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Home My WebLink About5801ORDINANCE NO. 5 8 0 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 13.41 OF THE AUBURN CITY CODE RELATED TO "THE CITY OF AUBURN UTILITY SYSTEMS DEVELOPMENT CHARGES WHEREAS, a review of the current code provisions providing for the City's Utility Systems Development Charges revealed a need to clarify the language throughout the Chapter to more accurately reflect the intention of the Chapter and to assure more uniform and consistent interpretation and application. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 13.41 of the City of Auburn Code is amended to read as follows: Chapter 13.41 UTILITY SYSTEMS DEVELOPMENT CHARGE Sections: 13.41.010 13.41.020 13.41.030 13.41.040 13.41.050 13.41 .O60 13.41.070 13.41.080 Definitions. Purpose. Utility systems development charge imposed - Rates - Review. Collection. Credits. Segregation and use of revenues. Appeals. Scope. 13.41.010 Definitions, As used in this chapter, unless the context otherwise requires: A. "Capacity facilities" includes but is not limited to: Ordinance No. 5801 November 5, 2003 Page 1 1. Water system infrastructure including: water sources, treatment facilities, interties, pump stations, pressure reducing stations, standby generators, reservoirs, distribution, and oo,~,v~¥3,qo~ !i,-,~stransmission mains and appurtenances needed for distribution, fire protection and pressure. 2. Sanitary sewer system infrastructure including: lift stations, standby generators, force mains, conveyance lines and appurtenances needed to collect and transport sewage for treatment and disposal or to eliminate a storm and sanitary sewer cross- connection. 3. Storm drainage system infrastructure including: pump stations, standby generators, storage facilities, water quality facilities, stream, creek or river improvements and div~rcio,", f3ci!iti~s, conveyance lines needed to collect, transport and dispose of storm drainage, eliminate storm and sanitary sewer cross connections, eliminate storm and surface water flooding and water quality problems, and treatment and disposal facilities. B. "Utility systems development charge" is a charge imposed on new customers, or existing customers revising use of their property, in recognition of the previous investment of the city and its customers in the utility systems. (Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 2, 1980.) 13.41.020 Purpose. The city council has determined that it is reasonable and in the public interest to enact and impose a utility systems development charge for the purpose of recovering a fair share of the costs of providing existing utility system infrastructure to serve new customers or revised uses of existing customers. The intent is to reimburse the city's utility for the cost of construction of available capacity sanitary sewer, water and storm drainage facilities from those properties, which as part of their development and use create direct or indirect needs for those facilities. The city council finds that the public would benefit from a logical long-range approach to the financing of necessary general facilities. Experience has demonstrated that the lack of such provision casts an unfair and unexpected burden on taxpayers and residences in the form of utility rates, taxes, bond interest costs and assessments when core, general or central facilities become inadequate causing a crisis. Operating from crisis to crisis is wasteful, unsafe and not an acceptable method of operating local government; and debt financing should be minimized wherever possible. (Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 1, 1980.) 13.41.030 Utility systems development charge imposed - Rates - Review. A. A sanitary sewer and water utility systems development charge is imposed upon all lands inside the boundary of the city, and all lands outside the boundary of the city which utilize either sanitary sewer facilities and/or water facilities...,'-'r ~,,.,~,.....,, ..,'-~ ?,~,, --,.~'~* ...., .~, ,..'~ a- A storm drainage utility systems development charge is imposed upon all lands in the city, except those lands exempted under this chapter~-. Theat-the following system development charqe rates are effective as of January 1, 2002: Water Ordinance No. 5801 November 5, 2003 Page 2 Meter Size_(in inches) 1 2 3 4 6 8 10 Approximate ERU $ 1.00 1.67 3.33 5.33 10.00 16.67 33.33 53.33 83.52 Cost/Meter $ 1 628 2 719 5 421 8 677 16 280 27 139 54 261 86 821 135 971 Sanitary Sewer Single-family parcels Other parcels $850.00/parcel $850.00/RCE Storm Drainage Single-family and duplex parcels Other parcels $901.00/parcel $901.00/ESU B. The utility systems development charge will be computed to consider the future and/or current value of the utility system's fixed assets, excluding contributions by developers, and outstanding bonded indebtedness, and will also consider an appropriate service unit. 1. Water: For the water utility the appropriate service unit shall be an equivalent residential unit (ERU). An ERU is tetalaverage -daily water consumption of a given user divided by the average daily consumption of single-family residences. For The water ERU's for collecting systems development charges are ~calculated te-a,qd ,-~,'~ ...... "'-"*'-'~ based on the size of the water service meter. For existinq metered customers that require a larger meter, a systems development charge shall become due for the incremental difference between the existing meter and the meter beinq requested. If the customer is requesting a smaller meter no refund will be given. 