Chapter 11.40
CONNECTIONS
Sections:
11.40.010 Connection – When required.
11.40.020 Connection – When not required.
11.40.030 Separate connection required.
11.40.050 Connection permit and agreement required – Building permit conditioned.
11.40.070 Basis of connection and charge.
11.40.090 Status of connection right.
11.40.100 Transfer and relinquishment of connection right.
11.40.130 System extension required.
11.40.010 Connection – When required.
Only Phase I properties will be permitted to connect to the city’s sewer system. The following Phase I properties are required to connect to the sewer:
A. All existing buildings, intended for human occupation, on property within a local improvement district and fronted by a sewer shall be required to connect to the city sewer within 60 days of city acceptance of said sewer.
B. All existing buildings, intended for human occupation, on property fronted by a sewer, funded by special indebtedness bonds or warrants issued against revenues, shall be required to connect to the city sewer within 60 days of city acceptance of said sewer.
C. All new buildings, intended for human occupation, located on properties fronted by an existing sewer shall be required to connect to the city sewer prior to occupancy.
D. An existing building on property, fronted by a city sewer, whose on-site sewage disposal system has failed and cannot be acceptably corrected or repaired, as determined by the Tacoma-Pierce County health department, shall be required to connect to said sewer. (Ord. 06-271 § 1).
11.40.020 Connection – When not required.
Non-Phase I properties are prohibited from connecting to the city’s sewer. The following Phase I properties are not required to connect to the city’s sewer:
A. Existing buildings fronted by a sewer constructed pursuant to a private system extension agreement.
B. Existing buildings fronted by a sewer constructed by the city and not within an LID or funded by bonds or warrants issued against revenues (RCW 35.67.190 and 35.92.025). (Ord. 06-271 § 1).
11.40.030 Separate connection required.
A separate connection shall be required for each building with plumbing fixtures unless otherwise approved by the director (see EMC 11.45.040(G) and (H)). (Ord. 06-271 § 1).
11.40.040 Owner responsible.
Only the owner of the real property served by the sewer connection may enter into an agreement with the city for sewer service. A successor(s) of interest in the property shall be required to enter into a new agreement(s) with the city as a condition of continued sewer service.
The owner shall be responsible for meeting all the applicable requirements of this title. (Ord. 06-271 § 1).
11.40.050 Connection permit and agreement required – Building permit conditioned.
A. A connection permit and agreement shall be required before connection to the city’s sewer system. The connection permit and agreement shall be made on a standard form that shall be approved by the mayor or director.
B. No building permit shall be issued for a building intended for human occupation, or in which plumbing fixtures are installed, unless:
1. A connection permit and agreement shall have been issued for the building pursuant to EMC 11.40.060; or
2. Sewer capacity has been reserved for the building, pursuant to EMC 11.30.080; or
3. An application and plans for a private disposal system have been approved by the Tacoma-Pierce County health department and supplied to the city pursuant to Chapter 11.55 EMC.
C. All fees and charges must be paid before the connection permit and agreement is issued.
D. The connection permit and agreement shall be recorded in the office of the Pierce County auditor. (Ord. 15-447 § 1 (Exh. A); Ord. 06-271 § 1).
11.40.060 Application.
Application shall be made by the owner on the connection permit and agreement standard form, which shall contain, at a minimum, all of the following:
A. The owner’s name, address and telephone number.
B. Legal description of owner’s property as well as the street address, if any, and the tax account number.
C. The contractor’s name, address, telephone number, contractor’s license number, and city business license number.
D. ERUs required.
E. Sewer capacity analysis, together with a copy of a sewer capacity reservation, if any has been issued for the property, pursuant to EMC 11.30.080.
F. Discharge permit determination.
G. Side sewer and connection requirements and details.
H. Status of existing side sewer.
I. Condition of existing building sewer.
J. Conditions for service, including payment of monthly charges.
K. Required demolition and abandonment of existing private disposal system in conformance with EMC 11.55.020.
L. Conditions for maintaining a private side sewer in the public right-of-way, including permission for city to test the side sewer and private sewers on the owner’s property for inflow and infiltration.
M. List of connection charges and fees.
N. A statement that all fees and charges must be paid before the connection permit and agreement is issued.
O. Signature of the owner.
P. A statement that the connection permit and agreement shall be recorded in the office of the Pierce County auditor.
Q. Notary forms.
R. Attachments.
1. Discharge permit, if applicable, by the jurisdiction that operates the wastewater treatment plant treating the city’s sewage.
