Chapter 13.16 SEWERS—CONNECTIONS

Chapter 13.16
SEWERS—CONNECTIONS

Sections:

13.16.010 Connection to system—Permit—Required.

13.16.020 Connection to system—Permit—Application.

13.16.030 Costs borne by owners.

13.16.035 General facilities charge—Separate fund.

13.16.036 Agreement for credit against general facilities charge.

13.16.037 Utility connection fee—North Reed Street.

13.16.038 Utility connection fee—Cook Road-Trail Road.

13.16.039 Utility connection fee—Fruitdale Road.

13.16.039.1 Utility connection fee—North Township Street.

13.16.039.2 Utility connection fee—West Bennett, West Nelson, Batey, Robinson and Borseth Streets.

13.16.040 Outside city connections.

13.16.050 Separate building sewer required—Exceptions.

13.16.060 Use of old building sewer.

13.16.070 Construction standards.

13.16.080 Elevation of building sewer.

13.16.090 Disposal of polluted surface drainage.

13.16.100 Additional requirements.

13.16.110 Connection to system—Inspection and testing.

13.16.120 Excavations.

13.16.130 Construction within public rights-of-way and easements.

13.16.140 General facilities charge—Credit for disconnecting septic system.

13.16.150 Payment of utility general facilities charges and connection fees.

13.16.010 Connection to system—Permit—Required.

No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent or his designee. (Ord. 1266-96 § 4, 1996: Ord. 830 Art. 4 § 1, 1976)

13.16.020 Connection to system—Permit—Application.

Application for building sewer permits shall be made on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the sewer department supervisor. A permit, general facilities charge and connection fee shall be charged as determined by council ordinance, resolution and this title. (Ord. 1266-96 § 5, 1996: Ord. 830 Art. 4 § 2, 1976)

13.16.030 Costs borne by owners.

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 830 Art. 4 § 3, 1976)

13.16.035 General facilities charge—Separate fund.

In addition to any permit fees and other charges required by city ordinance or regulation, and not in lieu thereof, at the time of building permit issuance (or, if no building permit, then at time of connection or commencement of use), there shall be a general facilities charge for connection to the city sewer system, which shall be paid in the sum of the amount listed in the master fee schedule adopted by resolution of the city council per equivalent residential unit (ERU), to be determined as set forth in this section.

Exception: For complete building permit applications, at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed for resale, the applicant/owner may elect to record a covenant, in a form to be approved by the city attorney, against the property that requires payment of the impact fees and/or general facilities charges due and owed in accordance with this chapter and any other applicable sections of the Sedro-Woolley Municipal Code, by providing for full payment through escrow of the fees due and owed to be paid at the time of closing of sale of the lot or unit; but in no case shall the structure be occupied prior to the required payment. The awarding of credits shall not alter the applicability of this section.

A. “Equivalent residential unit (ERU)” is defined as a common measure for all types of users to put them on an equivalent basis with a single-family residential user. The ERU is determined by the anticipated water consumption from a connection. One ERU is equal to seven hundred fifty cubic feet of water consumption per month.

B. Single-Family Residential. Each single-family dwelling unit, including single-family (one unit), duplexes (two units), triplexes (three units), condominium unit, and each mobile or manufactured home (one unit), whether on an individual lot or in a mobile home park, is equal to one ERU per dwelling unit.

C. Accessory Dwelling Units. Each permitted accessory dwelling unit less than four hundred fifty square feet in size is equal to 0.30 ERU per unit. Each permitted accessory dwelling unit greater than or equal to four hundred fifty square feet in size is equal to 0.61 ERU per unit. Accessory dwelling units are exempted from special utility connection fees identified by geographic area in this chapter.

D. Multiple Residential. Each dwelling unit in a multiple residential structure consisting of four or more dwelling units is equal to one ERU per dwelling unit.

E. Nonresidential, Including Commercial and Industrial Users. The following provisions shall govern the assessment and collection of general facilities charges for nonresidential users, including commercial and industrial units:

1. For each nonresidential unit, there shall be a general facilities charge equal to the sum of:

a. For plumbing fixtures, the amount listed in the master fee schedule adopted by resolution of the city council per plumbing fixture unit as described in Table 1 set out at the end of this section, titled “Equivalent Fixture Units,” plus applicable state sales tax; and

b. For use other than plumbing fixtures, the amount listed in the master fee schedule adopted by resolution of the city council per two hundred thirty-four gallons of water consumption per month, as determined by the superintendent or his designee. In making this determination, the superintendent may rely upon industry standards, scientific and engineering data, sewage flow meter data, qualified professional opinions, and any other basis which is in his or her opinion appropriate. The superintendent may adjust this charge based upon evidence that the metered water usage does not accurately reflect the volume of discharge disposed of through the sewer system.

