14.02.040 Application for latecomer agreement.
A. Any developer using private funds to construct street system improvements and/or utility system improvements in the city may apply to the city for a latecomer agreement in order to recover a pro rata share of the costs of construction from other property owners that will later connect to or use the street and/or utility system improvements made by developer.
B. In addition to the latecomer application, the applicant must apply for and obtain a public facilities construction permit and agreement and must meet all of the design standards and requirements applicable to street and utility improvements contained in the city’s ordinances.
C. The application for a latecomer agreement shall be made before the street and/or utility system improvements proposed for construction are approved by the city through the issuance of a public facilities construction permit; provided, that for improvements approved under a public facilities construction permit issued prior to July 9, 2014, the application for a latecomer agreement may be made within 30 days after the date that such completed improvements have been accepted by the city. Acceptance by the city shall mean, for purposes of this section, the date the public facilities are conveyed to the city by a deed of conveyance or other equivalent written document. Application shall be made on forms prepared by the public works department and shall be accompanied by the city application fee set forth in BMC 14.02.170. The application shall contain the following information, which shall be approved by a state of Washington licensed engineer:
1. A legal description of the developer’s property.
2. A legal description of the properties within the developer’s proposed assessment reimbursement area together with the name and address of the owners of each property as shown in the records of the assessor’s office of Whatcom County.
3. Vicinity maps, stamped by a state of Washington licensed civil engineer or surveyor, depicting the developer’s property, the proposed improvements, and the proposed assessment reimbursement area.
4. Statement from a state of Washington licensed contractor or civil engineer containing an itemized estimate of the total projected cost of construction.
5. The developer’s proposed allocation of the cost of construction to the individual properties within the proposed assessment reimbursement area and the method used for such allocation.
D. Within 30 days of the public works department receiving the application for a latecomer agreement, the public works department will provide the applicant written notice of whether the application is complete and, if incomplete, what must be done for the application to be considered complete. The applicant will have no more than 30 days from the date of the written notice to respond and provide the information required to complete the application or, if the applicant cannot submit the required information within the 30-day period, the applicant shall provide the city a written explanation of why they cannot provide the information within the designated time period and a date that the requested information will be submitted. In its discretion, the public works department may grant the applicant an extension of not more than 60 days to submit the required information. If the applicant fails to meet the foregoing time frame, the public works department may, in its discretion, reject the application as untimely.
E. The public works director may establish policies and procedures for processing applications and complying with the requirements of this chapter. [Ord. 2014-06-033; Ord. 2004-01-003 § 3; Ord. 10906 § 2, 1997].