HomeMy WebLinkAboutO-3026 - Amending MMC 14.07.010 Capital Improvement ChargesCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. j C '.2 /o
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
RELATED TO CAPITAL IMPROVEMENT CHARGES AND AMENDING
MMC 14.07.010.
WHEREAS, the City is authorized under RCW 35 .92 to establish and maintain water and sewer
systems and establish rates for those services; and
WHEREAS, RCW 35.92.025 authorizes the legislative body of a city to enact charges to
property owners seeking to connect to the water and sewerage system of a city as a condition to
granting the right to so connect; and to establish and maintain water and sewer systems and
establish rates or charges for those services; and
WHEREAS, RCW 35 .92.025 also authorizes the imposition of such reasonable connection
charges as the legislative body of a city shall determine proper so that property owners bear their
equitable share of the cost of the city's sewer and water utility system; and
WHEREAS, through City staffs work with an outside consultant staff became aware that the
City's capital improvement charge for warehouse uses was disproportionately high relative to a
warehouse use's impact on the City's distribution systems; and
WHEREAS, City staff verified that warehouse uses have a disproportionately small impact on
the City's system relative to other commercial and industrial uses and that the reduced
warehouse connection rate for sewer connections was more appropriate for warehouse water
connections; and
WHEREAS, the City Council has determined that the water capital improvement charge for
warehouses is unique and warrants a new and separate classification based on previously
established and adopted sewer use relationships until a comprehensive review can be provided
for ;
NOW THEREFORE, the City Council of the City of Marysville, Washington do ordain
as follows:
Section 1. Amendment. Section 14.07.010 of the Marysville Municipal Code is hereby
amended to read as follows:
14.07.010 Capital improvement charges.
(1) Capital improvement charges shall be assessed on all new connections to the water, sewer
and storm water systems. Capital improvement charges shall also be assessed for a remodel or
expansion of an existing building or use. For purposes of this section, an "existing building or
use" shall mean all commercial or industrial buildings or uses, churches, schools or similar uses,
and all residential buildings or uses where a remodel or expansion increases the number of
dwelling units. The capital improvement charge constitutes an equity payment by new and
existing customers for a portion of the previously existing capital assets of the system. Capital
improvement charges also constitute a contribution to a long-term capital improvement program
for the utility system which includes acquisition of new or larger water sources, construction of
water storage and transmission facilities, and construction of sewer and storm water trunk lines
and treatment facilities. Capital improvement charges shall be paid in full before a new
connection or expansion or remodel to an existing building or use shall be approved. All
payments shall be deposited in the utility construction fund and shall be made prior to building
permit issuance for residential construction and prior to issuance of a certificate of final
occupancy for commercial/industrial construction.
(2) Deferral of Connection Charges Allowed.
(a) Payment of required connection charges may be deferred to final inspection for single
family residential dwelling or multifamily projects with 25 or fevler units.
(b) Payment of required connection charges for a commercial building, industrial building,
or a multifamily development eJrneeding 25 units may be deferred from the time of
building permit issuance in accordance with the follovling:
(i) Fifty percent of the connection charges shall be paid prior to approved occupancy
of the structure; and
(ii) The remaining 50 percent of the connection charges shall be paid within 18
months from the date of building occupancy, or when ownership of the property is
transferred, '>vhichever is earlier.
(c) The pablic works department shall allow an applicant to defer payment of the
connection charges when, prior to submission of building permit application for subsection
(2)(b) of this section or prior to final inspection for subsection (2)(a) of this section, the
applicant:
(i) Submits a signed and notarized deferred connection charge application together
with a $200.00 processing fee and acknowledgement form for the development for
vlhich the property ovmer wishes to defer payment of the charges; and
(ii) 'Nith regard to payment deferment under sabsection (2)(b) of this section, records
a lien for connection charges against the property in favor of the city in the total
amount of all deferred connection charges for the development. The lien for
connection charges shall:
(A) Be in a form approved by the city attorney; and
(B) Include the legal description, tax account number and address of the
property.
(d) Upon receipt of final payment of all deferred charges for the development the director
of the public works department shall execute a separate lien release for the property in a
form approved by the city attorney. The property owner, at their expense, will be
responsible for recording each lien release.
(e) In the event that the connection charges are not paid in accordance v«ith subsection
(2)(b) of this section, the city shall institute foreclosure proceedings in accordance with
state law and as provided herein. In addition to any unpaid collection charges, the city shall
be entitled to interest on the unpaid impact fees at the rate provided for in RCW 19.52.020
or as otherwise allo"ved by la"v and the reasonable attorney fees and costs incurred by the
city in the foreclosure process. Notvlithstanding the foregoing, prior to commencement of
foreclosure, the city shall give not less than 30 days' written notice to the person or entity
whose name appears on the assessment rolls of the county assessor as ovmer of the
property via certified mail \Vith return receipt requested and regular mail advising of its
intent to commence foreclosure proceedings. If the connection charges are paid in full to
the city within the 30 day notice period, no attorney fees, costs and interest vlill be ovt'ed.
(f) In the event that the deferred connection charges are not paid in accordance ·.vith this
section, and in addition to foreclosure proceedings provided in subsection (2)(e) of this
section, the city may initiate any other action(s) legally available to collect such connection
charges.
(g) Compliance '.vith the requirements of the deferral option shall constitute compliance
with the conditions pertaining to the timing of payment of the connection charges.
