HomeMy WebLinkAbout2579 Development Standards for Water, Sewer & Stormwater ImprovementsORDINANCE NO. 2579
AN ORDINANCE FOR ~ CITY OF PORT TOWNSEND RELATING TO
PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE AND SETTING
FORTH DEVELOPMENT STANDARDS FOR WATER, SEWER AND
STORMWATER IMPROVEMENTS; REORGANIZING TITLE 13, CHAPTERS
13.01 THRU 13.32, INTO NEW SECTIONS TITLED "GENERAL,' "WATER,'
"SEWER,' AND "STORMWATER,' AND AMENDING NUMEROUS
PROVISIONS; RECODIFYING CHAPTER 16.12 WITHIN TITLE 13; ADOPTING
AN ENGINEERING DESIGN STANDARDS MANUAL, AND ESTABLISHING AN
EFFECTIVE DATE; AND AMENDING OTHER CHAPTERS
FINDINGS AND RECITALS
1. The City of Port Townsend adopted its Comprehensive Plan in accordance with
the Washington~State Growth Management Act (GMA) on July 15, 1996, Ordinance No.
2539. All findings, recitals and other provisions of Ordinance No. 2539, and all provisions of
the Comprehensive Plan are incorporated herein by this reference.
2. The existing Title 13 sets forth regulations and prescriptive standards for the
operation of and connection to the city's water, sewer and stormwater systems.
3. The City Council desires to reorganize and update the existing Title 13 in order
to create a clear and unified code by adopting a new Title 13 organized into headings of
General, Water, Sewer and Stormwater, and in order to implement the Comprehensive Plan.
4. Since Title 13 includes stormwater utility regulations it is appropriate to move
Chapter 16.12 (Drainage Plans) into Title 13.
5. In EMridge, et al. vs. City of Port Townsend, WWGMHB No. 96-0029, Final
Decision and Order (February 5, 1997), petitioners appealed the City's Comprehensive Plan to
the Western Washington Growth Management Hearings Board, alleging that the City's Plan
failed to comply with the GMA. However, after a full hearing on the merits, the Hearings
Board held that the City's Comprehensive Plan far exceeds mandatory GMA requirements;
involved exemplary public process; provides significant benefit for the Port Townsend
community; provides a thorough and complete capital facilities analysis tied to land use
planning which ensures the adequacy of capital facilities to serve growth and to promote Port
Townsend's future economic development; and serves "as a model" for other cities. The
Hearings Board held that the City has "complied with the GMA in all respects challenged by
the petitioner." With this Ordinance, the City Council implements the City's Comprehensive
Plan through the adoption of infrastructure improvement requirements which are fully
consistent with the GMA and the Comprehensive Plan.
6. The Port Townsend Comprehensive Plan contains goals, policies, implementing
strategies and a land use map intended to establish the character, quality and pattern of the
future physical development of Port Townsend. The provisions of this title are necessary to
implement the goals and policies of the Comprehensive Plan, in particular Chapter VII, the
Capital Facilities and Utilities Element.
7. The Comprehensive Plan Capital Facilities and Utilities Element sets forth the
following tiering strategy and policies:
Goal 2:
To phase the timing and provision of capital improvements in a manner that
promotes orderly growth and development and the efficient use of City
resources.
Policy 2.1:
Ensure that the growth and development patterns established in the Land Use
Element minimize facility demands for transportation, water treatment and
distribution, wastewater treatment, surface water management, and police
and fire protection.
Policy 2.2:
Make efficient and cost-effective use of existing public facilities, including
such techniques as: conservation; demand management and improved
scheduling; shared use of public facilities; and the use of alternative
technologies.
Policy 2.3:
Expand public facilities, or construct new public facilities, only when
necessary to achieve efficient service delivery or attain identified levels of
Policy 2.4:
Identify and designate urban growth tiers which are consistent with and
support the growth and development patterns established in the land Use
Element.
2.4.1
Designate areas that are currently characterized by urban development and
densities which are provided with the full range of public facilities and
utilities, as "Tier 1" areas.
2.4.2
Designate areas currently provided with limited public infrastructure which
are designated for commercial, manufacturing, or higher density residential
development, as "Tier 2" areas. (Note: This would include the
unincorporated portions of the final urban growth area (FUGA) if
designated).
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2.4.3 Designate all remaining areas as "Tier 3."
Policy 2.5:
Within the framework of the annual Capital Improvement Program (CIP)
process, prioritize the provision of capital facilities, services and utilities.
2.5.1
Highest priority should be given to ensuring the continued operation and
maintenance of urban capital facilities, services and utilities regardless of
their location.
2.5.2
Second priority should be given to expanding capital facilities, services and
utilities within Tier 1 areas.
2.5.3
Third priority should be given to exPanding capital facilities, services, and
utilities within Tier 2 areas, within the 20 year planning horizon.
2.5.4
Lowest priority should be given to expanding capital facilities, services, and
utilities within Tier 3 areas.
Policy 2.6
Consistent with policy 2.5 above, the City should not provide capital
facilities, services and utilities in unserved areas unless clearly specified
within the annual CIP. However, developers and home builders may, at
their own expense, provide facilities, services and utilities for new
development in presently unserved areas, based on adopted level of service
standards.
8. The Growth Management Act states as follows with regard to
phasing/tiering of growth and infrastructure:
R CW 36.70A. 110(3): "Urban growth should be located first in areas already
characterized by urban growth that have adequate existing public facility and
service capacities to serve such development, second in areas already
characterized by urban growth that will be served adequately by a combination
of both existing public facilities and services and any additional needed public
facilities and services that are provided by either public or private sources, and
third in the remaining portions of the urban growth areas.'
9. While the provision cited in Finding 8 is applicable to Counties designating
UGAs, the City and the County based the Countywide Planning Policies (CWPP) regarding
phasing upon this provision. Additionally, the Growth Management Hearings Boards have
cited this provision of the GMA as legal support of City growth and utilities phasing/tiering.
The City's Comprehensive Plan is designed to implement this policy.
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10. CWPP 1.5 requires that "land use plans, regulations and capital facility plans
within each UGA will be designed to accommodate the projected population." Further, growth
is to be directed into "two tiers.' The first tier is to accommodate "existing commercial centers
and urbanized areas where the six (6) year capital facilities plan is prepared to provide urban
infrastructure.' The second tier is to accommodate "areas included within a capital facilities
plan to receive the full range of urban services within twenty (20) years." Infrastructure
improvements necessary to support development in the second tier 'iv///be provided by the
developer concurrent with development, or by public entities as a result of implementing all or
a portion of the Capital Facilities Plan" [emphasis added.].
11. In Eldridge, et al. vs. Port Townsend, supra, the Hearings Board stated:
" . IT]he City adopted a three-tier approach for maximizing efficient use of existing
infrastructure and providing for future infrastructure. Tier I is located where existing
infrastructure is adequate to sustain current population growth and development
patterns. Tier II is located where adequate infrastructure can be expanded in the near
term by either public or private funding. Tier III is located on the outer reaches of the
City and is not scheduled for development until much later when public funding may be
available or unless a developer fully funds all infrastructure costs. This tiering method
not only complies with the Act but goes well beyond compliance to achieve one of the
fundamental purposes of the Act; to maximize efficient use of tax dollars." (Order,
Page 6.)
12. In addition to implementing the Comprehensive Plan, it is the further intent of
the Council to revise Title 13 PTMC so as to make provisions for mitigating the direct impacts
of development on existing utility services in the City of Port Townsend. The City Council
finds that new developments have the potential for impacting utility services in such a way as
to create serious health, safety and welfare problems, and that the owners of new
developments should be responsible for utility improvements to the extent reasonably necessary
to mitigate the direct impacts of such development.
13. The City Council finds that it is desirable to remove the majority of the
prescriptive and performance standards from the code itself and put them in an Engineering
Design Standards Manual, so as to make development requirements more uniform, consistent
and predictable for the development community, and to aid city staff in implementing
improvement requirements and analyzing project infrastructure impacts.
14. Title 13, therefore, adopts and requires conformance with the Public Works
Department's Engineering Design Standards Manual. Fundamentally, the Engineering Design
Standards Manual will create uniform and predictable design standards, specifications,
requirements and procedures to ensure that necessary public and private facilities and
infrastructure are installed to protect the public from inadequate and/or unsafe water system,
wastewater and stormwater improvements.
15. If public and private facilities and improvements are not constructed in
conformance with adopted engineering design standards, as approved by the City, there is a
substantial risk that the improvements may impose significant health and safety risks upon the
public. Further, inadequate public facilities and improvements can be difficult and costly for
the public to repair and maintain.
16. All engineering design standards for public and private facilities and
infrastructure were deliberately omitted from Titles 17 and 18 PTMC, relying upon the
separately adopted and codified engineering design standards in this Title 12, Title 13, and the
Engineering Design Standards Manual.
17. The Land Division Ordinance, Chapter 18.24 PTMC, adopted and incorporated
by reference all requirements of the City's engineering design standards, including Titles 12
and 13 PTMC and the Public Works Department's Engineering Design Standards Manual,
requiring that all applications subject to the Ordinance comply with clear, predictable
engineering design standards which balance the initial capital costs of improvements with long
term operation and maintenance costs.
18. For the most part, the historic platting of properties in Port Townsend was not
subjected to regulatory review, and was not conducted in compliance with mandatory
regulatory requirements, including but not limited to the State Subdivision Act, Chapter 58.17
RCW, the Growth Management Act, Chapter 36.70A RCW, the Shoreline Management Act,
Chapter 90.58 RCW, and the State Environmental Policy Act, Chapter 43.21C RCW, as well
as local plans and ordinances adopted to implement Washington regulatory requirements. In
adopting the Land Division Ordinance, the Council found that as a matter of law and public
policy, there is no rational basis to discriminate in favor of owners of historically platted lots
by exempting such properties from regulatory standards applicable to unplatted properties
posing similar impacts upon public services, facilities, infrastructure and the environment.
The Council further found that historically platted lots are not exempt from, and shall be
subject to local, state and federal land use regulations and controls.
19. By allowing the construction and development on historic platted properties
without compliance with land use and environmental controls (particularly Chapter 58.17
RCW), the City would encourage and facilitate haphazard, unplanned development which
would not adequately construct necessary public facilities to serve the health and safety needs
of purchasers of platted lots and other members of the community, imposing financial burdens
on the City's taxpayers and utility ratepayers to fund infrastructure which, under Washington
law, should be installed by subdivision applicants and developers prior to obtaining fmal plat
approval, and prior to the conveyance of lots.
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20. The construction upon, and the development of lots which are rendered
"nonconforming" by the enactment of minimum lot size and density standards contained within
Title 17 PTMC, and are inconsistent with the Land Division Ordinance, Title 18, PTMC,
Chapter 43.21C RCW (SEPA), Chapter 58.17 RCW (Subdivision Act), Chapter 36.70A RCW
(GMA), and the 1996 Port Townsend Comprehensive Plan, undermines the important public
purposes of Washington law and the Port Townsend zoning code, including but not limited to
the installation of necessary public facilities, and the protection of public safety and
environmental quality, and is contrary to the public interest as set forth in the Port Townsend
Comprehensive Plan.
21. The Land Division Ordinance, Chapter 18.18, sets a threshold for
administrative, "Type I" review for nine or fewer platted lots of record, through the use of
checklists, allowing owners of lots of record the opportunity to obtain regulatory review of
development plans for lots of record at the time they seek building permits, with minimal
regulatory burdens. However, in adopting Title 18, the Council found that the City has the
authority to require the redivision of properties in compliance with Chapter 58.17 RCW where
the layout, design and feasibility of infrastructure provision for platted lots fail to meet the
mandatory requirements of State, federal and local land use and environmental laws. For
applications involving more than nine lots of record, the Council found that the development
will impose impacts upon neighborhoods and the City as a whole, including but not limited to
the efficient provision of infrastructure, requiring public notice and hearings available through
full "Type IH" subdivision review, as further set forth in Title 18.
22. By enabling administrative "Type I" review through the City's authority under
Chapter 58.17 RCW for up to the maximum number of lots allowed under Washington law,
RCW 58.17.020(6), applications for recognition of lots of record will be processed
expeditiously under predictable, clear regulatory standards, serving the important public
purpose of treating ail properties in the City uniformly under land use and environmental laws,
as further set forth in Title 18.
23. In addition to implementing the Comprehensive Plan tiering strategy,
subdivision law and nexus requirements, this new Title 13 is necessary to update and revise
code provisions related to processing utility applications, payment of fees and other procedural
requirements.
24. The City Council desires to make system development charges due at the time
of building permit approval (as opposed to building permit application), thereby enhancing
opportunities for affordable construction while assessing project impacts at the time projects
will tap into utility systems.
25. The City Council desires to include an alternative financing method section of
the Street Latecomer Ordinance (Chapter 12.26) in the Utility Latecomer Ordinance
provisions, in order to broaden the City's ability, in appropriate cases, to join in the financing
of utility improvements, subject to reimbursement under a Utility Latecomer Agreement.
26. Given the high number of overdue accounts each month and the burden this
places on the utilities department and utility ratepayers, the City Council desires to amend the
penalties for delinquent utility accounts and to create a deposit procedure for commercial
accounts.
27. Irrigation taps have the same types of costs (i.e., reserved water capacity, meter
readings, administrative costs and repair costs) as domestic taps, and often impose an
additional burden on the system due to location and excessive water use during peak summer
hours; therefore, the City Council desires to provide that irrigation taps for premises that are
not also served by a domestic tap shall pay monthly base rates throughout the year. In
addition, the City Council desires to provide those persons who have no current or intended
use of an irrigation tap with a process for officially abandoning a tap and thereby avoid
payment of the ongoing base rate.
28. To avoid adverse impacts upon groundwater and to ensure connection to the
municipal water system, the City Council desires to allow wells within its service area for in-
city irrigation purposes only.
29. To avoid confusion with the pre-application conference requirements of Chapter
20.01 PTMC, the City Council desires to change the former public works Upre-application'
review to a public works "technical conference," to include a meeting between the developer
and public works staff and written review, valid for a period of one year provided that no
substantial changes are made to the proposed project, with a credit given in Tier 1 towards the
street and utility development permit application fee, consistent with the City's adopted tiering
strategy.
30. In order to increase consistency and uniformity in the administration of street
and utility development permits, the City Council desires to make the permit valid for a period
of one year or as long as there is a valid building permit.
31. The City Council desires to adopt a uniform appeals procedures, making
specified decisions of the public works director appealable to a hearings examiner pursuant to
the provisions of Chapter 1.14 PTMC, as amended.
32. The City Council desires to require surveying for all development where
necessary to determine the limits of the right-of-way for utility placement and in order to
ensure that installed utilities are properly located.
33. Consistent with Department of Health rules and regulations and the practices of
other jurisdictions, the City Council desires to require engineered drawings of all utility line
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extensions or replacements, in order to assure that such utilities are designed in accordance
with the Engineering Design Standards Manual.
34. Since Tier 1, by definition, includes areas that are currently characterized by
urban development which are provided with the full range of public facilities and utilities,
engineering is less complicated and utilities are necessarily closer to development, thereby
justifying city-engineering of such utility extensions or replacements.
35. The City Council therefore desires to set a fee for city-engineered utility and
street design drawings at a significantly reduced level in Tier 1 to reflect the City absorbing a
share of engineering design costs in Tier 1 based on the Comprehensive Plan tiering strategy
and direction to promote "infill' development.
36. The City Council recognizes that waivers or modifications from the standards or
requirements of the Engineering Design Standards Manual may be necessary or appropriate
under certain situations. In order to make implementation of waivers/modifications fair and
predictable, the City Council desires to set criteria to be followed by the public works director,
and to establish a procedure whereby such waivers or modifications may be granted on a case
by case basis. The City Council further desires that where such waivers or modifications are
granted, or for any projects with reduced improvement requirements, the property owner shall
be required to sign a no-protest to future formation of an Local Improvement District, as
authorized by RCW Chapter 35.43.
37. Review of this ordinance has been conducted in accordance with Chapter
43.21C RCW, the State Environmental Policy Act (SEPA); and
38. The City Council's Utilities Committee and the Transportation Committee held
numerous public meetings on Titles 12 and 13 and the Engineering Design Standards Manual,
and the City Council held a public meeting on Titles 12 and 13 and the Engineering Design
Standards Manual on April 15, 1997, to receive public comment on the same. The City
Council adopts the findings and recitals contained within this ordinance in response to
presentations and testimony presented, and all deliberations occurring at the Utilities and
Transportation Committees' meetings and the City Council public hearing.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
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SECTION 1. Title 13, Water and Sewers and Chapter 16.12 PTMC, Drainage Plans,
are repealed in their entirety. A new Title 13 is hereby created to read, Title 13, Water,
Sewer and Stormwater, and shall be codified as follows:
Title 13
WATER, SEWER AND STORMWATER
Article I.
13.01
13.02
13.03
13.04
13.05
General Utility Provisions
Procedures for Utility Development
Low-Income, Low-Income Disabled and Low-Income Senior Citizen Utility Credit
Program
System Development Charges for Water and Sewer Connections
Utility Latecomer Agreements
Utility Rates and Charges
Article
13.11
13.12
13.13
13.14
13.15
13.16
13.17
II. Water
Water Service - General Provisions
Water Service and Reservation System Outside of City
Water Service Connections
Water Main Extensions, Replacements and Other System Improvements
Water Service Turn ons and Shut offs
Water Meters
Cross Connections
Article III. Sewer
13.21 Sewer System - General Provisions
13.22 Sewer Connections
13.23 Sewer Main Extensions, Replacements,
Improvements
Pump Stations and Other System
13.24 Classification of High-Strength Wastewater, Charges Associated with Such Discharges,
and Pretreatment Requirements
Article IV. Stormwater
13.31 Stormwater Utility Service- General Provisions
13.32 Stormwater Management Requirements
Chapter 13.01
PROCEDURES FOR UTILITY DEVELOPMF~NT
Sections:
13.01.010
13.01.020
13.01.030
13.01.040
13.01.050
13.01.060
13.01.070
13.01 .O80
13.01.090
13.01.100
13.01.110
13.01.120
13.01.130
13.01.140
13.01. I50
13.01.160
Intent/Purpose.
Definitions
Administrative procedures.
Public works technical conference; fees
Engineering design standards manual adopted - Purpose.
Rules for administration and enforcement.
Compliance with federal, state and local requirements.
Permit required - Revocation - Expiration - City Exemption - Warranties.
Inspection - Fees - Deposit required.
Construction and maintenance bonds.
Administrative and judicial appeals.
Tiering - Expenditure of public funds.
Waiver/modification of the required utility improvement standards.
Utility variances
No protest agreements
Liability of city.
13.01.010 Intent/Purpose.
A. It is hereby found that the acquisition, construction, and improvement of
utilities to serve new developments in the City of Port Townsend and in the out-of-city water
service areas are a major burden upon the city utility. The City of Port Townsend, as an
urban growth area and as a utility provider expects to experience an increasing intensity of
land use and population growth which creates large demands for city services, including
utilities, that existing and projected city utility funds are inadequate to meet the public's
projected utility needs; and that failure to ensure that utility improvements are made as utility
demand increases causes safety problems or interferes with the comfort and repose of the
public.
B. The purpose of Title 13 is to establish the authority of the public works director
to impose conditions upon development to mitigate the problems caused by a particular
development or use. The basis for this authority comes from the following statutes:
Article XI, § 11 of the State Constitution; Title 18 PTMC and Chapter 58.17 RCW
(Subdivisions), Chapter 19.04 and 43.21C RCW (SEPA), Chapter 19.05 (F_3A ordinance),
RCW 35A.63. lo0 and RCW 35A.47.020, the Uniform Fire Code (adopted in Title 16
PTMC), and all other applicable federal, state, and local laws.
C. This Title 13 of the Port Townsend Municipal Code applies to all water, sewer
and stormwater utility development within the city of Port Townsend and all water utility
development in Port Townsend's out-of-city water service areas.
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D. This title provides uniform, predictable standards for property development
throughout Port Townsend and in the out-of-city water service areas. This rifle is further
intended to implement the Port Townsend Comprehensive Plan. This title is intended to
require compliance with the city's engineering design standards manual for public
improvements necessary to serve all areas of the city and the out-of-city water service areas, to
ensure that appropriate public services and facilities, including utilities, are provided
concurrently with development in accordance with the Growth Management Act, Chapter
36.70A RCW, and to ensure that all properties in the city uniformly comply with all
regulatory standards and requirements to protect public health, safety and welfare and the
protection of the built environment. Additionally, this rifle is intended to provide for the
equitable sharing of improvement costs.
E. The purpose of Chapter 13.01 PTMC is to set forth the administrative
procedures for water, sewer and stormwater system development. All of the provisions in this
chapter apply to water, sewer and stormwater utilities.
13.01.020 Def'mitions
A. General. The words used in this title shall have the meaning given in this
section. This section on definitions is supplemented by the engineering design standards
manual, as now or later amended, adopted by reference in section 13.01.050 below. The
definition of any word or phrase not listed in the definitions which is in question when
administering this title shall be defined from one of the following sources. Said sources shall
be utilized by finding the desired definition from source number one, but if it is not available
there, then source number two may be used and so on. The sources are as follows:
1. Any city of Port Townsend resolution, ordinance, code, regulation or formally
adopted comprehensive plan, shoreline master plan or program or other
formally adopted land use plan;
2. Any statute or regulation of the state of Washington;
3. Legal definitions from Washington common law or a law dictionary;
4. The common dictionary.
B. Specific definitions.
"Airgap" means a backflow prevention device that provides an unobstructed vertical distance
of at least twice the inside diameter of the supply line, but never less than one inch, through
the free atmosphere between a supply line outlet and the overflow rim of a receiving vessel.
"Average daily flow" means the total yearly flow divided by the days of operation.
"Backflow" means the flow of water or other liquids, mixtures, or substances into the
distribution pipes of a potable supply of water from any source or sources other than its
intended source.
"Backflow prevention device" means a device, assembly, or means to prevent backflow into
the potable water system, either by back-siphonage or back pressure.
"Back pressure" means the backflow of used, contaminated, or polluted water from a
plumbing fixture or vessel into a water supply pipe due to pressure created by booster pumps,
boilers, pressure vessels, or elevated plumbing that exceeds the main pressure or operating
pressure of the water supply pipe.
"Back-siphonage" means the backflow of used, contaminated, or polluted water from a
plumbing fixture or vessel into a water supply pipe due to a negative pressure in such pipe.
"BCD" means the Building and Community Development Department.
"Benefit area" means that area which includes parcels of real estate adjacent to, or likely to
require a service connection to, improvements made by a developer who has applied to the city
for a utility latecomer agreement pursuant to this chapter.
"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five days at 20
degrees centigrade, expressed in milligrams per liter (mg/1).
"City block means one city block, of approximately 260 feet or less.
"Clerk" means the clerk of the city of Port Townsend.
"Commercial/multi-family property" means and includes all property zoned or used for
multifamily, commercial, or retail uses.
"Commercial services" means water or sewer services to businesses engaged in the
manufacture and/or sale of a commodity or commodities or the rendering of a service, hotels,
motels, institutional establishments such as hospitals, nursing homes, places of worship and
schools, and mixed use centers (mixed commercial and residential units).
"Comprehensive drainage plan" means a detailed analysis for each drainage basin which
compares the capabilities and needs for runoff accommodations due to various combinations of
development, land use, structural and nonstructural management alternatives.
"Computations" means calculations, including coefficients and other pertinent data, made to
determine the drainage plan with rates of flow of water given in cubic feet per second and
cubic meters per second (cms).
"Cost of construction" means, for the purpose of Chapter 13.04, those costs incurred for
permitting, design, engineering, surveying, inspection, acquisition of right-of-way and/or
easements, labor, materials and installation required in order to create an improvement which
complies with city standards. If the city engineer and the developer disagree about the "cost of
construction" in a particular situation, the determination of the public works director shall be
"Co-tenant" means any person living in or upon the same premises as those occupied by the
low-income senior citizen.
"Council" means the city council of the city of Port Townsend.
"Cross-Connection" means any connection between any part of the water system used or
intended to supply water for drinking purposes and any source or system containing water or
substance that is not or cannot be approved as safe, wholesome and potable for human
consumption.
