Chapter 15.60
LATECOMER’S AGREEMENTS
Sections:
15.60.020 Rights and nonliability of the county.
15.60.030 Eligibility of applicants.
15.60.050 Latecomer’s agreement procedure.
15.60.060 Execution, recording and notice.
15.60.080 County as participant.
15.60.010 Authority—Term.
The county has the discretionary power to grant latecomer’s agreements to developers and owners for the reimbursement of a pro rata portion of the original costs of water systems, sanitary sewer systems, storm water drainage systems and street improvements including signalization and lighting. No latecomer’s agreement shall extend for a period longer than fifteen years from the date of acceptance by the county. (Res. 2003-17 (part), 1/21/03).
15.60.020 Rights and nonliability of the county.
The county reserves the right to refuse to enter into any latecomer’s agreement or to reject any application therefor. All applications for latecomer’s agreements shall be made on the basis that the applicant releases and waives any claims for any liability of the county in establishment and enforcement of latecomer’s agreements. The county shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through latecomer’s agreements. Any collected funds unclaimed by developers after three years from the expiration of the agreement shall be returned to parties making payment to the county. Any remaining undeliverable funds shall inure to the benefit of the appropriate utility and/or fund approved by the county. (Res. 2003-17 (part), 1/21/03).
15.60.030 Eligibility of applicants.
Applicants for latecomer’s agreements shall be in compliance with all county rules and regulations to be eligible for processing of latecomer’s agreements. (Res. 2003-17 (part), 1/21/03).
15.60.040 Application.
Application for a latecomer’s agreement shall contain a legal description of the proposed benefit area, project plans and site plan, map or diagram of the proposed benefited area prepared by a licensed professional engineer, a cost estimate for the project based upon the plans of a civil engineer from which reimbursable costs shall be estimated, applicable fees and such other information as the county may require. (Res. 2003-17 (part), 1/21/03).
15.60.050 Latecomer’s agreement procedure.
(1) The county shall prepare a proposed latecomer’s agreement which will include a legal description and a map of the boundary of the benefit area. The cost of the improvements will be spread among the property owners based upon their pro rata share of said costs. The costs will become payable upon the issuance of a development permit authorizing the benefiting property owner(s) to construct improvements that would allow the user(s)’ property to derive direct benefit from these facilities.
(2) The preliminary determination of area boundaries and assessments, along with a description of the property owner’s rights and options, shall be forwarded by first class mail to the property owners of record as shown on the records of the Chelan County assessor within the benefit area. A hearing shall be held before the board of Chelan County commissioners, notice of which shall be given to all affected property owners at least twenty days in advance of the hearing. At the hearing the board shall determine whether to accept, reject or modify the proposed latecomer’s agreement. If the board accepts, it shall establish the benefit area; provided, that the board may only increase the area upon new notice to the owners of the affected property. The decision of the board of Chelan County commissioners is final and determinative. (Res. 2003-17 (part), 1/21/03).
15.60.060 Execution, recording and notice.
The latecomer’s agreement shall be mailed to the developer and must be signed, notarized and returned within thirty days of the date of board approval. If not consummated within the thirty-day period, the latecomer’s agreement will become null and void. The board can give consideration to extending this period by showing of hardship or excusable neglect on the part of the holder of the latecomer’s agreement. It shall be the responsibility of the applicant to submit to the department the fully executed latecomer’s agreement with the requisite recording fees. (Res. 2003-17 (part), 1/21/03).
15.60.070 Contract finality.
Once the latecomer’s agreement together with a legal description and a map of the latecomer’s boundary are recorded with the county, it shall be binding on owners of record within the assessment area. (Res. 2003-17 (part), 1/21/03).
15.60.080 County as participant.
Pursuant to RCW 35.72.050, as now or hereafter amended, the county may participate in latecomer’s agreements as follows:
(1) As an alternative to financing projects solely by owners of real estate, the county may join in the financing of improvement projects and may be reimbursed in the same manner as the owners of real estate who participate in projects.
(2) As another alternative, the county may create an assessment reimbursement area on its own initiative, without participation of a private property owner, finance the costs of road or street improvements, and become the sole beneficiary of the reimbursements that are contributed.
(3) The county may be reimbursed only for the costs of improvements that benefit that portion of the public who will use the developments within the assessment reimbursement area established pursuant to RCW 35.72.040(1), as now or hereafter amended. No county costs for improvements that benefit the general public may be reimbursed. (Res. 2008-11 (part), 1/29/08).