A. Assessment And Collection Of Charge: Every applicant for a new connection to the stormwater system of the city and every applicant for a project permit to develop undeveloped real property, or a portion thereof, shall pay a stormwater utility general facilities charge to be established pursuant to Revised Code Of Washington 35.92.025 and 35.67.020. The general facilities charge shall be assessed against, and shall be collected from the owners of, each parcel of real property or portion to be changed from an undeveloped to a developed state, or for which a new connection is to be made. Such general facilities charge shall be assessed for the purposes of assessing against such previously undeveloped property or portion thereof and such real property or portion thereof to which a new connection is made, a proportionate share of the utility's historic capital costs that provide a benefit to each subsequently developed property or portion thereof, or to each property or portion thereof subject to a new connection, in order that such property or portion thereof may bear its fair share of the cost of the utility.
B. Determination Of Amount To Be Charged: The general facilities charge shall be assessed in an amount determined by multiplying the base charge as established from time to time by the total number of equivalent residential units contained on that property or portion of property being altered from an undeveloped to a developed condition, which number shall not be less than one and shall be determined by the utility at the time of the assessment. Provided that, general facilities charges that have been paid as a result of prior development activities on the property, or portion thereof, or through participation in an LID or ULID shall not be reassessed.
C. Payment Of Charge Required: Except as may be otherwise provided in a binding development agreement or other agreement between the city and property owner, the general facilities charge shall be assessed and must be paid:
1. For a connection or development of property not associated with development of the property or portion therefor pursuant to an approved subdivision, a planned unit development, or a binding site plan, at the time a building, connection or construction permit is issued by the city authorizing development of the property or a new connection to the stormwater system;
2. For a subdivision, at the time of submission of a completed application for final plat approval;
3. For a binding site plan, at the time of submission of a completed application for approval of the binding site plan; and
4. For a planned unit development, prior to and as a condition of final plan approval for each phase of the planned unit development; provided that, if the property is to be subdivided by a subdivision or short subdivision, at the time of submission of a completed application for final plat or short plat approval.
D. Equitable Adjustment Of General Facilities Charges: There is hereby established an equitable adjustment to the general facilities charges applicable to the applicant, or applicant's successor, for a subdivision, planned unit development or binding site plan pursuant to subsection A of this section, to be known as the "general facilities equitable adjustment charge".
The general facilities equitable adjustment charge shall be paid at the time of building permit issuance based upon the number of equivalent residential units assigned to the building/facility/improvements to be constructed under the building permit. The amount of the general facilities equitable adjustment charge shall be calculated for each equivalent residential unit as follows:
The difference between the rate for the general facilities charge effective upon the date that the completed application for the building permit is filed and the rate for the general facilities charge effective at the time of the assessment of the general facilities charge, or if prepaid, at the time of payment. In the event that there has been no increase in the rate for the general facilities charge between the date of the assessment of the general facilities charge, or if prepaid, the date of payment, and the date the completed building permit application is filed, the equitable adjustment will be zero. In the event that there has been a decrease in the rate for the general facilities charge between the date of the assessment of the general facilities charge, or if prepaid, at the time of payment, and the date the completed building permit application is filed, the equitable adjustment will be zero. For purposes of this section, prepaid shall mean general facilities charges paid prior to the date of assessment.
Payment of the general facilities equitable adjustment charge shall be a precondition to issuance of the building permit and to approval of a service connection to the stormwater system; provided that, the applicant and the city may agree to a different schedule or method for payment of the general facilities equitable adjustment charge pursuant to a development agreement or other binding agreement between the city and the property owner relating to development of the property.
E. Application Of General Facilities Equitable Adjustment Charge: General facilities charges are intended to ensure that historic costs of stormwater system development are equitably shared by property owners who have not contributed to the costs of system development to the extent such property is benefited by the stormwater system. General facilities charges assessed upon final plat, planned unit development or binding site plan approval will not include costs of stormwater system development, if any, incurred after such assessment but prior to issuance of the building permit. The general facilities equitable adjustment charge is therefore intended to apply to all applicants, and their successors, who have paid general facilities charges pursuant to subsections A through C of this section, whether or not paid before or after the effective date hereof; provided that, the provisions in this subsection are not intended to and shall not be construed to amend or alter the provisions set forth in a binding development agreement or other binding agreement between the city and the property owner relating to development of the property.
F. Exception: Notwithstanding the provisions of subsection E of this section, the stormwater general facilities equitable adjustment charge shall not apply to any property, or portion thereof, for which general facilities charges were paid pursuant to an application for a subdivision, planned unit development or binding site plan, which property, or any portion thereof, was developed pursuant to a building permit issued on or before the later of: 1) June 16, 2013; or 2) two (2) years following the date of assessment of the general facilities charge. (Ord. 907, 6-29-2011)