HomeMy WebLinkAboutord2004-024WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2004 -104
CLEARANCES initial Dare Dare Received in Council m A
originator: MEW 1128104
ends Door Assi ned ta:
2/10/04 Introduction
Division Head. i rxj ,Ul C \ i� 12
Dep<Head 136 oq lrl -�
Prosecutor L6- I 60 FEP 2- 7099
Purchasing /Budget:
24/04e Heparin
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SUBJECT:
County Council requested changes to the Latecomers ordinance or WCC12.44.
ATTACHMENTS:
I. Memo dated January 30, 2004
2. Proposed Ordinance
SEPA review required? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes (X ) NO
Should Clerk schedule a hearing ? (X )yes ( ) NO
Requested Date: 2124104
SUMMARY STATEMENT:
The amendment includes text amendment regarding thefollowing:
Distribution
indicate those who should receive a
List specific names to the right.
Request
copy after Council action.
• When the application summary must be recorded with the Auditor's
Office;
• What County permitslapprovals trigger collection of the assessment;
• To allow for application under WCC12.44 for roads only within
Comity right -of -way;
• Defines theperiodoftime the developer may submit application;
• The requirements within the application submittal;
• The amount of time to request a hearing date to match state
AS Facilities Management
AS Finance
AS Human Resources
AS Info services
Assessor
Auditor
c000erotive ectonsion
requirement, and;
District Coup
• Minor grammatical changes.
Executive
The first two items were requested by the County Council and the
remaining changes are requested by Whatcom County Public Works to
`tidy' up the ordinance.
COUNCIL ACTION TAKEN:
2004 -104 211012004: Introduced
212412004: Held in committee
31912004. Held in committee to 3123104
312312004'. Re- introduced - Public Hearing to be held on
April
41612004: Adopted 6 -0, Nelson absent, Ord. #2004 -024
Health
ring Examiner
Hearing
Juvenile
Parks
Planning
Prosecutor
Public Works
Sheriff
Superior Court
Treasurer
other
Ordinance or R so a#p,
(this item): ��hF
Numb r.,2+
Related County Contract #:
Related File Numbers:
Sponsored By Consent
Proposed by Engineering
Introduction Date 2/10/04
ORDINANCE NO. 2004 -024
2
3 AMENDING WHATCOM COUNTY CODE 12.44
4 TO CREATE A PROCEDURE FOR REIMBURSEMENT OF ROADWAY
5 CONSTRUCTION COSTS THAT BENEFIT OTHERS
6
7 WHEREAS, RCW Chapter 35.72 authorizes and establishes a procedure for providing
8 reimbursement to parties constructing road improvements; and
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10 WHEREAS, it is deemed necessary and advisable to adopt uniform rules for
I administration of the reimbursement program; and
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13 WHEREAS, current County procedures for such reimbursement need to be clarified and to
14 be collected in one Whatcom County Code chapter; and,
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16 WHEREAS, it is in the best interest of Whatcom County, hereinafter referred to as the
n "County", to implement procedures for reimbursement for owners who construct road
18 improvements that benefit others,
19
20 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
21 Whatcom County Code 12.44 is hereby amended as indicated in Exhibit `A' attached hereto.
zz ADOPTED this th day of April , 2004.
N4is ro
24 c``J ?0,I►NA C 00 % WHATCOM COUNTY COUNCIL
25 ATTEST= O;� �*08 to WHATCO COUNTY, WASHINGTON
n � A
4t-
28 Dana BrowLppavih, ouncil Cle Dan Me ane, Council chair
29 APPROVED /7 A�`itOtB(IAA+t� ( ppr vv'e2d�'r /, O Denied
32 Civil Prosecuting Attorney Pete Kremen, County Exeuctive
33 Date:
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EXHIBIT "A"
PROCEDURE FOR REIMBURSEMENT OF ROADWAY
CONSTRUCTION COSTS THAT BENEFIT OTHERS
8 Sections:
9 12.44.010 Purpose
10 12.44.020 Definitions
n 12.44.030 Applicability
12 12.44.040 Application for Developer Reimbursement Agreement
u 12.44.050 Preliminary Determinations
14 12.44.060 Preliminary Determination Notice
15 12.44.070 Developer Reimbursement Agreement
16 12.44.080 Recording /Effective Date/Payment of Assessment /Lien for Non - Payment
n 12.44.090 Segregation
18 12.44. 100 Term of Developer Reimbursement Agreements
ro 12.44.110 Interest or Assessment
20 12.44.120 County Latecomer Administrative Fees
21 12.44.130 Payment of Developer Reimbursement Charge
22 12.44.140 Appeal
23 12.44.150 Enforcement of Latecomer Obligations
24 12.44.160 County Participation in Assessment Reimbursement
25 12.44.170 Effect of Annexation
26 12.44.180 Date for Review
27
28 Section .010. Purpose
29
30 The purpose of this ordinance is tT-o establish a uniform methodology and process for the
31 administration of reimbursement contracts applied for after January 1, 1998, for Developers in
32 circumstances where a developer constructs a road improvement within County right -of -way and
33 desires to be compensated by benefited property owners who, at the time of subsequent
34 development of their respective properties will add to the use and burdening of the subject road
35 benefiied by the improvements.
