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HomeMy WebLinkAboutOrdinance 05-236-CCGRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 05- 2YACC RESOLUTION NO. 05436 -CC AN ORDINANCE ADDING CHAPTER 10.42 TO THE GRANT COUNTY CODE PROVIDING FOR ROADWAY CONSTRUCTION AND IMPROVEMENT REIMBURSEMENT CHARGES, REQUIRING IMPROVEMENTS TO CRESCENT BAR COUNTY ROAD AS A PREREQUISITE TO FURTHER PROPERTY DEVELOPMENT AND, OTHER MATTERS PROPERLY RELATING THERETO RECITALS: WHEREAS, certain unincorporated areas within Grant County have undergone rapid population growth and have acquired higher urban -type densities than is normal in rural settings; and WHEREAS, the Board of County Commissioners has found and determined that the public health, safety and welfare of its residents and visitors is furthered by the creation and maintenance of an efficient roadway system; and WHEREAS, Grant County desires to permit the creation and execution of latecomer agreements, to allow property owners who have installed roadway construction or other improvements, to recover a portion of those costs from other property owners who later develop property in the vicinity and use the improvements, pursuant to chapter 35.72 RCW, and WHEREAS, the Board of County Commissioners has found and determined that it is the public interest to require that developers who cause additional traffic on Grant County roads in certain areas pay their pro rata fair share of required improvements; and WHEREAS, the Board of County Commissioners has found and determined that development near certain Grant County roads will require road construction or improvement projects as a prerequisite to further property development in those areas; and, WHEREAS, the Board of County Commissioners has found and determined that development near Crescent Bar County Road will require road construction or improvement projects as a prerequisite to further property development. ROAD IMPROVEMENT REIMBURSEMENT ORDINANCE HACivil 8',M-R\Ordmances\Road Improvement Reimbursement Ordmance.doc Page I NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF GRANT COUNTY, STATE OF WASHINGTON, DO HEREBY ORDAIN AND ESTABLISH, THAT A NEW CHAPTER TO THE GRANT COUNTY CODE BE CREATED AND, THAT PURSUANT TO THIS ORDINANCE, IS HEREBY ENACTED. Section 1: The Board of County Commissioners does hereby adopt chapter 10.42 GCC, created as follows: Sections: 10.42.010 Cost Recovery Authorized 10.42.020 Definitions 10.42.030 Establishment Upon Application 10.42.040 County Funding 10.42.050 Consideration Of Sufficiency 10.42.060 Formation Of Reimbursement Area 10.42.070 Costs Eligible For Reimbursement 10.42.080 Reimbursement Assessments 10.42.090 Notice Of Assessment 10.42.100 Reimbursement To Owners/County 19.42.110 Effect Of Annexation 10.42.120 Road Improvements Required 10.42.010 COST RECOVERY AUTHORIZED In accord with chapter 35.72 RCW and, the provisions of this chapter, the Board of County Commissioners may form an assessment reimbursement area and contract for the reimbursement to the Grant County road fund and/or the owner, for the costs of Grant County road improvements required as a prerequisite to further property development. 10.42.020 DEFINITIONS For purposes of this chapter, the following terms shall have the designated meaning unless a different meaning is expressly provided (1) "Assessment Reimbursement Area" means the assessment reimbursement area for a particular road improvement or group of improvements in that geographic area adjacent to, or in the vicinity of, the road improvement(s) which includes parcels which, upon development, ROAD IMPROVEMENT REIMBURSEMENT ORDINANCE H:\Civil 8\M-R\Ordinances\Road Improvement Reimbursement Ordmance.doc Page 2 would be subject to road improvement and impact mitigation obligations pursuant to Grant County's environmental policies; Grant County's road standards, the Grant County Unified Development Code and, other land development ordinances and regulations requiring provision for similar road improvements and/or traffic impact mitigation. (2) `Benefited Property" means property which benefits from a road improvement or group of improvements where the property would require similar road improvements or traffic mitigation obligations upon development under the land development ordinances and regulations of Grant County, but will not be required to provide similar road improvements and/or traffic impact mitigation measures because theywill have already been provided for in a contract for improvements pursuant to this chapter. (3) "Development" means all subdivisions, short subdivisions, industrial or commercial building permits, conditional or special use permits, or building permits including structures, and all similar uses in unincorporated Grant County, and other similar projects requiring land use permits or approval by Grant County, except single-family residences on existing tax lots. (4) "Owner" means the owner according to the records of the Grant County Auditor's Office. (5) "Road Improvement." Means road improvement projects subject to reimbursement that may include design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls, and other similar improvements, as required by the road standards of Grant County All other words or phrases used herein will have their commonly accepted meanings. 