Chapter 5.10
DEVELOPER GUIDELINES

Sections:

5.10.010    Introduction.

5.10.020    Purpose.

5.10.030    Authority of District.

5.10.040    Standards and specifications.

5.10.050    Reimbursement agreements.

5.10.060    Lift stations – Subdivision maps.

5.10.070    Lift stations – Land dedication.

5.10.010 Introduction.

Current standards are presented to inform the developer or contractor of the general minimum requirements necessary in the construction and acceptance of water and sewer facilities within the District. All work shall be completed according to the plans and specifications, and in compliance with the laws of the state of Washington and the standards and resolutions of the District and other jurisdictions within the District’s boundaries so far as applicable. [Amended during 2016 codification; Res. 2655 § 1, 2015].

5.10.020 Purpose.

The District, as a municipal corporation of the state of Washington, organized pursuant to RCW Title 57, is responsible to the public for ensuring that water and sewer facilities are constructed in accordance with currently accepted standards for public works. The requirements imposed upon developers and contractors are intended by the District as an agreement with the contractor, which incorporates standards and specifications as a prerequisite to acceptance of the work by the District as a part of its system. Privately constructed extensions will not be permitted to connect to the District’s systems unless the work is performed and paid for in accordance with this agreement. [Amended during 2016 codification; Res. 2655 § 1, 2015].

5.10.030 Authority of District.

The District shall have authority to approve, reject or require changes in drawings designed by developer’s engineer; to require such changes in the drawings during the course of work; to inspect the work; to stop work to insure compliance with the approved drawings and specifications; to reject nonconforming work and materials; and to decide questions which may arise in the execution of the work. The District shall have the authority to impose fines for violation of District policies adopted pursuant to policy. [Amended during 2016 codification; Res. 2655 § 1, 2015].

5.10.040 Standards and specifications.

Complete development standards and specifications are available upon request, and are on the District’s website. [Amended during 2016 codification; Res. 2655 § 1, 2015].

5.10.050 Reimbursement agreements.

(1) A developer or property owner seeking to connect to the District water or sewer system by means of an extension of the public water and/or sewer facilities shall enter into a developer extension agreement (“DEA”) with the District.

(2) The developer shall provide a written request for a reimbursement agreement for the construction of public water/sewer facilities. If determined by the District that a reimbursement agreement is appropriate, the developer shall submit project plans and site plan, map or diagram of the benefited area prepared by a licensed professional engineer, ownership reports on properties within the benefited areas, a cost estimate prepared by the engineer for the project based upon the plans of a civil engineer from which reimbursable costs shall be determined, and such other information as the District may require.

(3) Written requests for a reimbursement agreement shall be accepted by the District up to one year from the date of the District’s acceptance for use and operation of the facilities constructed under the DEA.

(4) The developer requesting a reimbursement agreement shall submit a deposit to the District to be used for its expenses associated with engineering review, legal services, administration, setup, mailing, public notification, recording of the agreement, and other items needed to administer the agreement. Such District expenses shall be deducted from the deposit on a time and materials basis.

The time and materials charges shall be based on the District’s fee schedule adopted by the District pursuant to AWWDC 9.05.110. If the District’s expenses exceed this deposit, the developer shall reimburse the District for its additional expenses before the agreement is recorded and within 30 days of notification by the District that such additional fees are due. The District will reimburse to the developer any of the remaining deposit upon return of the recorded reimbursement agreement to the District from the Snohomish County Auditor’s Office.

(5) The District’s Planning and Development Services Director, or designee, shall review the legal description of individual parcels within the benefited area, confirm the names of the owners of record of such parcels, and determine the reimbursable fees of the individual parcels based on a fair pro rata share of the construction costs. In determining the “fair pro rata share” of cost of construction, the District shall use that method which, in the judgment of the District, most fairly allocates that cost among the affected properties. The District reserves the right to determine if the benefitted parcels must receive service by subsequently connecting into or otherwise using the facilities constructed under the developer extension agreement, or if these parcels shall be served by other facilities. If the District determines, at its sole discretion, that such properties are better served by other future facilities, then no reimbursement fee shall be owed by that parcel.

