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“Adjacent” means abutting on public roads, streets, rights-of-way or easements in which street system improvements are installed or directly connecting to street system improvements through an interest in real property such as an easement or license.

“Assessment” means an equitable pro rata charge to be paid by an owner of property within the assessment reimbursement area for the cost of private construction of public street and/or utility system improvements made pursuant to a developer reimbursement agreement.

“Assessment reimbursement area” means that area which includes all parcels of real property adjacent to street system improvements or likely to require connection to or service by utility system improvements constructed by a developer.

“Cost of construction” is the sum of the direct construction costs incurred to construct the street and/or utility system improvements plus the City latecomer administrative fee. “Direct construction costs” include environmental mitigation, relocation and/or new construction of private utilities as required by the City (i.e., power, telephone, cable and gas), relocation and/or installation of street lights, relocation and/or installation of signage, acquisition of right-of-way and/or easements and the actual labor and material construction costs incurred by the developer.

“Developer” is the individual or entity that contracts with the City for the construction of street and/or utility system improvements, where such improvements are a requirement for development of real property owned by such entity or individual. As permitted by RCW 35.72.050 and 35.91.020, the City, or other public entity, may join with or be construed as a “developer” for the purpose of recovery of street or utility system improvement costs.

“Developer reimbursement agreement” means a written contract between the City and one or more developers providing partial reimbursement for the cost of construction of street system improvements and/or utility system improvements to the developer by owners of property who are likely to utilize the improvements and who did not contribute to the original cost of construction. Where the City has elected the alternative financing method as provided in RCW 35.72.050 or 35.91.020, the developer reimbursement agreement shall be between the City, as the developer, and the adjacent property owners for the construction or improvement of street system or utility system improvements within the City.

“Direct connection” means a service connection, to be owned and maintained by the property owner and not the City, from existing or new utility improvements.

“Latecomer fee” means a charge collected by the City against a real property owner who:

(a) Connects to or uses the utility system improvement where fees are separately stated, or is a part of a connection fee or other fee for providing access to the City’s utility system;

(b) Receives a building or development permit for real property located adjacent to, or having access to the street system improvement constructed under this chapter; or

(c) Receives a building or development permit for real property located within the assessment reimbursement area which is subject to an agreement created under this chapter.

“Street system improvements” means public street and alley improvements made in existing or subsequently dedicated or granted rights-of-way or easements and any improvements associated therewith including but not limited to such things as acquisition of right-of-way and/or easements, design, engineering, surveying, inspection, grading, paving, installation of curbs, gutters, pedestrian facilities, street lighting, bike lanes, and traffic control devices, relocation and/or construction of private utilities as required by the City (i.e., power, telephone, cable and gas), relocation and/or construction of street lights, traffic control devices, signage and other similar improvements.

“Utility system improvements” mean public water, sewer and storm drainage system improvements as defined by RCW 35.91.015, which shall include but not be limited to the acquisition of right-of-way and/or easements, design, engineering, surveying, inspection, testing, connection fees, and installation of improvements as required by the City, and includes but is not limited to the following, by utility type:

(a) Water system improvements, including but not limited to such things as treatment facilities, reservoirs, wells, mains, valves, fire hydrants, telemetry systems, pumping stations, and pressure reducing stations;

(b) Sewer system improvements, including but not limited to such things as treatment plants, gravity mains, lift stations, force mains, and telemetry systems; and

(c) Storm sewer system improvements, including but not limited to such things as water quality structures and systems, detention and retention facilities, and storm water collection and conveyance facilities. [Ord. 4156, 2014; Ord. 3709 § 1, 2004; Code 1970 § 14.12.020.]