Chapter 13.12
WASTEWATER CONNECTION AND CONNECTION CHARGES
Sections:
13.12.005 Connection charges – Basis for computation.
13.12.010 Permit – Required for connections when.
13.12.020 Permit – Application – Issuance conditions.
13.12.030 Permit – Processing and inspection fee.
13.12.040 Permit – Wastewater connection charge required.
13.12.050 Wastewater connection charge – Proceeds.
13.12.060 Credits against charges authorized when.
13.12.070 Exemption to charges not applicable when.
13.12.080 Connection permit – Payments prerequisite to issuance.
13.12.090 Connection charge annual escalation.
13.12.100 Updating connection charge every three to five years.
13.12.110 Waste discharge permit – Required – Terms.
13.12.130 Discharging certain waters prohibited – Pretreatment required when.
13.12.140 Standard participation contract – Eligibility.
13.12.150 Standard participation contracts – Terms generally.
13.12.170 Standard participation contract – Additional terms.
13.12.180 Developer’s contracts.
13.12.190 LID charges – Payment procedure.
13.12.200 Installment payments authorized when.
13.12.005 Connection charges – Basis for computation.
The city council finds that the connection charges set forth in this chapter assess against property owners seeking to connect to the sewer system a fair and equitable share of the cost of such system. Such charges are calculated to include a pro rata share of the cost of existing facilities plus costs directly attributable to the improvements required by the property owners seeking to connect. Such charges take into account those portions of the system which have been donated or which have been paid for by grants, including grants provided by Skagit County to further economic development. The city council further finds that it is in the interests of the city of Mount Vernon to minimize threats to the public health through the proliferation and/or continued use of on-site sewage systems. The charges set forth in this chapter are based upon the comprehensive plans and facility plans prepared by HDR Engineering, Inc., as summarized in their report of 2005, titled Wastewater Treatment Plant Upgrade Facilities Plan, the 2003 Comprehensive Sewer Plan Update and the Wastewater Connection Charge Study dated July 2008. (Ord. 3414 § 1, 2008).
13.12.010 Permit – Required for connections when.
No building sewer shall be connected to any public sewer of the city without the owner thereof first obtaining the proper sewer connection permit from the city. No person other than the representatives of the city shall uncover, make any connection to or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining such permit from the city. (Ord. 3414 § 1, 2008).
13.12.020 Permit – Application – Issuance conditions.
A. The permit application for a sewer or drain connection, repair, alteration or addition shall be made by the owner of such property or premises or by a side sewer contractor representing the owner, and the city engineer shall determine whether the permit application conforms to the requirements of this chapter and other ordinances of the city regulating side sewers.
B. A connection permit shall be required when any nonsingle-family residential user already connected to the public sewer changes or adds to the use of an existing facility in any way which adds to the number of fixture units or to the flow entering the public sewer. The connection charges shall be based on the number of fixture units or flow added.
C. No connection permit shall be issued without prior approval of the city engineer. In all cases of dispute regarding fees, permits or other matters relating to this chapter, the decision of the city engineer shall be final and conclusive. (Ord. 3414 § 1, 2008).
13.12.030 Permit – Processing and inspection fee.
For each connection permit there shall be paid by the applicant a processing and inspection fee. The processing and inspection fee shall be as set forth in the following schedule:
A. Single-family dwelling houses, $50.00;
B. Multiple-family dwelling structures, including duplex houses, apartment buildings, trailer and auto courts, motels, hotels, apartment hotels, boarding or rooming houses, and similar structures or additions thereto, $50.00 for the first dwelling unit and $25.00 for each additional unit, up to a maximum fee of $1,500;
C. All other structures, including office buildings, stores, churches, schools, hospitals and buildings accessory thereto, and industrial or commercial structures of every kind and additions thereto, one cent per square foot of ground area occupied by the structure and its foundation for the first 100,000 square feet, exclusive of areas devoted to single-family dwelling houses or multiple dwelling structures, and one-half cent per square foot for the remainder in excess thereof; and, in addition, $10.00 for each single-family or multiple-family unit combined therewith; with a minimum fee of $50.00 and a maximum fee of $1,500;
D. Alterations or repair to an existing side sewer installed and accepted under a previous permit, other than normal cleanout or root cutting for which no permit is required, $25.00;
E. Additional direct connections to a public sewer, one-half the rate for an initial connection, but not less than $50.00;
F. Reconnection to a public sewer of structures moved from another location shall be the same as for an initial connection, but not less than $50.00. (Ord. 3414 § 1, 2008).
13.12.040 Permit – Wastewater connection charge required.
For each connection permit there shall be paid by the applicant a wastewater connection charge as follows:
A. Residential Occupancies. Except as provided in subsections D and E of this section, the wastewater connection charge for residential construction shall be $5,360 per equivalent residential unit (ERU).
