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These charges will be determined by the director and any decision may be appealed to the hearing examiner for final determination.

A. System Development Charges. System development charges shall be assessed at time of application for a new service connection to a utility system of the city of Monroe or at time of issuance of a building permit or change of use permit when utility system use is expected to increase. No refunds will be given if a change of use or occupancy causes the expected utility system usage to decrease. City of Monroe utility system development charges shall be as established by the city council by periodic resolution.

1. Water and Sewer. The amount set by such resolution for water and sewer system development charges shall be the amount paid per meter capacity equivalents (MCEs). Residential structures shall be charged for one MCE per dwelling unit. MCEs for nonresidential structures shall be based on the size of the water meter needed to supply the customers calculated peak demand:

Meter size

MCEs

5/8 x 3/4 inch

1

1 inch

2.5

1.5 inches

5

2 inches

8

3 inches

16

4 inches

25

6 inches

50

8 inches

80

2. Stormwater. The amount set by resolution for stormwater system development charges shall be determined by the number of equivalent residential units (ERUs) contained therein; two thousand five hundred square feet of impervious ground cover shall equal one ERU. All detached single-family residences and mobile homes are deemed to contain one ERU. For all other developed real property the ERUs shall be based on the number of square feet of impervious ground cover on each property divided by two thousand five hundred square feet/ERU; the total thus obtained will be rounded to the nearest tenth. Each developed parcel of property shall be deemed to contain a minimum of one ERU.

3. Exceptions.

a. One-bedroom or studio residential units located in the downtown commercial zone shall be charged for 0.333 MCE per unit.

4. Exemptions.

a. Accessory Dwelling Units. Permitted accessory dwelling units (as defined in MMC Title 22) contained within the structure of the primary dwelling unit or detached from the primary dwelling unit shall be exempt from system development charges if using the same water meter as the primary dwelling unit.

b. Homeless Transitional Shelters.

i. The utility system development charge imposed by subsection (A) of this section shall not apply to transitional housing for homeless persons operated by federal, state, county or municipal agencies or public benefit nonprofit corporations. In order to qualify for this exemption, the transitional housing must focus upon providing counseling, training and/or opportunities to the homeless to enable them to find employment and support themselves. All persons who use the transitional home shall either be homeless individuals, support staff or others involved in the operations of the shelter. For purposes of this section, homeless persons shall be deemed to be individuals who do not have the resources for a fixed place to sleep at night. Such persons must qualify as “very low-income” individuals as defined in the city of Monroe comprehensive plan.

ii. As a condition of granting this exemption, the property owner shall record a covenant prepared by the city that provides that if the use is subsequently changed in a manner that no longer qualifies it for the exemption in subsection (A)(4)(a) of this section, this section shall be applied at the time the exempted use was changed as if the exempted use had never occurred. Under these circumstances, system development charges assessed for a change in use shall be based upon the change in use from the use immediately preceding the exempted use to the use to which the exempted use was converted. Similarly, if the exempted use was the first utility use of the property, the system development charges assessed at the time the exempted use is changed shall be assessed as if the changed use were the first utility use of the property.

iii. This exemption shall only apply to the first thirty meter capacity equivalents (MCEs) that qualify. Any exempted uses that are subsequently discontinued shall not qualify as one of the thirty MCEs.

5. Reduction of System Development Charges.

a. Affordable Housing – Downtown Commercial Zoning.

i. The utility system development charge imposed by subsection (A) of this section shall be reduced by eighty percent for affordable housing located in the downtown commercial zoning district. For purposes of this section, “affordable housing” shall mean residential units: (A) that are occupied by renters having an annual household income of sixty percent or less of the Snohomish County area median income estimate for the Seattle-Bellevue, WA HUD Metro FMR Area as published by the Department of Housing and Urban Development, and (B) for which the monthly rental amount is no more than thirty percent of the household income.

ii. As a condition of qualifying for the affordable housing reduction authorized by this section, the property owner shall record an instrument prepared by the city attorney, which shall contain the following content, in addition to any other provisions deemed necessary and appropriate by the director:

(A) The amount of the utility system development charges that would apply pursuant to subsection (A) of this section without the affordable housing reduction authorized under this section.

(B) The amount of the affordable housing reduction authorized by this section.

(C) A requirement that if the use of the underlying property is changed in a manner that no longer qualifies for the affordable housing reduction, the property owner shall immediately remit payment to the city of the difference between the amounts of subsections (A)(5)(a)(ii)(A) and (B) of this section, together with interest calculated at twelve percent per annum, or the highest legally available amount, whichever is greater, beginning on the date of execution of the covenant.

(D) A requirement that the covenant will run with the title of the property and bind future owners thereof.

(E) A provision allowing for specific enforcement of the restrictive covenant required pursuant to subsection (A)(5)(a)(ii) of this section until the payment required pursuant to subsection (A)(5)(a)(ii)(C) of this section has been remitted in full.

(F) Appropriate provisions for jurisdiction, venue, governing law, and attorneys’ fees recoupment for the prevailing party in any litigation arising out of the covenant.

iii. There is no requirement for the reduced portion of the utility system development charges to be paid or otherwise reimbursed from public funds.

B. Front Footage Fees. All connection charges for utility service from mains owned by the city outside of the boundaries of local improvement districts and not subject to a recovery contract shall be computed at a rate of three dollars per linear foot for all installations completed prior to January 1, 1970. For all water mains owned by the city, installed after January 1, 1970, outside of the boundaries of local improvement districts and not subject to a recovery contract, the connection charge shall be based on the actual construction cost per front foot as established by the director. These front-footage charges are declared to represent a fair pro rata share of the cost of construction for an eight-inch main with appurtenances, without regard to the actual size of mains constructed. The revenues collected from these connection charges shall be deposited in the capital improvement fund.

C. Meter Fees. Fixed and other charges for water meter installations shall be established by the city council by periodic resolution.

In any instance where the actual cost to the city for the necessary material, labor, administration, equipment rentals and equipment used exceed the above stated charge, then the charge shall be equal to said cost of labor, materials and expenses as determined by the director.

Upon application for utility connection the city will specify the minimum size of the meter to be installed.

In any case where meters are being exchanged for larger or smaller meters, at the request of the customer and at their expense, then there shall be allowed to the customer a credit exchange as established by the city council by periodic resolution. (Ord. 016/2021 § 2)