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HomeMy WebLinkAboutORD 5000CITY OF RENTON, WASHINGTON ORDINANCE NO. 5000 Amends ORD Nos. 3205, 3832, 4053, 4266, 4287, 4345, 4346, 4443, 4506, 4526, 4552, 4875, 4890 Amended by: ORD 5013, 5040 5137, 5153, 5169 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-180 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, AND SECTION 4-3-050.P OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND SPECIAL DISTRICTS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY REORGANIZING THE SECTIONS TO MAKE THEM CONSISTENT WITH TITLE IVS FORMAT AND TO BE MORE USER-FRIENDLY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-1-180 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 4-1-180 PUBLIC WORKS FEES: A. LATECOMER'S AGREEMENT APPLICATION FEES: The following fees are associated with the application by a developer for a latecomer's agreement. Procedure ProcoNsiny fee (Nomvfundable) Fee to be due and payable at time of application Latecomer's Agreement - Administration, processing, and collection fee Fee to be collected by deduction from each individual latecomer fee payment and the balance forwarded to the holder of the latecomer's agreement pursuant to RMC 9-5-9, Tender of Fee. I'L'O Anion III >5u() if amount eo\eral b\ latecomer's ib $20,000 or less $1,000 if amount covered by latecomer's is between $20,000 and $100,000 $2,000 if amount covered by latecomer's is greater than $100,000 15% of total amount to be collected if amount covered by latecomer is $20,000 or less; 10% if amount covered by latecomer is between $20,000 and $100,000; 5% if amount covered by latecomer is greater than $100,000; ORDINANCE NO. 5000 Segregation processing fee, if applicable $750 B. PUBLIC WORKS PLAN REVIEW AND INSPECTION FEES: All developers, municipal or quasi-municipal entities, or utility corporations or companies, except those specifically exempted, shall pay fees under this Section. Exempted entities include City-franchised cable TV, cable modem, natural gas, telecommunications, and electrical power. Half of this fee must be paid upon application and the remainder when the permit(s) is issued. There are additional construction permit fees which are also payable upon issuance. The fee will be based upon percentages of the estimated cost of improvements using the following formula: STREET AM) UTILTIY PLAN REVIEW AND INSPECTION FEES F.slimalcd Construction Cost: The applicant must submit separate, itemized cost estimates for each item of improvement subject 10 the approval by the Public Works Plan Review Section fee Amount: $100,000.00 or less Over $100,000.00 but less than $200,000.00 $200,000.00 and over 5% of cost $5,000.00, plus 4% of cost over $100,000.00 $9,000.00, plus 3% of cost $200,000.00 and over ORDINANCE NO. 50 00 C. PUBLIC WORKS CONSTRUCTION PERMIT FEES: The following public works construction permit fees, utility permit fees, and miscellaneous charges are payable at or prior to the time of construction permit issuance. 1. WATER CONSTRUCTION PERMIT FEES: T\ pe of \\ liter Ser\ iee and Repairs Water meter tests for 3:4" lo 2" meter Water meter tests for meters greater than 2" Open and close fire hydrants for fire flow tests conducted by others Installation fees for ring and cover castings Service size reductions Water service disconnection (cut at main) Meter resets Repair of damage to service Water main connections Water main cut and cap Water quality/inspection/purity tests Specialty water tests (lead, copper, etc.) Water turn ons/offs after hours Installation of isolation valve New water line chlorination fee Miscellaneous water installation fees Fee $40.00 Time and materials cost ($60.00 deposit) Time and materials $200.00 $50.00 $250.00 $50.00 $50.00 $400.00 $1,000.00 $40.00 each Cost of test plus $40.00 processing fee $60.00 Time and materials $2,000.00 deposit $250.00 plus $0.15 per lineal foot for any footage after the first two hundred fifty (250) lineal feet. Time and materials ORDINANCE NO. 5000 2. WATER METER INSTALLATION FEES - CITY INSTALLED: The following fees are payable at the time of application for water meter installations). Water Meter Size 3/4" meter installed by City within City limits 3/4" meter installed by City outside City limits 1" meter installed by City 1-1/2" meter installed by City 2" meter installed by City Fee $1,300.00 (full installation of stub service and meter) $240.00 (meter drop in) $1,400.00 (full installation of stub service and meter) $240.00 (meter drop in) $1,400.00 (full installation of stub service and meter) $250.00 (meter drop in) $2,400.00 (full installation of stub service and meter) $300.00 (meter drop in) $2,800.00 (full installation of stub service and meter) $370.00 (drop in) 3. WATER METER PROCESSING FEES - APPLICANT INSTALLED: For meters larger than two inches (2"), applicant provides materials and installs. City charges a two hundred dollar ($200.00) processing fee at the time of meter application. 