Chapter 7.58
WASTEWATER CONNECTION CHARGE
Sections:
7.58.030 Connection to the wastewater system—Connection charge imposed.
7.58.035 Required sewer extension prior to connection.
7.58.040 Calculation of the wastewater connection charge.
7.58.080 Time of payments—Lien—Suspension of service.
7.58.085 Alternative, periodic payment method.
7.58.090 Recalculation of charges.
7.58.095 Reimbursable agreements.
7.58.100 Money to be credited to wastewater operating fund.
7.58.010 Purpose of chapter.
The purpose of this chapter is to allocate an equitable share of the cost of the existing wastewater system and a reasonable estimate of the actual cost of connection to persons who connect facilities to the wastewater system. (Ord. 2011-56 § 1, 2011: Ord. 2007-66 § 1, 2007: Ord. 2005-22 § 1, 2005: Ord. 2004-69 § 1, 2004: Ord. 97-38 § 3 (part), 1997).
7.58.020 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms in this chapter shall be as follows:
1. “Collection pipes” means those wastewater system pipes less than twelve inches in diameter used to collect wastewater from adjacent properties’ building sewers.
2. “Collection pipe system” means a series of collection pipes extending from a common connection point to a trunk/interceptor.
3. “Discharge authorization” shall have the same meaning as in Chapter 7.65.
4. “Discharger—industrial discharger or user” shall have the same meaning as in Chapter 7.65.
5. “Domestic discharger or user” shall have the same meaning as in Chapter 7.65.
6. “Domestic wastewater” shall have the same meaning as in Chapter 7.65.
7. “LID credit” means a credit of the entire wastewater connection charge for one residential connection equal to the assessed charge for a three-quarter-inch meter per parcel for participating in an LID. Other new connectors (pre-existing multiple-residential or pre-existing industrial/commercial, or other single-residential) pay the difference for authorized discharges greater than the previous residential connection.
8. “Lot” shall have the same meaning as in Chapter 15.02.
9. “Lot area” shall have the same meaning as in Chapter 15.02.
10. “Low- or moderate-income facility owner” means a person who owns a single-family residential facility and whose annual income is at or below eighty percent of the median income of the Yakima metropolitan statistical area. Where more than one person has an ownership interest in a residential facility, the term refers to those persons whose combined annual income is at or below eighty percent of the median income of the Yakima metropolitan statistical area. The median income of the Yakima metropolitan statistical area shall be determined by reference to data published by the United States Department of Housing and Urban Development.
11. “Parcel” shall have the same meaning as “lot.”
12. “Parcel area” shall have the same meaning as “lot area.”
13. “Sewer” shall have the same meaning as in Chapter 7.65.
14. “SDU,” “single dwelling unit,” “SFD” or “single-family dwelling” shall all have the same meaning as “dwelling, single-family” or “single-family dwelling” in Chapter 15.02.
15. “Trunks/interceptors” means those wastewater system pipes twelve inches or greater in diameter, and related conduits, used to receive wastewater from collection pipes and transport it to the wastewater treatment plant.
16. “Wastewater” shall have the same meaning as in Chapter 7.65. For purposes of this chapter, “wastewater” does not include “food processing wastewater” defined in Chapter 7.12.
17. “Wastewater system” shall have the same meaning as “POTW” or “publicly owned treatment works” in Chapter 7.65 and includes all sewers, pipes, and wastewater treatment plants. For purposes of this chapter, “wastewater system” does not include “food processing wastewater system” defined in Chapter 7.12.
18. “Wastewater treatment plant” shall have the same meaning as in Chapter 7.65. For purposes of this chapter, “wastewater treatment plant” does not include “food processing wastewater treatment plant” defined in Chapter 7.12.
19. “Water meter size” shall be determined by reference to the criteria in the Uniform Plumbing Code or Uniform Building Code as the city may adopt from time to time; provided, that any facility not served by the city water division shall determine “water meter size” by the criteria established in AWWA Manual M 22 Sizing Water Service Lines and Meters.
20. “Inside city” means the area within the city limits of the city of Yakima at the time the connection charge established by this chapter is paid.
21. “Outside city” means the area outside the limits of the city of Yakima but within the Yakima urban growth area boundary at the time the connection charge established by this chapter is paid, established by the 1997 Yakima urban area comprehensive plan, as that boundary may be revised from time to time. (Ord. 2011-56 § 2, 2011: Ord. 2007-66 § 2, 2007: Ord. 2005-22 § 2, 2005: Ord. 2004-69 § 2, 2004: Ord. 99-17 § 1, 1999: Ord. 97-38 § 3 (part), 1997).
