HomeMy WebLinkAboutORD 5718CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5718
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-1-180 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV
(DEVELOPMENT REGULATIONS) AND CHAPTER 5, LATECOMER'S AGREEMENTS,
OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF THE RENTON MUNICIPAL CODE,
UPDATING REGULATIONS AND ADDING DEFINITIONS REGARDING UTILITY AND
STREET LATECOMER'S AGREEMENTS PURSUANT TO ENGROSSED SUBSTITUTE
HOUSE BILL 1717.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 4-1-180.A.1, Applicability of Privately Held Latecomer's Fee, of
Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of the
Renton Municipal Code, is hereby amended as follows:
1. Applicability of Privately Held Latecomer's Fee: The City has the
discretionary power, as detailed in chapter 9-5 RMC, to grant street latecomer's
agreements to developers and owners for the reimbursement of a pro rata
portion of public works facilities (water systems, sanitary sowor systems, storm
water systems, and street improvements including signalization and lighting)
they install and turn over to the City. The City shall grant utility latecomer's
agreements for the reimbursement of a pro rata portion of utility systems such
as water, sanitary sewer or storm sewer, if all conditions are met. For purposes
of this section, both utility and street latecomer's agreements shall be
collectively referred to as "latecomer's agreements".
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SECTION II. Chapter 5, Latecomer's Agreements, of Title IX (Public Ways and
Property) of the Renton Municipal Code, is hereby amended as follows:
CHAPTER 5
UTILITY AND STREET LATECOMER'S AGREEMENTS
SECTION:
9-5-1: Authority
9-5-2: Definitions For Utility Latecomer's Agreements
9-5-33: Application
9-5-4: Conditions For Connection To City Of Renton's Water Or Sewer
Facilities
9-5-3-5: Preliminary Notice Of Latecomer's Agreement And Appeal Rights
9-5-46: Preliminary Approval
9-5-57: Final Utility or Street Latecomer's Agreement
9-5-68: Execution, Recording And Notice
9-5-79: Contract Finality
9-5-810: Title To Improvement And Assignment Of Benefit
9-5-911: Tender Of Fee
9-5-1012
9-5-44-13
9-54314
9-5-4315
9-5-4416
9-5-4517
Release Of Assessment
Term Of Life
Fees
City Not Responsible
Improvements Constructed By Developer
Interest
9 5 16: Segregation And Roliof Of Latecomer's Foes (Rop. by Ord. 4723)
9-5-1 AUTHORITY:
The City of Renton has the discretionary power to grant shall enter into
latecomer's agreements te with developers and owners for the reimbursement
of a pro rata portion of the original costs of water systems, sanitary sewer
systems, and storm water drainage sewer systems and street improvements
including signalization and lighting ("utility latecomer's agreements"), if all
conditions are met. The City has the discretionary power to grant latecomer's
agreements to developers and owners for the reimbursement of a pro rata
ORDINANCE NO. 5718
portion of the original costs of street improvements including signalization and
lighting ("street latecomer's agreements"). The authority to approve a street
latecomer's agreement is vested in the City Council.
9-5-2 DEFINITIONS FOR UTILITY LATECOMER'S AGREEMENTS:
A. "Latecomer's fee" means a charge collected by the City of Renton,
whether separately stated or as part of a connection fee for providing access to a
municipal system, against a real property owner who connects to or uses a water
or sewer facility subject to a contract created under RCW 35.91.020.
B. "Municipality" means the governing body of the City.
C "Water or sewer facilities" shall have the meaning specified in RCW
35.91.015, as it now reads or is hereafter amended.
9-5-23 APPLICATION:
Application for a utility or street latecomer's agreement shall be made thirty
(30) days prior to issuance of the construction permit. Application may be by
letter to the Mayor and City Council requesting a latecomer's agreement, or
upon forms prepared by the Public Works Department. Any application for a
utility or street latecomer's agreement shall contain the following information:
A. Legal description of applicant's property.
B. Legal description of the benefited properties.
C. Vicinity maps of applicant's property, benefiting properties and the
location of the improvement.
D. Estimated cost data and inventory for the improvements.
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E. Proposed pro rata share of the cost of the improvement to be borne by
the benefiting properties, and a proposed method of assessment of that pro rata
share to the individual benefiting properties.
F. Payment of full amount of nonrefundable processing fee pursuant to
PMC 4 1 lSQAthe City of Renton Fee Schedule.
