Chapter 13.32
CONNECTION FEES
Sections:
13.32.020 Amounts deemed additional.
13.32.030 Connection fee credit.
13.32.040 Connection fee credit--Eligibility.
13.32.050 Connection fee credit--City council--Authority.
13.32.060 Connection fee credit--Director of public works--Authority.
13.32.070 Connection fee credit--Appeals.
13.32.080 Connection fee credit--Conditions.
13.32.010 Fees established.
On and after the effective date of the ordinance codified in this chapter, such charges as may be established by written resolution of the council shall be paid by a party seeking to obtain connection to the city’s water and sewer utility. (Ord. 1002 §2, 1999: Ord. 905 §2, 1993).
13.32.020 Amounts deemed additional.
The amounts established pursuant to the authority granted in Section 13.32.030 shall be in addition to any charges to be paid for the charges established for the meter or meters provided and the monetary cost, if any, charged by the city for the actual physical connection to the applicable system. (Ord. 1002 §3, 1999).
13.32.030 Connection fee credit.
Subject to compliance with the provisions of the ordinance codified in Sections 13.32.010 through 13.32.080 and the terms of any resolution of the council or any rule or regulation adopted pursuant to the authority granted in Sections 13.32.050 and 13.32.060, the city may allow a connection fee credit for the full or partial cost of off-site improvements that are deemed by the city to be system-wide benefit projects. Any credit pursuant to the provisions of Sections 13.32.010 through 13.32.080 or any resolution, rule, or regulation adopted in furtherance thereof may be conditioned upon such matters as the council deems necessary and appropriate including, but not limited to, the nature of the structures the connection of which will be eligible for the credit. (Ord. 1016 §1, 2000).
13.32.040 Connection fee credit--Eligibility.
For purposes of Sections 13.32.030 through 13.32.080 and any resolution, rule or regulation adopted in furtherance thereof, the following provisions shall apply:
A. System-Wide Benefits Defined. For purposes of qualification under Sections 13.32.030 through 13.32.080, the following are considered system-wide benefit projects:
1. Those projects or related activities that the city is obligated to complete in order to meet a statute or capital facility plan element, which if completed by the city, will require expenditure of city funds. This shall include but is not limited to the following:
a. Projects that correct specific deficiencies identified in the current or amended comprehensive utility plan,
b. Projects that correct system-wide or regional deficiencies associated with state-mandated or local compliance issues (e.g., minimum pressure requirements pursuant to Chapter 246-290 WAC or local fire flow requirements), or
c. Projects that transfer water rights to the city in excess of the water demands for the proposed use of the property associated with the project;
B. Specific Exclusions to System-Wide Benefits. For the purpose of Sections 13.32.030 through 13.32.080, the following shall not be considered system-wide benefit projects and thus will not qualify an applicant for consideration of the in lieu approach authorized pursuant to Sections 13.32.010 through 13.32.080:
1. Those projects or related activities that the applicant is obligated to complete to provide basic service to the proposed development or to meet conditions of service as set forth by the city. This shall include, but is not limited, to the following:
a. Water mains and associated facilities (either new or replacement) along any frontage of a property that is associated with the proposed project, or
b. New water mains and associated facilities that are extended for the specific purpose of serving new connections to the water system;
C. Eligible Connection Fees Defined. For the purpose of Sections 13.32.030 through 13.32.080, eligible connection fees are those that are identified on the approved plans within the limits of the property associated with the specific application or applications. (Ord. 1016 §2, 2000).
13.32.050 Connection fee credit--City council--Authority.
The council may adopt such written resolutions it may from time to time deem necessary and appropriate setting forth such matters as may be necessary to implement the consideration and granting or denial of the credit authorized pursuant to Section 13.32.010, including determination of the general availability of the credit to a particular situation and all matters relating to the filing of an application and its consideration and determination. (Ord. 1016 §3, 2000).
13.32.060 Connection fee credit--Director of public works--Authority.
The director of public works shall have the authority to develop and issue such rules, regulations, and forms, as he or she may determine necessary and appropriate in order to administer this program. Any such rule or regulation shall be submitted in writing to the council no less than thirty calendar days prior to its anticipated effective date. If during that period the council either rejects or suspends the effective date, the rule or regulation shall not go into effect until approval by the council. In the event of no action by the council, the regulation shall go into effect upon the date set by the director; provided that, the director may propose and the council may authorize an effective date earlier than the thirty days otherwise required. (Ord. 1016 §4, 2000).
13.32.070 Connection fee credit--Appeals.
Any appeal taken from a decision made pursuant to the provisions of this chapter shall be pursuant to RCW 16.70C, as now existing or hereafter amended or succeeded. (Ord. 1016 §5, 2000).
13.32.080 Connection fee credit--Conditions.
As to any connection fee credit which is authorized by the council, the following conditions shall apply:
A. If, within one year of the council’s approval or one year of the date upon which any appeal taken from the council’s decision becomes final, whichever shall be later, the program of system improvements upon which the credits are based has not been completed to the city’s satisfaction and turned over to the city free and clear of any retained interest, the grant and authorization shall be deemed null and void.
B. Any credit allowed, unless utilized by the filing of an application for water utility connection which relates to a site meeting the city’s requirement for such an application and connection, shall lapse three years from the date of the council’s approval or three years after the date upon which any appeal taken from the council’s decision becomes final, whichever shall be later.
C. Any connection fee credit allowed shall not be available for use for actual connection until the system improvements have been accepted by the city.
D. Acceptance of the connection fee credit shall be conclusively deemed in lieu of any other mechanism to recover the costs incurred in completing the improvements to the utility system, including a recapture agreement.
E. The maximum credit which may be allowed shall be the monetary sum representing the connection fees which would otherwise be payable for the structures covered by the application and shall not be allowed to be transferable to other projects. (Ord. 1016 §6, 2000).