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HomeMy WebLinkAboutORD 4526 Amends ORD 4321, 4415, 4441, 4508 Amended By ORD 4723 (trsf. to Title IV) Amended by ORD 4872 Amended by ORD 4875, 5000 CITY OF RENTON, WASHINGTON ORDINANCE N0. 4526 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 8-4-41.B.3 OF CHAPTER 4, WATER, OF TITLE VIII (HEALTH AND SANITATION) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO A SYSTEM DEVELOPMENT CHARGE FOR , CONNECTION TO THE WATER UTILITY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Subsection 8-4-41 .B. 3 of Chapter 4, Water, of Title VIII (Health and Sanitation) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows : 8-4-41.8.3: System Development Charge. The system development charge which shall 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. Eight hundred fifty dollars ( $850 . 00) per single-family residence. b. Six hundred eighty dollars ( $680 . 00) per dwelling unit located in mobile home parks and manufactured home parks . c. Five hundred ten dollars ( $510 . 00) per multi-family residence, except in the Center powntown (CD) and Center Office Residential (COR) zoned areas which shall be I assessed in accordance with paragraph 8-4-41 .B. 3 .d. Mixed use buildings with over 50� of the floor space used for multi-family residences shall be assessed at the rate of five hundred ten dollars ( $510 . 00) per multi-family residence. d. For all other properties except City properties, eleven point three cents ( $0 . 113) per square foot of property connected but not less than eight hundred fifty dollars ( $850 . 00) . . � ORDINANCE NO. 4526 e. Fees are incurred upon the granting by the City of a building permit or a construction permit, but are payable at the time construction inspection permits are issued for connection to or extension of the public water main; or in the absence of the requirement of a Public Works Permit, then at the time of granting the building permit. All other water service applicants shall pay at the time the water meter application is issued. f. Fees are due immediately if 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. g. 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: ( 1 ) Any property which has not paid a system development charge for the property based upon the square footage of the property and which is connecting to Renton' s water system for the first time (including but not limited to new construction, or conversion from a private well) . I (2 ) Any property which has not paid a system development ', charge for the property based upon the 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 eight hundred fifty dollars ($850 . 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 eleven point three cents ( $0 . 113) . Additional charges would be applied to any additional �� development on the property at the time of � development. ( 3) Property that was developed before the effective date of the first development 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 2 ORDINANCE NO. 4526 redeveloped or the use changed or intensified such that a larger water meter or additional water meters or a fire hydrant are necessary, or when no water meter was obtained before, such as property on a well, then any application for the initial water meter or a larger water meter or installation of a fire hydrant will trigger a system development charge, except as provided herein. For the purposes of this policy, such property when I applying for an initial 'or larger water meter or installing a fire hydrant or irrigation meter shall � be property that has not been previously assessed. (4 ) Redevelopment Credit: An option exists for �' receiving a redevelopment credit for property which has not previously paid in full a system development charge. A redevelopment project that requires a larger water meter, or additional water meters, or a fire protection service for sprinklers, or a fire hydrant will trigger the water utility system development charge. However, any parcel that currently has water service is eligible for a prorated system development charge. This prorated redevelopment charge is based on the following formula: [Proposed domestic meter(s) capacity in gallons per minute - Existing domestic meter(s) capacity in GPM/ Proposed domestic meter(s) capacity in GPM] x SDC Fee = Amount owed. Fire flow meters are not ' included in this calculation. For example, a redevelopment project that involves a change from a single family home on a 10, 000 square foot lot with a five eighths by three-quarter inch meter (5/8" x 3/4" , a standard single-family meter) that has a safe operating capacity of 20 gallons per minute (GPM) , to a four unit multi-family dwelling with a one and one-half inch ( 1-1/2 ) meter with a safe operating capacity of 100 GPM can apply to pay the following prorated charge: [ 100 GPM - 20 GPM/100 GPM] x $1, 130 = $904 Without the redevelopment credit, this project would have paid eleven point three cents per square foot ( $0 . 113/sq. ft. ) x 10, 000. sq. ft. _ $1, 130 I 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 recorded and applied as a partial payment 3 ORDINANCE NO. 4526 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. METER EQUIVALENCIES Safe Max. Oper. Meter Size Capacity 5/8" 3/4" iln�) (GPM� Equival Equival 5/8" 20 1 .00 5/8" x 20 1 . 00 3/4" 3/4" 30 1 .50 1 . 00 1" 50 2 .50 1 . 67 1-1/2" 100 5 . 00 3 . 33 2 160 8 . 00 5 . 33 3 300 15 . 00 10 . 00 4 500 25 . 00 16 . 67 6 1000 50 . 00 33 . 33 8 1600 80 .00 53 . 33 10 2300 115 . 00 76 . 67 12 3375 168 .75 112 . 50 20 8250 412 . 50 275 . 00 APWA - C704 - Cold Water Propeller Type Meters AWWA - C-700-77 Cold Water Meters - Displacement Type (5) Prorated System Development Fee for Fire Protection Improvements : An option exists for receiving a credit for fire protection improvements for property which has not previously paid in full a system development charge. 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 parcel. Thirty percent is the amount the water utility has expended throughout its system for fire flow protection. This fee shall be recorded and applied as a partial payment to the total system development charge applicable for the parcel . If a project both increases water meter capacity and installs a fire protection system the total of both prorated system development fees would be charged. Payment of said fees would be recorded and applied 4 I ORDINANCE NO. 4526 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 . h. 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 System Development Charge applicable to that portion of the property, but not less than seven hundred fifty dollars ( $750. 