HomeMy WebLinkAbout5371 ORDINANCE NO. 5371
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 15.06.020 of the
Bremerton Municipal Code entitled "Service Connection and
Expansion Fees and Charges"relating to general facility charges.
WHEREAS,the City Council desires to amend Section 15.06.020 entitled
"Service Connection and Expansion Fees and Charges" relating to general facility charges and to
make related changes; and
WHEREAS,the City Council also desires to clarify that surface area impact for
stormwater shall be considered to have paid their proportionate share of GFC for existing use as
of October 7, 2004,which is the date that general facility charges for stormwater became
effective; and
WHEREAS,the City Council also desires to clarify that the intent of the footnote
in Exhibit A"Assessments,Rates, and Charges for General Facility Charges" (the"Rate
Schedule") was to vest active pending projects in 2015 to the rates in effect in 2015 and in
addition,the Rate Schedule is being amended to remove the footnote due to the fact that the
terms of the footnote expired at the end of 2018;NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 15.06.020 of the Bremerton Municipal Code entitled
"Service Connection and Expansion Fees and Charges " is hereby amended to read as follows:
15.06.020 SERVICE CONNECTION AND EXPANSION FEES AND CHARGES
(a) General Facility Charge.
(1) A general facility charge (GFC) shall be charged on all new or expanded
service connections to the utility system (water,wastewater, and stormwater). Existing approved
connections for water and wastewater(including surface area impact for stormwater)within the
system as of the effective date of this code shall be considered to have paid their proportionate
share of the GFC for existing use. Surface area impact for stormwater as of October 7, 2004 shall
also be considered to have paid their proportionate share of GFC for existing use.
(2) The utility GFCs shall be adjusted annually as set forth in BMC 15.06.015 in
addition to any other adjustments that may be made by the City Council. GFCs shall not vest.
Any vesting requirements set forth in the Bremerton Municipal Code, including, but not limited
to BMC 20.12.170, does not apply to utility GFCs. GFCs shall be paid at the current rate in
effect at the time payment is made.
(3) Parcels and/or facilities which have had utility services but have been
inactive can request to have the inactive account reactivated. When the account is restored and/or
expanded,the GFCs shall only be charged for the additional demand placed on the water,
wastewater, or stormwater facilities. All appropriate GFCs (water/wastewater/stormwater)will
need to be paid to reactivate the services.
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(4) Parcels and/or facilities in which no utility services are present shall be
defined as new undeveloped parcels and shall receive no credits and shall pay all applicable
assessments,rates, fees, and charges.
(5) Utility services are considered to be present if a water service or a sewer
lateral is physically in place and historically served that parcel. Parcels that have utility services
currently present, buthad their facilities have been removed and new facilities constructed will
not have to pay additional GFCs,unless the meter size is increased.
(6) Change of meter size for the parcel and/or facility, or change of IHSU,
which is a reduction in GFCs will not be refunded or credited.
(7) Change of meter size for the parcel and/or facility which is an increase of
GFCs will require the customer to pay for the additional GFCs before work is performed.
Similarly, an increase in surface area impact for stormwater shall require the customer to pay the
net increase in IHSU before work is performed.
(8) The calculation of the GFC for stormwater shall be based on the total
number of IHSUs added to the parcels.
(9) The calculation of the GFC for water shall be based on the meter size to be
installed for a new or expanded water service.
(10) The calculation of the GFC for wastewater shall be based on the meter size
to be installed for the new or expanded water service.
(11) Additional loading or change of use is defined as an increased demand for
wastewater treatment from an existing building or structure. The additional loading may be the
percent(15%) or greater increase above the permitted volume or character of the wastewater
constituents being discharged.
(112) The calculation of GFCs for stormwater shall be based on the number of
impervious hard surface units OTISUs) as defined in BMC 15.01.020. However, all single-family
residential parcels as defined in BMC 15.01.020 shall be one (1) IHSU.
(123) All GFCs shall be assessed and paid at the time of execution of the utility
service agreement and prior to occupancy of the new or expanded parcel and/or facilities and
shall be in addition to rates and other fees, assessments, and charges established for utility
service. A deferral of Payment of GFC fees - ..• . for improvements
common to multiple parcels on a plat may be proportionally allocated among those parcels with
payment deferred as approved may be approved by the Director at his or her discretion through a
written agreement with the customer. Any deferment shall be in a. For those properties located
outside of the City's corporate boundaries, such written agreement shall be recorded on the
property. The agreement shall require that all deferred GFCs and related fees and costs shall be
paid prior to issuance of building permits. - _ . .. . . •- . ---• . In
consideration for the deferral,the customer shall pay the current GFC in effect at the time of
payment, as set forth in BMC 15.06.015, as well as any outstanding recording fees and other fees
and costs related to the deferral agreement.
(b) Administrative Rate Adjustment. The Director is hereby authorized to make
adjustments to the GFCs provided in this chapter and set forth in Chapter 3.01 BMC by
increasing or decreasing the amount up to fifty percent(50%)above or below the set charges in
(1) Review. Upon written application to the Director, an applicant may request
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has been calculated. If the applicant disagrees with the Director's determination,the applicant
dollar($200.00)review processing fee. The additional information shall include an analysis from
a qualified engineer that is stamped and signed, specifying the reasons why the development
demonstrating:
i. That the impact of the proposed growth related system costs of the
development to the City's utilities is less than the growth related system costs of other similar
developments; and
ii. Why a reduced GFC for the development is equitable in the specific
circumstance of the development.
