Chapter 13.16
ALLOCATION OF SEWER CAPACITY AND WATER
Sections:
13.16.010 Findings and intent.
13.16.020 Residential subdivisions.
13.16.030 Authorization for residential sewer connection permits.
13.16.040 Requests for residential projects after exhaustion of allocation.
13.16.050 Water intensive uses.
13.16.060 Expansion or rehabilitation of existing commercial uses.
13.16.070 Sewer intensive commercial projects.
13.16.080 Current remaining allocation.
13.16.090 Preapproval authorization – Commercial.
13.16.100 Redevelopment agency projects.
13.16.110 Determinations and appeals.
13.16.010 Findings and intent.
On April 24, 1989, the MRWPCA released the city’s final one-third allocation of housing units and sewer flow capacity. It is therefore appropriate to modify the restrictions on residential development imposed by Ordinances 730 and 748. It is the purpose and intent of this chapter to maintain compliance with the allocation plans of the MRWPCA and the MPWMD as they affect residential and commercial development in the city. In order to ensure the availability of sewer connection permits for the future development of vacant legal lots of record, as well as to ensure an adequate supply of sewer and water for existing and future development, it is necessary for the public health, safety and welfare to regulate project approvals as provided in this chapter. (Ord. 759 § 1, 1989)
13.16.020 Residential subdivisions.
Notwithstanding any other ordinance, regulation or policy of the city, no application for a permit or other applicable entitlement for use which has as its result the approval or allowance of a residential subdivision in excess of four lots or otherwise results in the creation of more than four lots, shall be accepted, processed, acted upon, granted or approved by any employee, department or commission of the city. Applications for a permit or other discretionary entitlement for use that would result directly or indirectly in a residential subdivision in excess of four lots or the creation of more than four lots are exempt from the provisions of this section if filed with the city on or before May 5, 1989. (Ord. 759 § 2, 1989)
13.16.030 Authorization for residential sewer connection permits.
MRWPCA Ordinance 87-6 provides that the agency will issue sewer connection permits only with the prior written approval (preapproval) of the affected city. Pursuant to said provision, the city adopts the following regulations with reference to the preapproval of residential sewer connection permits.
A. Permitted Projects. With the exception of those applications for residential projects pending in the city as of May 5, 1989, only dwellings of four units or less may be granted preapproval authorization for the issuance of a sewer connection permit.
B. Procedure. Concurrent with the filing of an application for a residential project, or within ten days from the effective date of the ordinance codified in this chapter, whichever date is later, the applicant may reserve with the community development department a preapproval for a sewer connection permit. Said preapproval reservation will be held for the applicant as follows: (1) For those residential projects requiring either a zoning or use permit, a reservation will be held for a period not to exceed ninety days; (2) For those residential projects which require extensive environmental review, and/or involve a proposed subdivision, a reservation will be held for a period not to exceed one year. Prior to the expiration of the above-stated time periods, the building official may grant an extension of time to the applicant upon a showing of good faith and factors beyond the control of the applicant.
C. Preapproval Authorization. Prior to obtaining city authorization (preapproval) for the issuance of a MRWPCA residential sewer connection permit, the applicant shall file a properly completed building permit application with the building division. If the building official finds that the work described in the building permit application and the plans, specifications and other data filed therewith conform to city standards and ordinances, and that the required fees have been paid, the official shall authorize issuance of the sewer connection permit. Following the issuance of a MRWPCA sewer connection permit, the city shall issue a building permit to the applicant.
D. Cancellation of Reservation. Failure to secure preapproval authorization or an extension thereto within the prescribed time shall result in the cancellation of said reservation.