4. WASTEWATER AND SURFACE WATER CONSTRUCTION PERMIT FEES: T> pe ill" .New Service Wastewater Permit Fee Surface Water Permit Fee jxcsiUeiliiiii Commercial Industrial Repair of any of the above Cut and Cap / Demolition Permit Ground Water Discharge (Temporary connection to sanitary sewer system for one time discharge of contaminated ground water to 50,000 gallons) Ground Water Discharge (Temporary connection to sanitary sewer system for discharge of contaminated ground water over 50,000 gallons) $ou.uu each connection $80.00 each connection $100.00 each connection $50.00 each service $30.00 each service $150.00 $100.00 + Billed for current Renton and King County sewer rate on discharged amount, (meter provided by property owner) $bu.U0 each connection $80.00 each connection $100.00 each connection $50.00 each connection $30.00 each service N/A N/A ORDINANCE NO. 5 000 5. WORK IN RIGHT-OF-WAY -' CONSTRUCTION PERMIT: (Utility and Street/Sidewalk Improvements): A bond as stipulated in RMC 9-10-5, Street Excavation Bond, is also required. Total Frontage Length of Improvement f Permit Fee Amount (sidewalks, curbs, excavations, ininr_0_\emcjitsl -.EjuXDt Franchises Less than 35 feet in length 35 to 100 feet in length Greater than 100 feet in length $30.00 $60.00 $90.00 Exception: No permit fee shall be charged for individual homeowners for work in street rights-of-way for street tree or parking strip irrigation systems. D. FRANCHISE PERMITS: Utilities providing service within the City of Renton (Cable TV, cable modem, natural gas, telecommunications, and electrical) shall do so under approved agreement with the City. Construction by one of these utilities within rights of way, easements, and on public property is subject to a permit. Permit fees are subject to the terms within each individual franchise agreement. If a franchise agreement does not specify the timing of fees, the fee shall be due and payable at or prior to the time of construction permit issuance. If a franchise agreement does not specify the fee amount, the generic fee, as identified in the following table shall be collected. A bond as stipulated in RMC 9-10-5, Street Excavation Bond, is also required. Frontage Length of Replacements and ~f Permit Fee Amount ~~I Improvements and/or Project Scale Small work, including trenching less than sixty (60) linear feet or installation of six (6) or less utility poles $50.00 All other work $50.00 plus $40.00 per hour of inspection ORDINANCE NO. 5000 E. RELEASE OF EASEMENT FEES: The imposition, collection, payment and other specifics concerning this charge are detailed in chapter 9-1 RMC, Easements. Type of Fee Filing fee Processing fee (Paid once Council approves the release) Fee Amount $250.00 payable at time of application $250.00 payable upon Council approval of the release of easement F. RIGHT-OF-WAY USE PERMIT FEES - REVOCABLE PERMITS FOR THE USE OF EXCESS PUBLIC RIGHT-OF-WAY: These fees are payable at the time of application. The imposition, collection, payment and other specifics concerning this charge are detailed in chapter 9-2 RMC, Excess Right-of-Way Use. Tvpe of Use Single family and two-family uses All uses without public benefit Uses with public benefit 1 . , . „ . . :—. Fee Amount $10.00 annually, plus leasehold excise tax2, if applicable 0.5%> per month of property value1 of land to be utilized, plus leasehold excise tax2, if applicable. Payable yearly in advance. 0.5% per year of assessed value of land adjoining the property, plus leasehold excise tax2, if applicable. In no case less than ten dollars ($10.00). Payable yearly in advance. Right-of-way value shall be based on the assessed value of the land adjoining the property as established by the King County Assessor. 2 There is hereby imposed a leasehold excise tax against fees so determined which are two hundred fifty dollars ($250.00) per annum or more. Such tax shall be imposed at the rate as established by the State of Washington, Department of Revenue. Insurance Required: Public liability and property damage insurance is also required pursuant to RMC 9-2-5.B, Minimum Permit Requirements for Excess Right-of-Way Use. ORDINANCE NO. 50 00 Exception for Public Agencies: A no fee permit may be issued only when the applicant is a public agency and when the proposed use of the right-of-way provides a direct service to the public (e.g., METRO applications for right-of-way for bus shelters). G. STREET AND ALLEY VACATION FEES: The imposition, collection, payment and other specifics concerning this charge are detailed in chapter 9-14 RMC, Vacations. I'\ pe of Fee Filing fee Processing and completion fee Fee \monnt $250.00 payable at time of application $250.00 payable upon Council approval of the vacation H. TEMPORARY UTILITY CONNECTION FEES: Temporary ( onneclions Temporary connections to a City utility system may be granted for a one-time, temporary, short-term use of a portion of the property for a period not to exceed three (3) consecutive years Surface \\ ater Fee Annual fee equal to ten percent (10%) of the current system development charge applicable to that portion of the property, but not less than three hundred fifty dollars ($350.00) per year1 Wastewater and Water Fee Annual fee equal to ten percent (10%) of the current system development charge applicable to that portion of the property, but not less than seven hundred fifty dollars ($750.00) per year1 Said fee shall be paid annually (nonprorated), and shall be nonrefundable, nontransferable (from one portion of the property to another) and shall not constitute a credit to the system development charge due at the time of permanent use of the utility system. The application for temporary connection shall consist of a detailed plan and a boundary line of the proposed development service area for use in the fee determination. I. 