A. When an Owner wishes to develop property, but a prerequisite of that development is the requirement that County roads are improved in accordance with requirements for traffic mitigation under County Development Regulations, the Owner may elect to construct the required County road improvements and propose to the County through an application as described in PCC 12.36.030 that a Cost Recovery Contract be created.

B. The County may agree to a Cost Recovery Contract in accordance with PCC 12.36.040 in which the Owner can be reimbursed for a portion of the costs of the County road improvements by other affected property owners. Nothing in this Chapter requires the County to enter into a Cost Recovery Contract.

C. The County shall determine the pro rata reimbursement share for the other affected property owners by selecting, or agreeing to, a method of cost apportionment based on the "benefit" of the County road improvements to the other affected property owners.

D. The County shall formulate or agree to an Assessment Reimbursement Area ("Cost Recovery Area") based on a selection of parcels that will be "benefited" in that they will require similar County road improvements as those improvements required of the Owner upon development.

E. For a parcel to be defined as a "benefited" property, it must be "zoned" such that a new development on the property would generate, at a minimum, the same number of trips as generated by a single family home, as designated by the most current edition of the Institute of Transportation Engineer's (ITE) Trip Generation Manual.

F. After making a preliminary determination of the boundaries of those parcels, the County shall notify the affected property owners of record of those parcels, by certified mail, of the proposed Cost Recovery Area, the proposed pro rata reimbursement shares, and the property owner's rights and options, including the option of a hearing on the proposed Cost Recovery Contract before the Pierce County Council.

G. If any affected property owner requests a hearing in writing within 20 days of mailing of the certified mail, an ordinance shall be proposed by the County Engineer and a hearing shall be held before the County Council, notice of which shall be given to all affected property owners. The County Council's ruling on the ordinance shall be determinative and final.

H. If no affected property owner requests a public hearing within 20 days of mailing of the certified mail, the County and Owner shall finalize and execute the final Cost Recovery Contract. The Cost Recovery Contract shall provide that the Owner or Owners agree to the pro rata reimbursement shares and the Cost Recovery Area determined as provided in the Cost Recovery Contract. The Cost Recovery Contract will be approved and executed on behalf of the County by the County Executive.

I. If a public hearing is required in conformance with PCC 12.36.020 F. and after conducting the public hearing before the County Council, the County Council, at its own discretion, may adopt an ordinance that is the final determination of the Cost Recovery Area and pro rata reimbursement shares for each affected property. The final Cost Recovery Area and pro rata reimbursement shares for each affected property shall be included in the final Cost Recovery Contract.

J. Following the adoption of an ordinance by the Council, the County shall finalize the final Cost Recovery Contract as specified in PCC 12.36.020 G. and the County and Owner shall execute the Contract.

K. The final Cost Recovery Contract, including the final Cost Recovery Area and pro rata reimbursement shares for each affected property, shall be recorded in the County Auditor's Office by the County against each affected property within 30 days after being executed by the County and the Owner. When the Cost Recovery Contract is so recorded, it shall then be binding on owners of record within the Cost Recovery Area who are not parties to the Contract for a period not to exceed 15 years after the Contract is recorded.

L. The County Engineer shall mail by certified mail a copy of the final Cost Recovery Contract to each owner of record of property within the Cost Recovery Area.

M. If an affected property owner subsequently develops his/her property within the Cost Recovery Area within the time period stated in the Cost Recovery Contract and is not required to construct similar County road improvements because the improvements were already constructed under the Cost Recovery Contract, the County can require that the property owner reimburse the Owner who initially constructed the improvements, pursuant to the pro rata reimbursement share as specified in the Cost Recovery Contract.

N. In the event that an Owner who is party to a Cost Recovery Contract sells the property, the pro rata reimbursement shares shall be paid to said Owner and not to their successor unless the right to the pro rata reimbursement shares is assigned by said Owner or is otherwise transferred by operation of law. The County shall be notified by the owner if the pro rata reimbursement shares are to be paid to a party other than the Owner.