7.58.030 Connection to the wastewater system—Connection charge imposed.
A. A connection charge is imposed on the owner of any facility to be connected to the wastewater system when the owner of the facility to be so connected has not paid a wastewater connection charge for connecting such facility to the wastewater system, subject to the provisions below. Payment of the connection charge does not convey any ownership interest in the wastewater system. Payment of the connection charge authorizes connection only to the designated lot and is not transferable to any other lot.
B. The wastewater connection charge for any facility located on a lot that has participated in a local improvement district (LID) for wastewater facilities and has fully executed an outside utility agreement, if applicable, shall not exceed that in effect at the time the preliminary assessment roll was passed, provided the wastewater connection charge is fully paid within one year of time the final assessment roll was passed; provided, however:
C. If a property owner participated within an LID and remains current or has previously paid in full the amount owed to the city, at the time of connection, the property owner receives credit for a single-family dwelling equal to the assessed charge for a three-quarter-inch meter. If at any time the property owner proposes a connection of multiple dwellings, multifamily, and/or commercial/industrial facilities on the parcel which participated in an LID, the cost of the connection charge shall be based on the amount determined by YMC 7.58.040 at the time of connection, minus the credit determined for a single-family dwelling.
D. All parcels that participate in a local improvement district (LID) for wastewater facilities initiated after the effective date of the ordinance codified in this section must, within one year from the recording of the final assessment roll of such LID, either (1) connect a facility on the parcel to the wastewater system for purposes of regular wastewater service; or (2) have a “placeholder” wastewater account established for the parcel. Customers with a “placeholder” account shall be billed at a flat rate set forth in the city of Yakima master fee schedule adopted by city council via resolution. In the event that an owner fails to make timely payments on a placeholder account, the parcel shall become permanently ineligible for an LID credit for that parcel.
E. The wastewater connection charge for any facility located on a lot within the boundaries of a local improvement district for wastewater facilities that does not participate in said local improvement district shall be the greater of the wastewater connection charge established by the applicable provision of the municipal code or the final assessment of the LID plus interest. (Ord. 2022-040 § 37, 2022; Ord. 2011-56 § 3, 2011: Ord. 2007-66 § 3, 2007: Ord. 2007-16 § 1, 2007: Ord. 2005-22 § 3, 2005: Ord. 2004-69 § 3, 2004: Ord. 98-42 § 1 (part), 1998: Ord. 97-38 § 3 (part), 1997).
7.58.035 Required sewer extension prior to connection.
Prior to the connection of any property to the city sanitary sewer system, the sanitary sewer system main lines must be extended to the subject property’s furthest property line by way of public right-of way or recorded utility easement in accordance with YMC Title 12 to provide future extensions. The sanitary sewer extension is subject to the following:
1. Using the city’s sanitary sewer comprehensive plan and sound engineering judgment, the city engineer shall determine the length and number of sanitary sewer connections required of the subject property to satisfy YMC Title 12 when applying for connection.
2. The sanitary sewer must traverse along or through the subject property within a right-of-way or recorded utility easement unless the city engineer has determined that such an extension is not necessary because the subject property is the last property to be served or that an extension would not serve other property.
3. The city engineer may determine that a property proposed for connection be required to extend more than one sanitary sewer line along or through the subject property.
4. If the property proposed for connection has a sanitary sewer main fronting the property and the sewer main extends to the furthest property line, and no other sanitary sewer extensions are required, then the applicant may connect with a side sewer under the conditions of this title in accordance with city standards and specifications. (Ord. 2011-56 § 4, 2011).
7.58.040 Calculation of the wastewater connection charge.
A. The wastewater connection charge for “inside city” and “outside city” shall be calculated based on information and rates existing at the time when payment will be made pursuant to YMC 7.58.080 or when a local improvement district final assessment is authorized by the city council. The connection charge for “inside city” and “outside city” shall be based on rates set forth in the city of Yakima master fee schedule adopted by city council via resolution.
B. Multifamily Dwellings: connection charge based on the number of units multiplied by a “per dwelling unit.” The per dwelling unit represents seventy-five percent of the three-quarter-inch meter charge:
Inside city per dwelling unit = current rate x 0.75.
Outside city per dwelling unit = current rate x 0.75.
