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HomeMy WebLinkAbout119-19 - Ord. Amending County Code Chapter 13.31 Belfair Sanitary Sewer Code ORDINANCE NO. -g=19 AN ORDINANCE AMENDING MASON COUNTY CODE CHAPTER 13.31 — THE BELFAIR SANITARY SEWER CODE AN ORDINANCE amending Mason County Code Chapter 13.3 1, Section.060, (Al.a.), (G) and(H)regarding Permit Fees and Costs and Capital Facilities Charges(CFCs) schedule and exceptions; WHEREAS,Mason County is resolved to taking steps to improve the financial position of the Belfair Sewer Utility and Fund thereby improving the County's overall financial position; and WHEREAS,the Belfair Sanitary Sewer Code was adopted on January 10, 2012 and included Capital Facilities Charges(CFCs) calculations resulting in a CFC of$16,300; and WHEREAS,Mason County Code, Chapter 17.90 was amended by Ordinance Number 35-17 on June 27, 2017 to include reduced or discounted CFCs for eligible and approved projects within the Multi-Family Housing Tax Incentive Program; and WHEREAS,Mason County contracted with the FCS Group to prepare an Updated Financial Plan for Belfair Sewer System(July 2019)which included an analysis of the Capital Facilities Charge calculation; and WHEREAS,the results of the updated calculation are a CFC of$11,300; and WHEREAS,Mason County Code Chapter 13.3 1, Section.060, (Al.a.), (G) and(H) includes reference to Permit Fees and Costs, and CFC charges and exceptions applicable prior to December 31,2016 which are no longer relevant; and WHEREAS,Mason County Code Chapter 13.3 1, Section.060 (H) CFC charges should be updated to correspond to those in Mason County Code, Chapter 17.90.040; and WHEREAS the Mason County Board of County Commissioners held a public hearing on December 3, 2019 at 9:30 am to receive public comments on these revisions. NOW THEREFORE,BE IT ORDAINED,that the Board of Mason County Commissioners hereby amends Chapter 13.31 of the Mason County Code, "Utilities",by revising Section .060(Al.a.), (G) and(H) of the Mason County Code, entitled "Belfair Sanitary Sewer Code"to 1. Eliminate reference to permit fees and costs for structures existing prior to December 31, 2011; and 2. Eliminate reference to applicable CFC charges prior to December 31, 2016; 3. Eliminate reference to exceptions; and 4. Eliminate reference to applicable CFC charges after December 31,2016 and replace with language stating the CFC is $11,300 per Equivalent Residential Unit (ERU); and 5. Add CFC language consistent with Mason County Code, Chapter 17.90; and to read as set forth on Exhibit 1, attached hereto and incorporated by reference. DATED this 3�-,4 day of C erm t r, 2019 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON L�ld I r4-1- 01 Me ssa r , Clerk oOhe Board Kevin Shut&Chair APPROVED AS TO FORM: Sharon TrAk,Vice Chair Tim 'teea ,Ch. DPA el)e'z RanNeather ommissioner Cc: Elected Officials Dept. Heads 13.31.060-Permit fees,CFCs, ERUs,monthly sewer charge. A. Permit Fees and Costs. 1. At the time of application for a building sewer permit, or if an applicant seeks to connect to the sewer system, the applicant shall apply for a building sewer permit (blue card) and shall pay to the county a permit fee together with connection charges and/or other applicable charges (including grinder pump charges), if any, required by this chapter. If the permit is not issued, the permit fee, grinder pump charge and connection charges shall be refunded. a. For structures existing as of December 31, 2011, the building sewer permit fee shall be waived, b. For single-family residential structures built after December 31, 2011, the building sewer permit fee shall be one hundred fifty dollars. c. For multifamily or commercial structures built after December 31, 2011, the building sewer permit fee shall be seventy-five dollars per hour of staff time plus the out-of-pocket costs incurred by the department in reviewing, inspecting, and meeting about the permit application. The minimum fee is one hundred fifty dollars, which must be paid at the time of application. After the actual amount of the fee is determined, the additional charge must be paid before the permit is issued. 2. A sewer design review fee shall be charged for design review services provided by department staff when an application is submitted for a large subdivision, short subdivision, or boundary line adjustment. The sewer design review fee shall be seventy-five dollars per hour of staff time plus the out-of-pocket costs incurred by the department in reviewing, inspecting, and meeting about the application. The minimum fee is one hundred fifty dollars, which must be paid at the time of application. After the actual amount of the fee is determined, the additional charge must be paid before the subdivision or boundary line adjustment is approved. 3. Except as provided in Section 13.31.051, grinder pumps in designated low-pressure sewer areas, all costs and expenses incidental to the installation and connection to the sanitary sewer system whether it be gravity or grinder pump connection, shall be borne by the property owner, including costs associated with decommissioning the existing septic tank or other on-site wastewater treatment system. 