Chapter 13.41
UTILITY SYSTEMS DEVELOPMENT CHARGE
Sections:
13.41.010 Definitions.
13.41.020 Purpose.
13.41.030 Utility systems development charge imposed – Rates – Review.
13.41.040 Collection.
13.41.050 Credits.
13.41.060 Segregation and use of revenues.
13.41.070 Appeals.
13.41.080 Scope.
13.41.010 Definitions.
As used in this chapter, unless the context otherwise requires:
A. “Capacity facilities” includes but is not limited to:
1. Water system infrastructure including: water sources, treatment facilities, interties, pump stations, pressure reducing stations, standby generators, reservoirs, distribution, and transmission mains and appurtenances needed for distribution, fire protection and pressure.
2. Sanitary sewer system infrastructure including: lift stations, standby generators, force mains, conveyance lines and appurtenances needed to collect and transport sewage for treatment and disposal or to eliminate a storm and sanitary sewer cross connection.
3. Storm drainage system infrastructure including: pump stations, standby generators, storage facilities, water quality facilities, stream, creek or river improvements and conveyance lines needed to collect, transport and dispose of storm drainage, eliminate storm and sanitary sewer cross connections, eliminate storm and surface water flooding and water quality problems, and treatment and disposal facilities.
B. “Utility systems development charge” is a charge imposed on new customers, or existing customers revising use of their property, in recognition of the previous investment of the city and its customers in the utility systems. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 2, 1980.)
13.41.020 Purpose.
The city council has determined that it is reasonable and in the public interest to enact and impose a utility systems development charge for the purpose of recovering a fair share of the costs of providing existing utility system infrastructure to serve new customers or revised uses of existing customers. The intent is to reimburse the city’s utility for the cost of construction of available capacity sanitary sewer, water and storm drainage facilities from those properties, which as part of their development and use create direct or indirect needs for those facilities. The city council finds that the public would benefit from a logical long-range approach to the financing of necessary general facilities. Experience has demonstrated that the lack of such provision casts an unfair and unexpected burden on taxpayers and residences in the form of utility rates, taxes, bond interest costs and assessments when core, general or central facilities become inadequate causing a crisis. Operating from crisis to crisis is wasteful, unsafe and not an acceptable method of operating local government; and debt financing should be minimized wherever possible. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 1, 1980.)
13.41.030 Utility systems development charge imposed – Rates – Review.
A. A sanitary sewer and water utility systems development charge is imposed upon all lands inside the boundary of the city, and all lands outside the boundary of the city which utilize either sanitary sewer facilities or water facilities or both of the city, and a storm drainage utility systems development charge is imposed upon all lands in the city, except those lands exempted under this chapter, which fees and charges shall be as set forth on the city of Auburn fee schedule.
B. The utility systems development charge as set forth in the city fee schedule will be computed to consider the future and/or current value of the utility system’s fixed assets, excluding contributions by developers, and outstanding bonded indebtedness, and will also consider an appropriate service unit.
C. The utility systems development charge imposed shall be reviewed annually by the city council and the charges may be revised to reflect changes in utility asset value, depreciation of the utility system fixed assets, bonded indebtedness, and the number of ERU, RCE or ESU customers served. (Ord. 5819 § 4, 2004; Ord. 5801 § 1, 2003; Ord. 5709 § 1, 2002; Ord. 5619 § 2, 2001; Ord. 5125 § 2, 1998; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 1, 1980.)
13.41.040 Collection.
The water, sanitary sewer and storm drainage utilities systems development charges are immediately due and payable upon obtaining a permit for connection to the city utility. Systems development charges for parcels that will utilize infiltration for storm water disposal are immediately due and payable upon obtaining a building permit to develop the parcel. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3610 § 2, 1981; Ord. 3510 § 4, 1980.)
13.41.050 Credits.
If a developer provides a capacity facility that benefits other properties as identified within the appropriate utility comprehensive plan, a systems development charge credit may be granted under the provisions of this chapter, and as negotiated between the land developer and the city engineer. Any systems development charge credits granted will be documented in writing. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 5, 1980.)
13.41.060 Segregation and use of revenues.
All funds derived from the utility systems development charge are to be segregated by appropriate approved accounting practices from all other funds of the city, and that portion of the utility systems development charge calculated and collected on account of a utility shall be used for no other purpose than replacement, major repair, installing, constructing, and extending capacity facilities of the utility. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 6, 1980.)
13.41.070 Appeals.
Appeals of the public works director’s determinations made pursuant to this chapter shall be filed with the public works department and shall be heard by the city’s hearing examiner pursuant to Chapter 18.66 ACC. Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and city codes. The hearing examiner’s determination shall be final unless appealed to the superior court of the county in which the property subject of the utility system development charges is located within the city of Auburn in accordance with the procedures in RCW 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk within 30 days after issuance of the decision of the hearing examiner. (Ord. 6182 § 3, 2008; Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 7, 1980.)
13.41.080 Scope.
The utility systems development charge provided for in this chapter is separate from and in addition to any applicable tax, assessment charge, or other fee otherwise provided by law. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4493 § 2, 1991; Ord. 3510 § 8, 1980.)