A. Improvements Eligible for Reimbursement 1. The City will pay to the developer unit costs in the Development Fee Schedule for development-related improvements over and above the unit costs for applicable streets. 2. The following installations are eligible for reimbursement: a. Any street construction in excess of the minimum standard needed to serve the development; b. Any right-of-way dedication in excess of the minimum standard needed to serve the development; and c. Right-of-way for controlled-access freeways. 3. Reimbursements are subject to availability of funds and eligibility for reimbursement through the City’s facility fee program. B. Method and Conditions of Reimbursement 1. All general and development-related improvement costs shall be based on the Development Fee Schedule, provided that the City Council shall grant alternative mitigation when the total expenditures for both the thoroughfare facility fees and road improvement costs in excess of the applicable street improvements exceed the costs attributable to the development for Thoroughfare construction within the benefit area as indicated in Article 8.9. Facility Fees 2. 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. 3. No monetary payments will be allowed if the developer utilizes the dedicated right-of-way for impervious surface coverage in the -FWPOD, -SWPOD or -UWPOD. 4. The dedicators shall waive their statutory right to withdraw dedications prior to receiving any payment. 5. Reimbursements shall be paid at the rate in effect when dedication occurs or construction costs are incurred. 6. 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 Council shall set forth the terms of such payment. Sec. 8.6.4. Expiration of Reimbursement Any request for reimbursement for street, greenway or utility installation must be submitted to the City within 2 years of completion and final acceptance by the City or State, whichever is applicable. Sec. 8.6.5. Stormwater Infrastructure A. Improvements Eligible for Reimbursement The City may reimburse a developer for stormwater infrastructure improvements that are over and above improvements needed for the development to comply with any ordinance or regulation. 1. The following improvements may be eligible for reimbursement: a. Stormwater treatment practices, including GSI practices, for treating stormwater otherwise conveyed within street rights-of-way; and b. Stormwater conveyances, including pipes, culverts, ditches, swales, and channels, associated with and needed for such stormwater treatment practices. 2. Eligibility for reimbursement shall be subject to availability of funds and to prior determination of eligibility for reimbursement by the Engineering Services Director or a designee in accordance with the requirements of G.S. 160A-309. B. Method and Conditions of Reimbursement The obligations of the parties and reimbursement schedule shall be established in a written agreement between the developer and the City.