2. If the city enters into a written agreement with users allowing the discharge into the sanitary sewer system of materials set forth in Sections 13.30.080(A)(1) through (4), the superintendent shall determine the general facilities charge for the user, in order that such property owners shall bear their equitable share of the cost of such system. In making this determination, the superintendent may rely upon industry standards, scientific and engineering data, sewage flow meter data, qualified professional opinions, and any other basis which is in his or her opinion appropriate. The superintendent may consider the quality of effluent, that the metered water usage does not accurately reflect the capacity of the capital facilities, including treatment plant capacity, utilized by the connection, and all other relevant information. Nothing in this section shall require the city to accept wastes or waters described in Sections 13.30.080(A)(1) through (4) from any user.

3. An additional general facilities charge shall be assessed and due as provided in this subsection for an existing connection if, in the determination of the superintendent:

a. The number of plumbing fixture units is increased; or

b. The user applies for a permit for improvements which will result in an increase in the average monthly water usage for reason other than an increase in the number of plumbing fixture units; or

c. The user, by agreement with the city, changes the quality of the discharge or wastewater discharged into the sewer system so as to cause the discharge into the sewer system of materials set forth in Sections 13.30.080(A)(1) through (4); or

d. The user converts an existing connection to a different use which increases the demand on the treatment plant or sewer system capacity utilized to transport or treat said discharge.

In making the determination that an additional general facilities charge is due, the superintendent may rely upon industry standards, scientific and engineering data, sewage flow meter data, qualified professional opinions, and any other basis which is in his or her opinion appropriate.

F. In making a determination of the amount of the general facilities charge, an adjustment against the charge may be allowed by the superintendent for a level of previous use of sewer system capacity, as defined by the highest average twelve consecutive months of the preceding sixty months, or fixture units, or, if residential, ERUs, unless a general facilities charge or its equivalent was due for such use under this section which was not paid. Any adjustment shall be determined by the superintendent as set forth in this section, who may rely upon industry standards, scientific and engineering data, sewage flow meter data, qualified professional opinions, the billing for the previous sixty months, and any other basis which is in his or her opinion appropriate. No adjustment shall be allowed if the sewer bill has not been paid for the preceding sixty months, which shall constitute abandonment of the right to use the previous sewer capacity without paying the initial or additional general facilities charge. This adjustment shall apply only to the parcel or lot to which service was provided, and may not be assigned or transferred to other property.

G. All proceeds of the general facilities charge shall be placed in the sewer capital improvements fund for the following uses: construction of new sewer facilities, repair, replacement, and maintenance of existing sewer facilities, and debt service of the same.

TABLE 1

Equivalent Fixture Units
Kinds of Fixture	Units
Bathtubs	2
Bidets	2
Clothes washers, private	2
Clothes washers, commercial	6
Dental units or cuspidors	1
Drinking fountains	1
Floor drains	2
Interceptors for grease, oil, solids, etc.	3
Interceptors for sand, auto wash, etc.	6
Laundry tubs	2
Receptors (floor sinks), indirect waste receptors for refrigerators, coffee urns, water stations, etc.	1
Receptors, indirect waste receptors for commercial sinks, dishwashers, air-washers, etc.	3
Showers, single stalls	2
Showers, gang (per head)	1
Sinks and/or dishwashers (residential) (2" min. waste)	2
Sinks, bar, commercial	2
Sinks, bar, private	1
Sinks, commercial or industrial, schools, etc., including dishwashers, wash up sinks and wash fountains	3
Sinks, flushing rim, clinic	6
Sinks, service	3
Sinks, service (3" trap)	6
Urinals, pedestal, trap arm only	6
Urinals, stall, separate trap	2
Urinals, wall-mounted, blowout, integral trap 2" trap arm only	3
Urinals, wall-mounted, blowout, integral trap 3" trap arm only	6
Urinals, wall-mounted, washdown or siphon jet, integral trap, trap arm only	2
Urinals, wall-mounted, washdown, separate trap (2" min. waste)	2
Washbasins, in sets	2
Washbasins (lavatories) single	1
Water closet, private installation	4
Water closet, public installation	6

