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HomeMy WebLinkAbout11/15/2011 19 Wastewater Connection Charge; YMC Revision to Chapter 7.58 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 1 6 For Meeting of: November 15, 2011 ITEM TITLE: Request for Council action in the revision of Chapter 7.58 Wastewater Connection Charge of Yakima Municipal Code. SUBMITTED BY: Don Cooper; City Manager Michael Morales, Assistant City Manager Scott Schafer, Wastewater Division Manager CONTACT PERSON /TELEPHONE: Scott Schafer, Wastewater Division Manager 249 -6815 SUMMARY EXPLANATION: The City is authorized by Title 35 RCW to acquire, construct, own, operate, and provide financing for waterworks and systems of sewerage, and to establish rates, fees, and charges. As such, the City calculates and collects wastewater connection charges (WCCs) for new construction projects which are allocated to the new customers in accordance with §7.58 of the YMC. WCCs are required to properly finance the operation, growth and replacement of both the infrastructure of the collection system and the wastewater treatment plant. Council has had a long standing policy that existing ratepayers pay for capital improvements driven by regulations, renewal, and safety while minimizing its subsidy for growth. The current methodology for determining the WCC is overly complex, burdensome, and extremely difficult for prospective developers to understand and for staff to implement. The • City's wastewater system serves as an engine to our local economy. Unfortunately these difficulties can serve to limit the interest of developers to our community. A clear, concise methodology is needed for the Wastewater Division that should be easily administered, transparent and predictable. The Wastewater Division contracted FCS Group to analyze this specific issue as part of the City's Rate Study. FCS Group quickly identified and agreed that the City's current process for calculating wastewater connection charges is too complicated as compared to other municipalities. Their professional recommendation is to assess wastewater connection charges based on water meter size or treatment demand and to utilize "Inside City" and "Outside City" zones. (continued on next page) Resolution Ordinances XX Other (Specify) Contract Mail to (name and address): Phone Funding Source: Wastewater Fu 473 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to enact the revised Chapter 7.58 Wastewater Connection Charge as enclosed. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: (continued from first page) • In addition,;Wastewater staff included the requirement to "extend" the public sanitary sewer as a condition of connection to the wastewater system and simplified the local improvement district (LID) participation. This would eliminate the four zones currently used in the calculation process, including parcel size, building size, treatment, truckage, and collection for both "historic" and "actual" costs, as well as the ability to "waive" portions of the connection charge based on if the public main was extended or not, and the complicated tracking of LID "waivers" based on when they were established. Simplifying the process will not compromise the financial needs of the sanitary collection system or the wastewater treatment plant. Many other municipalities utilizing a simple process such as this have experienced much success. This would allow multiple benefits for both the City and prospective developers. • i 411 Agenda Statement) WCC Revision ORDINANCE NO. 2011 - AN ORDINANCE of the City of Yakima relating to wastewater rates, fess, and charges; adjusting various wastewater rates, fees and charges; amending Sections 7.58.010, 7.58.020, 7.58.030, 7.58.040, and 7.58.090 of the Yakima Municipal Code; adding Section 7.58.035; • deleting Sections 7.58.050, 7.58.060, 7.58.070, 7.85.075 and providing related matters. WHEREAS, the City of Yakima (City) is authorized by Title 35 RCW to acquire, construct, own operate, and provide financing for waterworks and systems of sewerage, and to establish rates, fees, and charges therefore; and WHEREAS, the City Council determines that it is in the best interests of the citizens of the City that ordinances related to such systems of sewerage, wastewater rates, fees, charges, and related matters be amended as set forth in this Ordinance; and WHEREAS, the City Council determines that the rates, fees, and charges contained in this Ordinance are fair, just and reasonable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.58.010 of the Municipal Code reads as follows: • 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 ( "historic cost "), and a reasonable estimate of the actual cost of connection (including costs associated with expanding the wastewater system)- ('actual cost'), to persons who connect facilities to the