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Home My WebLink About4069 Ordinance ORDINANCE NO. q 614 AN ORDINANCE of the City of Pasco, Washington, Amending Section 16.06 "Utility Service Requirements for Building Permits." WHEREAS,Chapter 16.06.010 of the Pasco Municipal Code requires that City water and sewer are available when property is developed with a structure or used for a commercial or industrial use and as a prerequisite to issuance of a building permit; and WHEREAS, Development and improvement of property can also occur in such a manner that uses property line revisions to avoid payment of applicable utility fees; and WHEREAS, Development includes open uses of property for commercial and industrial purposes; and WHEREAS,Open uses of property functionally related or accessory to a use requiring utilities, such as a parking lot for a commercial activity or a storage yard for an industrial operation, are a development requiring the payment of applicable utility fees; and WHEREAS,that in certain cases, an open use of property may not need a connection to utilities but will require an available fire suppression and protection system; and WHEREAS,Payment of frontage fees and area charges as described in the proposed revisions to PMC 16.06 is necessary to maintain the financial integrity of the rate structure for the utility systems; and WHEREAS,Water and sewer frontage fees and area charges are required to recoup investment in the utility lines serving the benefitting property and are required when development of property occurs and when physical connection to the utility system is made or is available; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 16.06.010 entitled "AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED (1)The availability of City water and/or sewer service connection to the lot(s), parcel(s)or tract(s) of land sought to be developed • .- •. ._ . _ . . . habit..tio. ndustrial or commercial use, shall be a prerequisite to the issuance of a building development permit. No building development permit shall be issued without compliance with this section except as stated in this chapter. (2) "Availability of City water and sewer service connection" means the ability to physically connect physical-eennection to transmission lines of such service when such service is within 200 feet of the lot, parcel or tract boundary, after paying for all applicable senneetien fees. This may include including the installation of a water meter, the use of water for fire protection, the use of water or sewer for non-structural improvements or use of existing water or sewer service at a future date. Ordinance Amending Section 26.28.010 and Section 26.28.070- 1 (3) "Accessory" and "Functionally Related" means a use that is subordinate, supplementary or dependent on a non-exempt use or activity. (4) "Developed" and "Development" means any manmade change to improved or unimproved lot(s), parcel(s) or tract(s) including but not limited to filling, grading, paving, excavating, installation of curb, gutter or sidewalk, installation of driveways, construction or placement of a building or other structure and uses of a commercial or industrial nature not requiring a structure. (5) "Development Permit" means but is not limited to a grading, building, right of way or encroachment permit or a license or permit for land use.. •. . • _ . _ _ _ • .. . . • . Section 2. That Section 16.06.020 entitled "EXCEPTIONS" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 16.06.020 EXEMPTIONS EXCEPTIONS. The following types of development may be exempt from the requirements of 16.06.010: (1) Filling or grading provided no use of City utilities occurs and the property is not functionally related or accessory to a non-exempt development; (2) Surfacing or paving provided no use of City utilities occurs and the property is not functionally related or accessory to a non-exempt development; (3) Installation or construction of fencing; (4)Temporary uses of property of no more than 180 days provided no use of City utilities occurs and fire protection is not required; or (5)Other similar types of development not requiring connection to City utilities or use of City water for fire protection. Section 3. That a new Section 16.06.030 shall be enacted and shall read as follows: 16.06.030 LOT LINE REVISIONS PROHIBITED. Lot line revisions through platting, binding site plans or tax parcel segregations shall not be used as a means to avoid the requirements of 16.06.010 unless such revision is for the purpose of functionally separating uses, establishing lot lines for sale or transfer of ownership or delineating property from non-exempt development. Section 4. That Section 16.06.030 entitled "WAIVER-AUTHORIZED" shall be and hereby is amended and shall read as follows: 16.06.0340 WAIVER - AUTHORIZED. The prerequisite requirements for a building development permit stated in Section 16.06.010 may be waived by approval of the City Council by majority vote at any regular meeting, upon such forms as they shall deem necessary to enable them to make specific findings of fact as to why a waiver should be granted. All such waivers must be applied for in writing on a form or forms to be supplied by the City of Pasco and all denials of such waiver shall also be in writing and state specific findings upon which the denial is based. The grant of a waiver may be reasonably conditioned and any such conditions shall be in writing, signed by the owner of the land, recorded and run with the land. Such conditions may include but shall not be limited to the following: (1)A specific period of exception; (2)Required participation in future public sewer and/or water service extension by L.I.D. or other means; (3)The signing by the owner of the property of a hold harmless and/or indemnity agreement in favor of the City of Pasco. Ordinance Amending Section 26.28.010 and Section 26.28.070- 2 Section 5. That Section 16.06.040 entitled "WAIVER-CRITERIA" shall be and hereby is amended to read as follows: 16.06.00450 WAIVER-CRITERIA. Any determination to grant, deny, or grant with conditions an application for a waiver described in Section 16.06.0340 shall be based upon the following criteria: (1) Special circumstances applicable to the property in question or to the intended use that do not generally apply to other properties or classes of use in the same vicinity or zoning classification; (2)A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and in zoning classification, which because of special circumstances is denied to the property in question; (3) The granting of the waiver will not be detrimental to the public welfare or injurious to any person, property or improvements thereon in such vicinity and zoning classification in which the subject property is located; (4)The granting of a waiver will not conflict with the general intent of this Chapter; (5) Except as provided below, no waiver for City water service shall be granted for any property lying within the boundaries of the Pasco Landfill ground water protection area (the Protection Area) as delineated on the official map designating said area on file at the City of Pasco Public Works Department. If the City of Pasco receives a waiver request, it shall notify the Department of Ecology of such request, and shall provide the Department of Ecology all relevant information regarding such request. (6) If the residual hazardous substances in the groundwater remaining within the entirety of the Protection Area are subsequently reduced in concentration such that the method A or method B cleanup levels, as applicable, established under WAC 173-340-700 through 173-340-760 are met, then Section 5 (5) hereof shall be of no further force and effect, if the Department of Ecology, after public notice and opportunity for comment, concurs. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco,Washington, and approved as provided by law this 6th day of August, 2012. Matt Watkins,Mayor AT ES APPR VED AS TO FORM: It- De ebie Clark, City Clerk Nialiff� Leland B. err, City i4ttorne ' Ordinance Amending Section 26.28.010 and Section 26.28.070- 3