603 Amending Sewer Tap-in CITY OF YELM
ORDINANCE NO. 603
An ORDINANCE amending Section 14.08.110 of the Yelm Municipal Code
and adding Sections 14.08.160(C), 15.32.240(C), 15.32.250(D), and
14.08.140(D) to the Yelm Municipal Code relating to sewer tap-in
requirements in floodplains, wetlands, prime agriculture, and important
farmland properties.
WHEREAS, the City Council makes the following findings of fact:
1. To be consistent with the requirements of the Rural Development loan
authorizing the City to finance its sewage treatment facility, it is necessary to make
certain amendments and additions to the Yelm City Code.
2. A Determination of Nonsignificance (DNS) regarding the proposed Code
amendments and additions was issued on August 8 , 1997.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON
DOES ORDAIN as follows:
SECTION 1. Anew section "C" is added to Yelm City Code 14.08.160, as follows:
14.08.160 Frequently Flooded areas.
C. Tap-In Restrictions.
1. Applicability. Tap-In Restrictions apply to lands mapped by FEMA
(Federal Emergency Management Act) as 100-year floodplains, identified as of RD (U.S.
Department of Agriculture Rural Development) funding obligation date, July 30, 1997.
Tap-In Restrictions will be enforced to deny future sewer connections to the system,
when verification is not made by applicants, that planned improvements to properties
requesting connection to the system, will be constructed outside the 100-year floodplain.
2. Exceptions. An exclusion to these Tap-In Restrictions will be granted
for (1) all road and utility crossings set forth in the (a) Yelm Comprehensive
Transportation Plan (August 1992), (b} Yelm Water Reuse Project (July 1995), (c) Yelm
Comprehensive Water Plan (August 1992), and (d) the Private Utility Planning for Yelm
Area (for electricity, gas, telephone, cable), as excerpted in Appendix G to the Yelm
Comprehensive Plan (February 1995), (2) all property within the Thurston Highlands
Southwest Yelm Conceptual Master Plan, approved October 12, 1994, (3) all lands
identified after July 30, 1997 by FEMA as 100-year floodplains, (4) lots of record within
the City as described and depicted in Ordinance 595, dated January 8, 1997, and (5)
such other exceptions meeting the criteria identified in paragraph 3. below.
3. Administration.
a. An applicant may request from the City an administrative waiver
of the Tap-In Restriction, where (1) it is necessary to meet the Yelm Comprehensive Plan
goals and policies, and (2) the development will not result in risk to persons or properly
during periods of flood conditions.
b. If the City recommends a waiver, such recommendation shall
be submitted to RD where the decision on the waiver shall become final.
SECTION 2. Anew section "C" is added to Yelm City Code 15.32.240, as follows:
15.32.240 Residential construction.
C. Tap-In Restrictions.
1. Applicability. Tap-In Restrictions apply to lands mapped by FEMA
(Federal Emergency Management Act) as 100-year floodplains, identified as of RD (U.S.
Department of Agriculture Rural Development) funding obligation date, July 30, 1997.
Tap-In Restrictions will be enforced to deny future sewer connections to the system,
when verification is not made by applicants, that planned improvements to properties
requesting connection to the system, will be constructed outside the 100-year floodplain.
2. Exceptions. An exclusion to these Tap-In Restrictions will be granted
for (1) all road and utility crossings set forth in the (a) Yelm Comprehensive
Transportation Plan (August 1992), (b) Yelm Water Reuse Project (July 1995), (c) Yelm
Comprehensive Water Plan (August 1992), and (d) the Private Utility Planning for Yelm
Area (for electricity, gas, telephone, cable), as excerpted in Appendix G to the Yelm
Comprehensive Plan (February 1995), (2) all property within the Thurston Highlands
Southwest Yelm Conceptual Master Plan, approved October 12, 1994, (3) all lands
identified after July 30, 1997 by FEMA as 100-year floodplains, (4) lots of record within
the City as described and depicted in Ordinance 595, dated January 8, 1997, and (5)
such other exceptions meeting the criteria identified in paragraph 3. below.
3. Administration.
a. An applicant may request from the City an administrative waiver
of the Tap-In Restriction, where (1) it is necessary to meet the Yelm Comprehensive Plan
goals and policies, and (2) the development will not result in risk to persons or property
during periods of flood conditions.
b. iT the City recommends a waiver, such recommendation shall
be submitted to RD where the decision on the waiver shall become final.
SECTION 3. Anew section "D" is added to Yelm City Code 15.32.250, as follows:
15.32.250 Nonresidential construction.
D. Tap-In Restrictions.
1. Applicability. Tap-In Restrictions apply to lands mapped by FEMA
(Federal Emergency Management Act) as 100-year floodplains, identified as of RD (U.S.
Department of Agriculture Rural Development) funding obligation date, July 30, 1997.
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Tap-In Restrictions will be enforced to deny future sewer connections to the system,
when verification is not made by applicants, that planned improvements to properties
requesting connection to the system, will be constructed outside the 100-year floodplain.