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 drainage systems, and street improvements including signalization and lighting, shall be subject to one or more of the charges listed in the following subsections. Any fees triggered by improvements or development, as detailed in this section, are due and payable at the first of the following instances: • Prior to the issuance of a Public Works Construction Permit, or ORDINANCE NO. 50 0 0 • Prior to the recording of a single family residential plat or single family residential short plat, or • Prior to the issuance of a building permit. All of the following charges shall be paid into the Waterworks Utility Construction Fund except that any fees collected under a private Latecomer's Agreement shall be passed on to the holder of the agreement with the appropriate fees paid to the general fund. For the purposes of this section the terms property(ies) or parcel(s) shall mean a lot of record as defined in Chapter 11 ofthis Title. 1. Private Held Latecomer's Fees and Special Assessment District (formerly known as City held Latecomer's) Fees: a. Applicability of Private Held Latecomer's Fee: The City has the discretionary power, as detailed in chapter 9-5 RMC, to grant latecomer's agreements to developers and owners for the reimbursement of a pro rata portion of public works facilities (water systems, sanitary sewer systems, storm water drainage systems, and street improvements including signalization and lighting) they install and turn over to the City. b. 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 drainage 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 ORDINANCE NO. 5000 are detailed in chapter 9-16 RMC, Special Assessment Districts. Interest may be charged pursuant to RMC 9-16-6, Payments to City. c. Exemptions for Latecomer's or Special Assessment District Fees: i. 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 RMC 4-1-180.1.3 below. ii. Relief Due to Two (2) Similar Facilities: The Planning/Building/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 Planning/Building/Public Works Administrator will make the decision based on engineering and policy decisions as to which facility(s) 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. iii. 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. ORDINANCE NO. 50 00 iv. Reallocation of Assessment Due to Subdivision of Property: The Planning/Building/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 adjustuig the assessment between the new parcels, based upon value of benefit from the improvements, such that two similar parcels may pay different amounts because one receives more benefit. 2. System Development Charges (SDC) - Water, Wastewater, and Surface Water: The City may hold and charge certain other fees similar to special assessment district charges, which are commonly referred to as "system development charges." a. Applicability of System Development Charge: The system development charge is hereby imposed against properties and, by inference, the owners of said properties which have not been assessed or charged or borne an equitable share of the cost of the City's utility systems. Said property owner(s) shall pay, prior to connection to or benefit from a City utility or utility facility, the system development charge associated with that utility as detailed in the fees table in subsection 4-1-180.1.2.b ofthis section. 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. i. Development of a utility System shall mean: • Development of the Sanitary Sewer System, including but not limited to lift stations, force mains, interceptors and other Sewer collection mains. 10 ORDINANCE NO. 50 0 0 • Development of the Surface Water System, including but not limited to retention / detention or water quality facilities, flood hazard reduction improvements, lift stations, force mains, interceptors, and other surface water collection and conveyance systems. • Development of the Water System, including but not limited to wells, pump stations, reservoirs and transmission mains. ii. The phrase "properties, which have not been assessed or charged or borne an equitable share of the cost of the utility," as used in this Section, shall mean any of the following: • First Time Service Connection or Benefit: Any property which has not paid a system development charge for the property based upon the total square footage of the property and which 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). • Further Subdivision: Any property which has not paid a system development charge for the property based upon the total square footage of the property and is served or benefited by the utility and is subdividing further for single family usage shall receive a credit for the existing single family residence(s). For example, a five (5) acre parcel with an existing single family house is being subdivided