931 Water Connections Dev RegCITY OF YELM
ORDINANCE NO. 931
AN ORDINANCE of the City of Yelm, Washington, relating to development
regulations and water connections; establishing a process and standards
for issuance of building permits subject to availability of City water service;
ratifying and confirming prior acts; and, declaring an emergency
establishing a period for the regulations.
WHEREAS, The City of Yelm ("City") was incorporated in 1924 and has been
providing municipal water service since 1927; and
WHEREAS, The City water system currently serves a population of
approximately 5,700 people, with approximately 2,379 service connections as of
November 2008, and 2,147 being single-family residential connections; and
WHEREAS, The City's water system is regulated by the Washington State
Department of Health ("DOH"), and its water rights are overseen by the Washington
State Department of Ecology ("Ecology"); and
WHEREAS, The City has been working for a period of years to improve its water
system, including the acquisition of additional water rights and the adoption of an
updated water system plan ("Plan"), which must be updated through DOH every six
years; and
WHEREAS, The City has been planning as required by the Growth Management
Act for six- and twenty-year planning periods; and
WHEREAS, Both the water system plan and the City's comprehensive land use
plan, have been approved by the appropriate regulatory agencies; and
WHEREAS, The economic downturn has impacted the City's acquisition and
development of additional water rights although the City continues to acquire additional
water rights and to seek approvals from Ecology for such rights, consistent with the
City's planning; and
WHEREAS, Additionally, the City is working with the cities of Lacey and Olympia
in water system planning in both the Deschutes and Nisqually River basins to mitigate
any impacts of new water resource development on those River systems; and
WHEREAS, While the City continues to pursue its acquisition of necessary water
rights for implementation of its water system planning and to provide for planned
development, there may be delays in providing water service immediately upon request
for new connections; and
WHEREAS, It is the purpose of this ordinance to regulate the authorization for
water connections for new construction within the City.
NOW, THEREFORE, THE CITY COUNCIL OF YELM DOES ORDAIN AS FOLLOWS:
SECTION 1. Anew section 13.04.115 is added to the Yelm Municipal Code ("YMC"),
as follows:
13.04.115 Water Service -Limitations on Connections.
A. The Community Development Department (CDD) shall process building
permits as set forth in this Section.
B. A complete building permit application consists of the information required
by YMC 15.44.020. The order of priority among complete building permit
applications shall be from the date the City determines the application is
complete, with the oldest completed application given first priority ("Priority
Date").
C. If there are insufficient water connections available to issue a building
permit at the time of permit application, the application shall be held,
following a determination of completeness, until such time as (1) sufficient
water connections become available to serve the proposal and (2) the
applicant has signed a building permit processing agreement authorized
by this Section.
D. At the time sufficient water connections become available to serve a
proposal, CDD shall process building permit applications in the order of
the Priority Date, provided the applicant indicates, in writing, willingness to
proceed with development.
E. If there are insufficient water connections available to serve a proposal,
CDD shall process building permit applications in the order of the Priority
Date, provided an applicant may confirms, in writing, to
Wait until sufficient water connections available to serve the entire
project, without loss of Priority Date, or
2. Modify the application to reduce the water usage to the available
connection limit. If the applicant chooses to wait, CDD will process
building permit applications with lower priority date up to the limit of
available water connections, until sufficient water is available to
serve the applicant's intended use.
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F. If a building permit applicant does not choose to sign the building permit
processing agreement, CDD shall hold the permit for 120 days and, if
water connections are not available at that time, deny the application.
G. Once a permit is issued, work on completing construction must proceed
diligently pursuant to the provisions of the International Building Code or
International Residential Code. An expired permit may be reissued
consistent with law upon payment of all appropriate fees and after
showing compliance with any updated regulations with its previously
approved water connection, provided that the meter has been installed.
H. The CDD is authorized and directed to implement this Section, including
the management and administration of permit Priority Dates and building
permit processing agreement, in a form substantially similar to that
maintained in the City Clerk's file relating to this Section.
SECTION 2. Ratification and Confirmation
Any act prior to and consistent with the authority granted in this ordinance is hereby
ratified and confirmed.
SECTION 3. Declaration of Emergency -Effective Date -Sunset
This ordinance is necessary for the preservation of public health, safety and general
welfare and shall take effect and be in force immediately upon its adoption and
signature by the Mayor. This ordinance is intended to remain in effect for only such
period as is necessary to provide the City with time to fully implement its water system
planning and development, including bringing new wells on line and acquisition of
additional water rights. This ordinance shall expire twelve months from its effective
date, unless otherwise extended by the City Council by ordinance.
PASSED by the City ncil of Yelm this 14th day of December, 2010.
~~ .~' n
Ron Hardi ,Mayor
AUTHENTICATED;
~f ~ ~ ~ ~ ~~
Janine Schnepf, City ~ lerk.
PUBLISHED: Nisqually Valley News, December 24, 2010
EFFECTIVE DATE: December 29, 2010