"Customer" means all persons obtaining water service from the water supply system or sewer
service through the sewer system of the city of Port Townsend.
"Deleterious wastes" means wastes that are or may be corrosive or harmful to the wastewater
treatment facility, pump stations, sewer mains and/or facility effluent or biosolids, or which
may violate city, state or federal standards.
"Department" means the public works department of the city of Port Townsend.
"Design storm" means that rainfall event which is selected by the public works department for
purposes of design, specifying both the return period in years and the duration in hours.
"Detention facilities" means facilities designed to hold runoff while gradually releasing it at a
predetermined maximum rate.
"Developer" means any person, including his/her authorized representative, proposing to
engage or engaging in the development of a parcel.
"Developer reimbursement charge" means a fair pro rata share to be paid by an owner of
property within an area benefited by the private construction of municipal water, sewer, or
storm drainage improvements pursuant to this chapter, who did not contribute to the original
cost of such improvements. The term "developer reimbursement charge" may be used
interchangeably with the terms "utility latecomer charge" or "utility latecomer fee."
"Development" means (1) construction of a new dwelling unit, mixed use center, commercial
or manufacturing establishment, or other new structure on a vacant lot or parcel; or (2) a
redevelopment or change in the intensity of the use of an existing structure that creates an
appreciable impact on existing infrastructure.
"Developmental coverage" means all developed surface areas within the subject property
including, but not limited to, rooftops, driveways, carports, accessory buildings, parking
areas, and any other impervious surfaces. During construction "development coverage" shall
include the above in addition to the full extent of any alteration of previously occurring soils,
slope or vegetation due to grading, temporary storage, access areas, or any other short-term
causes.
"Director" or "public works director" means the director for the city of Port Townsend public
works department or his or her designee, and shall include without limitation, the city engineer
and the city development review engineer.
"Drain" means any conductor of liquids.
"Drainage area" means the watershed contributing water runoff to and including the subject
property.
"Drainage plan" means a plan for collection, transport, treatment, and discharge or recycling
of water within the subject property.
"Drainage treatment/abatement facilities" means any facilities installed or constructed in
conjunction with a drainage plan for the purpose of treatment or abatement of urban runoff,
excluding retention or detention facilities.
"Fireflow' means the rate of water flow needed to fight fires as defined by the city engineering
design standards manual.
"Force main" means a pressurized sewer main.
"Garbage" means solid waste from the preparation, cooking and dispensing of food and from
the handling, sale and storing of produce.
"High strength waste" means any wastewater which has a concentration higher than typical
domestic wastewater as further deemed under Chapter 13.24 PTMC.
"Impervious area" means any part of any parcel of land that has been modified by the action of
persons to reduce the land's natural ability to absorb and hold rainfall. This includes areas that
have been cleared, graded, paved, or compacted. Excluded, however, are all lawns and
landscaped areas.
"Industrial Services" means water or Sewer service to a business enterprise engaged in the
manufacture of products, materials, equipment, machinery and supplies on a substantial or
major scale.
"Industrial waste" means the wastes from industrial process as distinguished from sanitary
wastewater.
"Interceptor" means any gravity sewer main greater than 18 inches in diameter or sewer force
main greater than 10 inches in diameter.
"Irrigation service" shall mean a water service with a separate meter used for recreational,
landscaping, agricultural, horticultural or other exterior residential or commercial watering
system within the city limits and pre-existing, grandfathered systems in the city's out-of-city
water service area.
"Low-income" means a person who has a total current annualized household income from all
sources of 100 percent or less of poverty level based upon total household size using poverty
level calculations established by the state of Washington for Jefferson County or by the federal
government if state calculations are not available.
"Low-income disabled" means a person who:
a. Receives Supplemental Security Income pursuant to 42 USC Sections 1381 - 1383,
as now or hereafter amended, or
b. Receives Supplemental Security Disability Income pursuant to federal law, as now
or hereafter amended, and is able to establish that current annualized household income from
all sources will not exceed $18,000, or
c. Is eligible for and in fact receives a federal, state or private disability pension, and
who is able to establish that current annualized household income from all sources does not
exceed the sum of $18,000 per year.
"Low-income senior citizen" means a person 62 years of age and over, whose total income,
including that of his or her spouse or cotenant, does not exceed the sum of $18,000 per year.
"Main, sewer" means a city-owned pipe or conduit for carrying wastewater.
"Main, water" means a water line that is a component of the water distribution system and is
designed or used to serve more than one premises.
"Manifold meter" means a separate meter installed for commercial or industrial establishments
in order to separate flow from water and sewer where water is used for non-sewer purposes,
such as cooling water, irrigation, landscaping, etc.
"Multi-family service" means service to a triplex, fourplex, apartment buildings,
condominiums, mobile home parks, trailer courts, or similar type of dwelling unit
arrangements on a single premise.
7
"Natural location of drainage systems" means the location of those channels, swales, and other
non-manmade conveyance systems as defined by the first documented topographic contours
existing for the subject property, either from maps or photographs, or such other means as
appropriate.
"Peak discharge" means the maximum surface water runoff rate (cfs and cms) determined for
the design storm.
"Person" means persons of either sex, and associations, co-partnerships and corporations,
whether acting by themselves or by a servant, agent or employee.
"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter
of solution.
"Planned unit development" means residential developments which are planned and/or
developed in several stages but submitted together for approvals, and which typically consist of
clusters of multi-unit structures interspersed with areas of common open spaces.
"Premises" means a private, home, building, parcel of property, lot(s), multi-family service,
or group of adjacent buildings utilized under one ownership and under a single control with
respect to use of the city's water or sewer system and responsibility for payment therefor.
"Pretreatment" means the reduction of biochemical oxygen demand (BOD), total suspended
solids (TSS), volatile suspended solids (VSS), fat, oil and grease (FOG), hydrogen-ion
concentrations (pH), heavy metals, or other deleterious waste by using screening, chemicals,
biological oxidation, equalization tanks and other applicable methods and procedures prior to
discharge to the city sewer system.
"Private sewer" means the sewer line and disposal system constructed, installed or maintained
where connection with the public sewer system is not required herein.
"Properly shredded garbage" means garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally prevailing in public sewers,
with no particles greater than three-eighths inch in any dimension.
"Property" means and includes all lands, real estate and development, public and private,
including road, street, and highway rights-of-way, and all governmental, tax-exempt, and
other property within the city limits of the city or such other areas as the city drainage system
may serve.
"Property owner" means the record owner, based on the records of the Jefferson County
assessor, on the day the utility latecomer agreement is signed by the parties.
"Public place" or "public area" means any space dedicated to or acquired for the use of the
general public.
"Receiving bodies of water" means creeks, streams, lakes and other bodies of water into which
waters are directed, either naturally, in manmade ditches, or in closed conduit systems.
"Residential service" means a water or sewer service connection to a single-family dwelling
unit or duplex (two-family dwelling).
"Retention facilities" means facilities designed to hold water for a considerable length of time
and then consume it by evaporation, plant transpiration, or infiltration into the soil.
Right-of-way means property acquired by or dedicated to the city and available for use in
pedestrian, vehicular or other transportation modes. Right-of-way may or may not be
accessible for public use, and may or may not be an "opened street.'
"Right-of-way improvement method report" shall have the same meaning as set forth in PTMC
18.12.090.
"Sanitary wastewater" means wastewater of a residential or commercial nature.
"Sanitary service connection" means that portion of the sewer system connecting the premises
to the sewer main, including the sewer tap and all piping and fittings from the main.
"Sewer system" means all sewer collection and transmission pipelines, pump stations,
wastewater treatment facilities, biosolids handling facilities, ouffalls, and appurtenances.
"Single-family unit" means and includes all individual dwelling units and each half of all
duplex dwelling units.
"Subject property" means the tract of land which is the subject of the permit and/or approval
action as defined by the full legal description of all parcels involved in the proposed
development.
"Suspended solids (SS)" means the residue from wastewater which remains after filtration in
accordance with the appropriate procedures contained in the latest edition of Standard
Methods.
"Tiers 1, 2 and 3" refer to the city's infrastructure tiering strategy in accordance with the Port
Townsend Comprehensive Plan (see Capital Facilities & Utilities Element, pages VII-4 to VII-
5, Policies 2.4.1 through 2.4.3). A map designating the various tiers is contained in the
engineering design standards manual.
"Total income" includes but is not limited to all pensions, whether from private or government
sources, any disability payments, interest, dividends, annuity proceeds, and all and every other
amount which may be available to the low-income senior citizen for purposes of spending the
same.
"Transmission main" means water mains that transport water to a large geographical area of
the city and are generally greater than or equal to 12 inches in diameter.
"Treasurer" means the city treasurer of the city of Port Townsend or his or her designee.
"Utility latecomer agreement" means a written contract between the city as approved by the
city council and executed by the mayor, and one or more developers providing both for
construction of water, sewer, or storm drainage facilities and for partial reimbursement to the
developer by owner(s) of properties benefited by the improvements. Although referred to
generically as "utility latecomer agreements" for ease of reference, such agreements will be
processed separately as water latecomer agreements, sewer latecomer agreements, or storm
drainage latecomer agreements, each with their own application fee, reimbursement benefit
area and charge and notice requirements.
"Wastewater" means the combination of the water and wastes carried from residences,
business buildings, institutions and industrial establishments, which wastes contain polluted
water requiring treatment at the wastewater treatment facility.
"Water service area" means that area consisting of the corporate limits of the city of Port
Townsend and those areas outside of the city that have been designated for water service by
ordinance of the city council or by the city's Water System Plan.
"Water service installation or service connection" means that portion of the water system
connecting the premises to the water distribution main, including the water tap and all piping
and fittings from the main to and including the water meter assembly.
"Water, sewer or storm drainage improvements" means the acquisition of right-of-way and/or
easements, design, inspection and installation of improvements to city standards, as defined in
RCW 35.91.020 ~water or sewer facilities," and is further defined to include the following:
1. "Water system improvements" includes, but is not limited to, such things as
treatment facilities, reservoirs, wells, mains, and appurtenances such as valves, pumping
stations, pressure reducing stations and fire hydrants. Fire hydrants are included in the
definition of water system improvements only if required to be installed as a component of a
water distribution system. Fire hydrants, standing alone, are not considered a water system
improvement for which a latecomer agreement may be processed under this chapter.
2. "Sewer system improvements" includes, but is not limited to, such things as
treatment facilities, sewer mains and maintenance holes, pump stations, force mains, service
10
connections and cleanouts. Wastewater system improvements is synonymous with sewer
system improvements.
3. "Storm drainage improvements" includes, but is not limited to, such things as
conveyance pipes and catch basins, ditches, swales, treatment facilities, and natural systems
used for stormwater controls.
"Water system" means all water source and supply facilities, transmission pipelines, storage
facilities, pump stations, distribution mains and appurtenances, vehicles, and materials storage
facilities.
"Water tap" means the connection to the main.
13.01.030 Admini.qtrative procedures.
A. The administrative procedures for utility system development are described in
the engineering design standards manual.
B. The procedures described in the engineering design standards manual are
general summaries and may be supplemented by other procedures adopted by the public works
department, and are further set forth in Chapters 13.02 through 13.32 of this rifle.
13.01.040 Public works technical conference; fees.
A. Technical Conference. Any developer or property owner may request a
technical conference and written review with the public works department, upon payment of a
fee as set forth in Chapter 3.36 PTMC. Such conferences are strongly encouraged and may be
required by the public works director when utilities are to be extended or new streets installed.
B. Project Requirements. The project requirements identified during the public
works review shall remain valid for a period of one year from the date of the review, unless
changes are made to the proposed development, in which case requirements related to those
changes may be modified.
C. The technical conference allowed by this section is intended to be a separate
process from the preapplication conference required by Section 20.01 PTMC, and is not
required for a determination of completeness under Chapter 20.01 PTMC.
13.01.050 Engineering design standards manual adopted - Purpose.
A. Standards Adopted. The city engineering, design and construction standards
and specifications contained in the engineering design standards manual as it now exists or is
later amended, are hereby adopted, incorporated by reference, and made applicable to all
utility improvements covered by this rifle. Provided, however, that where an applicant for a
building or utility development permit has applied for an received written preapplicarion
review prior to the effective date of this code (April 28, 1997), to the extent there is an
inconsistency between the improvements identified in the preapplication review and the
engineering design standards manual, the requirements of the preapplication review shall apply
if:
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1. the applicant submits a complete application within 12 months from the date of
the written preapplicafion review;
2. the application is in substantial conformance with the written assurances and
requirements provided by the city at the conclusion of the preapplication review; and
3. all improvements are designed and installed in full compliance with the
standards and criteria as provided during or after the preapplication review.
B. Capital Facilities Tiering Map. The capital facilities tiering map attached as an
exhibit to the engineering design standards manual is hereby adopted. The map is intended to
implement the capital facilities tiering strategy pursuant to the capital facilities and utilities
element of the Port Townsend comprehensive plan.
1. The purpose of the design standards manual is to establish in one
comprehensive document, prescriptive and performance standards and procedures for
infrastructure development. The manual updates and revises existing standards for the
construction of water, sewer and stormwater system improvements in order to implement the
comprehensive plan and to make the requirements for utility development more uniform, clear,
consistent and predictable.
2. The public works director is authorized to make minor, technical
amendments to the engineering design standards manual without further city council approval
or adoption, although such minor changes must still be forwarded to city council. Such
changes shall be effective upon filing with the city clerk. Significant or substantive changes to
the engineering design standards manual require approval by the city council.
3. Copies of the engineering design standards manual and all revisions shall
be maintained in the city clerk's office, the BCD department, and the public works department
for use and examination by the public and shall be made available for purchase at city hall.
D. To the extent a conflict exists between this fire and the engineering design
standards manual, the code shall prevail.
13.01.060 Rules for admini~ration and enforcement.
The public works director shall have the authority to promulgate and enforce rules and
regulations to implement the provisions of this title related to customer service, connections,
extensions, replacements, system improvements and the general operation of the water, sewer
and stormwater utilities, as long as not inconsistent with the city's engineering design
standards manual. The city treasurer shall have the authority to promulgate and enforce rules
and regulations to implement the provisions of this title related to the payment, collection, and
remittance of rates. Any such rules and regulations shall be on file and available for public
inspection at the city clerk's office.
13.01.070 Compliance with federal, state and local requirements.
All design, construction, maintenance and operation of water, sewer and stormwater facilities
shall be in accordance with the city utility master plans, the engineering design standards
manual, the requirements of the state departments of health and ecology rules and regulations
and any applicable federal regulations.
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13.01.080 Permit required - Revocation - Expiration - City Exemption - Warranties.
A. The public works director is designated to administer this title by granting or
denying development permit applications in accordance with its provisions.
B. Permit required. No person shall install or construct any water, sewer or
stormwater system improvements in the city rights-of-way without first obtaining a Utility
Development Permit from the public works director. Refer to the water, sewer and
stormwater codes for specific permit application submittal requirements.
C. Revocation. The permit granted may be revoked by the public works director
for failure to comply with any provision of the Port Townsend Municipal Code or violation of
any condition imposed on the permit.
D. Expiration.
1. All Utility Development permits not tied to a building permit shall
expire unless the work is completed within 12 months after issuance of the permit unless
earlier revoked; provided, however, that written request for extensions may be made prior to
expiration upon a showing to the public works director that justifiable delays or unanticipated
events beyond the control of the applicant have or will preclude timely commencement or
completion of the work. Approval of such request shall be discretionary with the public works
director. Any extension shall include a condition that the work will be completed within a
reasonable time, not to exceed one year, as specifically set forth in the grant of the extension.
Only one extension shall be allowed.
2. All Utility Development permits tied to a building permit shall remain
valid so long as the building permit remains active with the building department, as shown in
the building department files. In the event the building permit becomes inactive as further set
forth in the Uniform Building Code and Title 16 lYrMC, the Utility Development permit shall
automatically expire.
3. Notwithstanding subsections 1 and 2 above, the construction of
infrastructure improvements required for subdivisions under Title 18 (Subdivisions) may, at
the discretion of the public works director, be phased during the statutory five-year period for
final plat approval. Where the city approves a final plat prior to completion of all utility
installations, the construction shall occur in accordance with all requirements of the approved
improvement method report. In such case, the Utility Development permit shall expire unless
the work is completed in accordance with the conditions of the subdivision approval, the
requirements of the approved improvement method report, and/or as set forth in the Utility
Development permit itself.
D. Emergency Exception. In the case of an emergency occurring outside regular
office hours, whenever an immediate excavation is necessary for the protection of life or
property, the public works director may grant permission to make the necessary excavation
upon the condition that an application for a permit be made under this chapter on or before
noon of the next following business day.
E. City Exemptions. All maintenance work performed by or under the direction of
the public works department is exempt from the permit requirements of this chapter. In the
case of construction work performed by or under the direction of the public works department,
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preparation of drawings by the director or signing of a public construction contract shall
constitute compliance with the permit requirements of this section.
F. Warranties. All work performed under a Utility Development permit shall be
guaranteed by the applicant for one year after acceptance by the city.
13.01.090 Inspection - Fees - Deposit required.
A. All construction must be inspected by the city and the cost of the inspection paid
for by the developer. After the approval of the plans and specifications and prior to the
issuance of the Utility Development permit, the developer shall be required to pay an
estimated construction inspection fee in the amount determined by the public works department
using the fees set forth in Chapter 3.36 PTMC. The utility permit will not be issued until the
inspection fees have been deposited with the city treasurer. If, during the course of
construction, the developer exceeds the two hour inspection allowance, such developer will be
billed for the time in excess of two hours. No final public works sign-off shall be provided
until all bills are paid.
B. The purpose of the city inspection is to verify that the improvements are
installed in accordance with the project design plans and specifications. The duties of the
inspector, inspection procedures, including requirements for pre-construction conferences, and
the obligation of the developer to coordinate inspections with the city shall be as defined in the
engineering design standards manual.
13.01.100 Construction and nmintenance bonds.
The public works director may require that the developer furnish the city with a performance
bond in which assurance is given that the required improvements will be installed as provided
in the approved plans and that the installed improvements will perform free of material defects
for a period of one year from the date of city acceptance of the improvements. Types of
securities include a bond with a surety qualified to do bonding business in the State of
Washington, a cash deposit or an assigned bank account. Any security posted with the city
shall be in an amount equal to 120 percent of the estimated cost for the city to contract for
construction or replacement of the improvements as determined by the public works director,
and shall be for a period of one year from the date of acceptance of the improvements by the
city.
13.01.110 Admini~rative and judicial appeals.
A. Administrative appeals. An administrative decision of the public works director
to issue or refuse to issue a permit, or to revoke or refuse to revoke a permit, or to deny a
waiver or variance, or to issue an emergency or stop work order may be appealed pursuant to
Chapter 1.14 PTMC except that appeals of enforcement decisions under Chapter 20.10 PTMC
shall be governed by that chapter. The appeal must be accompanied by a filing fee in the
amount set forth in Chapter 3.36 PTMC. Any such decision of the public works director shall
be final at the time made, unless appealed.
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B. Judicial appeals. Appeals from the final decision of the city pursuant to Chapter
1.14 PTMC shall be made to the Jefferson County superior court within 21 calendar days from
the date of the issuance of the decision and processed in accordance with the Land Use Petition
Act 36.70C RCW.
13.01.120 Tiering - Expenditure of public funds.
As set forth in the Port Townsend Comprehensive Plan, the city has adopted a tiering structure
for the phasing or prioritizing of capital improvements in a manner designed to promote
orderly growth and development and efficient use of city resources. Accordingly, if the
location, nature, and/or timing of a proposed development necessitates the expenditure of
public funds in excess of those currently available in the six-year CIP for the necessary utility
improvements and provision has not otherwise been made to meet the mitigation of direct
impact requirements as provided in this rifle, the city may refuse to approve or grant a permit
for development pursuant to the concurrency requirement of the Growth Management Act. As
an alternative, the city (1) will consider alternatives to the proposal so that the need for utility
improvements is lessened; (2) may provide the developer with the option of bearing the full
cost of the required utility improvements; or (3) may consider the development for approval
upon alternative arrangements for financing of the necessary improvements, such as no-protest
LID covenants or latecomer agreements.
13.01.130 Waiver/modification of the required utility improvement standards.
A. The provisions of this subsection are intended to be a separate and distinct
procedure from the zoning code variance procedures. Waivers or modifications of the
standards of this chapter and/or the engineering design standards manual may be granted only
where the criteria of subsection B below are met. Waivers may be initiated by the developer
pursuant to subsection C below or by the city.
B. The public works director may waive or modify applicable requirements for
utilities, when it is determined that the waiver or modification will not harm or will be
beneficial to the public in general, and when one or more of the following conditions are met:
1. Location in an environmentally sensitive area, disruption of existing
drainage patterns, or removal of natural features such as significant trees makes compliance
with engineering design standards manual impractical or undesirable.
2. The existence of a structure such as a substantial retaining wall makes
compliance with engineering design standards manual impractical.
3. The installation of the required improvements would likely cause
unacceptable significant adverse environmental impacts that may not be mitigated as
determined by the city's SEPA official and the waiver/modification would avoid such impacts.
4. Hydraulic concerns, topography of the site, or no foreseeable future
need makes utility main extensions through the property to the next intersection unreasonable.
5. In the case of existing on-site septic systems, where topography, system
deficiencies, or technical difficulties create problems with connecting to the city's sewer
system.
15
6. In the case of engineered plans for utility installations, when the public
works department determines that engineering is unnecessary due to the limited extent of the
improvements, the constraints of the existing system, or where short, dead-end extensions have
no foreseeable need to be looped into the city's existing system at a future date. Any waivers
from the engineering requirement do not exempt the developer from submitting plans which
meet all other applicable specifications contained in the engineering design standards manual.
7. In the case of stormwater drainage plans, such plans may not be required
when the developer demonstrates to the satisfaction of the public works director that the
proposed activity or development:
a. Will not adversely impact the water quality conditions of any affected
receiving bodies of water; and
b. Will not alter the surface discharge location, alter the drainage pattern
on adjoining properties, alter drainage patterns, increase the discharge or cause any other
adverse effects in the drainage area; and
c. Will not alter the subsurface drainage patterns, flow rates, and
discharge points, or result in any significant adverse effects to property or residents.
8. The installation of the required improvements as applied to the particular
development is in conflict with the goals and policies of the Port Townsend Comprehensive
Plan.
C. The application for a waiver or modifications of the above listed standards shall
be by written request to the public works director and shall be accompanied by a
nonrefundable filing fee in the amount set forth in Chapter 3.36 PTMC. The application shall
be made on a form provided by the public works director. The application shall specify which
requirement(s) of this title and the engineering design standards manual are at issue and which
of the condition(s) listed above can be met. It shall also contain a statement as to why the
deviation from the required standards is minor or insubstantial and why the waiver or
modification sought will not harm or will be beneficial to the general public.
D. The public works director will make a decision within 21 days of receipt of the
request, subject to his or her notification to the applicant that additional time is needed to
obtain further necessary information. The public works director's decision shall be made in
writing and is an administrative decision which may be appealed pursuant to Chapter 1.14
PTMC, upon payment of an appeal filing fee in the amount set forth in Chapter 3.36 PTMC.
E. The public works director may at his or her discretion condition the granting of
a waiver on the property owner signing a no protest agreement to future formation of a Local
Improvement District ("LID").
13.01.140 Utility variances.
A. The public works director shall have the authority, under limited circumstances,
to grant a variance from the requirements of this chapter, provided, however, that all variances
under Titles 17 and 18 shall be processed and decided under the requirements of those rifles.
B. The person(s) seeking a variance shall prepare and submit an application to the
city on forms provided by the city and accompanied by a filing fee in the amount set forth
Chapter 3.36 PTMC.
16
C. Upon receipt, the application shall first be reviewed for completeness. If the
application is incomplete, the director shall promptly return it to the applicant and indicate the
additional information needed to make the application complete.
D. Within 30 days of receipt of a complete application, the public works director
shall make a determination to grant the variance, grant the variance under specified
circumstances, or to deny the variance. The time for such determination may be continued to
a later date as agreed to by the applicant.