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 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. Installation 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 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} and shall not constitute a credit to the system development 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 system development charge may be paid instead of the ten percent ( 10�) payment described herein. j . 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, wells and other benefits, offset the amount of the utility connection charge fee. k. 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 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 5 " ORDINANCE NO. 4526 � 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. � ( 1) Nonexempt Areas : Parking lots, driveways, walkways, similar areas and required landscape areas shall not be part of the exempt area. (2 ) 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 SDC fee segregation the applicant shall pay the administrative fee of seven hundred fifty dollars ( $750) . ( 3) 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 be developed or sold, then that property shall pay the system development charge fee in place at the time of development or property sale. (4) Interpretation of Exemption: 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. l . When calculating the area to be charged the development 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 greenbelt 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. m. When calculating the area to be char•ged the development charge, Class I and II wetlands areas are exempt. It is the responsibility of the property owner or applicant to � submit a study determining the classification as Class I , and/or II wetlands and a legal description of said wetlands so that these portions of the property can be exempted from the development charge. Classification of wetlands will be based upon the rating system as outlined 6 ORDINANCE NO. 4526 I in Title 4, Chapter 32 of the Renton City Code and any ', subsequent amendments thereto. n. Segregation by Plat or Short Plat: The system , development 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 development, in which case the system development charge fee will be applied to the specific lots being developed. o. The ability exists for the partial payment of the system development charge based upon percentage of the property developed. The owner may apply for partial payment of the fee on a percentage-based prorated 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 system development 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 : ( 1 )Application of Provisions : This provision shall apply to all development with the exception of single-family residential and mobile home developments . (2 )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) . (3}Full Development: For the purpose of this Code, full development is considered to be sixty percent ( 60�) property coverage for multi-family development and eighty percent (80�) property coverage for commercial, industrial, mixed-use and all other development. Property coverage is defined as the portion of the property supporting buildings, driveways and sidewalks, parking areas, grass and landscape areas, public access areas, storm drainage facilities and detention ponds and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA) . (4 } Development Area: The "developed area" shall include, but not be limited to, all contiguous existing developed land for which the system development charge fees have not been paid; all existing and proposed buildings, driveways and sidewalks, parking areas, grass and landscape areas, 7 ORDINANCE NO. 4526 public access areas, storm drainage facilities and detention ponds and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA) . (5} Formula: Determination of partial payment shall be performed by dividing the "developed area" by eighty , percent (80�) ( 60 percent for multi-family ' development) of the total area of the property, and I multiplying this number by the system development charge fee assessment for the entire property. ' ( 6) Partial Payment Fees : 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 system development charge fee that has been paid for the property. The percentage of the system development charge fee that has been paid for the property shall be defined by dividing the "developed area" by eighty percent (80�) ( 60 percent for multi-family development) of the total area of the property, and multiplying this number by one hundred percent ( 100%) . 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. (7 ) 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 system development charge fee partial payment the applicant shall pay the administrative fee of seven hundred fifty dollars ( $750 . 00) . (8) Interpretation of Partial Payments : The Administrator of the Planning/Building/Public Works Department shall make the final decision on interpretation of the partial payment of system development charges . p. 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. ' 8 � ORDINANCE NO. 4526 q. 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 of this Code, and any subsequent amendments thereto. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty (30) days after its publication. PASSED BY THE CITY COUNCIL this 12th day of June , 1995 . � Marily J etersen, City Clerk APPROVED BY THE MAYOR this 12th day of June , 1995 . E ymer, May Approved to form: Law e c . arr , City Attorney - Date of Publication: June 16 , 1995 ORD.460 : 5/31/95 :as . 9 Amends ORD 4321, 4415, 4441, 4508 CITY OF RENTON, WASHINGTON SUMMARY OF ORDINANCE NO. 4526 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 8-4-41.B.3 OF CHAPTER 4, WATER, OF TITLE VIII (HEALTH AND SANITATION) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCE5 OF THE CITY OF RENTON, WASHINGTON" RELATING TO A SYSTEM DEVELOPMENT CHARGE FOR CONNECTION TO THE WATER UTILITY. The following is a summary of this ordinance. SECTION I. This ordinance adds a section to the system development charge ordinance for connection to the City' s water utility establishing a charge per multi-family residential unit, except in the areas zoned Center powntown (CD) and Center Office Residential (COR) , and for mixed use building when over 50� of the floor space is used for multi-family residences . SECTION II. A full text of this ordinance will be mailed, without charge, upon request to the City Clerk. Date of Publication: June 16, 1995 ORD. 461 : 5/12/95 :as . 1