13.04.070 Connection Charges.
A. Connection Charges – General. The owner of any development within the Sewer Service Area receiving permanent sewer service through the formation of a ULID, by connection to an existing ULID, or by the extension of or connection to the public sewer system shall be required to pay connection charges. Except as otherwise provided in PCC 13.04.075 and 13.04.077, all connection charges shall be paid in full as follows:
1. All latecomer charges for residential and commercial development shall be paid prior to sewer line extension or sewer service permit issuance, whichever comes first.
2. All other connection charges for residential development shall be paid prior to sewer service permit issuance;
3. All other connection charges for commercial development within unincorporated Pierce County shall be paid prior to final building inspection; and
4. All other connection charges for commercial development within a city or town shall be paid prior to sewer service permit issuance.
B. Mode of Connection Charges for Non-ULID Development. Except as provided in PCC 13.04.077 and 13.04.085 E., the method or mode of determining the required connection charges to pay the cost of providing permanent sewer service to a given service area or development not located within a ULID shall be determined by dividing the total cost of providing the service into three categories and developing respective charges for each category as prescribed in PCC 13.04.080. The three categories of connection charges include the area charge, latecomers charge, and treatment plant capacity charge. For purposes of calculating connection charges under PCC 13.04.080, the following terms are defined:
1. Area Charge. The area charge shall be defined as a portion of or all the capital cost(s) associated with all pump stations, force mains, collector and interceptor lines, appurtenances, and any incremental capital costs associated with the public sewer facilities and may include other capital costs deemed appropriate by the Director.
2. Latecomers Charge. The latecomers charge shall be defined as a portion of or all the capital costs associated with applicant-funded public sewer facilities for which the County has contractual obligations to reimburse the applicants from a portion of the connection charges paid by property owners within a designated area that is served by the applicant-funded public sewer facilities. Any capital costs associated with County participation in these public sewer facilities shall be included in the capital cost associated with the formulation of the area charge, except as provided in PCC 13.04.077 and 13.04.085 E. The Latecomers Charge shall also include an administrative fee as calculated pursuant to PCC 13.10.050.
3. Treatment Plant Capacity Charge. The treatment plant capacity charge shall be defined as a portion of or all the capital cost(s) associated with the treatment of wastes and the disposal of wastewater treatment by-products and may include other capital costs deemed appropriate by the Director.
4. Capital Cost. The capital cost shall be defined as those costs associated with all design, engineering, construction, inspection, financing, latecomer carrying, and administrative costs and any other such costs mandated either now or in the future by federal, State, and/or local government agencies that are associated with the following types of public sewer facilities:
a. Existing County-funded public sewer facilities;
b. Existing undersized ULID-funded facilities that benefit non-ULID properties;
c. Existing applicant-funded public sewer facilities for which the County reimbursed the applicant for all or a portion of the capital costs; and
d. Future County-funded public sewer facilities as prescribed in the most recent version of the USP or the County's Capital Facilities Plan.
5. Interest Rate. The interest rate shall be defined as the annual cost to the Department for borrowing funds in any given year.
6. Bond Interest Rate (BIR). The bond interest rate shall be defined as the percent interest on borrowed funds if the Department sold bonds to finance public sewer facility construction in January of each year following year zero and shall be established by the Department yearly.
7. Year Zero. The year zero shall be defined as the year in which all public sewer facility construction (for a single ULID or other permanent public sewer facility capital construction project) is completed.
8. Carrying Costs. The carrying costs shall be defined as all financing costs incurred by the Department resulting from the capital costs associated with a public sewer facility after the facility is built, financed, and operating. These costs shall be established by the Department in January of each year following year zero.
9. Consumer Price Index. The Consumer Price Index for All Urban Consumers (CPI U) shall be defined as the data published by the Bureau of Labor Statistics (BLS) to measure changes in the prices of goods and services for the Seattle-Tacoma-Bremerton Standard Metropolitan Statistical Area (or succeeding index).
C. Mode of Connection Charges for ULID Development. After the official assessment roll for any ULID has been confirmed, any additional connection charges imposed on any development within the ULID shall be calculated as prescribed in subsection B of this Section.
D. Exceptions to Mode of Assessment. When special conditions or circumstances exist, the County may allow deviations from the mode of assessment as prescribed in the specific ordinance that created the ULID, or charge in lieu of assessment as prescribed in subsection B of this Section, provided that the deviation is consistent for all development within a given service area and that the deviation and resulting mode of assessment, or charge in lieu of assessment, is specifically defined in a County ordinance.
E. Latecomers Agreements. If an applicant constructs public sewer facilities with capacity in excess of that required to serve the applicant's property, the applicant may be eligible to apply for a Latecomers Agreement with the County pursuant to Chapter 13.10 PCC.
F. Area Charge Adjustment for Critical Areas and Open Spaces. If any property seeking connection to the public sewer system contains areas within it that are not capable of development due to the existence of wetlands, flood hazard areas, fish and wildlife habitat areas, aquifer recharge areas or geologically hazardous areas (collectively known as critical areas), or has voluntarily set aside certain portions of the property for open spaces as shown on a project plans, and the method prescribed in this Section or in any County ordinance uses the site square footage as a factor in the calculation of the area charge, the square footage of the critical areas may be excluded from the total square footage of the property for purposes of calculating the area charge component of the connection charges. If the ordinances and regulations governing critical areas are amended or repealed such that the area subject to exclusion can be developed, then subsequent connection charges shall include the area previously excluded. Critical areas or open spaces may not be excluded if the areas are used in calculating density to meet a particular zoning criteria for developing the property. Nothing in this Section shall preclude the use of the area charge formula described in PCC 13.04.080 in the calculation of connection charges for a particular property.
G. Expansion or Increase in Residential Equivalents. If any property already connected to the public sewer system expands its use or produces increased wastewater discharges which are greater than the number of RE units previously purchased for the property through connection charges or ULID assessments, the Department shall have the right to require that the owner of the property pay additional connection charges or pay additional usage charges as allowed under PCC 13.04.077. Such additional connection charges shall only be imposed for the net increase over and above the number of RE units for which the property has been assessed or for which connection charges are already being paid or for which usage charges are already being paid on a monthly basis. Any property owner who fails to pay these additional connection charges is subject to the provisions in PCC 13.04.090.
H. Excess BOD or TSS Charges. If any property already connected to the public sewer system produces wastewater discharges with BOD and/or TSS levels which are greater than those levels previously estimated or approved for the property, the Department shall have the right to require that the owner of the property pay additional connection charges. Such additional connection charges shall only be imposed for the net increase over and above the BOD and/or TSS levels for which the property has been originally assessed or for which connection charges have already been paid or for which usage charges are already being paid on a monthly basis. Any property owner who fails to pay these additional connection charges is subject to the provisions in PCC 13.04.090.
I. Mode of Connection Charges for Development Outside Sewer Service Area. The method or mode of determining any connection charges to pay the cost of providing permanent sewer service to development outside the Sewer Service Area shall be determined and set forth as part of the contract with the municipal corporation having authority for providing sewer service to the development.
J. Annual Adjustments. Each year, any annual adjustments to the connection charges in this Section shall be brought forth by ordinance for consideration by the Council concurrent with the annual adoption of the Pierce County budget.