36
n It is also the intent of this procedure to avoid assessment of property owners whose use of the
38 constructed road improvement approximates their usual and accustomed use prior to the
39 construction of the improvement.
40
41 The provisions of this chapter are in addition to and are intended to supplement any other
42 requirements contained elsewhere in the Whatcom County Code.
43
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i Section .020. Definitions
2
3 (1) Adjacent means abutting on public roads, streets, right of way or easements in which
4 Road Improvement(s) is installed or directly connecting to Road Improvements through an
5 interest in real property such as an easement or license.
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7 (2) Assessment means an equitable pro rata charge to be paid by an owner of property within
s the Assessment Reimbursement Area for the cost of private construction of Road Improvements
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u (3) Assessment Reimbursement Area means that area which includes all parcels of real
property adjacent to Road Improvements or are likely to require connection to or service by Road
13 Improvements constructed by a Developer.
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u (4) Construction Interest means the sum of money to be added to the Direct Construction
16 Cost and reimbursed to the Developer for the use of the Developer's monies during the
n Construction Term. The interest rate shall be 1% above the Federal Reserve bank prime loan rate
18 published most recently before the date of pre - construction meeting the Fmilities Improvement
19 mat. Interest accrual begins on the date of execu.,^ e of the pre - construction meeting
20 eiiit:.... ,....._,.......ent n ,.reef____ and will continue throughout the Construction Tem.
21
22 Construction interest shall be computed utilizing the Two Thirds Rule, i.e. (direct Cost of
23 Construction x Construction Interest Rate - 365) x (the Construction Term expressed in days x
24 0.67) = Construction Interest.
25
26 (5) Construction Term means that period of time between the date of exeemion -ef the pre -
22 construction meeting .edit".,. r....__... ,... ent n,._eeMe.,t and the date of acceptance of the project
2e by the County ef the constfue4en completion a..tg as forth the PaGifities Improvement
29 whiel e. e rs first.
30
31 (6) Cost of Construction is the sum of the Direct Construction Costs incurred to construct
32 the Road Improvements plus indirect costs which are limited to the County Latecomer
33 Administrative Fee (Section. 120), Construction Interest (subsection (9), below), and Developer
34 Administrative Costs (subsection (5), below).
35
36 ('n Developer The individual or entity that contracts with the County for the construction
39 of Road Improvements, where such improvements are a requirement for development of real
38 property owned by such entity or individual.
39
40 (8) Developer Administrative Costs means all indirect costs incurred by the Developer in
41 the <._...:.,.. And _.:ton of a F==_r.'e_ .....pfev_.... er t Agreement and managing the project;
42 such as office supplies, mailings, clerical services, telephone expenses, accounting expenses,
43 project oversight, and the like. Administrative costs shall not exceed three percent (3 %) of all
44 Direct Construction Costs.
1 (9) Development Permit means any short plat, long plat, binding site plan, any building
permit that increases traffic, or other permit that increases traffic.
3
4 (10) Developer Reimbursement Agreement means a written contract between the County
5 and one or more Developers providing partial reimbursement for Cost of Construction to the
e Developer by owners of property who are likely to utilize the improvements and who did not
7 contribute a proportionate share to the original Cost of Construction.