(Ord. 2013-22 § 39, 2022; Ord. 1997-21 § 5, 2021; Ord. 1965-20 § 5, 2020; Ord. 1959-20 § 2 (part), 2020; Ord. 1949-19 § 1, 2019: Ord. 1772-13 § 1, 2013: Ord. 1761-12 § 2, 2012; Ord. 1737-12 § 3, 2012; Ord. 1609-08 § 1, 2008: Ord. 1501-05 § 1, 2005: Ord. 1478-04 § 1, 2004: Ord. 1468-04 § 1, 2004: Ord. 1298-98 § 1, 1998: Ord. 1266-96 § 1, 1996: Ord. 1221-95 §§ 1, 2, 1995)

13.16.036 Agreement for credit against general facilities charge.

A. The city may, in its discretion, enter into an agreement to provide a nontransferable credit against the general facilities charge authorized by Section 13.16.035 with any property owner or developer who is required, as a condition of connection to the city sanitary sewer, to construct capital improvements included in the comprehensive wastewater plan for the city sanitary sewer (or successor plan), if such improvements have a value greater than fifty thousand dollars.

B. The credit shall be for benefit of the property, development or facility for which the capital improvement was required, in an amount and on terms and conditions to be determined by the city. The credit shall not exceed the lesser of:

1. The value of the capital improvements to the city, less the value of the improvements which directly benefit or are required to be constructed to serve the development or facility served thereby; or

2. One-half the general facilities charge for the benefited property.

C. The credit against the general facilities charge authorized by this section shall be utilized within the time provided in the agreement, or shall be deemed waived and expired, shall bear no interest, and shall be used only for the purpose stated in this section. The credit may not be used to benefit any property or project other than as specified in the agreement. The city shall have no obligation to compensate the owner or developer under the agreement for any credit not utilized against the general facilities charge.

D. This agreement authorized by this section shall be coordinated with any latecomers’ agreement provided for in Chapter 15.52, to prevent double recovery. The amount of the credit, if any, shall be determined by the superintendent. In making this determination, the superintendent may rely upon planning and engineering data, qualified professional opinions, and any other basis which is in his or her opinion appropriate. No agreement shall be binding unless in writing, approved by the city council, and executed by the mayor.

E. The city is not obligated by this section to enter into any agreement with an owner or developer, nor to allow the credit authorized by this section. (Ord. 1266-96 § 2, 1996)

13.16.037 Utility connection fee—North Reed Street.

A. Residential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A, set out at the end of this section, and any real property aggregated thereto which is served by the North Reed Street sanitary sewer main, and any subdivision thereof, shall pay a special connection fee in the sum of the amount listed in the master fee schedule adopted by resolution of the city council for each residential dwelling unit connected to the sanitary sewer.

B. Nonresidential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A, set out at the end of this section, and any real property aggregated thereto which is served by the North Reed Street sanitary sewer main, and any subdivision thereof, shall pay a special connection fee for each nonresidential structure or nonresidential use connected to the sanitary sewer in the sum of the amount listed in the master fee schedule adopted by resolution of the city council for each equivalent residential unit (“ERU”). Each nonresidential sewer connection or use shall be deemed equivalent to at least a minimum of one ERU. The number of ERUs shall be determined by the superintendent, whose determination shall be final.

C. Time of Payment. The special connection fee shall be due at the time of application for a building permit, if for a new structure, or at time of actual connection or connection permit application, if for an existing structure.

Exception: For complete building permit applications, at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed for resale, the applicant/owner may elect to record a covenant, in a form to be approved by the city attorney, against the property that requires payment of the impact fees due and owed in accordance with this chapter and any other applicable sections of the Sedro-Woolley Municipal Code, by providing for full payment through escrow of the fees due and owed to be paid at the time of closing of sale of the lot or unit; but in no case shall the structure be occupied prior to payment of impact fees. The awarding of credits shall not alter the applicability of this section.

D. Lien. If not paid when due, the special connection fee established by this section shall constitute a lien on the lot or parcel, and may be foreclosed in the manner provided by law.

E. Remedies. In the event that the owner or owners fail to pay the special connection fee established by this section, the city may, in addition to all other remedies provided by law or ordinance, seek a money judgment from the owner or owners, foreclose the lien as provided by law, terminate sewer service to the lot or parcel, or seek injunctive or equitable relief. The remedies herein provided are cumulative, and not exclusive.

