Chapter 14.18
LATECOMERS AGREEMENTS
Sections:
14.18.030 Application – Purpose – Term.
14.18.040 Eligibility of applicants.
14.18.050 Guidelines establishment authority.
14.18.060 Application requirements – Fee.
14.18.070 Latecomers agreement – General improvement procedures.
14.18.080 Payment of latecomers assessment.
14.18.090 Removal of unauthorized connections.
14.18.100 Rights and nonliability of city.
14.18.010 Applicability.
The latecomers agreements covered herein apply to street system, stormwater drainage, and utility system improvements as defined in Chapters 35.72 and 35.91 RCW, where the construction of such improvements is required by the city of Longview prior to property development. Street and utility system improvements constructed to comply with the city of Longview subdivision code, zoning code, comprehensive plan, transportation or utility system plans, and Longview Municipal Code are hereby declared to be prerequisite to further property development for the purpose of RCW 35.72.010 or 35.91.020. (Ord. 3430 § 1, 2020).
14.18.020 Definitions.
(1) “Street projects” include the acquisition of right-of-way and/or easements, in addition to project elements provided by RCW 35.72.020, and similar improvements as required by the city. A latecomers agreement shall not be approved for the improvement of a property owner’s abutting rights-of-way and transitions as required by city ordinance and city, state, or AASHTO design guidelines. Pursuant to RCW 35.72.010, the city is not required to grant latecomers agreements for street projects.
(a) No latecomers agreement shall be approved for street projects that abut only, or are contained within, the applicant’s property, for which the property owner is solely responsible as a condition of their development.
(b) Storm drainage includes such improvements as mains and related appurtenances, including public detention or retention facilities, swales, drywells, low impact development criterion, and similar improvements.
(2) “Utility system improvements” shall include the acquisition of right-of-way and/or easements, and survey, design, permitting, and construction to city standards, including restoration of public and private property to pre-project or better condition. Eligible facilities shall include water, sewer, and stormwater systems as defined in RCW 35.91.015.
(3) “Director” means the public works director or his/her designee.
(4) “Reimbursement area” shall include those parcels that will not contribute to the original cost of proposed street or utility system improvements, and who may in future benefit from the proposed eligible improvements.
(5) “Property owners” shall mean the owners of record, as recorded with the Cowlitz County assessor’s office, within the reimbursement area.
(6) The executed latecomers agreement shall be binding on owners of record within the reimbursement area who are not party to the agreement. (Ord. 3430 § 1, 2020).
14.18.030 Application – Purpose – Term.
(1) Eligibility for a latecomers agreement shall be determined by the director, based upon a construction contract for the project, bids, a contractor’s or engineer’s estimate, or other information deemed a reliable cost estimate by the director. The director’s determination shall be final.
(2) Street System Improvements. Property owners may apply for latecomers agreements if using private funds to install arterial or collector street improvements and appurtenances, and if the value of the portion of the project benefiting other properties exceeds $50,000. Temporary improvements, constructed to benefit the developer or property owner’s schedule where the temporary improvement will be replaced by future development, will not be eligible for a latecomers agreement.
(3) Street system improvements latecomers agreements shall be limited to 15 years and extended only in accordance with RCW 35.72.020. Property owners eligible for reimbursement shall ensure their current contact information is on file with the city in accordance with RCW 35.72.020(3).
(4) Utility System Improvements. Property owners may apply for latecomers agreements if using private funds to install, improve, or oversize public water or sanitary or storm sewer improvements and appurtenances if the value of the portion of the project benefiting other properties exceeds $10,000.
(5) Utility system improvement latecomers agreements shall be limited to 20 years and extended only in accordance with Chapter 35.91 RCW. Property owners eligible for reimbursement shall ensure their current contact information is on file with the city in accordance with RCW 35.72.020(3).
(6) Project eligibility values and processing fees shall be adjusted at the time of application by applying the rates of inflation reported by the ENR (Engineering News-Record) Seattle Construction Cost Index for the intervening years between the ordinance effective year and the year of application.
(7) City Participation. The city may join in the financing of street system improvements or utility system improvements, in accordance with RCW 35.72.050 and 35.91.060, respectively. (Ord. 3430 § 1, 2020).
14.18.040 Eligibility of applicants.
Applicants for a latecomers agreement shall be in compliance with all city ordinances, rules, and regulations. (Ord. 3430 § 1, 2020).
14.18.050 Guidelines establishment authority.
The director shall establish guidelines and rules, regulations, policies and procedures for all applications for a latecomers agreement. (Ord. 3430 § 1, 2020).
14.18.060 Application requirements – Fee.
(1) All applications for a latecomers agreement shall be on forms approved and established by the director and shall be accompanied by a nonrefundable processing fee.
(2) Applicants for a latecomers agreement shall submit with the application a nonrefundable processing fee in the base amount of $500.00 for each separate utility system (water, sewer, or storm) improvement project and $1,000 for a street system improvement project. An additional $200.00 shall be added to the base fee for each separate parcel of property within the proposed reimbursement area. These fees are the minimum processing fee, to be applied to the city’s legal, engineering, and administrative costs (including, but not limited to, staff time, and costs for title reports, appraisers, or other costs) associated with preparing the latecomers agreement. These costs shall be included as reimbursable costs in the latecomers agreement. Should the city’s engineering, legal, and administrative costs exceed the minimum payment required herein, the city shall provide the applicant a breakdown of costs. (Ord. 3430 § 1, 2020).
