Chapter 15.85
STREET DEVELOPMENT
Sections:
15.85.050 Application procedures.
15.85.060 Reimbursement time period.
15.85.080 Application approval – Review by town council.
15.85.090 Determination of reimbursement area boundary and reimbursement fee.
15.85.110 Notice to property owners.
15.85.130 Reimbursement agreement must be recorded.
15.85.140 Payment of town cost in excess of application fee.
15.85.150 Construction and acceptance of improvements – Recording of final fees.
15.85.160 Collection of reimbursement fees – No liability for failure to collect.
15.85.170 Disposition of undeliverable reimbursement fees.
15.85.010 Authority.
(1) Pursuant to Chapter 35.91 RCW, the town of La Conner is authorized to contract with property owners for construction of storm drainage, sanitary, or combination sewers, pumping stations and disposal plants, water mains, hydrants, reservoirs, or appurtenances, hereinafter “water or sewer facilities,” which contract may provide for the partial reimbursement to the property owners of a portion of the cost of the water or sewer facilities.
(2) The legislature of the state of Washington enacted Chapter 35.91 RCW authorizing towns to enter into contracts with the owners of real estate for the construction or improvement of water and sewer facilities which the owner elects to install as a result of town ordinances that require the projects as a prerequisite to further property development, and the state law further provides that such contracts may require that the owners of property that is determined to be benefited by the street project in the event such owner develops such property within a period not to exceed 10 years of the date such contract is recorded with the Skagit County department of records. [Ord. 671 § 5.3.A, 1995.]
15.85.020 Purpose.
The purpose of this chapter is to:
(1) Provide requirements for the issuance of a certificate of authorization for building permits on properties abutting undeveloped streets or roads and/or in areas without sanitary sewers or storm drainage.
(2) Implement and thereby make available to the public, Chapters 35.72 and 35.91 RCW as the same now exists or may hereafter be amended.
(3) Prescribe rules and regulations for exercise of the authority to enter into storm drainage, water, sewer and street project reimbursement agreements granted to the town in Chapter 35.72 RCW and Chapter 35.91 RCW. [Ord. 671 § 5.3.B, 1995.]
15.85.030 Procedures for issuance of a certificate of authorization for building permits on properties without street, sewer, utility and storm drainage improvements.
(1) Whenever a permit is applied for under the provisions of the International Building Code for new construction, additions and remodels with a valuation of 50 percent or greater than the current assessed valuation of the existing structure, then the person applying for such building permit shall build and install certain street improvements to the adjacent right-of-way, sewer, water and storm water systems necessary to serve the property and in accordance with the town design standards and approval of the town public works director prior to the issuance of a building permit. All building permit applications within a 12-month period shall be considered cumulatively and subject to the aforementioned infrastructure improvements.
The following types of properties and improvements shall be subject to the provisions of this section:
(a) A multifamily dwelling of four or more units;
(b) A public assembly facility;
(c) A commercial facility;
(d) An industrial facility; or
(e) The creation or addition of 5,000 square feet, or greater, of new impervious surface area. On-site impervious surfaces and parking areas of 5,000 square feet or more must comply with the landscaping and screening provisions of LCMC 15.90.040, Screening requirements.
Permit applicant must also comply with provisions of Chapter 15.90 LCMC, Off-Street Parking and Loading, prior to permit issuance.
(2) The director of public works may waive or modify the required infrastructure and on-site improvements subject to the following criteria:
(a) When no adequate storm drainage trunk system exists in the vicinity of the site on which the building or structure is to be constructed in which to direct the flow of the required storm sewer collector system; and/or
(b) When requiring full width paving of streets abutting the area being developed would create a traffic hazard due to transitions to adjacent narrower paved surfaces; and/or
(c) Where a substantial likelihood exists that the improvements required, when placed at the time of the granting of the building permit, will have to be removed or substantially modified because of additional potential development in the area; and/or
(d) Where full development of the right-of-way and utilities is unlikely; and/or
(e) Where half-street improvements in lieu of full street improvements are appropriate.
The public works director may require a covenant authorizing the establishment of a local improvement district or a bond to construct that portion of the necessary improvements to meet town design standards situations cited in the criteria above.
(3) Development of Platted Roads and Streets. Street and road development must comply with the provisions of Chapter 15.86 LCMC.
(4) Development of Sewer and Drainage. The development and construction of sewer and drainage shall conform to all construction, design, and development standards contained in the La Conner sewer manual and specifications set by the director of public works. [Ord. 963 § 6, 2005; Ord. 867, 2002; Ord. 671 § 5.3.C, 1995.]
15.85.040 Procedures and regulations for entering into reimbursement agreements for storm drainage, sewer, water, and streets.