2. Copy of executed agreement between owner and water purveyor authorizing release and agreement to submit owner’s monthly water bills to the city, as required by EMC 11.40.080.
3. Right-of-way use permit for construction of the side sewer.
4. Right-of-way use permit for operation and maintenance of the side sewer.
5. The record drawing of the side sewer, as required under EMC 11.45.120, shall be attached to the permit following completion of the side sewer.
6. Copy(ies) of executed and recorded easement(s), if any, if side sewer crosses other’s property. (Ord. 06-271 § 1).
11.40.070 Basis of connection and charge.
A. Each connection permit and agreement shall be issued to an owner for a specific property, its use, and the number of ERUs of sewer system capacity required by that property. A new connection permit and agreement must be obtained by the owner, reflecting any change in the use and/or number of ERUs required for the property.
B. All units of residential use, including single, accessory, and multifamily, shall be deemed to require one ERU per unit.
C. The initial calculation for the number of ERUs required for a nonresidential property shall be determined from Table G2-1, Orange Book. If necessity for a more accurate method is indicated, the director may require a discharge analysis by an engineer, or other appropriate professional, to determine the number of ERUs generated by a proposed project.
D. Nonresidential accounts shall be compared to water usage from water purveyor billing accounts. If, after connection, the property’s use changes or is expanded, or its requirement for sewer system capacity is otherwise found to have been increased, the new required capacity shall be calculated based on the greatest of the following ERU analyses:
1. The Table G2-1, Orange Book analysis; or
2. The maximum month water usage determined from water billing records; or
3. The maximum day sewage discharge based on records from a sewage meter; or
4. The quality of the discharge based on chemical and/or biological analysis.
E. In the event sewer system capacity is available, as determined in EMC 11.30.080, the city shall issue a new connection permit and agreement and the owner shall pay to the city an additional connection charge based upon the new or expanded requirement for sewer system capacity and the connection charge, based on the schedule in effect at the time the new connection permit and agreement is issued.
F. If sewer system capacity is not available, the number of ERUs will not be increased and the owner shall be required to reduce the wastewater discharge from the property to fall within the limits of the connection permit and agreement.
G. All commercial and industrial connections shall be reviewed and co-regulated by the jurisdiction that operates the wastewater treatment plant treating the city’s sewage as set forth in Chapter 11.50 EMC. (Ord. 06-271 § 1).
11.40.080 Water records.
A standard form release and agreement shall be prepared for the purpose of making owner’s water usage records available to the city in order to determine equitable connection and monthly charges. The owner and water purveyor shall be required to execute and deliver one original of such release and agreement, as a condition of sewer service, providing the city with copies of the owner’s monthly water bills, at each billing period. (Ord. 06-271 § 1).
11.40.090 Status of connection right.
Upon establishment of a connection right (see EMC 11.30.020), such connection right shall run with the land and not be unilaterally extinguishable by the city except as may be provided in Chapter 11.65 EMC. The connection right shall be subject to current laws and regulations affecting the sewer system and connections thereto. (Ord. 06-271 § 1).
11.40.100 Transfer and relinquishment of connection right.
The connection right is transferable to another property if the property for which it was established is combined with other adjacent property into one ownership in a project and/or subdivided. The subdivision or project will receive full credit at current value for the ERUs of the preexisting connection permit and agreement when determining the connection charges for such subdivision or project.
An owner may relinquish the connection right to his property, or any excess portion of the ERUs associated therewith, to the city; provided, that in no event shall the number of ERUs be reduced below the number required for existing buildings on the property as determined by the city. The city shall not be required to reimburse the owner for such relinquishment. Such owner may request transfer of his relinquished capacity to another property within the city, whether or not owned by the owner, subject to the following:
A. Approval by the city.
B. The property receiving the transfer must be fronted by a city sewer or be party to an approved system extension agreement with a sewer fronting said property.
C. Such transfer request must occur prior to relinquishment.
D. The owner of the property receiving the transfer shall pay to the city applicable connection charges, if any, and a connection processing fee for the transfer.
E. Monthly charges shall continue throughout the transfer process and shall be paid by the owner of the property receiving the transfer from the date of such transfer.
F. Both the revised connection permit and agreement and the new connection permit and agreement shall be recorded in the office of the Pierce County auditor. (Ord. 06-271 § 1).