F. Definitions. For purposes of this section, the following definitions shall apply:

“Equivalent residential unit (ERU)” means a common measure for all types of users to put them on an equivalent basis with a single-family residential user. One ERU is equal to seven hundred fifty cubic feet of water consumption per month.

“Owner” or “owners” means fee owner, purchaser subject to a deed of trust or mortgage, or purchaser under a real estate contract. One who is a tenant, renter, lessee or holder of an option or right to purchase shall not be considered an owner.

“Residential dwelling unit” means a single-family residence, an individual apartment unit in an apartment building, an individual dwelling unit in a duplex or multifamily residential structure, and a mobile home space or pad in a mobile home park.

EXHIBIT A

Lots 6, 7, 8, 9, 10, 11, 12, and 16, Block 1, “ROSEDALE GARDEN TRACTS OF SEDRO-WOOLLEY,” as per plat recorded in Volume 3 of Plats, page 52, records of Skagit County, Washington.

Lots 2, 3, 4, 5, 6, 7, and 8, Block 2, “ROSEDALE GARDEN TRACTS OF SEDRO-WOOLLEY,” as per plat recorded in Volume 3 of Plats, page 52, records of Skagit County, Washington.

Lots 1, 2, and 3 of Sedro-Woolley Short Plat 1-77, recorded February 24, 1977, in Vol. 2 of Short Plats page 35, under Auditor’s File No. 851511, records of Skagit County, being a portion of Lot 1, Block 2, “ROSEDALE GARDEN TRACTS OF SEDRO-WOOLLEY,” as per plat recorded in Volume 3 of Plats, page 52, records of Skagit County, Washington.

Lots 1, 2, and 3 of Short Plat SW 01-88, recorded March 1, 1988, in Vol. 8 of Short Plats, page 25, under Auditor’s File No. 8803010041, records of Skagit County, being a portion of Lots 13 and 14, Block 1, “ROSEDALE GARDEN TRACTS OF SEDRO-WOOLLEY,” as per plat recorded in Volume 3 of Plats, page 52, records of Skagit County, Washington.

All situated in Skagit County, Washington.

The above-described real property is shown on Exhibit B, attached to Ordinance 1240-95 and on file in the city clerk’s office, incorporated by reference for illustrative purposes. (Ord. 2013-22 § 40, 2022; Ord. 1761-12 § 3, 2012; Ord. 1240-95 §§ 1—6, 1995)

13.16.038 Utility connection fee—Cook Road—Trail Road.

A. Residential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described in Exhibit A and illustrated on the map attached as Exhibit B set out at the end of this section, and any real property aggregated thereto and any subdivision thereof, which is served by the Trail Road-Cook Road sanitary sewer pump station and main, shall pay a special connection fee in the sum of the amount listed in the master fee schedule adopted by resolution of the city council for each residential dwelling unit connected to the sanitary sewer.

B. Nonresidential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A and illustrated on the map attached as Exhibit B set out at the end of this section, and any real property aggregated thereto and any subdivision thereof, which is served by the Trail Road-Cook Road sanitary sewer pump station and main, shall pay a special connection fee for each nonresidential structure or nonresidential use connected to the sanitary sewer in the sum of the amount listed in the master fee schedule adopted by resolution of the city council for each equivalent residential unit (“ERU”). Each nonresidential sewer connection or use shall be deemed equivalent to at least a minimum of one ERU. The number of ERUs shall be determined by the superintendent, whose determination shall be final.

C. Time of Payment. The special connection fee shall be due at the time of application for a building permit, if for a new structure, or at the time of actual connection or connection permit application, if for an existing structure.

Exception: For complete building permit applications, at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed for resale, the applicant/owner may elect to record a covenant, in a form to be approved by the city attorney, against the property that requires payment of the impact fees due and owed in accordance with this chapter and any other applicable sections of this code, by providing for full payment through escrow of the fees due and owed to be paid at the time of closing of sale of the lot or unit; but in no case shall the structure be occupied prior to payment of impact fees. The awarding of credits shall not alter the applicability of this section.

D. Lien. If not paid when due, the special connection fee established by this section shall constitute a lien on the lot or parcel, and may be foreclosed in the manner provided by law.