for single family lots. If the existing house is connected to the City sewer and water systems, the development would get credit for one single family system development charge for sanitary sewer, storm water, and water. If the existing house was not connected to the City sewer 11 ORDINANCE NO. 500 0 system, the development would get credit for one single family system development charge for storm water and water. A property subdividing further for single family usage that receives a credit for existing single family residence(s) shall not qualify for prorating of the system development charge under subsection 180.1.2.c. • Existing Developments - Water and/or Sanitary Sewer: Property that was developed before the effective date of the first development charge ordinances for water and sanitary sewer in 1974 is exempted from the connection charge(s) for water and sanitary sewer. Any rebuilding, change in use or additions to exempted property that does not require additional water usage such that a fire hydrant, additional meter, or larger meter is necessary will not trigger a new System Development Charge. However, except as provided herein, when property is redeveloped or the use changed or intensified such that larger or additional water meter(s) or the addition of a fire hydrant is necessary, applications) for these items will trigger the system development charge(s). An application for the installation of a meter(s) solely for the purpose of either irrigation or fire protection or the installation of a fire hydrant will trigger a system development charge for water. An application for an additional or a larger water meter(s) for any purpose other than solely for irrigation or fire protection will trigger a system development charge for both water and sewer. 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. If an existing single family residence is being remodeled or rebuilt and remains a single family residence on the same lot (not involved in a new plat, short plat, or lot line adjustment), 12 ORDINANCE NO. 50 0 0 the addition of a larger or additional meter will not trigger the system development charges for water or sewer. The addition of a second meter to an existing duplex in order to divide consumption for billing purposes will not trigger a system development charge. • Existing Developments - Surface Water: Property that was developed before the effective date of the first development charge ordinances for surface (storm) water in 1992 is exempted from the surface water System Development Charge. The addition of any new impervious surface to exempted properties will require payment of the System Development Charge for surface water for the additional new impervious area only. If an exempted property is making a connection for the first time to a surface water system, it will require payment of the System Development Charge for surface water only for the impervious area tributary to the point of connection. Any rebuilding, change in use or additions to exempted property that does not create additional impervious surface area or does not cause a first time connection to be made will not require payment of the System Development Charge for surface water. Exceptions: Improvements to existing single family residential units such as additions that are less than 500 square feet, decks, small sheds and other minor improvements are exempt from the system development charge for surface water unless a new connection to the Renton surface water utility collection system is proposed or required as part of the permit application. 13 ORDINANCE NO. 5000 System Development Charge Table: Tjpcof Land I'sc: Single family residence Mobile/Manufactured Homes located in a mobile home or manufactured home park Multi-family (in all zones except CD and COR zones) Mixed Use (in all zones except CD and COR zones) CD and COR zones All other uses t Water lee Amount: $1,105.00 per dwelling unit $885.00 per dwelling unit $665.00 per dwelling unit, (auxiliary buildings like club houses are considered inclusive to the development and are not counted as a dwelling unit and are thus not included in the calculation of the fee) Mixed use buildings with over 50% floor space used for residential shall be assessed at the rate of $665.00 per dwelling unit $0,154 per gross square foot of property, but not less than $1,105.00 $0,154 per gross square foot of property, but not less than $1,105.00 I Wastewater Fee Amount: $760.00 per dwelling unit $610.00 per dwelling unit $455.00 per dwelling unit, (auxiliary buildings like club houses are considered inclusive to the development and are not counted as a dwelling unit and are thus not included in the calculation of the fee) Mixed use buildings with over 50% floor space used for residential shall be assessed at the rate of $455.00 per dwelling unit $0,106 per gross square foot of property, but not less than $760.00 $0,106 per gross square foot of property, but not less than $760.00 Surface Water Fee Amount: $525.00 per dwelling unit $525.00 per dwelling unit $0,183 per square foot of new impervious surfacing, but not less than $525.00 $0,183 per square foot of new impervious surface, but not less than $525.00 $0,183 per square foot of new