4. If sewer service by grinder pump is not required by the county, but desirable for the convenience and economy of the property owner, and if it is allowed by the director, the property owner shall either purchase a grinder pump approved by the county or purchase the pump directly from the county. If the pump is purchased from the county, the cost to the owner shall be the actual costs paid by the county for the grinder pump, including tax. The owner shall be responsible for the cost of installing and maintaining the pump and for the cost of electrical power to serve the pump. Owners shall be required to provide right-of-entry documents for any properties served with a grinder pump. 5. If department personnel or resources are required to repair or assist in the repair of a grinder pump whose maintenance is not the responsibility of the county, the department shall charge the property owner seventy-five dollars per hour of staff time plus out-of-pocket costs. If a pump whose maintenance is the responsibility of the county is damaged due to the actions or negligence of the property owner, the property owner shall reimburse the department for all repair or replacement costs, including seventy-five dollars per hour for applicable employee time. 6. A re-inspection fee of thirty-five dollars per additional visit shall be charged when more than one inspection is required for the county to determine if the property is properly connected to the public sewer system, and if the septic system or other on-site wastewater treatment facilities have been properly disconnected. B. Capital Facilities Charge (CFC)—Intent. Consistent with RCW 36.94.140, and subject to the exceptions stated in this section, the intent of the capital facilities charge is to recover the full cost of capacity, which is defined as the projected total capital cost of the sewer system at full build-out, net of grants and property owner capital contributions (such as utility local improvement district assessments or the value of sewer infrastructure paid for by developers and donated to the system), divided by the number of ERUs projected to be served by the system at full build-out. The calculation of the CFC shall only include capital costs to develop or expand the system, not to renovate or repair an existing system. The estimated full cost of capacity is expected to be updated periodically in order to reflect updated cost and ERU growth projections and to incorporate accrued interest for up to ten years for infrastructure already built. C. Capital Facilities Charge Required. A capital facilities charge shall be paid to the county before any structure is connected to public sewer facilities. No building sewer permit shall be issued prior to the application for a building permit. No building permit shall be issued until all capital facilities charges have been paid in full, except as otherwise provided in this chapter. The capital facilities charge per ERU for a given parcel shall be the amounts set forth in Sections 13.31.060G. and 13.31.060H. D. Residential ERUs. 1. The amount of annual water consumption defined as an ERU shall be referred to as the standard water consumption. The standard water consumption shall be one hundred fifty-five gallons per day, equivalent to seven thousand five hundred sixty-four cubic feet of water per year. 2. Subject to the exceptions stated in this section, each freestanding single-family residential structure shall be charged one ERU for sewer service. 3. Subject to the exceptions stated in this section, if more than one freestanding single-family residential structure is located on one tax parcel, each structure shall count as one ERU. 4. Multifamily uses are defined as two or more dwelling units in one structure. The number of ERUs for a multifamily structure shall be defined as the number of dwelling units multiplied by 0.7. 5. Where a legally permitted home occupation takes place within a residence, the structure shall be treated as a residential use for the purposes of determining ERUs, and not as a commercial use. 6. Where an ancillary residential structure depends on a primary residence for access to bathroom and/or kitchen plumbing fixtures, the director or his designee shall consider the ancillary structure to be part of the primary residence for the purpose of determining ERUs. 7. Where a single-family structure of four hundred square feet or less (exterior dimensions) is located on a parcel with another residential or commercial structure, the single-family structure of four hundred square feet or less shall be counted as a multifamily dwelling unit. Where common ownership and a shared water meter exist, the director or his designee may consider adjacent parcels to be functionally equivalent to one parcel for the purpose of determining the applicability of this provision. 