4-1-180 CHARGES FOR EQUITABLE SHARE OF PUBLIC WORKS FACILITIES:

Owners of properties to which improvements are being proposed that have not been assessed or charged an equitable share of the cost of public works facilities, such as water systems, sanitary sewer systems, storm water systems, and street improvements including signalization and lighting, shall be subject to one or more of the charges listed in the City of Renton Fee Schedule. Any fees triggered by improvements or development, as detailed in this Section, are due and payable at the first of the following instances:

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Prior to the issuance of a Public Works Construction Permit;

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Prior to the recording of a single family residential plat or single family residential short plat;

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Prior to the issuance of a building permit; and

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In all cases, prior to the issuance of a certificate of occupancy (either temporary or final).

All of the following charges shall be paid into the appropriate utility or street fund except that any fees collected under a private latecomer’s agreement shall be passed on to the holder of the agreement with the applicable fees paid to the appropriate utility or street fund.

A. PRIVATELY HELD LATECOMER’S FEES AND SPECIAL ASSESSMENT DISTRICT (FORMERLY KNOWN AS CITY HELD LATECOMER’S) FEES:

1. Applicability of Privately Held Latecomer’s Fee: The City has the discretionary power, as detailed in Chapter 9-5 RMC, to grant street latecomer’s agreements to developers and owners for the reimbursement of a pro rata portion of street improvements including signalization and lighting they install and turn over to the City. The City shall grant utility latecomer’s agreements for the reimbursement of a pro rata portion of utility systems such as water, sanitary sewer or storm sewer, if all conditions are met. For purposes of this section, both utility and street latecomer’s agreements shall be collectively referred to as “latecomer’s agreements.”

2. Applicability of Special Assessment District Fee: The special assessment charge is a fee that enables the City to recover a pro rata portion of the original costs of public works improvements (water systems, sanitary sewer systems, storm water systems, and street improvements including signalization and lighting) from the owners of property who would benefit from future connections to, or future users of, improvements to the City’s infrastructure that were not installed by LIDs or by a private developer under a latecomer agreement. The imposition, collection, payment and other specifics concerning these charges are detailed in chapter 9-16 RMC, Special Assessment Districts. Interest may be charged pursuant to RMC 9-16-6, Payments to City.

3. Exemptions for Latecomer’s or Special Assessment District Fees:

a. Segregation of Fees: The City may grant segregation of private developer latecomer’s fees or special assessment district fees on large parcels of land per subsection C of this Section.

b. Relief Due to Two (2) Similar Facilities: The Public Works Administrator will consider relieving a parcel of a latecomer’s or special assessment district fee/assessment if the property has a benefit from either (but not both) of two (2) similar facilities. The Public Works Administrator will make the decision based on engineering and policy decisions as to which facility(ies) benefit and/or are utilized by the parcel. The assessment due would be that associated with the utilized facility. If there are no sound engineering or policy reasons that indicate one facility over the other, the City shall give the applicant the choice of facilities to utilize.

c. Relief Due to Future Subdivision: At the time the latecomer’s agreement or special assessment district is formed, and as a condition of the latecomer’s agreement or special assessment district, the City may require that the assessment against a parcel be divided such that a single family residential connection will be assessed based upon the size of a typical single family residential lot in that area. The remainder of the cost attributed to said site will be due at such time as the parcel develops further either by subdivision or increased density. In the case of a special assessment district, interest will continue to accrue on the remaining portion of the assessment.

d. Reallocation of Assessment Due to Subdivision of Property: The Public Works Administrator will consider reallocation of the latecomer’s assessment or the special assessment if a property is subdivided for any purpose other than single family use. Reallocation may be granted based upon front footage, area, or other equitable means. Consideration may be given to adjusting the assessment between the new parcels, based upon value of benefit from the improvements, such that two (2) similar parcels may pay different amounts because one receives more benefit. (Ord. 5450, 3-2-2009; Ord. 5984, 10-26-2020)

B. SYSTEM DEVELOPMENT CHARGES (SDC) – WATER, WASTEWATER, AND STORM WATER:

The City has authority under RCW 35.92.025 to impose charges, which are commonly referred to as “system development charges,” on property owners in order that said property owners shall bear their equitable cost share of the City’s utility system(s).

