HomeMy WebLinkAboutO-1795 - Moratorium on sewer extensions and connections, repeals Ord. 1763 (Repealed by 1846)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.I '7 q S-
AN ORDINANCE OF THE CITY OF MARYSVILLE IMPOSING
TEMPORARY RESTRICTIONS ON NEW SEWER CONNECTIONS TO THE
CITY'S SEWER SYSTEM IN RESPONSE TO AN EMERGENCY
CONDITION RELATING TO THE CAPACITY AND FUNCTIONAL
PERFORMANCE OF THE CITY'S WASTEWATER TREATMENT
FACILITY;ADOPTING A SEPA POLICY RELATING TO THE
ADVERSE ENVIRONMENTAL IMPACT OF AN OVERBURDENED
WASTEWATER TREATMENT FACILITY;AND REPEALING ORDINANCE
1763.
RECITALS
1.On February 26,1990 the City enacted Ordinance 1763
imposing temporary restrictions on new sewer connections to the
city's sewer system in response to an emergency condition
relating to the capacity and functional performance of the city's
wastewater treatment facility.All recitals contained in
Ordinance 1763 are reaffirmed and are incorporated herein by this
reference.
2.On May 29,1990 the city entered into a Consent Order
with the Washington State Department of Ecology ("DOE")under
File No.DE 89-N259.Said Consent Order places the city on a
schedule for upgrading its wastewater treatment facility,
establishes restrictive criteria for allowing any new sewer
connections until the wastewater treatment facility is upgraded,
establishes maximum influent and effluent standards which cannot
be exceeded by the wastewater treatment facility,and imposes
penalties for violations by the city,including monetary fines
and a potential ban on any new sewer connections.
3.The city has taken immediate action toward upgrading
its wastewater treatment facility,including the following:
a.Installation of aerators in the sewer lagoons.
b.Completion of Phase 1 of the downtown storm water
drainage diversion project.
c.Construction of Phase 2 of the downdown storm
water drainage diversion project has been commenced and the
same will be completed on or before October 1,1990.
ORDINANCE - 1
d.Preparation of detailed engineering plans for
upgrading the wastewater treatment facility and relocating
the effluent discharge point.Said plans will be completed
on or before November 1,1990.
e.Preparation of an Environmental Impact statement
relating to an upgraded wastewater treatment facility,with
a completion date for the EIS targeted for December 1990.
4.Monitoring the performance of the wastewater treatment
facility under the criteria established in the Consent Order
commenced on July 15,1990.Results so far indicate the fol-
lowing:
a.
limit of
capacity
The city is below the maximum hydraulic loading
2.8 million gallons per day.However,very little
is left before that limit is reached.
b.The City is exceeding the maximum influent BOD
limit of 4,500 pounds per day.
c.The City is exceeding the maximum effluent BOD
limit of 700 pounds per day.
d.The City is well within maximum limits relating to
suspended solids and fecal coliform bacteria.
5.In light of the preliminary results referred to in
paragraph 4 above,the City must take immediate steps to impose
more stringent limitations on new sewer connections than those
found in Ordinance 1763,at least on a temporary basis.More-
over,the City must recognize that a total ban on new sewer
connections may be imposed by DOE pursuant to the Consent Order
unless immediate compliance (on an average monthly basis)is
obtained with the standards and criteria specified in the Consent
Order.
6.A total ban on new sewer connections,beyond that
absolutely necessary on a temporary basis to comply with the
criteria of the Consent Order,would result in an adverse impact
on the environment and on public health,safety and welfare.
7.It is in the best interest of the pUblic,particularly
those persons connected to the City's sewer system and those who
are seeking new connections,to find and implement new,innova-
tive and effective methods of reducing the generation of sewage
effluent and reducing BOD loading in the effluent.
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
ORDINANCE - 2
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section 1.Ordinance 1763 Repealed.Ordinance 1763,
enacted by the city Council on February 26,1990,is hereby
REPEALED for the reason that the same is superseded by this
Ordinance.
section 2.Ban on New Sewer Extensions and Connections.
