HomeMy WebLinkAboutLatecomer Agreement Application Process and Submittal RequirementsDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Page 1 of 7 | Published: 1/10/2022
055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200
Website: rentonwa.gov
LATECOMER AGREEMENT APPLICATION PROCESS
AND SUBMITTAL REQUIREMENTS
Published : 1/10/2022
This document is intended to help an owner better understand what is expected in preparing the application to request a
utility latecomer’s agreement. Refer to Renton Municipal Code (RMC) for more information.
Specific Code Section(s) related to this document
CH 4-6 RMC Street and Utility Standards CH 35.91 RCW Municipal Water and Sewer Facilities Act
CH 4-8 RMC Permits – General and Appeals CH 35.72 RCW Contracts for Street, Road, and Highway Projects
CH 9-5 RMC Utility and Street Latecomer’s Agreements
Latecomer agreements allow a property owner who has installed utility or street improvements to recover a portion of
the costs of those improvements from other property owners who may later take direct benefit from the installed
infrastructure when the installation of the infrastructure is required by the City’s street and utility standards as a
prerequisite to further property development or direct benefit thereof by connection.
Improvements eligible for recovery costs include: Improvements NOT eligible for recovery costs include:
Water Mains
o Water Service Lines (from main to
meter)
Wastewater Mains
o Sewer Stubs (line between sewer
main and property line)
Stormwater Mains
Street Improvements
Signalization
Street Lighting
Water Meters
Side Sewers (private service line from sewer
stub to house)
Costs eligible for recovery costs include: Costs NOT eligible for recovery costs include:
Construction Costs
Engineering Design Costs
City Permit Fees
Washington State Sales Tax
System Development Charges (SDC Fees)
Special Assessment District Charges (SAD
Fees)
Section I: Utility Latecomer Agreement Flow Chart and Review Process
The review and approval process for a Utility Latecomer Agreement is summarized on the flow chart below and further
explained in subsequent pages. The process for obtaining a Latecomer Agreement must be completed along with the Civil
Construction Permit review, approval, and construction processes.
LATECOMER AGREEMENT APPLICATION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D)
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LATECOMER AGREEMENT APPLICATION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D)
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Step 1: Schedule the Intake Meeting
The processing of the Latecomer Agreement will require
significant coordination with the review and approval of
the associated Civil Construction Permit. The intake
meeting for the Latecomer Agreement is initiated by
contacting the City Development Engineer assigned to
the project (this will be the same as the City
Development Engineer reviewing the Civil Construction
Permit).
The Latecomer Agreement Request MUST be submitted
a minimum of 30 days prior to ISSUANCE of the Civil
Construction Permit. No requests for a Latecomer
Agreement will be accepted after the Civil Construction
Permit has been issued.
Note: The Applicant has the option to schedule an
informal pre-screen meeting prior to preparing the
submittal package for the latecomer agreement.
Applicants should coordinate with the assigned City
Development Engineer to determine if a pre-screen
meeting is appropriate for their project. One complete
electronic copy (.pdf format) of the application package
(including all submittal items) is required for informal
review by the City. Please allow approximately 30
minutes for the application screening.
Step 2: Intake Meeting
At the intake meeting, the City Development Engineer
will confirm that the submittal includes all required
information for the off-site improvements under
consideration for latecomer recovery.
The following items are all required in order for the
submittal to be deemed complete:
Completed Latecomer Agreement Request Application,
accepted/signed by the Development Engineer
Set of Civil Plans for the off-site improvements under
consideration for latecomer recovery
Electronic Copy (.xlsx format) of the Bond Quantity
Worksheet completed with the quantities and costs of
all improvements under consideration for latecomer
recovery
Legal description of applicant’s property
Legal description of each of the benefited properties
List of King County tax account numbers (PID#s) for the
benefited properties (.xlsx or .csv format)
Vicinity map of applicant’s property, benefiting
properties, including parcel numbers, and the location of
the improvement, must meet King County Recording
Standards
If the submittal is deemed complete, then the initial
Latecomer Agreement Processing Fees are to be paid
prior to the City accepting the submittal for review.
These fees are outlined in the City’s Current Fee
Schedule. You may call (425) 430-7266 if you have
questions regarding the processing fees.
If the City determines the applicant has not provided a
complete submittal or if the application does not meet
the criteria outlined in City Code, the submittal will be
returned to them for additional information.
