Chapter 13.25
WATER DEMAND AND SUPPLY
Sections:
13.25.010 Impact determination.
13.25.020 Determination of adequate supply of potable water.
13.25.030 Requirements for adequate water supply.
13.25.040 Fees and costs – Indemnification and hold harmless provisions.
13.25.050 Necessary agreements.
13.25.060 Additional conditions for water rights transfers.
13.25.080 Siting or acquisition of properties for municipal facilities.
13.25.010 Impact determination.
Prior to approving a proposed subdivision (long or short plat), binding site plan, commercial development, industrial development, or annexation, the city council and the city engineer shall review and estimate the increased demand on the city’s system resulting from the estimated usage of the application for proposed subdivision (long or short plat), binding site plan, commercial development, industrial development, or annexation. In estimating this, the city will take into account the length of the extension required; the future pressure and volume needed for domestic and fire flow; the existing water mains and general facilities in the proposed location as related to the city’s present capacity to provide domestic and fire flow; projected future growth and system needs in the city; interrelation of the proposed subdivision or annexation and the remainder of the city; and all other relevant factors. [Ord. 940 § 1, 2003.]
13.25.020 Determination of adequate supply of potable water.
Upon any application for any proposed subdivision (long or short plat), binding site plan, commercial development, industrial development, annexation and/or any application for water or sewer services or other municipal utility service, the city may extend service only upon satisfaction of the city’s engineer and city council that sufficient and adequate potable water is available to meet the needs of the application. The city may require on- and/or off-site improvements in order to meet city’s hydraulic requirements. The proponent and/or developer of subdivision (long or short plat), binding site plan, commercial development, industrial development, or annexation may be required to provide supply and/or storage of potable water equal to demand of development. [Ord. 940 § 1, 2003.]
13.25.030 Requirements for adequate water supply.
A. No application for water utility or sewer services, subdivision (long or short plat), binding site plan, commercial development, industrial development, annexation, or other urban services shall be permitted for any parcel, lot or combination thereof, whether contiguous or not, whether owned by a single entity or person or not, if such lot/parcel does not already and lawfully possess sufficient and perfected water rights capable of serving the area to be subdivided (long or short plat), a binding site plan, commercially developed, industrially developed, annexed into the city, or in any other manner served by the city’s water and/or sewer systems. Such water rights must be capable of being quantified and have received any required review and approval by the Department of Ecology for transfer and acceptance by the city council into the city’s water supply system. Such supplies shall at a minimum have been conditionally approved under ongoing proceedings in DOE v. James J. Acquavella, Yakima County Case No. 77-2-01484-5.
B. Such supplies shall be in an equivalent or excess amount to supply such property as determined by the city engineer for use in the city’s water supply system which is capable of providing adequate supply for initial or phased development of the property.
C. The city reserves its rights to deny any application, grant approval with conditions, and permit hook up to serve only a portion of the property sought by an applicant to be subdivided (long or short plat), a binding site plan, commercially developed, industrially developed, annexed and/or served by city utility systems which can be adequately served by the applicant’s actual and available water resources within the operational constraints of the city’s water and sewer systems. Similarly, the city further reserves its right to deny, approve, approve for a portion of the property, or condition approval of an application for subdivision (long or short plat), binding site plan, commercial development, industrial development, annexation, and/or for city utility services based upon the capacity, operating condition capability of the city’s wastewater treatment facility.
D. The city engineer and/or city council may require participation in utility local improvement district upgrades for the city water and sewer system, and may establish water conservation standards consistent with the city’s water code, as may hereafter be amended. These conditions and standards may establish maximum average daily use of gallons per day less than 600 GPD, and may further include but not be limited to: the conversion or required installation water saving devices, low flush toilets, flow head restrictors, peak demand charges, time of use restrictions, limitations on irrigation, installation of drought resistant landscaping, and on-site storage of captured stormwater for treatment and controlled releases consistent with the city’s stormwater standards as may hereafter be amended. [Ord. 940 § 1, 2003.]
13.25.040 Fees and costs – Indemnification and hold harmless provisions.
A. The city of Roslyn shall be reimbursed any and all fees and costs arising from the application of this chapter. These may include, but are not limited to, staff reimbursement, engineering fees and costs, legal fees and costs, and any other out of pocket expenses incurred by the city.
B. No connection shall be made to any applicant, qualifying subdivision (long or short plat), binding site plan, commercial development, industrial development, annexation, property or improvement, its heirs, successors and assigns, until and unless adequate safeguards have been made and accepted by the city to adequately defend, indemnify and hold the city harmless from and against any liability, appeals, judicial review, complaints, writs of review and other extraordinary or equitable relief, including reimbursement for any costs, fees, expert fees, expenses for any related legal, judicial, agency, administrative or appellate action(s) related to or arising out of such application or attempted transfer of water rights to the city. [Ord. 940 § 1, 2003.]
13.25.050 Necessary agreements.
Any transfer to the city of such water rights shall be permitted only upon the execution of forms prepared by the city requiring, but not limited to: the execution of a perpetual and appurtenant noprotest annexation agreement, a no-protest local improvement agreement, a no-protest utility local improvement district agreement, and/or developer’s extension agreement. The city expressly reserves its right to condition utility service upon the execution of any or all of these agreements upon terms and conditions as are determined to be necessary by the city council and city engineer. [Ord. 940 § 1, 2003.]
13.25.060 Additional conditions for water rights transfers.
Any transfer to the city of water rights may be further conditioned by development or permit conditions reasonably related to project impacts, including the payment of impact fees, fees under Chapter 82.02 RCW, or mitigation fees or conditions imposed under the State Environmental Policy Act, implementing SEPA regulations, any Roslyn Municipal Code chapters that apply as they may now exist or which may hereafter be amended, adopted SEPA policies, developer agreements under RCW 36.70B.170, the requirements of interlocal agreements with Kittitas County, special purposes districts, or municipalities, or landowner agreements entered into under Chapters 35.91 and 35.92 RCW. [Ord. 940 § 1, 2003.]
13.25.070 Time limits.
Upon approval by the Roslyn city council of a subdivision (long or short plat), binding site plan, commercial development, industrial development, or annexation, the owner, proponent and/or developer shall have 12 months from the date of acceptance to complete construction of the development. Bonding the development does not constitute completion of the construction. If the development is not completed within 12 months of the date of approval, the owner, proponent and/or developer may apply for and the city council may grant a one-year extension of the approval, provided the application is accompanied by proof that significant progress is being made toward the completion of the development. If the approval expires without an extension or after one extension, the city’s approval is null and void and the owner, proponent and/or developer shall forfeit all fees and costs paid to the city. [Ord. 940 § 1, 2003.]
13.25.080 Siting or acquisition of properties for municipal facilities.
Agreements with landowners and the city for purposes of siting or acquisition of properties for municipal facilities under Chapters 35.91 and 35.92 RCW may contain different terms and conditions than provided in this chapter. [Ord. 940 § 1, 2003.]