Loading...
HomeMy WebLinkAboutORD 4415', Amended by ORD 4723, trsf.sect to Title IV �ends ORD ��: 4205, 4321 Amended By ORD ��4507, 4508 CITY OF RENTON, WASHINGTON ��4525, 4526 ORDINANCE N0. 4 4 5 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 8-4-41.A AND 8-4-41.B.3, OF CHAPTER 4, WATER, , AND SUBSECTIONS 8-5-17 .A AND 8-5-17 .B.3 OF CIiAPTER 5, SEWERS, OF TITLE VIII (HEALTH AND SANITATION) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO SPECIAL UTILITY CONNECTION CHARGE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN � AS FOLLOWS: SECTION I. Subections 8-4-41 .A and 8-4-41 .B. 3 of Chapter 4, Water, of Title VIII (Health and Sanitation) , of Ordinance No. 4260 entitled "Code of General Ordinance of the City of Renton, Washington" are hereby amended to read as follows : 8-4-41.A: The charges imposed by this Chapter shall be paid into the Waterworks Utility Construction Fund. ; ' The_charge.shalLbe paid in cash whenever such connection is requested. �" " 4 r. . _. 8—`4-4.1':B.3: _Special Utility_Connection_Charge. The.special utility connection charge which ' � sliall.be_assessed:against any property�,that��has-not participated in the development-of the water system, which � system shall include the wells, pump stations, reservoirs, and transmission mains shall be assessed at the rate of: a. Nine hundred forty dollars ($940.00)per single-family resiclence and mobile home dwelling. b. For all other properties except City properties, twelve point six cents ($0.126) per square foot of property corinected but not less than nine hundred forty dollars ($940.00). c. Fees are incuned upon the granting by the City of a building permit or a construction permit � but are payable at the time construction permits are issued for connection to or extension of the ; public water main; or in the absence of the requirement for a Public Works Pernut, then at the I time of granting the building permit. All other water service applicants shall pay at the time the � water meter application is issued. d. Fees are due immediately, notwithstanding the prior subsection B2d 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 that the agreement would be in the City's best interest would be on the party owing the fee and not on the City. ,I ORDINANCE NO. 4415 e. When the phrase "property which has not participafed in development of the system" is used in I� this section, it shall mean any of the following: i. Any property which has not paid a special utility connection charge for the property based on the square footage of the property and which is connecting to Renton's water i system for the first time (including but not limited to new construction, or conversion from a private well). ii. Any property which has not paid a special utility connection charge for the property , based upon tlie square footage of the 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 nine hundred forty dollars ($940.00) under this section to connect to a water system will have paid only for one, seven thousand five hundred (7,500) square foot lot at a rate of twelve point six cents ($0.126). Additional charges would be applied to any additional development on the property at the time of development. iii. Property that was developed before the effective da#e of the first connection charge ordinance in 1974 is exempted from the connection charge. Any rebuilding, change in use or additions to exempted property that does not require additional water usage such that a fire hydrant, larger meter, or irrigation meter is necessary, will not.trigger a new connection_charge. However, when property is redeveloped or the use changed or �: .�,�� , -intensified such that a larger water meter ar additional water meters or a fire hydrant are�. - , r necessary, or when no�water meter_was obtained before, such.as property on a well, then . any application far the initial water�meter or a larger water meter or installation of a fire `�'°^�':�5° � '���hydrant will trigger.a utility connection charge. � �����`�''�� ,% .'1. . 'x4`^x.. . �'� .Eor the purposes of this policy,:such property when applying for an initial�or:larger water- , • meter or installing a fire h5�drant or irrigation meter shall be property that has not been previously assessed. £ Temporary connections to the City's water 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 (10) percent of the Current Special Utility Connection Charge applicable to that portion of the property, but not less than $750.00 per year. Said fee shall be paid annually (non-prorated), and shall be non-refundable, non-transferable (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 boundary line of the proposed development service area for use in the fee deternunation. 2 ORDINANCE NO. 4415 � g. Insta.11ation of a water meter solely for the purpose of providing irrigation water to City right- of-way is exempted from the connection charge. Installation of a water meter dedicated solely for the purpose of providing irrigation water for private landscaping (exempt meter) will be charged a fee equal to 10% of the water Special Utility Connection Charge applicable to the property. Said fee shall be non-refundable, non-transferable (from one portion of the property to another) and shall not constitute a credit to the Special Utility Connection Charge due at the � time the fee may be assessed against the property by another use of the utility system. At the ' applicant's option, the full water Special Utility Connection Charge may be paid instead of the ten(10)percent payment described herein. h. 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. � � i. 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 fortn 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 �:'_��.