The town council has determined that it is reasonable and in the public interest to enact and impose a “system development charge” pursuant to RCW 35.92.025 for the purpose of recovering a proportionate share of the actual capital costs of water and sewer facilities from those properties within the utility service area which, as a part of their development and use, create needs for those facilities.
(Ord. 591 § 1, 2006)
The town council hereby finds and determines that the capital cost of the town's water and sewer system has been borne by the town and its water and sewer system users. Such water and sewer systems will be utilized by newly connecting properties. Such fee will be adjusted each year by an escalation factor to reflect the cost of interest and inflation based on the Engineering News-Record (ENR) Construction Cost Index. Also there will be actual costs charged for meter and associated parts as determined by the public works supervisor.
(Ord. 591 § 1, 2006)
The town may provide a waiver of municipal utility connection fees as allowed by RCW 35.92.380 for low income persons as hereafter defined.
(1) 
For purposes of this section:
(a) 
“Low income persons”
is defined as follows: individuals or families with a gross annual income less than 80 percent of the median income for working families in Skagit County, and includes private or public nonprofit organizations as defined as follows: nonprofit corporations established solely for the purpose of providing low income housing or other charitable or governmental or not-for-profit services such as museums and other organizations recognized under the United States Internal Revenue Code as qualified recipients of tax-deductible charitable contributions and limited to those organizations having received approval from the Internal Revenue Service of such status upon the filing of all forms as required for recognition as a 501(c)(3) corporation.
(b) 
“Utilities”
are defined as sewer, water and any other municipal utility service provided by the town, which requires a fee for connection to be paid to the town for such service.
(c) 
“Town”
means the town of Concrete, a Washington municipal corporation.
(2) 
For a person or an entity to qualify under the provisions of this section, upon making a written application for utility connection fee waiver, the entity or person shall provide sufficient proof of such status, including such documentation as is necessary to establish the identity of the applicant and other documents such as tax returns or documents which show nonprofit status to the town clerk. The application shall also include a description of the project or building and a legal description of the property to which the applicant requests a connection. The town clerk shall determine the sufficiency of the documentation and place the matter for consideration by the town council. All waiver requests shall be made in writing to the town council at least 30 days prior to the levy of the utility connection fee. Such requests may be granted within the sole discretion of the town council. The town council may approve such requests by resolution adopted at a regularly scheduled meeting.
(3) 
Upon the approval of the town council, the collection of the utility connection fees to serve a single-family residence or other building utilized by such persons or organizations may be waived.
(4) 
All utility connection fee waiver amounts shall be reimbursed to the town's connection fee waiver fund or account upon the sale of the property to any purchaser who is not a qualified low income person or family or a nonprofit organization as defined in subsection (1) of this section. Repayment of waived utility connection fees shall be secured with a real estate security instrument as approved by the town attorney. Such instrument shall be senior to all other security instruments securing loans on the property, unless the town council determines that the town receives adequate security for repayment from a junior security instrument. All such security instruments shall contain a due-on-sale clause, reimbursement of waived water or sewer connection fees to the town upon the sale of the property to any purchaser who is not a qualified low income person or family or a nonprofit organization as defined subsection (1) of this section. Waived utility connection fees shall likewise be repaid to the town upon any refinancing of loans secured by senior real property security instruments.
(5) 
Upon the sale of the property to any purchaser who is not a low income person or family or nonprofit organization as defined subsection (1) of this section, prior to transfer of the property to the purchaser, the purchaser shall reimburse the town in the full amount of the waived utility connection fees. Alternatively, at the option of the seller, the reimbursement to the town may be at the then-existing utility connection fee rates for comparable development on properties within the town of Concrete for utility connection to the town's utility systems; provided, that in no circumstances shall the reimbursement to the town be less than the amount of the utility connection fee originally waived.
(Ord. 616 § 1, 2008)
(1) 
In addition to any permit fees and other charges required by town ordinance or regulation, and not in lieu thereof, at the time of building permit issuance (or if no building permit, then at time of connection or commencement of use), there shall be a system development charge, for connection to the town sewer and water systems, as a condition of service, which shall be paid in the sum as set forth by annual resolution adopted by the town council based on meter size as set forth in Table 1 of this section. If the actual water service installed is increased to provide for fire sprinkler or other approved fire suppression installation, then the public works director or designee shall determine the appropriate equivalent water service/meter factor based upon the standard installation of the use without fire sprinklers.