B. Duplex connections shall pay 75 percent of the residential occupancy rate per unit, or $4,020 per unit.
C. Commercial Occupancies. Except as provided in subsection E of this section, the wastewater connection charge for nonresidential construction shall be $255.00 per fixture unit (as defined pursuant to the Uniform Plumbing Code). At the discretion of the public works director, the peak flow water consumption may be used to determine the wastewater connection charge when the number of fixture units cannot be determined, such as with some industrial uses.
D. Mixed Occupancies. Mixed residential and nonresidential uses shall be charged at both residential and nonresidential rates in proportion to the use, as necessary.
E. Multifamily Construction. Applicants for sewer connection permits for multiple-family construction may request that the wastewater connection charge be calculated at the rate of $153.00 per fixture unit. It shall be the burden of the applicant to clearly demonstrate the number of fixture units to be included in the construction, and that it is not likely that additional fixture units will be added after payment of the connection charges. Otherwise, multifamily construction will be charged 50 percent of the residential occupancy connection charge per unit, or $2,680 per unit.
F. Developed Properties. Applicants for sewer connection permits for any previously developed property within city limits that has an on-site sewage system as of February 1, 2005, shall be exempt from the payment of a wastewater connection charge. For the purposes of this subsection, a “previously developed property” means a parcel of real property on which a building or other structure has been erected prior to February 1, 2005, and which building or structure had received approval for occupancy by the applicable unit of local government authorized to approve such occupancy. (Ord. 3691 § 1, 2016; Ord. 3633 § 1, 2014; Ord. 3577 § 2, 2012).
13.12.050 Wastewater connection charge – Proceeds.
All proceeds of the wastewater connection charge shall be placed in a separate sewer fund for use by the city only for sewer system facilities made necessary by growth within the city. Where necessary, moneys in such fund may be loaned to another, with interest as required by law for inter-fund loans. (Ord. 3414 § 1, 2008).
13.12.060 Credits against charges authorized when.
A. That portion of the cost of any of the improvements to the sewer system of the city listed within the Wastewater Connection Charge Study, dated July 2008, by HDR Engineering, Inc., fairly credited to or made on behalf of the lot to be connected, as, for example, in the case of a developer who constructs such improvements as a condition of plat approval, with a pro rata share of the cost credited to each lot; each facility as more particularly described in the plans and schedules under such project names and located in the office of the city engineer may be credited against the wastewater connection charge, not to exceed the amount thereof, to reduce the amount payable by the applicant.
B. The city has a system for assessing “latecomer charges” pursuant to Chapter 14.20 MVMC, Latecomer Agreements. Chapter 14.20 MVMC provides the course of action to give credit against the wastewater connection charge, not to exceed the amount thereof, for the cost of off-site sewer improvements which, in the opinion of the city engineer, confer substantial benefits upon other nonparticipating parties, and which are fairly credited to or made on behalf of the lot to be connected, as, for example, in the case of a developer who constructs such off-site improvements as a condition of plat approval, with a pro rata share of the cost credited to each lot.
C. The applicant for a sewer connection permit for any property for which there has been executed a standard participation agreement shall be exempt from payment of the wastewater connection charge for such permit. The amount shown on such agreement must be paid prior to issuance of any sewer connection permit.
D. There shall be an exemption from payment of the wastewater connection charge where, before the date of the ordinance codified in this section becomes effective, a completed application for a connection permit has been made together with a completed application for a building permit and all other associated permits. No such permit application shall be deemed complete unless the structure and use proposed in the permit application would be allowable without rezone, conditional use permit or other land use action by the city at the time of the application. Where all such circumstances exist, payment in the amount of the previously calculated facility expansion charge and facility capacity charge previously established by such ordinances as were in effect prior to the effective date of the ordinance codified in this section shall be required.
E. The applicant for a sewer connection charge for any connection within a mobile home park with a binding site plan approved prior to the effective date of the ordinance codified in this section shall be exempt from payment of the wastewater connection charge. In such circumstances, the facility expansion and facility capacity charges previously established by such ordinances as were in effect prior to the date of the ordinance codified in this section shall be paid.
F. There shall be a credit against the wastewater connection charge, not to exceed the amount thereof, for any facility expansion and capacity charge previously paid for the property to be connected.
G. The applicant for any sewer connection permit to install or repair a private sewer, which private sewer will serve an existing structure that was connected to the public sewer at the time the sewer connection permit application was made, shall receive a credit against the wastewater connection charge in an amount equal to the wastewater connection charge that would be charged against the existing structure. In the event an existing structure is to be demolished and reconstructed or a private sewer abandoned, the credit set forth in this subsection G shall expire on a date two years from the date of issuance of a demolition permit by the city, or the date on which an existing private sewer is taken out of service and the premises served by the private sewer that was taken out of service are no longer subject to sewer service charges pursuant to Chapter 13.32 MVMC, whichever occurs first. (Ord. 3414 § 1, 2008).
