Chapter 13.120
SEWER SYSTEM—CONNECTION*
Sections:
13.120.010 Connection to sewer system—Required when.
13.120.015 Sewer extensions and upsizing.
13.120.020 Conditions required for making connections.
13.120.040 System development charges.
13.120.041 System development charge credits for existing and prior uses.
13.120.042 System development charge credits for system improvements.
13.120.043 Use and transfer of system development charge credits.
13.120.045 SDC capital surcharge.
13.120.050 Side sewer—Responsibility of costs.
13.120.060 Sewer improvements—Accepted by the city.
* Prior ordinance history: Ords. 95-769, 98-007, 99-021 and 99-025.
13.120.010 Connection to sewer system—Required when.
A. It is the desire of the city of Battle Ground to achieve to the maximum extent possible the use of the city’s sanitary sewage disposal system by all users within the city of Battle Ground. All premises upon which any portion of a building is situated within the city limits of the city of Battle Ground shall be deemed to be within the area served by the sewage disposal system and, when the building or structure is used for any purpose requiring a sewage disposal system, the owner shall cause a connection to be made between the city’s sewage disposal system (or other public sewage disposal systems as approved by the public works director) and each building or structure except as follows:
1. When building permits are to be issued for new construction or the remodeling of existing buildings or structures requiring a sewage disposal system, which use less than one ERU of sewage capacity, on an existing lot located greater than six hundred feet from an existing sewer line or lateral;
2. When the building permit will lead to an expansion of an existing building or structure which is not likely to lead to an increase of usage of the sewerage disposal system serving the existing building or structure; or
3. When an existing septic system or individual sanitary disposal system becomes inoperable under the regulations of the Southwest Washington Health District, serving an existing building or structure greater than six hundred feet from an existing sewer line or lateral.
B. All connections shall be made to the sewerage system in a permanent and sanitary manner, in conformity with all applicable plumbing laws and codes, subject to the approval of the public works director and the construction requirements included in BGMC 13.120.020.
C. If any such connection is not made within the time provided in this chapter, the public works director or such other employee of the city as the city manager may hereafter designate is authorized and directed to cause the same to be made and to file a statement of the cost thereof with the city treasurer/finance director, which cost shall in no event be less than the sewer connection charges fixed for the various classes of buildings and applicable to the building to which the connection is made, and thereupon payment of such cost will be made by the sewer fund. The amount of the charges, together with a penalty of ten percent, plus interest at the rate of ten percent per year upon the total amount of the warrant and penalty, shall be assessed against the property upon which the building or structure is situated, and shall become a lien thereon as provided in BGMC 13.105.110. The total amount when collected shall be paid into the sewer fund.
D. The connection requirements of this section may be appealed to the public works director in cases where the proposed service design meets pretreatment purposes and other criteria acceptable to the director.
E. An owner of a single-family residence whose on-site septic system has failed, and is required to connect to the public sewage system because of this code section, can appeal this requirement to the city council based on the requirements of RCW 35.21.940, provided they meet the applicability requirements of RCW 35.21.940. (Ord. 18-07 § 2 (part), 2018: Ord. 17-07 § 2 (part), 2017: Ord. 16-13 § 3 (part), 2016: Ord. 13-12 § 1, 2013: Ord. 02-009 § 69, 2002: Ord. 00-028 § 7 (part), 2000)
13.120.015 Sewer extensions and upsizing.
Sewer extensions shall be in the minimum pipe size as required by the city’s sanitary sewer design standards. Where sewer extensions are shown in the city’s general sewer plan the required pipe size will be based on the twenty-year size called out in the plan. If a developer is required to upsize an existing sewer line, the new line will be based on the twenty-year size called out in the plan. (Ord. 19-20 § 2, 2019)
13.120.020 Conditions required for making connections.
A. No connection to any sewer line or lateral or other part of the sanitary sewage disposal system of the city shall be made by any person or persons, firm, association or corporation except those regularly licensed to perform that class of work or those approved by the city public works director, and such connection shall then be made only on the condition that the person or persons, firm, association or corporation making such connection will indemnify and hold harmless the city from all suits, claims, accidents and damage occasioned by any opening in the streets, alleys or public places by him, them or it, or any person or persons in his, their or its employ for making any connection with any public or private sewer, or for any other purposes or objects whatsoever, and that he, they or it will also replace and restore such street, alley or public place over such opening to the satisfaction and approval of the city.