Once the submittal has been deemed complete by the
City Development Engineer, the applicant will submit the
completed Latecomer Agreement Request, including all
required submittal items, and pay the Latecomer
Agreement Processing fee, to the City Clerk.
Step 3: City Review Period
Timeline for 1st review: 2 – weeks from Intake.
(Subsequent review timeline: 1- weeks from Intake)
Upon completion of a successful and complete intake,
the City has accepted the submitted materials for review
and the first review cycle has begun. The City reviewers
will evaluate the application for compliance with
applicable codes and regulations.
Step 4: Preliminary Acceptance
Once the review is complete, the City Development
Engineer will provide any comments and markups to the
Applicant.
Minor updates/revisions may be addressed by the
Applicant and submitted as a PDF document sent via
email to the City Development Engineer.
If, however, comments need to be addressed prior to
approval, the City Development Engineer may require a
second (or subsequent) review. The Applicant will revise
the submittal package and repeat Steps 1 and 2 to
resubmit for approval. The City Development Engineer
will review and comment as necessary, repeating steps 3
and 4 until all code requirements and comments have
been met.
LATECOMER AGREEMENT APPLICATION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D)
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The City Development Engineer will provide an
acceptance letter to the applicant. The acceptance letter
will outline the method of assessment, the assessment
area, and will include the date of the Utility Committee
Meeting and the date of the Council Meeting.
Step 5: Preliminary Notice
Begin 20- Day Appeal Period.
Upon approval of the Preliminary Latecomer Agreement
by City Council, the City shall mail preliminary notice to
all property owners of record within the latecomer’s
boundary and to the applicant of the Latecomer
Agreement.
The preliminary notice will include an approximation of
the preliminary assessment, the proposed latecomer’s
boundary map, conditions to the Latecomer Agreement
assigned by the City, and the description of the property
owners’ rights and options to participate in the utility or
street latecomer’s agreement.
All Latecomer Agreements are subject to a 20-day appeal
period from the date of notice.
Step 6: Appeals
If no appeals are filed, Step 6 is not applicable.
If appeals to the Preliminary Notice are received by the
City, the appeals are then read to the City Council. The
City Council may request that the appeals be delegated
to the Hearing Examiner. Any decisions issued by the
Hearing Examiner are subject to a 14-day
Reconsideration period where parties of record may
request a reconsideration of the decision.
If the appeal is accepted by the Hearing Examiner, the
applicant will be required to revise the latecomer
boundary and update/revise all appropriate parts of the
latecomer request, as applicable.
If the appeal is denied by the Hearing Examiner, the
Preliminary Latecomer Agreement is approved.
Following is a general outline of the timeframe for
appeals:
Notice Sent (appeal period begins) 20 days
Appeals (if any) read to Council 14 days
Council Requests Public Hearing
Hearing Date set by Hearing Examiner 42 days
Hearing Examiner Decision 14 days
Reconsideration 14 days
Reference RMC 4-8-110 APPEALS for further details on
the appeals process.
Step 7: Preliminary Approval
Preliminary approval will be issued by City Council if all
conditions outlined in City Code have been met. The
preliminary approval will indicate the duration of the
Latecomer Agreement, conditions to the Latecomer
Agreement assigned by the City, and any additional
information to be provided by the applicant prior to final
approval.
Step 8: Construction
Once preliminary approval has been issued, the
Applicant may proceed to construction.
Note: The Applicant may proceed to construction prior to
Preliminary Approval at their own risk.
Step 9: Final Latecomer Agreement Submittal
The processing of the Latecomer Agreement will require
significant coordination with the closeout process of the
associated Civil Construction Permit.
The Final Latecomer Agreement Request MUST be
submitted within 120 days after completion and
acceptance of the improvements included in the
Latecomer Agreement. If the Final Latecomers
Agreement is not submitted within the 120-day deadline,
then the Latecomers Agreement Request shall be
terminated. It is the applicant’s responsibility to meet
the 120-day deadline. The applicant shall provide a final
set of all preliminary submittal documents, noting any
changes from the preliminary approval.
The following items are all required in order for the final
submittal to be deemed complete:
Legal description of applicant’s property
Legal description of each of the benefited properties
List of King County tax account numbers (PID#s) for the
benefited properties (.xlsx or .csv format)
Vicinity map of applicant’s property, benefiting
properties, including parcel numbers, and the location of
LATECOMER AGREEMENT APPLICATION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D)
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the improvement, must meet County Recording
Standards
Any additional information requested by the City as part
of the Preliminary Approval
Step 10: City Review Period
Timeline for 1st review: 2 – weeks from Intake.