8
9 (11) Direct Construction Costs include but are not limited to such things as acquisition of
to right -of -way and/or easements, design, engineering, surveying, inspection, grading, paving,
I installation of curbs, gutters, pedestrian facilities, street lighting, bike lanes, and traffic control
12 devices, relocation of private utilities as required by the County, (i.e. power, telephone, cable and
13 gas), relocation and/or construction of street lights, traffic control devices, signage, and other
14 similar improvements.
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17 individual of entity with the County fef the PWase of etmstruefiH9 iffiffeNze-M-entg thal afe
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20 (13 L2) Road Improvements mean roadway improvements made in existing or
21 subsequently dedicated or granted rights of way or easements and any improvements associated
22 therewith including but is not limited to such things as acquisition of right -of -way and/or
u easements, design, engineering, surveying, inspection, grading, paving, installation of curbs,
24 gutters, pedestrian facilities, street lighting, bike lanes, and traffic control devices, relocation of
25 private utilities as required by the County, (i.e. power, telephone, cable and gas), relocation of
26 street lights, traffic control devices, signage, and other similar improvements.
28 Section .030 Applicability.
29
30 This chapter is intended to apply to all Road Improvements (subject to the limitation that as
31 to road improvements this chapter's applicability is limited to those improvements defined in
32 RCW 35.72) where the construction of such improvements are the result of a Whatcom County
33 ordinance or ordinances that require such improvements as a prerequisite to property
34 development. Road Improvements constructed in order to comply with the Whatcom County
35 Development Standards, Subdivision Code, Zoning Code, Comprehensive Plan and Whatcom
36 County Code chapter 12.08 or 12.14 as applicable, are hereby declared to be prerequisites to
n further property development for the purpose of RCW 35.72.010.
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39 Section .040 Application for Developer Reimbursement Agreement.
40
41 Any Developer using private funds to construct Road Improvements in the County ri t -of-
42 way, may apply to the County for a Developer Reimbursement Agreement in order to recover a
43 pro rata share of the Costs of Construction from subsequent users of the Road Improvements
44 made by Developer.
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The application for a Developer Reimbursement Agreement shall be made submitted by the
Developer after pFier -te the date the Road Improvements Plans have been approved and prior to
the date the road improvements are accepted by the County
l:i�Agreemept. Application shall be made on forms prepared provided by the Public
Works Department and shall be accompanied by the County Administrative Base Fee set forth in
Section .120. The application shall contain the following information which shall be approved
signed and stamped by a State of Washington licensed engineer er ice°e°a„uti.,�'�"" ,eye :
A. A detailed description of the road improvements to be installed and location of the road
construction.
B. A legal description of the Developer's property.
C. A An assessment area map, legal description of assessment area, map and assessor's
parcel numbers of the properties within the Developer's proposed Assessment
Reimbursement Area together with the name and address of the owners of each property as
shown in the records of the Assessor's office of Whatcom County.
D. Viei.:ty maps of Developer's p pe
The ll.....,1.,perl..,_..pesed Assessment Reimbursement A.ea. d .eneFal ispatinfl
ef the Read L�pfevemems.
D. Itemized cost data approved prepared by a State of Washington licensed engineer
for the 6 Cost of Construction.
G. E. The Developer's proposed allocation of the Cost of Construction to the individual
properties within the proposed Assessment Reimbursement Area and the method used for
such allocation and segregations.
1. The proposed allocation shall be an equitable "Pro-rata" charge shared by property
owners throughout the assessment area, and solely based on the "full buildout" potential
of currently zoned densities of residential zoned Properties in the assessment area.
2. Other acceptable engineering methods of assessment may be used for commercial and
industrial zoned properties in an assessment area.
3. The Developer shall Provide a brief evaluation of any adjustments to the development
4. The consideration of "potential buildout" shall be based on Section .080 D of this
chanter.
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5. Item 040 E (3) above is not intended to require a costly, lengthy, or deliberative land -use
studv of the assessment area A brief written review of assessment area zoning,
development restrictions and potential traffic impacts of new develonment to the
proposed road construction will suffice, in support of the assessment calculations
submitted.
H. F. An Application Summary with project description, and time of Developer and legal
together
with a statement of intent to collect the proposed allocation of Cost of Construction to each
property. The Application Summary shall include the following language:
"This Application Summary shall have no further force or effect nor shall it
constitute an enforceable obligation against any of the properties described
herein upon the recording of a Developer Reimbursement Agreement made
as to the property herein described. The terms of the Latecomers'
Agreement shall govern therafter.