F. Definitions. For purposes of this section, the following definitions shall apply:

EXHIBIT A

LEGAL DESCRIPTIONS

Those portions of the Northeast 1/4 of Section 23, Township 35 North, Range 4 East, W.M. and of the Southwest 1/4 of the Southeast 1/4 of Section 14, Township 35 North, Range 4 East, W.M. described as follows:

Begin at the Southeast corner of the Northeast 1/4 of said Section 23; thence North along the East line of said Northeast 1/4 to the Southwesterly line of the F & S Grade Road; thence Northwesterly along said Southwesterly line to the Northerlymost corner of those premises conveyed to Michael L. Larson, et ux, by deed recorded June 30, 1998 as Auditor’s File No. 9806300203; thence South 0 degrees 00’ 30" East along the West line of said Larson tract 676.78 feet, more or less, to the Southwest corner thereof; thence North 89 degrees 59’ 30" East 260.00 feet along the South line of said Larson tract to the East line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 23; thence South along said East line to the South line of said Northwest 1/4 of the Northeast 1/4; thence East along said South line to the Southeast corner of said Northwest 1/4 of the Northeast 1/4; thence South along the West line of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 23 to the Southwest corner of said subdivision; thence East along the South line of said subdivision to the Southeast corner thereof; thence South along the East line of the Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 23 to the Northeast corner of those premises conveyed to Raymond M. Nelson by deed recorded March 9, 1988 as Auditor’s File No. 8803090038; thence West along the North line of said Nelson property and its Westerly extension along the North line of those premises conveyed to Harry J. Jenks, et ux, by deed recorded March 30, 1973 as Auditor’s File No. 782749 to the Northwest 1/4 of said Jenks property; thence South along the West line of said Jenks property to the South line of the Northeast 1/4 of said Section 23; thence East along said South line to the Point of Beginning; EXCEPT therefrom the two following described parcels:

1) The road right-of-way commonly known as the Cook Road along the South line thereof,

2) That portion of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 23 described as follows:

Begin at the Southwest corner of said subdivision; thence East along the South line thereof 184 feet; thence North to the centerline of ditch referred to both as an “existent County drainage ditch” and as “a right-of-way of Drainage District No. 14”; thence Westerly along said centerline to the West line of said subdivision; thence South along said West line to the Point of Beginning.

Lots 1 through 26, inclusive, “MOUNTAIN VISTA ADDITION, SKAGIT COUNTY, WASH.” as per plat recorded in Volume 7 of Plats, Page 65, records of Skagit County, Washington.

The East 1/2 of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 23, Township 35 North, Range 4 East, W.M.; EXCEPT the North 660 feet thereof.

The West 1/2 of Lot 2 of “SEDRO ACREAGE” as per plat recorded in Volume 3 of Plats, Page 35, records of Skagit County, Washington,

EXCEPT the North 5 feet thereof conveyed to Skagit County for road purposes and ALSO EXCEPT those portions conveyed to the City of Sedro-Woolley for additional road rights-of-way by deeds recorded December 2, 1999 and January 4, 2000 as Auditor’s File Nos. 9912020053 and 200001040041, respectively.

EXHIBIT B MAP

Editor’s Note: Exhibit B map is on file with the city clerk.

(Ord. 2013-22 § 41, 2022; Ord. 1761-12 § 5, 2012; Ord. 1481-04 § 1, 2004)

13.16.039 Utility connection fee—Fruitdale Road.

A. Residential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A and illustrated on the map attached as Exhibit B set out at the end of this section, and any real property aggregated thereto and any subdivision thereof, which is served by the Fruitdale Road sanitary sewer pump station and main, shall pay a special connection fee in the sum of the amount listed in the master fee schedule adopted by resolution of the city council for each residential dwelling unit connected to the sanitary sewer.

B. Nonresidential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A and illustrated on the map attached as Exhibit B set out at the end of this section, and any real property aggregated thereto and any subdivision thereof, which is served by the Fruitdale Road sanitary sewer pump station and main, shall pay a special connection fee for each nonresidential structure or nonresidential use connected to the sanitary sewer in the sum of the amount listed in the master fee schedule adopted by resolution of the city council for each equivalent residential unit (“ERU”). Each nonresidential sewer connection or use shall be deemed equivalent to at least a minimum of one ERU. The number of ERUs shall be determined by the superintendent, whose determination shall be final.