(Subsequent review timeline: 1- weeks from Intake)
Upon completion of a successful and complete intake of
the submitted materials, the first review cycle will begin.
The City reviewers will evaluate the application for
compliance with applicable codes and regulations.
Step 11: Final Acceptance
Once the review is complete, the City Development
Engineer will provide any comments and markups to the
Applicant.
The City Development Engineer will provide an
acceptance letter to the applicant. The acceptance letter
will outline the method of assessment, the assessment
area, and will include the date of the Utility Committee
Meeting and the date of the Council Meeting.
Step 12: Final Notice
Begin 20- Day Appeal Period.
Upon approval of the Final Latecomer Agreement by City
Council, the City shall mail final notice to all property
owners of record within the latecomer’s boundary and
to the applicant of the Latecomer Agreement.
The final notice will include an approximation of the final
assessment, the proposed latecomer’s boundary map,
conditions of the Latecomer Agreement assigned by the
City, and the description of the property owners’ rights
and options to participate in the utility or street
latecomer’s agreement.
All Latecomer Agreements are subject to a 20-day appeal
period from the date of notice.
Step 13: Appeals
If no appeals are filed, Step 13 is not applicable.
If appeals to the Final Notice are received by the City, the
appeals are then read to the City Council. The City
Council may request that the appeals be delegated to the
Hearing Examiner. Any decisions issued by the Hearing
Examiner are subject to a 14-day reconsideration period
where parties of record may request a reconsideration of
the decision.
If the appeal is accepted by the Hearing Examiner, the
applicant will be required to revise the latecomer
boundary as applicable.
If the appeal is denied by the Hearing Examiner, the Final
Latecomer Agreement is approved.
The general outline of the timeframe for appeals to the
final notice is the same as for the preliminary notice.
Step 14: Final Approval
Final approval will be issued by City Council if all
conditions outlined in City Code have been met. The final
approval will authorize signature of the Final Latecomer
Agreement by the Applicant, Mayor and City Clerk.
The final Latecomer Agreement is mailed to the
Applicant. It must be signed by the Applicant/Owner and
returned to the City Clerk within 60 days from the date
of Council Approval. If the Final Latecomer Agreement is
not signed and returned within the 60-day period, the
Latecomer Agreement will become null and void. The
fully executed Latecomer Agreement will be recorded
with the King County Recorder. Once recorded, the
Latecomer agreement shall be binding on the property
owners of record within the Latecomer Boundary.
LATECOMER AGREEMENT APPLICATION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D)
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Section II: Resources
Additional Resources and City Standards
Civil Construction Permit Process and Submittal
Requirements
City of Renton Standard Details
City of Renton Fee Schedule
Civil Construction Permit Final Inspection and Construction Closeout
Process and Submittal Requirements
Electronic File Standards
Definitions
Applicant
Owner of the developing property to which the Latecomer Agreement is being requested.
Adjacent
Abutting on public roads, streets, right-of-way or easements in which street improvements are
installed or directly connecting to street system improvements through and interest in real property
such as an easement or license.
Assessment
An equitable pro-rata charge to be paid by an owner of a property within the latecomer boundary area
for the cost of private construction of public street and/or utility system improvements.
Benefitting Property
Real property adjacent to street system improvements or likely to require direct connection to, or
service by, utility system improvements constructed by a developer, including the developing
properties requesting the latecomer agreement.
Construction Costs
Direct construction costs, including but not limited to relocation and/or new construction of street
and/or utility system improvements.
Developer
The individual or entity that contracts with the City for the construction of street and/or utility system
improvements, where such improvements are a requirement for development of real property owned
by such entity or individual.
Direct Connection
A service connection, to be owned and maintained by the property owner, from existing or new utility
improvements (i.e. water system taps, side sewer connections, stormwater connections, including, but
not limited to, tight line, down spout and roof leader service connections to storm mains for the
conveyance of site specific stormwater).
LATECOMER AGREEMENT APPLICATION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D)
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Latecomer Agreement
A written contract between the City and one or more developers providing partial reimbursement for
the cost of construction of street system improvements and/or utility system improvements to the
developer by owners of benefitting properties who did not contribute to the original cost of
construction.
Latecomer Boundary Area
That area which includes all parcels of real property adjacent to street system improvements or likely
to require direct connection to, or service by, utility system improvements constructed by a developer,
including the developing properties requesting the latecomer agreement.