impervious, but not less than $525.00 $0,183 per square foot of new impervious surface, but not less than $525.00 c. Prorating the System Development Charge for Redevelopment of Property: An option exists for prorating the system development charge(s) for property which 14 ORDINANCE NO. 50 0 0 has not previously paid a charge in full. Any parcel that currently has water or sanitary sewer service is eligible for a prorated system development charge for the associated utility, i. Prorating based upon meter sizes: The prorated system development charge will be based upon the capacity of the new meters as compared to the capacity of the existing meters. Meters installed solely for fire protection, either existing or proposed are not included in the calculation for water or sanitary sewer. If there is an additional or larger meter solely for fire flow or additional hydrants required for the proposed development, please refer also to sub- section d.ii, below. Meters installed solely for irrigation (either existing or proposed) are not included in the calculation for sanitary sewer. This prorated redevelopment charge is calculated using the following formula: [Proposed meter(s) capacity in gallons per minute (GPM) - Existing meter(s) capacity in GPM] / Proposed meter(s) capacity in GPM] x [SDC Fee] = Amount owed. The City will determine the safe maximum operating capacities of all meter sizes using American Water Works Association tables (see below). The fee paid shall be posted in the City's database and applied to the total system development charge applicable for the parcel. Reduction in meter capacity shall not result in a payment from the City to the applicant. 15 ORDINANCE NO. 5000 WATER METER EQUIVALENCIES for purposes of calculating redevelopment credit: Meter Size in Inches 5/8 5/8 x% y4 1 1-1/2 2 3 4 6 8 10 12 20 Sate Maximum Operating Caoacitv KIP.Vn 20 20 30 50 100 160 300 500 1000 1600 2300 3375 8250 ii. Prorating the System Development Charge for Fire Protection Improvements associated with redevelopment of property: Installation of a water meter solely for a fire protection system, such as a new hydrant or fire sprinkler system shall be charged a fee equal to thirty percent (30%) of the system development charge applicable to the portion of the parcel containing the improvements for which the fire protection system is constructed to serve. Thirty percent (30%) is the amount the water utility has expended throughout its system for fire flow protection. This fee shall be posted to the City's database and applied as a partial payment to the total system development charge applicable for the parcel. For the purposes ofthis section, 'portion of the parcel containing the improvements for which the fire protection system is constructed to serve' shall be described as: The smaller area of either the total square footage of the property or the square footage of the property designated by a line drawn twenty (20) feet around the footprint of the building being served by the meter installed for fire protection. 16 ORDINANCE NO. 5000 The smaller area of either the total square footage of the property or the square footage of the property designated by a line drawn twenty (20) feet around the footprint of the building(s) which by their construction, reconstruction or improvement triggered the need for the new fire hydrant(s). 'Footprint' shall include the primary building plus ancillary structures such as garages, carports, sheds, etc. that are considered by the Fire Department when calculating fire flow requirements. Inthe case of multiple improvements, overlapping areas shall only be counted once. If the 'portion of the parcel containing the improvements for which the fire protection system is constructed to serve' is eighty percent (80%) of the parcel or more, then the thirty percent (30%) shall be calculated on the total square footage of the property. If a project both increases water meter capacity and installs a fire protection system, the total of both prorated system development fees (subsections i and ii) would be charged. Payment of said fees would be posted in the City's database and applied to the total system development charge applicable for the parcel. In no case shall the total of the prorated system development charge(s) be more than the total system development charge applicable for the parcel. Installation of a water meter solely for a fire protection system shall not trigger a sewer system development fee. iii. Prorating the System Development Charge for installation of an Irrigation Meter only: When a water meter is installed solely for the purpose of providing irrigation water for private landscaping (exempt meter), there will be charged a fee equal to ten percent (10%) of the water system development charge applicable to the property. Said fee shall be nonrefundable, nontransferable (from one portion of the property to another. Payment of said fee would be posted in the City's database and applied to the total system development charge applicable for 17 ORDINANCE NO. 5000 the parcel. At the applicant's option, the full water system development charge may be paid instead of the ten percent (10%) payment described herein, iv. Examples: Example 1: A redevelopment project that involves a change from a single family home on a ten thousand (10,000) square foot lot with a five-eighths inch by three-quarter inch meter (5/8" x 3/4", a standard single family meter) that has a safe operating capacity of twenty (20) gallons per minute (GPM), to a commercial usage with a one and one-half inch (1-1/2") meter with a safe operating capacity of one hundred (100) GPM can apply to pay for the following prorated charges: (100 GPM - 20 GPM) / (100 GPM) = 0.8 For water: 0.8 x (10,000 sq. ft. x $0.154/sq. ft.) = $1,231.00 For sewer: 0.8 x (10,000 sq. ft. x $0.106/sq. ft.) = $848.00 Without the redevelopment credit, this project would have paid $0.106/sq. ft. x 10,000 sq. ft. = $1,060.00 for Sewer and paid $0.154/sq. ft. x 10,000 sq. ft. = $1,540.00 for water. Example 2: A property owner is planning to redevelop a half acre parcel that includes a single family home with a five-eighths inch by three-quarter inch meter (5/8" x 3/4", a standard single family meter) that has a safe operating capacity of twenty (20) GPM. The new development will be an eight (8) unit multi-family dwelling with a two inch (2") meter with a safe operating capacity of one hundred sixty (160) GPM, a three-quarter inch (3/4") irrigation meter with a safe operating capacity of thirty (30) GPM, and a four inch (4") meter for fire sprinklers. The property owner can apply to pay the following prorated charges: For water: based on meters (160 GPM + 30 GPM - 20 GPM) / (160 GPM + 30 GPM) = 89.5% 18 ORDINANCE NO. 5000 based on fire service = 30% Total =119.5% Therefore, 100% of the water system development charge would be due. (8 units x $665.00 / unit = $5,320.00 For sewer: based on meters - irrigation meter excluded (160 GPM - 20 GPM) / (160 GPM)= 87.5% Therefore, 87.5% of the sewer system development charge would be due. 87.5% x (8 units x $445.00 / unit = $3,115.00 Without the redevelopment credit, this project would have paid $445.00 / unit x 8 units = $3,560.00. d. Exemptions to System Development Charge: i. 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. ii. 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. iii. Limited Exemptions for Municipal Corporations: A limited exemption to the system development charge will be granted to municipal corporations for portions of property subject to the system development charge to the extent that those specific areas are available and maintained at all times for public use (e.g., ballfields adjacent to a school 19 ORDINANCE NO. 50 00 building) and shall be segregated from the fee determination as herein provided. In applying this exemption to the extent possible, a single straight line shall be drawn across the property separating the exempt property from the property to be charged. If a single straight line would not achieve substantial equity, then additional lines may be drawn to include substantial open space areas in the exemption. For purposes ofthis exemption, substantial open space areas shall be at least one hundred thousand (100,000) square feet in area. Lines shall not be drawn closer than fifteen feet (15') to any structure. • Nonexempt Areas: Parking lots, driveways, walkways, similar areas and required landscape areas shall not be part of the exempt area. • Administrative Fees: The applicant shall pay the City's administrative costs for the preparation, processing and recording the segregated fee. At the time of application for system development charge segregation the applicant shall pay the administrative fee of seven hundred fifty dollars ($750.00). • Restrictive Covenants: The exemption must be memorialized by means of a restrictive covenant running with the land. Should the property exempted under this Section later develop, then that property shall pay the system development charge in place at the time of development. • Interpretation of Partial Payment: The Administrator of the Planning/Building/Public Works Department shall make the final decision on the interpretation ofthis limited exemption and the achievement of substantial equity. iv. Exemption for Undeveloped Critical Area(s) and Undeveloped Major Easement(s): When calculating the area to be charged the system development charge, undeveloped critical areas (per RMC 4-11-030) and undeveloped major easements within the 20 ORDINANCE NO. 5 0 00 property shall not be included in the square footage for the calculation of the charge. It is the responsibility of the property owner or applicant to submit a study determining and classifying the critical area. The property owner or applicant shall submit a legal description of any easement(s) or critical area(s) so that these portions of the property can be exempted from the development charge(s). The intent ofthis exemption is to not charge property that is undevelopable. If the property is used or can be used to satisfy any condition of the development such as parking or landscaping, it shall be considered developed and does not meet the qualifications ofthis exemption. v. Exemption Credit for Regional Improvements: If an applicant's project proposes to solve a regional drainage problem, over and above the requirements to mitigate their project's impacts, the value of