B. Sewer lines shall be located in city right-of-way to the maximum extent feasible. Any lines placed outside of city right-of-way must be approved by the city engineer. Any lines placed outside of city right-of-way will be privately maintained unless accepted by the city engineer. (Ord. 18-07 § 2 (part), 2018: Ord. 17-07 § 2 (part), 2017: Ord. 00-028 § 7 (part), 2000)
13.120.040 System development charges.
A. In addition to the rates and charges referred to in BGMC 13.105.030, a system development charge shall be levied and collected by the city for any development, expansion of use, change of occupancy, or increase in impact that is found to place additional demand on the city’s sewer system. The system development charge shall be determined by multiplying the applicable base charge per equivalent dwelling unit (EDU), which is established by resolution of the city council, times the number of EDUs of additional demand placed on the system as determined by the city. System development charges shall be calculated, due, and payable at the time of building permit issuance.
B. Persons or firms connecting to sewer mains or lines or related facilities which have been specially constructed at a cost paid by the city, but not pursuant to local improvement district bonds or through developer funding, which connection shall go to the improvement of the property of the person or firm’s connection to said sewer line, shall pay a cost reimbursement fee to the city based on said person or firm’s proportionate share of the costs incurred by the city. (Ord. 22-18 § 2, 2022; Ord. 18-07 § 2 (part), 2018: Ord. 17-07 § 2 (part), 2017: Ord. 04-013 § 2, 2004: Ord. 00-028 § 7 (part), 2000)
13.120.041 System development charge credits for existing and prior uses.
A credit against the system development charge (SDC) associated with a specific parcel may be granted by the director of public works for the elimination or conversion of existing sewer services in conjunction with improvement, expansion of use, or redevelopment on such parcel. The credit shall be calculated using the prevailing SDC rate schedule and is subject to the following limitations:
A. A system development credit charge for existing and prior sewer use shall be granted if the public works director finds that sewer is available in the service area and the existing or prior use has paid monthly sewer fees, respectively, for the entirety of the one-year period immediately prior to the date of application for connection. If these two conditions are met, the applicant may apply for a one hundred percent credit against any new SDCs associated with the new use.
B. The credit against the SDC shall apply only to the parcel that the existing or prior sewer service connection serves.
C. No refunds shall be allowed for credits which exceed the amount of the SDC for which an application for connection is made.
D. In the event a structure is destroyed due to an occurrence outside of the applicant’s control, such as destruction by fire, tornado, earthquake, or other “act of God,” then the applicant may request to have their services removed such as to not be charged the base monthly service fee. Once the structure has been replaced, in order for the applicant to not be responsible for applicable SDC fees upon reconnection of service, the reconnection shall occur within one year of the removal of their service, at which time the monthly billing for services will resume. In such a circumstance, the applicable connection fees shall still apply. (Ord. 21-08 § 2, 2021)
13.120.042 System development charge credits for system improvements.
A. A credit against the applicable system development charge (SDC) may be granted by the director of public works for the present fair market value of any construction costs incurred in association with the improvement to or new construction of any system improvements provided by the credit applicant (or the credit applicant’s predecessor in interest) to facilities that are identified in the capital facilities plan for which system development charges are assessed and required by the city as a condition of approval for the immediate development proposal.
B. The applicability and maximum amount of the potential credits shall be identified by the development approval authority during the applicable permitting process.
C. Credits recognized by the city may be utilized in lieu of cash payment of system development charges for the subject development and/or another development within the incorporated boundaries of the city as further outlined in BGMC 13.120.043.