Exception: For complete building permit applications, at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed for resale, the applicant/owner may elect to record a covenant, in a form to be approved by the city attorney, against the property that requires payment of the impact fees due and owed in accordance with this chapter and any other applicable sections of this code, by providing for full payment through escrow of the fees due and owed to be paid at the time of closing of sale of the lot or unit; but in no case shall the structure be occupied prior to payment of impact fees. The awarding of credits shall not alter the applicability of this section.

D. Lien. If not paid when due, the special connection fee established by this section shall constitute a lien on the lot or parcel, and may be foreclosed in the manner provided by law.

F. Definitions. For purposes of this section, the following definitions shall apply:

EXHIBIT A

LEGAL DESCRIPTIONS

AREA EAST OF FRUITDALE ROAD

Beginning at the northeast corner of the southeast quarter of Section 18, Township 35 North, Range 5 East, W.M.; thence S 02°23'16" E along the east line of said southeast quarter, a distance of 969.20 feet to its intersection with the northwesterly right of way line of State Route 20; thence S 53°40'19" W along said northwesterly right of way line, a distance of 1604.36 feet to its intersection with the east right of way line of Fruitdale Road; thence northerly along the east right of way line of Fruitdale Road through the following thirteen courses; N 02°14'31" W, a distance of 1381.36 feet; N 88°19'16" E, a distance of 10.00 feet; N 02°14'31" W, a distance of 100.00 feet; S 88°19'16" W, a distance of 10.00 feet; N 02°14'31" W, a distance of 90.00 feet; N 88°19'16" E, a distance of 10.00 feet; N 02°14'31" W, a distance of 40.00 feet; S 88°19'16" W, a distance of 10.00 feet; N 02°14'31" W, a distance of 70.00 feet; N 88°19'16" E, a distance of 10.00 feet; N 02°14'31" W, a distance of 100.00 feet; S 88°19'16" W, a distance of 10.00 feet; N 02°14'31" W, a distance of 100.00 feet to the north line of said southeast quarter; thence N 88°19'16" E along the north line of said southeast quarter, a distance of 1326.33 feet to the point of beginning of this description.

Containing 43.39 acres.

AREA WEST OF FRUITDALE ROAD

Beginning at the southwest corner of the southeast quarter of the northwest quarter of the southeast quarter of Section 18, Township 35 N., Range 5 E., W.M.; thence N 02°10'13" W along the west line of said subdivision, a distance of 664.45 feet to the northwest corner of the southeast quarter of the northwest quarter of the southeast quarter of said Section 18 said point being also the southwest corner of Lot 17 of the plat of Wedmore Addition filed in Volume 9 of Plats at page 115, records of Skagit County, Washington; thence N 88°06'39" E, a distance of 128.91 feet to the southeast corner of said Lot 17; thence N 08°13'01" W along the east line of said Lot 17, a distance of 92.91 feet to the southerly margin of the cul-de-sac at the south end of Calkin Place; thence easterly along the margin of said cul-de-sac on a curve to the left having a radius of 45.00 feet through a central angle of 38°56'14", and an arc distance of 30.58 feet; thence S 08°13'01" E along the west line of Lot 16 of said plat, a distance of 96.24 feet to the southwest corner of said Lot 16; thence N 88°06'39" E along the north line of the southeast quarter of the northwest quarter of the southeast quarter of said Section 18, a distance of 292.14 feet to the southeast corner of Lot 5 of said plat of Wedmore Addition; thence N 02°19'20" W, a distance of 86.00 feet to the northeast corner of Lot 5 of said plat of Wedmore Addition; thence N 88°06'39" E, a distance of 100.00 feet to the southwest corner of Lot 1 of Short Plat 90-58 filed in Volume 9 of Short Plats at page 72 records of Skagit County; thence N 02°19'20" W along the west line of Lots 1 and 2 of said Short Plat and along the west line of Lot 2 of Short Plat No. PL-01-0438 filed under AF#200211070077, a distance of 347.04 feet to the northwest corner of Lot 2 of said Short Plat No. PL-01-0438; thence S 89°02'10" W along the north line of lot 2 of said Short Plat No. PL-01-0438, a distance of 19.97 feet to the southeast corner of Lot 2 of said Wedmore Addition; thence N 02°19'07" W along the east line of Lots 2 and 1 of said plat of Wedmore’s Addition, a distance of 171.31 feet to the northeast corner of Lot 1 of said plat of Wedmore Addition; thence S 88°07'14" W, a distance of 11.00 feet; thence N 02°20'02" W, a distance of 5.00 feet; thence N 26°59'00" E, a distance of 37.28 feet; thence N 41°49'33" E, a distance of 8.50 feet; thence N 89°01'28" E, a distance of 100.47 feet to the west right of way line of Fruitdale Road; thence S 02°14'31" E along the west right of way line of Fruitdale Road, a distance of 1309.00 feet to the south line of the southeast quarter of the northwest quarter of the southeast quarter of said Section 18; thence S 87°54'19" W, a distance of 644.80 feet to the point of beginning of this description.

