HomeMy WebLinkAbout3273 Amending Port Townsend Municipal Code Chapter 12.26 Street Latecomer Agreements Ordinance 3273
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ORDINANCE NO. 3273
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 12.26 STREET
LATECOMER AGREEMENTS
RECITALS:
The City Council of Port Townsend finds as follows:
1. The Chapter 12.26 of the Port Townsend Municipal Code implements Chapter
35.72 of the Revised Code of Washington that allows for street latecomer
agreements.
2. The City Council approved Ordinance 2548 on November 4, 1996, creating the
City's street latecomer program.
3. The City Council amended the street latecomer program in Ordinance 2578
passed on April 21, 1997, and again in Ordinance 3051 approved on November
15, 2010.
4. The City Council now wishes to make the street latecomer code consistent with
current City practices for street latecomer agreements.
NOW, THEREFORE,the City Council of the City of Port Townsends hereby ordains as
follows:
Section 1. Chapter 12.26 of the Port Townsend Municipal Code Street Latecomer Agreements is
amended as indicated in Exhibit A.
Section 2.. Severability. If any 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 or work of this ordinance.
Section 3. Effective Date. This ordinance shall take effect and be in force five days after the date
of its publication in the manner provided by law. Publication of this ordinance shall be by
summary thereof consisting of the title.
Ordinance 3273
Page 2 of 2
ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 18th day of October 2021.
Michelle Sando al.
Mayor
Attest: Approved as to form:
Joanna Sanders, MMC I�1:; 1i :��cct1w C)C'.
City Clerk City Attorney
Ordinance 3273 Exhibit A
Page 1 of 9
EXHIBIT A
Chapter 12.26
STREET LATECOMER AGREEMENTS
Sections:
12.26.010 Purpose—Intent.
12.26.020 Repealed.
12.26.030 Authorization—Minimum project size.
12.26.040 Application—Design standards/cost estimates—Combined street and utility
latecomer agreement.
12.26.050 Duration of street latecomer agreements.
12.26.060 Public works director's determination—Right of appeal.
12.26.070 Assessment reimbursement area and charge—Notice—Appeal.
12.26.080 Written agreement—Payment of city costs in excess of application fee.
12.26.090 Street latecomer agreement must be recorded.
12.26.100 Construction and acceptance of improvements—Recording of revised fees.
12.26.110 Acceptance of improvements or systems.
12.26.120 Defective work.
12.26.130 Implementation of street latecomer agreement—Prepayment requirement—
Administrative costs.
12.26.140 Payments of street latecomer charge—Notice of change of address required.
12.26.150 Rights and nonliability of city.
12.26.160 Director's authority—Violations.
12.26.170 led,
12.26.180 Alternative financing method.
12.26.190 Severability.
12.26.010 Purpose—Intent.
A. Purpose. The purpose of this chapter is to define the procedures for executing 15-year
contracts between the city and developers for private construction of street improvements by
providing means for(1)partial cost recovery through a charge to later developers who were not
required to install similar street projects because they were already provided for by the original
developer, and (2) the establishment of benefit areas defining which properties are subject to
such charges and reimbursement shares based upon the benefit to the property. This chapter is
also intended to implement Chapter 35.72 RCW, et seq., as it now reads, or is later amended.
B. Intent. It is intended that the processing of street latecomer agreements under this chapter be
independent from the project permit time lines contained in PTMG Title 20 PTMC.
12.26.020 Definitions.
Repealed by Ord. 2578.
Ordinance 3273 Exhibit A
Page 2 of 9
12.26.030 Authorization-Minimum project size.
A. Authorization. Any property owner or developer of property located within the city limits
who uses private funds to construct street improvements may apply to the city to establish a
street latecomer agreement in order to recover a portion of the costs from owner(s) of property
benefited by such improvements when such owner(s) later apply for permits to develop their
property.
B. Minimum Project Size. To be eligible for a street latecomer agreement, the estimated total
cost of the street improvements must be at least $2-,-5005000, to be adjusted annually in
accordance with the Engineering News Record Index ("ENR"). The determination of eligibility
shall be made by the public works director, based upon contractor bids, engineering or
architectural estimates, or other information determined by the director to be a reliable basis for
estimating cost. The determination of the director shall be final and conclusive.
12.26.040 Application -Design standards/cost estimates -Combined street and utility
latecomer agreement.