E. A variance may be from all or part of the requirements of this rifle, may require
other standards to be satisfied by the applicant, and may be subject to any conditions which the
public works director deems necessary to carry out the purpose and intent of this title in the
public interest, safety and welfare. In making his or her determination, the public works
director may grant a variance only upon specific written findings of fact showing that all of the
following conditions exist:
1. That special conditions exist with respect to the land or area such as size,
shape, topography, location, density, traffic, greenbelts, open space, character of
neighborhood, character of the environment or other factors not generally applicable to other
lands or areas, such that the improvement requirements would be unnecessary, inappropriate
or unreasonably burdensome;
2. The special circumstances of the subject property make the strict
enforcement of the provisions of this title an unnecessary hardship to the property owner;
3. That the special conditions do not result from actions of the applicant;
4. That granting the variance will not confer a special privilege to the
applicant denied to other similarly situated landowners;
5. That the variance would not be materially detrimental to the public
health, safety and welfare, or to other properties or improvements in the area or to the
traveling public;
6. That the applicant has set forth sufficient reasons to justify granting the
variance;
7. That the variance will be consistent with the purpose and intent of this
title and would not establish a precedent for subsequent variance requests which could diminish
the effect of this title in furthering these purposes;
8. The variance is consistent with the goals and policies of the Port
Townsend Comprehensive Plan;
9. The variance is the minimum necessary to fulfill the purpose and the
need of the applicant; and
10. The fact that property may be utilized more profitably will not be an
element of consideration before the decisionmaker.
F. The public works director's decision shall be made by written findings and
conclusions and is an administrative decision which may be appealed pursuant to Chapter 1.14
PTMC, upon payment of an appeal filing fee in the amount set forth in Chapter 3.36 PTMC.
17
13.01.150 No protest agreements.
The public works director may require that property owners enter into a Uno protest agreement"
where it is determined that development of the property will create impacts which can only be
later mitigated through construction of an area-wide or neighborhood improvement and it
would be unreasonable to require the full improvement as a condition of the development.
Where a property owner enters into a no protest agreement with the city waiving the property
owner's right under RCW 35.43 et seq., to protest formation of a local improvement district,
the agreement must specify the improvements to be financed by the district and set forth the
effective term of the agreement, which shall not exceed ten years.
13.01.160 Liability of city.
This title shall not be construed as imposing on the city or any city official or employee any
liability or responsibility for damages to any person or property injured by the performance of
any work done under a utility development permit; nor does the city or any city official or
employee assume any such liability or responsibility by reason of inspections authorized by the
provisions of this chapter, the issuance of any permit, or the approval of any work. This title
is for benefit of the city of Port Townsend and not for any individual property owner or
citizen.
(Ord.__ § 1, 1997.)
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Chapter 13.02
LOW-INCOME, LOW-INCOME DISABLED AND
LOW-INCOME SENIOR CITIZEN UTILITY CREDIT PROGRAM
Sections:
13.02.010
13.02.020
13.02.030
13.02.040
13.02.050
13.02.060
13.02.070
Program established - Purpose - Administrative authority.
Utility credits - Eligibility - Requirements.
Utility credits - Eligibility - Time limit.
Utility credits - Issued as billing credits - Amounts designated.
Utility credits - Manner of issuance.
Utility credits - Apportionment - Authority.
Unlawful acts designated - Penalty.
13.02.010 Program established - Purpose - Administrative authority.
A program for credits to the billings for water, sewer and storm drainage utility services
provided by the city for certain recipients of Supplemental Security Income (hereinafter SSI),
Social Security Disability Income (hereinafter SSDI), pursuant to 42 United States Code, as
now or hereafter amended, and certain other disabled and low-income persons as hereinafter
defined, is established in order to provide necessary support for the poor and disabled. The
city treasurer is authorized and directed to administer the program and in such connection may
promulgate forms and administrative regulations from time to time, to carry out the intent and
purpose of this chapter. (Ord. 2490 § 1, 1995; Ord. 2344 § 1, 1993; Ord. 2120 § 1, 1988;
Ord. 2110 § 1, 1988).
13.02.020 Utility credits- Eligibility- Requirements.
A. To implement the program provided for in this chapter, utility credits shall be
issued to each person who shows satisfactory proof that he or she:
1. Meets the requirements of low-income, low-income disabled or low-income
senior citizen as defined in Chapter 13.01 PTMC; and
2. Is a single occupant or the head of a household or the spouse of the head of
the household; and
3. Resides in a dwelling unit served directly by the city's water, sewer or storm
drainage utilities; and
4. Is billed or is the spouse of a person billed by the water, sewer or storm
drainage utilities of the city; and
5. The applicant shall provide the city treasurer with a current statement of
eligibility for SSI, SSDI or such disability pension or proof of blindness and such statement
shall not be more than three months old.
B. Applicants, under oath or penalty of perjury, shall verify such information and
provide such other data as are deemed appropriate, upon forms and in the manner determined
by the city treasurer. (Ord. 2490 § 2, 1995; Ord. 2344 § 1, 1993; Ord. 2120 § 2, 1988; Ord.
2110 § 2, 1988).
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13.02.030 Utility credits - Eligibility- Time limit.
Eligibility for utUity credits provided for by this chapter shall be for a period of one year, or
so long as the applicant continues to be eligible for a utility credit under the terms of section r
13.02.020, whichever period is shorter. Applications shall be made annually to renew
eligibility for utility credits and the credits shall expire on March 31st of each year. Where the
recipient of a utility credit either receives income which will no longer allow the recipient to
be eligible for the credit, or is no longer disabled or otherwise eligible for the utility credit,
such person shall immediately notify the treasurer of such change in status to allow the utility
credit to be discontinued. Where a utility credit has been received after a person has become
ineligible, a repayment of past credits shall be made or shall be added to the current utility
billing for such person. (Ord. 2490 § 3, 1995; Ord. 2344 § 1, 1993; Ord. 2120 § 3, 1988;
Ord. 2110 § 3, 1988).
13.02.040 Utility credits - Issued as billing credits - Amounts designated.
Persons qualified by the city treasurer as eligible recipients of utility credits provided for in
this chapter shall be granted billing credits in the following stated monthly, or monthly
equivalent amounts, provided, however, that in no case shall the amount of the billing credit
granted for a utility service exceed the amount owing for that service.
A. Sewer: $15.75/month;
B. Water: $7.90/month;
C. Storm drainage: $2.10/month.
(Ord. 2490 § 4, 1995; Ord. 2344 § 1, 1993; Ord. 2110 § 4, 1988).
13.02.050 Utility credits - Manner of issuance.
Qualified persons receiving sewer, water or storm drainage utility services shall receive utility
credits as provided for in this chapter, or in equivalent amounts should the billing period be
other than monthly, provided, however, that no qualified person shall receive or accept utility
credits to more than one utility bill for the same billing period. The credits shall be made as
follows:
1. For qualified persons who receive a sewer, water or storm drainage utility bill
directly, the proper credit shall be made on the bill as a reduction to the amount which would
otherwise be payable;
2. For qualified persons who do not receive a sewer, water or storm drainage
utility bill directly but who pay such utility charges indirectly as part of their rental payment,
the proper credit shall be made in the manner determined by the city treasurer upon
satisfactory proof in writing that such utility charges in fact are paid by the qualified person
indirectly as part of their rental payment. (Ord. 2490 § 5, 1995; Ord. 2344 § 1, 1993; Ord.
2110 § 5, 1988).
13.02.060 Utility credits - Apportionment - Authority.
The city treasurer is authorized to apportion the total amount of utility credits made to bills as
provided for in this chapter. (Ord. 2490 § 6, 1995; Ord. 2344 § 1, 1993; Ord. 2110 § 6,
1988).
20
13.02.070 Unlawful acts designated - Penalty.
A. The following acts are unlawful:
1. To accept or receive any utility credit provided for by this chapter when or
during such time that the person accepting or receiving the same is not eligible;
2. To make any false or untrue Statement on any application, form or document
filed to qualify for a utility credit, or to continue receiving utility credits under this chapter.
B. Any such violation shall be a m~sdemeanor, and punishable by a fine not to
exceed $1,000, or by up to 90 days in jail, or by both such fine and imprisonment. In
addition, the city shall be entitled to recover the amount represented by any utility credit which
was accepted, received or allowed to any persOn not then eligible to receive the same, and the
city treasurer is authorized to add the amounts entitled by the city to be recovered to
subsequent utility bills of the person responsible for the same.(Ord. 2490 § 7, 1995; Ord. 2110
§ 7, 1988).
21
Chapter 13.03
SYSTEM DEVELOPMENT CHARGES FOR WATER AND SEWER CONNECTIONS
Sections:
13.03.010
13.03.020
13.03.030
13.03.040
13.03.050
13.03.060
13.03.070
13.03.080
13.03.090
13.03.100
Purpose.
Equivalent residential unit defined.
Water system development charge.
Sewer system development charge.
Equivalent residential unit factors.
System development charge in addition to other charges.
Collection of system development charges.
System development charge credit.
System development charge adjustment.
Penalty for unauthorized hookup.
13.03.010 Purpose.
Pursuant to the authority provided in RCW 35.92.025, the city of Port Townsend has
determined that it is reasonable and in the public interest to enact and impose a system
development charge (SDC) for the purpose of recovering a proportionate share of the actual
and projected capital costs of water and sewer facilities from those properties within the utility
service areas which, as a part of their development and use, create the need for those
facilities. (Ord. 2390 § 1, 1993; Ord. 2380 § 1, 1993).
13.03.020 Equivalent residential unit def'med.
For the purposes of this code, one "equivalent residential unit," or "ERU" is defined as a
water service connection to a residential unit, commercial use or industrial use, with a
five-eighths-inch or three-quarter-inch meter. Larger connections to the city's water system
will be referred to in terms of "equivalent residential units" for purposes of determining an
equitable proportionate amount for SDCs. A method for calculation of the equivalent
residential units for hookups larger than one ERU is included in section 13.03.050 below.
(Ord. 2390 § I, 1993; Ord. 2380 § 1, 1993)
13.03.030 Water system development charge.
A. The city has evaluated the capital cost of the city's existing water system and the
projected cost to expand the general facilities to meet the projected needs associated with new
and expanded needs of the water system customers. The general facilities include source of
supply, treatment, storage, transmission and major regional pumping facilities.
B. A one-time SDC for each new customer shall be assessed based upon the
customer's fair and equitable share of the general facilities. The SDC shall be determined by
multiplying the total number of ERUs for the service(s) to be installed by $2,413 as of January
1, 1997.
C. If a Local Improvement District pays for any of the general facilities described
above, they may be eligible for an appropriate credit to the SDC.
22
(Ord. 2491 § 1, 1995; Ord. 2434 § 3, 1994; Ord. 2390 § 1, 1993; Ord. 2380 § 1, 1993).
13.03.040 Sewer system development charge.
A. The city has evaluated the capital cost of the city's existing sewer system and
the cost to expand the general facilities to meet the projected needs associated with new and
expanded needs of sewer system customers. The general facilities include the interceptor
system, major regional pumping facilities and the wastewater treatment facility, outfall,
compost facility and associated facilities necessary to treat and dispose of the wastewater.
B. A one-time SDC for each new customer shall be assessed based on the
customer's fair and equitable share of the general facilities. The SDC shall be determined by
multiplying the total number of ERUs for the service(s) to be installed by $2,230 as of January
1, 1997, for domestic strength wastewater.
C. If a Local Improvement District pays for any of the general facilities described
above, they may be eligible for an appropriate credit to the SDC.
(Ord. 2491 § 2, 1995; Ord. 2434 § 4, 1994; Ord. 2390 § 1, 1993; Ord. 2380 § 1, 1993).
13.03.050 Equivalent residential unit factors.
A. The ERLI factors for determining the proportional equivalent of various sizes of
water meters shall be in accordance with the following table:
Water Meter
Equivalent Factor
Wastewater Equivalent
Meter Factor
3/4" meter 1 ERIJ 1 ERIJ
1" meter 2.5 ERIJ 1.4 ERU
1-1/4" meter 3.75 ERIJ 1.6 ERU
1-1/2" meter 5.0 ERIJ 1.8 ERLI
1-3/4" meter 6.5 ERIJ 2.4 ERLI
2" meter 8.0 ERU 2.9 ERIJ
3" meter 15.0 ERIJ 11.0 ERIJ
4" meter 25.0 ERLI 14.0 ERIJ
6" meter 50.0 ERLI 21.0 ERU
8" meter 80.0 ERLI 29.0 ERU
B. If the wastewater strength exceeds the SIC number one criteria, the SDC shall
be adjusted to reflect the higher cost associated with treating high strength waste. The high
strength ERU formula is:
(0.38(flow of eustomer)/(flow of Std. ERIJ))+ (0.387(BOD of eustomer)/(BOD of Std.
ERU)) + 0.233(TSS of customer)/(TSS of Std. ERU)) = Equivalent ERU
where:
flow of Standard ERU is assumed to be 5,236 gallons per month
23
BOD of Standard ERU is assumed to be 14 pounds per month
TSS of Standard ERU is assumed to be 14 pounds per month
C. If the actual water meter size installed is increased to improve customer service,
provide for fire sprinkler installation, or if the water meter size used to establish the sewer
SDC overestimates the volume of wastewater discharged to the city sewer system (for
example, on-site recycling or irrigation), the director of public works shall determine the
appropriate ERU based upon the typical benefits the customer receives from the general
facilities of the water and sewer system. (Ord. 2390 § 1, 1993; Ord. 2380 § 1, 1993).
13.03.060 System development charge in addition to other charges.
The system development charge for water and sewer imposed pursuant to this chapter shall be
in addition to any permit fees or charges under Chapter 3.36 PTMC, any connection or tap
charges for the actual cost of connecting to the city's water and/or sewer systems, system
extension and replacement costs, and to all other charges or costs imposed by ordinance or
agreement. (Ord. 2390 § 1, 1993; Ord. 2380 § 1, 1993).
13.03.070 Collection of system development charges.
Inside the city, the SDCs imposed in this chapter shall be payable at the time a building permit
is issued. For cases when no building permit is required (e.g. septic system replacement with
connection to city system, upsizing of a water connection, irrigation tap) the SDCs shall be
payable at the time of issuance of a Utility Development or water or sewer connection permit.
In the outside-of-city water service area, SDCs shall be paid at the time a water service
reservation is approved, or, if no water service reservation is applied for, at the time
application for a water service connection is made. Charges so collected shall be used solely
for capital improvements to the system to which the charge is applicable. No service
connection to the sewer and water system shall be made, and no building permit shall be
issued, until all SDCs have been paid. (Ord. 2392 § 1, 1994; Ord. 2390 § 1, 1993; Ord. 2380
§ 1, 1993).
13.03.080 System development charge credit.
A. The owner or previous owner of a property that has been assessed through a
local improvement district or through a special assessment for water or sewer general facilities
shall be given a credit towards payment of the SDC calculated under this chapter. The credit
shall be determined by prorating the current SDC as the required share against the previously
paid assessment for identified general facilities. The EN-R index for each time period shall be
the method of establishing the value of the amount previously paid.
B. For existing customers that upgrade or expand their system ERU requirements,
the customer shall receive credit for the previous ERU for which an SDC was paid. No credit
for reducing an ERU demand will be granted. (Ord. 2390 § 1, 1993; Ord. 2380 § 1, 1993).
24
13.03.090 System development charge adjustment.
The SDC shall be adjusted each year on January 1st, according to the Seattle Area
Engineering News Record Construction Cost Index (ENR) unless otherwise adjusted based on
an evaluation of the cost of constructing the general facilities. (Ord. 2390 § 1, 1993; Ord.
2380 § 1, 1993).
13.03.100 Penalty for unauthorized hookup.
In the event any connection to the city water or sewer system is made without paying the fees
required by this chapter, the owners of the property to which the connection is made shall be
required to pay a fine in the amount of 10 percent of the applicable SDC. Utility service shall
be terminated until all fees and penalties owing have been paid.(Ord. 2390 § 1, 1993; Ord.
2380 § 1, 1993).
25
Chapter 13.04
UTILITY LATECOMER AGREEMENTS
Sections:
13.04.010
13.04.020
13.04.030
13.04.040
13.04.050
13.04.060
13.04.070
13.04.080
13.04.090
13.04.100
13.04.110
13.04.120
13.04.130
13.04.140
13.04.150
13.04.160
13.04.170
Purpose- Intent.
Authorization - Minimum project size.
Application - Design standards/cost estimates.
Length of utility latecomer agreements.
Public works director's determination - Appeal.
Assessment reimbursement area and charge - Appeal.
Written agreement - Payment of city costs in excess of application fee.
Utility latecomer agreement must be recorded.
Construction and acceptance of improvements - Recording of final fees.
Ownership of improvements or systems - As builts.
Defective work.
Implementation of utility latecomer agreement - Prepayment requirement.
Payments of utility latecomer charge.
Rights and nonliability of city.
Director's authority - Violations.
Existing latecomer agreements - Completed construction.
Alternative financing method.
13.04.010 Purpose- Intent.
A. Purpose. The purpose of this chapter is to define the rules and regulations for
executing 15-year contracts between the city and developers for private construction of
municipal water, sewer or storm drainage improvements by providing means for (1) partial
cost recovery through a charge to later users who did not contribute to the capital costs and (2)
the establishment of benefit areas defining which properties are subject to such charges. This
chapter is also intended to implement Chapters 35.91, 35.92, and other provisions of the
Revised Code of Washington, as it now reads, or is later amended.
B. Intent. It is intended that the processing of utility latecomer agreements under
this chapter be independent from the regulatory reform time lines contained in Tire 20 PTMC.
Further, nothing in this chapter shall be construed to create any city obligation to subsequently
serve water to property within a reimbursement area if that property is removed from the city's
out-of-city water service area during the term of the latecomer agreement. (Ord. 2515 § 1,
1996).
13.04.020 Authorization - Minimum project size.
A. Any property owner whose property is located either (1) within the city who
uses private funds to construct water, sewer, and/or storm drainage improvements to connect
to existing city water, sewer, or storm drainage for the purpose of serving the area in which
the real property of such owner is located, or (2) within 10 miles of the city's corporate limits
who uses private funds to construct water improvements to connect to the city's out-of-city
26
water service area, in order to serve the area in which the real property of such owner is
located, may apply to the city to establish a utility latecomer agreement in order to recover a
portion of the costs from subsequent users of the system(s).
B. To be eligible for a utility latecomer agreement, the estimated total cost of the
water, sewer or storm drainage improvements must be at least $2,500 separately or $4,000
combined, to be adjusted annually in accordance with the Engineering News-Record Index
CENR"). The determination of eligibility shall be made by the public works director, based
upon bids, engineering or architecture estimates, or other information deemed by the director
to be a reliable basis for estimating cost. The determination of the director shall be deemed
final and conclusive. (Ord. 2515 § 1, 1996).
13.04.030 Application - Design standards/cost estimates.
A. Application Form - Fee. The application must be on a form provided by the city
and accomp~ed by a nonrefundable application fee in an amount as set forth in Chapter 3.36
PTMC, for each type of agreement.
B. In addition to the Latecomer application, the applicant must meet all of the
design and other applicable requirements of Chapters 13.11 through 13.14 PTMC for water,
13.21 through 13.23 PTMC for sewer and 13.31 through 13.32 PTMC for stormwater.
C. Engineering design standards manual. Prior to the application being submitted,
the city will apprise the applicant of the design standards and specifications for the sewer,
water or storm drainage improvements which will be required for the proposed project,
consistent with city ordinances and/or adopted design manuals, as identified by the applicable
development review process for in-city applicants, or the out-of-city reservation process for
out-of-city applicants. The procedures and requirements for installing utility improvements
shall be as outlined in the engineering design standards manual.
D. Cost Estimate. The applicant must submit with the application a statement from
a licensed contractor or engineer containing an itemized estimate of the total projected cost of
the system improvements.
E. Additional Requirements. When deemed necessary in the discretion of the
public works director to determine the benefit area and reimbursement charge, the city may
require that the application be accompanied by any or all of the following:
1. A scaled vicinity drawing, stamped by a licensed civil engineer or licensed
land surveyor depicting the proposed improvements, their location and the proposed benefited
2. The name and mailing address of each owner of record of property within the
proposed benefit area, together with the legal description, the size and the county assessor's
tax number for each property, such information to be certified as complete and accurate by the
applicant;
3. A statement from a licensed contractor or professional engineer containing an
itemized estimate of the total projected cost of the system improvements. (Ord. 2515 § 1,
1996).
27
13.04.040 Length of utility latecomer agreements.
The utility latecomer agreement shall be for a period of 15 years from the effective date of the
latecomer agreement. (Ord. 2515 § 1, 1996).
13.04.050 Public works director's determination- Appeal.
A. Approval of Application. The public works director shall review all applications
and shall approve the application only if the following requirements are met:
1. The project satisfies the minimum cost requirement and complies with city
design and construction standards and all applicable federal, state, and local laws, rules and
regulations, including but not limited to the city of Port Townsend Municipal Code for water,
sewer and stormwater and environmental laws;
2. The proposed improvements fall within the definition of water, sewer, and/or
storm drainage improvements;
3. The proposed improvements are not constructed or currently under
construction;
4. The proposed improvements are consistent with the city's comprehensive
plan, utility plan, and/or transportation plan; and
5. The city.
B. Public Works Director's Determination. In the event all of the above criteria are
not satisfied, the public works director shall either condition approval as necessary in order for
the application to conform to such criteria or deny the application. The final determination of
the public works director shall be in writing.
C. Appeal. The final determination of the public works director is an
administrative decision that may be appealed by an applicant. The appeal must be fried with
the public works department within 15 calendar days of the date the final determination is
mailed to the applicant. The procedures set forth in Chapter 1.14 PTMC shall apply to any
appeal. The appeal must be accompanied by a filing fee in the amount set forth in Chapter
3.36 PTMC. Any decision of the public works director not appealed from shall be final at the
time made. In reviewing a final determination, the city council (or hearing examiner) shall
apply the criteria set forth above, and shall uphold the administrative decision of the public
works director, unless evidence clearly demonstrates that the criteria have been satisfied. (Ord.
2515 § 1, 1996).
13.04.060 Assessment reimbursement area and charge - Appeal.
A. Reimbursement Area Formula. The public works director shall formulate the
benefit reimbursement area for all approved applications based upon the following:
1. The benefit reimbursement area shall be based upon a determination of which
property owners did not contribute to the original costs of the improvement and whose parcels
are located so that they are adjacent to the improvements, or are likely to require a service
connection to the improvements based on city codes and standards; provided, however, that
the public works director has the authority to remove from the benefit area those properties
which are later developed but which do not subsequently tap into or use the water or sewer
facilities. The applicant/property owner is not entitled to reimbursement for lots that are
28
adjacent to the improvements if those lots are owned by the applicant/property owner at the
time they apply for the utility latecomer agreement or at the time the utility improvements are
constructed.
2. The estimated amount of the reimbursement charge shall be established so
that each property will pay a fair, pro rata share of the cost of construction of the water,
sewer, and/or storm drainage improvements, which is proportional to the benefits which
accrue to the property, determined at the city's sole discretion on an acre, front footage,
equivalent water meter, or other equitable basis.
B. Notice to Property Owners. A notice containing the benefit reimbursement area
boundaries, preliminary charges, and a description of the property owner's rights to request a
public hearing before the city council with regard to the area boundaries and special benefits
and charge shall be forwarded by certified mail, return receipt requested, to the property
owners within the proposed benefit reimbursement area. The public works department will
maintain in its files a certificate of mailing.
C. Appeal/Request for Hearing.
1. Any appeal requesting a hearing pursuant to subsection B of this section must
be filed within 15 calendar days of the date the notice is mailed to the property owners. The
procedures set forth in Chapter 1.14 PTMC shall apply to any appeal. Notice of the hearing
shall be given to all affected property owners. The appeal must be accompanied by a filing fee
in the amount set forth in Chapter 3.36 PTMC. Any decision of the public works director not
appealed from shall be final at the time made. In reviewing a final determination, the city shall
apply the criteria set forth above, and shall uphold the administrative decision of the public
works director, unless evidence clearly demonstrates that the criteria have been satisfied.
2. After reviewing the public hearing testimony and the determination of the
public works director, the city council (or hearing examiner) may approve, modify or reject
the benefit reimbursement area and/or charges. This determination shall be final.
3. Any judicial appeal of the city council's (or hearing examiner's)
determination must be fried and served within 21 days of the issuance of the decision. (Ord.
2515 § 1, 1996).