9-5-4 CONDITIONS FOR CONNECTION TO THE CITY OF RENTON'S WATER OR
SEWER FACILITIES:
Full compliance with all conditions below is required in order to finalize a
latecomer's agreement:
A^ Construction of the water or sewer facility according to plans and
specifications approved by the City;
B. Inspection and approval of the water or sewer facility by the City;
C. Transfer to the City of the water or sewer facility, without cost to the
City, upon acceptance by the City of the water or sewer facility;
D. Full compliance with the owner's obligations under the contract and with
the municipality's rules and regulations;
E. Provision of sufficient security to the City to ensure completion of the
water or sewer facility and other performance under the contract;
F. Payment by the owner to the City all of the City's costs associated with
the water or sewer facility including engineering, legal, and administrative costs;
and
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G, Verification and approval of all contracts and costs related to the water
or sewer facility shall be performed by the City. Total cost information must be
furnished by the owner to the City within one hundred twenty (120) days of the
completion of a water or sewer facility. The City shall use this information as the
basis for determining reimbursements by future users who benefit from the
water or sewer facility, but who did not contribute to the original cost of the
water or sewer facility; and
FL Full compliance with RMC 9-5-3, Application, as it exists or is hereafter
amended.
9-5-35 PRELIMINARY NOTICE OF LATECOMER'S AGREEMENT AND APPEAL
RIGHTS:
The Public Works Department shall determine the preliminary latecomer's
area boundaries and draft the legal description of the latecomer's boundary and
a preliminary latecomer's boundary map. The City Clerk shall mail a notice to all
owners of record of property within the latecomer's boundary and to the
developer or holder of the utility or street latecomer's agreement. The notice
shall include an approximation of the preliminary assessment, the proposed
latecomer's boundary map and the description of the property owners' rights
and options to participate in the utility or street latecomer's agreement. This
preliminary notice form will not be recorded with King County. The property
owners may, upon payment of tho seventy five dollar ($75.00) an appeal fee as
set forth in the City of Renton Fee Schedule, request an appeal hearing before
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the City Council within twenty (20) days of the mailing. Appeals must adhere to
the criteria established under Section 9 5-5C subsection 9-5-7.C of this Chapter
but will be limited to the issue of whether or not a specific property should be
included in the latecomer's area. The City Council, by ordinance or voice vote,
may delegate the Hearing Examiner or other hearing officer to hold the requisite
public hearing and establish a record, together with a recommendation for the
City Council. The City Council's ruling is determinative and final.
9-5-46 PRELIMINARY APPROVAL:
A. The City Council may grant preliminary approval for a street latecomer's
agreement based upon the information contained in the request for a street
latecomer's agreement and any input from the Administrator, or the City Council
may request further information from the applicant and/or the Administrator, or
the City Council may deny the preliminary street latecomer's agreement. As part
of any preliminary approval, the Council shall indicate the duration for which the
street latecomer's agreement will be approved, after completion of the
improvements, which approval period shall not be more than fifteen (15) years^
or longer, if extended in accordance with RCW 35.72.020(2)(a) as it exists or is
hereafter amended. No extensions will be granted beyond tho period of timo
established by City Council.
B. The City Council may grant preliminary approval for a utility latecomer's
agreement based upon the information contained in the request for a utility
latecomer's agreement and any input from the Administrator, if all conditions
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set forth in this Chapter have been met. The Administrator or the City Council
may request further information from the applicant. As part of any preliminary
approval, the Council shall indicate the duration for which the utility latecomer's
agreement will be approved, after completion of the improvements, which
approval period shall be a minimum of twenty (20) years, or longer, if extended
in accordance with RCW 35.91.020(4)(a) as it exists or is hereafter amended.
SC. Following preliminary approval by the City Council, the holder of the
utility or street latecomer's agreement shall submit to the Administrator any
further information requested by the Administrator or the City Council.
9-5-57 FINAL UTILITY OR STREET LATECOMER'S AGREEMENT:
A. Preparation of Proposed Final Assessment Roll: Following construction
and full compliance with all conditions, the Public Works Department shall
prepare a final proposed utility or street latecomer's agreement which will
include a legal description and a map of the latecomer's boundary. The cost of
the improvements will be spread among the property owners based upon their
pro rata share of said costs. The costs will become payable upon the issuance of
a City permit authorizing the benefiting property owner(s) to construct
improvements that would allow the user(s) property to derive direct benefit
from these facilities. The method of assessment to be used will be one (1) or
more of the following methods, unless otherwise approved or directed by the
City Council:
1. Front foot method.
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2. Zone front foot method.
3. Square footage method.
4. Trip generation (traffic) method.
5. Other equitable method, as determined by the City.
6. Any combination of the above methods.
The method(s) used and the dollar amount(s) will be included in the final
utility or street latecomer's agreement.
B. Final Notice of Latecomer's Agreement: The City Council receives the
final utility or street latecomer's agreement and if the agreement is approved,
directs the staff to send out notices of the latecomer's potential assessment and
the right to appeal. The City Council retains the right to rule on the final action
for street latecomer's agreements. Following Council approval of the final utility
or street latecomer's agreement, the City Clerk shall mail a notice to all owners
of record of property within the latecomer's boundary and to the developer or
holder of the utility or street latecomer's agreement. The notice shall include the
final assessment per unit charge, the legal description and a map of the
latecomer's boundaries, and the description of the property owners' rights and
options to participate in the utility or street latecomer's agreement.