(2) Final Determination. The Director may uphold the earlier determination,
revise the Director's earlier determination based on the new information or accept an alternate
(3) Appeal. The applicant may appeal the Director's final determination to the
Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. The appellant may pay the
GFC under protest during the appwl process. Appeals shall be filed within thirty(30) days
following the date of issuance of the Director's final determination. If an appeal is not timely
filed, the Director's determination shall become final. The appellant shall have the burden of
Administrative Hearing Examiner shall review and base his/her decision on the criteria
of the Administrative Hearing Examiner shall be final.
(c) Connection/Inspection Fee. A connection/inspection fee shall be charged for all
service connections to the utility system.Additional fees may be charged if a reinspection is
required as a result of the property owner/developer's failure to comply with the correction
notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe
site. The connection/inspection fee shall be paid at the time of execution of the utility service
agreement, or before building permit issuance, whichever occurs sooner.
(d) Capital Reserves. The general facility funds collected under this chapter shall be
deposited in the Utilities Capital Reserve Fund and used only for utility system capital
improvements.
SECTION 2. Rate Table Amended. The rate table for services regarding rates
and fees relating to the Department of Public Works and Utilities for general facilities charges as
established in Exhibit A of Ordinance No. 5358, is hereby amended as set forth in the attached
Exhibit A of this ordinance, said exhibit is incorporated herein by this reference.
SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to,the
correction of scrivener, clerical,typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 4. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
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validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the 31-. 01 day of 6 (Ain , 2019.
ERIC YO / GE'410louncil President
Approved this 34.°/ day of 3-w Y , 2019.
W
GREG ' EELER,Mayor
ATTEST: APPR• ' D AS TO FORM:
14 ► Oh_
ANGE OODS, City Clerk RO.ER A. LUBOVICH, f itv Attorne
PUBLISHED the 1 }-t day of u I , 2019.
EFFECTIVE the l+h day of tAtl , 2019.
ORDINANCE NO.'551 .
R:\Legal\Legal\Ordinances\Public Works&Utilities\BMC 15.06.020 GFC-Final.docx
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Exhibit A
ASSESSMENTS,RATES,FEES,AND CHARGES
EFFECTIVE January 1,2019
2019
Inside/Outside
GENERAL FACILITY CHARGES
Water based on meter size average normal flow
5/8"x 3/4" $6,074.00
1" $6,074.00
1" Commercial $8,322.00
1 1/2" Commercial $48,592.00
2" Commercial $48,592.00
3" Commercial $121,481.00
4" Commercial $242,962.00
Greater than 4" Case by Case Basis
Wastewater based on meter size average normal flow
5/8"x 3/4" $7,089.00
1" $7,089.00
1" Commercial $8,791.00
1 1/2" Commercial $49,626.00
2" Commercial $49,626.00
3" Commercial $127,611.00
4" Commercial $255,221.00
Greater than 4" Case by Case Basis
Stormwater(per IHSU) $3,261.00
The GFCs as amended and set forth in Exhibit A shall be effective January 1, 2016, January 1,
2017, and January 1, 2018 as noted, except that:
1) Projects with a complete building permit application or site development permit application
which includes utility services filed with the City on or before December 31, 2015, or projects
with land use approval granted by the City on or before December 31, 2015, shall be vested to
the GFCs in effect on the date of filing the completed application or the date approval is granted
if that amount is lower.
2)1) The Seattle Construction Index(SCI) set forth in BMC 15.06.020 shall not be applied to
the January 1, 2016, January 1, 2017 and January 1, 2018 charges as established in Exhibit A
unless otherwise approved by City Council.
Kitsap Sun
PACT Or 1 NE USA ft/DAY NEI WORK
PROOF OF PUBLICATION
ORDINANCE NO. 5371
AN ORDINANCE of the
City Council of the City of
Bremerton, Washington,
amending Section 15.06.02(
CITY OF BREMERTON EN GINEERING of the Bremerton Municipal
345 6TH STREET STE 100 Code entitled "Service Con-
nection and Expansion Fees
and Charges" relating to
BREMERTON,WA 98337 general facility charges
PASSED by the City
Council on the 3rd day of
July,2019.
STATE OF WISCONSIN,COUNTY OF BROWN
The full text of this ordi-
nance is available from the
I,being first duly sworn on oath,deposes and says:That I City Clerk's Office, 945
am now,and at all times embraced in the publication Sixth 3trSuite100,Bre-
merlon,WA A 98333?..
herein mentioned was the principal clerk of the printers and June 27,2019 #3668695
publishers of KITSAP SUN;that said newspaper has been
approved as a legal newspaper by the order of the Superior
Court of the County of Kitsap,in which County it is
published and is now and has been for more than 6
months prior to the date of the publication hereinafter
referred to,published in the English language continually
as a daily newspaper in Bremerton,Kitsap County,
Washington,a weekly newspaper in Kitsap County,
Washington and is now and during all of the said time,was
printed in an office maintained in the aforesaid place of
publication of said newspaper,that the following is a true
text of an advertisement as it was published in regular
issues(and not in supplement form)of said newspaper on
the following date(s),to wit:And on
July 6,2019
such newspaper was regularly distributed to its
subscribers during all of said period
Subscribed and sworn to before on July 8,2019
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