Chapter 12.45
ROAD ASSESSMENT REIMBURSEMENT AREAS
Sections:
12.45.040 Reimbursement of county funding.
12.45.050 Preliminary determination—Public hearing.
12.45.060 Appeal of preliminary determination.
12.45.070 Assessment reimbursement agreements.
12.45.080 Assessment reimbursement contract administration.
12.45.090 Effect of annexation.
12.45.010 Definitions.
The following definitions apply to this chapter:
“Benefited properties” means properties adjacent to and benefited by street improvements for which the property owners will not be required to complete similar street improvements upon development because street improvements have been provided by a contract made pursuant to this chapter.
“Board” means the board of county commissioners.
“Department” means the transportation and land services department.
“Development” shall have the meaning prescribed by DCC Chapter 14.98.
“Owner” means the owner or owners of record according to the taxpayer rolls of the county treasurer.
“Street improvements” means the construction or improvement of any street project, including design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls, and other similar improvements, as required by development regulations and/or county road standards. (Ord. TLS 10-04-09B (Exh. A) (part))
12.45.020 Authority.
Pursuant to Chapter 35.72 RCW and this chapter, the board may contract with owners of real estate for the construction of street improvements the owners elect to install as a result of development regulations and/or county road standards that require the street improvements as a prerequisite to property development. (Ord. TLS 10-04-09B (Exh. A) (part))
12.45.030 Application.
A. An owner may apply for establishment of an assessment reimbursement area. The application shall include the following information:
1. A detailed description of the applicant’s development proposal;
2. A detailed description of the street improvements to be completed by the applicant;
3. An engineer’s estimate of the cost of the street improvements;
4. A map showing the proposed boundaries of the assessment reimbursement area and delineating the benefited properties by tax parcel number and owner;
5. A list of the benefited properties containing the following information for each parcel:
a. Tax parcel number;
b. Name and address of each owner, contract seller, contract purchaser and mortgagee;
c. Area in acres, rounded to the nearest one-hundredth of an acre; and
d. The pro rata share of reimbursement expressed as a percentage, rounded to the nearest one-hundredth of one percent;
e. The estimated reimbursement amount;
6. A detailed description of the methodology used to determine estimated benefits and pro rata shares for the benefited properties; and
7. The period, not to exceed fifteen years, during which reimbursement will be required.
B. The application shall be filed, together with all applicable filing fees and estimated costs for publishing and mailing of required notices, with the department.
C. The department shall assign a unique identifier to the proposed assessment reimbursement area, shall review the sufficiency of the application, and may require the applicant to provide additional information as a condition of determining the application is accurate and complete.
D. Any street improvement work conducted by the applicant prior to establishment of an assessment reimbursement area and recording of an assessment reimbursement contract shall be at the applicant’s sole risk that such work may not be subject to reimbursement. (Ord. TLS 10-04-09B (Exh. A) (part))
12.45.040 Reimbursement of county funding.
The county may obtain reimbursement for street improvements under this chapter. The administrator of the department may file an application to establish an assessment reimbursement area on the same terms and conditions as an owner of real property. The administrator may also request that reimbursement of county-funded street improvements be included as part of an owner’s application for an assessment reimbursement area. The county may include for its funded street improvements all costs for construction and improvements, engineering and surveying necessary, acquisition of rights-of-way, advertising, mailing and publication of notices, legal services and any other expenses incurred in connection with financing, including the issuance of any bonds, and the costs of administering the fund. The county may be reimbursed to the extent street improvements benefit that portion of the public who will use developments within a road reimbursement area. The county may not be reimbursed for costs of street improvements that benefit the general public. (Ord. TLS 10-04-09B (Exh. A) (part))
12.45.050 Preliminary determination—Public hearing.
A. Within sixty days after the application is deemed complete, the board shall hold a public hearing on the application.
B. Notice of the hearing shall be published not less than ten days prior to the hearing. Notice of the hearing shall also be mailed to all owners of property within the proposed assessment reimbursement area not less than twenty days prior to the hearing.