13.04.070 Written agreement - Payment of city costs in excess of application fee.
A. Upon approval of the application, formulation of a reimbursement area and
charge, notice to the property owners and expiration of the appeal periods or a determination
by the city council, the utility latecomer agreement, together with supporting documents, shall
be presented to the city council with a resolution authorizing the mayor to sign the utility
latecomer agreement on behalf of the city.
B. In the event costs incurred by the city for engineering or other professional
consultant services required in processing the application exceed the amount of the application
fee, the public works director shall so advise the city council and council approval may be
conditioned upon receipt of payment by the applicant of an additional amount sufficient to
compensate the city for its actual costs in excess of the application rec.(Ord. 2515 § 1, i996).
29
13.04.080 Utility latecomer agreement must be recorded.
A. In order to become effective, a utility latecomer agreement must be recorded
with the Jefferson County auditor. After the agreement has been signed by all parties, the city
shall record the agreement, with a notice to title on each property within the benefited area.
B. Within 30 days after receipt of evidence that the utility latecomer agreement has
been recorded, the public works director shall cause a notice of additional connection charge to
be recorded with the Jefferson County auditor, as required by RCW 65.08.170. (Ord. 2515 §
1, 1996).
13.04.090 Construction and acceptance of improvements - Recording of f'mal fees.
A. After the utility latecomer agreement has been signed by all parties, and all
necessary permits and approvals have been obtained, the applicant shall construct the
improvements, and upon completion, request final inspection and acceptance of the
improvements by the city, subject to any required obligation to repair defects. The developer
may begin construction during the processing of the latecomer agreement, but such
construction shall be at the developer's sole risk and the city assumes no liability in the event
that the latecomer agreement does not become effective. All construction, inspection and
testing shall conform to other sections of this code and to the engineering design standards
manual.
B. An appropriate bill of sale, easement and any other document needed to convey
the improvements to the city and to ensure right-of-access for maintenance and replacement
shall be provided, along with documentation of the actual costs of the improvements and a
certification by the applicant that all of such costs have been paid.
C. The final cost of the improvements shall be reviewed against the preliminary
assessments established by the city. Upon a showing of good cause, the agreement shall be
modified to include cost overruns up to a maximum of 10 percent. In the event that actual
costs are less than the public works director's estimate by 10 percent or more, the public
works director shall recalculate the charges, reducing them accordingly. For any revisions
under this section, the public works director shall cause a revised list of charges to be recorded
with the Jefferson County auditor, with a notice to title on each property within the benefited
area.(Ord. 2515 § 1, 1996).
13.04.100 Ownership of improvements or systems - As builts.
A. Upon approval of a utility latecomer agreement and the completion and
acceptance of the construction, the improvement(s) and/or system(s) shall become the property
of the city. The city may charge and receive fees for utility system use according to the city's
established rates. In the alternative, upon acceptance of construction, the city may require a
private maintenance agreement.
B. A copy of the engineering "as built" plans, specifications and drawings,
including all necessary rights-of-way and easement documents shall be provided to the city
prior to acceptance of the water, sewer, or storm drainage facilities. As-built submittals shall
comply with the requirements of the engineering design standards manual.
30
C. bio connection to, or other use of, the facilities will be allowed or permitted
until the city has officially accepted the construction.
D. Transfer of ownership to the city shall be clear of all encumbrances. (Ord. 2515
§ 1, 1996).
13.04.110 Defective work.
The applicant shall be responsible for all work found to be defective within one year after the
date of acceptance of the improvements by the city. Chapter 13.01 PTMC contains provisions
for the public works director to require a performance bond for the improvements. (Ord. 2515
§ 1, 1996)
13.04.120 Implementation of utility latecomer agreement - Prepayment requirement.
A. Upon recording, the utility latecomer agreement and charge shall be binding
upon all property owners of record within the benefit area who were not parties to the
contract. If an owner later develops his or her property within 15 years and is not required to
install similar utility improvements because such improvements were already installed under
the latecomer agreement, the city shall require that owner to reimburse the developer/owner
who initially constructed the projects pursuant to the reimbursement share previously
determined in the utility latecomer agreement.
B. Connection to or use of the system(s) by property owners within the benefit area
shall be prohibited and development permission shall not be granted unless the city has
received payment of the utility latecomer charge, including administrative costs. Unless
modified in the agreement, the city shall add 10 percent, but not less than $20.00, to each
utility latecomer charge, to be used by the city to defray the costs of labor, bookkeeping, and
accounting necessary to administer the agreement, to be adjusted annually in accordance with
ENR Index. No building permit shall be issued until reimbursement payment is made.
C. The utility latecomer charge shall be in addition to the usual and ordinary
charges, including hook-up fees, system development charges, and any other fees which must
be paid by persons applying for city water or sewer service, as required by city ordinances.
D. The city will exercise its best efforts to assure compliance with this section;
however, in no event shall the city incur liability for an unauthorized connection to or use of
the facilities.
E. Where any tap or connection is made into any water, sewer or storm drainage
system(s) without payment being made as required by this chapter, the city may order the
unauthorized tap or connection and all connecting pipe located in the city right-of-way
removed without any liability to the city or city officials. (Ord. 2515 § 1, 1996).
13.04.130 Payments of utility latecomer charge.
A. The city shall pay the amounts due the beneficiary within 60 calendar days of
receipt, subject to subsection C of this section, by certified mail, return receipt requested.
31
B. When the utility latecomer fee for a particular parcel has been paid, at the
request of the owner/payor, the city shall approve a certification of payment which may be
recorded by the owner.
C. Throughout the term of the agreement the developer shall notify the city in
writing of any change of his or her name(s) or address(es). Absent such notice, the city is not
responsible for locating any developer entitled to benefits under the utility latecomer
agreement. The developer may not assign any fights under the utility latecomer agreement
without written notification to the city. Absent such notification, any assignment of rights
under the agreement shall have no effect on the obligations of the city under the latecomer
agreement.
D. Any funds not claimed by the developer within 180 days from the date collected
shall become the property of the city. Before the expiration of the 180 days, the city shall send
to the developer, by certified mail, return receipt requested, a final notice of the city's intent to
deposit the funds as city revenue. If the city does not receive a response by the expiration of
the 180 days, the funds shall be revenue to the city sewer, water or storm water utility or as
allowed by law.(Ord. 2515 § 1, 1996).
13.04.140 Rights and nonliability of city.
A. The city reserves the right to refuse to enter into any utility latecomer agreement
or to reject any application thereof.
B. All applicants for utility latecomer agreements shall be required to provide a
written release, indemnification, and hold harmless agreement releasing and indemnifying the
city from all claims of any nature, including property damage and personal injury arising out
of the execution, establishment, enforcement and implementation of such agreement including
claims arising during the course of construction and during the one-year warranty period
following acceptance of the improvements by the city. Such indemnification shall include
attorney fees and costs reasonably incurred in the defense of such acfion.(Ord. 2515 § 1,
1996).
13.04.150 Director's authority - Violations.
Whenever the director determines that a condition exists in violation of this chapter, or any
code or standard required to be adhered to by this chapter, he or she is authorized to enforce
the provisions of this chapter and/or to order correction and discontinuance of any violation
pursuant to the procedures set forth in Chapter 20.10 PTMC.(Ord. 2515 § 1, 1996).
13.04.160 Existing latecomer agreements - Completed construction.
A. Existing Agreements. Nothing in this chapter shall be construed as changing or
modifying any existing utility latecomer agreement between the city and a developer, which
shall remain in full force and effect and subject to its terms.
B. ~ Through October 1, 1997, property owners may apply to the city for latecomer
agreements for water, sewer or storm drainage improvements already constructed.
Notwithstanding other provisions of this chapter, the reimbursement charge for such
32
agreements shall be based on the actual cost of the constructed improvement. All other
provisions of this chapter shall apply to such agreements. (Ord. 2515 § 1, 1996).
13.04.170 Alternative fmancing method.
As an alternative to financing projects under this chapter solely by owners of real estate, the
city may join in the financing of these improvement projects and may be reimbursed in the
same manner as the owners of real estate who pam'cipate in the projects; provided, that the
city has specified the conditions of its participation in an ordinance. The city may be
reimbursed only for the costs of the improvements that benefit the portion of the public who
will use the developments within the established assessment reimbursement area. No city costs
for improvements that benefit the general public shall be reimbursed.
33
Chapter 13.05
UTILITY RATES AND CHARGES
Sections:
13.05.010
13.05.020
13.05.030
13.05.040
13.05.050
13.05.060
13.05.070
13.05.080
13.05.090
13.05.100
13.05.110
13.05.120
13.05.130
13.05.140
13.05.150
13.05.160
13.05.170
Purpose.
Property owner liable for accounts.
Monthly water rates.
Monthly sewer rates
Monthly stormwater rates
Stormwater reserve capacity charges.
Commercial and industrial accounts - deposits.
Bills - Preparation, delivery.
Utility bills - when delinquent; Late payment charge established.
Utility charges are a lien against property - Water shut off; Notice and appeal
provisions.
Termination of utility service to rented dwellings; Tenant's rights and
obligations.
Satisfaction of unrecorded utility liens upon the sale of real property.
Deferred payment.
Partial payment to be prorated.
Contracts for use in special cases.
Payment of base rate - abandonment of meter.
Customer leak repair and bill adjustment.
13.05.010 Purpose.
The purpose of this chapter is to identify rates for water, sewer and stormwater service,
provide effective methods and remedies for dealing with cases of non-payment or late payment
of utility bills and to update the city's billing procedures, to thereby protect the financial
resources of the city and the rate-paying public.
13.05.020 Property owner liable for accounts.
Except as provided in section 13.05.110, in all cases of utility service to residential or
commercial rental property, the property owner shall be liable for the payment of the utility
account, and the property owner shall be listed as the customer to whom service is provided,
except that accounts may be billed to the tenant if the landlord so requests in writing. In such
cases, the landlord remains responsible in the event of non-payment by the tenant and any
unpaid charges remain a lien on the premises.
13.05.030 Monthly water rates.
The following monthly rates shall be charged by the city and collected by the treasurer (for the
purposes of this chapter, treasurer means the city treasurer or his or her designee) for the use
and furnishing of water service, all such rates and charges to be made and paid on a monthly
basis:
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A. Meter Charge. All water used, except for closed connection for fire protection,
shall be metered. Monthly service charges and standby fees shall be based on meter size and
the quantity of water provided to the customer and shall be paid regardless of whether the
service is on or off. The meter charge shall be based on the following schedule:
Meter Size
Inside City
(Per Month)
Adjacent to City
(Per Month)
Outside-of-City
(Per Month)
3/4" meter $12.00 $15.00 $16.05
1" meter 27.95 34.95 37.40
1-1/4" meter 42.00 52.50 56.25
1-1/2" meter 56.00 70.00 75.00
1-3/4" meter 72.90 91.15 97.60
2" meter 89.60 112.00 120.00
3" meter 168.05 210.05 225.00
4" meter 280.05 350.05 375.00
6" meter 560.20 700.25 750.10
8" meter 896.30 1120.40 1200.15
A manifold meter installed for irrigation purposes only shall not be subject to a meter charge
in addition to the charge for the main service meter.
B. Where meters for residential customers larger than five-eighths inch or three
quarter inch have been installed for the convenience of the city, the customer shall be assessed
a meter charge only for the three quarter inch rate.
C. Volume Charges and Summer Use Surcharges. All water use for customers within
the city shall be charged a volume rate of $1.75 per 1,000 gallons or portions thereof,
customers adjacent to the city limits will be charged a volume rate of $2.20 per 1,000 gallons
or portions thereof, and all water use for customers in the outside-of-city (Tri-Area) service
area shall be charged a volume rate of $2.35 per 1,000 gallons or portions thereof, except as
provided below:
1. For single-unit residential and duplex customers with individual meters,
inside the city the volume charge shall be $1.75 per 1,000 gallons plus an additional $0.88 per
1,000 gallons for water use in excess of 11,000 gallons per month during the summer use
period. For single-unit residential and duplex customers with individual meters, adjacent to
the city limits, t_he volume charge shall be $2.20 per 1,000 gallons plus an additional $1.10 per
1,000 gallons for use in excess of 11,000 gallons per month during the summer use period.
For single-unit residential and duplex customers with individual meters, outside-of-city (Tri-
Area) service area, the volume charge shall be $2.35 per 1,000 gallons plus an additional
$1.18 per 1,000 gallons for use in excess of 11,000 gallons per month during the summer use
period. The summer use period shall be the meter reading periods for usage during June, July,
August and September which will appear on bills dated July 1, August 1, September 1 and
October 1 of each year.
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2. For duplex customers with a joint meter and multifamily customers with
three or more units inside the city, an additional $0.88 per 1,000 gallons will be assessed for
water used in excess of an average of 11,000 gallons per unit for the summer use period. For
duplex customers with a joint meter and multifamily customers with three or more units
adjacent to the city, an additional $1.10 per 1,000 gallons will be assessed for water used in
excess of an average of 11,000 gallons per unit for the summer use period. For duplex
customers with a joint meter and multifamily customers with three or more units outside-of-
city (Tri-Area) service area, an additional $1.18 per 1,000 gallons will be assessed for water
used in excess of an average of 11,000 gallons per unit for the summer use period. The
additional charge shall be based on the total meter reading for all meters used to serve the
customer.
3. For irrigation meters, inside the city, the meter charge shall be based on
meter size with a volume charge of $1.75 per 1,000 gallons. For irrigation meters adjacent to
the city, the meter charge shall be based on meter size with a volume charge of $2.20 per
1,000 gallons. For irrigation meters outside-of-city Crri-Area) service area, the meter charge
shall be based on meter size with a volume charge of $2.35 per 1,000 gallons. Beginning
September 1, 1997, all irrigation meters shall be charged a monthly base fee regardless of
whether service is on or off except those irrigation taps which serve premises that are also
served by a domestic tap.
4. Should there be a period during which meter readings cannot be obtained
under a normal reading schedule, the volume charge shall be calculated by averaging the prior
consumption for the two months immediately preceding the period for which a meter reading
cannot be obtained. Charges for the next month during which actual meter reading is taken
shall be adjusted for the difference between the average and the actual metered volume for the
two-month period involved together with the appropriate meter rate. Where there is a
circumstance which, in the reasonable judgment of the treasurer, would make the volume
charge calculation erroneous, the volume charge shall be established under such other method
as the treasurer deems reasonable and fair.
D. Water Charge Method. Meter reading shall be done on a monthly basis.
E. Private Fire Protection. Monthly service charges for private fire protection systems
shall be as follows:
Inside City Tri-Area Adjacent to
City Limits
$10.10 $12.63 $12.63
$17.05 $21.3I $21.31
$34.38 $42.98 $42.98
F. Commercial and Contract Customers. The monthly meter charges for commercial
and contract customers inside the city shall be the same as provided in subsection A of this
section with an additional volume charge of $1.75 per 1,000 gallons used unless a current
contract ~ifically provides for an alternative rate schedule. Commercial and contract
customers located adjacent to the city limits shall be charged a volume charge of $2.20 per
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1,000 gallons used unless a current contract specifically provides for an alternative rate
schedule. Commercial and contract customers located outside the city limits (Tri-Area) shall
be charged a volume charge of $2.35 per 1,000 gallons used unless a current contract
specifically provides for an alternative rate schedule.
(Ord. 2496 § 1, 1995; Ord. 2488 § 1, 1995; Ord. 2445 § 1, 1995; Ord. 2434 § 2, 1994; Ord.
2389 § 1, 1993; Ord. 2381 § 1,1993; Ord. 2341 § 1,1993; Ord. 2289 § 2, 1992; Ord. 2068 §
2, 1987; Ord. 1979 § 4, 1983; Ord. 1941 § 2, 1982; Ord. 1830 § 1,1979; Ord. 1789 § 2,
1977; Ord. 1601 § 4, 1970; Ord. 1471 § 1, 1965; Ord. 1372 § 1, 1959; Ord. 1172 § 1, 1944;
Ord. 1110 § 22, 1939)
13.05.040 Monthly sewer rates.
The following monthly rates shall be charged by the city and collected by the treasurer for the
use and furnishing of sewerage service, all such rates and charges to be made and paid on a
monthly basis:
A. Single-Unit Residential and Duplex Customers.
1. Average Winter Water Use Categories. For single-unit residences and duplexes,
where each unit receives separately metered water service, each unit shall be charged a base
rate, plus a charge per 1,000 gallons of metered water used, up to a fixed limit based on the
customer's average winter water use (AWWU) calculated from the average of water meter
readings actually taken during winter months which show on billing dates of January through
April of each year rounded to the nearest hundred gallons. The bill a customer receives each
year dated May 1 will have the new AWWU which will be in effect until the next May 1
billing date.
2. Monthly Rates. The base monthly rate for each metered customer shall be $25.00
per month plus $2.60 per 1,000 gallons of water used as established through the AWWU
process. For duplexes with a single water meter, the charge shall be based on the size of the
water meter serving the property as identified in subsection B below, plus a charge of $2.60
per 1,000 gallons AWWU. Monthly sewer charges where actual water usage in a particular
month is less than the AWWU shall be calculated as a combination of the base rate plus a
charge of $2.60 per 1,000 gallons of water actually used, rounded to the nearest hundred
gallons. Charges for a monthly period during which the meter is not actually read shall be
calculated by averaging the prior water consumption for the period during the two months
immediately preceding the period for which a meter reading is not obtained, multiplying that
average amount (not to exceed the AWWU maximum) by the volume charge per 1,000 gallons
and adding that charge to the base charge. An adjustment for actual usage shall be made in the
next monthly billing based on actual meter readings, if necessary. If the customer does not
have a recorded four-month use to establish the AWWU, the charge shall be set at the base
rate plus the monthly rate for the average AWWIJ within the customer class. If there is a
change in occupancy during the AWWU determination period for a particular year, the charge
shall be set at the base rate plus the monthly rate for the average AWWU within the customer
class.
B. Mulfifamily Customers.
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1. Base Charges. For multifamily residences with three or more units, the base monthly
charge shall be based on the water meter size. The base charge shall be:
3/4" meter
1" meter
1-1/4" meter
1-1/2" meter
1-3/4" meter
2" meter
3" meter
4" meter
6" meter
8" meter
$25.00/month
$35.00/month
$40.O0/month
$45.05/month
$58.75/month
$72.55/month
$275. lO/month
$350.15/month
$525.20/month
$725.30/month
2. Total Charges. The total monthly multifamily charges shall be the base charge plus a
charge of $2.60 per 1,000 gallons of water actually used, rounded to the nearest hundred
gallon amount, with the maximum per gallon charge capped at 4,000 gallons per unit.
C. Commercial Customers. Commercial accounts shall be charged the same base rate,
based upon meter size, as mulfifamily customers. However, commercial customers shall be
charged an additional amount of $2.60 per 1,000 gallons of water used, rounded to the nearest
hundred gallons, with no maximum cap on additional charges, or if a commercial customer
generates high-strength waste or waste with high variability in loadings, charges shall be on a
commodity basis and provided in Chapter 13.24 PTMC.
D. Industrial and Contract Customers. The city may establish rates and charges for
industrial and large user customers that have unique or special use characteristics. The rates
and charges shall be based on existing contract conditions, costs of service, including waste
volume and strength, and such other factors deemed relevant in establishing reasonable rates
and services in the judgment of the director of public works.
E. For all classes of users subject to metered rates, should there be a period during which
meter readings cannot be obtained under a normal reading schedule, volume charges shall be
calculated by averaging the prior consumption for the two months immediately preceding the
period for which a meter reading cannot be obtained. Charges for the next month during which
the actual meter reading is taken shall be adjusted for the difference between the average and
the actual metered volume for the period involved together with the appropriate meter rate.
Where there is a circumstance which, in the reasonable judgment of the treasurer, would make
the volume charge calculation erroneous, the volume charge shall be established under such
other method as the treasurer deems reasonable and fair.
(Ord. 2489 § 1, 1995; Ord. 2434 § 1, 1994; Ord. 2382 § 1,1993; Ord. 2342 § 1,1993; Ord.
2302 § 1, 1992; Ord. 2287 § 2, 1992; Ord. 2063 § 1, 1987; Ord. 2055 §1, 1986; Ord. 2026
§ 1, 1986; Ord. 1980 § 2, 1983; Ord. 1942 § 3, 1982; Ord. 1872 § 1,1980; Ord. 1791 § 1,
1977; Ord. 1657 § 1, 1973; Ord. 1508 § 3, 1967)
38
13.05.050 Monthly stormwater rates.
A. Single-family residential fees. The monthly service fee for each single-family
dwelling shall be $5.40, provided that the impervious surface on the lot shall not exceed 3,000
square feet. If the impervious surface exceeds 3,000 square feet, the rate established in
subsection B below shall apply. (Ord. 2274 § 1, 1991; Ord. 2054 § 2, 1986)
B. Commercial/multi-family and all other fees. The monthly fee for all other
property within the city not covered by subsection A above shall be according to the following
formula:
(Impervious area/3,000 sq. ft.) x single-family rate = monthly fee.
(Ord. 2071 § 2, 1987; Ord. 2065 § 1, 1987; Ord. 2054 § 4, 1986)
C. State highway charge. Pursuant to RCW 90.03.525, the city may charge a
monthly fee for state highway right-of-way. (Ord. 2054 § 7, 1986)
13.05.060 Stormwater reserve capacity charges.
For properties developed after the effective date of the first billing of the fees imposed by this
chapter, the city shall levy a charge for connection to the city's storm water drainage system.
This charge reflects the city's investment in storm water drainage facilities either through prior
investment or bonding. The charge, to be known as the "Reserve Capacity Charge," shall be
computed as follows:
Reserve Capacity Charge = $3.00 x Number of months since March 1, 1987.
(Ord. 2054 § 8, 1986)
13.05.070 Commercial and industrial accounts - Deposits.
A. At the time a commercial or industrial account is requested and before it is
authorized, the city treasurer may require the person requesting services to make a deposit with
the city.
B. Such deposit will normally be based on one month estimated utility charges for
the business type for which services are requested.
C. Nothing in this chapter shall prevent the city requiring additional or new
deposits when conditions such as chronic delinquencies warrant. This additional deposit will
cause the total deposit to equal twice the customer's highest bill.
D. A deposit, once established, may be refunded in whole or in part to the person
or credited to the account of that person upon receipt by the city of the person's prior utility
credit rating deemed suitable by the city treasurer or designee to assure with certainty that the
account with the city will not become delinquent. In the absence of such assurance, the
deposit may be retained by the city until a customer discontinues service. The city will apply
such deposit to fully pay any remaining charges on the account. Under no circumstances shall
any part of the deposit be used as payment for charges until an account has been finalized and
all services have been discontinued. If circumstances such as timely payment history warrant,
the city treasurer may, by determining that the city is assured with certainty that an account
will not become delinquent, release all or part of the deposit to the depositor upon request
prior to discontinuance of service; provided, however, that no such refund will occur without
39
the customer having a good payment history with the city for at least 12 months from the time
of deposit.
13.05.080 Bills - Preparation, delivery.
A. The city treasurer shall establish and maintain a monthly system of billing for
utilities provided or billed by the city. The billing shall be a consolidated billing for all
utilities.
B. Once prepared, this bill shall be delivered to the customer, by deposit in the
United States mail, addressed to the address shown on the application for utility service
submitted by the customer to the city or on any change of address submitted by the consumer
to the city.
C. Deposit in the United States mail pursuant to subsection B of this section shall
be deemed full and complete notice to the consumer of the nature and amount of any particular
utility billing.
D. All utility bills are due and payable without further notice, when properly
deposited by the city in the United States mail.
E. When services is discontinued, the customer is responsible for payment of all
outstanding utility bills.
F. The city treasurer is authorized to promulgate rules and policies for the
implementation of this chapter.
13.05.090 Utility bills - when delinquent; late payment charge established.
A. Utility bills for which payment is not filed and received by the 20th of the
month shall be considered delinquent. Pursuant to RCW 1.12.070, payment by the customer
occurs when the payment is filed and received. Payment is deemed filed and received by the
city on the date shown by the post office cancellation mark stamped on the envelope.
Delinquent accounts will be assessed a penalty charge of 1.5 % of the outstanding balance per
month.
B. In all cases the city treasurer has the discretion to consider a deferred payment
plan in accordance with section 13.05.130.