C. High Impact Facilities. Facilities with one-and-one-half-inch meter(s) or larger and/or may discharge “strong waste” to the WWTP; may, at the city’s discretion, be applied a demand component for flow/BOD/TSS in lieu of meter size schedule to calculate the wastewater connection charge due to potential loading to the WWTP. Demand component rates will be set forth in the city of Yakima master fee schedule adopted by city council via resolution.
1. City services charge in the amount set forth in the city of Yakima master fee schedule adopted by city council via resolution will be assessed on the sum of the connection charge;
2. Administration charge per lot, in the amount set forth in the city of Yakima master fee schedule adopted by city council via resolution, in addition to any required inspection, permit, or plan review fees; and
3. Wastewater tax, and any other applicable tax, assessed on the sum of the connection charge (pursuant to Chapter 7.64).
D. Charges to Be Published. The city code administration and planning manager shall maintain a schedule of current charges and shall post such schedule conspicuously, and shall make copies available to interested persons.
E. Initial Charges. Commencing on the effective date of the ordinance codified in this chapter and until amended pursuant to subsection F of this section, wastewater connection charges shall be based upon charges set by this chapter.
F. Amendment of Charges. The charges set forth in this chapter may be amended by ordinance of the city council. Such amendments shall become effective no earlier than thirty days after publication.
G. Connection Charge for Properties Not Within the Identified “Inside City” or “Outside City.” Any person wishing to connect facilities located on property outside the identified “inside city” or “outside city” shall contact the wastewater manager. Such properties may be connected only upon the written approval of the city manager, and only upon payment of a connection fee established in an amount sufficient to allocate to the applicant an equitable share of the cost of the existing wastewater system and a reasonable estimate of the actual cost of connection. (Ord. 2022-040 § 38, 2022; Ord. 2011-56 § 5, 2011: Ord. 2007-66 § 4, 2007: Ord. 2005-22 § 4, 2005: Ord. 2004-69 § 4, 2004: Ord. 97-38 § 3 (part), 1997).
7.58.080 Time of payments—Lien—Suspension of service.
A. For domestic dischargers, wastewater connection charges shall be paid in full at or before the time a side sewer permit is obtained.
B. For nondomestic dischargers, wastewater connection charges, based upon their initial discharge authorization, shall be paid in full at or before the time a side sewer permit is obtained. Any fees due from recalculation of charges (YMC 7.58.090) shall be paid within thirty days of receiving notice. Unpaid charges shall constitute a lien against the connected property. Such lien shall be prior to all liens and encumbrances filed subsequent to its filing with the county auditor, except the lien of general taxes and local improvement assessments whether levied prior or subsequent thereto. (Ord. 2011-56 § 10, 2011: Ord. 2007-66 § 9, 2007: Ord. 2005-22 § 9, 2005: Ord. 2004-69 § 9, 2004: Ord. 97-38 § 3 (part), 1997).
7.58.085 Alternative, periodic payment method.
A. At any time prior to connection of a facility to the wastewater system, the owner of that facility may apply to the code administration and planning division for periodic payment of the applicable connection charge; provided, that: (1) the facility owner is a low- or moderate-income facility owner; (2) the facility is the facility owner’s primary and legal residence; (3) a certificate of occupancy has been issued for the facility and that certificate remains valid; (4) the facility is connected to a private septic system or some system of sewerage other than the wastewater system; and (5) the connection charge applicable to the facility is equal to or greater than one thousand dollars. This periodic payment method shall be an alternative to payment of the full connection charge prior to connection pursuant to YMC 7.58.080(A).
B. To apply for the periodic payment method provided by this section, the facility owner must execute a request form to be provided by the code administration and planning division. The request form shall be in the form of a contract between the facility owner and the city, and the general form of the request form shall be approved by the city attorney and city manager.
C. At the time of delivery to the facility owner, the request form shall state the amount of the applicable connection charge and the number and amount of quarterly payments. The code administration and planning division shall determine the amount of the connection charge by reference to YMC 7.58.040 through 7.58.090. The code administration and planning division shall also calculate a substantially equal, quarterly payment amount sufficient to pay the entire principal amount of the connection charge, together with interest thereon at an annual interest rate equal to the prime rate as quoted in the Wall Street Journal on the last business day of the month preceding preparation and delivery of the request form to the facility owner, within three years of the date of connection if the applicable connection charge is less than or equal to five thousand dollars, or within five years of the date of connection if the applicable connection charge is more than five thousand dollars. The first quarterly payment shall be due three months after the date of connection.
