Chapter 9.30
ADMINISTRATION OF CONNECTION FEE AND GFC CREDITS
Sections:
9.30.020 Connection fee and general facility charge credit policy.
9.30.010 Definitions.
Abandoned Connection. A connection is considered abandoned if it is either:
(a) An existing sanitary sewer connection that is permitted by the District to disconnect from the District’s sanitary sewer system and has been disconnected for a period exceeding five years from the date the permit was issued; or
(b) An existing sanitary sewer connection that had been disconnected from the District’s system without a District approved permit.
“Capping permit” means a permit issued by the District which allows an existing customer to disconnect their property or individual structure from the District’s sanitary sewer system. A permitted capped account suspends monthly billing for the period of time service is disconnected.
“Connection fee” means the general facility charge and any “reimbursable” costs owed to previous development and/or the District.
“Connection fee credit” means:
(a) A paid connection fee associated to a nonabandoned sanitary sewer connection; or
(b) A connection fee paid by or credited to a development, by a developer extension agreement, and applied to the associated lots in the development.
“Developer extension agreement (“DEA”)” means a contract entered into by a property owner and the District for projects that require the extension of the District’s sanitary sewer system to serve the property owner’s property.
“District’s sanitary sewer system” means all District owned and operated facilities, such as but not limited to all pipes, manholes, lift stations and treatment systems used to convey sanitary waste to be treated.
“General facilities charge credit (“GFC credit”)” means a credit equal to actual construction and allied costs incurred by a property owner to construct sewer facilities over and above what is required for a development project. Any connection fee credit agreements shall be a component of the project specific DEA and shall require approval by the Board of Sewer Commissioners.
“General facilities charge (“GFC”)” means the base connection charge set by resolution.
“Reimbursable fee” or “latecomer fee” means a fee established by an agreement made pursuant to Chapter 57.22 RCW and approved by the Board of Commissioners.
“Service lateral” or “side sewer” means the portion of the sanitary sewer pipeline that carries wastewater from a customer’s private property to the District’s sanitary sewer system, for which maintenance and repair is the responsibility of the property owner.
“Side sewer permit” means a permit issued by the District that allows a property owner to connect to the District’s sanitary sewer system.
“Uncapping permit” means a permit issued by the District that allows a property owner to reconnect a service lateral that had been disconnected from the District’s sanitary sewer system. [Res. 1050 § 1, 2023.]
9.30.020 Connection fee and general facility charge credit policy.
(1) Disconnection.
(a) A property owner must be issued a District approved capping permit prior to disconnecting from the District’s sanitary sewer system.
(b) The property shall be physically disconnected from the District’s sanitary sewer system prior to the permit expiring.
(c) The disconnection shall be inspected by the District.
(d) A connection fee credit for each sanitary sewer service disconnected from the District’s sanitary sewer system will be applied to the property for a period not more than five years, or 60 months, from the issue date of the capping permit.
(e) An abandoned connection shall not be entitled to a connection fee credit.
(f) A sanitary sewer service that has been disconnected without the requisite District issued permit and/or inspection may not be entitled to a connection fee credit for the disconnected service. Upon discovery, a property owner that disconnects without a permit shall be required to submit a variance request to the District. The Board shall evaluate the circumstances and issue a ruling on issuance of connection fee credits.
(g) The District shall not refund any unused and/or expired credits.
(2) Reconnection.
(a) A property owner must be issued a District approved uncapping permit prior to reconnecting to the District’s sanitary sewer system.
(b) A property shall be physically connected to the District system prior to the permit expiring.
(c) The uncapping shall be inspected by the District.
(d) An unexpired connection fee credit shall be applied to the reconnection and the property shall not be assessed a connection fee.
(e) Upon the reconnection of an abandoned sanitary sewer service lateral, the property shall be assessed the then current connection fees.
(f) The District shall not refund any unused and/or expired credits.
(3) Developer Extension Connection Fee Credits.
(a) At the conclusion of construction, testing, and transfer of sewer facilities constructed by a property owner, a lump sum payment of all connection fees shall be submitted to the District. A connection fee credit for each lot, unit, building or equivalent residential unit detailed in the developer extension agreement shall be assigned to the property.
(b) A side sewer permit shall be required prior to the physical connection of any building, structure, or unit.
(c) Each sanitary sewer service identified in the side sewer permit shall be connected prior to the permit expiring.
(d) A connection fee credit shall be issued in accordance with the DEA and shall be applied when the physical connection is made.
(e) Lots created or added after the sewer improvements of a development have been donated to the District shall not be entitled to receive any connection fee credits allocated to the development.
(f) Unused credits for connection fees shall expire five years following the date in which connection fees were paid to the District.
(g) Should a connection fee credit expire, the then current connection fee shall be required prior to connection.
(h) The District shall not refund any unused and/or expired credits.
(4) General Facility Charge Credits.
(a) General facility charge credits apply only to developer extension projects in which a property owner constructs sewer facilities on the District’s behalf that:
(i) Are identified in the District’s Comprehensive Plan as a District funded capital project; or
(ii) Would rehabilitate or replace an existing facility with known deficiencies; or
(iii) Would oversize a facility or a portion thereof that would increase the capacity of a facility; or
(iv) Would provide a local or regional benefit to the District’s sanitary sewer system; or
(v) Would extend sanitary sewer service to an area that is difficult to serve if otherwise not constructed concurrently with a development project.
(b) The amount of a general facility charge credit shall be calculated using the property owner’s actual cost to construct, rehabilitate, replace, oversize or upgrade a facility on the District’s behalf; however, this credit shall not exceed the total equivalent residential units in the development project.
(c) The general facilities charge credit is not intended to replace the standard reimbursement contract as is described in RCW 57.22.020, 57.22.030 and 57.22.040.
(d) The terms and conditions of general facilities charge credit agreement shall be included in the project specific developer extension agreement.
(e) The credit for general facilities charges shall not include reimbursable charges owed to previous developments or the District.
(f) Should facilities constructed on behalf of the District create a benefit outside of the property identified in the developer extension agreement and the District participated in financing the project by supplying the property owner general facilities charge credits, and the facilities constructed are not identified in the Capital Improvement Plan as a District financed project, the District shall create a local facility charge area that is based on a determination of the Board of Commissioners of which parcels would require similar improvements upon development. The District would be the beneficiary of the local facility charge funds. The reimbursable amount and area must be approved, by resolution, by the Board of Sewer Commissioners for the Lake Stevens Sewer District. Local facility charge proceeds shall be deposited in the District’s capital fund. [Res. 1050 § 2, 2023.]
9.30.030 Time extensions.
Capped accounts and/or unbuilt lots in a development that would be considered abandoned or are within two years of being considered abandoned shall be given an additional two years from the effective date of the resolution codified in this chapter to connect before the connection is considered abandoned and, as a result, connection fee credits are expired. Any accounts that apply for capping and/or developments entered into after the effective date of the resolution codified in this chapter shall not be entitled to any time extension. [Res. 1050 § 4, 2023.]