To allow for a process by which any person or entity who pays the cost to install utilities within a public right-of-way may recover a pro rata share of the costs of construction from other persons or entities (latecomer) who benefit from those utilities at a later date.
The authority to establish latecomer agreements and benefit areas shall be consistent with the powers and authorities provided by Chapters 35.91 and 36.94 RCW.
(Ord. 1265 Att. A, 2016)
Any person or entity using private funds to install water or sewer utilities, improvements or appurtenances costing more than $10,000 within a public right-of-way may apply to the utility division for establishment of a latecomer agreement. The minimum expenditure level shall be adjusted annually effective on the first day of the year through a percentage increase which shall not exceed the lesser of the percent change in the Consumer Price Index, All Cities, Urban Workers and Clerical Workers (CPI) as published by the U.S. Department of Labor for the 12 months ending the preceding September, or six percent.
(Ord. 1265 Att. A, 2016)
All applications for latecomer agreements shall be on forms approved and established by the administrator and shall be accompanied by a nonrefundable application fee to cover the utility system's expense in processing the application. This fee shall be as set forth in LCC Title 18.
(Ord. 1265 Att. A, 2016)
A latecomer agreement shall contain the following:
(1) 
A legal description of the properties.
(2) 
A legal description of the properties within the proposed latecomer agreement benefit area together with the names and addresses of the owners of each parcel as shown on the records of the Lewis County assessor.
(3) 
Map of the proposed latecomer agreement benefit area showing the location of the utility system improvements, properties contributing to the original cost of the utility system, and parcels benefiting from the utility system improvements.
(4) 
Itemized cost of construction signed and dated by a professional engineer.
(5) 
Method of calculating latecomer payments and proposed allocation of the cost of construction to the individual parcels in the proposed latecomer agreement benefit area.
(6) 
Expiration date of latecomer agreement or conditions under which the latecomer agreement shall be terminated. The maximum term of the agreement shall not exceed 20 years according to RCW 35.91.020.
(7) 
Identification of the recipient(s) of any latecomer payments, time period of payment, and disposition of any unclaimed funds.
(8) 
Identification of ownership of utilities after installation and responsibility of maintenance and repair.
(9) 
Any provisions, covenants or restrictions deemed appropriate by the utility division.
Within 30 days of receipt of the application, the utility division will provide the applicant written notice of whether the application is complete and, if incomplete, what must be done for the application to be considered complete. The applicant will have no more than 30 days from the date of the written notice to respond and provide the information required to complete the application, or a written explanation of why he or she cannot provide the information within the designated time period and a date by which the requested information will be submitted. The administrator may grant the applicant an extension of no more than 60 days to submit the required information. If the applicant fails to meet this deadline, the utility division may, in its discretion, reject the application as untimely.
(Ord. 1265 Att. A, 2016)
Applicants for latecomer agreements must be in compliance with all county ordinances, rules and regulations in order to submit an application for a latecomer agreement and to have that application processed.
(Ord. 1265 Att. A, 2016)
The utility division reserves the right to refuse to enter into any latecomer agreement or to reject any application. All applications for latecomer agreements shall include an express waiver of any and all lawsuits and causes of action against Lewis County, its employees and agents, arising out of the establishment, enforcement or failure to enforce latecomer agreements. Lewis County, its employees and agents shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through latecomer agreement. Any collected funds still unclaimed by the applicant more than three years after the expiration of the agreement shall be returned to the parties that made those payments to the county. Any remaining undeliverable funds shall inure to the benefit of the appropriate utility or other fund designated by the board.
(Ord. 1265 Att. A, 2016)
The procedure to establish a latecomer agreement benefit area shall be as follows:
(1) 
The utility division will formulate a latecomer agreement benefit area based upon a determination of which parcels did and did not contribute to the original cost of such utility system improvement and which parcels may subsequently benefit from connection to those utilities. Connection can be by tapping or discharging into the utilities and beneficial users shall include users connected to laterals or mains.
(2) 
The preliminary determination of area boundaries and potential assessments along with a description of the property owners' rights and options shall be given by registered mail to all affected property owners of record within the proposed benefit area. Owners of record shall be as shown on the records of the Lewis County assessor. If any property owner requests a hearing in writing within 20 days of the utility division's mailing of the preliminary determination, a hearing shall be held before the Lewis County hearing examiner. Notice of the hearing will be given to all affected property owners at least 10 calendar days in advance of the hearing. The Lewis County hearing examiner's ruling is final.
(3) 
The latecomer agreement will be recorded at the applicant's expense at the Lewis County auditor's office within 30 days of the final execution of the agreement. The agreement shall include notice of additional tap or connection charges as required in RCW 65.08.170. The applicant will pay for all recording fees and related expenses.
(4) 
Once recorded, the latecomer agreement shall be binding on property owners of record within the assessment area.
(5) 
The county will file a release with the auditor's office upon satisfaction of the latecomer's assessment.
(Ord. 1265 Att. A, 2016)