13.10.050 Latecomers Agreement – General Terms.
The following general terms and conditions shall apply to Latecomers Agreements entered into pursuant to this Chapter:
A. Construction of the Improvements shall be at the applicant's expense.
B. All construction shall be in accordance with the USP, the Capital Facilities Plan, any approved Sewer Facility Plan, and Pierce County Sewer Standards.
C. Each and every parcel along the alignment of the proposed Improvements must be provided a side sewer stub for future connection. Prior to Sewer Facility Plan approval, the applicant will be required to contact the property owners located adjacent to the public sewer facilities to determine where the adjacent property owners prefer to have their side sewer stubs located. Contact shall be, at a minimum, through a certified letter to the owner of record of the properties, as indicated by the County Assessor-Treasurer's records. The applicant shall maintain a record of contacts with adjacent property owners and submit a listing summarizing the results of the applicant's efforts to contact adjacent property owners, including the property owner's preferred location of the side sewer stub. The preferred stub locations must be included on the Sewer Facility Plan prior to approval. Written waivers may be granted at the Director's discretion in instances where a side sewer stub is not likely to be utilized. Side sewer stubs will not be permitted to properties located in a rural designated area. This provision shall not apply to side sewer stubs or sewer main stubs extending out of manholes. In the case of manholes, the County reserves the right to require the applicant to provide, without direct compensation, side sewer stubs or sewer main stubs from manholes. The costs of installing side sewer stubs and sewer main stubs shall be included in the costs subject to reimbursement under the Latecomers Agreement.
D. Where a Latecomers Agreement is in force, the Department shall not allow any property owner within the Tributary Service Area to connect to the Improvements without payment to the Department of the connection charges at the time and manner required by PCC 13.04.070, in addition to all other costs and charges assessed for such use or connection, including their Pro Rata Share of the Total Eligible Construction Cost plus an annual adjustment for inflation calculated as required by PCC 13.10.050 D.1. In addition, connection charges for properties located within the Tributary Service Area shall include an Administrative Fee equal to 5 percent of their total Area Charge and Pro Rata Share to cover the costs of administering the applicant's Latecomers Agreement with the exception that an Administrative Fee shall not be added to the connection charges associated with the Development. No charges or fees collected from any property within the Tributary Service Area other than their Pro Rata Share of the Total Eligible Construction Cost shall be utilized to reimburse the applicant.
1. The Pro Rata Share shall be adjusted annually by the same amount as the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Seattle-Tacoma-Bellevue Metropolitan Statistical Area for the preceding year. A 20-year reimbursement schedule for the Pro Rata Share shall be set forth and authorized by contract or agreement.
E. The Total Eligible Construction Cost shall only include the following items:
1. Sewer design work limited to 10 percent of the Total Eligible Construction Cost. Sewer design work shall include the following:
a. Preparation of Conceptual Sewerage Plan and proposed Tributary Service Area map, including the engineering report and costs associated with a comprehensive plan amendment, if required;
b. Survey work, including 2-foot interval topography, boundary, and right-of-way determination;
c. Engineering design of public sewer facilities to the required specifications;
d. Coordination of sewer design approval with other Pierce County departments and outside agencies, including permits or approvals for wetlands, shoreline, steep slope, and/or other sensitive-critical areas;
e. Coordination with the appropriate agency for right-of-way access, easement, or permitting requirements;
f. Costs associated with contacting potential users of the Improvements for the purpose of locating side sewer connections; and
g. Preparation of construction cost estimate.
2. Property acquisition done in accordance with County guidelines, including reasonable costs associated with collateral agreements whereby improvements to property are performed in exchange for granting of easement rights. The County reserves the right to require the applicant to obtain an appraisal of the easement property in question at the applicant's expense.
3. Legal fees associated with easement or property acquisition for the actual sewer facilities, including preparation of the legal description in support of the easement or property acquisition.
4. Construction costs including labor, materials, construction management, construction staking, and sales tax.
5. Construction testing related to construction of the Improvements.
6. Preparation of as-built drawings, and operations and maintenance manuals.
F. It is entirely within the Department's discretion whether it elects to allow the construction of temporary sewer facilities that are not in accordance with the USP, the Capital Facilities Plan, any approved Sewer Facility Plan, and Pierce County Sewer Standards. If the Department permits the applicant to construct temporary sewer facilities which are sized smaller or at depths higher than those required to provide permanent sewer service to all the properties in the Tributary Service Area, then the cost associated with the construction of the temporary sewer facilities shall not be eligible for reimbursement unless the County requires that the temporary sewer facilities be upsized or constructed at a depth lower than that required to serve the Property in accordance with Pierce County Sewer Standards. Only construction costs that are associated with the additional capacity and depth can be included in the Total Eligible Construction Cost.
G. The Latecomers Agreement shall provide for a reimbursement period of 20 years from the date of final acceptance of the improvements by the Department pursuant to RCW 35.91.020.
H. Every two years from the date of execution of the Latecomers Agreement, the applicant must provide the Department with a contact name, address, and phone number during the term of the Latecomers Agreement. If this contact information changes, the applicant must send updated information to the Department by certified mail, return receipt requested, to the Department. If the applicant fails to comply with this requirement, the applicant may forfeit its reimbursements to Pierce County during the period of non-compliance pursuant to RCW 35.91.020(6).