1. Applicability of System Development Charge: The system development charge is hereby imposed against properties and, by inference, the owners of said properties that are benefiting from and/or increasing the level of usage of the City’s utility systems. Said property owner(s) shall pay, prior to connection to or benefit from a City utility system, the system development charge associated with that utility as detailed in the City of Renton Fee Schedule. A parcel may benefit from a City utility system during the development or redevelopment of the property with or without a connection to an established facility. Therefore, the system development charge for a utility may be triggered without a physical connection to an existing facility.

a. “Utility system” shall mean:

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The sanitary sewer system, including but not limited to lift stations, force mains, interceptors and other sewer mains.

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The storm water system, including but not limited to flow control or water quality facilities, flood hazard reduction improvements, lift stations, force mains, interceptors, and other storm water storage, treatment, collection and conveyance systems used for management of storm water runoff; and

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The water system, including but not limited to wells, pump stations, water treatment facilities, reservoirs and water mains.

b. The phrase “increasing the level of usage of a City utility system(s),” as used in this Section, shall mean any of the following:

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First Time Service Connection or Benefit: Any property that is connecting to or benefiting from a Renton utility system for the first time (including but not limited to new construction, conversion from private well, or conversion from septic system); and

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Property that is being improved, developed, redeveloped, or subdivided and as part of said action has installed an additional water meter(s), has installed a larger water meter(s) or creates additional impervious surface (for the purpose of this code, conversion of a gravel area to asphalt, concrete, or other impervious surface shall be considered additional impervious surface).

c. The basis for the charge of system development charges shall be:

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Storm Water: The addition of any new impervious surface to properties will require payment of the system development charge for storm water for the additional new impervious surface only. If a property is making a connection for the first time to a storm water system, it will only require payment of the system development charge for storm water for the impervious surface tributary to the point of connection. Any rebuilding, change in use or additions to property that does not create additional impervious surface or does not cause a first time connection to be made will not require payment of the system development charge for storm water.

New single family development will pay based upon a flat rate per dwelling unit. Existing single family development that has previously connected will pay based upon square foot of additional impervious surface. Existing single family development that is connecting for the first time will pay based upon a flat rate per dwelling unit. Commercial and multi-family development will pay based upon square foot of additional impervious surface.

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Wastewater: The addition of a new domestic water meter, increasing the size of an existing domestic water meter, conversion of a non-domestic water meter to domestic use, or the first time connection of a property to the sanitary sewer system will require payment of the system development charge. For each additional domestic meter installed, the charge shall be based upon the size of the additional meter(s). For each increased domestic meter, the charge shall be for the size of the new domestic meter minus the charge for the domestic meter being replaced. For the conversion of a non-domestic water meter to domestic use, the charge will be based upon the size of the meter converted to domestic use. For the first time connection of an existing developed property to the sewer system, the charge shall be based upon the size of the domestic meters for the property.

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Water: The addition of a new domestic or irrigation water meter, increasing the size of an existing water meter, or the addition of a service for fire protection will require the payment of the system development charge. For each additional meter installed, the charge shall be based upon the size of the additional meter(s). For each increase in meter size, the charge shall be for the size of the new meter minus the charge for the meter being replaced. For the addition or increase in size of a service for fire protection, the charge shall be based upon the size of the fire service, not the size of the detector bypass meter.

d. Charges Not Refunded for a Reduction In Service: System development charges will not be refunded if the service basis, as described above, is reduced. The service level, prior to reduction, may be considered as existing level of service as described below.

e. Existing Level of Service: The existing level of service shall be the baseline for any additional system development charges. Said baseline level of service shall be determined by existing connections; existing size, type and number of water meters; and existing impervious surfaces. When a previously developed property has participated in demolition of existing improvements, then the baseline level of service shall be the highest level of developed condition within the five (5) year period preceding the date of application. Any development of the property that has been removed for more than five (5) years shall not be considered when calculating additional fees. For demolished impervious surfaces, the City reserves the right to utilize construction drawings, aerial photos, or topographic maps to best determine square footage of impervious surface prior to demolition.