C. After the public hearing the board shall accept, accept with modifications or deny the application. If the board accepts the application, as made or with modifications, the board shall adopt a preliminary determination ordinance that includes the following:
1. A description of the street improvements to be completed by the owner;
2. An engineer’s estimate of the cost of the street improvements;
3. A map showing the proposed boundaries of the assessment reimbursement area and delineating the benefited properties by tax parcel number and owner;
4. A list of the benefited properties, as provided by the applicant, containing the following information for each parcel:
a. Tax parcel number;
b. Name and address of each owner, contract seller, contract purchaser and mortgagee;
c. Area in acres, rounded to the nearest one-hundredth of an acre; and
d. The pro rata share of reimbursement expressed as a percentage, rounded to the nearest one-hundredth of one percent; and
e. The estimated reimbursement amount;
5. A finding that the properties within the assessment reimbursement area are benefited properties and that the method of reimbursement apportionment is based on the benefit to each property owner;
6. Payment of the assessment is a condition of the issuance of any permit or commencing development of a benefited property regardless of whether a county permit or license is required;
7. The conditions of county participation and reimbursement to the county;
8. If the county has entered into an agreement with the Washington State Department of Transportation (WSDOT), the conditions of participation by and reimbursement to WSDOT;
9. The period during which reimbursement will be required, not to exceed fifteen years and extensions as authorized by RCW 35.72.020(2); and
10. A statement that the preliminary determination ordinance shall become a final determination unless appealed within twenty days after mailing a copy of the ordinance to all owners of property within the proposed assessment reimbursement area.
D. A copy of the preliminary determination ordinance shall be mailed by the department, by both regular mail and certified mail, return receipt requested, to each owner of property within the proposed assessment reimbursement area within five days after adoption. (Ord. TLS 10-04-09B (Exh. A) (part))
12.45.060 Appeal of preliminary determination.
Any owner of property within the proposed assessment reimbursement area may appeal the board’s preliminary determination by filing a written request for a hearing with the clerk of the within twenty days after the mailing of the preliminary determination ordinance. All appeals filed by owners of property shall be heard by the board at a consolidated public hearing. Notice of the hearing shall be mailed to all owners of property within the proposed assessment reimbursement area at least ten days prior to the hearing. After the public hearing, the board may deny the application, affirm the preliminary determination or modify the preliminary determination. A decision affirming or modifying the preliminary determination shall be made by ordinance. The decision of the board is a legislative determination and shall be determinative and final. (Ord. TLS 10-04-09B (Exh. A) (part))
12.45.070 Assessment reimbursement agreements.
After the preliminary determination becomes final or after an appeal affirms or modifies the preliminary determination, the county and the applicant shall execute an agreement for reimbursement to the applicant in accordance with the board’s decision establishing the assessment reimbursement area. Additionally, the agreement shall comply with RCW 35.72.020(3). The applicant shall record the agreement in the office of the county auditor within thirty days after final execution and mail a copy of the agreement to all owners of property within the assessment reimbursement area and to the transportation and land services department. Upon recording, the agreement shall then be binding on all owners of property within the assessment reimbursement area for a period not to exceed fifteen years, unless extended pursuant to RCW 35.72.020(2). (Ord. TLS 10-04-09B (Exh. A) (part))
12.45.080 Assessment reimbursement contract administration.
A. The department shall be responsible for administering collection and reimbursement of assessments.
B. The department shall review the accuracy of actual costs of the street project, as submitted by the applicant to the department. If the actual costs of the project are less than the estimated costs for the assessment reimbursement area, assessments shall be adjusted to reflect actual costs. No adjustment shall be made for costs of the street improvements exceeding the estimated costs.
C. A separate account shall be established for each assessment reimbursement area.
D. No assessment shall become payable under the assessment reimbursement contract until the property is subject to development.
E. Reimbursements collected by the department shall be subject to a five percent administrative fee that shall be deducted and retained by the department prior to payment to the applicant.
F. The right to reimbursement is personal. Reimbursements shall be paid to the applicant and not the applicant’s successors due to transfer of applicant’s property within the assessment reimbursement area, unless the applicant’s right to reimbursement is assigned or otherwise transferred by operation of law.
G. Unpaid and delinquent assessment reimbursements may, in the sole discretion of the county treasurer, be collected and foreclosed upon by the county treasurer in the same manner as real property taxes.
H. The liability of the county and the department to the applicant for collection of principal and /or interest from property owners is limited to the amounts actually collected by the department and not reimbursed to the applicant, less the department’s administrative fee. (Ord. TLS 10-04-09B (Exh. A) (part))
12.45.090 Effect of annexation.
Annexation of property within an assessment reimbursement area by a city or town shall not affect the liability of property owners for assessment reimbursements or the responsibilities of the applicant under an assessment reimbursement contract. (Ord. TLS 10-04-09B (Exh. A) (part))
12.45.100 Severability.
If any portion of this chapter or its applicability to any person or circumstance is held invalid, the remainder of this chapter and the application of its provisions to other persons or circumstances shall not be affected. (Ord. TLS 10-04-09B (Exh. A) (part))