2.1.At any and all times that the influent at the waste-
water treatment facility exceeds a maximum monthly average flow
of 2.8 million gallons per day and/or a maximum monthly average
BOD loading of 4,500 pounds per day,the City shall not approve
or allow any sewer extensions,connections,reconnect ions ,or
increases in meter size,and the City shall not approve or allow
any building permits,remodel projects or changes in occupancy
relating to any structure which will result in increasing
discharge into the City's sewer system,except for those cases
which comply with the "no net increase"exception as defined in
section 4 below.During the applicability of this section 2.1,
the city shall not honor any vested rights which may arise under
Section 3 below.
2.2.At all times other than those specified in section 2.1
above,the city shall not approve or allow any sewer extensions,
connections,reconnect ions or increases in meter size,and the
city shall not approve or allow any remodel projects or changes
in occupancy relating to any structure which will result in
increasing discharge into the City's sewer system by more than
168 gallons per day and/or more than .6 pounds of BOD loading per
day,except for the following:
a.Those cases which have vested rights as defined in
section 3 below.
b.Those cases which comply with the "no net in-
crease"exception as defined in section 4 below.
c.Public buildings and facilities necessary for
pUblic health,safety or welfare.
2.3."Sewer extension"as used herein shall mean any pipe
added or connected,or designed to be added or connected,to the
City's sewage system;provided,that the term does not include
gravity side sewers which connect individual buildings or
dwelling units to the sewer system when those side sewers are
less than 150 feet in length and not over 6 inches in diameter.
"Connections"means the physical attachment of any source or
potential source of waste water to any sewer or other appurten-
ances tributary to the Marysville sewer system."Reconnection"
means the reestablishment of a prior connection;provided,that a
reconnect ion which will not cause a flow or load increase to the
sewer system greater than that from the same source at any time
within the prior 12 months will be exempt from this ban.
ORDINANCE - 3
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section 3.Vested Rights.The ban in section 2.2 above
shall not apply to properties with vested rights on the effective
date of this ordinance."Vested rights"shall be defined as
follows:
3.1.Vesting Under Ordinance 1763.Properties having
received a vesting letter under Ordinance 1763 from the
Director of the Department of Public Works,or having
received a variance from Ordinance 1763 or a favorable
ruling on an administrative appeal from the City Council
shall continue to have the same vested rights under this
ordinance,but only to the extent that said properties
actually complete construction of vested sewer connections
within six (6)months after the date of the vesting letter
or the City Council resolution.All other vesting under
Ordinance 1763 is hereby deemed to be repealed and super-
seded by the terms of this ordinance.
3.2.Plats.Preliminary and final plats and short
plats with sewer construction plans which have been approved
by the city and DOE are vested with respect to each lot
within the plat which has a sewer extension actually con-
structed across its frontage at the cost of the owner or
developer,with a stub-out installed at said frontage,
prior to the effective date of this ordinance.Provided,
that such vesting shall only apply to discharges of up to
168 gallons per lot per day and up to .6 pounds of BOD
loading per lot per day.
3.3.Residential.Commercial and Industrial Complexes.
Apartment buildings,multiple-family complexes,condo-
miniums,mobile home parks,RV parks,hotels,motels,and
multi-tenant commercial and industrial complexes with sewer
construction plans which have been approved by the City and
DOE are vested to the extent that side sewers,or stub-outs,
were actually installed at the cost of the owner or
developer within 150 feet of each connection point prior to
the effective date of this ordinance.For purposes of this
section,each detached unit,building or pad shall be
considered a separate "connection point."
3.4.Individual Lots or Legal Parcels.Individual
lots or legal parcels shall have vested rights for a single
residential,commercial or industrial sewer connection (that
is,a single dwelling unit or a single commercial or
industrial tenant),sUbject to the limitation that it shall
not discharge more than 168 gallons per day or more than .6
pounds of BOD loading per day into the city's sewer system,
if it qualifies under one or more of the following criteria
prior to the effective date of this ordinance:
ORDINANCE - 4
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a.
building
existing
The lot/parcel has an approved and valid
permit not more than one year old,and an
sewer main across its frontage;or
b.The lot/parcel has an approved and valid
sewer connection permit not more than six (6)months
old,and an existing sewer main across its frontage;or
c.If the lot/parcel has no development permits
it must at least have an existing sewer main across its
frontage which was either installed by the owner of
said lot/parcel or installed by a ULID which included
said lot/parcel;provided,that the side sewer needed
for said lot/parcel must be less than 150 feet in
length and not over 6 inches in diameter.
