Chapter 6.16


6.16.010    Connection Required

6.16.020    Connection Standards

6.16.030    Unlawful Connections to Public Sewer

6.16.040    Private Sewers - Conveyance to City

6.16.050    Disconnection/Reconnection of Building Sewer

6.16.060    Connection of Non –Assessed Property

6.16.070    Building Sewers or Connections Necessary Repairs

6.16.080    Sewer Connection Charges Payment Due

6.16.090    Permit Fees and Connection Charges

6.16.100    Charge-in –Lieu-of –Assessment

6.16.110    General Facilities Connection Charge

6.16.120    Lake Sevens Sewer District Charges

6.16.130    Sewer Stub Charge

6.16.140    Engineering Review Inspection Fees, Costs Outside ULID’s

6.16.150    Sewer Connection Charges -- Vesting of Rates

6.16.160    Change in Property Use

6.16.010 Connection Required.

Connection of a primary structure to a public sewer system is required if the lot is within 200 feet of a sewer line capable of servicing the structure. (Ord. 679, Sec. 5, 2003; Ord. 476, 1995)

6.16.020 Connection Standards.

Standards for sewer connections are found in LSMC 14.60, Utilities.

6.16.030 Unlawful Connections to Public Sewer.

No person other than representatives of the City shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written building sewer permit from the Public Works Director pursuant to LSMC 14.60.200, Building Sewer Permits Required.

6.16.040 Private Sewers - Conveyance to City.

A private sewer constructed in a public right of way or in an easement conveyed to the City may be conveyed to the City subject to acceptance by the City. If the City accepts that conveyance, the sewer thereafter shall be a public sewer under the jurisdiction of the City. Prior to accepting the conveyance, the City may require that the grantor of the private sewer satisfy certain construction and other reasonable standards, including, but not limited to, the payment of permit fee, stub fee, general facilities charge, and an in lieu of assessment charge, if applicable.

6.16.050 Disconnection/Reconnection of Building Sewer.

(a)    No disconnection or reconnection from a building sewer or the public sewer system shall be made unless it is approved by the Director. In all cases satisfactory protection must be given by the owner and/or contractor to the public sewers of the City. In the case of disconnection, this includes, but is not limited to, the satisfactory capping of a disconnected building sewer.

(b)    Sewer service charges for any structure disconnected shall continue until such disconnection is approved by the City and the building and public sewer capped and otherwise protected to the satisfaction of the Public Works Director.

(c)    There shall be a charge to inspect a disconnection, and an additional charge to inspect a reconnection to the public sewer system of the City. Such charges shall be set by resolution.

(d)    If there is any change in the number of residential units, or equivalents, to be served by a reconnection, connection, stub, and building sewer permit charges may also apply. (Ord. 476, 1995)

6.16.060 Connection of Non-Assessed Property.

(a)    The owners of property outside the boundaries of the City, upon authorization by the City Council and the Boundary Review Board, may connect structures to the public sewer of the City upon payment of necessary fees to the City (including any special charges on behalf of the Lake Stevens Sewer District, if appropriate), construction of the necessary connection sewer line in accordance with all City specifications, and conveyance of a public utility easement.

(b)    Any existing sewer facilities or building sewer lines must be acceptable to the Public Works Director. Any reasonable tests may be required to inspect and accept the existing sewer facilities, including, but not limited to, spot excavation, internal TV, candling, smoke and/or low pressure air testing. The cost of such inspections, repairs and re-inspections as required, shall be borne by the property owner.

(c)    The owners of property within the City which has not been subject to special assessments for sewers by the City may connect structures on the property to the public sewer of the City and obtain sewage disposal service by obtaining a building sewer permit and paying all necessary fees to the City. (Ord. 679, Sec. 6, 2003; Ord. 476, 1995)

6.16.070 Building Sewers or Connections - Necessary Repairs.

(a)    Any needed repair to a building sewer or connection to a public sewer shall be made within thirty days after the date of mailing or personal service of a notice by the Public Works Director to the owner of the property served notifying such owner to make such repair. In the event of an emergency, the Public Works Director may establish a shorter period of time for the repair to be made or, if the owner cannot be located or does not promptly make such repairs, the City may make the repairs.

(b)    If any needed repair to a building sewer or connection to a public sewer is not be made within the time and in the manner provided in this chapter, the Public Works Director may forthwith cause the same to be made and file a statement of the cost thereof with the City Clerk.