wastewater system. (Ord. 2007 -66 § 1, 2007: Ord. 2005 -22 § 1, 2005: Ord. 2004 -69 § 1, 2004: Ord. 97 -38 § 3 (part), 1997). Section 2. Section 7.58.020 of the Municipal Code reads as follows: 7.58.020 Definitions. Unless the context specifically indicates otherwise, the meaning of terms in this chapter shall be as follows: 1. "Collection pipes" mean 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 waivercredit" means a waiver credit of the entire wastewater connection • charge for the first one residential connection equal to the assessed charge for a 3 / -inch meter (SDU or equivalent flow) per parcel for participating in an LID. pre-existing recidenccs in a -Other new connectors (pre- existing multiple - residential or pre- existing industrial /commercial, or other single- residential) pay the difference treatment, trunkage, and collection for authorized discharges greater than the previous residential connection. an -S-DU. -e . - . - - - - _ _ • - • - . -e•- _ • - - - 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" mean 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. Zone 1. • 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. 2321. "Zonc 3" "Outside City" means the area outside Zonc 1 and Zonc 2 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. 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). Section 3. Section 7.58.030 of the Municipal Code reads as follows: 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 except as provided in YMC 7.58.090(D). 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 110 charge is fully paid within one year of time the final assessment roll was passed; provided however, e- - - - - - - - - - - - - - - ! - - - - . If a property owner participated within a 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 3 / -inch meter. If at any time, the property owner proposes a connection of multiple dwellings, multi - family, and /or commerical /industrial facilities on the parcel which participated in a LID, the cost of the connection charge shall be based on the amount determined by Section 7.58.040 at the time of connection, minus the credit determined for a single- family dwelling. D. - - - - - _ - - . - - - - _ - • _' . - , aAll 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 of ten dollars per month (twenty dollars bimonthly). In the event that an owner fails to make timely payments on a placeholder account, the parcel shall become permanently ineligible for a LID waiver credit for that parcel. co llection elemon4 E. The "- - _ - _ _ " -e - _ _ - - •- - - _ • - 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. 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). Section 4. Section 7.58.035 of the Municipal Code reads as follows: 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. Section 5. Section 7.58.040 of the Municipal Code reads as follows: 7.58.40 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 within ones ° Q and 3 for "Inside City" and "Outside City" shall be equal to the cum of the following elcmcntcbased on the following schedule: Water Meter Size Inside City Outside City (inch) per ERU per ERU 0.75 $ 2,377 $ 3,565 1 - $ 3,969 $ 5,954 1.5 $ 7,915 $ 11,873 2 $ 12,669 $ 19,004 3 $ 25,362 $ 38,043 4 $ 39,624 $ 59,435 6 $ 79,223 $ 118,835 • 8 - $ 126,762 $ 190,143 10 $ 182,240 $ 273,359 B. Multi- family Dwellings- connection charge based on the number of units multiplied by a "Per Dwelling Unit ". The Per Dwelling Unit represents 75% of the % -inch meter charge Inside City Per Dwelling Unit = $1,783.00 Outside City Per Dwelling Unit = $2,674.00 C. High Impact Facilities - Facilities with 1.5 inch meter(s) or larger and /or may discharge "strong waste" to the VVWTP; 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 VVVVTP. Inside City Outside City Demand Charge per Charge per Component ERU ERU Flow (qpd) $ 4.67 $ 7.01 BOD (Ibs /day) $ 375.68 $ 563.52 TSS (Ibs /day) $ 509.19 $ 763.78 1. B .,e treatment plant charge (calculated pursuant to YMC 7.58.050); • . _ - - - - - -- - - - - -- -- -- - -- -- -- - YMC 7.58.060); • 3. Bacc collection pipes charge 7.58.070); • 41. City services charge in the amount of six percent assessed on the sum of the first thrcc elcmentb connection charge; 62. . Administration charge in the amount of fifty dollars per lot, in addition to any required inspection, permit, or plan review fees; and 63. Wastewater tax, and any other applicable tax, assessed on the sum of the first three elements connection charge (pursuant to Chapter 7.64). BD. Charges to Be Published. The city code administration and planning manager shall maintain a schedule of current charges within Zones 1A, 1B, 2, and 3 shall post such schedule conspicuously, and shall make copies available to interested persons. GE. Initial Base Charges. Commencing on the effective date of the ordinance codified in this chapter and until amended pursuant to subsection D of this section, wastewater connection charges shall be based upon charges set by this chapter. F. Amendment of Base Charges. The base 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 Zones 1A, 1 B, 2, or 3the identified "Inside City" or "Outside City." Any person wishing to connect facilities located on property outside Zones 1A, 1 B, 2, or 3 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. 