3.5.ULID Sewer Extensions.A ULID sewer extension is
vested where the construction contract has been awarded and
the Notice to Proceed has been issued prior to the effective
date of this ordinance.
3.6.Cancellation of Vested Rights.All vested rights
under Ordinance 1763 and/or under this ordinance shall be
automatically suspended if DOE imposes a connection ban on
the City's sewer system by reason of a violation of the
terms of the Consent Order.
section 4."No Net Increase"Exception.The ban in
sections 2.1 and 2.2 above shall not apply to properties which
can demonstrate to the satisfaction of the Director of the
Department of Public Works that their development proposal will
comply with the "No Net Increase"exception described in this
section.
4.1.A proposal must demonstrate that its net impact
on the City's sewer system will not increase the level of
hydrologic influent flows at the wastewater treatment
facility.
4.2.A proposal must demonstrate that its net impact
on the City's sewer system will not increase BOD loading of
the influent at the wastewater treatment facility.
4.3.SUbject to approval by the Director,a proposal
may include on-site pre-discharge mitigation,and/or it may
include off-site mitigation affecting other sewer customers'
properties or sewer facilities owned by the city.
4.4.Off-site mitigation,when approved by the Direc-
tor,may be performed by the private party seeking the sewer
connection,or it may be performed by the City through the
use of funds voluntarily contributed by said private party.
ORDINANCE - 5
No such monetary contributions will be accepted by the city,
however,unless a detailed mitigation plan has been previ-
ously approved,together with a cost estimate for the same,
and an engineering determination has been made estimating
the net benefit such mitigation plans will have on the
city's wastewater treatment facility.Voluntary contribu-
tions shall be proportionate in amount to the mitigation
which a party is seeking to achieve.such contributions
shall be administered by the City pursuant to the following
rules adapted from RCW 82.02.020:
a.The payments shall be held in a reserve
account and may only be expended to fund the off-site
mitigation project identified.
b.Payments shall be expended in all cases
within five (5)years of collection.
c.Any payment not so expended shall be refunded
with interest at 12%per annum to the property owner of
record at the time of the refund;however,if the
payment is not expended within five years due to delay
attributable to the property owner,the payment shall
be refunded without interest.
4.5.As a condition of any proposal approved by the
Director,the city may impose a restriction on the type of
occupant which may be allowed on the property,to the extent
that such restriction relates solely to the quantity or
quality of sewage effluent discharged.
4.6.In analyzing a proposal's compliance with this
section,the Director shall consider the ultimate impact of
the development project on the city's sewer system assuming
full build-out and occupancy of the project.A mitigation
plan which merely states that it will defer occupancy of the
project until the city,on its own,mitigates the sewer
system crisis will be deemed insufficient for purposes of
this section.Further,a mitigation plan which attempts to
take advantage of unused vested connections applying to
other properties will be deemed insufficient for purposes of
this section.
4.7.If the Director of the Department of Public Works
determines that a proposal complies with the "no net
increase"exception,the development project may proceed
with all necessary public hearings,design reviews,permit
approvals and construction.However,occupancy of the
project shall not be allowed until the on-site or off-site
mitigation measures which were part of the proposal are
completed and functioning to the satisfaction of the City.
ORDINANCE - 6
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section 5.SEPA Policy.
5.1.This ordinance is hereby adopted as a SEPA policy
of the city of Marysville.For the duration of this
ordinance the City declares that any new development
activity which will result in increasing wastewater
discharges into the city's sewer system,or increasing the
BOD loading in said system,will create a significant
adverse environmental impact.
5.2.No hearings,approvals or permits shall be
allowed for any development activity without prior SEPA
review relating to the impacts on the City's sewer system.
If adequate mitigation for such impacts is proposed for a
particular project,as determined by the City's Responsible
Official,an MDNS may be issued and the project may be
allowed to proceed.However,a mere offer to defer con-
struction and/or occupancy of a development project shall
not constitute sufficient mitigation until such time as a
wastewater treatment facility plan is approved by DOE and
construction of the improvements is scheduled for completion
within the next 90 days.