� opem space areas shall be at least 100,000 square feet in area. ..Lines shall not be drawn closer: �y`"��` ` than_fifteen(15)to any structure. "�""����` '' � .. . , ,���`:. � -YParkin�;lc�ts;.driveways;walkways;similar.areas and required.landscape areas shall not�be part. � �•_:::�F:. .�f the e�empt area. � , ' Adrninistrative Fees: 'I7ie applicant shall pay the City's administrative costs for the preparation;� i processing and recording the segregated fee. At the time of application for SUCC fee ' segregation the applicant shall pay the administrative fee of$750. 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 coririection charge fee in place at the time of development or properly 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. j. 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. 3 � ORDINANCE NO. 4415 k. The ability exists for the segregation of tlie special utility connection charge in the partial I development of a large parcel of property. This segregation shall be based on the following criteria and rules: i. Se�re�ation by Plat or Short Plat: T'he Special Utility Connection Charge 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 i development, in which case the special utility connection charge fee will be applied to the specific lots being developed. ; 1. The ability e�sts for the partial payment of the Special Utility Connection Charge based upon percentage of the property developed. The owner may apply for partial payment of the fee on a percentage-based pro-rated basis proportional to the percenta,ge of the parcel which will 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, and a statement of the total area of the property and the area of the developed portion in square feet. The following criteria shall determine the partial payment of fees: ' i. This provision shall apply to all developments with the exception of single fanuly . residential and mobile home developments. . � ' A �:,ii._ ..;�'�'he.Special Ufilit�c•Connection Charge shall be:deternuned on the basis.of the percentage ,_�; ; ;�r, of.a property that is developed.(existing development plus proposed development). _ � t� . =;iii. .�<For�the purpose of_this code, full..development is considered to be. si�cty (60) percent� ;� � } property coverage .for multi-family-,development :and eighty. {80) percent:�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-�- ' side�valks, 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).. • � ' i�. The.. "developed. area"- shall include, but not be limited to;,.all .contiguous e�sting-.=.=.� developed land for which the Special Utility Connection Charge fees 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 under the State ' Environmental Policy Act{SEPA). v. Deternunation of partial payment shall be performed by dividing the "developed area" by eighty percent (sixty percent for multi-family development) of the total area of the property, and multiplying this number by the Special Utility Connection Charge fee assessment for the entire property. vi. The partial payment of fees shall be by formal, written agreement which shall be recorded as a restrictive covenant running with the land. The restrictive covenant shall list the percentage of the Special Utility Connection Charge fee that has been paid for the property. The percentage of the Special Utility Connection Charge fee that has been paid 4 °° ORDINANCE NO. 4415 for the property shall be defined by dividing the "developed area" by eighty percent(si�y 'I percent for multi-family development) of the total area of the property, and multiplying this number by one hundred(100)percent. Should the property partially paid for under this section later develop, then that property shall pay the Special Utility Connection 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 I City. vii. Administrative fees: The applicant shall pay the City's administrative costs for the preparation, processing and recording of the partial payment of the fee. At the time of application for Special Utility Connection Charge fee partial paytnent the applicant shall ; pay the Administrative fee of$750. viii. The Administrator of the Planning/Building/Public Works Department shall make the final decision on interpretation of the partial payment of Special Utility Connection Charges. __ .,� ,y__. m. , .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�articipate in�the cost of.the project. � ��� .. . 4: �--�Inspection�and�Approval Eees. .In-..additionto other.permits and fees,.there will be.an inspection/approval _� -��.feL�for on-site and of�-sit;;:replacement and improvements-which shall be identical to that specified in_ - �.` j .. .Chapter 10, Title IX, and any subsequent amendments.thereto. • . .. _ ,. - SEC�I�OAT. •II� Subectians 8-5-17 .A and 8.-5-17 .B. 3. of Chapter 5, Sewer_s�;a o�f. Title VIIL (Health and. Sanitation.) , of. Or.dinance No. 4260 enti:tl:ed��-."Code: of.- Gen.eral_ Ordinance� of.. the City of Renton., _ Washin�gtori° is•. her.eby amended �to �read..as fol�lows : 8-5-17 .A: The special connection charge imposed shall be paid into the Waterworks Utility Construction Fund. ' � � The charge shall be paid in cash whenever such connection is requested. 8-5-17 .B.3: Special Utility Connection Charge. The special utility connection charge which shall be assessed against any property which has not participated in the development of the sewer system, which system shall include lift stations, force mains, interceptors and other collection mains, shall be assessed at the rate of: a. Four hundred seventy dollars ($470.00)per single-family residence and mobile home dwelling. b. For all other properties except City properties, six point three cents ($0.063) per square foot of property connected but not less than four hundred seventy dollars ($470.00}. 