10.42.030 ESTABLISMENT UPON APPLICATION Where the Grant County code requires public road improvements as a prerequisite to development, an owner or the director may apply, upon forms prescribed by the Public Works Director, to the Board of County Commissioners for the establishment of an assessment reimbursement area. The application shall include: (1) A detailed description of the owner's development proposal; ROAD IMPROVEMENT REIMBURSEMENT ORDINANCE H \Civil 8\M-R\Ordmances\Road Improvement Reimbursement Ordinance.doc Page 3 (2) A detailed description of the Grant County road improvements which will be or have been installed; (3) An estimate of the cost of the improvement(s); (4) A map showing the preliminary area boundaries for the specific properties the owner believes to be benefited properties in that they would require similar road improvements or road impact mitigation as a result of development; (5) A list containing the tax account number and the names and addresses of each owner of record, contract seller and contract purchaser and mortgagee, if any, of each ownership of property as shown on the tax rolls of the Grant County Treasurer within the proposed reimbursement area; (6) A statement of the estimated amount of benefit to the property owners which will accrue to each ownership, the estimated amount which should be assessed against each ownership based upon such benefits, and the basis of calculating such pro rata share of the assessment reimbursement as to each ownership within the proposed assessment reimbursement area; (7) A statement of the period, not to exceed fifteen (15) years, for which pro rata share reimbursement will be required. 10.42040 COUNTY FUNDING Grant County may participate in funding improvements specified in this chapter. As an alternative, Grant County may create an assessment reimbursement area on its own initiative, without the participation of a private property owner, finance the costs of the road or street improvements, and become the sole beneficiary of the reimbursements that are contributed of improvements; PROVIDED. that such project is identified for reimbursement on Grant County's six -(6) year transportation improvement program. The Public Works Director may initiate a request to the board for establishment of a reimbursement area. The Public Works Director may also request the Board of County Commissioners to include county funding in an owner -initiated reimbursement area. The Public Works Director will consider the general benefit, county -wide priority of the proposed road improvements, and the impacts of possible assessments upon benefited properties in considering whether or not to request Grant County's participation in funding. ROAD IMPROVEMENT REIMBURSEMENT ORDINANCE H \Civil 8\M-R\Ord1nances\Road Improvement Reunbursement Ordmance.doc Page 4 10.42.050 CONSIDERATION OF SUFFICIENCY Upon receiving an application for establishment of an assessment reimbursement area, the Board of County Commissioners will determine the sufficiency of the assessment reimbursement area proposal using the following critena: (1) The level of development existing or anticipated within fifteen (15) years based upon comprehensive plan land use designations in the assessment reimbursement area; (2) The benefit to undeveloped or underdeveloped properties compared to the pro rata share of projected costs to be assessed to that property, and the impacts of assessments upon such properties, (3) The existing and projected level of service and/or safety hazard on the Grant County road involved; (4) The condition of the roads to be improved; (5) Whether or not further development can occur without roadway improvements. Upon review of an application, the Board of County Commissioners in its discretion and considering any factors it deems appropriate, may reject an application without hearing. 10.42.060 FORMATION OF REIMBURSEMENT AREA (1) If the Board of County Commissioners finds the request to be sufficient, it may instruct the Public Works Director and Prosecuting Attorney's Office to draft an ordinance or resolution and, set a public hearing for consideration of the draft ordinance or resolution. The draft ordinance or ordinance shall constitute the preliminary determination on the assessment reimbursement area and will: (a) Define the improvements for which reimbursements are to be made; (b) Designate each reimbursement area by a separate number; (c) Describe the specific boundary of the assessment reimbursement area; (d) Define the estimated cost of the improvement and the estimated contribution thereto, if any, to be made by the county, ROAD IMPROVEMENT REIMBURSEMENT ORDINANCE H \Crvd S\M-R\Ordmances\Road Improvement Reimbursement Ordinance.doc Page 5 (e) Define what share of costs will be paid by each property ownership using a method of cost apportionment which is based upon the benefit to the property owner from the improvement(s), (f) Define when and how reimbursements are to be paid; (g) Define the conditions of participation by and reimbursement to the county and owner involved in financing the county road improvements; (h) Define any participation by the Washington State Department of Transportation provided that the Department has entered into an agreement with Grant County