If the Responsible Official determines that a project
has not proposed adequate mitigation relating to sewer
system impacts,a Determination of Significance shall issue
and the project shall not be allowed to proceed until after
an EIS is prepared.Because the city is already preparing
an EIS on the sewer system itself,it is anticipated that
affected property owners will not prepare their own
environmental documents but will simply use the one prepared
by the city as soon as it is completed.
5.3.Except as provided in paragraph 5.4 below,
"development activity"shall include,but shall not be
limited to,sUbdivisions,short sUbdivisions,project
rezones,binding site plans,conditional use permits,
shoreline permits,plan checks and approvals,building
permits,sewer connection applications,sewer utility
commitment letters,ULIDs,sewer extensions,and annexations
of areas outside of RUSA.
5.4.This section 5 shall not apply to the following
exempt development activities:
a.Developments which have vested rights
pursuant to section 3 above.
b.Public buildings and facilities necessary for
pUblic health,safety or welfare.
ORDINANCE - 7
c.Developments which are granted variances
pursuant to section 8 below.
d.Developments which have already completed
their SEPA review process and final public hearings.
e.Developments which are categorically exempt
under SEPA (for purposes of this ordinance,said
exemption is hereby revoked for any developments which,
at full occupancy,propose to discharge more than 168
gallons per day and/or more than .6 pounds of BOD
loading per day into the city's sewer system).
f.Non-project activities such as generic
rezones,annexations of areas already within RUSA,and
land use and utility comprehensive plan amendments.
g.Any development activity which at full
occupancy will not discharge more than 168 gallons per
day nor more than .6 pounds of BOD loading per day into
the city's sewer system.
section 6.Tolling of Time Periods.
6.1.Preliminary plats which were approved prior to
the enactment of Ordinance 1763 and this ordinance,but
which were prohibited by said ordinances from completing
construction of sewer extensions,in whole or in part,shall
be granted additional time for filing final plats,and the
time limitations specified in RCW 58.17.140 and MMC
20.16.200 are hereby tolled throughout the effective period
of said ordinances and any successors to the same.
6.2.Where developers have installed pUblic improve-
ments such as utility lines,storm drainage improvements,
streets,curbs,gutters and sidewalks,but the use of the
same is delayed by the moratorium imposed by Ordinance 1763
and this ordinance,the developer's warranty obligation to
the City with respect to such pUblic improvements shall be
tolled throughout the effective period of said ordinances,
and any successors to the same,and shall commence running
again after said ordinances have been repealed.
section 7.Administrative Determinations.Administrative
determinations regarding the interpretation and application of
this ordinance shall be made by the Director of the Department of
Public Works.Any aggrieved party may appeal such a determina-
tion to the city council by filing a Notice of Appeal with the
city Clerk within ten (10)days after the date of the determina-
tion.The City council shall consider the appeal at a pUblic
meeting within 30 days thereafter.The decision of the City
council shall be final.
ORDINANCE - 8
section 8.Variances.The City Council shall have author-
ity to grant variances from any and all provisions of this
ordinance.The procedures and application fees specified in
section 14.32.060(d)of the Marysville Municipal Code shall
apply.The grounds for a variance from this ordinance shall be:
8.1.Unique hardship status which was not self-
generated;or elimination of existing health hazards as
certified by the Snohomish Health District or a qualified
sanitarian;and
8.2.No significant quantity of sewage will be
discharged into the city's sewer system,and no significant
organic loading will be discharged into the city's sewer
system;and
8.3.No material detriment will result to pUblic
health or welfare or to the environment;and
8.4.No violation of the DOE Consent Order will
result.
section 9.Effective Date.This is a pUblic emergency
ordinance necessary for the protection of public health.The
effective date of this ordinance shall be AlJ.1l<.s+/3 ,1990.
section 10.Duration.This ordinance shall automatically
terminate,and be of no further force or effect,on
~b..................,/I.r "}q f unless extended by action of the City
council following public notice and hearing.
section 11.Severability.The provisions of this ordinance
are severable.If any provision of this ordinance or its
application to any person,property or circumstance is held
invalid,such invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without
the invalid provisions or application.
PASSED by the city Council and APPROVED by the Mayor this
t3"l't-.day of .It''9A-s-t-,1990.
CITY
YOR
ORDINANCE - 9
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Attest:
B~£Q;i:,-'CI CLERK
Approved as to form:
ORDINANCE -10