(1) Minimum Project Size. In order to be eligible for a reimbusement agreement the estimated cost of the proposed improvement must not be less than $1,000. The estimated cost of the improvement shall be determined by a consensus of both the director and the superintendent, based upon a construction contract for the project, bids, engineering or architectural estimates or other information deemed by the director and/or superintendent to be a reliable basis for estimating costs. The determination shall be final. [Ord. 671 § 5.3.D, 1995.]
15.85.050 Application procedures.
(1) Application Contents. Application for the establishment of an assessment reimbursement area shall be made on a form provided by the town and shall be accompanied by an application fee set by the town council and shall include the following items:
(a) Preliminary construction plans and drawings of the entire street project to be borne by the assessment reimbursement area, prepared and stamped by a licensed engineer.
(b) Meet requirements set by the director and superintendent.
(c) Itemization of all costs of the street project including, but not limited to, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, water and sewerlines and hookups, engineering, construction, property acquisition and contract administration by a licensed civil engineer or in the form of a bid submitted by a qualified contractor. (If more than one bid has been obtained, all bids must be submitted to the town.)
(d) A map and legal description identifying the proposed boundaries of the assessment reimbursement area and each separately owned parcel within such area. Such map shall identify the location of the street project in relation to the parcels of property in such area.
(e) A proposed assessment reimbursement roll stating the proposed assessment for each separate parcel of property within the proposed assessment reimbursement area as determined by apportioning the total project cost on the basis of the benefit of the project to each such parcel of property within the area.
(f) A complete list of recorded owners of property within the proposed assessment reimbursement area certified as complete and accurate by the applicant and which states names and mailing addresses for each such owner.
(g) Envelopes addressed to each of the recorded owners of property within the assessment reimbursement area who have not contributed their pro rata share of such costs. Proper postage for registered mail shall be affixed or provided.
(h) Copies of executed deeds and/or easements in which the applicant is the grantee for all property necessary for the installation of such street project.
(i) Other information as required by the director and/or superintendent.
(2) Construction plans shall be approved by the director and superintendent and/or a consulting engineer of their choice. [Ord. 671 § 5.3.E, 1995.]
15.85.060 Reimbursement time period.
Reimbursement agreements shall provide for reimbursement for a period not to exceed 10 years from the date of final acceptance of the improvement by the town. [Ord. 671 § 5.3.E, 1995.]
15.85.070 Authorization.
The public works director and/or superintendent of wastewater facilities are hereby authorized to accept applications for the establishment by contract of an assessment reimbursement area as provided by state law, provided such application substantially conforms to the requirements of this code. [Ord. 671 § 5.3.F, 1995.]
15.85.080 Application approval – Review by town council.
(1) The director and/or superintendent shall review all applications and shall approve, approve with conditions, or deny the application based on the following requirements:
(a) The project satisfies the minimum size requirement;
(b) The proposed improvements fall with the description of “water or sewer facilities” and “street projects.”
(2) The determination of the director and/or superintendent shall be in writing and mailed to the applicant at the address listed on the application.
(3) In the event of approval with conditions, or denial, the applicant may request that the town council review the final determination by filing a written request with the town clerk no later than 10 days after the date on the determination.
(4) In reviewing the final determination, the town council shall apply the criteria set forth in subsection (1) of this section, and shall uphold the decision of the director and/or superintendent unless evidence presented by the applicant clearly demonstrates that the criteria have been satisfied. [Ord. 671 § 5.3.G, 1995.]
15.85.090 Determination of reimbursement area boundary and reimbursement fee.
(1) In the case of all applications which are approved, the director and/or superintendent shall define the reimbursement area based upon a determination of which parcels did not contribute to the original cost of the street, storm drainage, water or sewer facility for which the reimbursement agreement applies and which may subsequently tap into or use the same, including not only those which may connect directly thereto; but, also those who may connect to laterals or branches connecting thereto. An estimated amount of the reimbursement fee shall be established so that each property will pay a share of the costs of the improvements which is proportional to the benefits which accrue to the property.
(2) If the applicant disposes of the properties for which he/she has entered into the reimbursement agreement before a certificate of authorization has been issued for a building permit, those properties shall be excluded from any part of the reimbursement agreement. [Ord. 671 § 5.3.H, 1995.]
15.85.100 Assessment methods.
The public works director and superintendent shall use a method of assessment which is based on the benefit to the property owner from the project. The methods of assessment authorized in Chapter 35.44 RCW for local improvement districts may be used. [Ord. 671 § 5.3.I, 1995.]