A. Application Form-Fee. The application must be on a form provided by the city and
accompanied by a nonrefundable application fee in an amount as set forth by council resolution,
except as provided under subsection D below for combined utility and street latecomer
agreements. The application shall be accompanied by the following:
1. Cost Estimate/Design Standards. The street improvements design shall be based on DTiTMG
Title 12 PTMC, the engineering design standards manual, and any requirements or
modifications as recommended or required during or following the preapplication conference
for development review. Based on this information, the applicant shall submit with the
application a statement from a licensed contractor or engineer containing an itemized
estimate of the total projected cost of the street projects, including property acquisition,
acquisition of easements and/or right-of-way, contract administration, grading, construction,
paving, installation of curbs, streets, gutters, storm drainage, sidewalks or bike lanes
incorporated as part of the street improvements, street lights, traffic signals, signs, and
planting strips, and other similar improvements as required by city street standards.
2. A map depicting the boundaries of a proposed assessment reimbursement area and
consisting of those properties adjacent to the street improvements for which similar
improvements would be required as a prerequisite to development, each parcel of property
within such area, and the street improvements in relation to such property.
3. Copies of executed deeds and/or easements in which the applicant is the grantee for all
property necessary for the installation of such street projects.
4. The name and mailing address of each owner of record of property within the proposed
benefit area, together with the legal description and the size and the county assessor's tax
number for each property. Such information must be certified as complete and accurate by
the applicant.
B. Additional Requirements. When deemed necessary in the discretion of the public works
director to determine the benefit area and reimbursement charge, the city may also require that
the application be accompanied by any or all of the following:
Ordinance 3273 Exhibit A
Page 3 of 9
1. A proposed benefit area based on an assessment of which parcels adjacent to the
improvements would require similar street improvements as a condition of development,
including, if requested by the city, a special benefit analysis prepared by a certified MAI
appraiser.
2. A proposed assessment reimbursement roll stating a proposed assessment for each parcel
of property within the proposed assessment reimbursement area, to be determined by
apportioning the total street project costs among such parcels on the basis of the benefit of
the project to each such parcel of property.
3. Detailed construction plans and drawings of the entire improvements prepared and
stamped by a professional engineer with specific expertise regarding design, construction
and maintenance of public streets, and certifying that the design complies with city design
standards and specifications.
C. Compliance with City Requirements. Before an agreement will be processed, applicants must
comply with the requirements of this chapter, and all other applicable city ordinances, rules and
regulations.
D. Combined Street and Utility Latecomer Agreements. If a developer or property owner is
installing utility improvements under DTrr vim Title 13 PTMC and requests a utility latecomer
agreement under that chapter, and is concurrently installing street improvements under DTniiG
Title 12 PTMC and requests a street latecomer agreement, a combined latecomer agreement shall
be processed under the procedures set forth in i:--hapt `Title 13 JITMC; provided, that the
benefit areas for the utility improvements and the street improvements are identical (if they are
not identical, the agreements will be processed separately). The application fee for a combined
utility and street latecomer agreement shall be a single fee, in the amount set by council
resolution for a street latecomer agreement.
12.26.050 Duration of street latecomer agreements.
The street latecomer agreement shall be for a period of 15 years from the date the latecomer
agreement is signed by both parties.
12.26.060 Public works director's determination—Right of 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 street codes, street standards manual, and environmental laws;
2. The proposed improvements fall within the definition of street improvements;
3. The proposed improvements are not constructed or currently under construction;
4. The proposed improvements are consistent with the Port Townsend Comprehensive Plan,
transportation plan and/or nonmotorized plan or other functional plan adopted by the city;
and
Ordinance 3273 Exhibit A
Page 4 of 9
5. The city has the capability and capacity to service and maintain the street improvements.
B. Public Works Director's Determination—Appeal of 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. Administrative Appeal.
1. The final determination of the public works director is an administrative decision which
may be appealed by an applicant pursuant to Chapter 1.14 PTMC. Any decision of the public
works director not appealed shall be final at the time the decision is made. The appeal must
be accompanied by a filing fee in the amount set forth by council resolution.
2. The procedures set forth in Chapter 1.14 PTMC shall apply to any appeal. In reviewing a
final determination, the criteria set forth above shall be applied, and the administrative
decision of the public works director upheld unless evidence clearly demonstrates that the
criteria have been satisfied.
12.26.070 Assessment reimbursement area and charge—Notice—Appeal.
A. Reimbursement Area Formula.
1. The public works director shall formulate the benefit reimbursement area for all approved
applications based upon a determination of which parcels adjacent to the improvements
would require similar street improvements upon development and will be benefited by the
improvements.
2. The estimated amount of the reimbursement charge shall be established so that each
property owner obligated to make a payment under this chapter will pay a fair,pro rata share
of the cost of construction of the improvement and reimbursement of contract administration
costs of the street project; provided, however, that the public works director shall have the
authority to remove from the benefit area later developed properties if such properties do not
need to use the street improvements due to alternate access, or a similar, valid reason as
approved by the public works director (which may include such factors as topography, traffic
circulation and/or cost).
