HomeMy WebLinkAboutORD 4355Amends ORO HIS 4065.4304
Amended by ORO 4436. 4505.4506
Amended by ORD 4723 (delete 8-2-7 A-C &
move to Title IV)
CITY OF RENTON,WASHINGTON
SUMMARY OF ORDINANCE NO.4355
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING
SUBSECTION 8-2-3.E AND ADDING SECTION 8-2-7 TO CHAPTER 2,
STORM AND SURFACE WATER DRAINAGE,OF TITLE VIII (HEALTH
AND SANITATION)OF ORDINANCE NO.4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON"
RELATING TO INCREASING SURFACE WATER UTILITY FEES AND
IMPLEMENTING A SURFACE WATER SPECIAL UTILITY CONNECTION
CHARGE.
SECTION 1.Title VIII (Health and Sanitation)of Ordinance
No.4260 entitled "Code of General Ordinances of the City of
Renton,Washington"is amended by amending portions of Chapter 2,
Storm and Surface Water Drainage,and adding a section creating a
special utility connection charge.The existing monthly charges
for surface water utility have been changed by increasing those
charges.
The section creating a special utility connection charge for
the surface water utility imposes that charge,establishes
"
conditions for payment inclUding payment over time with interest,
creates a limited exemption for municipal corporations,creates a
method of segregating lands for payment of that charge,and
provides a credit toward the connection charges due for an
applicant's installation of regional drainage improvements that
solve a problem above the requirement to mitigate that applicant's
impacts.
),
SECTION II.A full text of this ordinance will be mailed
without charge upon request to the City Clerk.
Date of Publication:June 19,1992
ORD.242:5j28j92:as.
Amends ORD H's 4065,4304
Amended by ORO 4436.4505.4506
Amended~·Jiy ORD 41'23 (delete
8~2-7 A-C &move to Title IV)
CITY OF RENTON,WASHINGTON
ORDINANCE NO.4355
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING
SUBSECTION 8-2-3.E AND ADDING SECTION 8-2-7 TO CHAPTER 2,
STORM AND SURFACE WATER DRAINAGE,OF TITLE VIII (HEALTH
AND SANITATION)OF ORDINANCE NO.4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON"
RELATING TO INCREASING SURFACE WATER UTILITY FEES AND
IMPLEMENTING A SURFACE WATER SPECIAL UTILITY CONNECTION
CHARGE.
THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO ORDAIN
AS FOLLOWS:
SECTION I.Subsection 8-2-3.E of Chapter 2,Storm and
Surface Water Drainage,of Title VIII (Health and Sanitation)of
Ordinance No.4260 entitled "Code of General Ordinances of the City
of -Renton,Washington"is hereby amended as follows:
8-2-3.E:Charges for Surface Water Utility:The following
schedule is hereby adopted as the monthly charges to be paid to the
City for surface water utility services:
l.Single-family dwelling $5.00 per unit
2.Low intensity 24.78 per acre
3.Medium intensity 35.84 per acre
4.High intensity 46.22 per acre
5.Gravel pits 49.84 per acre
6.City streets 24.88 per acre.
Senior and/or disabled citizens who quality under section 8-4-
31.B for special rates are eligible to a one dollar ($1.00)per
month surface water utility fee.
These rates shall become effective with billings computed on
or after July 1,1992.
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ORDINANCE NO..4355
SECTION lIe Chapter 2,Storm and Surface Water Drainage,of
Title VIII (Health and Sanitation)of Ordinance No.4260 entitled
"Code of General Ordinances of the City of RentoD,Washington"is
hereby amended by adding the following section:
8-2-7:SURFACE WATER SPECIAL UTILITY CONNECTION CHARGE:
A.The charges imposed by this Chapter shall be paid into
the Surface Water Utility Construction Fund.
The charge shall be paid in cash whenever such connection
is requested,or application may be made by such property owner to
provide for the payment thereof by an installment contract if the
amount is in excess of five hundred dollars ($500.00),with
interest at the rate of ten percent (10%)per annum,computed
annually on unpaid balances,which contract shall provide for a
.minimum down payment of not less than ten percent (10%)of such
total connection charges hereinabove set forth payable upon
execution of such contract,and the balance thereof to be paid in
not more than twenty (20)quarterly installments payable on each
January 1,April 1,July 1,and October 1.Such installment
contracts shall provide that any unpaid balance may be paid in full
in any year at the time the first quarterly payment of such year is
due and payable,shall describe the property served by the water,
and shall be duly acknowledged by the property owner and be
recorded by the Administrator of the Planning/Building/Public Works
Department in the office of the County Auditor at the expense of
such property owner.Delinquent payments under such installment
contracts shall be a lien upon the described property as provided
for in RCW 35.67.200,and enforceable in accordance with RCW
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.,
ORDINANCE NO.4355
35.67.220 through 35.67.280.As an additional and concurrent
method of enforcing such lien,the water service to such property
may be disconnected in accordance with RCW 35.67.290 and this Code
until such time as all delinquent payments have been paid in full.