13.05.100 Utility charges are a lien again~ property - Water shut off; Notice and
appeal provisions.
A. Lien and Collection Rights. Except as otherwise provided in this chapter, all
utility rates shall be charged against the premises for which the service is installed. All utility
charges which become delinquent and unpaid shall be a lien against the premises for which the
service is installed. This lien may be enforced by all means available at law or equity. In
addition, the city can collect the money owed by using all legal means available for the
collection of a debt, including but not limited to a use of a collection agency, or by filing a
collection action in small claims court or superior court.
B. Water shut off notice. Pursuant to state law (RCW 35.21.290 - .300) the city
may terminate water utility service to a customer who is delinquent in paying his or her water
bill. Prior to termination of service, the city shall send the customer a water shut off notice,
40
stating that if all delinquencies are not paid by the date identified in the notice, the city will
discontinue water service without further notice on or after a date certain to be stated in the
notice. The water shut off notice shall further state that if the customer has questions or
concerns concerning the utility bill, he or she may request an informal hearing before the city
treasurer, at the address and telephone number stated in the notice, and shall inform the
customer of any appeal rights of the decision of the city treasurer. Any request for an
informal hearing before the city treasurer must be made at least seven days prior to the date of
the shut off notice.
1. The city treasurer shall have the authority to review the facts, to correct any
errors in the billing, and to arrange for credit terms pursuant to Chapter 13.05 PTMC.
2. The city treasurer's decision may be appealed pursuant to Chapter 1.14 PTMC;
provided, however that no appeal filing fee shall be charged.
3. Restoration of Water Service to the Premises. Except as otherwise provided in
this chapter, water service shall not be reconnected until all arrears, delinquent and unpaid
charges, late payment fees, the water turn on fee, and any required deposits are paid;
provided, however, that pursuant to RCW 35.21.290 and 35.21.300, water service must be
restored to the premises if the last four months of water bills are paid. All other remedies
available at law or equity may be used to collect the remainder of delinquent charges.
C. Delinquent Sewer and Stormwater Charges. The city shall have and may
exercise all of those powers for collection of delinquent sewer and stormwater charges as set
forth in the sewer lien foreclosure statutes, chapter 35.67.200 through 35.67.280 RCW. As an
additional and concurrent method of enforcing such liens, the city may also shut off water to
the premises to which such sewer and stormwater service was furnished in order to enforce
payment of a delinquent sewer and stormwater bill, as further set forth and under the authority
of RCW 35.67.290.
D. City Treasurer Authority. The city treasurer is authorized to promulgate further
rules and policies for the implementation of this section.
13.05.110 Termination of utility service to rented dwellings; Tenant's rights and
obligations.
A. Notice of termination of utility service, whether voluntary (requested by
property owner) or involuntary (for nonpayment of utility charges) shall be provided to both
the owner and occupant of the premises, if the owner does not reside there. Notice to the
occupant may include, at the city's discretion, mailed notice to the occupant of the premises or
posted notice.
B. When a rented dwelling for which a delinquent utility bill is owed is occupied
by a tenant, but the utility account is in the landlord's name and the account is not billed to the
tenant for payment, pursuant to section 13.05.020, no termination of water service will occur
unless the tenant is first provided an opportunity to place the account in his or her own name
without incurring any liability for the landlord's delinquent bill. If service is terminated before
the tenant has exercised this right, the tenant can have water restored without liability for the
delinquent bill by applying to place the account in his or her name for future service, and by
paying usual reconnect charges.
41
C. A new tenant shall not be refused water service because of a prior tenant's
failure to pay a utility bill.
D. A tenant's unpaid balance from an existing account may be transferred to a new
account if the tenant moves to an address within the city's utility service area; provided,
however, that the transferred balance remains a lien against the premises where the liability
was incurred and not on the new premises.
13.05.120 Satisfaction of unrecorded utility Hens upon the sale of real property.
Effective January 1, 1997, upon the sale of property with unpaid charges, the city's lien rights
shall be as specified in Chapter 60.80 RCW. That law generally provides that closing agents
must request a final billing from all defined utilities, which includes the city utilities. The city
is required to provided the closing agent with an estimated or actual final billing within a
specified time frame. If the city fails to provide the requested information in a timely manner,
any unrecorded lien for charges incurred prior to the closing date is extinguished and the utility
city may not recover the unpaid charges from the purchaser of the property. The city's retains
the right to recover unpaid charges from the seller, as more fully set forth in Chapter 60.80
RCW.
13.05.130 Deferred payment.
If the customer is unable to pay the full amount of utility charges due because of temporary
financial difficulties or other hardship, the city treasurer may accept a deferred payment
agreement; provided, however, that the city will be under no obligation to enter into any
deferred payment agreement with any consumer who has not fully and satisfactorily complied
with terms of any previous agreement.
13.05.140 Partial payment to be prorated.
Any partial payment shall be prorated to the various utilities (water, sewer, stormwater and
garbage.) (Ord. 2062 § 11, 1987; Ord. 1110 § 26, 1939)
13.05.150 Contracts for use in special cases.
The city may enter into special contracts for the use of water, sewer or stormwater service in
extraordinary cases when the same do not conflict with the terms of this chapter. Further,
nothing in this chapter shall affect a preexisting rate agreement between a customer and the
city for the term of such agreement(s). (Ord. 1110 § 28, 1939)
13.05.160 Payment of base rate - abandonment of meter.
All premises, whether occupied or vacant, shall be charged a base rate, based on meter size,
for reservation of capacity. A customer may request that a meter be totally abandoned, in
which case the city will permanently remove the meter. The owner will no longer be
considered a current customer, and upon application for water service in the future will be
required to pay all applicable fees and charges, including but not limited to SDCs, connection,
and drop-in fees.
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13.05.170 Customer leak repair and bill adjustment
When excessive meter registration is caused by broken or leaking water service pipes from the
water meter into the structure or water pipes under the structure, including any crawl space or
other structural components of the structure, without the knowledge of the customer, an
adjustment to the water and wastewater bills may be made upon written application and
satisfactory proof showing where the leak or break occurred and that a repair has been made.
The adjustment would be for up to two months billing cycles. The basis for adjustment shall
be the normal consumption under similar operating conditions. The billing adjustment shall
not exceed $500.00. The Average Winter Water Use (AWWU) calculation for sewer rates
shall be established in accordance with section 13.05.040 of this chapter.
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Article H
Chapter 13.11
WATER SERVICE - GENERAL PROVISIONS
Sections:
13.11.010
13.11.020
13.11.030
13.11.040
13.11.050
13.11.060
13.11.070
Purpose.
Inspections/right of entry.
Emergency interruption of service.
City not liable for damages; inadequate fireflow; water quality orders.
Refusal, limitation or discontinuance of service.
Unlawful acts defined.
Violations - Penalties - Chapter 20.10 PTMC applicable.
13.11.010 Purpose.
A. The purpose of Chapters 13.11 through 13.17 PTMC (hereinafter this "water code") is
to promote the public health, safety, and general welfare of the users of the Port Townsend
municipal water system, in accordance with standards established by the city, state and federal
laws and regulations. In furtherance of this purpose, the following rates and regulations are
established for the service, extension and management of the city's water system.
B. Chapter 13.01 PTMC contains definitions and provisions related to engineering design
standards manual, administration and enforcement, compliance with federal, state and local
requirements, permit requirements, inspection requirements, performance bond requirements,
appeals, waivers and variances which are considered part of this water code.
13.11.020 Inspections/right of entry.
Any person with an existing service connection or applying for a service connection to the
city's water system shall be deemed to have freely and voluntarily consented to entry by
authorized city employees with proper identification, at reasonable hours of the day and upon
advance notice to the occupant, onto all parts of the premises or within buildings for the
purpose of inspecting the water system construction and/or checking conformity to these
regulations and the engineering design standards manual. All other right of entry by cit.,,
employees shall be governed by the procedures of Chapter 20.10 PTMC.
13.11.030 Emergency interruption of service.
In case of emergency, or whenever the public health, safety, or the equitable distribution of
water so demands, the director may authorize the department to change, reduce or limit the
time for, or temporarily discontinue the use of water. Water service may be temporarily
interrupted for purposes of making repairs, extension or doing other necessary work, or due to
water main breaks or water quality concerns. Before so changing, reducing, limiting or
interrupting the use of water, the department shall, insofar as is possible or practical, notify all
water consumers affected.
44
13.11.040 City not liable for d~nmges; inadequate fireflow; water quality orders.
A. City Non-liability. The city shall not be liable for damages nor will allowances
be made for loss of production, sales or service if the city's source of water supply or means
of distribution changes, fails or is curtailed, suspended, interrupted or interfered with, or for
any cause reasonably beyond its control. Such pressure variations, failure, curtailment,
suspension, interruption or interference shall not be held to constitute a breach of contract on
the part of the city, or in any way affect any liability for payment for water made available or
for money due on or before the date of such occurrence. The customer shall notify the public
works department as soon as possible in the event of any such occurrence.
B. Meters, Pipes, and Equipment on Customer's Premises. In accordance with
Chapter 13.14 PTMC, all water meters and city pipes and equipment shall be located in the
public right-of-way. In the event that a water meter and/or other city pipes and equipment are
located on the customer's premises, the customer agrees, as a condition of water service, not
to make a claim against nor sue the city for any damages due to water leakage and shall hold
the city harmless from any and all claims and litigation which allege damages resulting from
water leakage occurring at such meter, pipes, and/or equipment.
C. Inadequate Fireflow. Certain properties at high elevations within the city's
service area may have inadequate fireflow at some or all times due to the elevation of the
property. Except pursuant to its authority under SEPA or Department of Health or state law
requirements, the city will not prohibit development in such areas; however, the city expressly
declines any liability for damage, whether by fire or otherwise, resulting from inadequate
fireflow, and reserves the right to impose special conditions on development in, or continued
service to, such areas.
D. Water Quality Orders. The public works director shall have the authority to
require water users to boil water or take other water quality precautions pursuant to a boil
water or other order as required by local, state or federal law.
13.11.050 Refusal, limitation, or discontinuance of service.
A. The city may refuse or discontinue service to any customer for violation of any
provision of the water system code or for failure to pay bills when due, in accordance with the
procedures established by Chapter 13.05 of this code, state law, or other city ordinances.
B. The city may limit, refuse or discontinue service to any customer who requires
or uses such volume of water as may impair the supply or distribution of water or the health
and safety of other customers.
C. The city may discontinue or refuse service to any premises upon which a private
water supply system is used or operated contrary to the provisions of this chapter.
D. The city may discontinue service to any customer who makes an unauthorized
connection to the city's water system, bypasses a meter, or in any way misappropriates city
water.
E. Discontinuance of service for any cause stated in this title shall not release the
customer from their obligation to the city for the payment of bills or charges. Whenever
service is discontinued as provided above, or at the request of the customer, the customer shall
be charged for the shutoff in accordance with Chapter 3.36 PTMC.
45
13.11.060 Unlawful acts deemed.
A. Any person causing damage to any property belonging to the department shall
be liable for any and all damages resulting either directly or indirectly therefrom.
B. It is unlawful for any person to wilfully disturb, break, deface, damage or
trespass upon any property belonging to or connected with the water system of the city, in any
manner whatsoever.
C. It is unlawful for any person to store, maintain or keep any goods, merchandise,
materials or rubbish within a distance of five feet of, or to interfere with, the access or
operation of any water meter, gate valve, fire. hydrant, or other appurtenance in use on any
water service, connection, water main, or fire protection service.
D. It is unlawful for any person supplied with water from the city's water system to
use the water for purposes other than those named in the application upon which rates for
water are based, or for any other purposes than that provided for in his or her application.
E. It is unlawful for any person to refuse or fail to comply with any provision of
this water code or the engineering design standards manual.
13.11.070 Violations - Penalties - Chapter 20.10 PTMC applicable.
A. Violations/Misdemeanor. Any person committing an offense listed in Chapter
9.02 PTMC shall be punished as set forth in RCW 9A.61 et seq. Any person who knowingly
violates or fails to comply with any other provision of this water code is guilty of a
misdemeanor. Unless another penalty is established by city ordinance, any such person, upon
conviction, shall be punished by a frae of not more than $1,000 or by imprisonment for not
more than 180 days, or by both such fine and imprisonment. Each day such violation or
failure to comply continues shall be considered an additional misdemeanor offense.
B. Chapter 20.10 PTMC - Alternative Remedy. In addition or as an alternative to
any penalty provided in subsection (A) above, any person violating or failing to comply with
any of the provisions of this water code is also made subject to the civil enforcement authority
of Chapter 20.10 PTMC. The director is authorized to order correction and discontinuance of
any violative conditions of the provisions of this water code under the procedures of Chapter
20.10 PTMC, which provide for voluntary correction orders, formal notice and orders to
correct the violation, abatement orders, stop work and emergency orders, and assessment of
civil penalties.
C. This section shall not be construed to limit or restrict the authority of any law
enforcement agency to investigate and pursue prosecution for any criminal conduct under any
applicable local, state, or federal laws.
D. Public Nuisance. All violations of this title and standards required thereby are
determined to be detrimental to the public health, safety and welfare and are public nuisances.
All conditions which are determined by the director to be in violation of this title or standards
required thereby shall be subject to the provisions of this title and shall be corrected by any
reasonable and lawful means, as provided in Chapter 20.10 PTMC.
46
Chapter 13.12
WATER SERVICE AND RESERVATION SYSTEM OUTSIDE OF CITY
Sections:
13.12.010
13.12.020
13.12.030
13.12.040
13.12.050
13.12.060
13.12.070
13.12.080
13.12.090
13.12.100
Application for water reservation and engineering design standards manual.
Reservations within adopted service area only.
Reservation requires water availability.
Conditions of approval regarding reservations.
Payment of certain fees required for issuance of water reservation - Creation of
waiting list and refunds.
Life of water reservation - Extension.
Relinquishment of water reservation.
Administrative decisions - Appeals.
Limitation on actions.
13.12.010 Purpose.
A. This chapter is intended to provide an orderly system for commitments to
provide water supply to property owners located within the water utility's outside-of-city
service area. It is the intention of this chapter that a system of water reservation be established
which will provide certainty regarding water service to those who are ready to use it at or near
the time they obtain a reservation or commitment for service from the water utility while at the
same time preserving the ability of the water utility to provide reliable service to its existing
customers. This system is necessary to allow those who have partially developed properties
adjacent to existing water infrastructure to have an opportunity in future years to obtain water
supply and to avoid system capacity being reserved for large vacant parcels at a pace greatly
exceeding actual rates of growth and development in the outside-of-city service area.
B. This chapter is further intended to provide a system for commitments to provide
water supply to be perfected by actually paying all charges under this chapter. Payment of
these charges is intended to allow the city to have the funds in hand necessary to complete
major improvements to the water system, such as providing increased storage capacity,
upgrading the sizes of existing main lines and other system-wide improvements necessary to
accommodate growth concurrently with the actual need for service and to create a disincentive
to speculative reservations of water in advance of actual development of the property and need
for the water service. Due to the limited supply of city water and the fact that water supply
would soon be over committed if speculative reservations of water are allowed to occur and
continue in significant numbers, the process established in this chapter also provides for
relinquishing of the temporary commitment to provide supply if the water is not actually
beneficially used within a reasonable period of time.(Ord~2393 § 1, 1994; Ord. 2387 § 1,
1993).
47
13.12.020 Application for water reservation and engineering design standards
manual.
A. An application for water reservation shall be provided on forms established by
the director of public works. The director of public works shall require a fee to be charged in
the amount established under Chapter 3.36 PTMC to allow processing of such applications.
Applications shall, at a minimum, require the following:
1. A legal description and address of the property to be served be provided, that
the proposed use of the property be identified;
2. The proposed timing of development be identified; and
3. A property map identifying the property to be served be provided at a scale and
dimension specified by the director of public works.
An application for a water reservation shall not be accepted unless it can be established that an
application for a preliminary plat, final plat, a discretionary land use permit or a building
permit has been fried and is being pursued concurrently with the application for water
reservation. No new taps for irrigation purposes only shall be granted in the outside-of-city
service area after the effective date of the ordinance codified in this chapter. The director of
public works may require that a fully engineered plan to provide service be prepared by a civil
engineer licensed in the state of Washington as part of the application when, in the director's
judgment, such a plan is necessary to determine the amount of water which is to be
temporarily reserved and/or it is necessary to allow the proposed water system to be integrated
into the existing city water supply system. The director of public works may establish such
other requirements for applications and system design as are reasonably necessary to determine
the amount of water to be reserved or to insure proper design of the system. Such requirements
may include the design and implementation of reasonable water conservation measures.
B. The application requirements and system design requirements for water system
improvements are contained in the engineering design standards manual adopted in Chapter
13.01 PTMC as well as other applicable sections of this code.
13.12.030 Reservations within adopted service area only.
A. The director of public works may only allow reservations of water service within
the service area established by the city through the coordinated water system plan (CWSP)
designation process. The city council may, however, on an emergency basis, either reduce the
service area specified in the CWSP or halt the reservation of future water supply where failure
to do so would result in over-commitment of the available supply in advance of capital facility
construction necessary to provide the supply, or where the system will be unable to provide a
reliable supply of water to existing customers or those who have already made temporary
reservations of water supply. The emergency modification of the service area or the halting of
reservation of water supply shall be established by resolution of the city council consistent with
the provisions of this chapter.
B. An exception to the above requirement may be granted by the director of public
works where there has been a prior, legally binding commitment made to provide service by
the city. (Ord. 2387 § 1, 1993).
48
13.12.040 Reservation requh-es water ava/lability.
A. Water reservation may only be granted where there will be sufficient water supply
actually available and concurrently available for the commitment being given. Water supply
shall be considered sufficient only when the amount of water actually available is sufficient to
reliably meet the needs of existing customers of the city, the amounts identified in wholesale
contracts committed to by the city and any other valid contracts or commitments of the city
regarding water supply which are in existence at the time the reservation is applied for. A
request for water reservation shall be denied if there is not sufficient water supply available or
if there is no specific, funded capital improvement identified in a capital facilities or capital
improvement plan which would make sufficient water supply available concurrently with the
development proposed in the reservation request. Concurrency shall be defined for purposes of
this chapter in the same manner as it is defined in the Washington State Growth Management
Act at RCW 36.70A.070 and any city of Port Townsend ordinances regarding growth
management which further refine the definition of concurrency in the Growth Management
Act.
B. Where requests for reservation of water are being denied because water is no longer
available, a list shall be kept by the director of public works which identifies owners
requesting water reservations or water connections in the order in which such requests are
received. Should additional water become available and if the applicant wishes to have the
application be reconsidered, applications shall be considered in the order received on a
prioritization list kept by the director (per section 13.12.060 below).
C. Should a reservation be denied by the city, the property owner is then free to
approach the satellite system management agency established under the coordinated water
system plan to seek alternate water service. If water service is provided by an alternate
purveyor, the applicant shall be removed from the city's prioritization list. (Ord. 2387 § 1,
1993).
13.12.050 Conditions of approval regarding reservations.
The director of public works shall have the authority to impose conditions of approval
regarding the issuance of a water reservation under this chapter. Such conditions of approval
may include conditions regarding phasing or timing of development to insure that capital
improvements necessary to provide reliable water supply concurrently with the proposed
development are completed; that the reservation be tied to a specific project as proposed; that
the amount of water reserved be limited; that the water reserved be specifically limited to a
certain number of equivalent residential units as that term is defined in Chapter 13.03 PTMC;
that certain on-site or off-site improvements be made by the applicant or property owner to
allow system connections to be properly made; that reasonable and appropriate water
conservation measures be implemented in the development of property to prevent the waste of
water; and that any other reasonably necessary measures be taken to insure that the
development is consistent with sound water use and development policies and practices. (Ord.
2387 § 1, 1993)
49
13.12.060 Payment of certain fees required for issuance of water reservation -
Creation of waiting list and refunds.
A. No water reservation shall be issued or be deemed valid until the following fees,
set forth more fully in Chapter 3.36 PTMC, are paid: 1. Water reservation application fee;
2. System development charges (SDC) for each equivalent residential unit being
proposed;
B. Water tap fees shall not be payable until application for the tap is actually made and
such charges are due and payable under Chapters 13.05 and 3.36 PTMC. After the tap is
installed, all monthly charges and user fees shall be payable whether the tap is in use or not.
System development charges in the city's outside-of-city service area shall be paid at the time a
water reservation is approved and issued. The water reservation shall not be deemed valid until
the system development charges have actually been received. System development charges
shall be paid within 15 working days after notification that the reservation has been approved
or the application for water reservation shall be deemed abandoned.
C. A proportional refund of charges other than the water reservation fee shall be made
where the number of services or equivalent residential units (ERLI) is reduced after payment of
an initial fee based on a higher ERLI. If the ERUs are increased, a higher fee shall be assessed
for the additional ERLIs before water service may be established or a reservation for the
additional ERLIs may be granted.
D. Where a request for water reservation has been denied because water is currently
unavailable, the director of public works may, where future capital improvements will make
additional water available at a later date, establish a waiting list for availability of water. The
waiting list shall allow future available water to be allocated or reserved in the order in which
applicants have submitted their application for water reservations or a place on the waiting list.
An applicant wishing to be placed on the waiting list shall pay, prior to placement on the
waiting list, in addition to the application fee for a water reservation, all system development
charges for the equivalent residential units being proposed by the applicant. The system
development charges paid are to be utilized for the development of additional capital facilities
necessary to provide the additional water supply necessary to serve the party on the waiting
list. (Ord. 2393 § 2, 1994; Ord. 2387 § 1, 1993).
13.12.070 Life of water reservation- Extension.
A water reservation shall be perfected when actual installation of the tap or taps involved is
complete. A water reservation for applications involving development proposals other than
subdivisions shall be valid for a period of one year and shall expire unless installation of the
tap occurs within that period or an extension of the reservation is granted. Upon payment of a
fee established in Chapter 3.36 PTMC, a water reservation for an application involving a
development proposal other than a subdivision may be extended for a single additional
one-year period where it is established that permit applications for development of the property
have not been issued due to no fault of the applicant for reasons such as preparation of an
environmental impact statement, additional public processing or requests for further analysis or
information from the permitting agency. Where the water reservation application involves a
50
subdivision, consistent with the provisions of RCW 58.17.170, the reservation shall be valid
for a period of five years from the date of approval of the final plat unless a change in
conditions creates a serious threat to the public health or safety. (Ord. 2393 § 3, 1994; Ord.
2387 § 1, 1993).
13.12.080 Relinquishment of water reservation.
The holder of a water reservation may relinquish the right to receive the water reserved prior
to installation of the actual taps. If the water reservation is relinquished prior to installation of
the taps, refund of system development charges shall be made based upon the following
schedule:
Relinquishment Date
Within one year
Within two years
(Ord. 2387 § 1, 1993).
Refund Percentage
90% of SDC
70% of SDC
13.12.090 Administrative decisions - Appeals.
A. An applicant for a water reservation may appeal any decision of the public works director
to deny or condition a water reservation or deny extension of a water reservation to the city
council under the procedures set forth in Chapter 1.14 PTMC. There is an appeal filing fee in
the amount specified in Chapter 3.36 PTMC for city council appeals of decisions of the
director of public works. (Ord. 2387 § 1, 1993)
13.12.100 Limitation on actions.
Any decision, finding, ruling, determination or binding recommendation of the director of
public works or the city council made pursuant to this chapter shall be final on the date such
decision is made in writing and no action to set aside or modify the same shall be brought in
the superior court or other tribunal unless the action shall be filed within 30 days from the date
of such decision, finding, ruling, determination or binding recommendation. (Ord. 2387 § 1,
1993)
51
Chapter 13.13
WATER SERVICE CONNECTIONS
Sections:
13.13.010
13.13.020
13.13.030
13.13.040
13.13.050
13.13.060
13.13.070
13.13.080
13.13.090
13.13.100
13.13.110
13.13.120
13.13.130
General requirements.
Application for in-city service - Payment of fees.
Out-of-city water service.
Service connections - Specific requirements.
Main extension, main replacement and other system improvements required.
Service connection sizing.
Other requirements.
City and customer responsibilities.
Use of the service.
Lawn sprinkler specifications.
Fire protection service.
Temporary connections for construction and other uses.
Transfer of water taps not allowed.
