HomeMy WebLinkAbout2390 Amending Ordinance 2380 - To Clarify the Collection of System Development Charges Where Conversion of Irrigation Taps OccursORDINANCE NO. ,,,~ O
AN ORDINANCE AMENDING ORDINANCE 2380 TO CLARIFY THE
COLLECTION OF SYSTEM DEVELOPMENT CHARGES WHERE
CONVERSION OF IRRIGATION TAPS OCCURS, TO REMOVE
REFERENCES TO CHARGES FOR DUPLEXES AND TO CLARIFY THE
METHOD FOR PHASING IN OF SYSTEM DEVELOPMENT CHARGES AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Port Townsend has identified the capital costs of the City's water
and sewer systems; and
WHEREAS, state law at RCW 35.92.025 allows a system development charge to be
fixed by Ordinance, provided that the charge is based on the actual or historical cost of the water
and sewer systems; and
WHEREAS, the City Council has determined that it is reasonable and appropriate to
enact and impose a system development charge upon the owners of property newly connecting
to or increasing their demands upon the city's water and sewer systems to equitably apportion
the development costs of the systems upon all of the customers of the systems; and,
WHEREAS, the City Council has determined that it is in the best interest of the public
that the full system development charges be imposed on an incremental basis through a phasing
in of the full charges over a period of time;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
DOES ORDAIN AS FOLLOWS:
Section 1. A new Chapter 13.26 of the Port Townsend Municipal Code is hereby
established to read as follows:
CHAPTER t3.26
SYSTEM DEVELOPMENT CHARGES FOR WATER AND SEWER CONNECTIONS
13.26.010
13.26.020
13.26.030
Purpose
Equivalent Residential Unit
Water System Development Charge
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13.26.040
13.26.050
13.26.060
13.26.070
13.26.080
13.26.090
13.26.100
13.26.110
13.26.120
Sewer System Development Charge
Equivalent Residential Unit Factors
System Development Charge is in Addition to Other Charges
Collection of System Development Charges
System Development Charge Credit
System Development Charge Adjustment
Penalty for Unauthorized Hookup
Phasing in of System Development Charge.
Severability
13.26.010 Purpose. Pursuant to the authority provided by 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.
13.26.020 Equivalent Residential Unit. 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 eights 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 SDC's. A method for
calculation of the Equivalent Residential Units for hookups larger than one ERU is included in
Section 13.26.050 below.
13.26.030 Water System Development Charge. 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
pumping facilities.
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 ERU'S for the service(s) to be installed by Fifteen Hundred Dollars ($1,500.00)
as of January 1, 1994.
13.26.040 Sewer System Development Charge. 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 pumping facilities, and the wastewater
treatment and associated facilities necessary to treat and dispose of the wastewater.
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A one time SDC for each new customer shall be assessed based on thc customer's fair
and equitable share of the general facilities. The SDC shall be determined by multiplying the
total number of ERU's for the service(s) to be installed by Twelve Hundred and Fifty Dollars
($1250.00) as of January [, 1994 for domestic strength wastewater.
13.26.050 Equivalent Residential Unit Factor.
A. The ERU factors for determining the proportional equivalent of various sizes of
water meters shall be in accordance with the following table:
Water Meter Wastewater
Equivalent Factor Equivalent Meter Factor
1 ERU 1 ERU
Single Family ~r 2 -- - :
~ [ ERU 1.0 ERU
5/8"-3/4" meter 2.5 ERU 1.4 ERU
1" meter 3.75 ERU 1.6 ERU
1 ~" meter 5.0. ERU 1.8 ERU
l 1/:'' meter 6.5 ERU 2.4 ERU
1 ~,~" meter 8.0 ERU 2.9 ERU
2" meter 15.0 ERU 11.0 ERU
3" meter 25.0 ERU 14.0 ERU
4" meter 50.0 ERU 21.0 ERU
6" meter 80.0 ERU 29.0 ERU
8' meter
B. If the wastewater strength exceeds the SIC #1 criteria, the SDC shall be adjusted
to reflect the higher cost associated with treating high strength waste. The High Strength ERU
formula is:
C. If the actual water meter size installed is increased to provide for fire sprinkler
~nstallation, or if the water meter size used to establish the sewer SDC overestimates the volume
of wastewater discharged to the City sewer system due to on-ske 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.