D. The facility owner shall provide the remaining information required by the request form and execute the request form.
E. The city shall not accept or execute the original or any updated request form unless: (1) the facility owner qualifies as a low- or moderate-income facility owner; (2) the form is first executed by the facility owner; (3) the applicable connection charge has not changed from that stated on the request form; (4) the prime rate as quoted in the Wall Street Journal on the last business day of the month preceding presentation of the executed request form by the facility owner has not changed; and (5) the facility owner has paid an administrative fee as set forth in the city of Yakima master fee schedule adopted by city council via resolution fee for processing the request form and administering the installment payment program.
F. If either the applicable connection charge or the prime rate as quoted in the Wall Street Journal on the last business day of the month preceding presentation of the executed request form by the facility owner has changed, the city code administration and planning manager shall revise the terms and quarterly payment amount to reflect such changes, and shall return an updated request form to the facility owner, who may execute the updated request form and return it to the city code administration and planning manager for acceptance and execution by the city.
G. Once the city has executed the request form, the connection charge, interest rate, and periodic payments applicable to the subject property shall not be changed from that amount stated in the request form for a period of ninety days from the date of final execution by the city. In the event that the facility owner fails to complete the connection within ninety days from the date of final execution by the city, the facility owner must request, complete, and submit a new request form, which shall be subject to the requirements of this section.
H. Nothing in this section shall be construed to limit the city’s authority to collect any delinquent connection charge payment or payments, including the city’s authority to impose a lien or shut off water service as provided in Chapter 35.67 RCW. For purposes of a lien imposed pursuant to Chapter 35.67 RCW, any delinquency of four quarterly payments shall constitute a delinquency of one year’s charges subject to a sewerage lien and that lien shall be effective without the necessity of any writing or recording of the lien. (Ord. 2022-040 § 39, 2022; Ord. 2011-56 § 11, 2011: Ord. 2007-66 § 10, 2007: Ord. 2005-22 § 10, 2005: Ord. 2004-69 § 10, 2004: Ord. 2000-12 § 1, 2000: Ord. 99-17 § 2, 1999).
7.58.090 Recalculation of charges.
A. Improvement, Change in Use. In the event any domestic or nondomestic facility, lot, tract or parcel is improved, or the use thereof or discharge therefrom is changed or intensified, then the amount of the connection charge may be subject to recalculation and increase according to YMC 7.58.040. Credit shall be allowed for the previously established flow; provided, that in no case shall the credit exceed the cost of the charge. Any such increase shall be paid in the time and manner specified by YMC 7.58.080. A parcel for which the capital cost recovery charge (CCRC) has been paid or that has participated in an LID but has not yet connected to the wastewater system shall be credited with the current value of a single dwelling unit (SDU) connection. (Ord. 2011-56 § 12, 2011: Ord. 2007-66 § 11, 2007: Ord. 2007-16 § 2, 2007: Ord. 2005-22 § 11, 2005: Ord. 2004-69 § 11, 2004: Ord. 98-42 § 1 (part), 1999: Ord. 97-38 § 3 (part), 1997).
7.58.095 Reimbursable agreements.
Wastewater reimbursable agreements may be available to an owner of newly connecting wastewater facilities when such owner, as determined by the city engineer, builds collection and/or trunks/interceptors infrastructure that both conforms to the wastewater comprehensive plan and also provides collection and/or trunks/interceptor facilities that are in excess of the facilities required to serve the owner’s facilities. Reimbursable agreements shall provide for payment to the owner of a fair pro rata share of the cost of facilities that are in excess of the facilities needed to serve the owner’s facilities. Any such payment will be derived from connection fees paid by any owner of real estate who did not contribute to the initial owner’s original cost of such wastewater facilities but who subsequently taps into or uses such facilities. The terms and conditions of any proposed reimbursable agreement must be established prior to the construction of a project and are subject to review and approval by the city council. The duration of a reimbursable agreement shall not exceed fifteen years. (Ord. 2011-56 § 13, 2011: Ord. 2007-66 § 12, 2007: Ord. 2005-22 § 12, 2005: Ord. 2004-69 § 12, 2004).
7.58.100 Money to be credited to wastewater operating fund.
All moneys collected pursuant to this chapter shall be paid into and credited to the wastewater operating fund as provided in Chapter 3.101. (Ord. 2011-56 § 14, 2011: Ord. 2007-66 § 13, 2007: Ord. 2005-22 § 13, 2005: Ord. 2004-69 § 13, 2004: Ord. 97-38 § 3 (part), 1997).