13.13.010 General requirements.
A. City Water Service Area - Water service required. Any person applying for a
building or other land use permit for development within the city limits shall be required to
connect to the city's water system and comply with all sections of this code and the
engineering design standards. Wells may be allowed for irrigation purposes only, provided
that there is no physical connection to the city's water system, and the city reserves the right
to require cross-connection controls.
B. Out-of-city service area. In the city's out-of-city service area, the city has the
right of first refusal regarding water service. If the city elects not to provide water service, the
applicant may seek service from another service provider in accordance with the adopted
coordinated water system plan CCWSP").
13.13.020 Application for in-city service - Payment of fees.
A. It shall be unlawful for any person to make any connection with any water main
without complying with the provisions of this chapter and having first received an approved
water connection permit and paying all applicable fees and charges as identified in Chapters
13.05 and 3.36 PTMC.
B. Water service application required. An application shall be made for water
service to any premises, for a change in use of a premises, for a change in size of a service
connection or for the use of fire hydrants.
C. Form of Application. All applications for water service shall be submitted to
the city department identified in the engineering design standards manual and shall be
submitted on forms provided by the city. Information required for the water service
application shall include:
52
1. The name of the owner or agent and his or her mailing address, the
street address or name of the premises to be served, and the legal description of the premises
to be served.
2. The purpose for which the water is to be used, the type of development
proposed and the number of living units within the premises to be supplied. The applicant
shall also designate all fixtures and outlets to be installed. Such information must be sufficient
to determine the size of water service, cross-connection control requirements and fireflow
requirements.
3. A site plan showing the proposed location for the service connection and
meter.
4. Upon request by the director, a hydraulic analysis of the system used to
serve the development and mitigation measures if the assessment shows that the city system
does not have sufficient capacity.
5. Any other information deemed reasonably necessary by the director for
action upon the application, or required by other provisions of the water code, SEPA, the
environmentally sensitive areas ordinance or other city ordinance.
6. The design drawings and specifications and Utility Development permit
application for the water system improvements required under Chapter 13.14 PTMC.
D. Complete Application Required. The city will not process any application
unless and until the information required by subsections B and C above is substantially
complete. The public works director may reject an application as incomplete witYdn a
reasonable time of review, in which case the director shall return it to the applicant with an
indication of the additional information needed to make the application complete.
E. Payment of Fees and Charges Required. All fees and charges shall be paid at
the time of building permit approval or at such other time as noted in this code. The fees for
service connections are as established in the schedule of fees and charges set out in Chapter
3.36 PTMC. Such fees and charges shall cover the cost of tapping the city's water main for
the necessary size of service, installing the piping necessary to reach to within two feet of the
property line, to a maximum distance of sixty feet, and provide and install a yoke, shut off,
meter and meter box. For any additional extra length of service pipe beyond sixty feet, the
customer shall be billed for the additional cost plus administrative overhead.
F. Contract with the City. The approved application shall constitute a contract
whereby the applicant agrees as a condition for the service of water to comply with the rules
and regulations of this chapter and the engineering design standards manual.
G. Approved permits must be posted at all times during the performance of the
work, and until completion thereof in some conspicuous place at or near the work and must be
readily and safely accessible to city staff.
13.13.030 Out-of-city water service.
A. Application for out-of-city water service shall be governed by Chapter 13.12 of
this water code.
53
B. Outside the city limits, if a trailer, mobile home or similar structure is moved
upon property on which there is already a house or other structure being served by city water
service, and the same is to be used as a permanent residence and is not physically connected to
the existing house or other structure, then such trailer, mobile home or similar structure will
require a separate service and meter.
C. Outside the city limits, if a developer installs water mains, service lines and
meter boxes, he or she will be charged the fees and charges identified in Chapter 3.36 PTMC.
D. All water service in out-of-city service areas shall comply with this code and the
engineering design standards.
13.13.040 Service connections - Specific requirements.
A. Installation of Service Connections. All water service connections shall be
made by the department, except as approved by the director for projects which are not on live
water lines.
B. All Services to be Metered. All service connections to the city water system
shall be metered and all premises shall be separately metered.
C. Connection to Transmission Lines Prohibited. No service connections shall be
made to transmission lines unless approved in writing by the director.
D. Payment for Service Connections. Initial service connections shall be installed
at the expense of the property owner.
E. Connections to Main Required - Exceptions. Each served premises must have a
separate connection to a main except as approved by the director in the following instances:
1. Where separate connection is impossible or impractical.
2. Adjacent residential or commercial premises services may share a
common connection to the main.
F. Replacement of Buildings. When buildings are replaced by new buildings, the
existing water service connection may be used unless determined by the director to be
unacceptable, in which case the customer shall be required to install a new water service
connection and applicant shall pay installation charges and the difference in system
development charges in the case of upsizing.
13.13.050 Main extension, main replacement and other system improvements required.
A water main extension, main replacement and/or other system improvements may be required
as further set forth in Chapter 13.14 PTMC.
13.13.060 Service connection sizing.
A. Sizing. The size of service connection and the main to the premises served shall
be determined based on the Uniform Plumbing Code (as adopted by the city in Chapter 16.04
54
PTMC) and the engineering design standards manual, using the information supplied in the
application for service described in section 13.13.020 above.
B. Over-sizing. The city may require oversizing of any service connection to
improve service to the customer; however, SDCs and base rates will be assessed in accordance
with Chapters 13.03 and 13.05 PTMC.
C. Change in Use. A change of use that increases water use may require a larger
tap size and a new service connection, unless the existing service is adequate for the changed
use, as determined by the director. If a new tap and service connection is required, fees and
charges shall be paid as set forth in Chapters 13.03, 13.05 and 3.36 PTMC.
D. Down-sizing. Upon payment of required fees and charges identified in Chapter
3.36 PTMC, the city will reduce the charges for a customer who makes an application and
receives approval for a down-sizing of their meter effective the date payment is made.
13.13.070 Other requirements.
A. Booster Pumps Allowed. In instances where water pressure is insufficient
because of the elevation of the premises, a booster pump may be used, provided that the
applicant pays for the booster pump and all installation and maintenance costs. See Chapter
13.11 lYrMC for city liability limitations.
B. Pressure Reducing Valves. The City may recommend a customer to install a
pressure reducing valve because of high pressures in the city water system or in certain high
pressure areas the city may require pressure reducing valves. It shall be the property owner's
sole responsibility to install, own and maintain such devices. See Chapter 13.11 PTMC for
city liability limits.
C. Cross-connection. Cross-connection control requirements may apply to the
service connection per Chapter 13.17 PTMC and the engineering design standards manual.
13.13.080 City and customer responsibilities.
A. City responsibility. The city shall own all water mains, service connections
and appurtenances in public streets or utility fights-of-way or easements to the property
owner's side of the water meter. The person responsible for construction of such utility lines
shall relinquish all interest in the ownership of such lines upon acceptance by the city.
B. Customer Responsibility. The ownership and responsibility for the maintenance
of individual service pipe extensions from the meter to the premises served shall be that of the
owner of the premises served and the city shall not be liable for any part thereof.
55
13.13.090 Use of the service.
The service shall be considered to be Uin-use' when the meter is placed by city crews and
connection made to the meter. Monthly billings for water service shall begin when the service
is considered to be uin-use'.
13.13.100 Lawn sprinkler specifications.
Lawn sprinklers shall comply with the cross-connection requirements of the engineering design
standards manual and the cross-connection requirements of Chapter 13.17 PTMC.
13.13.110 Fire protection service.
A. A water service connection to be used solely for fire protection purposes may be
installed, servicing any premises, subject to the provisions of this section.
B. Fire protection systems shall be provided in accordance with I.S.O. Guidelines.
C. For private fire protection systems, in areas outside the city limits, the city will
specify the hydraulic capacity and flow capability of its distribution system under specified
flow and demand conditions at the request of the customer. It is the customer's responsibility
to evaluate private fire protection requirements and to verify the adequacy of the city's water
system to meet those requirements.
D. A plan of the proposed required fire protection system showing the general
installation detail shall be required and shall be approved by the director and the fire marshal
prior to construction.
permitted.
Sprinkler service of more than one premises by a fire service shall not be
F. Fire protection systems shall be installed and maintained by the customer in a
manner approved by the department, and the system shall contain an approved, tested
backflow prevention device.
G. Fire protection systems shall be installed with a detector check meter of a size
and type approved by the department.
H. Indication of unauthorized use of water through a detector check meter more
than once per calendar year shall be cause for installation of a fire line meter at the expense of
the customer.
I. Fire protection systems shall comply with the cross-connection requirements of
the engineering design standards manual and Chapter 13.17 of this water code.
13.13.120 Temporary connections for construction and other uses.
56
A. Application; Conditions. Water service may be supplied to a premises on a
temporary basis. Application for temporary service shall only be approved upon payment of
all fees and deposits required by Chapter 3.36 PTMC. The application shall state fully the
purposes for which water is desired, the circumstances which require service by temporary
means, and the duration for which temporary service is necessary. All costs necessary to
install and remove the temporary service shall be paid by the applicant.
B. Payment; Delinquent Charges. All water for building and construction purposes
shall be charged at the rate set forth in Chapter 3.36 PTMC. All water use shall be charged
against the property owner, and all delinquent and unpaid charges shall become a lien upon the
premises supplied, and shall be collected in the same manner as other delinquent and unpaid
charges for water.
13.13.130 Transfer of water taps not allowed.
No transfer of water taps is allowed from an existing premises to another premises; in other
words, water taps stay with the premises. (Ord. __ § 1, 1997.)
57
Chapter 13.14
WATER MAIN EXTENSIONS, REPLACEMENTS AND OTHER SYSTEM
IMPROVEME~S
Sections:
13.14.010
13.14.020
13.14.030
13.14.040
13.14.050
13.14.060
13.14.070
13.14.080
General requirements.
Water system improvements - installation method.
Preparation of plans and specifications - surveys and engineering.
Pipe - Size and location.
Other appurtenances.
Oversizing.
Construction of mains - Testing/certifications.
Acceptance of improvements.
13.14.010 General requirements.
A. When Required. A main extension, main replacement, or other system
improvement (e.g., hydrants, valves, appurtenances) may be required for any of the following
reasons to mitigate the direct impacts of the proposed development:
1. Whenever a customer requests service and the premises to be served does not
abut a water main;
2. Whenever the existing water main(s) is not adequate to provide the necessary
water pressure or flow requirements (including fireflow);
3. Whenever system looping is necessary or where other components of the water
system are inadequate to handle the increased water demands;
4. Whenever necessary to protect public health and safety; or.
5. Where indicated by the city's Water System Plan.
B. Right-of-way Acquisition. When sufficient right-of-way does not exist, the
customer shall provide sufficient right-of-way or utility easements where necessary to serve the
needs of the development and for the maintenance and orderly growth of the system.
C. The developer shall perform, or pay for the cost of the city to perform, any
water system hydraulic modeling necessary to determine the adequacy of the existing system
and size of proposed improvements. The director shall determine when modeling is required.
58
D. Mitigation Costs.
1. The customer shall be required to bear the full costs of all main extensions,
replacements, hydrants, valves and other system improvements required by this chapter where
reasonably necessary to mitigate the direct impacts of the development.
2. Development Occurring in Tier 1 Areas. Where the installation of these
facilities will benefit existing structures and customers already connected to the system, the
developer will only be required to pay a proportionate share of the cost of the utility system
improvements, defined as that portion fronting the lot(s) owned by the developer and any lots
currently unserved and not participating in the construction of the improvements. It will be
the city's obligation to fund a pro-rata share of utility improvements based on the percentage
of lot frontage properties already connected to the system. Undeveloped lots may be included
in a benefit assessment area subject to a utility latecomer agreement pursuant to Chapter 13.04
PTMC. However, in the case of developed properties, there is no duty on the part of the city
to make connections to the new system.
3. Development Occurring in Tier 2 Areas. Where the installation of these
facilities will benefit existing structures and customers already connected to the system, the
city will contribute to the cost of the improvements consistent with the city's currently adopted
6-year Capital Improvement Plan CCIP'). In determining proportionate share, the developer
will only be required to pay a proportionate share of the cost of the utility system
improvements, defined as that portion fronting the lot(s) owned by the developer and any lots
currently unserved and not participating in the construction of the improvements. It will be
the city's obligation to fund a pro-rata share of utility improvements based on the percentage
of lot frontage of properties already connected to the system. Undeveloped lots may be
included in a benefit assessment area subject to a utility latecomer agreement pursuant to
Chapter 13.04 PTMC. However, in the case of developed properties, there is no duty on the
part of the city to make connections to the new system.
4. Development in Tier 3. The developer shall pay for the full costs of the
installation of these facilities.
5. Oversizing costs must be paid in accordance with the criteria established
in section 13.14.060 below.
13.14.020 Water system improvements - installation method.
A. Whenever an applicant requests water service to premises with no main in the
adjacent street, a main must be installed as a prerequisite to connection to the city water
supply system. The main must conform with the Water System Plan and city engineering
design standards manual.
B. Water mains or other water system improvements may be installed by any of the
following methods or as specified in Title 18 for subdivisions:
59
1. At the expense of the owner, with the improvements installed by a
licensed and bonded contractor. Eligible property owners may apply to the city for a utility
latecomer agreement pursuant to Chapter 13.04 PTMC.
2. If the premises lies within the corporate limits of the city, the owner may
also elect to have the improvements installed by the formation of a local improvement district
(LID) as prescribed by state law and the ordinances of the city.
3. City crews or contractors for projects and repairs initiated by the city.
13.14.030 Preparation of plans and specifications - surveys and engineering.
A. All applicants shall furnish design and construction plans and specifications for
all proposed water system improvements. All design and construction plans and specifications
shall be prepared in accordance with the city's engineering design standards manual. If base
maps prepared by a licensed land surveyor are available, the design and construction plans
shall be submitted on such maps. If base maps are unavailable, and the public works director
determines that a survey is necessary to avoid conffiets with existing facilities, to determine
contours, and/or to determine the limits of the right-of-way for utility placement, the applicant
shall have the right-of-way surveyed, including elevations along the proposed utility route, by
a licensed land surveyor and the plans shall be prepared and submitted on such surveyed base
maps.
B. All plans required under this section must be prepared, signed and stamped by a
Washington State licensed civil engineer. All plans shall be prepared at the developer's sole
cost and expense, except that for actions which involve a water main extension or replacement
of 260 feet (one city block) or less in Tier 1 which do not require licensed plans under another
authority of the code, the developer has the option of the city performing the engineering for
the project upon payment of the fee set forth in Chapter 3.36 PTMC.
C. All plans prepared or required under this subsection must be reviewed and
approved by the director prior to proceeding with construction of the proposed improvements.
13.14.040 Pipe - Size and location
A. Size. Every new water distribution main placed into service shall be 8 inches
in diameter, unless a larger size is indicated by the Water System Plan or city engineering
design standards manual; provided, however, that a 4-inch or greater diameter pipe extending
not more than 200 feet beyond a fire hydrant may be installed in a dead-end street if there is
no fores~able need for extending the water main to connect to other water mains or for
improvement of water service or other hydraulic needs. Taps off existing 4-inch or greater
diameter lines may be allowed when fire flow requirements can be met off sufficiently sized
60
mains and hydrants that can serve the property and if the customer signs a no protest
agreement for future formation of an LID.
B. Location. Water mains shall be installed along the complete frontage of the
premises and shall be extended to the next street intersection beyond the property; provided,
however, that this requirement may be waived pursuant to Chapter 13.01 PTMC.
13.14.050 Other appurtenances.
Main extensions and replacements shall include all valves, fittings, hydrants, blowoffs and
other appurtenances as required by the engineering design standards manual and as determined
to be necessary by the director for the integrity and orderly growth and needs of the water
system.
13.14.060 Oversizing.
A. The director shall determine the size of supply and transmission mains, guided
by the Water System Plan. For the purpose of determining over-sizing, the standard-sized
main which is be required of the customer is 8 inches, unless the hydraulic demand of the
customer necessitates a larger size, as determined by the director, in which case the customer
shall bear the full cost of the main.
B. If oversizing is required for a project in Tier 1 areas (as identified in the Port
Townsend Comprehensive Plan -- see Chapter 13.01 PTMC, Definitions), the city will pay for
the difference in the cost of oversizing the pipe and appurtenances. Oversizing costs shall be
submitted for approval prior to the beginning of construction, and a bill of sale and deed of
conveyance shall be submitted prior to reimbursement.
C. If oversizing is required for a project in Tier 2, the city will reimburse the
over-sizing costs consistent with the city's currently adopted 6-year Capital Improvement
Program CCIP'). Oversizing costs shall be submitted for approval prior to the beginning of
construction, and a bill of sale and deed of conveyance shall be submitted prior to
reimbursement.
D. Consistent with the policy directive in the Comprehensive Plan, if oversizing is
required for a project in Tier 3, the developer shall bear the full cost of the oversizing.
13.14.070 Construction of improvements - Testing/certifications.
A. All main extensions, replacements and other system improvements must be
situated in public rights-of-way or utility easements. When determined necessary by the
director, construction stakes shall be placed for the installation of the improvements.
61
B. Private Contractors Must be Licensed and Bonded. Any main installations done
other than by city forces shall be performed by a licensed and bonded contractor of the State
of Washington.
C. Connections to a Live Main. All connections to a live main shall be by the city
or its designee and all costs for such connection shall be reimbursed to the city by the
customer.
D. Testing/certifications. All new mains and other water system improvements
must be tested and disinfected in accordance with city and Department of Health standards.
Testing and disinfection shall be performed by the city and all costs shall be reimbursed to the
city.
13.14.080 Acceptance of improvements.
A. The city reserves the right to reject any installation not inspected, tested and
approved by the department. Upon satisfactory completion of all required tests and acceptance
of the improvements, the department shall cause the improvements to be connected to the city
system. All costs incurred in such connection(s) shall be the responsibility of the customer.
As a condition of acceptance of the improvements by the city, the permit holder shall provide
the city with (1) a statement of the actual cost of design and construction of the water
improvements (2) a properly executed bill of sale for all improvements; and (3) as-built
drawings prepared in accordance with the engineering design standards manual.
B. No main shall be energized other than for test purposes by duly authorized
personnel until the main has been accepted by the city and all fees and charges have been paid.
(Ord. § 1, 1997.)
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Sections:
13.15.010
13.15.020
13.15.030
13.15.040
13.15.050
13.15.060
13.15.070
13.15.080
Chapter 13.15
WATER SERVICE TURN ONS AND SHUT OFFS
Turn on - New installation.
Turn ons.
Shut offs.
Turn on or shut off fees.
Customer ability to turn on/shut off water at the meter - Responsibility for
damage.
Shut off, Turn on - Liability disclaimer.
Disconnection of service - Condemned buildings.
Water quality test.
13.15.010 Turn on - New installation.
When new water service connections are installed by the department for any premises, the
valve at the meter shall be turned to the "off" position and remain off until a turn on is applied
for and an order therefor issued, upon payment of the turn on charges set forth in Chapter 3.36
PTMC and all other applicable fees and charges.
13.15.020 Turn ons.
After written application or verbal request, water service will be turned on at the earliest time
convenient to the city upon payment of the turn on charge set forth in Chapter 3.36 PTMC and
ail other applicable fees and charges. All other turn ons, including immediate, emergency, or
after hour turn ons shall be charged an increased charge as set forth in Chapter 3.36 PTMC.
13.15.030 Shut offs.
After written application or verbal request, water service will be turned off at the earliest time
convenient to the city and the customer will be billed the shut off charge set forth in Chapter
3.36 PTMC and all other applicable fees and charges.
63
13.15.040 Turn on or shut off fees.
A. Whenever a request is made of the department for a shut off or mm on or
temporary discontinuance of water service to any premises the fee amount shall be as set forth
in Chapter 3.36 PTMC. Upon satisfactory proof that there is no appropriate shut off device
on the premises and the resident/home owner installs such device within one month of the shut
off, the customer shall be refunded the fee through an adjustment to their bill.
B. Water service for that customer will not be reconnected until the customer who
has requested the shut off has paid all outstanding charges and penalties against the premises
and any deposit if required by Chapter 13.05 PTMC.
13.15.050 Customer ability to turn on/shut off water at the meter - Responsibility for
damage.
A. Customer Ability to Turn on/Shut off Water at the Meter. Except for new
service, a current customer may turn on/shut off water at any time for an emergency or for
other reasons (for example, during remodeling, periods of freezing weather, etc.); provided,
however, that if the customer is in an'ears on his or her bill, turn on/shut off by the customer
is prohibited.
B. Responsibility for Damage. Any damage to the water meter or other
components of the service connection associated with a mm on or shut off by the customer is
his or her responsibility, and all costs to repair any such damaged meter or other components
are reimbursable to the city.
C. If any customer tums on water at the meter after the water has been shut off by
the city for a delinquent account, the city will shut off the water and remove the meter until
such account is paid in full ,~th all other applicable fees and charges.
13.15.060 Shut off, turn on - Liability disclaimer.
The city shall not be liable for any damage to persons or property resulting from a shut off or
turn on of the water service including, but not limited to, situations where water service is left
on between a change of customer occupying the premises, at the request of one of the
customers, or the service is disconnected for "nonpayment" or "no contract".
13.15.070 Disconnection of service - Condemned buildings.
Whenever a premise supplied with water has been found by the proper authorities to be
dangerous to human life and unfit for human habitation, and notice of such finding has been
received by the department from the authorities, the director shall cause the water service to
64
such premises to be turned off. Water service to such premises shall not be restored until the
owner and/or his agent has secured a release or clearance from the proper authorities.
13.15.080 Water quality test.
The department will conduct a water quality test of a customer's water at the request of the
customer. If, as a result of the test, the department determines that there is a problem within
the city water system that needs to be corrected by the city, the cost of the test shall be waived
by the department. If, as a result of the test, the department determines that there is no
problem within the city water system that needs to be corrected by the city, the customer shall
be charged the amount set forth in Chapter 3.36 PTMC. (Ord. ~ § l, 1997.)
65
Sections:
13.16.010
13.16.020
13.16.030
13.16.040
Chapter 13.16
WATER METERS
Meter ownership and installation.
Meters - Exchange and reinstallation.
Meter - Maintenance and repair.
Meter tests and adjustment of bill.
13.16.010 Meter ownership and in~qtallation.
All meters installed on water service connections by the department shall be and remain the
property of the city and shall be removed only by the department.
13.16.020 Meters - Exchange and reinstallation.
A. Change of Meter Size. Whenever the customer desires to change the size of a
meter, a water service application shall be made to the department, and, upon approval, the
exchange will be made at the expense of the owner, less credit for the usable value of the
meter removed, if any, and the fees and charges shall be paid as set forth in Chapters 13.05
and 3.36 PTMC.
B. Overload Meters. Whenever demand periodically exceeds the rated capacity of
a meter to the extent that the meter may be damaged, the department shall notify the owner of
this fact. After evaluating the owner's requirements, the department shall advise what size
meter is necessary to give proper service without damage to the meter. The estimate of cost
covering such change shall be furnished by the department, upon request by the owner,
without charge. If the owner does not make the required deposit for the installation of the
larger meter and pay the system development charge within 30 days after the date of the
notice, then the department shall install the proper size meter, charging the total cost to the
owner, or if unpaid, the city may discontinue service.
13.16.030 Meter - Maintenance and repair.
A. The department shall maintain and repair all service meters and shall replace
meters periodically, when necessary, if broken or inaccurate as a result of ordinary use.
66
B. When replacement or repairs to any meter are made necessary by the wilful act,
neglect or carelessness of the owner or occupant of the premises served, all expenses of such
replacement shall be borne by the customer.
13.16.040 Meter tests and adjustment of bill.
A. Water Meter Re-read. Upon request from a customer, based upon a complaint
that the water bill for any period has been excessive, the department shall have the meter re-
read after the customer pays the fee set forth in Chapter 3.36 PTMC to the city treasurer. If
the re-read shows an inaccuracy the bill will be adjusted and no re-read will be charged.
B. If the customer requests that the meter be tested for accuracy, he or she must
first pay the fee set forth in Chapter 3.36 PTMC to the city treasurer. In case the test
discloses an error of ten percent or greater, the fee shall be refunded to the customer, a correct
registering meter shall be installed and the customer's account shall be credited with the excess
consumption over the average consumption for the last previous reading, unless otherwise
approved by the director. When the test discloses either no error or an error of ten percent or
less, the fee will be retained by the department to cover a part of the cost of such test.