This Also, if no Latecomers' Agreement is recorded, the
Application Summary shall have no further force or effect nor
shall it constitute an enforceable obligation against any of the
properties described herein after one year from the date of
recording; provided, the effective term of the Application
Summary may be extended by filing an extension executed by
the Developer and approved in writing by the Public Works
Department."
The Application Summary shall be in recordable form. The Application Summary together with
all items in .040.0 shall be recorded within 30 days of the application submittal.
F ling Bf� Applieatiem Sumffiaiuj is eleetive. if no Application SummaFy is filed, then the
Provisions ,.f- -- non(A) and ins shall net apply.
The Public Works Director shall establish policies and procedures for processing applications
and complying with the requirements of this ordinance.
Section .050 Preliminary Determinations.
The Public Works Department shall review and approve the preliminary Assessment
Reimbursement Area and preliminary Assessment for real property benefited by the Road
Improvements based on the following:
A. The likelihood that benefited property will be developed within fifteen years from the
date of recording of the Developer Reimbursement Agreement.
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I B. The likelihood that at the time of development of the benefited property such property
2 will not be required to install similar Road bmprovements because they were already installed by
3 the Developer.
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s C. For Road Improvements, that benefited parcels are Adjacent to such Road
6 Improvements or likely to require connection to or service by Road Improvements.
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s D. An equitable allocation of the Cost of Construction among the properties within the
9 Assessment Reimbursement Area, so that each pays for benefits attributable to those
to Improvements. The method or methods used to calculate the allocation of the Assessment as
I outlined in Section 040 (1) and 040 (2). Commercial and Industrial zoned properties
12 assessment methods may be either front footage, number of units, square footage, or may be the
13 zone and termini method or other recognized methods reasonably calculated to equitably allocate
14 the Assessment. Credit may be given to property owners who have already paid a higher share
15 by monetary or in -kind value for the already developed portion of the road.
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17 Section .060 Preliminary Determination Notice.
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19 A. The preliminary Assessment Reimbursement Area and the preliminary Assessment as
20 approved by the Public Works Department shall be sent by certified mail to the property owners
21 of record within the preliminary Assessment Reimbursement Area in accordance with RCW
22 35.72, as from time to time amended.
24 B. The applicant or any property owner within the preliminary Assessment
25 Reimbursement Area may, in writing within 30 20 days of mailing of the notice, request a
26 hearing to be held before the County Council to contest the preliminary Assessment
27 Reimbursement Area and preliminary Assessment. Notice of such hearing shall be mailed not
28 less than 20 days before the date of the hearing to all property owners of record within the
29 Assessment Reimbursement Area. Public hearing before the County Council shall be conducted
30 as soon as is reasonably practical. After public hearing the County Council may approve,
31 modify, or reject the Assessment Reimbursement Area and the Assessment for each property
32 within the Assessment Reimbursement Area applying the standards set forth in this ordinance.
33 The County Council's determination with regard to the Assessment Reimbursement Area and the
34 Assessment shall be determinative and final.
36 C. In the event no written request is received as required, the determination of the Public
37 Works Department shall be final.
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39 Section .070 Developer Reimbursement Agrcement.
40
41 Based upon the preliminary Assessment Reimbursement Area and preliminary assessment if
42 no hearing is requested, or based upon the County Council's determination of the Assessment
43 Reimbursement Area and Assessment if a hearing is requested, the Public Works Department
44 shall prepare and give to the applicant a Developer Reimbursement Agreement providing the
45 County has accented the road improvements.
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Section .080 Recordine /Effective Date /Payment of Assessment/Lien for Non - payment.
A. The Developer's right to Assessments shall relate back to the date the Developer
records an Application Summary pursuant to section .040(6 F), above.
B. Any property described in the recorded Application Summary shall be subject to the
Assessment after it has been approved by the County pursuant to this chapter.
C. The Developer Reimbursement Agreement shall be promptly recorded by the County
with the Whatcom County Auditor.
D. The County shall not approve the subdivision of land, no issue a building permit for
new residential dwellings, industrial or commercial building permits, attached or
detached accessory dwelling units, or similar development permit or approval unless
the County has received full payment of the Assessment, including interest, applicable
to the property connecting to or using the Road Improvements constructed by the
Developer. The assessment shall be collected in accordance with the Developer
Reimbursement Agreement, and only for those substantial projects which increase the
use and burdening of the subject road construction improvement in excess of prior
existing uses.