3. The city shall determine, in its sole discretion, the reimbursement share based on the
benefit to the property by using a method of cost apportionment such as a front footage, acre,
or other equitable basis.
B. Clarification Regarding Multiple Lots Owned by the Original Developer or Property Owner.
1. For the purpose of formulating the proportionate benefit amount, the benefit area shall
include all properties owned by the developer at the time of the application.
2. The applicant/property owner or developer is not entitled to reimbursement for lots that
are adjacent to the improvements if those lots are owned by such person at the time they
apply for the street latecomer agreement or at the time the street improvements are
constructed.
Ordinance 3273 Exhibit A
Page 5 of 9
C. Notice to Property Owners-Right to Request a Hearing. A notice containing the benefit
reimbursement area boundaries and preliminary or estimated charges shall be sent by certified
mail, return receipt requested, to the property owners within the proposed benefit reimbursement
area. The notice shall also contain a description of the property owner's rights to request a public
1 hearing regard to the area boundaries and special benefits and
charges. The l li wa rl s I l a t t t will maintain arpt a4v itn-declaration of
mailing in its files.
D. Appeal-Request for Hearing.
1. Any appellant requesting a hearing under subsection C of this section must file an appeal
Q within 4-520 calendar days of the date the notice is mailed to the property owners. The appeal
must be accompanied by a filing fee in the amount set forth by council resolution. Any
decision of the public works director not appealed shall be final at the time the decision is
made.
2. 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. In reviewing a final determination, the
i"une lli.ear in 1,examiner shall apply the criteria set forth in subsection A of this section,
and shall uphold the administrative decision of the public works director, unless evidence
clearly demonstrates that the criteria have been satisfied.
3. After reviewing the public hearing testimony and the determination of the public works
director, the "uRe4li ari l examiner may approve, modify or reject the benefit
reimbursement area and/or charges. The (44i— tmeiulhcaring examiner's determination shall
be final.
4. Any judicial appeal of the a.y--e*) rnvA-khea6 1 examiner's determination must be filed
and served within 21 days of the issuance of the decision.
12.26.080 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 period or a determination by the e-it�-
e-orn ilhear°iri k examiner, the street latecomer agreement and supporting documents shall be
presented to the city to sign the
agreement on behalf of the city.
B. If in processing the application, the city incurs costs for engineering or other professional
consultant services, the public works director shall so advise the city council. "r.nei}- : ty
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 fee.
12.26.090 Street latecomer agreement must be recorded.
In order to become effective, a street latecomer agreement must be recorded with the Jefferson
County auditor within 30 days of the final execution of the agreement. 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.
Ordinance 3273 Exhibit A
Page 6 of 9
12.26.100 Construction and acceptance of improvements—Recording of revised fees.
1 A. W
partie-s, acid-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. -'Fliemd v l pei--
n �-1�e��i��-en�ts ��it�a����� =--ll�� �o�� � �l=tl��ate� � a��= ��ot�t���:s�el� �►�tt�:r� :ia��...
shult�l�e-clevel�.�
pew sleik ail tlasunes -lialiiitla tl
late n er-age e ren loes ► e�feoti ez
B. appropriate bill of sale, easement and any other document needed to
ensure right-of-access for maintenance and replacement shall be provided, along with
h applicant that
and a certification b the a
documentation of the actual costs of the improvements
Y Pp
all of such costs have been paid. A copy of any 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 street improvements. The city may also require that the documents
be provided on"AutoCAD," or another electronic format as specified by the city. In addition, the
developer shall deliver to the city reproducible copies of all plans and specifications, if any, and
shall comply with any other requirements imposed by city codes or adopted standards for
engineering plans, specifications, and drawings.
C. a- e The final cost of the improvements shall be reviewed against the
preliminary assessments established by the city andel used as a basis for dcterininin
reimbursement a no zr t,s.-l.11 ew� l w f 1, d a e tl e-ag nt a allm e r c i +
h el l st v �=° �b l tc t o a f 1�1 a -lea-tl e � t l at actual st are l� han--
tlk�e-pul�licv���k �l-ireet�u"s�esti��xa�ey�-lf-pere ��t �-1�e�al�l-ins-direct��rh��ll-
reeaI(-,ulate4he- liaio n; tndef4h-i,", see4in -he-
publ-ie-wofli m t 11 a kse v4sed-list l' large be+m-rfde l-v4ta-t e,-4ef eFson_
12.26.110 Acceptance of improvements or systems.
Upon approval of a street latecomer agreement and the completion and acceptance of the
construction, the street improvement(s) and/or system(s) shall become accepted city streets.