2007 -66 § 4, 2007: Ord. 2005 -22 § 4, 2005: Ord. 2004 -69 § 4, 2004: Ord. 97 -38 § 3 (part), 1997). 411 Section 6. ._ _ ! _ _ - -_ - -- _ _ _ _ _ B. For accounts discharging "domestic wastewater," the amount of this charge is a M. Alb Zone 1A Zone 1B Zonc 2 Zonc 3 From Jan. 11, 2008, Historic $1 93-02 $493 -02 $1 $487.89 to Dec. 31, 2008 Actual $533 -6 $ $53.3.1.8 $.533-48 Total $726.28 $726,20 $726.20 $1,021.07 From Jan. 1, 2009, Historic $258-14 $258,14 $258.11- $98-64 I 41 41 41 4 . 4 0 4 4.: 41 I • 41 I 4 0 i i 41 4 . 4 4 n 1. 1 • 1 , 4 I If i I . - • . I . •II H I • – I , al • 4 1 4 11 , 41 , . 4 41 1111 . . 11 • 4 . , 1111 41 i i I 4 1 . ( I 0 4 4 . 1 1 i n H . 1. , , • I 4 I • • 41 . 41 I 4 — 4 (1 .44 0 '. 4 I I I 41 4 4 . . 4 1 41 I 4) H 1 0 0 1 0 .4 . 1 • i I i 1 41 4 I . 1 • 0 I i i I I I 1 I . 1 41 . 4 4 4 • 1 4 I ' -: 1 _ • . . 1 I 4 1 0 44. 4 1 4% : • . " • I 4 4 41 H . . .. . , i i i ,: i /. i I • 41 .. . i H . 0 1 _ 41 41 , 41 44 0 . • 4 ( I - I . I i 41 11 4.4 41 ° 0 4 1 1 . , 1 . . , . •., 11-1 I • . II 0 1 41 ( ( 4 ) . . i I • 0 0 41 • 1 ali • 1 4 i 41 I .: • . . . • 31 • 0 41 :- : • 4 0 1 • • 41 4 . . . 44 44 41 i 41 I 4 4 41 • 1 4 I — 4/ il I I 4 1 • i ' 4 41 • I I 41 ° 0 : 4 . ID I 1 I NO ' : • 41 t .. • ••.' I 41 . 4 • 4 41 4 ' 41 •■ — — 4 41 • • MI . 4 . I 1 0 1 - 1 4 - • . I . 4 • I 4 4 ■ 4 41 • • - 0 i r . 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Ac41.44. $272.710 $272 45 $22.740 $272.740 Total $110.015 $410.015 $440 -045 $617.910 F- ?m Loen- 4- 2-009„ Historic $489.830 $189.830 $489:-830 $449,498 t -E : 3 , 2'00 A�.4t al $2864-89 $28.489 $286,1-89 1286.180 Total $176.110 $476.140 $476.110 $726,580 11; s $195.525 $495.525 $195.525 $453-612 2040 • Astual $294265 $291.765 $294-765 $294.765 l $490.290 $440490 $490,2-90 $718.377 p r - G 1 4 - 0 - 0 - 7 - 6 3 X 7 - 6 = - _e ,: • !-E - a e.. !!, !!•• e e. ez • 11 41 . f 41 • 41 , ' I 0 41 41 4 4/ . 41 4 4 • 0 4 • 41 I • a , 0 4 a 41 . • : ' 41 • 0 I 41 • 1 • • " 0 4/ • • 41 0 4 • •• 4, • . 4 I 1 • • I i 1 I 1 I i 1 1 1 I i I !,. 1 1 1.. 1 1 4 41 I I • - , . 1 . t . • 4 II • • . 41 • 1 • • . 0 • 4 . • • • 41 4 4 4 : • . 4 • •1 41 I , • 41 41 41 • 41 4 I a, / 011 , 4 4 • . ID • • 04 0 : 4 I • 1 4 ( V 41 • 0 1 111 1 . 0 • 41 4 1 , :: • 6 1 H s .. .... • , I 41 ... . • I . • . a . ' • 0 1 • . • 1 1 . • . 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II . . • . 41 a) k •i_T ri .4 III i. . - _ Effectivc Jan. 1, Historic $nom $0-042 $0-020 $0 -004. • 2010 Actual $0-383 $0-383 $0-383 $0-383 Total . $0-440 $9-425 $0:403 $048 -7 Zone 1A Zone 1B Zonc 2 Zone 3 From Jan. 11, 2008, Historic $0-976 $1.08 -7 $0-493 $0.081 - to Doc. 31, 2008 Actual $44.843 $41 .843 $1 -1.81 3 $1 -1.843 Total $42.789 $42 -989 $1 -2-306 $44494 From Jan. 1, 2009, Historic $0.824 $4444 $0-609 $0-422 to Dec. 31, 2009 Actual $42-649 $42-640 $42-640 $426640 Total $13.464 $43.684 $43,249 $12.762 Effectivc Jan. 1, Historic $0-846 $4:075 $9-627 $0-426 2010 Actual $13.04 -9 $43.049 $43 -91-9 $13-019 Total $43 -865 $4441-94 $13.646 $13 {Ord. 2007 66 § 7, 2007: Ord. 2005 22 § 7, 2005: Ord. 2004 69 § 7, 2004: Ord. 98 12_§ Section 9. • -- - - -- -- - - - -- - _ = and 7.58.070. • 8. For facilities other than single dwelling units (i.c., multi unit residential, industrial YMC 7.58.060 and 7.58.070 shall be the greater of fifty thousand square fcct or one hundred ten percent of the footprint of the connectcd buildings. (Ord. 2007 66 § 8, 2007: e. le- - _ •!! 114 _. _ et.: a e. •_ • e.- .._ § 3 (part), 1997). Section 10. 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. 2007 -66 § 9, 2007: Ord. 2005- 22 § 9, 2005: Ord. 2004 -69 § 9, 2004: Ord. 97 -38 § 3 (part), 1997). • Section 11. Section 7.58.085 of the Municipal Code reads as follows: 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 a one - hundred - dollar administrative 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 411 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. 2007 -66 § 10, 2007: Ord. 2005 -22 § 10, 2005: Ord. 2004 -69 § 10, 2004: Ord. 2000 -12 § 1, 2000: Ord. 99 -17 § 2, 1999). Section 12. Section 7.58.090 of the Municipal Code reads as follows: 7.58.090. Recalculation of charges. A. Improvement, Change in Use. In the event any domestic or non - domestic 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 is may be subject to recalculation and increase according to YMC 7.58.040. through 7.58.075. 