Containing 11.56 acres.

EXHIBIT B MAP

Editor’s Note: Exhibit B map is on file with the city clerk.

(Ord. 2013-22 § 42, 2022; Ord. 1761-12 § 4, 2012; Ord. 1671-10 § 1, 2010)

13.16.039.1 Utility connection fee—North Township Street.¹

A. Residential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A and illustrated on the map attached as Exhibit B attached to the ordinance codified in this section, and any real property aggregated thereto and any subdivision thereof, which is served by the North Township Street sanitary sewer main, shall pay a special connection fee in the sum of the amount listed in the master fee schedule adopted by resolution of the city council for each residential dwelling unit connected to the sanitary sewer.

B. Nonresidential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A and illustrated on the map attached as Exhibit B attached to the ordinance codified in this section, and any real property aggregated thereto and any subdivision thereof, which is served by the North Township Street sanitary sewer main, shall pay a special connection fee for each nonresidential structure or nonresidential use connected to the sanitary sewer in the sum of the amount listed in the master fee schedule adopted by resolution of the city council for each equivalent residential unit (“ERU”). Each nonresidential sewer connection or use shall be deemed equivalent to at least a minimum of one ERU. The number of ERUs shall be determined by the superintendent, whose determination shall be final.

D. Lien. If not paid when due, the special connection fee established by this section shall constitute a lien on the lot or parcel, and may be foreclosed in the manner provided by law.

F. Definitions. For purposes of this section, the following definitions shall apply:

13.16.039.2 Utility connection fee—West Bennett, West Nelson, Batey, Robinson and Borseth Streets.²

A. Residential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A and illustrated on the map attached as Exhibit B to the ordinance codified in this section, and any real property aggregated thereto and any subdivision thereof, which is served by the West Bennett, West Nelson, Batey, Robinson and Borseth Street sanitary sewer main, shall pay a special connection fee in the sum of the amount listed in the master fee schedule adopted by resolution of the city council for each residential dwelling unit connected to the sanitary sewer.

B. Nonresidential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A and illustrated on the map attached as Exhibit B to the ordinance codified in this section, and any real property aggregated thereto and any subdivision thereof, which is served by the West Bennett, West Nelson, Batey, Robinson and Borseth Street sanitary sewer main, shall pay a special connection fee for each nonresidential structure or nonresidential use connected to the sanitary sewer in the sum of the amount listed in the master fee schedule adopted by resolution of the city council for each equivalent residential unit (“ERU”). Each nonresidential sewer connection or use shall be deemed equivalent to at least a minimum of one ERU. The number of ERUs shall be determined by the superintendent, whose determination shall be final.

D. Lien. If not paid when due, the special connection fee established by this section shall constitute a lien on the lot or parcel, and may be foreclosed in the manner provided by law.

F. Definitions. For purposes of this section, the following definitions shall apply:

13.16.040 Outside city connections.

Connections by users outside the city or any city-sponsored ULID requiring an extension to the system shall acquire specific approval from the city council. Upon approval, the user shall install the system extension in accordance with city specifications and shall pay all applicable fees and connection charges. (Ord. 830 Art. 4 § 4, 1976)

13.16.050 Separate building sewer required—Exceptions.

A separate and independent building sewer shall be provided for every building or residence; provided:

A. Where one building or residence stands at the rear of another on an interior lot and no public sewer is available or can be constructed to the rear building or residence through an adjoining alley, courtyard, or driveway, the side sewer to the front building or residence may be extended to the rear building or residence with the superintendent’s approval.

B. Where two buildings or residences share a common property line, a common side sewer line located on the common property line may be shared with city approval.

C. Service to accessory buildings may be extended from the primary building sewer line on approval of the superintendent.