concerning state participation. (2) The Public Works Director will prepare and submit to the board prior to the public hearing a preliminary determination indicating the following: (a) The lots, tracts, or parcels benefited by the improvements because they would require similar improvements and similar or equivalent traffic impact mitigation upon development; (b) The estimated cost, and the method of calculating such cost, to be reimbursed upon development by each lot, tract or parcel. (3) A notice of hearing on the proposed ordinance or resolution shall be published no less than ten (10) days before the date of the hearing in a newspaper of general circulation in the area of the assessment reimbursement area (4) A notice of hearing shall be given to each owner of record of each lot, tract or parcel of land or other property within the proposed reimbursement assessment area by mailing by certified mail, said notice to each owner as shown on the tax rolls of the Grant County Treasurer's Office. The notice of hearing shall be mailed not less than twenty (20) days before the date of the hearing. (5) The notice shall refer to the proposed ordinance and designate the proposed assessment reimbursement area by number and include the information specified in subsection (2), above. (6) On the date and at the time specified in the notice the Board of County Commissioners will conduct a hearing and listen to testimony as it relates to the desirability and the sufficiency of the proposed assessment ROAD IMPROVEMENT REIMBURSEMENT ORDINANCE H.\Civil 8\M-R\Ordmances\Road Improvement Reimbursement Ordinance.doc Page 6 reimbursement area and methods of calculating reimbursement assessments and the amounts thereof. The Board of County Commissioners may continue the heanng to allow for further information to be provided. When the Board of County Commissioners has determined that adequate information has been provided it may close public testimony. (7) Following the hearing, the Board of County Commisioners may adopt an ordinance or resolution which establishes the assessment reimbursement area, determines the amount of the reimbursement assessment to be charged to each lot, tract or parcel, and provides for the payment and collection of such assessments. 10.42.070 COSTS ELIGILBE FOR REIMBURSEMENT The Board of County Commissioners may provide for the reimbursement of all or part of the costs advanced by the Grant County road fund or the owner or owner's assigns for such a Grant County road improvement project, including: (1) The cost of all the construction or improvement authorized, including that portion of the construction or improvement within the limits of any existing or newly acquired right-of-way; (2) The estimated costs and expenses of all engineering and surveying necessary; (3) All costs of acquiring necessary rights-of-way; (4) The cost of all advertising, mailing and publishing of notices; (5) The cost of legal services and any other expenses incurred by the county in connection with such construction or improvement and in the financing thereof, including the issuance of any bonds; (6) Grant County's costs of administering the fund. 10.42.080 REIMBURSEMENT ASSESSMENTS (1) Any reimbursement assessment shall be a pro rata share of costs of construction and contract administration of the improvement. The reimbursement share shall be determined by using a method of cost apportionment which is based upon the benefit to the property owner from the project. ROAD IMPROVEMENT REIMBURSEMENT ORDINANCE H:\Crvil 8\M-R\Ordniances\Road Improvement Reimbursement Ordmance.doc Page 7 (2) A separate account shall be established for each assessment reimbursement area. (3) No assessment reimbursement shall become payable to the owner or county under the assessment reimbursement contract until the property assessed is subject to development as defined in this chapter; and the ordinance or resolution forming the area shall provide that payment of the assessment is a condition of the issuance of any permit or approval of development of the property assessed. Assessment reimbursement contracts filed for record in the Grant County Auditor's Office within thirty (30) days of the final execution of the ordinance or resolution forming the assessment reimbursement area shall be binding on all owners of record within the assessment reimbursement area who are not party to the assessment reimbursement contract for the duration of the assessment reimbursement contract which may not exceed fifteen years. The Grant County Treasurer is designated to collect and reimburse assessments under this chapter. (4) If the actual costs of the project are less than the cost base utilized in determining assessments, assessments shall be adjusted downward to reflect actual costs If the costs of the project are more than the cost utilized in determining assessments, the owner shall be responsible for payment of such excess. 