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13.26.060 System Development Charge Is In Addition To Other Charges. The system
development charge -for water and sewer imposed pursuant to this Ordinance shall be in addition
to any permit fees or charges under Chapter 3.36 of the Port Townsend Municipal Code, any
connection or tap charges for the actual cost of connecting to the City's water and/or sewer
systems and to all other charges or costs imposed by Ordinance or agreement.
13.26.070 Collection of System Development Charges. Inside the City, the SDC's
imposed in this Ordinance shall be payable at the time application for a building permit is made,
or, if no building permit is required, payment shall be made at the time application for a sanitary
sewer service and/or water service connection is made. In the outside of City water service
area, SDC's shall be paid at the time a water service reservation is applied for, or, if no
reservation is applied for, at the time application for a water service connection is made.
Charges so collected shall be considered revenue of the water or wastewater utility respectively,
and shall be used solely for capital improvements to the system to which the charge is
applicable. No connection to the sewer and water system shall be made, and no building permit
application shall be accepted, until all SDC's have been paid.
If an SDC is charged for an irrigation water tap inside the City during the period in
which discounts under Section 13.26.110 are in effect, and that tap is later converted to..
residential or commercial service, the difference between the discounted SDC and the then
effective SDC shall be paid at the time an application for building permit is made or if no
building permit is required, payment shall be made at the time application for a water service
connection is made. Irrigation taps that exist prior to January 1, 1994, will pay the SDC's that
are in effect at the time conversion to a permanent tap is made. The conversion charge shall
be paid at the time an application for building permit is made, or if no building permit is
required, payment shall be made at the time application for a water service connection is made.
13.26.080 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 S DC calculated under this Ordinance. The credit shall
be determined by prorating the current SDC as the required share against the previously paid
assessment for identified general facilities. The ENR 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.
13.26.090 System Development Charge Adjustment. The SDC shall be increased each
year on January I accordin to the Seattle Area Engineering News Record Cost Index, (ENR)
, g :.. .
unless otherwise adjusted based on an evaluation of the cost of constructing the general facihtles.
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13.26.100 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 Ordinance, the owners
of the property to which the connection is made shall be required to pay a fine in the amount
of ten percent of the applicable SDC. Utility service shall be terminated until all fees and
penalties owing have been paid.
13.26.110 Phasing in of System Development Charges. After the effective date of this
Ordinance, SDC's shall be required to be paid. However, to allow an orderly transition to the
full imposition of such fees and to attempt to avoid a rush to vest applications prior to the
effective date of such charges, the amount of the SDC's shall be discounted on the first date of
collection of fees under the Ordinance. For each ERU the amount of the SDC's shall be Seven
Hundred and Fifty Dollars ($750.00) for water and Six Hundred and Twenty Five Dollars
($625.00) for wastewater on the effective date and then each charge per ERU respectively shall
be increased from the initial discounted amount by Fifteen Dollars ($15.00) for water and
Fifteen Dollars ($15.00) for wastewater each Monday of each week thereafter until the full
amount specified in Sections 13.26.030 and 13.26.040 is reached, and thereafter the full amount
of SDC's will be assessed on each property owner seeking to newly connect or upgrade the
connection to the water and sewer systems of the City.
13.26.120 Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 2. This Ordinance shall take effect on January 1, 1994 after passage, approval
and publication in the manner provided by law.
PASSED by the City Council for the City o~/~ort Tow~n~endffat a regular meeting of the City
Council held on the day of
ATTEST:
David A. Grove, Clerk/Treasurer
Dennis McLerran, City Attorney
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