Upon full payment of such installment contract,the Administrator
of the Planning/Building/public Works Department,on behalf of the
City of Renton,shall execute and deliver unto the property owner a
release of such lien,which shall be recorded,at the expense of
the property owner,with the King County Auditor's office.All
installment payments so made shall be applied first to interest
accrued to date,and the balance to principal.
B.There is hereby imposed upon,and the owners of
properties which have not been assessed or charged or borne an
equitable .share of the cost of the City's surface water collection
system and surface water facilities shall pay,prior to connection
to a City surface water collection system,one or more of four (4)
special connection charges,herein defined,in an amount to be
computed under the following subsections of this section.
1.Latecomer Fees.The imposition,collection,
payment,and other specifics concerning this charge are dealt with
elsewhere in this Code.
2.Special Assessment Charge.The special assessment
charge is a charge for the historical costs for the surface water
facilities,which shall include the surface water collection system
that lies adjacent to or near properties that would benefit
directly therefrom that were not installed by L.I.D.' s or by a
private developer under a latecomer agreement.
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ORDINANCE NO.4355
a.The number of units of property frontage to be
served by the surface water collection system,determined in the
manner prescribed in RCW 35.44.030,.040,and .047 for determining
"assessable units of frontage,"shall be multiplied by the actual
local improvement assessment per unit of frontage for such facility
in the City of Renton for the year in which the surface water
collection system to which the property is to be connected was
constructed and accepted as completed.
b.In addition to the aforestated cost of
"assessment"there shall be a charge of ten percent (10%)per annum
added to such cost,but in no case shall such added interest charge
be in excess of one hundred percent (100%)of the original
asses·sment cost.Interest charges should be simple interest and
not compound interest.
c.Such special assessment charge for property
abutting on a street in which a surface water collection facility
can be constructed or extended to serve such property,but can be
connected without actual construction nor extension,shall be
computed as if the surface water collection facility was so
constructed or extended;and the special connection charge for
property located back from the margin of the street in which the
surface water collection facility exists and outside of the
assessment district created therefor shall be made giving
consideration to the distance of said property from the street
margin;provided,however,that in cases where application of the
foregoing formula to a particular parcel of property results in a
charge,which because of unusual conditions,or conditions peculiar
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ORDINANCE NO.4355
to said property only,is in excess of charges to similar
properties,the Administrator of the Planning/Building/Public Works
Department is authorized to reduce the special connection charge to
such an amount charged to properties similarly situated.
3.Special Utility Connection Charge.The special
utility connection charge,which shall be assessed against any
property that has not participated in the development of the
surface water collection system,shall be assessed at the rate of:
a.Four hundred forty dollars ($440.00)per
single-family residence and mobile home dwelling.
b.For all other properties except City
properties,$0.146 per square foot of new impervious area of
..pr,operty·.proposed by the permi.t.application,but not less than four
hundred forty .dollars ($440.00).
c.Fees are incurred upon the granting by the City
of a building permit,but are payable at the time construction
permits are issued for connection to or extension of the public
surface water collection system;or in the absence of the
requirement of a public works permit,then at the time of granting
the building permit.
d.Fees are due immediately,notwithstanding the
prior subsection B.2.c.above,the party owing the fee sells to a
third party,unless the third party agrees to pay the charge,in
writing,with the amount owing to the City set forth in that
writing,and further the City agrees that the third party shall be
responsible for that fee after determining that such an agreement
would be in the City's best interest.The burden of establishing
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ORDINANCE NO.4355
that the agreement would be in the City's best interest would be on
the party owing the fee and not on the City.
e.When the phrase "property which has not
participated in development of the system"is used in the section,
it shall mean any of the following:
(1)Any property which has not paid a special
utility connection charge for the property based upon the square
footage of new impervious surface of the property and which is
connecting to Renton's surface water collection system for the
first time (including but not limited to new construction).
(2)Any property which has not paid a special
utility connection charge for the property based upon the square
footage of new impervious surface of property that is to be served
by the utility and is developing or subdividing further.For
example,one single-family residence of a five (5)acre tract which
has paid four hundred forty dollars ($440.00)under this section to
connect to a surface water collection system will have paid only
for one,seven thousand five hundred (7,500)square foot lot at a
rate of fourteen point six cents ($0.146)per square foot of
impervious area.Additional charges would be applied to any
additional development on the property at the time of development.
(3)Any property for which 100 percent of the
surface water runoff quantity control requirements can be met by
infiltration systems,as allowed by code,will be exempted from the
surface water connection charge.