(2) 
All proceeds of the system development charge shall be placed in the capital improvement fund for the following uses: construction of new sewer and water facilities, repair, replacement, and maintenance of existing sewer facilities, and debt service of the same.
(3) 
The following document is herein adopted by reference and is on file at the Concrete Town Hall: “Final Report on the Town's Water and Sewer System Development Charges” dated October 2006, completed by HDR Engineering, Inc.
Table 1
Water System Development Charge by Meter Size (Inches)
Meter Size
Weighting Factor[1]
System Development Charge
5/8"
1.0
$6,290
3/4"
1.5
$9,435
1"
2.5
$15,725
1-1/2"
5.0
$31,450
2"
8.0
$50,320
Sewer System Development Charge by Meter Size (Inches)
Meter Size
Weighting Factor[1]
System Development Charge
5/8" x 3/4"
1.0
$2,650
3/4"
1.5
$3,975
1"
2.5
$6,625
1-1/2"
5.0
$13,250
2"
8.0
$21,200
[1]
Based on American Water Works Association (AWWA) safe operating capacities.
Connection and inspection prior to the town's water or sewer system must be installed and inspected prior to covering within one year from the date of payment of the system development charge. If connection has not been inspected and deemed complete by the public works director or his designee within one year of the initial system development charge payment the applicant will be required to proceed with a new water or sewer service application including repayment of the connection fees at 50 percent of the original cost. If connection has not been inspected and deemed complete by the public works director or his designee within one year and six months a new application shall be required including the payment of any system development charge. The charge to be paid shall be the most recently approved amount and shall coincide with the date of the new application.
(Ord. 591 § 1, 2006; Ord. 659, 2010; Ord. 694, 2012)
(1) 
The town may, in its discretion, enter into an agreement to provide a nontransferable credit against the system development charge authorized by CMC § 13.10.030 with any property owner or developer who is required, as a condition of connection to the town sanitary sewer or water system, to construct capital improvements included in the town comprehensive wastewater plan and water system plan (or successor plan), if such improvements have a value greater than $50,000.
(2) 
The credit shall be for benefit of the property, development or facility for which the capital improvement was required, in an amount and on terms and conditions to be determined by the town. The credit shall not exceed the lesser of:
(a) 
The value of the capital improvements to the town, less the value of the improvements which directly benefit or are required to be constructed to serve the development or facility served thereby; or
(b) 
One-half the system development charge for the benefited property.
(3) 
The credit against the general facilities charge authorized by this section shall be utilized within the time provided in the agreement, or shall be deemed waived and expired, shall bear no interest, and shall be used only for the purpose stated in this section. The credit may not be used to benefit any property or project other than as specified in the agreement. The town shall have no obligation to compensate the owner or developer under the agreement for any credit not utilized against the general facilities charge.
(4) 
The agreement authorized by this section shall be coordinated with any latecomers’ agreement, to prevent double recovery. The amount of the credit, if any, shall be determined by the town engineer. In making this determination, the town engineer may rely upon planning and engineering data, qualified professional opinions, and any other basis which is in his or her opinion appropriate. No agreement shall be binding unless in writing, approved by the town council, and executed by the mayor.
(5) 
The town is not obligated by this section to enter into any agreement with an owner or developer, nor to allow the credit authorized by this section.
(Ord. 591 § 1, 2006)
The system development charge for water and sewer imposed pursuant to this chapter shall be in addition to any permits and the connection charge or tap charge for the actual cost of connecting to the town’s water and sewer system and all other charges and fees imposed by ordinance.
(Ord. 591 § 1, 2006)
In the event any connection to the town water and/or sewer system is made without paying the fees required by this chapter, the owners of the property to which the connection is made shall be required to pay a civil penalty in the amount of $200.00. Utility service shall be terminated until all fees and penalties owing have been paid.
(Ord. 591 § 1, 2006)