Chapter 9.12 - DEVELOPER REIMBURSEMENT

The district has the authority to require reimbursement to be paid to an extending developer by property owners desiring to connect to the district water or sewer system. Any such reimbursement should be made by agreement substantially in conformance with the reimbursement agreement included within the developer extension agreement for water and/or sewer system extensions referred to in Chapters 9.04 and 9.08 of this code, respectively. The reimbursement process and agreement shall be in compliance with Chapter 57.22 RCW and shall be recorded with the county auditor following final execution. The reimbursement payment shall be in addition to other connection fees and charges required by the district. (Res. 635 § 6 (part), 2004)

Prior to execution of any reimbursement agreement, the district shall identify those properties benefited by the subject water and/or sewer extension project and calculate the preliminary reimbursement liability for each such property; provided that only properties adjacent to the project shall be deemed benefited by construction of local facilities. The benefited properties shall be included within a preliminary benefit reimbursement area which shall be delineated by map. The preliminary benefit reimbursement area and the preliminary reimbursement liability for each property therein shall be approved by resolution of the board. (Res. 635 § 6 (part), 2004)

• A. Notice to Property Owners in Benefit Area. Upon approval of a preliminary benefit reimbursement area by the board, the district shall mail notice of the amount of the preliminary reimbursement liability against each property therein to the developer and all property owners of record within such area. The notice shall advise notice recipients of their right, within twenty days of the date of mailing of such notice, to make written request for a hearing before the board. In the event no timely written request for public hearing is received as required, the preliminary benefit reimbursement area and the preliminary reimbursement liability for each property therein shall become final.
• B. Public Hearing. If the developer or any property owner within the preliminary benefit reimbursement area requests a hearing in writing within twenty days of the mailing described in subsection A of this section, a hearing shall be held before the board as soon as practicable. Written notice of such hearing shall be mailed to the developer and the property owners of record within the preliminary benefit reimbursement area. After the public hearing, the board may approve, reject or modify the preliminary benefit reimbursement area and the preliminary reimbursement liability for any or all property within such area or may remand the matter to the general manager for further work and review. Following completion of any work directed by remand, a new notice and public hearing shall be scheduled in accordance with this section.
• C. Final Decision of Board. The board's final decision on the benefit reimbursement area and on the reimbursement liability for each property therein shall be adopted by resolution and any reimbursement agreement with the developer shall conform therewith.

(Res. 635 § 6 (part), 2004)