(6) The reimbursement fees provided for in the reimbursement agreement shall be a charge collected by the District for a period of 10 years from the date of the District’s acceptance for use and operation of the facilities constructed under the DEA. Upon the expiration of said period, the reimbursement agreement shall terminate and the District has no further obligation to collect and pay reimbursement fees to developer.

(7) During the life of the reimbursement agreement, the District shall charge and use reasonable efforts to collect reimbursement fees. The District shall deduct 10 percent of the recovered fees to cover costs and expenses incurred in connection and administration of the reimbursement fees for each reimbursement fee payment received. District shall remit the remainder of the reimbursement fee to the developer within 70 days after receipt. Reimbursement fees undeliverable two years after receipt shall inure to the District’s capital improvement fund. Subsequent to the expiration of the reimbursement agreement, the reimbursement fees shall be collected by the District and deposited into the District’s capital improvement fund.

(8) Developer agrees that the District shall not be liable for failing to collect any reimbursement fee called for by the terms of the reimbursement agreement and shall not be obligated to make any payment to developer until the reimbursement fee has been received by the District. If any person or entity taps into or connects to the improvement without paying the reimbursement fee, then the District may, at its option, either (A) use the District’s best efforts and due diligence to collect the reimbursement fees, or (B) assign to the developer all of the District’s rights to collect. If the District assigns the collection rights, the developer may thereafter make demand of, receive payment from, and at its sole cost and expense commence legal proceedings against the persons, firm or other entity that has tapped into or connected to the improvements in order to collect the reimbursement fees. Upon assignment of the rights to collect, the District shall be relieved of any further obligations to collect the reimbursement fees for the developer.

(9) Developer agrees that the District shall be authorized to make segregation of or adjustments to the reimbursement fees, if a benefited property is divided through subdivision or if the property(s) area changes through boundary line adjustments. The District shall make the segregation or adjustment generally in accordance with the method used to establish the original reimbursement fees. The segregation or adjustment shall not increase or decrease the total reimbursement fees to be paid. The District may make all such segregation and adjustments without the necessity of further agreement by the developer.

(10) Pursuant to RCW 57.22.020, every two years from the date of contract execution, developer shall provide the Planning and Development Services Director with information regarding its current contact name, address, and telephone number. If developer fails to comply with this notification requirement within 60 days of the specified time, then the District may collect any reimbursement funds owed to developer under this agreement, and the District’s obligation to reimburse developer from such funds will end.

(11) The developer shall not assign its rights and obligations under the reimbursement agreement without the prior written consent of the District.

(12) The reimbursement agreement shall be recorded with the Snohomish County Auditor’s office within 30 days of execution.

(13) Developer shall provide the Planning and Development Services Director documentation of the actual total cost of construction prior to the acceptance by the District for use and operation of the facilities constructed under the developer extension agreement. In the event that the actual costs are less than the estimated costs by 10 percent or more, the reimbursement fees shall be recalculated by the Planning and Development Services Director using actual cost figures and an amended schedule of reimbursement fees shall be recorded by the District without further agreement by the developer. Developer agrees that an increase in the actual costs shall not result in recalculation of the fees. [Amended during 2016 codification; Res. SR 969 §§ 1 – 13, 2010].

5.10.060 Lift stations – Subdivision maps.

The General Manager is authorized to execute on behalf of the District subdivision maps and other documents that convey real property to the District on which public lift stations are to be located. [Res. SR 986 § 1, 2013].

5.10.070 Lift stations – Land dedication.

The General Manager shall inform the Board of Commissioners in advance of any pending dedications of land to the District for use by a lift station, and shall report all such completed transactions at the next regular Board meeting. [Res. SR 986 § 2, 2013].