8. A manufactured housing community, as defined in RCW 59.20.030, may elect to have its residential structures treated as a group, even if the manufactured homes are located on separate parcels and/or have separate water meters. If the manufactured housing community elects to be treated as a group, upon written notice of such election, it shall be billed as a single customer, and its residential structures shall be counted as multifamily dwelling units. If the manufactured housing community as a whole becomes delinquent, as defined by Section 13.31.090C., the director may revoke the group status, and upon written notice of such determination, each manufactured home will be counted and billed as a single-family residential structure going forward. E. Commercial ERUs. 1. The minimum number of ERUs for commercial accounts shall be one ERU for each sewered structure. Where a given commercial structure has multiple leasable tenant spaces with separate plumbing fixtures, the minimum number of ERUs shall be one ERU for each leasable tenant space. 2. For a multiple-tenant commercial structure in which all leasable tenant spaces share common plumbing fixtures (such as an office building with shared restrooms and shared kitchen facilities), the minimum number of ERUs is defined as 0.5 multiplied by the number of leasable tenant spaces. For a multiple-tenant commercial structure in which some leasable tenant spaces have separate plumbing fixtures and others rely entirely on shared plumbing fixtures, the minimum number of ERUs is defined as the number of leasable tenant spaces with any separate plumbing fixtures, plus 0.5 multiplied by the number of leasable tenant spaces relying entirely on shared plumbing fixtures. 3. Where water consumption data can be obtained, the number of ERUs for an account shall be defined as the greater of: (a) the minimum ERUs for that account, or (b) the account's total water consumption for the previous year divided by the standard water consumption for single- family residential accounts, rounded off to the nearest one-tenth of an ERU. 4. If actual monthly water consumption for a commercial account is not available, the number of ERUs for a commercial account shall be based on the type and scale of business(es) occupying the parcel, applying the categories shown in Figure B (below). The estimates in Figure B (below) may be updated as necessary by the director to reflect actual experience with similar types of businesses in Belfair or updated guidelines from state or federal governments, professional associations, or other utilities about standard water consumption by property use. If Figure B is updated, the updated version will be published on the county Web site. 5. When the categories in Figure B (below) are used to estimate the commercial ERUs for a given commercial or mixed-use parcel with more than one sewered structure or more than one leasable tenant space, the number of ERUs shall be the sum of the estimated ERUs for each leasable tenant space within each sewered structure. Commercial leasable tenant spaces relying entirely on shared plumbing fixtures shall be calculated as 0.5 times the number of ERUs shown in Figure B (below), with the total for the entire account rounded off to the nearest one-tenth of an ERU. 6. For mixed-use parcels with both commercial and residential uses, where water consumption data is available, the number of commercial ERUs shall be the greater of: (a) the minimum number of commercial ERUs; or (b) the number of ERUs determined from the total water consumption for the entire parcel minus the number of residential ERUs. 7. If a commercial account relies on a well for drinking water in place of being connected to a water system, the categories in Figure B (below) shall be used to estimate its ERUs. If a commercial account relies partly on a well and partly on the water system, metered water consumption shall be the basis of the ERU calculation for those structures connected to the water system, and there shall be additional ERUs calculated for structures receiving drinking water from a well, using Figure B (below). If a well is used only for irrigation water, no ERUs will be assigned to water from that well. 8. Tentative ERUs. If water conservation improvements have been made to an existing structure that are expected to reduce its impact on the sewer system, but there has not been enough time to demonstrate the amount of the reduction, the director may assign a tentative ERU figure based on estimated water use, provided that the property owner agrees to provide actual water consumption data for a long enough period to establish a final ERU figure. Tentative ERUs may also be used for new development in cases where, in the director's judgment, there is substantial uncertainty about the impact that a given proposed development will have on the sewer system. The tentative ERU assignment shall be replaced by a final ERU assignment as soon as there is a full year of valid water consumption data with the structure at full occupancy. If