1. Accordingly, a new single family residence that is being constructed as a replacement
for an occupied single family residence which accessed onto the roadway prior to the
road construction improvement and is being removed as part of the new construction
project will not be required to nay the assessment as it represents the same amount of
use and burdening upon the road improvement.
E. If property is developed within the Reimbursement Area, the amount of such
Assessment shall be a binding obligation upon the owner of record (and successors)
of the affected property.
Section .090 Segregation
The Public Works Department shall, upon the request of any property owner within the
Assessment Reimbursement Area, segregate the Assessment. The segregation shall be based
upon the same factors applied when the Assessments where originally established. The property
owner seeking segregation of the Assessment shall pay an administrative fee to the County based
upon a segregation fee schedule to be established by the Public Works Department.
Section .100 Term of Developer Reimbursement Agreements.
Each Developer Reimbursement Agreement shall be valid for a period not to exceed fifteen
years from the date of its recording.
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Section .110 Interest on Assessment.
Each Assessment established in the Developer Reimbursement Agreement shall bear interest
from the date of recording of the Developer Reimbursement Agreement at an interest rate fixed
at the Federal Reserve rate for one -year Treasury bills on the secondary market.
Section .120 Countv Latecomers Administrative Fees.
A. The County shall charge the Developer for processing Developer Assessment
Agreements a base fee of $450.00 for Road Improvements. To the base fee shall be
added one and one half (1' /z %) percent of the Cost of Construction.
B. Further, for every separate parcel of property within the applicant's proposed
Assessment Reimbursement Area $150 shall be added to the base fee established
pursuant to the above schedule.
C. The base fee, the percentage adjustment, and the parcel fee may be adjusted
annually to reflect inflationary costs, increase or decrease, through the Whatcom
County Unified Fee Schedule.
D. The County Latecomer Administrative Fee shall be paid upon application for a
Developer Reimbursement Agreement.
Section .130 Pavment of Developer Reimbursement Charee.
Each Assessment shall be due in its entirety pursuant to 0.080 , Section D, and shall be paid
to the County in one lump sum including interest until date of payment. The County will pay
over, to Developer, the amounts due within forty -five (45) days of receipt.
When the Assessment for any property has been paid in full, the Public Works Director shall
record a certification of payment that will release such property from the Developer
Reimbursement Agreement.
Section .140 Appeal.
A Developer may appeal the interpretation and/or decisions of the Public Works Department
concerning any aspect of this chapter to the County Council. The burden of proof shall be upon
the appellant to demonstrate that the decision (s) of the Public Works Department was based on
an error of law or was clearly erroneous, based upon the information at the disposal of the
Department. Such interpretation and/or decisions shall be considered final at the time of the
mailing of the notice described in Section .060 above. Appeals, if any, must be filed within thirty
(30) days from mailing date of that notice.
Section .150 Enforcement of latecomer obligations.
In processing and imposing obligations in this chapter for reimbursement of Developers, the
County in no way guarantees payment of assessments by latecomers or enforceability of
assessments or the amount(s) thereof against such persons or property. Nor will the offices or
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finances of the County be used for enforcement or collection of latecomer obligations beyond
those duties specifically undertaken by the County herein. It shall be the obligations of a
Developer to take whatever authorized means are available to enforce payment of latecomer
assessments; and, Developers are hereby authorized to take such actions.
Section .160 County Participation In Assessment Reimbursement.
As an alternative to financing projects under this chapter solely by owners of real estate, the
County may join in the financing of improvement projects and may be reimbursed in the same
manner as the owners of real estate who participate in the projects, provided that as to Road
Improvements, the conditions of the County's participation shall be specified by ordinance. The
County may be reimbursed only for the costs of improvements that benefit that portion of the
public who will use the developments within a given assessment reimbursement area. No costs
of improvement that benefit the general public may be reimbursed.
Section .170 Effect of annexation.
Annexation to a city or town of all or a portion of an assessment reimbursement area shall not
affect liability for assessment charge of properties so annexed nor responsibilities of an owner
under the contract.
Section .180 Date for Review.
The terms set forth herein shall be reviewed four years from date of adoption.
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