13.12.070 Exemption to charges not applicable when.
The exemption set forth in MVMC 13.12.060(D) shall not apply and the charges shall be payable for any lots within plats recorded after the effective date of the ordinance codified in this section. (Ord. 3414 § 1, 2008).
13.12.080 Connection permit – Payments prerequisite to issuance.
Except as provided in this title, no connection permit shall be issued without prior payment of the connection charges, which shall consist of a processing and inspection charge as set forth in MVMC 13.12.030 and a wastewater connection charge as set forth in MVMC 13.12.040. (Ord. 3414 § 1, 2008).
13.12.090 Connection charge annual escalation.
Each year beginning January 1, 2010, the wastewater connection charge will be adjusted by the Engineering News Record – Construction Cost Index for the Seattle area (ENR-CCI). (Ord. 3414 § 1, 2008).
13.12.100 Updating connection charge every three to five years.
The wastewater connection charge, as adopted and amended herein, shall be escalated per MVMC 13.12.090 up to five years. The connection charge should be fully updated every three to five years, or after comprehensive wastewater utility planning has been completed. (Ord. 3414 § 1, 2008).
13.12.110 Waste discharge permit – Required – Terms.
A. Any industrial unit as defined in this title shall be required to obtain a waste discharge permit from both the city of Mount Vernon and the Washington State Department of Ecology prior to discharging any industrial waste into a public sewer or side sewer; provided, that nothing herein shall be construed as limiting the authority of the city to prohibit or regulate the discharge of any industrial waste from any user where, in the opinion of the superintendent, circumstances so require.
B. The waste discharge permit, if obtained, shall be automatically renewed annually unless the industrial unit notifies the city, in writing, 60 days prior to expiration, requesting modification of the permit. The city may, at its option, modify the permit when so requested by the industrial unit. The city may initiate modification of a permit by serving written notice to the industrial unit 60 days prior to expiration of the current permit.
C. The granting of a permit or modification of a permit shall be within the sole and exclusive discretion of the city; provided, that no permit, if obtained, may be arbitrarily modified by the city’s initiative, nor may the city arbitrarily fail to renew an existing permit.
D. The determination to grant or modify a discharge permit shall be based on the following criteria:
1. Capacity of the treatment plant;
2. Balanced growth of all user classes;
3. Duration of operation of the industrial unit, with preference to year-around operations;
4. Potential for slugging;
5. Economic benefit to the community;
6. Potential for harmful effect on operation of the treatment plant;
7. Health and safety of the public and employees of the city.
E. Terms and requirements of waste discharge permits may vary among industrial units depending on the factors outlined in subsection D of this section.
F. It shall be unlawful for a waste discharge permit holder (permit holder) to discharge waste into the Mount Vernon sewerage system which is not in compliance with parameter values established in the waste discharge permit. (Ord. 3414 § 1, 2008).
13.12.120 Connections – Required – Application regulations – Costs – Inspection and approval required.
The owners of all buildings and structures within the city are required to connect the plumbing and building drains of those buildings to the public sewers of the city in accordance with the ordinances, rules and regulations of the city applicable thereto. The costs of any such connection must be borne solely by the owner of the property or his designee, but not by the city. All work shall be subject to the inspection and approval of the city engineer or other authorized representatives of the city. (Ord. 3414 § 1, 2008).
13.12.130 Discharging certain waters prohibited – Pretreatment required when.
It is unlawful for any person to discharge or cause to be discharged any storm water, surface water, roof runoff, subsurface drainage, cooling water, unpolluted industrial process waters, or waters or wastes of a type or quality for which the sewage collection, treatment and disposal system of the city has not been designed to receive. The city may require any sewer user to pretreat any water or waste not meeting the city requirements prior to discharge thereof into any public sewer (see Chapter 13.20 MVMC). (Ord. 3414 § 1, 2008).
13.12.140 Standard participation contract – Eligibility.
Properties, or portions thereof, which are not entitled to sewer service by reason of either not having been subject to a sewer assessment of the city or otherwise qualifying for sewer service without executing a standard participation contract may be connected to the public sewers of the city, and served thereby, when the owner thereof executes a standard participation contract and the mayor, or authorized representative of the city, concurs therewith. (Ord. 3414 § 1, 2008).
13.12.150 Standard participation contracts – Terms generally.
The standard participation contract shall provide the following:
A. The property owner warrants that he is the owner of that property with full authority to bind the property with the covenants and conditions contained in the contract.
B. The property owner shall subject his property to the terms of the contract and the resolutions and ordinances of the city, and shall use the public sewers of the city in accordance with the rules, regulations and ordinances of the city as they may be amended from time to time; and that the property shall be subject to the regular schedule of sewer service charges of the city as may from time to time be fixed by the city for its use classification, including, if the city so provides, a reasonable split rate for properties served in particular areas.
