Latecomer Agreements Washington State

D. Within 30 days of receipt of the late agreement application from the Department of Public Works, the Department of Public Works must inform the applicant in writing whether the application is complete and, if incomplete, what must be done to have the application considered complete. The applicant shall have no more than 30 days from the date of the written notification to reply and provide the information necessary to complete the application, or, if the applicant is unable to provide the required information within the 30-day period, the applicant shall provide the city with a written explanation of why it cannot provide the information within the specified period, and a date on which the requested information is transmitted. The Department of Public Works may, at its discretion, allow the applicant a maximum of 60 days to provide the necessary information. If the applicant does not meet the above deadline, the Public Works Department may, at its discretion, reject the application as overdue. A. Notice to Owners. The City notifies owners who are registered in the repayment area of the assessment specified in the draft delay agreement and notifies them of a public hearing with City Council in accordance with CMF 14.15.050. The registered letter must include the following: Within 20 days of receipt of the late agreement request, the City will determine whether the application is complete and whether the improvements proposed in the application are refundable.

If the application is complete, the City will send written notice to the proponent of the complete application. If the application is incomplete, the City will notify the proponent in writing of the additional information required. The applicant shall have no more than 30 days from the date of the written notification to reply and provide the information necessary to complete the application. If the developer does not meet the above deadline, the city may reject the application. If the proposed improvements are eligible for reimbursement, the City will create a draft latecomer agreement based on the complete application. (Ordinance 1853 § 1, 2014; Ord. 1845 § 1, 2014. Formerly 17.26.050) A. To be eligible for reimbursement under a delay agreement approved by city council, a system must comply with all municipal ordinances, rules and by-laws regarding the design and construction of water and/or sewer systems. How is the original owner remunerated? RCW 35.91.040 states that no one may connect to water or sewer facilities during the term of the agreement under a latecomer agreement without first paying the amount required in the agreement to the city, city or county. Funds received under a latecomer agreement must be disbursed within 60 days in accordance with the terms of the agreement.

If the connection to a contracted water or sewer system was made without payment, the city, city or county may remove the unauthorized connection and all connecting tiles or pipes located in the facility and dispose of unauthorized materials without any liability. One. “Assessment” is a reasonable charge in proportion to the cost of public or private construction of improvements to public roads and/or utility networks payable by an owner of land that benefits from such improvements. Valuations are determined under a latecomer agreement registered for the beneficiary asset. The assessment has the same meaning as the “delay fee” for procurement improvements as defined in rcW 35.91.015(1) and/or the “reimbursement” for road improvements as described in Chapter 35.72 RCW. Can WSDOT participate in a latecomer agreement or create a latecomer agreement and can it be the sole beneficiary of refunds? Yes. RCW 35.72.050 authorizes participation in WSDOT in the same manner and is subject to the same restrictions as cities, municipalities or counties. However, the corresponding city, city or county must act as a WSDOT agent through an interlocal agreement.

F. A provision requiring the beneficiary of the latecomer agreement to provide updated contact information in accordance with SMC 13.40.130. (Order 2558 § 1 (Part), 2016) 3. Environmental maps stamped by a Washington State Civil Engineer or Licensed Surveyor representing the developer`s property, proposed improvements, and the area of reimbursement for the proposed assessment. The applicant for a latecomer agreement under this chapter shall reimburse the City for all administrative and professional costs incurred in reviewing and processing the application and preparing the agreement. At the time of application, a fee of $500.00 will be filed with the city. If the actual cost is more than $500.00, the applicant will refund the difference to the city before the contract can be registered. (Ord. 2558 § 1 (part), 2016) a. If the municipal council determines that the revised draft agreement on latecomers meets the requirements of this chapter and that, despite the revisions, the improvement of the road network or public services will serve the use and interest of the public, it shall instruct the Director of Public Works to prepare the final agreement and any other document necessary for registration. This will be the final decision of the Council. Any valuation set out in the committee`s latecomer agreement will bear interest from the date of registration of the latecomer agreement at an interest rate set at the Federal Reserve`s interest rate on a two-year treasury bill determined on the date of registration of the latecomer agreement.

(Ordinance 1853 § 1, 2014; Ord. 1845 § 1, 2014. Formerly 17.26.120) Requests for the conclusion of a latecomer`s agreement must be accompanied by the application fee in accordance with SMC 13.40.090 and must contain the following points: A. The payment of late fees, as set out in this section, must be sent to the City in accordance with the rules of the City. How are the costs due under a latecomer`s contract determined? This must be determined by an engineer`s estimate, which must include the proportional share due by landowners in accordance with RCW 35.91.050. One. By processing and imposing repayment obligations on developers in this chapter, the City does not guarantee the payment of notices through late agreements or the applicability of the reviews or the applicability of the late agreement or the amount of the assessment (the assessment amounts) to such persons or real property. The City`s offices or finances will also not be used for the performance or collection of obligations under the LateComer Agreement beyond those expressly entered into by the City herein. It is the duty of a promoter to use all available means to enforce the payment of contributions to late agreements; and developers are hereby authorized to take such action.

The City is not responsible for finding a beneficiary or survivor eligible for an assessment through or through a latecommitment agreement. B. Payment. The City does not issue a building permit or building permit or similar building permit, nor does it grant permission to use water or sewer services unless it has received full payment of the assessment, including interest, applicable to the land connected or using the road and/or improvements to the utility system built by the developer, provided that the validity of the latecomer`s agreement is contested. The City reserves the right to grant any permit, permit or permission without liability or prejudice to the City and without prejudice to the rights or remedies of the developer under this chapter or otherwise under the law or equity. C. A map showing the proposed boundaries of the parcels to be the subject of the latecomer`s agreement and a legal description of each individual parcel located in that area. This map shows the location of the water supply and/or sanitation project in relation to the land in that area; C.

If the latecomer fee has been paid for a particular lot or parcel, the Department of Public Works will provide proof of payment to the owner of the land or parcel and, within 30 days, note a release including the legal description of the property or parcel to the Pierce County auditor. (Order 2558 § 1 (Part), 2016) B. The proponent submits an application for a delay agreement to the Department of Public Works at the time of submitting the construction drawings to the city […].