the additional improvement shall be credited toward the surface water system development charges due. The applicant must provide the Administrator of the Department of Planning/Building/Public Works with the costs of the drainage improvements and a suggested method of calculating the costs due to the extra work done to solve a regional drainage problem. The Administrator will make the final decision on the amount of the credit. In no instance shall the credit duplicate a latecomer's agreement such that the applicant will be paid twice, nor may the credit against the connection charge exceed the connection charge (i.e., no payment to the applicant under this Section). vi. Surface Water Exemption for Infiltration Facility: Developments which 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 surface water system development charge. For the application ofthis credit, the owner/developer must use the current 21 ORDINANCE NO. 5000 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. If a development that is granted an exemption under this section discharges water offsite during a hundred year storm or less, the development shall be required to make corrections or improvements to the onsite system such that it will infiltrate up to the hundred 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 systems 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. 3. Segregation Criteria and Rules: Except for parcels being developed for single family use, the ability exists for the segregation of system development, special assessment district, and latecomer's charges in the 22 ORDINANCE NO. 5000 partial development of a large parcel of property. This segregation shall be based on the following criteria and rules: a. 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 system development charge will be applied to the specific platted lots being developed. b. Segregation by Administrative Determination: For the partial development of a large tract of property the owner may apply for a segregation of the system development, special assessment district, and 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: i. Provisions: This provision shall apply to all developments with the exception of single family residential and mobile home developments. When a parcel is segregated by administrative determination, prorating of the system development charge for redevelopment shall not be allowed. ii. 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 system development 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 system development charge determination. 23 ORDINANCE NO. 5000 iii. Segregated Areas: Minimum size of area segregated for determination and payment of system development 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 system development charge(s) have not been paid; all proposed buildings; driveways and sidewalks; parking areas; grass and landscape areas; public access areas; storm drainage facilities and detention ponds; and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). The boundary line for the segregation of system development charge shall be established by survey and legal description and shall not be closer than fifteen feet (15') to any structure. iv. Remnant Parcel: Minimum size of the remnant parcel of undeveloped property for which the system development 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 system development 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. v. Determination of Charge: The system development 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 systems development charge(s) is owed and any balance is due and payable. vi. Full Development: For the purpose ofthis Code, "full development" is considered to be sixty percent (60%) property coverage for multi-family 24 ORDINANCE NO. snnn 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 drainage facilities and detention ponds, and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). vii. 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 drainage facilities and detention ponds, and improvements required for mitigation of environmental impacts. viii. Administrative Fees: The applicant shall pay the City's administrative costs for the preparation, processing and recording of the partial payment of the fee(s). At the time of application for system development charge partial payment the applicant shall pay the administrative fee of seven hundred fifty dollars ($750.00) for each segregation. If the same segregation is used for more than one utility's system development charge, than only one administrative fee is collected. ix. Interpretation: The Administrator of the Planning/Building/Public Works Department shall make the final decision on interpretation of the partial payment of system development charges. SECTION II. Section 4-3-050.P of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: P. (Reserved) 25 ORDINANCE NO. 50 00 SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this 13th day of January , 200 3. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 13th day of January __, 2 0 0 3 , Je^ Tanner, Mayor Approved as to form: /I Lawrence J. Warren, City Attorney Date of Publication: 1/17/2003 (summary) ORD. 1004:8/16/02:ma. 26