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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. 2 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. 3 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. 4 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 5