A. An applicant may request that a credit or credits for their sewer connection charge be awarded for the total value of system improvements, including dedications of land, improvements and/or construction provided by the applicant. Credits will be given only if the land, improvements, and/or the facility constructed are for one or more of the system improvements listed in the rate study as the basis for calculating the sewer connection charge or if, in the opinion of the director, project improvements benefit the public sewer system.

B. The director shall determine if a request for credits meets the criteria in subsection (A) of this section, or under other applicable law.

C. Each request for a credit or credits shall include a legal description of the dedicated land, a detailed description of improvements or construction provided, and an adequate description of the development activity to which the credit will be applied.

D. For each request for a credit or credits, the director shall determine the value of the dedicated land, improvements, or construction on a case-by-case basis. In the event that the applicant disagrees with the director’s valuation, the applicant may submit an appraisal for the director’s consideration prepared by a state-certified appraiser holding an MAI (Member of the American Institute of Appraisers) designation and/or a construction estimate prepared by a licensed engineer in good standing pursuant to Chapter 18.43 RCW, in the category for the property to be valued, and who does not have a fiduciary or personal interest in the property being appraised or valued.

E. The appraiser and/or licensed engineer shall be directed to determine the fair market value of the total value of the dedicated land, improvements, and/or construction provided by the applicant. The applicant shall pay for the actual costs for the appraisal or valuation.

F. A credit shall also be granted for legally occurring sanitary sewer flows originating from the site prior to the requested development activity. The applicant shall submit with their ERU calculation in LMC 14.51.040(B) flow calculations that quantify the prior site sanitary sewer flow and ERU. This prior flow ERU shall be a credit towards the flow ERU generated by the proposed development activity.

G. After receiving and reviewing the appraisal, valuation, and/or prior site flow calculations the director will determine the dollar amount of any credit, the basis for the credit, the legal description of the real property dedicated where applicable, and an adequate description of the system improvement to which the credit may be applied with issuance of the building permit. If the total value of any such credit exceeds the amount of the sewer connection charge obligation, the developer will not be entitled to reimbursement of the difference.

H. Any claim for credit must be made before payment of the sewer connection charge and prior to the issuance of the building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit.

I. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in LMC 14.51.090. (Ord. 3286 § 2, 2018)