The city does not and will not assume any obligation or responsibility for maintenance or damage caused by or resulting from any such single connection mentioned in this section. (Ord. 830 Art. 4 § 5, 1976)

13.16.060 Use of old building sewer.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this title. (Ord. 830 Art. 4 § 6, 1976)

13.16.070 Construction standards.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. (Ord. 830 Art. 4 § 7, 1976)

13.16.080 Elevation of building sewer.

Wherever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 830 Art. 4 § 8, 1976)

13.16.090 Disposal of polluted surface drainage.

No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage. (Ord. 830 Art. 4 § 9, 1976)

13.16.100 Additional requirements.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. (Ord. 830 Art. 4 § 10, 1976)

13.16.110 Connection to system—Inspection and testing.

The applicant for the building sewer permit shall notify the superintendent or his representative when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the superintendent or his representative. (Ord. 1266-95 § 6, 1996: Ord. 830 Art. 4 § 11, 1976)

13.16.120 Excavations.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 830 Art. 4 § 12, 1976)

13.16.130 Construction within public rights-of-way and easements.

All construction related to sewer installation within public rights-of-way and easements shall be governed by the latest edition of the Washington State Chapter, American Public Works Association, Standard Specifications for Municipal Public Works Construction. (Ord. 830 Art. 4 § 13, 1976)

13.16.140 General facilities charge—Credit for disconnecting septic system.

A credit of the amount listed in the master fee schedule adopted by resolution of the city council shall be allowed by the public works director or designee to the owner of a single-family residential building who is disconnecting the residence from a private wastewater disposal system and connecting to the city sanitary sewer, against the charge assessed under Section 13.16.035, on the following terms and conditions:

A. The credit shall only be allowed if the applicant applies and pays for the permit within one hundred eighty days of the initial request to connect to the sanitary sewer pursuant to Section 13.08.040;

B. The work must be completed pursuant to a permit issued by the city building department, with a successful final inspection, and all permit fees paid less the credit;

C. The septic tank must be permanently decommissioned, in a manner consistent with applicable health and building codes;

D. Owners obtaining a variance under Section 13.08.050 are not eligible for the credit;

E. Not more than one credit is allowed for each lot, nor for each private wastewater disposal system, even if a system serves more than one lot, or a lot is served by more than one system;

F. For purposes of this section, a single-family residential building includes a mobile or manufactured home on an individual legal lot of record, but does not include a mobile home in a mobile home park, nor a duplex or multifamily residential structure. (Ord. 2013-22 § 45, 2022; Ord. 1711-11 § 3, 2011: Ord. 1512-05 § 1, 2005)

13.16.150 Payment of utility general facilities charges and connection fees.

A. Cash or Contract.

1. The general facilities charge and any special connection fees may be paid in cash or under installment contract within the discretion of the city. To be eligible for an installment contract, the property owner must connect an existing property, located within the city’s corporate limits, under the process identified in Section 13.08.040. New construction is not eligible for an installment contract. Interest charged under an installment contract is at the same rate as the effective annual interest of the most recent city of Sedro-Woolley local improvement district bond issue or sewer utility revenue bond issue, whichever is most recent, computed monthly on unpaid balances.

2. Such contract will be prepared by the city attorney, who is authorized to add provisions in addition to the following mandatory provisions:

a. For a down payment of ten percent of the total general facilities charge and special connection charge, if applicable, payable upon execution of the contract, and in addition to the credit available to certain property owners under Section 13.16.140;

b. For payment of the balance in no more than seventy-two monthly payments;

c. That any unpaid balance may be paid in full at any time and must be paid in full upon sale, transfer or redevelopment;

d. Such contract contains the legal description of the property served by the sewer, and is executed and acknowledged by the property owner and is recorded by the city with the county auditor, at the expense of the property owner.

3. The general facilities charge and special connection charge, if applicable, are paid in full or the installment contract is executed and recorded, as a condition precedent to the issuance of a permit for connection to the city sewer system.

B. Unpaid Charges.

1. Delinquent payments of general facilities charges and/or special collection charges under such installment contract or otherwise unpaid general facilities charges and/or special collection charges are a lien upon the described property as provided in RCW 35.67.220, enforceable in accordance with RCW 35.67.220 through 35.67.280.

2. Upon full payment of the charges due, the finance director on behalf of the city executes and delivers to the property owner a release of such lien. The property owner is responsible for recording the release at the property owner’s expense. (Ord. 1674-10 § 1, 2010)

Code revisor’s note: Exhibits A and B are attached to the ordinance codified in this section and available for review in the clerk’s office.

Code reviser’s note: Exhibits A and B are attached to the ordinance codified in this section and available for review in the clerk’s office.