Acceptance of construction of the improvements must be evidenced by a written sign-off by the
public works director. Acceptance of the street as a city street shall be accomplished in the
manner set forth in the street standards ordinance, Chapter 12.04 PTMC. Transfer of ownership
or the grant of any easements to the city shall be clear of all encumbrances.
12.26.120 Defective work.
The applicant shall be responsible for all work found to be defective within one year after the
date of acceptance of the street improvements by the city. The public works director may require
the applicant or his/her assignee to provide the city with a Washington surety "maintenance
guaranty bond" or other appropriate bond as set forth in city street codes or any adopted design
standards.
12.26.130 Implementation of street latecomer agreement—Prepayment requirement—
Administrative costs.
A. Implementation of Agreement. Upon recording, the street latecomer agreement and charge
shall be binding upon all property owners of record within the benefit area who were not parties
Ordinance 3273 Exhibit A
Page 7 of 9
to the contract. If any such owner later develops his or her property within 15 years from the date
of recording with the Jefferson County auditor and is not required to install similar street
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 street
latecomer agreement.
B. Administrative Charge. Unless modified in the agreement, the city shall add 10 percent, but
not less than $20.00, to each street latecomer charge, to be used by the city to defray the costs of
labor, bookkeeping, and accounting necessary to administer the agreement, such amount to be
adjusted annually in accordance with ENR Index.
C. Prepayment Requirement. No building permit shall be issued until the reimbursement
payment is made.
D. Nonliability of City. The city will exercise its best efforts to assure compliance with this
section; however, in no event shall the city incur liability for any unauthorized use of the
constructed street improvements.
12.26.140 Payments of street latecomer charge-Notice of change of address required.
ellst e - Otidii --aicla i--tris, est.;sl a&fie d fib@ t tl e it tr a � �a c e iog-le-
s . The city will pay the amounts due to the beneficiary (developer/property owner) within 60
days of receipt, subject to subsection C belo", by certified mail, return recei t reaitested.
B. rtite fa yrt-When the street latecomer fee for a particular parcel has been paid, at
the request of the owner/payor,the city shall a release
of lien, which may be recorded by the owner/payor at the owner/xi or's ex Mensa,
C. 1 anti �l egta: aet ettC; 1=hre agl< tk�l-tl e to c a-off=flee/ rer
two-years r- in the date the eotitract is
cs,ec�arted ,—agreement-the developer/property owner shall notify the city, in writing, of any
change e€to his or her name(s) tela plione ntanber or address(es). 11"the developer/pro perty
owner flails to coam))v with the notification regttirenients within(50 cys of the s deified time til
d"ay collect any reinibursemeta�t @Onds cawed to the developer/property owner. Misent r:ath-
natyee-,41he city is not responsible for locating any developer/property owner entitled to benefits
under the street latecomer agreement. The developer/property owner may not assign any rights
under the street 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.
Ordinance 3273 Exhibit A
Page 8 of 9
D. Unclaimed Funds. Any funds not claimed by the developer/property owner 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/property owner, 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
street fund or as allowed by law.
12.26.150 Rights and nonliability of city.
A. City Rights. The city reserves the right to refuse to enter into any street latecomer agreement
or to reject any application thereof.
B. Hold Harmless Agreement Required. All applicants for street 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 action.
12.26.160 Director's authority-Violations.
A. Director's Authority. Whenever the public works director or his or her designee ("director")
determines that a condition exists in violation of this chapter or any standard required to be
adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized
to enforce the provisions of this chapter.
B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or
incorporated standards, or of any permit or license issued hereunder, are declared nuisances and
made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including
any amendments, and including but not limited to abatement, criminal penalty, and civil penalty
as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein..
12.26.170 Existing latecomer agreements -Completed construction.
tintil-Deeember 3 �pply .,ate
eoristftieted o—vided-the, N. t t tml kun�l ��l t r-
1 ov it -t l tlt ehapte�r-tl + �t B ement c1 atc4i-,agree enter x—bas 4
ae etst- tlte tttetlif latlrcvsi f tlitslall-allly t ..
ttel greets e� ts;I e ealcd'
by Ord.. 3273.
12.26.180 Alternative financing 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 participate 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 improvements that benefit that 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.
Ordinance 3273 Exhibit A
Page 9 of'9
12.26.190 Severability.
If any clause, sentence, paragraph, section,phrase or part of this title 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 title. To this end, the provisions of each clause, sentence,paragraph,
section or part of this law are declared severable.