For storm water, when increasing the level of density of single family by the addition of units or redevelopment to commercial or multi-family, the existing level of service baseline shall be as follows: when the existing level of service is single family and the proposed service is single family, the baseline shall be existing dwelling units. When the existing level of service is single family and the proposed service is other than single family, the baseline shall be the square footage equivalent of the existing dwelling units.

For example, if a property owner removed all improvements from a two (2) acre parcel that had a one-inch (1") domestic water meter, a one-inch (1") irrigation water meter, was connected to sanitary sewer, and was fifty percent (50%) impervious and that parcel sat vacant for two (2) years, those improvements would be considered when calculating additional system development charges.

Exceptions:

The addition of an irrigation meter only for an existing single family residential dwelling will not trigger a system development charge for water or sewer.

The addition of a second domestic meter to an existing duplex in order to divide consumption for billing purposes will not trigger a system development charge.

Improvements to existing single family residential units that have had the system development charge for storm water paid per dwelling unit shall be exempt from charges for additional impervious surfaces unless the additional impervious surface is created by the addition of single family units or by development other than single family.

Improvements to existing single family residential units such as additions that are less than five hundred (500) square feet of new impervious surface are exempt from the system development charge for storm water unless a new connection to the Renton storm water system is proposed or required as part of the permit application.

2. Exemptions to System Development Charge:

a. Installation of an Irrigation Meter Solely for the Purpose of Providing Irrigation Water to City Right-of-Way: Installation of a water meter solely for the purpose of providing irrigation water to City right-of-way is exempted from the system development charge.

b. Exemption for City-Owned Property: No system development charge will be collected on City-owned properties. The benefits to the utility from the use of other City properties such as utility easements, lift stations and other benefits offset the amount of the system development charge.

c. Storm Water Exemption for Infiltration Facility: Developments that infiltrate or contain on site one hundred percent (100%) of the on-site storm water runoff volume from a one hundred (100) year storm are exempt from the storm water system development charge. For the application of this credit, the owner/developer must use the current design criteria to show that the infiltration facility will infiltrate all of the volume of runoff produced from the site during the one hundred (100) year storm.

For purposes of this code, “on-site” includes all land within the boundary of the development. If the development benefits from the City storm water system because the City system provides drainage for any of the lots, tracts, roadways, etc., within the development, it will not qualify for this exemption.

If a development that is granted an exemption under this Section discharges water off-site during a one hundred (100) year storm or less, the development shall be required to make corrections or improvements to the on-site system such that it will infiltrate up to the one hundred (100) year storm. If, in the future, the development can no longer infiltrate one hundred percent (100%) of the on-site storm water runoff from a one hundred (100) year storm, the system development charge shall be due and payable as a condition of the connection to or utilization of the City’s storm water system.

Nothing in this Section shall relieve the property owner(s) from complying with the City’s current flow control and water quality treatment standards at the time the development converts from one hundred percent (100%) infiltration to use of the City storm system. When a development is converted from one hundred percent (100%) infiltration to use of the City storm system, the storm water management standards used shall consider the existing conditions prior to the property being developed under the one hundred percent (100%) infiltration exemption and the developed conditions at the time the conversion is made.

There may be certain areas within the City that partially or completely prohibit the use of infiltration facilities. If a current or future code or standard prohibits or limits the use of infiltration facilities to any level below the one hundred (100) year storm, the development will not qualify for this exemption.

d. Storm Water Exemption for Direct Discharge to Lake Washington: Developments with property directly abutting the Lake Washington shoreline that direct discharges one hundred percent (100%) of the on-site storm water runoff to the lake through their own private storm system located solely on the development property(ies) are exempt from the storm water system development charge. If the development benefits from the City storm water system because the City system provides drainage for any of the lots, tracts, roadways, etc., within the development, it will not qualify for this exemption. Any direct discharge to waters or natural drainage courses other than Lake Washington will not qualify for this exemption. (Ord. 5678, 12-3-2012; Ord. 5984, 10-26-2020)

C. SEGREGATION CRITERIA AND RULES:

Except for parcels being developed for single family use, the ability exists for the segregation of special assessment district, and/or latecomer’s charges (if permitted by the latecomer’s agreement) if there is partial development of a large parcel of property. This segregation shall be based on the following criteria and rules:

1. Segregation by Plat or Short Plat: Charges shall be determined on the basis of the specific platted properties being developed regardless of the parcel size. Unplatted or large-platted parcels may be platted or short-platted prior to development, in which case the special assessment district, and/or latecomer’s charge will be applied to the specific platted lots being developed.