(c)    The Public Works Director shall certify the amount of the cost of making such connection or repairs to the City Finance Director, who shall file a declaration of lien with the Auditor of Snohomish County. Upon such filing, the cost, together with interest at twelve percent (12 %) per annum, shall become a lien against the property, and the City may bring action to collect said claim and foreclose said lien. (Ord. 476, 1995)

6.16.080 Sewer Connection Charges -- Payment Due.

(a)    At any time following preliminary approval and prior to final approval of a subdivision, or short subdivision, or at the time a building permit is requested for an individual lot not previously covered under this section by a subdivision or short subdivision, and before a permit is issued, the property owner must pay to the City, in addition to any permit fee, stub fee, or other charge which may be due, an amount of money which shall constitute a connection charge, consisting of a Charge-in-Lieu-of-Assessment (if applicable), a General Facilities Connection Charge, and a Lake Stevens Sewer District partial-charge-in-lieu-of-assessment (if applicable), as specified below. The connection charge must be paid in full before connection to the public sewers of the City is permitted. The connection charge will be the current rate set by resolution at the time of preliminary approval for a subdivision or short subdivision and will not be subject to increase as long as the preliminary approval is active. The developer/property owner will pay total payment owing prior to final approval of a subdivision, or short subdivision.

If an existing property owner has an on-site treatment and if the City Council approves, and if the property owner pays at least ten percent thereof, and an administrative fee as set by resolution, the balance of the Charge-in-lieu-of-assessment and General Facilities Connection Charge portions of the connection charge may be paid in not more than 5 equal annual installments or less, plus interest at a rate determined each year, based on the State Investment Pool rate available to the City. The interest shall be the highest rate for the previous year from the date of the payment agreement, plus 2%, payable annually on the unpaid balance, provided however, that the interest rate charge shall not be less than 5% nor exceed the highest rate permissible under RCW 19.52.020 and that the unpaid balance plus interest shall be and remain a recorded lien against the property prior to any other charges whatsoever, except taxes. A late fee of 10%of the due installment payments including interest will be charged for each installment that remains unpaid for more than 15 days after its due date. In addition if any installment remains unpaid in excess of 30 days, the City may initiate foreclosure procedures for the full amount of the unpaid principal and interest including all reasonable costs and attorneys fees.

(b)    If the property to receive service under the permit is not platted, then all of that property owned by the same person in a contiguous area, which at that time has not been subject to special assessments for both general facilities, and for the public sewer into which it is to be connected, and which can be served by that public sewer, must be covered by the connection charge, in whole or in part.

(c)    If such property is platted, then only the lot to be served need be covered by the permit, and the connection charge, if not previously paid.

(d)    Commercial/industrial development shall be charged based upon equivalent residential units or contracted rates.

(e)    The Lake Stevens Sewer District partial charge in lieu of assessment must be paid in full if required.

(Ord. 690, Sec. 1, 2004; Ord. 679, Sec. 7, 2003; Ord. 476, 1995)

6.16.090 Permit Fees and Connection Charges.

(a)    Permit Fees - At the time when an application for a building sewer permit is made the applicant shall pay to the City a permit fee, stub charge, and/or other applicable charges, if any, as set forth by resolution and according to the following categories:

(1)    Single-family dwellings

(2)    Multiple-family dwellings

(3)    Commercial or industrial structures

(4)    Each modification or addition to an existing building sewer servicing a building or structure where such modification or addition is done entirely on private property.

(b)    In the event the permit is not issued, the permit fee, connection charge, or other charges shall be refunded.

(Ord. 476., 1995)

6.16.100 Charge-in-Lieu-of-Assessment.

(a)    The charge-in-lieu-of-assessment is payment for the sewer main benefiting any given property. It applies when no previous payment for or contribution toward the line has been made for the subject property. Such fee for charge-in-lieu-of-assessment shall be set by resolution.

(b)    The charge-in-lieu-of-assessment may be determined, as near as may be, from:

(1)    the actual cost to construct the line (including all administration and design costs);

(2)    or, if that is not known, by the use of the assessment formula used in the utility local improvement district whose sewer lines will be tapped to serve the property subject to the permit;

(3)    or if there be no such utility local improvement district, then the charge-in-lieu-of-assessment shall be a fee levied per square foot of lot area or contiguous ownership, excluding access or dedicated open space easements, if any.

(c)    Instead of the charge-in-lieu-of-assessment the City may accept, at the discretion of the Public Works Director:

(1)    a sewer pipeline of sufficient value installed in a public easement or public right-of-way, or

(2)    some other performance reflecting a value approximating the charge-in-lieu-of-assessment.

(d)    The Grade Road Basin Charge is the special charge-in-lieu-of-assessment levied per residential unit or equivalent to properties tributary to the Grade Road Sewer Extension, City Contract No. 04-01. Properties subject to the Grade Road Basin Charge are those included within the basin limits as set forth on the attached Exhibit A and are applicable to any lot regardless of lot status at the time of adoption of this Basin Charge.