5 ORDINANCE NO. 4415 � c. Fees are incurred upon the granting by the City of a building permit or a construction permit but are payable at the time construction permits are issued for connection to or extension of the public sewer; or in the absence of the requirement for a Public Works Permit, then at the time of granting the building permit. All other sanitary sewer service applicants shall pay these fees at the time of building sewer application. d. Fees are due immediately, notwithstanding the prior subsection, if the party owing the fee sells to a third pariy, 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 tlurd party shall be responsible for that fee after determination that such an agreement would be in the City's best interest. The burden of establishing the agreement would be on the party owing the fee and not on the City, and would be in the City's best interest. r . e. When the phrase "property which has not participated in development of the system" is used in � this Section, it shall mean any of the following: i. Any property which has not paid a special utility connection charge for the property � based upon the square footage of the property and which is connecting to Renton's sewer system for the first time (including but not limited to new construction, or conversion from septic system). . ::ii. :.Any property:.�vhich:has_not-paid a sp.ecial utility�:connection.charge far the property ` ..� ..based upon.the square footage:ofthe�property that is.to be served�by the.utility and is , ' - � :�.�deve�o}�.ing or subdividing-.further. Eor eYample, one single-family residence on a five (5) r , - ,�:acre,.tract �Thicl�:has�::paid.f.our:hundr.ed_se��enty�dollars.($470.00) under this: Section to �:�,;c�nnect�to a se«�er�s�-stern will..have-�paid.only -for one; seven thousand five hundred �-(7,500) square foot lot•at the.rate�of_six point three cents ($0.063). Additional charges =`=z" ' ��>��•��ould be.applied._to any :additional .development .on the. property at the.time� of ', - development. iii. . Any property. «%hich.has not_paid a.special utility connection charge for the property , based upon_the square footage of.the property.that�is.to be served by the utility and that � requests or requires a larger or additional domestic water meter(s) will trigger a utility connection charge: iv. Any property, which has not paid a special utility connection charge for the property based upon the square footage of the property that is to be served by the utility and that is , being remodeled or having additions made and said work is in excess of $25,000 and requires a plumbing permit under the uniform plumbing code as currently adopted by the City of Renton will trigger a utility connection charge, unless it can be shown by the applicant that no "additional water usage" will result from the construction. "Additional water usage" shall be defined as the first time addition of a new water using unit which may include, but not be limited to toilets, sinks, tubs, showers, dishwashers, hot tubs, or swimming pools. The Administrator of Planning/Building/Public Works Department shall make the final decision on the interpretation of the determination of "additional water usage". The property owner may appeal the final decision in writing, within fifteen (15) days,to the Board of Public Works. 6 ORDINANCE NO. 4415 v. Any property which has not paid a special utility connection charge for the property based upon the square footage of the property that is to be served by the utility and that is being rebuilt or reconstructed from a point where demolition is required or the structure has obtained more than 50% damage from a source such as fire or flood will trigger a utility connection charge. In the case of damage from a source such as fire or flood a property owner may prove economic hardship, to the satisfaction of the Administrator of Planning/Building/Public Works Department and make arrangements with the City Finance Department to make payment(s)with interest, within two years time. vi. Any property that is redeveloped and the use intensified such that a four inch (4") (residential) sanitary sewer stub is required to be replaced with a six inch (6") (commercial) sanitary sewer stub, or an additional stub is required, or a larger commercial stub is required to the sewer main, then any application for the sewer construction permit will trigger a utility connection charge. £ Temporary connections to the City's sewage 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 far temporary connection may be granted upon payment of an annual fee equal to ten (10) percent of the current Special Utility Connection Charge applicable to that portion of the property, but not less than $750.00 per year. Said fee shall be paid annually , � ,.,. °-•.(non=prorated}, and shall be.non-refundable, non-transferable (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.pennanent use of.the utility system- The application,for temporary connection shall . . - .. ��:.consistrof a detailed plan•and•a.boundary..line:of the..proposed development.service area-for use ' - :�in the fee deternvnation. �-g:- -� � No-special.utility connection charge�vill be collected on.City-owned properties: The benefits to =�the.utitity.from the use of other City properties such as utilit_y easements,.lift stations, and other benefits offset the amount of the utility connection charge fee: fi. A liini.ted e�cemption to the. Special Utility Connection Charge will be granted.to Municipal ' Corporations for portions of propert}' subject to the Special Utility Connection Gharge 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 deternunation 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 100,000 square feet in area. Lines shall not be drawn closer than fifteen(15)feet to any structure. Parking lots, drivewa_ys, 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 SUCC fee segregation the applicant shall pay the administrative fee of$750. I 7 ORDINANCE NO. 4415 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 special utility connection charge fee in place at the time of development. 