D. The amount of credit given shall not exceed the system development charge funded portion of the costs identified in the general sewer plan.
E. Any credits recognized by the city and not utilized within a period of ten years from the date of issuance shall be deemed to have expired and be of no further utilization in lieu of cash payment of system development charges.
F. Prior to receiving system development charge credits, an applicant shall first submit all necessary documentation as determined by the city engineer to ensure the appropriate amount and type of system development charge credits are credited to the applicant. (Ord. 21-08 § 2, 2021)
13.120.043 Use and transfer of system development charge credits.
System development charge credits accrued pursuant to BGMC 13.120.041 and 13.120.042 may be used for the subject development for which they were earned or they may be used instead to offset future system development charge assessments within the incorporated boundaries of the city. System development charge credits may additionally be transferred to another entity for use within the incorporated boundaries of the city. A credit holder may elect to transfer all of their system development charge credits or just a portion thereof.
A. To apply a system development charge credit, the credit holder shall submit a formal letter authorizing the use of their system development charge credits simultaneously with submission of their building permit application. The letter shall specifically include the amount of credits authorized to be applied and the type of credit to be applied. Prior to reducing the system development charge assessment for the accompanying building permit application by the amount of credit set forth in the authorizing letter, the finance director shall verify that the credit account holder has the amount of available credits authorized and the type of credit authorized in the letter. Upon such verification, the city shall then debit the credit account of the credit holder by the amount of system development charge credits applied. The amount of system development charge credits applied shall not exceed the amount of the system development charge assessment.
B. To transfer system development charge credits, the original credit holder shall submit a formal letter to the finance director requesting to transfer credit to another entity for use within the incorporated boundaries of the city. It shall be up to the discretion of the finance director to permit or deny any requested transfer. The finance director shall have the authority to request any additional documentation as may be necessary to determine whether or not said transfer should be permitted. Prior to authorization for any such transfer, the finance director shall verify the availability of the proposed system development charge credits to be transferred. (Ord. 21-08 § 2, 2021)
13.120.045 SDC capital surcharge.
A. Any nonresidential user within the city that will exceed ten ERU in sewer usage may apply for the option to pay higher sewer fees based on a formula that includes the capital surcharge for sewer plant capacity. The rate shall be established through resolution by the city council.
B. The nonresidential user that has been authorized by the city to pay the sewer capital surcharge rate may make the choice to return to the standard sewer rate by paying the system development charge at the existing rate or at the future rate, whichever is greater. (Ord. 18-07 § 2 (part), 2018: Ord. 17-07 § 2 (part), 2017: Ord. 04-004 § 1, 2004: Ord. 03-008 § 1, 2003)
13.120.050 Side sewer—Responsibility of costs.
The abutting property owner shall be responsible for installation, connection, maintenance and operation of the sewer lateral from the city main sewer to the property and structure served. (Ord. 18-07 § 2 (part), 2018: Ord. 17-07 § 2 (part), 2017: Ord. 15-04 § 15 (part), 2015: Ord. 07-05 § 1, 2007)
13.120.060 Sewer improvements—Accepted by the city.
Sewer improvements will be accepted for provisional maintenance by the city upon recommendation of the city engineer; provided, prior to such acceptance, bonding shall be provided per BGMC 15.136.060. Final acceptance will be made within two years of the date of provisional acceptance when, in the city engineer’s opinion, all specifications have been fully met. The owner and/or his contractor and the utilities must repair any failure within a period specified by the city engineer at the expense of the owner or his contractor or the utilities responsible. (Ord. 18-07 § 2 (part), 2018: Ord. 17-07 § 2 (part), 2017: Ord. 15-04 § 15 (part), 2015)
13.120.070 Easements.
Easements shall be provided pursuant to BGMC 15.136.080. (Ord. 18-07 § 2 (part), 2018: Ord. 17-07 § 2 (part), 2017: Ord. 16-13 § 3 (part), 2016)