11.40.110 Connection charges.
A connection charge shall be assessed for each new sewer connection made to the city’s sewer system. Connection charges and fees shall be set by ordinance of the city council following a hearing on the proposed connection charges. A connection charge shall be comprised of the following elements:
A. Processing Fee. A fee to cover the costs of processing the application, evaluating the requirement for sewer system capacity, recording the connection permit and agreement, and issuing the permit.
B. Existing Facilities Charge. Pursuant to RCW 35.92.025, the city shall charge each connecting property an equitable share, proportional to the number of ERUs required, of the cost of the existing sewer system not otherwise paid for through an LID, system extension agreement, or grant, except as provided below. Said equitable share may include interest from the date of construction until the date of connection, or for a period not to exceed 10 years.
The existing facilities charge shall include pass-through existing facilities charges from other cities, sewer districts, or counties, as may be applicable.
C. Conveyance Development Charge. Following completion of an LID that provides conveyance, all non-LID properties that connect to, or to sewers that connect to, improvements constructed by such LID shall be charged a conveyance development charge. The conveyance development charge shall be equal to the design and construction costs of said LID improvements, together with interest from the date of completion, for a period of 10 years, at the rate of interest applicable to such LID; divided by the capacity of such LID improvements in ERUs; and multiplied by the number of ERUs required.
D. Future Facilities Charge. The city shall prepare a 10-year CIP for the sewer utility and revise it each year. The city shall charge each connecting property an equitable share, proportional to the number of ERUs required, of the cost of future sewer utility improvements, as set forth in the 10-year CIP, as contained in the GSP.
E. Collection System Charge. The owner of each property shall have a duty to pay for its proportionate share of the city sewer fronting such property. In the event that a property is connected to an existing sewer, fronting the property, the cost of which no owner of said property has contributed, a general collection system charge shall be made equal to one-half of the actual cost of each foot of existing sewer frontage.
F. Inspection Charges. The council shall set a fee to cover the costs of plan review and inspection of the side sewer.
G. Existing Side Sewer Charges. If a side sewer and partial building sewer, if any, has been installed as part of a city-funded project, in anticipation of development of the property, the council shall set a value for such side sewer which shall be paid for by the owner as part of the connection charge.
H. Latecomer Agreements. No owner shall be granted a permit to connect directly or indirectly to sewer facilities, for which exists a contract providing for reimbursement to other owners of real estate who constructed and paid for such sewer facilities, without first paying a fair pro rata share of the cost of same, as provided for in Chapter 11.36 EMC.
I. Credit for ERU Reservation. In the event the owner has reserved sewer system capacity for the property, the value of such reservation, less the processing fee, shall be deducted from the connection charge.
J. Transfer Fee. If the connection includes the transfer of relinquished sewer system capacity from another property, as provided for in EMC 11.40.100, the owner of the property receiving the relinquished capacity shall pay a processing fee for such transfer.
K. Treatment Charges. Owners of commercial and industrial buildings may be required to pay separate and additional connection charges and/or fees and install monitoring equipment by the jurisdiction that operates the wastewater treatment plant treating the city’s sewage as set forth in Chapter 11.50 EMC. (Ord. 19-542 § 4; Ord. 10-333 § 7; Ord. 06-271 § 1).
11.40.120 Hearing.
Prior to adoption of an ordinance setting connection charges and fees for sewer service, the council shall hold a public hearing on the proposed charges and fees and shall consider all objections thereto and may correct, revise, or modify said connection charges and fees.
A notice of the hearing on the proposed connection charges and fees shall be published at least once a week for two consecutive weeks in the official newspaper of the city. The last publication shall be at least 15 days before the date fixed for the hearing.
The notice shall contain the time and place fixed for the hearing and a copy of the proposed connection charges and fees. Persons who may desire to object shall be advised to make their objections in writing and to file them with the city clerk at or prior to the date fixed for the hearing.
Regulations for hearings and setting connection charges for the jurisdiction that operates the wastewater treatment plant treating the city’s sewage shall be as set forth in its municipal code. (Ord. 06-271 § 1).
11.40.130 System extension required.
When a property is not fully fronted by a sewer, the owner, as a condition of sewer service, shall be required to extend the city’s sewer to and across one full side of the property in accordance with the GSP. Nonrectangular and corner lots may be required to extend the sewer along two or more full sides as determined by the director. Extensions shall be made in conformance with Chapter 11.35 EMC. (Ord. 06-271 § 1).