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. B. Additional Subdivision of Lots. At ouch timc that any existing lot connected to the wastewater system io subdivided, a wastewater connection charge shall be as cesccd manner Spccificd in YMC 7.58.080. C. Altered Discharge. In thc event discharge from any nondomestic facility, lot, tract 7.58.0'10 through 7.58.075. - - _ _ _ - _ e .-e _ - - _ _ - • _ — _ _ • -e _ recalculated charge. Any such increase shall be paid in the time and manner specified • by WAG . - = . • = ' _ . ' - -e -- -- -- -- -- •-e e -- - - - _ _ the water service or supply to the premises under thc same authority provided in YMC 7.60-x-08. O. Relocation of Public Facility. Iii the event that an existing, governmentally owncd, • 1. A determination of the flow and intensity of wastewater historically used prior to Ies the ncw lot. 5. The connection charge shall be determined by utilizing the difference between the - -e !le �� _e_ le .. - e _ __ -. a e. ee o > ee e. § 1 (part), 1999: Ord. 97 38 § 3 (part), 1997). Section 13. Section 7.58.095 of the Municipal Code reads as follows: 7.58.095. Reimbursable agreements.. 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. 2007 -66 § 12, 2007: Ord. 2005 -22 § 12, 2005: Ord. 2004 -69 § 12, 2004). Section 14. Section 7.58.100 of the Municipal Code reads as follows: 7.58.100. Money to be credited to wastewater operating fund. • 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. 2007 -66 § 13, 2007: Ord. 2005 -22 § 13, 2005: Ord. 2004 -69 § 13, 2004: Ord. 97 -38 § 3 (part), 1997). PASSED BY THE CITY COUNCIL, signed and approved this 15th day of November, 2011. ATTEST: Micah Cawley, Mayor Deborah Kloster, City Clerk • Publication Date: Effective Date: • Proposed Wastewater Connection Charge Ordinance Revision 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. 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" mean those wastewater system pipes Tess 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 residential connection equal to the assessed charge for a 3 / -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" mean 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. 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 except as provided in YMC 7.58.090(D). 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 a 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 % -inch meter. If at any time, the property owner proposes a connection of multiple dwellings, multi- family, and /or commercial /industrial facilities on the parcel which participated in a LID, the cost of the connection charge shall be based on the amount determined by Section 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 of ten dollars per month (twenty dollars bimonthly). In the event that an owner fails to make timely payments on a placeholder account, the parcel shall become permanently ineligible for a 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. 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 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. 7.58.40 Calculation of the wastewater connection charge. 410 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 the following schedule: Water Meter Size Inside City Outside City (inch) per ERU per ERU 0.75 $ 2,377 $ 3,565 1 $ 3,969 $ 5,954 1.5 $ 7,915 $ 11,873 2 $ 12,669 $ 19,004 3 $ 25,362 $ 38,043 4 $ 39,624 $ 59,435 6 $ 79,223 $ 118,835 8 $ 126,762 $ 190,143 10 $ 182,240 $ 273,359 • B. Multi-family Dwellings- connection y g charge based on the number of units multiplied by a "Per Dwelling Unit ". The Per Dwelling Unit represents 75% of the % -inch meter charge Inside City Per Dwelling Unit = $1,783.00 Outside City Per Dwelling Unit = $2,674.00 C. High Impact Facilities - Facilities with 1.5 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. Inside City Outside City Demand Charge per Charge per Component ERU ERU Flow (gpd) $ 4.67 $ 7.01 BOD (Ibs /day) $ 375.68 $ 563.52 TSS (Ibs /day) $ 509.19 $ 763.78 1. City services charge in the amount of six percent assessed on the sum of the connection charge; 411 2.. Administration charge i g in the amount of fifty dollars per lot, 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 D 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. 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. 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 11 1/ 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 a one - hundred - dollar administrative 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. 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 non - domestic 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. 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. 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. 2007 -66 § 13, 2007: Ord. 2005 -22 § 13, 2005: Ord. 2004 -69 § 13, 2004: Ord. 97 -38 § 3 (part), 1997).