2. Sanitary Sewer: The sewer utility's appropriate service unit shall be a residential customer equivalent (RCE). An RCE shall be as defined by the King County Department of Natural Resources. Auburn's minimum system development charge collected for sanitary sewer service is 0.5 RCE. Existing customers seeking to increase their RCE's, shall pay additional SDC's based upon the new RCE associated with their property. No refund shall be given for a reduction of RCE's (required capacity) to any site. ~-',"~'-* *~"-* for mMultifamily residential units with separate water meters for each family it the ......... +;i;, ...... +,~,~o ,~ .... ~ .....* ,-~- ....... ;, ~,,- ,-,-~,-,,'-,*,-,~ -~o shall be un , ........... ~, ..~ ............v~. ...... . .....~......... ~ .......... charged one RCE per family unit. 3. Storm Drainaqe: The storm drainage utility's appropriate service unit shall be an equivalent service unit (ESU).. _A storm drainage ESU is considered equal to 2,600 square feet of parcel c:,evemge-covered .by impervious surfaces. For existing customers revising their site impervious surface, a systems development charge shall become due Ordinance No. 5801 November 5, 2003 Page 3 for incremental increases in impervious surfaces. If the revised impervious surface is less than the current impervious surface no refund will be given. C. The utility systems development charge imposed shall be reviewed annually by the city council and the charges sba!! may be revised to reflect changes in utility asset value, depreciation of the utility system fixed assets, bonded indebtedness, and the number of ERU, RCE or ESU customers served. (Ord. 5709 § 1, 2002; Ord. 5619 § 2, 2001; Ord. 5125 § 2, 1998; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 1, 1980.) 13.41.040 Collection. The water,.,'-'-'~,.,, sanitary sewer and storm drainage utilities-u~til~ systems development charges is-are immediately due and payable upon obtaining a permit for connection to the ~"-~* ................ * ...... m,.,, of ,h,~ city utility m .... ~ +~ ...... ~ SV~to~ ~evelop~en~ ~h~rqe~ for p~r~el~ that will utilize in~Jl~r~Jon ~or ~tor~w~ter ~J~po~l ~re J~e~J~el~ ~ue ~n~ p~v~ble upon ob~ininq ~ buil~in~ permit to ~evelop the p~mel. (Or~. 4830 ~ ~, ~ ggo~ Or~. 447g ~ 2, ~ ggo~ Or~. 30~ 0 ~ 2, ~gs~ Or~. 35~0 ~ 4, ~gso.) 13.41.050 Credits. If a developer provides a capacity facility that benefits other properties as identified within the appropriate Utility Comprehensive Plan, a system development charqe credit may be .qranted under the provisions of this chapter, and as neqotiated between the land developer and the city engineer. Any system development charqe credits granted will be documented in writing. V~II ~lV1 I VI [I IV [~V~I ~Vl I~ Il iV VI[y VV[I lVll ~[[IIV llV Ordinance No. 5801 November 5, 2003 Page 4 13.41.060 Segregation and use of revenues. All funds derived from the utility systems development charge are to be segregated by appropriate approved accounting practices from all other funds of the city, and that portion of the utility systems development charge calculated and collected on account of a utility shall be used for no other purpose than replacement, major repair, installing, constructing, and extending capacity facilities of the utility. (Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 6, 1980.) 13.41.070 Appeals. Any person who is aggrieved by any decision required or permitted to be made by the ,,,,~,,; ...... ~,o ,~:r,~,.,,-,,,.it,, engineer under this chapter may appeal that decision to the public works director by filing a written request describing that portion of the decision of the city engineer from which the person appeals. The written appeal shall be filed within 30 days from the date of the issuance of the written decision by the city engineer. The public works director shall consider the basis of the city engineer's decision and the developer's reasons for appealing the decision. If the public works director concurs with the city engineer the appeal shall be forwarded to the city council public works committee for their consideration and decision. The public works director shall issue a written statement containinq the public works department's decision if the director's decision differs from the city engineer. If the person is aggrieved by the decision of the public works director with respect to their appeal, they may appeal the public works director's decision to the city council public works committee by filing a written request with the city clerk, describing with particularity that portion of the decision of the public works director from which the person appeals. The written appeal shall be filed within 30 days from the date of the issuance of the written decision by the public .works director. The city council public works committee shall consider the basis of the director's decision and the developer's reasons for appealing the decision and shall make a recommendation to the city council. The city council shall make the final determination on the appeal and may affirm, modify or reject the recommendation of the city council public works committee. (Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 7, 1980.) 13.41.080 Scope. The utility systems development charge provided for in this chapter is separate from and in addition to any applicable tax, assessment charge, or other fee otherwise provided by law. (Ord. 4830 § 1, 1996; Ord. 4493 § 2, 1991; Ord. 3510 § 8, 1980.) Ordinance No. 5801 November 5, 2003 Page 5 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance· Section 3. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected· Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: ~0V ] 'i' ~ PASSED: APPROVED: ATTEST: Danielle Daskam City Clerk NOV 1 ? 2O03 NOV ! ? ZO~ PETER B, LEWIS MAYOR APPI~O.VEQ AS TO FORM: '-City Attorney Published: '~d~/~¢7 ~//~ .'~ Ordinance No. 5801 November 5, 2003 Page 6