14.18.070 Latecomers agreement – General improvement procedures.
(1) Applicants for a latecomers agreement shall submit the following with their application:
(a) Project design plans, stamped by a professional engineer licensed in Washington.
(b) A project location map and a map of the proposed benefit area which includes parcel boundaries and parcel numbers.
(c) Ownership reports for each parcel within the proposed benefited area, including legal descriptions.
(d) Cost estimates or bids for (i) the total project, and (ii) the portion of the project that benefits the other properties and exceeds development requirements on applicant’s property. Cost estimates shall conform to city standards and ordinances and be based upon the plans submitted.
(2) The director shall review and approve the proposed reimbursement area.
(3) The director shall estimate the preliminary pro rata share of costs, based on the submitted information. The director may require submittal of additional information or supporting documentation.
(4) The director may hold a meeting with the applicant to review the information submitted and any further information that may become available, and to review initial findings.
(5) The director may utilize the application fee to retain an appraiser to assist the director in formulating an assessment reimbursement area.
(6) Latecomer agreements shall require preliminary and final approval by the city council. For preliminary approval, the director shall schedule a city council hearing to occur no more than 60 days following approval of the application.
(a) At least 20 days before the scheduled city council consideration, appropriate maps of the preliminary reimbursement area, the estimated costs per parcel, and a description of the property owners’ rights and options shall be sent to each property owner.
(b) Property owners in the preliminary assessment reimbursement area will have 20 days after certified mail delivery of their preliminary assessment to appeal their assessment. The appeal will be considered by council during the latecomers agreement preliminary approval hearing.
(c) The city council in the hearing shall accept, reject, or modify the proposed latecomers agreement. Council may only modify the reimbursement area upon new notice to the affected owners. If the city council accepts the latecomers agreement, it shall establish the reimbursement area.
(7) No more than 120 days after city final acceptance of the constructed project, the applicant shall provide the city a tabulation of final construction costs, with documentation, which the city will use to determine the pro rata share of project costs.
(a) No more than 60 days following receipt of the final construction costs, the director shall place the latecomers agreement final approval on the city council agenda.
(b) Not less than 20 days prior to the scheduled approval, the city shall notify, by certified mail, the property owners within the reimbursement area of the final latecomer fees against their property and the date the latecomers agreement shall be presented to the city council for public hearing.
(c) On the date scheduled, the city council shall hear from affected parties and thereafter execute the latecomers agreement. The decision of the city council shall be final and determinative.
(8) The city shall record the latecomers agreement in the Cowlitz County auditor’s office within 30 days of the execution of the agreement, and provide each affected property owner with a copy thereof within 14 days following the recording. (Ord. 3430 § 1, 2020).
14.18.080 Payment of latecomers assessment.
(1) Latecomers’ fees shall be due in their entirety upon application for a permit to connect to water or sewer systems covered by the agreement, or for development or building permits leading to increased use or change of use of the subject street and/or stormwater system improvement by a property subject to the agreement. Fees shall be paid to the city prior to the city issuing a connection or construction permit. Within 60 days of receipt, the city will pay to the participating property owner the reimbursement amount collected, less a 10 percent administrative fee.
(2) When the latecomers assessment for any property has been paid in full or the latecomers agreement has expired, the city shall record with Cowlitz County a certification of payment or agreement expiration releasing that property from the latecomers agreement. (Ord. 3430 § 1, 2020).
14.18.090 Removal of unauthorized connections.
If a connection is made to water or sewer improvements without payment of the latecomers’ fee, the public works department is authorized to disconnect the service. Means of disconnection shall be at the utility manager’s discretion. The property owner where the unauthorized connection is located shall be liable for all costs and expenses of any type incurred to remove, disconnect, and dispose of the unauthorized connection, and for reconnection expenses after all fees have been paid. (Ord. 3430 § 1, 2020).
14.18.100 Rights and nonliability of city.
(1) The city reserves the right to refuse to enter into any latecomers agreement or to reject any application, except as provided in Chapters 35.72 and 35.91 RCW. All applications for a latecomers agreement shall be made on the basis that the applicant releases and waives any claims for any liability of the city in establishment and enforcement of a latecomers agreement.
(2) The city in no way guarantees payment of fees by latecomers, or enforceability of assessments, or enforceability of the latecomers agreement, or the amount(s) assessed therein. The offices or finances of the city shall not be used for enforcement or collection of latecomers’ obligations beyond those duties specifically undertaken by the city herein. It shall be the obligation of the property owner to take whatever authorized means are available to enforce payment of latecomers assessments; and property owner is hereby authorized to take such actions.
(3) The city shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through a latecomers agreement. Every two years from the date the agreement is executed, a property owner entitled to reimbursement under the agreement shall provide the city with information regarding the current contact name, address, e-mail address, and telephone number of the person, company, or partnership that originally entered into the agreement. If the property owner fails to comply with the notification requirements within 60 days of the specified time, then the city may collect any reimbursement funds owed to the property owner; such funds shall be deposited in the appropriate capital fund of the city. (Ord. 3430 § 1, 2020).