(~d.__§1,1~7.)
67
Chapter 13.17
CROSS-CONNECTIONS
13.17.010
13.17.020
13.17.030
13.17.040
13.17.050
Purpose.
Cross-connection prohibited.
Cross-connection control policies and procedures.
Cross-connection control testing.
Customer responsibilities; inspections.
13.17.010 Purpose.
The purpose of this chapter is to protect the city water supply from contamination or pollution
from potential cross-connections; and assure that approved backflow devices are tested
annually.
13.17.020 Cross-connection prohibited.
The installation or maintenance of any cross-connection which would endanger the water
supply of the city is prohibited. Any such cross-connection now existing or hereafter installed
is hereby declared unlawful and shall be abated as set forth in the engineering design standards
manual, and/or pursuant to any compliance order.
13.17.030 Cross-connection control policies and procedures.
The control or elimination of cross-connections shall be in accordance with WAC 246-290-490
et seq. The policies, procedures and criteria for determining appropriate levels of protection
shall be in accordance with the Accepted Procedure and Practice in Cross Connection Control
Manual-Pacific Northwest Section--American Water Works Association, 5th Edition or any
superseding edition and the city's engineering design standards manual.
13.17.040 Cross-connection control testing.
The city has the right to require new or existing customers to inspect and test for cross-
connection control as required by state or federal law, the engineering design standards
manual, and/or pursuant to any compliance order.
68
13.17.050 Customer responsibilities; in.~pections.
A. Customer Responsibility. Water service to any premises shall be contingent
upon the customer providing cross-connection control in a manner approved by the city.
Backflow devices required to be installed shall be a model approved by the Washington State
Department of Health.
B. Inspections. Inspection and right of entry for cross-connection control purposes
shall be governed by Chapter 13.11 PTMC. Water service may be terminated or refused to
any premise for failure to allow necessary inspections.
(Ord. ~ § 1, 1997.)
69
Sections:
13.21.010
13.21.020
13.21.030
13.21.040
13.21.050
13.21.060
13.21.070
Article IH
Chapter 13.21
SEWER SYSTEM - GENERAL PROVISIONS
Purpose.
Inspections/right of entry.
Emergency interruption of service.
City not liable for damages.
Refusal, limitation, or discontinuance of service.
Unlawful acts defined.
Violations - Penalties - Chapter 20.10 PTMC applicable.
13.21.010 Purpose.
A. The purpose of Chapters 13.21 through 13.24 PTMC (hereinafter this "sewer
code") is to promote the public health, safety, and general welfare of the users of the Port
Townsend sewer system, in accordance with standards established by the city, state and federal
laws and regulations. In furtherance of this purpose, the following rates and regulations are
established for the service, extension and management of the city's sewer system.
B. Chapter 13.01 PTMC contains definitions and provisions related to engineering
design standards manual, administration and enforcement, compliance with federal, state and
local requirements, permit requirements, inspection requirements, performance bond
requirements, appeals, waivers and variances which are considered part of this sewer code.
13.21.020 Inqpections/right of entry.
Any person applying for a service connection to the city's sewer system shall be deemed to
have freely and voluntarily consented to entry by authorized city employees, at reasonable
hours of the day and upon advance notice to the occupant, onto all parts of the premises or
within buildings for the purpose of inspecting the sewer system construction and/or checking
conformity to these regulations and the city engineering design standards manual. All other
right of entry by city employees shall be governed by the procedures of Chapter 20.10 PTMC.
70
13.21.030 Emergency interruption of service.
In case of emergency, or whenever the public health or safety so demands, the director may
authorize the department to change, reduce or limit the time for, or temporarily discontinue
sewer service. Sewer service may be temporarily interrupted for purposes of making repairs,
extension or doing other necessary work, or due to sewer main breaks. Before so changing,
reducing, limiting or interrupting the use of the sewer system, the department shall, insofar as
is possible or practical, notify all sewer customers affected.
13.21.040 City not liable for damages.
A. City Non-liability. The city shall not be liable for damages nor will allowances
be made for loss of production, sales or service if the city's wastewater system changes, fails
or is curtailed, suspended, interrupted or interfered with, or for any cause reasonably beyond
its control. Such failure, curtailment, suspension, interruption or interference shall not be held
to constitute a breach of contract on the part of the city, or in any way affect any liability for
payment for wastewater made available or for money due on or before the date of such
occurrence. The customer shall notify the public works department as soon as possible in the
event of any such occurrence.
B. Pipes and Equipment on Customer's Premises. In accordance with Chapter
13.23 PTMC, all city pipes and equipment shall be located in the public right-of-way. In the
event that city pipes and equipment are located on the customer's premises, the customer
agrees, as a condition of service, not to make a claim against nor sue the city for any damages
due to leakage and shall hold the city harmless from any and all claims and litigation which
allege damages resulting from leakage occurring at such pipes and/or equipment.
13.21.050 Refusal, limitation, or discontinuance of service.
A. The city may refuse or discontinue sewer service to any customer through shut
off of water service for violation of any provision of the sewer code or for failure to pay bills
when due.
B. The city may refuse service or require pretreatment to any customer who
requests to discharge or discharges deleterious or high strength wastewater that impairs or
could impair the integrity, operation or performance of the system or consumes a large portion
of the capacity of the system.
C. The city may discontinue service to any customer who makes an unauthorized
connection to the city's sewer system, bypasses a wastewater meter, or in any way
misappropriates use of the city sewer system.
71
D. Discontinuance of service for any cause stated in this title shall not release the
customer from their obligation to the city for the payment of bills or charges.
13.21.060 Unlawful acts def'med.
A. It shall be unlawful for any person to make an unauthorized connection to the
city's sewer system.
B. Any person causing damage to any property belonging to the department shall
be liable for any and all damages resulting either directly or indirectly therefrom.
C. It is unlawful for any person to wilfully disturb, break, deface, damage or
trespass upon any property belonging to or connected with the sewer system of the city, in any
manner whatsoever.
D. It is unlawful to deposit any salt water, toxic, potentially hazardous or other
material that may cause interference or inhibit the normal metabolic function of an aerobic
biological waste treatment system, or the biosolids composting facility or which may be
limiting or in any way harmful to plant personnel, or which may result in the city's treated
effluent or biosolids exceeding its NPDES limitations including but not limited to the
prohibitions identified in the city's permit with the Department of Ecology as follows:
1. Pollutants that create a fire or explosion hazard in the treatment facility
(including, but not limited to waste streams with a closed cup flashpoint of less than 140
degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR
261.21);
2. Pollutants that will cause a hazard to personnel or equipment or
corrosive structural damage to the sewer collection system and treatment facility, but in no
case discharges with pH lower than 5.5 standard units or higher than 8.5 standard units;
3. Solid or viscous pollutants in amounts that could cause obstruction to the
flow in sewers or otherwise interfere with the operation of the treatment facility or biosolids
composting facility;
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.)
released in a discharge at a flow rate and/or pollutant concentration which will cause
interference with the treatment facility or biosolids composting facility;
5. Heat in amounts that will inhibit biological activity in the treatment
facility resulting in interference, but in no case heat in such quantities such that the
temperature at the treatment facility exceeds 40 degrees centigrade (104 degrees Fahrenheit);
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral
origin in amounts that will cause interference or pass through;
72
7. Pollutants which result in the presence of toxic gases, vapors, or fumes
within the treatment facility and/or wastewater collection system in a quantity which may
cause acute worker health and safety problems;
8. Any trucked or hauled pollutants, except at discharge points designated
by fine .city;
9. Any water or waste which contains more than 100 parts per million by
weight of fat, oil or grease;
10. Any garbage that has not been properly shredded as herein defined; or
11. Any noxious or malodorous gas or substance capable of creating a public
nuisance.
E. R is unlawful for any person to place, deposit, or permit to be discharged in any
unsanitary manner upon public or private property within the city or in any area under the
jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.
F. It is unlawful to divert or cause to be diverted any storm water, surface runoff
or underground drainage to any sewer, maintenance hole or other appurtenant structure or
portion of the sewer system.
G. It is unlawful for any person to refuse or fall to comply with any provision of
this sewer code or the city engineering design standards manual.
13.21.070 Violations- Penalties- Chapter 20.10 PTMC applicable.
A. Violations/Misdemeanor. Any person committing an offense listed in Chapter
9.02 PTMC shall be punished as set forth in RCW 9A.61 et seq. Any person who knowingly
violates or fails to comply with any other provisions of this sewer code is guilty of a
misdemeanor. Unless another penalty is established by city ordinance, any such person, upon
conviction, shall be punished by a fine of not more than $1,000 or by imprisonment for not
more than 180 days, or by both such fmc and imprisonment. Each day such violation or
failure to comply continues shall be considered an additional misdemeanor offence.
B. Chapter 20.10 PTMC - Alternative Remedy. In addition or as an alternative to
any penalty provided in subsection (A) above, any person violating or failing to comply with
any of the provisions of this sewer code is also made subject to the civil enforcement authority
of Chapter 20.10 PTMC. The public works director is authorized to order correction and
discontinuance of any violative conditions of the provisions of this sewer code under the
procedures of Chapter 20.10 PTMC, which provide for voluntary correction orders, formal
notice and orders to correct the violation, abatement orders, stop work and emergency orders
and assessment of civil penalties.
73
C. In addition to the penalties set forth in subsections A and B above, the city may
back-charge sewer charges from the time of issuance of a building permit for any persons who
have been found to have made an unauthorized connection to the city's sewer system.
D. This section shall not be construed to limit or restrict the authority of any law
enforcement agency to investigate and pursue prosection for any criminal conduct under any
applicable local, state, or federal laws.
E. Public Nuisance. All violations of this title and standards required thereby are
determined to be detrimental to the public health, safety and welfare and are public nuisances.
All conditions which are determined by the director to be in violation of this title or standards
required thereby shall be subject to the provisions of this title and shall be corrected by any
reasonable and lawful means, as provided in Chapter 20.10 PTMC.
74
Chapter 13.22
SEWER CONNECTIONS
Sections:
13.22.010
13.22.020
13.22.030
13.22.040
13.22.050
13.22.060
13.22.070
13.22.080
13.22.090
13.22.100
General requirements.
On-site septic system to comply with city, county and state regulations.
Application for sewer service- Payment of fees.
Service connections - specific requirements.
Main extensions, replacements, pump stations, and other system improvements
required.
Service connection sizing - Other requirements.
City and customer responsibilities.
Use of service.
Temporary connections for construction and other uses.
Transfer of sewer taps not allowed.
13.22.010 General requirements
A. All new developments within the city limits are required to connect to the city's
sewer system with the following exception:
1. New single-family residential development occurring on parcels equal to or
greater than one acre in size: a) which is more than 500 feet from the nearest city sewer main,
and b) which is not subject to review and threshold determination under the State
Environmental Policy Act Implementing Ordinance, Chapter 19.04 PTMC, or c) which is not
subject to the permit requirements of the Environmentally Sensitive Areas Ordinance, Chapter
19.05 PTMC.
B. Managed individual or group on-site septic systems are allowed for new
development which meets the requirements of subsection A.1, provided the following
conditions are met:
1. The soil conditions and parcel size will support the use of an on-site
septic system until connection to the city's sewer system;
75
2. The system is designed to be efficiently converted to the city's sewer
system;
3. The developer enters into a no protest agreement with the City (i.e.,
requiring connection to the city's sewer system within two year(s) of when a sewer main is
within 260 feet of the property line, and/or participation in a Local Improvement District
("LID") which may include installation of sewer mains, interceptors, pump stations and/or
Latecomer Agreement paybacks), filed on record rifle, as a condition of any building or
development permit; and
4. The septic system is approved by the Jefferson County Environmental
Health Department.
C. Existing parcels containing an on-site septic system are required to connect to
the city's sewer system by July 2002.
D. After July 2002, any parcel containing an on-site septic system will be required
to connect to the city's sewer system unless the nearest sewer main is greater than 260 feet
(i. e., one city block measured along public rights-of-way) from the nearest portion of the
subject parcel (in which case connection is required within two years of when the sewer is
within 260 feet).
E. Notwithstanding subsections C and D above, if an on-site septic system fails
connection is required unless the nearest portion of the subject parcel is greater than 500 feet
from the nearest sewer main, in which case the septic system may be repaired to serve the
subject property.
13.22.020 On-site septic system to comply with city, county and state regulations.
A. When on-site septic systems are allowed as defined in 13.22.010, the type,
capacities, location and layout of the system shall comply with all recommendations and
regulations of the Jefferson County Environmental Health Department, the Washington State
Department of Health, or other state regulatory agency, and with the regulations of the city.
No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet
or to ground surface. The owner shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times at no expense to the city.
B. On-site septic systems shall be inspected and pumped periodically, and in no
case less than once every five years.
13.22.030 Application for sewer service - Payment of fees.
A. It shall be unlawful for any person to make any connection with any sewer main
or side sewer without complying with the provisions of this chapter and having first received
76
an approved Utility Development Permit as identified in Chapter 13.01 PTMC for sewer
service from the public works department and paying all applicable fees and charges as
identified in Chapters 13.05 and 3.36 PTMC.
B. Sewer service application required. An application shall be made for sewer
service to any premises, or for a change in use of a premises or for a temporary connection.
C. Form of application. All applications for sewer service shall be submitted to the
city department identified in the engineering design standards manual on forms provided by the
city. Information required for the sewer service application shall include:
1. The name of the owner or agent and his or her mailing address, the
street address or name of the premises to be served, and the legal description of the premises
to be served.
2. The type of development proposed and the number of living units and/or
the type of activity that will occur within the premises to be served.
3. A site plan showing the proposed location of the service connection.
4. Upon request by the director and in accordance with the engineering
design standards manual, a hydraulic analysis and assessment of the ability of the collection
system and treatment facilities to handle the wastewater discharges and mitigation measures if
the assessment shows that the city system does not have sufficient capacity.
5. Pretreatment facilities and best management practices to be used for
commercial and industrial services.
6. The design drawings and specifications of the sewer system
improvements required under Chapter 13.23 PTMC.
7. Any other information deemed reasonably necessary by the director for
action upon the application, or required by other provisions of the sewer code, SEPA, the
environmentally sensitive areas ordinance or other city ordinance.
D. Complete Application Required. The city will not process any application
unless and until the information required by subsections B and C above is substantially
complete. The public works director may reject an application as incomplete within a
reasonable time of review, in which case the director shall return it to the applicant with an
indication of the additional information needed to make the application complete.
E. Payment of Fees and Charges Required. All fees and charges shall be paid at
the time of building permit approval except as otherwise noted in this code. The fees for
service connections are as established in the schedule of fees and charges set out in Chapter
3.36 PTMC.
77
F. Contract with the City. The approved application shall constitute a contract
whereby the applicant agrees as a condition of sewer service to comply with the rules and
regulations of this chapter and the engineering design standards manual.
O. Approved permits must be posted at all times during the performance of the
work, and until completion thereof in some conspicuous place at or near the work and must be
readily and safely accessible to city staff.
13.22.040
A.
owner.
B.
Service connections - specific requirements.
Initial service connections shall be installed at the expense of the property
Each served premises must have a separate connection to a main, except two
adjacent single family residential units may have a single connection in accordance with the
requirements specified in the engineering design standards manual. In no case shall more than
two single family residential units be served by a single connection to a main.
C. When buildings are replaced by new buildings, the existing sewer service
connection may be used unless determined by the director to be unacceptable due to size,
condition or materials of construction, in which case the customer shall be required to install a
new sewer service connection and pay all applicable fees and charges in accordance with
Chapters 13.05 and 3.36 PTMC.
13.22.050 Main extensions, replacements, pump stations and other system
improvements required.
A sewer main extension, main replacement, pump station and/or other system improvements
may be required as further set forth in Chapter 13.23 PTMC.
13.22.060 Service connection sizing - Other requirements.
A. Sizing: The size of service connection to the premises served shall be based on
the Uniform Plumbing Code (as adopted by the city in Chapter 16.04 PTMC) and the
engineering design standards manual, using the information supplied in the application for
service in section 13.22.020 above.
B. Change in Use. A change in use may require a new service connection or other
sewer system requirements, as determined by the director, and fees and charges shall be paid
as set forth in Chapters 13.05 and 3.36 PTMC.
C. Backflow valves. The public works director may require a customer to install a
backflow valve on the sewer service connection to prevent wastewater from moving from the
sewer main to the premise.
78
D. Other regulatory approval. The director may require the applicant to obtain
approval to discharge to the city's system from the Department of Ecology Pretreatment
Program when the type of activity at the proposed location is a commercial or industrial
service.
13.22.070 City and customer responsibilities.
A. City responsibility. The city shall own all sewer mains, pump stations and
appurtenances in public streets or utility rights-of-way or easements to the property owner's
side of the sewer main.
B. Customer responsibility. The ownership and responsibility for the maintenance
of individual service pipe extensions from the main to the premises served shall be that of the
owner of the premises served and the city shall not be liable for any part thereof.
13.22.080 Use of the service.
The service shall be considered to be "in-use" when both a sewer service connection is made
and the water meter is placed by city crews. Monthly billings for sewer service shall begin
when the service is considered to be "in-use".
13.22.090 Temporary connections for construction and other uses.
A. Application; Conditions. Sewer service may be supplied to a premises on a
temporary basis. Application for temporary service shall only be approved by the public
works director and upon payment of all fees and assessments required by Chapter 3.36 PTMC.
The application shall state fully the circumstances which require service by temporary means,
and the duration for which temporary service is necessary. All costs necessary to install and
remove the temporary service shall be paid by the applicant.
B. Payment; Delinquent Charges. All sewer service for building and construction
purposes shall be charged at the rate set forth in Chapter 3.36 PTMC. All sewer use shall be
charged against the property owner, and all delinquent and unpaid charges shall become a lien
upon the premises supplied, and shall be collected in the same manner as other delinquent and
unpaid charges for sewer service.
13.22.100 Transfer of sewer taps not allowed.
No transfer of sewer taps is allowed from an existing premises to another premises; in other
words, sewer taps stay with the premises. (Ord. __ § 1, 1997.)
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Chapter 13.23
SEWER MAIN EXTENSIONS, REPLACEMENTS, PUMP STATIONS AND OTHER
SYSTEM IMPROVEMENTS
Sections:
13.23.010
13.23.020
13.23.030
13.23.040
13.23.050
13.23.060
13.23.070
13.23.080
13.23.090
13.23.100
13.23.110
General requirements.
Sewer system improvements - installation method
Preparation of plans and specifications - surveys and engineering.
Pipe - Size and location.
Pump stations and force mains.
Other appurtenances.
Oversizing.
Construction of improvements - Testing/certification.
Notification of city upon completion of work.
Prevention of damage to public sewer.
Acceptance of improvements.
13.23.010 General requirements.
A. When Required. A main extension, main replacement, pump station,
maintenance hole, force main or other system improvement may be required for any of the
following reasons to mitigate the direct impacts of the proposed development:
Whenever a customer requests service and the premises to be served does not
abut a sewer main;
Whenever the existing sewer main(s) is not adequate to provide the necessary
3. Whenever the development cannot be served by a gravity system;
4. Where other components of the sewer system are inadequate to handle the
increased wastewater discharges;
5. Whenever necessary to handle wast.water from the development; or
6. Whenever necessary to protect public health and safety.
80
B. Right-of-way acquisition. When sufficient right-of-way does not exist, the
customer shall provide sufficient right-of-way or utility easements where necessary to serve the
needs of the development and for the maintenance and orderly growth of the system.
C. Mitigation Costs.
1. The customer shall be required to bear the full costs of all main
extensions, replacements, hydrants, valves and other system improvements required by this
chapter where reasonably necessary to mitigate the direct impacts of the development.
2. Development Occurring in Tier 1 Areas. Where the installation of these
facilities will benefit existing structures and customers already connected to the system, the
developer will only be required to pay a proportionate share of the cost of the utility system
improvements, defined as that portion fronting the lot(s) owned by the developer and any lots
currently unserved and not participating in the construction of the improvements. It will be
the city's obligation to fund a pro-rata share of utility improvements based on the percentage
of lot frontage properties already connected to the system. Undeveloped lots may be included
in a benefit assessment area subject to a utility latecomer agreement pursuant to Chapter 13.04
PTMC. However, in the case of developed properties, there is no duty on the part of the city
to make connections to the new system.
3. Development Occurring in Tier 2 Areas. Where the installation of these
facilities will benefit existing structures and customers already connected to the system, the
city will contribute to the cost of the improvements consistent with the city's currently adopted
6-year Capital Improvement Plan ("CIP'). In determining proportionate share, the developer
will only be required to pay a proportionate share of the cost of the utility system
improvements, defined as that portion fronting the lot(s) owned by the developer and any lots
currently unserved and not participating in the construction of the improvements. It will be
the city's obligation to fund a pro-rata share of utility improvements based on the percentage
of lot frontage of properties already connected to the system. Undeveloped lots may be
included in a benefit assessment area subject to a utility latecomer agreement pursuant to
Chapter 13.04 PTMC. However, in the case of developed properties, there is no duty on the
part of the city to make connections to the new system.
4. Development in Tier 3. The developer shall pay for the full costs of the
installation of these facilities.
5. Oversizing costs must be paid in accordance with the criteria established
in section 13.14.060 below.
13.23.020 Sewer system improvements - inqtallation method
A. Except as noted in Chapter 13.22 PTMC, whenever an applicant requests sewer
service to premises with no sewer main in the adjacent street, a main must be installed as a
81
prerequisite to connection to the city sewer system. The main must conform with the city's
Wastewater Master Plan and city engineering design standards manual.
B. Sewer mains must be extended as far as possible to flow by gravity. Force mains
shall be allowed only when flow by gravity is impractical.
C. Sewer system improvements may be installed by any of the following methods or
as specified in Title 18 for subdivisions:
1. At the expense of the owner, with the improvements installed by a
licensed and bonded contractor. Eligible property owners may apply to the city for a utility
latecomer agreement pursuant to Chapter 13.04 PTMC;
2. The owner may also elect to have the improvements installed by the
formation of a local improvement district (LID) as prescribed by state law and the ordinances
of the city; or
3. City crews or contractors for projects and repairs initiated by the city.
13.23.030 Preparation of plans and specifications - surveys and engineering.
A. All applicants shall furnish design and construction plans and specifications for
all proposed sewer system improvements. All design and construction plans and specifications
shall be prepared in accordance with the city's engineering design standards manual. If base
maps prepared by a licensed land surveyor are available, the design and construction plans
shall be submitted on such maps. If base maps are unavailable, and the public works director
determines that a survey is necessary to avoid conflicts with existing infrastructure, to
determine contours, and/or to determine the limits of the right-of-way for utility placement,
the applicant shall have the right-of-way surveyed, including elevations along the proposed
utility route, by a licensed land surveyor and the plans shall be prepared and submitted on such
surveyed base maps.
B. All plans required under this section must be prepared, signed and stamped by a
Washington State licensed civil engineer. All plans shall be prepared at the developer's sole
cost and expense, except that for actions which involve a water main extension or replacement
of 260 feet (one city block) or less in Tier 1 which do not require licensed plans under another
authority of the code, the developer has the option of the city performing the engineering for
the project upon payment of the fee set forth in Chapter 3.36 PTMC.
C. All plans under this subsection must be reviewed and approved by the director
prior to proceeding with construction of the proposed improvements.
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13.23.040 Pipe - Size and location
A. Size. Every new sewer main placed into service shall be 8 inches in diameter,
unless a larger size is indicated by hydraulic needs or the Wastewater System Plan or city
engineering design standards manual. Hydraulic calculations shall take into account demands
placed on the city's system, size and slope of pipe.
B. Location. Sewer mains shall be installed along the complete frontage of the
premises and shall be extended to the next street intersection beyond the property; provided,
however, that this requirement may be waived pursuant to Chapter 13.01 PTMC.