(e)    The Grade Road Frontage Charge is the special charge-in-lieu-of-assessment levied per residential unit or equivalent to properties directly connecting sewer service to the Grade Road Sewer Extension, City Contract No. 04-01. Properties subject to the Grade Road Frontage Charge are those included within the frontage limits as set forth on the attached Exhibit B and are applicable to any lot regardless of lot status at the time of adoption of this Frontage Charge. Properties beyond the 150-foot setback shown in the Exhibit connecting directly to the Grade Road Sewer (e.g. long side sewer connection) are also subject to the Grade Road Frontage Charge, except that such properties subject to further extension of the public sewer as a condition of service are not subject to the Grade Road Frontage Charge. (Ord. 709, Sec. 2, 2004; Ord. 476, 1995)

6.16.110 General Facilities Connection Charge.

(a)    The general facilities connection charge is for, and shall be based upon:

(1)    actual expenses of the City for structures, studies, reports, payments, or other expenses associated with the public sewer system of the City;

(2)    expected expenses based upon proposed structures, studies, reports, payments;

(3)    or other expenses specifically identified and planned which are seen to be of general benefit to the public sewer system of the City. The general facilities connection charge shall be set by resolution and be based upon review of pertinent costs.

(b)    If the property being connected is outside the City’s service area, as defined in the Sewage Disposal Contract with Lake Stevens Sewer District, and if a Lake Stevens Sewer District partial charge-in-lieu-of-assessment is required, the amount of the charges to be collected by the City on behalf of the District may be credited against this general facilities connection charge, to a maximum of one-half of the total value of the City’s general facilities charge.

6.16.120 Lake Stevens Sewer District Charges.

If the property connecting to the public sewer system of the City is outside the City’s service area, as identified in the Sewage Disposal Contract with Lake Stevens Sewer District, a Lake Stevens Sewer District partial charge-in-lieu-of-assessment may be necessary in conformance with the Contract. The partial charge-in-lieu-of-assessment shall be the District’s general facilities charge, and shall not include the “growth charge” portion of the District’s charge-in-lieu-of-assessment. This charge, when collected by the City, shall be immediately paid to Lake Stevens Sewer District.

6.16.130 Sewer Stub Charge.

At the time, when a sewer stub permit is applied for, the applicant shall pay to the City of Lake Stevens a fee for said permit as set by resolution. In the event the permit is not issued, the permit fee will be refunded. (Ord. 476, 1995)

6.16.140 Engineering Review Inspection Fees, Costs Outside ULID’s.

(a)    In the event that more than three separate buildings are to be connected by the same property owner, the property owner shall submit to the City for its approval plans covering such connections prepared by a registered professional engineer and showing the size of pipe and its proposed location and grade. In this event, and under the provisions of Developer Contracts, the property owner shall submit the plans to the Public Works Director for review. At this time, the property owner shall pay to the City an administrative fee of $500, and a Project Deposit for the estimated cost of engineering and administrative review and services, including plan review or preparation, preparation of easements, surveying, reproduction, pre-construction and construction activities, inspection, testing and all other work completed by the City and/or its consultants directly related to the sewer project and/or Developer Contract. The property owner or developer shall be responsible for the payment of all such costs, regardless of the value of the Project Deposit, prior to final acceptance of the project by the City. (Ord. 679, Sec. 10, 2003; Ord. 476, 1995)

(b)    In the event any property owner desires any stubs to be installed from the public sewer to the property line, in addition to the stub, or stubs previously installed, such additional stubs must be installed by a registered side sewer contractor, or qualified City employee solely at the property owner’s expense.

(c)    All sewer lines constructed by any property owner outside the boundaries of any utility local improvement district shall be constructed and installed at the sole expense of the property owner under the supervision of the City, and after installation such sewer lines, other than building sewers from the structure to the property line, shall be conveyed to the City free and clear of all liens or encumbrances, together with duly executed and acknowledged easements for all portions of such sewer lines located upon private property, all at no cost to the City. The cost of the City supervision shall be paid for by the property owner. The property owner shall furnish the City “as built” drawing covering such sewer lines so constructed and installed.

(d)    Notwithstanding the provisions of this chapter, the City may refuse to allow connection to the sewer system if such connection is to be economically impracticable or is otherwise determined by the City to be contrary to the best interests of the entire sewer system.

6.16.150 Sewer Connection Charges -- Vesting of Rates.

There is no vesting of fee rates under this section, except for properties included in Utility Local Improvement District (U.L.I.D.) No. 70-1. Properties in U.L.I.D. No. 1, which front upon existing sewer lines, are permitted one connection per lot in existence on March 1, 1970, or a number equal to the number of stubs assessed as part of U.L.I.D. No. 1 if greater than 1. If such property has been subdivided since March 1, 1970, then the vesting goes with the first lot developed, and only for the number of stubs assessed (minimum one). Additional units constructed, installed, or utilized as separate residences shall be charged at the current rate.

6.16.160 Change in Property Use.

If the use of a property changes to a more dense development, or to a higher residential equivalent, an additional connection charge shall be paid to the City for the increase in development or usage. (Ord. 476, 1995)