C. Appeal:
1. Within twenty (20) days of the date of the mailing, any property
owner may submit an appeal in writing to the City Council, c/o City Clerk. An
appeal must include a statement of claimed errors concerning the proposed
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assessment, and must be accompanied by • soventyjfivc dollar ($75.00)
nonrefundable an appeal fee as set forth in the City of Renton Fee Schedule.
Errors which are not set forth in writing and which do not adhere to the criteria
listed below will not be considered.
2. Objections by a benefiting property owner to the recording of a
potential assessment against their property does not constitute a valid appeal.
3. Errors identified in an appeal must be related to cost, methodology
for cost distribution, or benefit to the property as described below:
a. Cost: If the benefiting property owner contests these costs, he or
she must provide a basis for the claimed discrepancy, such as an estimate from a
contractor or other reliable source.
b. Costs Methodology: If the benefiting property owner contests the
cost methodology used, they have to show why it is not equitable and provide
their suggested alternate method of assessment and the justification for its use
in place of the staff recommended method.
c. Benefit: If a benefiting property owner contests benefit, he or she
must provide a statement or documentation on why a particular parcel has no
future potential benefit.
4. Upon receipt of an appeal and the required fee, the City Clerk shall
transmit the appeal and the official file to the City Council. The City Council may
delegate to the Hearing Examiner the responsibility to hold a public hearing,
establish the record and provide a written report containing a recommendation
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to the City Council. Following the public hearing, the Hearing Examiner shall
issue a written recommendation which is mailed to parties of record. Pursuant to
City Code Section 4 8 15 RMC 4-8-110, any party of record may request
reconsideration within fourteen (14) days of the issuance of the Hearing
Examiner's report. Following expiration of the reconsideration period, the
Hearing Examiner shall submit his written recommendation to the City Council
on the Council meeting agenda for concurrence. The City Council shall concur
with, alter or deny the Hearing Examiner's recommendation.
D. Council Action: If no appeal is filed, the City Council's initial approval
shall grant the utility or street latecomer's agreement and authorize the
developer, Mayor and City Clerk to sign the document. If an appeal is filed and if
delegated to the Hearing Examiner for a hearing and the Council concurs with
specific recommendations made by the Hearing Examiner as a result of the
public hearing, these recommendations shall be incorporated into the utility or
street latecomer's agreement. Following approval, alteration or denial of the
Hearing Examiner's recommendation, if any, on the appeal, the Council shall
grant the utility or street latecomer's agreement and authorize the developer,
Mayor and City Clerk to sign the document.
9-5-68 EXECUTION, RECORDING AND NOTICE:
The utility or street latecomer's agreement is mailed to the developer by the
City Clerk and must be signed, notarized and returned within sixty (60) days of
the date of Council approval for execution by the Mayor and City Clerk. If not
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consummated within the sixty (60) day period, the utility or street latecomer's
agreement will become null and void. The City Council can give consideration to
extending this period by a showing of hardship or excusable neglect on the part
of the holder of the utility or street latecomer's agreement. The fully executed
utility or street latecomer's agreement shall be recorded in the official property
records of King County, Washington.
9-5-79 CONTRACT FINALITY:
Once the utility or street latecomer's agreement together with a legal
description and a map of the latecomer's boundary are recorded with King
County, it shall be binding on owners of record within the assessment area.
Following receipt from King County of the recorded utility or street latecomer's
agreement, the City Clerk will mail a copy of the recorded agreement to the
holder of the utility or street latecomer's agreement.
9-5-810 TITLE TO IMPROVEMENT AND ASSIGNMENT OF BENEFIT:
Before the City will collect any latecomer's fee, the holder of the utility or
street latecomer's agreement will transfer title to all of the improvements under
the utility or street latecomer's agreement to the City. The holder of the utility or
street latecomer's agreement will also assign to the City the benefit and right to
the latecomer's fee should the City be unable to locate the holder of the utility
or street latecomer's agreement to tender any latecomer's fee that the City has
received. The holder of the utility or street latecomer's agreement shall be
responsible for keeping the City informed of their correct mailing address.
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Should the City be unable to locate the holder of the utility or street latecomer's
agreement in order to deliver a latecomer's fee, the City shall undertake an
independent investigation to determine the location of the holder of the utility
or street latecomer's agreement. Should the City, after a good faith attempt to
locate the holder of the utility or street latecomer's agreement, be unable to do
so, the latecomer's fee shall be placed in the Special Deposit Fund held by the
City for two (2) years. At any time within the two (2) year period the holder of
the utility or street latecomer's agreement may receive the latecomer's fee,
without interest, by applying to the City for that latecomer's fee. After the
expiration of the two (2) year period, all rights of the holder of the utility or
street latecomer's agreement to that fee shall expire, and the City shall be
deemed to be the owner of those funds.