the actual water consumption is greater than the level implied by the tentative ERU figure, the property shall be charged the difference in both CFC and monthly sewer charges, dating back to the month when the tentative ERU figure was first used, plus interest accrued at five percent per year. If the actual water consumption is less than the level implied by the tentative ERU figure, the property shall be refunded the difference in both CFC and monthly sewer charges, dating back to the month when the tentative ERU figure was first used, plus interest accrued at five percent per year. 9. Changes in tenancy. If a commercial leasable tenant space becomes vacant, or its occupancy changes to a new tenant, the property owner shall notify the department of the change within thirty days of the change. This notification shall use a form to be determined by the department and shall include payment of the ten dollar fee described in Section 13.31.090D. The notification shall contain sufficient information about the new tenant for the department to determine the ERUs applicable to the account, using Figure B (below). If the change in tenancy results in a changed ERU for the account, the change in monthly sewer charges shall take effect with the next monthly bill. Vacant tenant spaces shall be counted at the minimum ERU. If a property owner fails to notify the department within thirty days of a change in tenancy that has the effect of increasing the ERUs for the account, the property owner shall be responsible for a one hundred fifty dollar penalty, plus the difference in monthly sewer charges dating to the change in tenancy, plus five percent interest per year on the outstanding difference in monthly sewer charges. F. Figure B—Commercial ERUs by Property Use (to be used only when water usage data is not available): Figure B—Commercial ERUs by Property Use Type of Use ERU Assumption if Water Usage Data is Not Available r Service station 1 ERU;convenience store(small retail)is additional 1 ERU Church(with kitchen) 1.44 ERUs per 100 people Restaurant(with seating) 1 ERU per 12 seats Restaurant(to-go only) 2 ERUs Espresso drive-through 1 ERU Hotel 100 gallons per day(gpd)per room(restaurant or banquet facilities are counted separately) Large office 2 ERUs Small office 1 ERU Doctor office 500 gpd per 1,000 square feet Dentist office 750 gpd per 1,000 square feet Auto service 40 gpd per service bay Small retail 1 ERU General retail 100 gpd per 1,000 square feet Grocery store(with deli/meat/produce) 100 gpd per 1,000 square feet Salon 1 ERU plus 25 gpd Laundromat 1 ERU per washer Day care 10 gpd per person Animal grooming 30 gpd per person,add 50 gpd per tub/stall Animal boarding 30 gpd per person,add 5 gpd per stall Sources: Washington Department of Health, Criteria for Sewer Works Design King County Metro Equivalencies Clark County Washington, Commercial Flow Calculation California EPA, Wastewater Treatment Facilities Construction Revenue Program Guidelines New York State, Design Standard for Wastewater Treatment Works All ERU calculations are rounded off to the nearest one-tenth of an ERU. The rounding applies to the total account, not to individual tenant spaces or structures within a given account. G. Capital Facilities Charge. The county shall charge a one-time CFC in the amount of $11.300 per ERU. Schedule. The CFC schedule shall be as follows: 1. From July 1, 2011 through December 31, 2012, the CFC shall be five thousand dollars per ERU. 2. From January 1, 2013 through December 31, 2013, the CFC shall be six thousand dollars per ERU. 3. Fr '^ 201^ through Dece 31, 2014, the-IFS shall be th^ nd ine hundred dollars per ERU. 4. From January 1, 2015 through December 31, 2015, the CFC shall be ten dollars per ERU. 5. From January 1, 2016 through December 31, 2016, the CFC shall be thirteen thousand dollars f U. 6. H. Exceptions to CFC Amounts. Exceptions to the CFC amounts established in Section 13.31.060G. are as follows: 1. The county shall charge a one-time CFC in the amount of$5,000 for each Multi-Family unit within the Belfair UGA. Multi-family housing tax incentive applications that receive conditional approval pursuant to MCC 17.90.070 and located within the Belfair Residential Targeted Area as defined in MCC 17.90.060(b) shall be charged as follows: (a) Capital facility charges for connection to the Belfair Sewer System will be reduced to $5000.00 per dwelling unit. No further reductions per ERU would apply. (b) If the tax exemption is canceled prior to the sunset date, capital facilities charges would be reinstated at the rate which was current at the time of application less those charges already paid. (c) The reduction in connection charges will sunset with the multi-family housing tax incentive. I. Monthly Sewer Charge. The county shall charge all parcels connected to the public sewer facilities the following monthly sewer charge: Ninety-six dollars per ERU. The county shall bill the monthly sewer charge in the manner set forth in Section 13.31.090, billing.