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HomeMy WebLinkAboutORD 4321 , AMENDS ORDINANCE N0. 4205, ,42$7 � ° " AMENDED BY OR�. j64415, 4508 ' ` ��4525, 4526 CITY OF RENTON,WASHINGTON ORDINANCE NO. 4321 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 8-4-41.B.3, OF CHAPTER 4,WATER,AND SECTION 8-5-17.B.3 OF CHAPTER 5, SEWERS, OF TITLE VIII (HEALTH AND SANITATIOI�, 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. Section 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: Section 8-4-41.B.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 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 residence and mobile home dwelling. b. Five hundred forty five dollars ($545.00) per living unit of an apartment, condominium, cooperative rental, time-share, motel, hotel, or similar multi-family occupancy residential structure. c. For all other properties except City properties, twelve point six cents ($0.126) per square foot of property connected but not less than nine hundred forty dollars , ($940.00). d. Fees are incurred upon the granting by the City of a building permit, but are payable at � the time construction inspection permits aze issued for connection to or extension of ! the public water main; or in the absence of the requirement for a Public Works Permit, then at the time of granting the building pertnit. All other water service applicants shall pay at the time the water meter application is issued. 1 , , ORDINANCE NO.4321 ' I e. 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. f. 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 on 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). ii. Any property which has not paid a special utiliry connection 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 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 date 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 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 utility connection charge. For the purposes of this policy, such property when 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. g. 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 determination. 2 , , ORDINANCE NO.4321 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 utiliry 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 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 azeas shall be at least 100,000 square feet in area. Lines shall not be drawn closer than fifteen(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 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 i 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/BuildingJPublic 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 chazged 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. k. The ability exists for the segregation of the special utiliry connection charge in the , partial development of a large parcel of property. This segregation shall be based on the following criteria and rules: i. SegreQation by Plat or Short Plat: The special utiliry 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 development, in which case the special utility connection charge fee will be applied to the specific lots being developed. 3 i . � ORDINANCE NO.4321 ii. �Pgreeation by AcLministrative Determination: For the partial development of a large tract of property the owner may apply for a segregation of the 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 detertnination. The boundary line shall be defined by an acceptable legal description. The following criteria shall determine the segregation of fees: 1) Minimum size of area segregated for determination and payment of special utility connection charge fees shall be five (5) acres. ' 2) Minimum size of the remnant parcel of undeveloped property for which the special utility connection chazge fee is deferred shall be five (5) acres. 3) Administrative Fees: The applicant shall pay the Ciry'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$750. 4) The segregation of fees shall be by formal, written agreement which shall be recorded as a restrictive covenant running with the land. Should the property exempted under this section later develop, then that property shall pay the special utiliry connection charge fee in place at the time of development. 5) 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 & 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). 6) 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(15) feet to any structure. 7) The Administrator of the Planning/Building/Public Works Department ' shall make the final decision on interpretation of the segregation of ' special utility connection charges. 1. Any party extending utilities that may serve other than that party's property may I request a latecomer's agreement from the City. Any party required to oversize utilities may request that utiliry participate in the cost of the project. 4. 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. 4 . � ORDII�TANCE 1�'O.4321 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 water main 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 Waterworks Utilities Fund into such Local Improvement District Fund. SECTION II. Section 8-5-17.B.3 of Chapter 5, Sewers, 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: Section 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. Two hundred seventy dollars ($270.00) per living unit of an apartment, condominium, cooperative rental, time-share, niotel, hotel, or sunilar multi-family occupancy residential structure. c. 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). d. Fees are incurred upon the granting by the City of a building permit, but are payable at the time construction inspection perinits 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 I shall pay these fees at the time of building sewer application. e. Fees are due immediately, notwithstanding the prior subsection, 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 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. 5 . . ORDINANCE NO.4321 ' f. When the phrase "property which has not participated in development of the system" is used in this Section, it shall mean atiy 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). u. Any property which has not paid a special utiliry connection 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 on a five (5) acre tract which has paid four hundred seventy dollars ($470.00) under this Section to connect to a sewer system 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 would be applied to any additional development on the property at the time of development. iii. 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 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 utiliry 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 Deparkment shall make the final decision on the interpretation of the detertnination of"additional water usage". The property owner may appeal the final decision in writing, within fifteen (15) days, to the Board of Public Works. 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 Departtnent 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. G . . ORDINANCE NO.4321 I g. 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. Pertnission 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 Chazge 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. h. No special utility connection charge will be collected on Ciry-owned properties. The benefits to the utility from the use of other City properties such as utility easements, lift stations,and other benefits offset the amount of the utiliry 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 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, driveways, walkways, similar areas and required landscape areas shall not be part of the exempt area. Administrative Fees: The applicant shall pay the Ciry'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. The exemption must be memorialized by means of a restrictive covenant running with I 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 equiry. I 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 detertnining whether property is undeveloped greenbelts or major easements, the inquuy should be to recorded easements or dedications or restrictions on the comprehensive plan or zoning maps or Ciry policies that would prevent development or significant usages. This exemption is intended not to charge property that is undevelopable. k. 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: 7 � � � ORDINANCE NO. 4321 i. 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 the pazcel size. Unplatted or large platted parcels may be platted or short-platted prior to development, in which case the SUCC fee will be applied to the specific platted lots being developed. ii. �Pg�g i�n �y Administrative Determination• For the partial development of a large tract of property the owner may apply for a segregation of the Sanitary Sewer SUCC 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 SUCC fee determination. The boundary line shall be defined by an acceptable legal description. The following criteria shall determine the segregation of fees: 1) Minimum size of area segregated for determination and p:�yment of - SUCC fees shall be five (5) acres. 2) Minimum size of the remnant parcel of undeveloped property for which the SUCC fee is deferred shall be five (5) acres. 3) Administrati�e Fees: The applicant shall pay the City's administrative . costs for the pre�aration, processing and recording the segregated fee. � At the time of application for SUCC fee segregation the applicant shall pay tlie administrative fee of$750. 4) The segregation of fees sliall be by formal, written agreement which shall be recorded as 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 iu place at the time of development. 5) The segregated area shall include, but not be limited to, all contiguous existing developed land for which the SUCC fees have not been paid; all proposed buildings; driveways & sidewalks; parking areas; grass and landscape areas; public access areas; storm drainage facilities, detention ponds; and, improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). 8 . ' ' : � � i � � ORDINANCE NO.4321 � 6) The boundary line for the segregation of SUCC fees shall be established by survey and legal description and shall not be closer than fifteen feet to any structure. ' 7) The Administrator of the Departrnent of Planning/Building/Public Works shall make the final decision on interpretation of the Administrator's rule for segregation of Special Utiliry 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 utiliry participate in the cost of the project. SECTION III. This Ordinance shall be effective upon its passage;spproval, and thirty days after publication. PASSED BY THE CITY COUNCIL this 8th day of July �i991. � - � - - � ` � .���%1%dl.�ee Maril n J. e en Ci Cle�l: y , ry APPROVED BY THE MAYOR this 8th �y of July , 1991. 1 C ymer, Mayo Approve to form: � Lawrence J. Warren, ity Attorney Date of Publication: Published in Summary - July 12, 1991 ORD. 196:6/25/91:as. 9 I� �