HomeMy WebLinkAbout2011-056 Wastewater Connection Charge; YMC Revision to Chapter 7.58ORDINANCE NO. 2011 -56
AN ORDINANCE of the City of Yakima relating to wastewater rates, fees, 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:
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 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
residential connection equal to the assessed charge for a % -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.
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 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;
2.. Administration charge 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 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).
PASSED BY THE CITY COUNCIL, signed and approved this 15th day of November, 2011.
ATTEST:
Mq
City Clerk -- *®
SEAL
Publication Date: November 18,
Effective Date: December 18, 2011
Micah Cawley, Mayor
• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
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):
Funding Source: Wastewater FurA 473
PROVED FOR SUBMITTAL:
Phone
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.
•
Agenda Statemenf; WCC Revision
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 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
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 Yakirna 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.O30 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 'lie 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 prop =erty 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, andior 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.
is
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.
•
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 charge based on the number of units multiplied b
g p Y
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;
2.. Administration charge 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
® 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 the 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
shall constitute payments to 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.
J 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).
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