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 or dedications or restrictions on the comprehensive plan or zoning maps or City policies that would prevent development or ; a significant usages. This e�emption 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: i. �re�ation 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 �th�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 t��e specific lots being developed. � -k. �.The�ability:exists�for.�the partial:pa�lnent-of�the SpecialTUtility Connection.Charge based upon-.. :-:perc;entage ofthe property developed- T'he owner may apply�for partial�payment-of.the fee:on a �� �:.-pexcentage-based pro-rated�,basis.proportional�to the,.percentage.of the parcel which,will 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, and a statement of the.total area of the property�and the area of.ttie developed portion in square feet.. The following criteria shall � � detenrcine the partial payment of fees: i. This provision shall apply to all developments with the exception of single family � residential and mobile home developments. ii. The Special Utility Connection Charge shall be determined on the basis of the percentage of a property that is developed(existing development plus proposed development). iii. For the purpose of this code, full development is considered to be sixty (60) percent property coverage for multi-family development and eighty (80) percent 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). 8 ORDINANCE NO. 4415 � iv. The "developed area" shall include, but not be limited to, all contiguous e�sting developed land for which the Special Utility Connection Charge fees 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 under the State Environmental Policy Act (SEPA). v. Determination of partial payment shall be performed by dividing the "developed area" by eighty percent (sixty percent for multi-family development) of the total area of the property, and multiplying this number by the sewer Special Utility Connection Charge fee assessment for the entire property. vi. The partial payment of fees shall be by formal, written agreement which shall be recordetl as a restrictive covenant running with the land. The restrictive covenant shall list the percentage of the Special Utility Connection Charge fee that has been paid for the property. The percentage of the Special Utility Connection Charge fee that has been paid for the property shall be defined by dividing the "developed area" by eighty percent (si�y percent for multi-family development) of the total area of the property, and multiplying this number by one hundred(100)percent. Should the property partially paid for under this section later develop, then that property shall pay the Special Utility Connection 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. vii. Administrative..fees: The applicant,shall pay the City's administrati�e,costs for the �-preparation�, processing�and xecording o£the partial payment of the..fee. At the time of application for Special Utility Connection Charge fee partial payment the.applicant shall� pay the Administrative fee of$750. viii. The Administrator of.the Planning/Buiiding/Public Works Department.shall make the . final decision on interpretation.of the partial pa_yment of. Special Utility_ Connection.�. Charges. 1. Any party extending utilities that may serve other than the party's property may request a latecomer's agreement from the City. Any party required to oversize utilities may require that the utility participate in the cost of the project. SECTION III . This Ordinance shall be effective upon its �, passage, approval, and thirty days after publication. ', �AS�EJ B� THE CITY COUNCIL this 16th day of August , 1993 . ; ��� , Maril . Petersen, Cit Clerk Y Y 9 ORDINANCE NO. 4415 APPROVED BY THE MAYOR this h day of August , 1993 . * �� E rl Clymer, M r Approved as to form: � Lawrence J. War n, City Attorney Date of Publication: August 20, 1993 ORD. 325 : 7/19/93:as . ;t 10 Acnended by ORD 4723, trsf.sect to Title IV Amends ORD ��4205, 4321 Amended By ORD 4�4507, 4508 CITY OF RENTON, WASHINGTON ��4525, ��4526 SUMMARY OF ORDINANCE N0. 4415 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION5 8-4-41.A AND 8-4-41.B.3, OF CHAPTER 4, WATER, AND SUBSECTIONS 8-5-17 .A AND 8-5-17.B.3 OF CHAPTER 5, SEWERS, OF TITLE VIII (HEALTB AND SANITATION) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO SPECIAL UTILITY CONNECTION CHARGE. SECTION I. This Ordinance permits the segregation of certain properties for payment of the special utility connection charge so that partial payment will be made as to certain of the ', properties and payment on the remainder deferred. The Ordinance � -� establishes the terms and conditions .under which such segregation � , � may occur. ...The Ordinance applies to .both water and sewer special . .. s; . r utility corinection charges . , . I� SECTI01�i II . A full _text of this Ordinance will be mailed, s • without charge, upon request to the City Clerk. Date of Publication: August 20, 1993 ORD.333:8/10/93:as. 1