15.85.110 Notice to property owners.
Prior to the execution of any contract with the town establishing an assessment reimbursement area, the director and superintendent or designee shall mail, via registered mail, a notice to all recorded property owners within the assessment reimbursement area as determined by the town on the basis of information and materials supplied by the applicant, stating the preliminary boundaries of such area and assessments along with substantially the following statement:
As a property owner within the Assessment Reimbursement Area whose preliminary boundaries are enclosed with this notice, you or your heirs and assigns will be obligated to pay under certain circumstances a pro rated share of construction and contract administration costs of a certain street project that has been preliminarily determined to benefit your property. The proposed amount of such pro rata share or assessment is also enclosed with this notice. You, or your heirs and assigns, will have to pay such share, if any development permits are issued for development on your property within 10 years of the date of a contract establishing such area being recorded with Skagit County, provided such development would have required similar street improvements for approval. You have a right to request a hearing before the town council within 20 days of the date of this notice.
All such requests must be made in writing and filed with the town clerk. After such contract is recorded, it shall be binding on all owners of record within the assessment area who are not a party to the contract.
[Ord. 671 § 5.3.J, 1995.]
15.85.120 Written agreement.
(1) Upon approval of the application, determination of the estimated costs of construction, the reimbursement area, and estimated fees by the director and superintendent, the applicant shall sign a reimbursement agreement in the form provided by the town. The signed agreement, the application and supporting documents, together with the director’s and superintendent’s estimates of cost of construction, and determination of reimbursement area and estimated fees shall be presented to the town council with a request that the town council authorize the mayor to sign the reimbursement agreement on behalf of the town.
(2) If an owner of property within the proposed assessment reimbursement area requests a hearing, notice of such shall be given to all affected property owners in addition to the regular notice requirements specified by this code, the cost of which shall be borne by the applicant. At any such hearing, the town council shall authorize the execution of appropriate documents. The town council’s ruling on these matters is determinative and final. If no hearing is requested, the council may consider and take final action on these matters at any public meeting 20 days after notice was mailed to the affected property owners. [Ord. 671 § 5.3.K, 1995.]
15.85.130 Reimbursement agreement must be recorded.
(1) In order to be come effective, a reimbursement agreement must be recorded within 30 days with the office of the Skagit County auditor. It shall be the sole responsibility of the beneficiary of the reimbursement agreement to verify the agreement has been recorded.
(2) If the contract is so filed and recorded, it shall be binding on owners of record within the assessment area who are not party to the agreement. [Ord. 671 § 5.3.L, 1995.]
15.85.140 Payment of town cost in excess of application fee.
In the event that costs incurred by the town for engineering or other professional consultant services required in processing the application exceed the amount of the application fee, the director and/or superintendent shall so advise the town council and council approval shall be conditioned upon receipt of payment by the applicant of an additional amount sufficient to compensate the town for its costs in excess of the application fee. The applicant for the street and/or utility reimbursement agreement shall reimburse the town for the full administrative and professional cost of reviewing and processing such application and preparing the agreement. At the time of application, a fee shall be deposited with the town. If actual costs are less than the fee, the difference will be refunded. If actual costs are greater than the fee, the applicant will reimburse the town for the difference before the contract may be recorded. [Ord. 671 § 5.3.M, 1995.]
15.85.150 Construction and acceptance of improvements – Recording of final fees.
(1) After the reimbursement agreement has been signed by both 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 town, subject to any required obligation to repair defects. An appropriate bill of sale, deed of property, dedication, easement and/or any other document needed by the town to convey the improvements to the town and to ensure right of access for maintenance and replacement shall be provided, along with documentation of the actual cost of the improvement and a certification by the applicant that all of such costs have been paid.
(2) In the event that actual costs are less than the director’s and superintendent’s estimate used in calculating the estimated fees by 10 percent or more, the director and superintendent shall recalculate the fees, reducing them accordingly, and shall cause a revised list of fees to be recorded with the county auditor. [Ord. 671 § 5.3.N, 1995.]
15.85.160 Collection of reimbursement fees – No liability for failure to collect.
(1) Subsequent to the recording of a reimbursement agreement, the town shall not approve a certificate of authorization for a building permit within the reimbursement area, except those listed in LCMC 15.85.030 with prior approval by the director, unless the share of the costs of such facilities required by the recorded agreement is first paid to the town.
(2) Upon receipt of any reimbursement fees, the town shall deduct a six percent administrative fee and remit the balance of the reimbursement fees to the party entitled to the fees pursuant to the agreement. In the event that, through error, the town fails to collect a required reimbursement fee prior to approval of connection to a sewer, water or storm drainage facility, the town shall make diligent efforts to collect such fee; but shall under no circumstances be obligated to make payment to the party entitled to reimbursement, or in any other way be liable to such party, unless such reimbursement fee has actually been paid to the town. [Ord. 671 § 5.3.O, 1995.]
15.85.170 Disposition of undeliverable reimbursement fees.
In the event that, after reasonable effort, the party to which reimbursement fees are to be paid pursuant to a reimbursement agreement cannot be located, and upon the expiration of 180 days from the date the fees were collected by the town, the fees shall become the property of the town and shall be revenue to the town sewer, storm drainage, water and/or street project funds. [Ord. 671 § 5.3.P, 1995.]