C. The property described in the contract shall be the only property served with sewer service pursuant to that contract.
D. The property subject to the contract shall be subject to liens, penalties, and interest for nonpayment of sewer service charges to the same extent as any other property served by the city.
E. Building sewers and other sewer facilities constructed and installed by the property owner shall be subject to the permit, design review, construction, inspection, connection, conveyance, and other requirements of this chapter, including the required fees and charges.
F. There shall be paid for the property, subject to the contract, a charge in lieu of assessment required by MVMC 13.12.160.
G. The contract shall be filed for record at the office of the county auditor and shall constitute a charge against the property and a covenant running with the land and shall bind the property and all future owners thereof. (Ord. 3414 § 1, 2008).
13.12.160 Charge in lieu of assessment – Trunkage, connection, and permit fees and charges – Lateral sewer pipelines.
A. The standard participation contract shall provide that before the property or a portion thereof receives sewer service, the property owner must pay to the city, in addition to any connection and permit fee or charge which may be due, an amount which shall constitute a charge in lieu of assessment and which may be determined, as near as may be, by the use of the assessment formula used in the local improvement district or utility local improvement district or, if the assessment therein did not cover the cost of providing treatment and pipe capacity to the property, then by any fair means at the discretion of the city engineer which will assure that the property to be served will bear its fair share of the cost of providing sewer line and treatment plant capacity to that property.
B. The charge in lieu of assessment must be paid in full before connection to the public sewers of the city is permitted, but for any charge exceeding $1,000, if the mayor or other authorized representative of the city approves, and if the property owner prepays at least $1,000, the balance of the charge in lieu of assessment may be paid in not more than five equal annual installments, plus interest at the current market rate for municipal warrants and bonds. Said interest rate shall be determined by the finance director. Any unpaid balance plus interest shall become and remain a lien against the property prior to any other charges whatsoever, except taxes. If the property, or portion thereof, covered by the standard participation contract is not platted, then all of the property owned by the same person in a contiguous area which at that time had not been subject to special assessments for the public sewer into which it is to be connected and which can be served by that public sewer must be covered by the standard participation contract, except that, if the parcel is substantially larger than the zoning of the surrounding area and only a small portion is being developed, that portion may be assigned by the city engineer specific boundaries similar in size of nearby parcels. The standard participation contract and charge in lieu of assessment may then be executed only for the area within said boundaries. If such property is platted, then only the lot to be served need be covered by the contract.
C. Instead of all or a portion of the charge in lieu of assessment, the city may accept from the property owner a sewer pipeline of sufficient value installed in an easement or public right-of-way, or some other performance reflecting value approximating the charge in lieu of assessment. Such sewer pipeline shall be subject to all applicable requirements of this title. (Ord. 3414 § 1, 2008).
13.12.170 Standard participation contract – Additional terms.
To protect the interest of the city, the mayor, the city engineer, or other authorized representative of the city may require other conditions and provisions to be inserted in the standard participation contract as the individual case may warrant, including, but not limited to, reasonable design requirements, design review, and inspection requirements, and protective and safety requirements. (Ord. 3414 § 1, 2008).
13.12.180 Developer’s contracts.
The city may also enter into contracts with owners of real estate as provided in Chapter 35.91 RCW, Municipal Water and Sewer Facilities, or other contracts which law permits. (Ord. 3414 § 1, 2008).
13.12.190 LID charges – Payment procedure.
In the event of formation of sewer improvements which results in the availability of sewer service to residential structures which were included in the LID, the sewer connection charges for such residential structures may be paid in equal annual installments over a period of time concurrent with the payment period of the LID. In such event there shall be paid interest upon the unpaid balance of such charges at the rate of eight percent per year; provided, that if such residential structure is sold prior to payment of the entire balance of the charges then the entire balance due shall become immediately due and payable in full on the day of closing of the sale of such residential structure; and provided further, that to qualify for such payment plan the fee owner or owners of the property must first execute an agreement to pay such charges and to make such charges a lien upon the property. (Ord. 3414 § 1, 2008).
13.12.200 Installment payments authorized when.
In the event sewer service is made available to a residential structure existing at the time such sewer service is made available other than through an LID in which the residential structure is included, the wastewater connection charges for such residential structure may be paid in equal annual installments over a period of five years. In such event there shall be paid interest on the unpaid balance of such charges at the rate of eight percent per year; provided, that if such residential structure is sold prior to payment of the entire balance of the charges, then the entire balance due shall become immediately due and payable in full on the day of closing of the sale of such residential structure; and provided further, that to qualify for such payment plan the fee owner or owners of the property must first execute an agreement to pay such charges and to make such charges a lien upon the property. (Ord. 3414 § 1, 2008).