10.42.090 NOTICE OF ASSESSMENT (1) Subsequent to the adoption of an ordinance forming an assessment reimbursement area, the owner or owners contributing funds for the project shall agree in a signed contract for contribution of funds, construction, improvement, costs, assessment, reimbursement, administration costs, and other conditions, on a form approved by Grant County. The contract shall provide that the owner or owners agree to the reimbursement assessments and the assessment reimbursement area determined by the Board of County Commissioners as provided in the contract. Owner -Grant County contracts provided for in an assessment reimbursement area ordinance shall be approved and executed on behalf of Grant County by the Public Works Director. If the improvement is entirely funded by Grant County, such information shall be provided by notice. (2) The final contract/notice, including the assessment reimbursement area and assessment roll, shall be recorded in the county auditor's office within thirty (30) days of the effective date of the ordinance forming the area. If ROAD IMPROVEMENT REIMBURSEMENT ORDINANCE H-1Civi184M-R1Ordmances\Road Improvement Reimbursement Ordinance doc Page 8 the contract/notice is so recorded, it shall then be binding on owners of record within the assessment area who are not parties to the contract for a period not to exceed fifteen (15) years after the contract is recorded. (3) The Public Works Director will mail, by certified mail, a copy of the contract/notice to each owner of record of property within the assessment reimbursement area. (4) In the event that an owner or owners who are party to a reimbursement contract sell the property the reimbursements shall be paid to said owner or owners and not their successors unless the right to the reimbursements is assigned by said owner or owners or otherwise transferred by operation of law. 10.42.100 REIMBURSEMENT TO OWNERS/COUNTY Owners who have followed all of the procedures of this chapter and entered into a contract may be reimbursed a share of the costs which they incurred in constructing the road improvements. Such reimbursement shall be made as provided in the contract entered into pursuant to Section .090 of this chapter. Reimbursement for costs advanced by Grant County shall be provided for in said contract or notice and returned to the Grant County road fund. 10.42.110 EFFECT OF ANNEXATION Annexation to a city or town of all or a portion of an assessment reimbursement area shall not affect liability for assessment charges of properties so annexed nor responsibilities of an owner under the contract. If any property of the owner is annexed by a city or town prior to completion of construction, all responsibility of Grant County with respect to portions of the property not constructed shall cease unless a supplemental agreement is made with the annexing city or town assuring reimbursement of Grant County funds expended on the project. 10.42.120 ROAD IMPROVEMENTS REQUIRED (1) Crescent Bar Road — Development to the area of Crescent Bar Road will require road construction or improvement projects as a prerequisite to further property development. ROAD IMPROVEMENT REIMBURSEMENT ORDINANCE H:\Civil 8\M-R\0rdmances\Road Improvement Reimbursement Ordinance.doc Page 9 Section 2: This ordinance shall take effect the lj1 day of June, 2005. A public hearing was held on the above ordinance/resolution at 10:00 o'clock a.m., on the 31" day of May, 2005. NOW THEREFORE, BE IT RESOLVED AND ORDAINED THAT THE BOARD OF COUNTY COMMISSIONERS adopt this ordinance. PASSED AND ADOPTED the 3151 day of May, 2005. DATED this 1A day of June, 2005. Yea 0 M ATTEST: 4M/ arbara J. a q Clerk of the ar BOARDOFCOUNTYCOMMISSIONERS Nay Abstain GRANTCOUNTY,WASHINGTON LeRoy C. Allison, Cl—iaif ❑ ❑ Q)," 'k. In.". Deborah Kay Mo Member ❑ ❑ 1, Richard B. Stevens, Member PUBLISHED: 05/4d /05; 051P 1105 ROAD IMPROVEMENT REIMBURSEMENT ORDINANCE H \Civil 8\M-R\Ordmances\Road Improvement Reunbursement Ordinance.doc Page 10 JOHN HNODELL Pmseauting Atlemey STEPHEN HALLSTROM Chief Deputy CATHLEEN NEILS Administrative Assistant Deputies CAROLEL HIGHLAND STEVE SCOTT ALBERT LIN EDWARD OWENS TEDDY CHOW LYLIANEJ SHEETZ TERESA CHEN ERICH LEESER OFFICE OF GRANT COUNTY PROSECUTING ATTORNEY P,O BOX 37 • EPHRATA, WASHINGTON 98823 (509) 754-2011, Ext 450 • Fax (509) 754-3449 June 7, 2005 Board of County Commissioners Hand Delivered Grant County Courthouse Ephrata WA 98823-0037 RE- Road Improvement Reimbursement Ordinance Dear Commissioners. Enclosed please find the revised Road Improvement Reimbursement Ordinance ("Ordinance"), adding chapter 10 42 to the Grant County Code ("GCC"). The Board of County Commissioners ("BOCC") held a public hearing on this ordinance on Tuesday, May 31, 2005. The Ordinance has been reviewed by the Planning and Public Works Departments We discussed issues with the Planning Department this date regarding the specific chapter number for addition to the GCC and, other issues properly related thereto. The enclosed Ordinance text permits the creation and execution of latecomer agreements and, specifically calls out mandatory road improvements to Crescent Bar Road. If the Ordinance meets with the approval of the BOCC, please sign same and provide conformed copies to our office, the Planning Department, and the Public Works Department. Feel free to contact this office if you have any questions. Thank you for your courtesies. Sincerely, JOHN KNODELL Pro�u�ng Attorney Stephe'r J. Hallstrom Chief Deputy Prosecuting Attorney SJH:Jms Enc. r«- - } cc J. Scott Clark, Planning Department Director (w/ enc.) Derek E, Pohle, P.E. Public Works Director (w/ enc ) Affl: _