E. Expiration of Building Permit. Within one hundred eighty days after the applicant has secured city preapproval, the applicant shall secure a MRWPCA sewer connection permit, a city building permit, and commence construction. Unless an extension has been granted as provided in subsection B of this section, applicant’s failure to secure the required permits and commence construction, and/or suspension or abandonment of the work once commenced, shall result in one or all of the following: (1) revocation of preapproval authorization, (2) cancellation of the MRWPCA sewer connection permit, (3) expiration of the building permit, which shall become null and void. (Ord. 759 § 3, 1989)
13.16.040 Requests for residential projects after exhaustion of allocation.
Requests for residential projects received after the MRWPCA housing units allocation is depleted, and/or requests for projects unable to be accommodated under the present allocation and pursuant to this chapter, including applications for multifamily dwellings in excess of four units and/or residential subdivisions creating in excess of four lots, shall be maintained by the community development department and applicants shall have the right to any future allocation of sewer capacity in the order received. (Ord. 759 § 4, 1989)
13.16.050 Water intensive uses.
A. Swimming Pools. No permit shall issue during the term of the ordinance codified in this chapter for the construction, installation, or enlargement of any swimming pool whether for public or private use.
B. Commercial Projects. With the exception of water intensive uses, as defined herein, applications for commercial projects shall be considered on a first come, first served basis within the limits of the city’s sewer allocation. No application for a permit, license or other entitlement for use which either directly or indirectly has as its result the approval or allowance of a commercial water intensive use shall be accepted, processed, acted upon or approved by an employee, department or commission of the city. As used herein, “commercial” means all uses permitted by the zoning ordinance, except residential uses. “Commercial water intensive uses” includes laundromats, restaurants, bars, and other commercial uses with a yearly water use factor, as defined by the WMD, greater than 0.0003 acre feet per square feet of building area. (Ord. 759 § 5, 1989)
13.16.060 Expansion or rehabilitation of existing commercial uses.
No application for a permit, license or other entitlement for use which has as its result the approval or allowance of an expansion or rehabilitation of an existing commercial use shall be accepted, processed, acted upon or approved by any employee, department or commission of the city, if it is determined that said expansion or rehabilitation will increase the use of water on the site by more than twenty-five percent over that level of use of water existing prior to the expansion of rehabilitation. (Ord. 759 § 6, 1989)
13.16.070 Sewer intensive commercial projects.
No application for a permit, license or other entitlement for use which either directly or indirectly has as its result the approval or allowance of a commercial use which represents ten percent or more of the city’s total remaining commercial sewer flow allocation shall be accepted, processed, acted upon or approved by any employee, department or commission of the city. (Ord. 759 § 7, 1989)
13.16.080 Current remaining allocation.
Upon the issuance of each preapproval authorization for a MRWPCA commercial sewer connection permit, the community development department shall deduct the estimated sewer flow for the project from the allocation remaining. The amount of allocation remaining shall be public information. (Ord. 759 § 8, 1989)
13.16.090 Preapproval authorization – Commercial.
Preapproval authorization for a MRWPCA commercial sewer connection permit shall be in accordance with the provisions of SMC 13.16.030(C), entitled “Preapproval Authorization.” (Ord. 759 § 9, 1989)
13.16.100 Redevelopment agency projects.
Redevelopment projects undertaken pursuant to a development agreement between the redevelopment agency of the city and a redeveloper are exempt from the provisions of this chapter as they relate to commercial development. (Ord. 759 § 10, 1989)
13.16.110 Determinations and appeals.
All determinations of sewer flow and water usage required under this chapter shall be made by the community development department using the same facts, figures, estimates and assumptions as those used by the MRWPCA and MPWMD in allocating sewer capacity and water in the city. Any applicant may appeal said determination by filing a written appeal within ten days after notice of the determination by the community development department. The chief of planning shall place said appeal on the planning commission agenda for hearing as soon as possible. Notice of said hearing shall be given to the applicant by mailing notice of the time and place of said hearing at least ten days before the hearing. No other notice need be given. (Ord. 759 § 11, 1989)
13.16.120 Exceptions.
Application of the strict terms of this chapter may be modified or waived when it is demonstrated that the intent and effect of the provisions hereof have been or shall be satisfied by use of equivalent measures or devices. (Ord. 759 § 12, 1989)