(h) The deferred payment options set forth in this section shall automatically terminate
three years from the effective date of the ordinance codified in this section without further
action of the city council.
(J2) The following capital improvement charges are established:
Residential Units
Connection Charges
Type of Connection City Outside City Sewer Outside Storm
Water Water Sewer Water
Residential*
11112005 $3,675 $4,305 $3,120 $3,495
Effective 11112006 $4,750 $5,490 $4,490 $4,890 Date
11112011 $95.00
Multifamily Residential**
Effective 8/1/2012 through $3 ,000 $5,490 $3,000 $4,890 Date 8/112015
*Residential living units include multi-unit housing and mobile homes for the purpose of water
and sewer charges. For the purpose of the storm connection charge, only single-family units will
be charged a flat fee; all other land uses will be charged based on the equivalent residential unit
(ERU), as described below.
**The connection charges for multifamily residential development shall be in effect for a three-
year period from August 1, 2012, through August 1, 2015 . Thereafter, the connection charges for
multifamily residential development shall be the same as the connection charges for residential
development.
Commercial/Industrial
Connection Charges
Water
City Outside City
Effective Date 11112005 Effective Date 11112005
0 -2,000 gpm $1.64/sf 0 -2,000 gpm $1.99/sf
2,001 -4,000 gpm $2.40/sf 2,001 -4,000 gpm $2.87/sf
4,001+ gpm $3.16/sf 4,001 + gpm $3.80/sf
Warehouses
City Outside
·----··-----------·----1----.
Effective Date 7/15/2016 Effective Date 7/15/2016
Warehouses/Storage $0.48/sf W arehouses/S to rage $0.65/sf
·--
25% rate reduction for automatic sprinkler system.
Sewer
City Outside City
Effective Date 1/1/2005 Effective Date 1/1/2005
Retail Sales/Manufacturing/ $1.03/sf Retail Sales/Manufacturing/
Churches/Schools/Day Care Churches/Schools/Day Care
Offices/Medical/Dental/Nursing $1.67/sf Offices/Medical/Dental/Nursing
Homes and all other uses not listed Homes and all other uses not listed
Warehouses/Storage $0.49/sf Warehouses/Storage
Restaurants/Taverns $2.38/sf Restaurants/Taverns
25% rate reduction for schools without kitchens.
Storm Water
Effective Date 1/1/2011
1 ERU* $95.00
*An equivalent residential unit (ERU) equals 3,200 square feet of impervious surface area.
Nonresidential projects will be charged $95.00 per ERU. See Chapter 14.19 MMC for
definitions.
$1.24/sf
$2.00/sf
$0.65/sf
$2.86/sf
Water Service Installation Fee
Effective 111112006 Date
5/8" x 3/4" $1,050
3/4" x 3/4" $1,075
1 " $1,200
1-112" $1,600
2" Time and materials costs/
minimum of $1,900
Drop-in Meter Fee
Effective Date 111112006
5/8" x 3/4" $500.00
3/4" x 3/4" $525.00
l" $560.00
1-112" $750.00
2" $850.00
3" and over Charge time and material/
$3,500 minimum
Hotel/Motel Connection Charges
City Water Outside Water City Sewer Outside Sewer
Effective 11112005 $1,405 $1,646 $1, 193 $1,336
Date 11112006 $1,816 $2,099 $1,717 $1,870
( 43) "Floor space" is defined as the net square footage measured from the interior walls,
including interior partitions.
(M) The capital improvement charges for sewer connections shall be reduced by $50.00 per unit
or $0.045 per square foot when the affected property participated in a utility local improvement
for the construction of the sewer main.
(65) Capital improvement charges for sewer connections to commercial and industrial units shall
be reduced by 50 percent for any floor space in the premises which is committed to being used as
warehouse space for storage purposes only.
(+6) If the use of any premises connected to city utilities is converted from a residential
occupancy to a commercial or industrial occupancy (as defined in subsection (3) of this section),
or from a warehouse use to an active commercial or industrial use, the owner of the premises
shall immediately report such conversion to the city and shall pay the extra capital improvement
charge which is then required for such an occupancy. Failure to report such a conversion, and
pay the extra charge, within 90 days of the new occupancy shall result in the extra charge being
doubled as a penalty.
(&7) The capital improvement charge for utility connections in recreational vehicle parks shall be
calculated as follows:
(a) For each connection to a recreational vehicle pad, the charge shall be 50 percent of the
charge provided in subsection (3) of this section relating to residential living units.
(b) For every other connection in a recreational vehicle park, the charge shall be the same
as provided in subsection (3) of this section for residential living units.
(98) If a building with a lawful water and/or sewer connection to the city utility system is
demolished and replaced with a new building requiring utility connections, the capital
improvement charges assessed for the new connections shall be discounted by the amount which
would have been paid, under current schedules, for the connections which previously served the
demolished building.
Section 2. Severability. If any section, subsection, sentence, clause, phrase~ or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, sentence, clause, phrase~ or word of this ordinance.
Section 3. Effective Date. This ordinance shall become effective five days after the date of
its publication by summary.
.-.;,...._ -PASSED by the City Council and APPROVED by the Mayor this Z?L -day of .> ~
2016.
CITY OF MARYSVILLE
ATTEST:
Approved as to form:
Date of Publication: -~-9+-~~l-+-~_,,_-.... l, __
Effective Date: 7 /15/16 ,-'-'--'="--=--=-....~~~~~-