13.23.050 Pump stations and force mains
All side sewers shall flow by gravity into the city's system whenever possible. Individual side
sewer pumps or public service pump stations will only be considered if no area gravity system
can be constructed. Pump stations which will be turned over to the city must be sized to serve
the entire region or basin which it serves. Gravity lines will be brought as far as possible (i.e.
force mains shall be no longer than absolutely necessary). When allowed, pump stations and
force mains shall comply with the requirements contained in the engineering design standards
manual. Alternatively, private systems which are neither accepted nor maintained by the city
may be installed to other standards; in such case, a private maintenance agreement shall be
required in a form approved by the city attorney. The City can require pump stations and
force mains to be private (i.e. not accepted and maintained by the city). Any pump stations
that will serve 20 or more residences will be required to meet all city engineering design
standards and shall be owned and operated by the city.
13.23.060 Other appurtenances.
Main extension and replacements shall include all maintenance holes, cleanouts and other
appurtenances as required by the engineering design standards manual and as determined to be
necessary by the director for the integrity and orderly growth and needs of the sewer system.
13.23.070 Oversizing.
A. The director shall determine the size of interceptor mains and pump stations
based on projected future wastewater demands. For the purpose of determining over-sizing of
mains, the standard-size main required of the development shall be 8 inches, unless the
hydraulic demand of the development or pipe slope necessitates a larger size, as determined by
the director, in which case the customer shall bear the full cost of the oversizing. For the
purpose of determining oversizing of pump stations, oversizing will be considered the
difference between the minimum size necessary to serve the development (or the minimum size
pump station available whichever is greater) and the size required to serve the benefit area
determined by the city.
B. If oversizing of a main or pump station is required for a project in Tier 1 areas
(as identified in the Port Townsend Comprehensive Plan -- see Chapter 13.01 PTMC,
Definitions), the city will pay for the cost of oversizing. Oversizing costs shall be submitted
83
for approval prior to the beginning of construction, and a bill of sale and deed of conveyance
shall be submitted prior to reimbursement.
C. If oversizing of a main or pump station is required for a project in Tier 2, the
city will reimburse the over-sizing costs consistent with the city's currently adopted 6-year
Capital Improvement Program ("CIP'). Oversizing costs shall be submitted for approval prior
to the beginning of construction, and a bill of sale and deed of conveyance shall be submitted
prior to reimbursement.
D. Consistent with the policy directive in the Comprehensive Plan, if oversizing is
required for a project in Tier 3, the developer shall bear the full cost of the oversizing.
13.23.080 Construction of improvements - Testing/certifications.
A. All main extensions, replacements, pump stations and other system
improvements must be situated in public rights-of-way or utility easements.
B. Private Contractors Must be Licensed and Bonded. Any main installations done
other than by city forces shall be performed by a licensed and bonded contractor of the State
of Washington.
C. All work within the limits of any public area shall be completed with due
diligence. It shall be the responsibility of the developer to secure the safety of all work areas.
If the developer fails to do so, and if any excavation is left open beyond a reasonable time
necessary to complete the work, the public works director may cause the same to be backf'tlled
and the public area restored at the expense of the owner.
D. Testing/certifications. All new mains and other sewer system improvements
must be tested in accordance with city engineering design standards manual.
13.23.090 Notification of city upon completion of work.
Any person, including but not limited to any contractor, performing work under this chapter
shall also notify the public works department in writing no later than seven days after the
connection is made that the connection has been made. The notice shall include the property
owner's name, the address of the premises, and the file number of the permit. The public
works department shall then notify the city utility billing office for purposes of commencement
of sewer service charges.
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13.23.100 Prevention of damage to public sewer.
The sewer contractor or other persons doing the work shall prevent any damage to the sewer
main, tee or stub out, and also conduct his/her trenching operations as to prevent the
possibility of damage to the system occurring.
13.23.110 Acceptance of improvements.
The city reserves the right to reject any installation not inspected, tested and approved by the
department. Upon satisfactory completion of all required tests and acceptance of the
improvements, the department shall cause the improvements to be connected to the city
system. All costs incurred in such connection(s) shall be the responsibility of the customer.
As a condition of acceptance of the improvements by the city, the permit holder shall provide
the city with (1) a statement of the actual cost of design and construction of the sewer
improvements (2) a properly executed bill of sale for all improvements; and (3) as-built
drawings prepared in accordance with the engineering design standards manual. (Ord. __
§ 1, 1997.)
85
Chapter 13.24
CLASSIFICATION OF HIGH-STRENGTH WASTEWATER, CHARGES
ASSOCIATED WITH SUCH DISCHARGES, AND PRETREATMENT
REQUIREMENTS
Sections:
13.24.010
13.24.020
13.24.030
13.24.040
13.24.050
Permission to discharge high-strength wastes - Pretreatment requirements -
Grease traps required.
Standard Industry Code classifications.
Commodity charge.
Alternate approach to determination of rates.
13.24.010 Purpose.
The purpose of this chapter is to classify high-strength wastewater and establish special
wastewater rates for users of the city's sewer system which generate certain high-strength
wastes or have high variability in waste loadings and identify pretreatment requirements. It is
intended that such special rates will provide a system of charges which equitably reflect the
costs to the city of treating such wastes. (Ord. 2343 § 1, 1993)
13.24.020 Perminsion to discharge high-strength waste - Pretreatment requirements -
Grease traps required.
A. Any person or business proposing to discharge high-strength wastes to the city's
sewer system shall apply to the public works director for approval to discharge. The public
works director may establish conditions for discharge and monitoring requirements as further
established in this chapter.
B. Whenever preliminary treatment is necessary to reduce the strength of the waste to
within the maximum limits prescribed by Chapter 13.21 lYlWIC, such preliminary treatment
shall be at the sole expense of the owner of the premises and shall be installed when the
director determines that the same is necessary to comply with the standards prescribed. In such
cases, all plans, specifications and other pertinent information relating to such proposed
preliminary treatment facilities shall be submitted to the director prior to commencement of
construction and no construction thereof shall be commenced until the director's approval is
86
noted on the plan. In the event of such installations, they shall be maintained continuously in
efficient operation by the owner at his or her own expense.
C. Grease traps will be required on all restaurants or other establishments as
determined necessary by the public works director. All costs associated with design,
installation and maintenance to insure a working, reliable grease trap system will be the
responsibility of the owner.
13.24.030 Standard Industry Code classifications.
A. The following types of business activities shall be assigned Standard Industry Code
("SIC") classifications as indicated below:
Business Activity
Brewery
Restaurants/taverns full-service
Fast food
Prepackaged servers
Supermarkets:
with deli, bakery, etc.
without deli, bakery, etc.
Convenience stores
Canneries (food processors)
Convalescent homes
Marinas
Washington State Ferries
Classification
SIC//4
SIC I/3
SIC #3
SIC #1
SIC #3
SIC #1
SIC #1
SIC #4
SIC #3
SIC #3
SIC #4
B. Each commercial and industrial account shall be assigned to a SIC by the director of
public works based on a review of the wastewater discharges from each account.
(Ord. 2343 § 1, 1993)
87
13.24.040 Commodity charge.
A. A commodity charge shall be based on water use and wastewater strength. Charges
shall be on a block rate, with the block rate increasing based on strength of the waste, as
follows:
Surcharge above commodity charge
as identified in Chapter 13.05 PTMC
Classification
SIC #1
SIC g2
SIC #3
SIC #4
< 300 mg/1 BOD or TSS
301 - 500 mg/1 BOD or TSS
501 - 700 mg/1 BOD or TSS
> 700 mg/1 BOD or TSS or
variability in loadings *
$0.00/1000 gallons
$0.00/1000 gallons
$0.00/1000 gallons
$0.88/1000 gallons
plus $0.98/lb BOD
plus $0.62/lb TSS
*Such as Washington State Ferries or other users with instantaneous discharges or other use
that causes wide swings in either wastewater quantity or strength that may cause collection or
interceptor sewer concerns or potential adverse impacts on the wastewater treatment plant
process. The city has the option to monitor and/or test the quality of these wastes or assume
that the strength is 700 mg/1 for BOD and/or TSS.
B. Water use may be measured at the customer's water meter, or by installation of a
wastewater meter per section 13.24.050 below. (Ord. 2343 § 1, 1993)
13.24.050 Alternate approach to determination of rates.
When the director deems necessary, or when any sewer customer believes they have been
assigned a Standard Industrial Code classification which is not appropriate the sewer rate may
be determined as follows and the customer shall pay the city a monthly fee based upon the
actual use of the city wastewater treatment facility as measured by parameters which shall be
determined in accordance with the following procedures:
A. Metering. The wastewater flow into the sewerage system will be metered at the point
where the facility discharges wastewater into the city system. The cost of installation and
maintenance of the meter shall be paid by the customer. The flow metering installation at the
facility shall be calibrated quarterly and equipped with a totalizer. Daily maintenance by the
facility shall include at least a check of the primary element of the flow meter for obstructions
and a visual check of all other elements of the installation for normal operation. A daily log
shall be kept by the facility in which all maintenance operations performed and any
88
abnormalities observed shall be noted. The totalizer reading shall also be recorded daily in the
log. At the end of each month, the average daily flow during the month shall be determined by
using all the valid data collected during the month (total flow divided by days of operation).
B. BOD and Suspended Solids. The monitoring facility shall be equipped with an
automatic liquid sampling device which shall be integrated with the flow-metering installation
in such a manner that wastewater samples can be collected on a flow-weighted basis and
stored. A composite sample shall be prepared weekly, as directed by the city, from all samples
collected during a uniform 24-hour period. The BOD and SS of each sample shall be
determined and recorded in the log. At the end of each month, the average BOD and TSS
during the month shall be determined by using all the valid data collected during the month.
After a period of one year, the city may reduce the frequency of monitoring (provided there
are no other constraints such as a Department of Ecology permit precluding less frequent
monitoring).
C. Records. The facility shall maintain records of all information resulting from any
monitoring activities. Such records for all samples shall include:
1. The date, exact place, method and time of sampling;
2. The names of persons taking the sample;
3. The date the analysis was done;
4. The names of persons doing the analysis;
5. The analytical techniques used;
6. The results of the analysis.
D. Calculation of Maintenance and Operation Expenses. The data collected shall be used
by the city to calculate the share of the total maintenance and operation expenses which shall
be charged to the facility. The method of calculation of maintenance and operation expenses to
be charged shall be as follows:
1. O&M charge to the facility during billing period = cost factor x monthly city
treatment facility O&M cost.
2. Cost factor = (Vf/Vc) (0.2 + 0.4 BODf/BODc + 0.4 TSSffTSSc).
where:
Vf = average daily wastewater flow (in gallons) from the facility during billing
period.
Vc = average daily wastewater flow for the city of Port Townsend wastewater
treatment facility plant during billing period (gallons).
89
BODf =
average daily five-day BOD concentration of wastewater from the
facility during billing period.
BODe =
average daily five-day BOD concentration of total plant wastewater
during billing period.
TSSf =
average daily TSS concentration of wastewater from the facility during
billing period.
TSSc =
average daily TSS concentration of wastewater of total plant during
billing period.
E. Lab Testing. One set of BOD, FOG (fat, oil and grease), TSS (total suspended solids),
VSS (volatile suspended solids) and pH tests will be required on a composite sample collected
by the sewer customer on a weekly basis, or other tests and/or testing intervals as determined
by the director, while the facility discharges to the city sewer system. Fees for the required
tests shall be paid by the facility. The facility shall have all testing done by a lab that is
certified by the Washington State Department of Ecology to perform the required analysis.
F. Operation. The city shall have free access to the facility and the records of operation
and maintenance. The records of operation and maintenance shall be kept at the facility and
shall be made available to the city during the site visit by the city. The city shall have access to
the facility at reasonable hours without prior notice.
(Ord. 2343 § 1, 1993)
9O
Article IV
Chapter 13.31
STORMWATER UTILITY SERVICE - GENERAL PROVISIONS
Sections:
13.31.010
13.31.020
13.31.030
13.31.040
13.31.050
13.31.060
13.31.070
13.31.080
Purpose
Utility established.
Plan adopted.
Transfer of property.
Budget.
Inspections/Right of entry.
Unlawful acts defined.
Violations - Penalties - Chapter 20.10 PTMC applicable.
13.31.010 Purpose.
A. The purpose of Chapters 13.31 and 13.32 PTMC (hereinafter this "stormwater
code") is to promote sound development policies and construction procedures which respect
and preserve the city's watercourses; to minimize water quality degradation and control of
sedimentation of creeks, streams, ponds, lakes and other water bodies; to protect property
owners adjacent to developing and developed land from increased runoff rates which could
cause erosion of abutting property; to protect downstream owners; to preserve and enhance the
suitability of waters for contact recreation and fishing; to preserve and enhance the aesthetic
quality of the waters; to maintain and protect valuable groundwater resources; to minimize
adverse effects of alterations in groundwater quantities, locations, and flow patterns; to ensure
the safety of city roads and rights-of-way; and to decrease drainage-related damage to public
and private property. In furtherance of this purpose, the following design standards, rates and
regulations are'established for service, extension and management of the city's stormwater
system.
B. Chapter 13.01 PTMC contains definitions and provisions related to engineering
design standards manual, administration and enforcement, compliance with federal, state and
local requirements, permit requirements, inspection requirements, performance bond
requirements, appeals, waivers and variances which are considered part of this stormwater
code.
91
13.31.020 Utility established.
There is cream and established a storm and surface water utility. The utility shall be
administered under the direction of the mayor or designee.
(Ord. 2053 § 1, 1986)
13.31.030 Plan adopted.
The original system or plan of the storm and sUrface water utility shall be as set forth in the
comprehensive drainage plan, dated October 1986, as adopted or amended and incorporated in
this chapter as if set forth in full.
(Ord. 2053 § 1, 1986)
13.31.040 Transfer of property.
All properties, property rights and interests of every kind or nature owned or held by the city,
however acquired, insofar as they relate to or concern storm or surface water storage are
transferred to the storm and surface water utility, including by way of example and not
limitation, all properties, rights and interests acquired by adverse possession or by prescription
in and to the drainage and storage of storm or surface waters over and under lands,
watercourses, streams, ponds, and sloughs to the full extent of inundation caused by the largest
storm or flood condition.
(Ord. 2053 § 1, 1986)
13.31.050 Budget.
The city shall establish by ordinance the budget for the storm and surface water utility as
required by state law. The city may adopt such user fee and other charges as may be deemed
necessary to provide the revenues required by the adopted budget.
(Ord. 2053 § 1, 1986)
13.31.060 Inspections/right of entry.
Any person with an existing service connection or applying for a service connection to the
city's stormwater system shall be deemed to have freely and voluntarily consented to entry by
authorized city employees with proper identification, at reasonable hours of the day and upon
92
advance notice to the occupant, onto all parts of the premises or within buildings for the
purpose of inspecting the stormwater system construction and/or checking conformity to these
regulations and the engineering design standards manual. All other right of entry by city
employees shall be governed by the procedures of Chapter 20.10 PTMC.
13.31.070 Unlawful acts def'med.
A. Any person causing damage to any property belonging to the city shall be liable
for any and all damages resulting either directly or indirectly therefrom.
B. It is unlawful for any person to wilfully disturb, break, deface, damage or
trespass upon any property belonging to or connected with the stormwater system of the city,
in any manner whatsoever.
C. It is unlawful for any person to refuse or fail to comply with any provision of
this stormwater code or the engineering design standards manual.
13.31.080 Violations - Penalties - Chapter 20.10 PTMC applicable.
A. Violations/Misdemeanor. Any person committing an offense listed in Chapter
9.02 PTMC shall be punished as set forth in RCW 9A.61 et seq. Any person who knowingly
violates or falls to comply with any other provision of this stormwater code is guilty of a
misdemeanor. Unless another penalty is established by city ordinance, any such person, upon
conviction, shall be punished by a fmc of not more than $1,000 or by imprisonment for not
more than 180 days, or by both such fine and imprisonment. Each day such violation or
failure to comply continues shall be considered an additional misdemeanor offense.
B. Chapter 20.10 PTMC - Alternative Remedy. In addition or as an alternative to
any penalty provided in subsection (A) above, any person violating or falling to comply with
any of the provisions of this stormwater code is also made subject to the civil enforcement
authority of Chapter 20.10 PTMC. The director is authorized to order correction and
discontinuance of any violative conditions of the provisions of this stormwater code under the
procedures of Chapter 20.10 PTMC, which provide for voluntary correction orders, formal
notice and orders to correct the violation, abatement orders, stop work and emergency orders,
and assessment of civil penalties.
C. This section shall not be construed to limit or restrict the authority of any law
enforcement agency to investigate and pursue prosection for any criminal conduct under any
applicable local, state, or federal laws.
(Ord. __ § 1, 1997)
93
Sections:
13.32.010
13.32.020
13.32.030
13.32.040
13.32.050
13.32.060
13.32.070
13.32.080
Chapter 13.32
STORMWATER MANAGEMENT REQ~NTS
Minimum requirements for drainage improvements.
Drainage plan - Submission.
Drainage plan - Contents.
Development in environmentally sensitive areas or impacting ESAs.
Review and approval of the plan.
Establishment of regional facilities.
Applicability to government entities.
Protection of public/private rights.
13.32.010 Minimum requirements for drainage improvements.
A. All developments shall comply with the DOE Stormwater Management
Manual, city engineering design standards manual, city stormwater master plan, and adopted
drainage basin plans for all clearing and grading activities, for erosion control during
construction and for permanent drainage system improvements.
B. Surface water entering the subject property shall be received at the naturally
occurring locations and surface water exiting the subject property shall be discharged at the
natural locations with adequate energy dissipaters within the subject property to minimize
downstream damage and with no diversion at any of these points; and
C. All developments shall do the necessary analysis and install the necessary
mitigations to insure that stormwater exiting their property is discharged at a safe location
which will not impact other property owners.
D. All structures shall be built such that finished floor elevations are in
conformance with Section 1806.4.5 (Foundation elevation) of the Uniform Building Code as
adopted or hereafter amended.
E. Building plans shall clearly show locations of drainage system and stormwater
controls within property limits and any off-site drainage improvements.
F. Considerations for the discharge of water off-site include but are not limited to
the following:
1. Sufficient capacity of downstream facilities under design conditions;
94
2. Maintenance of the integrity of the receiving waters;
3. Possibility of adverse effects of retention/detention;
4. Utility of regional retention/detention facilities;
5. Capability of maintenance of the system; and
6. Structural integrity of abutting foundations and structures.
G. All developers not providing permanent stormwater control facilities will be
required to sign a no protest agreement for future participation in a stormwater-related LID.
13.32.020 Dralnsge plan - Submi~ion.
A. All developers applying for any of the following permits and/or approvals may be
required to submit for approval a drainage plan with their application and/or request:
1. Grading permit;
2. Street development permit;
3. Substantial development permit required under Chapter 90.58 RCW
(Shoreline Management Act);
4. Subdivision approval;
5. Short subdivision approval;
6. Commercial, industrial or multifamily site plan approval;
7. Rezones;
8. Conditional use permits;
9.Planned unit developments;
10. Building permits, where the permit either a) authorizes or is for new
construction totaling 40 percent or more of impervious developmental coverage within the
property; or b) authorizes or is for new construction which, together with preexisting
developmental coverage, would result in 40 percent or more impervious developmental
coverage within the property or c) is for development in an environmentally sensitive area or
which has the potential to impact an environmentally sensitive area;
11. Building permits, where the new development does not involve a change
in impervious coverage of a site but where one of the following conditions exist:
a. the stormwater from the existing development is connected to the
sanitary sewer system.
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b. the drainage system serving the existing development is
inadequate to prevent impacts to neighboring properties.
c. water quality issues are a concern either from the existing
development or from the proposed development.
B. Construction work done under any of the above permits or applications shall not
begin until such time as final approval of the drainage plan is obtained in accordance with
section 13.32.050 below.
C. The same plan submitted during one permit/approval process may be subsequently
submitted with further required applications. The plan shall be supplemented with such
additional information that is requested by the public works department or required by the
provisions of the engineering design standards manual and/or DOE Stormwater Management
Manual for the Puget Sound Basin.
(Ord. 2126 § 1, 1988; Ord. 1957 § 3, 1983)
13.32.030 Drainage plan - Contents.
All persons applying for any of the permits and/or approvals contained in section 13.32.020
above shall provide a drainage plan for surface and pertinent subsurface water flows entering,
flowing within, and leaving the subject property both during and after construction. The
detailed form and contents of the drainage plan shall be described in procedures established by
the public works department, or in the engineering design standards manual and/or DOE
Stormwater Management Manual for the Puget Sound Basin. The engineering design standards
manual, and the DOE Manual, will set forth the manner of presenting the required information
which may include but is not limited to the following:
A. Background computations for sizing drainage facilities:
1. Depiction of the drainage area on a topographical map of approved scale and
contour interval, with acreage of the site, development, and developmental coverage indicated;
2. Indications of the peak discharge and volume of surface water currently
entering and leaving the subject property due to the design storm;
3. Indication of the peak discharge and volume of runoff which will be
generated due to the design storm within the subject property if the development or proposed
activity is allowed to proceed; and
4. Determination of the peak discharge and volume of water that will be
generated by the design storm at various points on the subject property.
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B. Proposed measures for handling the computed runoff at the detail level specified in
the engineering design standards manual and/or DOE Stormwater Management Manual for the
Puget Sound Basin:
1. The design storm peak discharge from the subject property may not be
increased by the proposed development; and
2. Retention/detention facilities must be provided in order to maintain surface
water discharge rates at or below the existing design storm peak discharge; and
C. Proposed measures for controlling runoff during construction.
The requirements of this section may be modified at the discretion of the city public works
department in special cases requiring more information.
(Ord. 2444 § 2, 1995; Ord. 1957 § 4, 1983)
13.32.040 Development in environmentally sensitive areas or impacting ESAs.
Development in environmentally sensitive areas (F_SAs) or development which has the
potential to impact ESAs must meet the requirements of Chapter 19.05 PTMC or other
requirements as determined necessary for the protection of the ESAs as determined by the
public works director.
(Ord. 1957 § 6, 1983)
13.32.050 Review and approval of the plan.
All storm drainage plans prepared in connection with any of the permits and/or approvals
listed in section 13.32.020 shall be submitted for review by and approval of the public works
department in accordance with the procedures established in the engineering design standards
manual and/or DOE Stormwater Management Manual for the Puget Sound Basin.
(Ord. 2444 § 3, 1995; Ord. 1957 § 7, 1983)
13.32.060 Establishment of regional facilities.
In the event that public benefits would accrue due to modification of the drainage plan for the
subject property to better implement the recommendations of the comprehensive drainage plan,
the public works department may recommend that the city should assume responsibility for the
further design, construction, operation and maintenance of drainage facilities on the subject
property. Such decision shall be made concurrently with review and approval of the plan as
specified in section 13.32.050. In the event that the city decides to assume responsibility for
design, construction, operation, and maintenance of the facilities, the developer will be
required to contribute a pro rata share to the construction cost of the facilities. The developer
may be required to supply additional information at the request of the public works department
to aid in the determination by the city. Guidelines for implementing this section will be defined
97
r--
in the engineering design standards manual and/or DOE Stormwater Management Manual for
the Puget Sound Basin.
(Ord. 1957 § 8, 1983)
13.32.070 Applicability to government entities.
A. All municipal corporations and governmental entities shall be required to submit
a drainage plan and comply with the terms of this chapter when developing and/or improving
land including but not limited to, road building and widening, within the areas of the city.
B. It is recognized that many other city, county, state and federal permit conditions
may apply to the proposed action and that compliance with the provisions of this chapter does
not constitute compliance with such other requirements.
(Ord. 1957 § 12, 1983)
13.32.080 Protection of public/private rights.
Implementation of any provision of this chapter shall not cause nor be construed as an
infringement of the rights of individuals, municipalities, or corporations other than the
developer seeking a permit or approval as described in section 13.32.030.
(Ord. 1957 § 14, 1983)
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SECTION 2. Severability. If any clause, sentence, paragraph, section or part of this
Ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect
the validity or constitutionality of the remainder of any part of this Ordinance. To this end,
the provisions of each clause, sentence, paragraph, section or part of this law are declared
severable.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Read for the first, second, and third times and passed by the City Council of the City
of Port Townsend, Washington, at a regular meeting thereof, held this 21st day of April,
1997.
Julie~o~ulloch, Mayor
Attest:
Approved as to Form:
Para Kolacy, City Clerk
Timotl~ L. McMahan, City Attorney
04/17/97 ca § Ord{Titlel3f. doe}
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