2. Segregation by Administrative Determination: For the partial development of a large tract of property, the owner may apply for a segregation of the special assessment district, and/or latecomer’s charge(s) for the specific portion of the property to be developed. The burden of establishing the segregation by legal description, number of units, and map would be on the party owing the fee and not the City. The following criteria shall determine the segregation of fees:

a. Provisions: This provision shall apply to all developments with the exception of single family residential home developments.

b. Segregation of Fees: The segregation of fees shall be by formal, written agreement, including a legal description approved by the City, which shall be recorded as a restrictive covenant running with the land. The restrictive covenant shall list the percentage of the special assessment district, and/or latecomer’s charge fee that has been paid for the property. The applicant shall also include a detailed plan, drafted to current adopted City standards, of the proposed development, which shall include the proposed boundary line, as described in the legal description, for the special assessment district, and/or latecomer’s charge determination.

c. Segregated Areas: Minimum size of area segregated for determination and payment of special assessment district, and/or latecomer’s charge(s) shall be two (2) acres. The segregated area shall include, but not be limited to, all contiguous existing developed land for which the special assessment district, and/or latecomer’s charge(s) have not been paid; all proposed buildings; driveways and sidewalks; parking areas; grass and landscape areas; public access areas; storm water systems; and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). The boundary line for the segregation of special assessment district, and/or latecomer’s charge shall be established by survey and legal description and shall not be closer than fifteen feet (15’) to any structure.

d. Remnant Parcel: Minimum size of the remnant parcel of undeveloped property for which the special assessment district, and/or latecomer’s charge is deferred shall be two (2) acres. Should the property partially paid for under this Section later develop, then that property shall pay the special assessment district, and/or latecomer’s charge fee in place at the time of development. Should the property partially paid for under this Section later be subdivided, then the partial payment credit shall run with the subdivided lots. The burden of establishing that the partial payment has been made would be on the party owing the fee and not on the City.

e. Determination of Charge: The special assessment district, and/or latecomer’s charge shall be determined on the basis of the percentage of a property that is developed (existing development plus proposed development). When a proposed development takes a parcel over the threshold of full development, as described in this Section, one hundred percent (100%) of the special assessment district, and/or latecomer’s charge(s) is owed and any balance is due and payable.

f. Full Development: For the purpose of this Code, “full development” is considered to be sixty percent (60%) property coverage for multi-family development and eighty percent (80%) property coverage for commercial, industrial, mixed use, and all other development. “Property coverage” is defined as the portion of the property supporting buildings, driveways and sidewalks, parking areas, grass and landscape areas, public access areas, storm water systems, and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA).

g. Developed Area: The “developed area” shall include, but not be limited to, all contiguous existing developed land for which the system development charges have not been paid: all existing and proposed buildings, driveways and sidewalks, parking areas, grass and landscape areas, public access areas, storm water systems, and improvements required for mitigation of environmental impacts.

h. Interpretation: The Administrator of Public Works shall make the final decision on interpretation of the partial payment of system development charges. (Ord. 5450, 3-2-2009)

3. Segregation by Latecomer’s Agreement: If segregation is permitted by the latecomer’s agreement it shall be governed by the terms of the latecomer’s agreement. Subsections C1 and 2 of this Section shall govern segregation insofar as they are not inconsistent with the latecomer’s agreement. (Ord. 4205, 2-20-1989; Ord. 4415, 8-16-1993; Ord. 4444, 3-28-1994; Ord. 4505, 4-10-1995; Ord. 4506, 4-10-1995; Ord. 4508; Ord. 4525; Ord. 4526, 6-12-1995; Amd. Ord. 4872, 11-20-2000; Ord. 4875, 12-4-2000; Ord. 5000, 1-13-2003; Ord. 5040, 11-24-03; Ord. 5153, 9-26-2005; Ord. 5169, 12-5-05; Ord. 5326, 12-10-07; Ord. 5557, 10-18-2010; Ord. 5984, 10-26-2020)