9-5-911 TENDER OF FEE:
When the City has received the funds for a latecomer's fee, it will forward
that fee, if possible, to the current holder of the utility or street latecomer's
agreement at the current address of the holder of the utility or street
latecomer's agreement that is on file with the City, within thirty (30) days of
receipt of the funds. It is the responsibility of the holder of the utility or street
latecomer's agreement to keep his/her address current with the City. Funds
received by negotiable instrument, such as a check, will be deemed received ten
(10) days after delivery to the City. Should the City fail to forward the
latecomer's fee to the holder of the utility or street latecomer's agreement
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through the City's sole negligence, then the City shall pay the holder of the utility
or street latecomer's agreement simple interest on those monies at the rate of
twelve percent (12%) percent per annum. However, should the holder of the
latecomer's fee not keep the City informed of to his/her current correct mailing
address, or should the holder otherwise be negligent and thus contribute to the
failure of the City to pay over the latecomer's fee, then no interest shall accrue
on late payment of the latecomer's fee.
9-5-4012 RELEASE OF ASSESSMENT:
When funds are received for a latecomer's fee, the City will post said
payment on the City's assessment data base for the real property owned by the
party paying the latecomer's fee, within thirty (30) days of receipt of the funds.
An individual certificate of payment will not be recorded with King County. The
City will record a certificate of payment and release of assessment for the entire
latecomer's area when all the property owners have paid their assessment or
upon expiration of the term of life of the utility or street latecomer's agreement.
9-5-4413 TERM OF LIFE:
/V Utility latecomer's agreements shall be granted for a period of twenty
(20) years, or longer, if extended in accordance with RCW 35.91.020(4)(a) as it
exists or is hereafter amended.
B. When authorized by the City Council, a street latecomer's agreement can
be granted for a period of up to but not to exceed fifteen (15) years, or longer, if
extended in accordance with RCW 35.72.020(2)(a) as it exists or is hereafter
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amended. Ne-extensions will be granted beyond the period of time established-
by City Counei-lr The street latecomer's agreement will expire at the end of the
period of time established by the City Council.
9-5-4414 FEES:
A. There shall be paid to the City a non-refundable processing fee as set
forth in RMC 4 1 180A.1 the City of Renton Fee Schedule.
B. At the time the City has received funds for a latecomer's to forward to
the holder, There shall be a fee for the administration and collection of
latecomer's agreement as set forth in the City of Renton Fee Schedule.
9-5-4315 CITY NOT RESPONSIBLE:
By instituting the utility or street latecomer's agreement the City does not
agree to assume any responsibility to enforce the utility or street latecomer's
agreement. Nothing in this Chapter shall create a private right of action for
damages against the City for failing to comply with the requirements herein. The
final utility or street latecomer's agreement recorded with King County will be a
matter of public record and will serve as a notice to the owners of the potential
assessment should connection to the improvements be made. The holder of the
utility or street latecomer's agreement has responsibility to monitor those
parties connecting to the improvement. Should the City become aware of such a
connection, it will use its best efforts to collect the latecomer's fee, but shall not
incur any liability should it inadvertently fail to collect the latecomer's fee unless
the City's failure is willful or intentional. Failure of the City to comply with the
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requirements of this section does not relieve it of any future requirement to
comply with this section.
9-5-4416 IMPROVEMENTS CONSTRUCTED BY DEVELOPER:
Improvements may be installed by developer per approved plans following
issuance of the construction permit and payment of applicable permit and
development fees. The notification and appeal process, established by this
Chapter, may result in a decision by the City Council which would alter the
potential payment to the beneficiary of the utility or street latecomer's
agreement. If the beneficiary proceeds to construction prior to either the
preliminary or City Council approval of the utility or street latecomer's
agreement following all appeals, the beneficiary does so at the beneficiary's own
risk.
9-5-4517 INTEREST:
No interest rates are added to fees collected under private developer held
utility or street latecomer's agreements.
9 5 16 SEGREGATION AND RELIEF OF LATECOMER'S FEES:
(Rep. byOrd. 4723, 5 11 98)
SECTION III. This ordinance shall be effective upon its passage, approval, and th
(30) days after publication.
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ORDINANCE NO. 5718
PASSED BY THE CITY COUNCIL this 23rd day of June _; 2014.
Jasoik' A. Sefh; Deputy City Clerk
APPROVED BY THE MAYOR this 23rd day of June _, 2014.
Denis Law, Mayor
Approved as to form:
*4
2^
Lawrence J. Warren, City Attorney
Date of Publication: 6/27/2014 ( summary)
ORD:1821:5/29/14:scr
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