2. Exceptions. An exclusion to these Tap-In Restrictions will be granted
for (1) all road and utility crossings set forth in the (a) Yelm Comprehensive
Transportation Plan (August 1992), (b) Yelm Water Reuse Project (July 1995), (c) Yelm
Comprehensive Water Plan (August 1992), and (d) the Private Utility Planning for Yelm
Area (for electricity, gas, telephone, cable), as excerpted in Appendix G to the Yelm
Comprehensive Plan (February 1995), (2) all property within the Thurston Highlands
Southwest Yelm Conceptual Master Plan, as approved October 12, 1994, (3) all lands
identified after July 30, 1997 by FEMA as 100-year floodplains, (4) lots of record within
the City identified as Areas of Highest-known recorded flood elevations, as described and
depicted in Ordinance 595, dated January 8, 1997, and (5) such other exceptions
meeting the criteria identified in paragraph 3. below.
3. Administration.
a. An applicant may request from the City an administrative waiver
of the Tap-In Restriction, where (1) it is necessary to meet the Yelm Comprehensive Plan
goals and policies, and (2) the development will not result in risk to persons or property
during periods of flood conditions.
b. If the City recommends a waiver, such recommendation shall
be submitted to RD where the decision on the waiver shall become final.
SECTION 4. Section 14.08.110 of the Yelm City Code is amended, as follows:
14.08.110 Agricultural lands.
(Ord. 555 §3(part), 1995).
[new language as follows]:
A. Agriculture Lands--Defined. For purposes of this section, the U.S.
Department of Agriculture, Soil Conservation Service's "Soil Survey of Thurston County"
at maps 24 and 25 are adopted by the City of Yelm for purposes of identifying prime
agriculture and important farmlands.
B. Tap-In Restrictions.
1. Applicability. Tap-In Restrictions apply to agriculture lands meeting
the criteria at section 14.08.110(A). Tap-In Restrictions will be enforced to deny future
sewer connections to the system, when verification is not made by applicants, that
planned improvements to properties requesting connection to the system, will be
constructed outside the Prime Agriculture Land and Important Farmland.
2. Exceptions. An exclusion to these Tap-In Restrictions will be granted
for: (1) all road and utility crossings set forth in the (a) Yelm Comprehensive
Transportation Plan (August 1992), (b) Yelm Water Reuse Project (July 1995), (c) Yelm
Comprehensive Water Plan (August 1992), and (d) the Private Utility Planning for Yelm
Area (for electricity, gas, telephone, cable), as excerpted in Appendix G to the Yelm
Comprehensive Plan (February 1995), (2) all property within the Thurston Highlands
Southwest Yelm Conceptual Master Plan, as approved October 12, 1994, and (3) such
other exceptions meeting the criteria identified in paragraph 3. below.
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3. Administration.
a. An applicant may request from the City an administrative
waiver of the Tap-In Restriction, where (1) the waiver will not affect the production of the
site, (2) the site is not suitable for agricultural use, or (3) extenuating circumstances
warrant urban development since agricultural use would pose significant potential
conflicts with abutting urban residential uses.
b. If the City recommends a waiver, such recommendation shall
be submitted to RD where the decision on the waiver shall become final.
SECTION 5. Anew section "D" is added to Yelm City Code 14.08.140, as follows:
14.08.140 Wetlands.
D. Tap-In Restrictions.
1. Applicability. Tap-In Restrictions applyto Designated Wetland Areas
as determined by USFWD NWI (United States Fish & Wildlife Service & National Wetland
Inventory Maps). Tap-In Restrictions will be enforced to deny future sewer connections
to the system, when verification is not made by applicants, that planned improvements
to properties requesting connection to the system, will be constructed outside the
Designated Wetland Areas.
2. Exceptions. An exclusion to these Tap-In Restrictions will be granted
for: (1) all road and utility crossings set forth in the (a) Yelm Comprehensive
Transportation Plan (August 1992), (b) Yelm Water Reuse Project (July 1995), (c) Yelm
Comprehensive Water Plan (August 1992), and (d) the Private Utility Planning for Yelm
Area (for electricity, gas, telephone, cable), as excerpted in Appendix G to the Yelm
Comprehensive Plan (February 1995), (2) all property within the Thurston Highlands
Southwest Yelm Conceptual Master Plan, as approved October 12, 1994, and (3) such
other exceptions meeting the criteria identified in paragraph 3. below.
3. Administration.
a. An applicant may request from the City an administrative waiver
of the Tap-in Restriction, where (1) the wetland is less than required for an individual 404
permit, or (2) the development will not adversely affect the wetland system.
b. If the City recommends a waiver, such recommendation shall be
submitted to RD where the decision on the waiver shall become final.
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SECTION 6. Effective Date. This Ordinance shall take effect and be in force on
the 23rd day Of September , 1997.
PASSED AND APPROVED by the City Council of the City of Yelm, Washington,
at a regular meeting thereof this 1 o thday of September 1997.
Kat ryn M. Wolf, Mayor
ATTEST:
J
Agne . Bennick, City Clerk-Treasurer
PASSED and APPROVED: September 10 , 1997
PUBLISHED: Nisqually Valley News, september 17 , 1997
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