(4)Property
effective date of this ordinance
that was developed before the
is exempted from the connection
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ORDINANCE NO.4355
charge.Any rebuilding,change in use or additions to exempted
property that does not require additional surface water runoff
capacity will not trigger a new connection charge.However,when
property is redeveloped or the use changed or intensified such that
a larger surface water drainage capacity is necessary,then any
application for rebuilding will trigger a utility connection
charge.Surface water drainage capacity is defined as computed
maximum peak rate runoff from the site prior to entering public or
private storm water facilities.Improvements to existing single-
family residential units such as additions,decks,small sheds and
other minor improvements are exempt from the special utility
connection charge unless a new connection to the Renton surface
water utility collection system is proposed or required as part of
the permit application.
f.Temporary connections to the City's surface
water collection 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.Permission for temporary
connection may be granted upon payment of an annual fee equal to
ten percent (10%)of the current special utility connection charge
applicable to that portion of the property,but not less than three
hundred fifty dollars ($350.00)per year.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 special utility connection 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
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ORDINANCE NO.4355
boundary line of the proposed development service area for use in
the fee determination.
g.No special utility connection charge will be
collected on City-owned properties.The benefits to the utility
from the use of other City properties such as utility easements,
wells,and other benefits,offset the amount of the utility
connection charge fee.
h.A limited exemption to the special utility
connection charge will be granted to municipal corporations for
portions of property subject to the special utility connection
charge to the extent that those specific areas available and
maintained at all times for public use (e.g.,ballfields adjacent
to a school building)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 of this 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.
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
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ORDINANCE NO.4355
recording the segregated fee.At the time of application for SUCc
fee segregation the applicant shall pay the administrative fee of
seven hundred fifty dollars ($750.00).
The exemption must be memorialized by means of
a restrictive covenant running with the land.Should the property
exempted under this section later be developed or sold,then that
property shall pay the special utility connection charge fee in
place at the time of development or property sale.
The Administrator of the Planning/Building/Public Works
Department shall make the final decision on the interpretation of
this limited exemption and the achievement of substantial equity.
i.When calculating the area to be charged the
connection charge,undeveloped greenbelt and major easements within
the property shall not be included in the square footage for the
calculation of the charge.When determining whether property is
undeveloped greenbelts or major easements,the inquiry should be to
recorded easements,dedications,or restrictions on the
Comprehensive Plan or zoning Maps or City policies that would
prevent development of significant usages.This exemption is
intended not to charge property that is undevelopable.
j.The ability exists for the segregation of the
special utility connection charge in the 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:The
special utility connection charge shall be determined on the basis
of the specific platted properties being developed regardless of
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ORDINANCE NO.4355
the parcel size.Unplatted or large platted parcels may be platted
or short-platted prior to development,in which case the special
utility connection charge fee will be applied to the specific lots
being undeveloped.
(2)Segregation by Administrative
Determination:For the partial development of a large tract of
property the owner may apply for a segregation of the surface water
special utility connection charge fee for the specific portion of
the property to be developed.The application shall consist of a
detailed plan,drafted to current adopted City standards,of the
proposed development,which shall include a proposed boundary line
for the special utility connection charge fee determination.The
boundary line shall be defined by an acceptable legal description.
The following criteria shall determine the segregation of fees:
(i)Minimum size of area segregated for
determination and payment of special utility connection charge fees
shall be five (5)acres.
(ii)Minimum size of the remnant parcel of
undeveloped property for which the special utility connection
charge fee is deferred shall be five (5)acres.
(iii)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 special utility connection charge fee
segregation the applicant shall pay the administrative fee of seven
hundred fifty doiiars ($750.00).
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ORDINANCE NO.4355
property exempted under
property shall pay the
in place at the time of
the
that
(iv)The segregation of fees shall be by
formal,written agreement which shall be recorded as a restrictive
covenant running with the land.
Should
this section later develop,then
special utility connection charge fee
development.
(v)The segregated area shall include,
but not be limited to,all contiguous existing developed land for
which the special utility connection charge fees 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).
(vi)The boundary line for the segregation
of special utility connection charge fees shall be established by
survey and legal description and shall not be closer than fifteen
feet (15')to any structure.
(vii)The Administrator of the
Planning/Building/Public Works Department shall make the final
decision on interpretation of the segregation of special utility
connection charges.
k.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
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ORDINANCE NO.4355
connection 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'6 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).
1.Any party extending utilities that may serve
other than that party's property may request a latecomer's
agreement from the City.Any party required to oversize utilities
may request that utility participate in the cost of the project.
m.Inspection and Approval Fees:In addition to
other permits and fees,there will be an inspection/approval fee
for on-site and off-site replacement and improvements which shall
be identical to that specified in Chapter 10,Title IX,and any
subsequent amendments thereto.
C.If any such property for which a special connection
charge has been paid thereafter is included in a local improvement
district for the construction of a surface water collection system
of the same or similar nature,then the principal amount so paid
shall be credited to the assessment against such property and such
amount shall be paid from the Surface Water Utility Construction
Fund into such Local Improvement District Fund.
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SECTION III.
ORDINANCE NO.4355
The rates established for section 8-2-3.E shall
remain unchanged for a period of not less than two years from date
of adoption of this ordinance.
SECTION IV.This Ordinance shall be effective upon its
passage,approval,and five (5)days after its publication.
PASSED BY THE CITY COUNCIL this 15th day of _..::.J-=u::.n~e=---__,19 9 2 .
APPROVED BY THE MAYOR this
Lawrence J.Warren,City Attorney
_..:::....::::.:.:.;:'---,1992.
Date of Publication:June 19,1992
ORD.232:6/12/92:as.
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