Unified Development Ordinance

Article 8.6. Reimbursements

Article 8.6. Reimbursements aaron.sheppard… Mon, 05/08/2023 - 10:30

Sec. 8.6.1. Greenways

Sec. 8.6.1. Greenways aaron.sheppard… Tue, 05/23/2023 - 13:16
  1. Required Greenway Dedication
    Subject to the limitations of Sec. 8.6.1.C. below, whenever a tract of land included within any proposed residential subdivision or residential site plan includes any part of a greenway designated on the Comprehensive Plan, the greenway shall be platted and dedicated as a greenway easement.
  2. Greenway Easement Width
    Subject to the limitations of Sec. 8.6.1.C. below, the greenway required to be platted shall at a minimum, be the product of the following dimensions:
    1. Minimum standard width multiplied by the length of the boundary along the banks of the adjoining watercourse;
    2. Plus that portion of the watercourse contained within the development when property lines extend to the centerline of the watercourse:
      1. Neuse River: 150 feet from each bank.
      2. b. Crabtree & Walnut Creeks: 100 feet from each bank.
      3. c. All other tributaries: As established by the current City Council-approved Raleigh Parks Plan.
  3. Limitation on Dedication
    1. No dedication shall be required for greenway lying outside of any special flood hazard area, but such area shall be reserved in accordance with Sec. 8.1.6. for possible City acquisition.
    2. The amount of greenway required to be dedicated shall not exceed the total obligation of the development to pay an open space facility fee, as determined by Article 8.9. Facility Fees, the number and type of dwelling units allowed by law for the development and the schedule of greenway land values listed in the City of Raleigh Fee Schedule, kept on file by the City and is updated and adopted by the City Council.
  4. 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

Sec. 8.6.2. Minor Utility Lines aaron.sheppard… Tue, 05/23/2023 - 13:16

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.

  1. 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 City, 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:
      1. 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.
      2. 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.
      3. 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.
  2. 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 City Council.
    3. Current reimbursement fees are listed in the City of Raleigh Fee Schedule, kept on file by the City and are updated and adopted by the City Council. 
  3. Procedural Conditions for Reimbursement
    1. Following completion of the improvements acceptable to the City, the developer shall furnish the City an itemized list of costs identified in the City of Raleigh 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.

Sec. 8.6.3. Streets

Sec. 8.6.3. Streets aaron.sheppard… Tue, 05/23/2023 - 13:17
  1. Improvements Eligible for Reimbursement
    1. The City will pay to the developer unit costs in the City of Raleigh Fee Schedule for development-related improvements over and above the unit costs for applicable streets.
    2. The following installations are eligible for reimbursement:
      1. Any street construction in excess of the minimum standard needed to serve the development;
      2. Any right-of-way dedication in excess of the minimum standard needed to serve the development; and
      3. 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.
  2. Method and Conditions of Reimbursement
    1. All general and development-related improvement costs shall be based on the City of Raleigh 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 City of Raleigh Fee Schedule, kept on file by the City 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

Sec. 8.6.4. Expiration of Reimbursement aaron.sheppard… Tue, 05/23/2023 - 13:17

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

Sec. 8.6.5. Stormwater Infrastructure aaron.sheppard… Tue, 05/23/2023 - 13:17
  1. 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:
      1. Stormwater treatment practices, including GSI practices, for treating stormwater otherwise conveyed within street rights-of-way; and
      2. 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.
  2. 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.