HomeMy WebLinkAboutO-2857 - Amends Sec. 14.03.500, 14.07.005, 14.15.020(18), 14.15.050(2)(f), 14.15.062, 14.15.070, 14.15.120, 14.15.220, 14.18.010 and 14.32.050, water and sewers (14.03, 14.07, 14.15, 14.18, 14.32)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE2..~57
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AMENDING SECTIONS OF MARYSVILLE MUNICIPAL CODE TITLE 14
"WATER AND SEWERS" CHAPTERS 14.03,14.07,14.15,14.18, AND 14.32
RELATING TO AND UPDATING REFERENCED MMC SECTIONS AS A
RESULT OF THE ADOPTION OF THE UNIFORM DEVELOPMENT CODE;
AND PROVIDING FOR SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, effective February 28, 2011, the City of Marysvi l1e adopted Ordinance No 2852 entitled
Title 22 Unified Development Code (UDC), repealing Chapter 2.70 MMC Hearing Examiner, MMC Title
15 Development Code Administration, Chapter 16.32 MMC Floodplain Management, MMC Title 18
Planning MMC Title 18A Parks, Recreation, Open Space and Trail Impact Fees and Mitigation, MMC
Title 18B, Traffic Impact Fees and Mitigation MMC Title 18C School Impact Fees and Mitigation, MMC
Title 19 Zoning and MMC Title 20 Subdivisions; and,
WHEREAS, MMC references in Title 14 entitled "Water and Sewers" need to be updated for
consistency with and to reference Title 22 Unified Development Code (UDC).
NOW THEREFORE, the City Council of the City of Marysville, Washington do ordain as
follows:
Section 1. MMC Chapter 14.03 Section 14.03.500 Variances, is hereby amended to read as
follows:
14.03.500 Variances.
The city engineer shall have authority to administratively grant a variance from any rule,
regulation or requirement of this chapter or ofthe specifications manuals incorporated in this
chapter by reference. Application for such a variance shall be filed, in writing, with the city clerk
together with a filing fee as set forth in MMC 15.12.010 22G.030.020. The city engineer is
authorized to issue variances in cases of special hardships, unique circumstances and practical
difficulties. No variance shall be granted which would be detrimental to the public health, welfare
or environment, or which would be inconsistent with the long-range plans ofthe Marysville
utility system. Conditions may be imposed upon the granting of a variance to ensure the
protection of the public health, welfare and environment. Each variance shall be considered on a
case-by-case basis, and shall not be construed as setting precedent for any subsequent application.
The decision of the city engineer on a variance application shall be final, subject to appeal to the
city land use hearing examiner pursuant to the procedure of Chapter 2-:+G 22G.060 MMC and
Chapter 22G.Ol 0 Article VIII ~ MMC within a 20-day period after the written decision of the
city engineer. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2375 § 5,2001; Ord. 2106 § 11,1996; Ord.
1434, 1985).
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Section 2. MMC Chapter 14.07 Section 14.07.005 General fee structure is hereby amended to
read as follows:
14.07.005 General fee structure.
The pu IC works department IS aut onze to c harge an d coII h fl 11 ees:br h . d ect teo owmg
Type of Activity Fee
Land development review and construction See Chapter ~22G.030.020 fVIMC
inspection fees
Street closure notice $60.00
Install/repair street sign Materials and expenses
Street code variance See Chapter ~22G.030.020 MMC
Application for vacation of streets, roads and $500.00, plus appraisals, cost of preparing legal
alleys descriptions
Vegetation abatement Cost to abate plus a 10 percent surcharge (see MMC
12.36.020 and 12.36.030)
Storm connection fee $100.00
Construction water $3.50/1 ,000 gallons used
Hydrant water $50.00 setup + $3.50/1,000 gallons used
Sanitary sewer extension inspection charge See Chapter ~22G.030.020 MMC
Sanitary sewer inspection fee (right-of-way to $100.00 per connection
residence)
Segregations (local improvement district fees) $100.00, plus actual engineering costs incurred by the
city
Disconnection charges: $5.00
Voluntary disconnection of service
$10.00; $20.00 if the utility department is required to
Involuntary disconnection of service make a special trip for a single account in an
involuntary disconnection situation
Reconnection charges: $5.00
Voluntary reconnection
$10.00; $20.00 if the utility department is required to
Involuntary reconnection make a special trip for a single account in an
involuntary reconnection situation
Shut-off/tum-on fee after hours (water) $75.00
Unauthorized connection: water or sewer
$200.00
Variances: water/sewer See Chapter ~22G.030.020 MMC ($250.00)
Water system extension inspection fee
See Chapter ~22G.030.020 MMC
Miscellaneous utility relocation (hydrants, meters, Time and materials
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blow-offs)
Water use violation:
Commercial
Residential
$200.00
$50.00
Water and/or sanitary sewer plan review See Chapter ~ 22G.030.020 MMC
Water/sewer connection filing fee $20.00
Water/sewer system design standard
specifications manual
$10.00 -$50.00
Account change water meter read $15.00
Recovery contract $500.00 minimum or one percent of project +
$100.00 collection fee
Emergency locate (after hours) $100.00
Late payment fees Five percent of account for first notice; additional five
percent of account for second notice
Bank returned item fee $40.00
Photocopies See MMC 1.16.070
Blueprint copies See MMC 1.16.070
Staff time See MMC 1.16.070
Tape duplication See MMC 1.16.070
Mailing costs See MMC 1.16.070
(Ord. 2816 § I (Exh. A), 2010; Ord. 2780 § 4, 2009; Ord. 2756 § 1,2008; Ord. 2554 § 1,2004;
Ord. 2346 § 1, 2000; Ord. 2267 § I, 1999; Ord. 2106 § 2, 1996).
Section 3. MMC Chapter 14.15 Subsections 14.15.020 (18), 14.15.050 (2)(f), and Sections
14.15.062,14.15.070, 14.15.120, 14.15.220 are amended to read as follows:
14.15.020 Definitions.
(18) "Planned residential developments" refers to residential developments which are planned
and/or developed in several stages but submitted together for approvals, and which typically
consist of clusters of structures interspersed with areas of common open spaces (refer to Chapter
+94& 22G.080 MMC).
14.15.050 Minimum requirements.
(2)(t) The SWPPP shall include a narrative and drawings. All BMPs shall be clearly referenced in
the narrative and marked on the drawings. The SWPPP narrative shall include documentation to
explain and justify the pollution prevention decisions made for the project. Clearing and grading
activities for developments shall be permitted only if conducted pursuant to an approved site
development plan (e.g., subdivision approval) that establishes permitted areas of clearing,
grading, cutting, and filling. When establishing these permitted clearing and grading areas,
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consideration should be given to minimizing removal of existing trees and minimizing
disturbance/compaction of native soils except as needed for building purposes. These permitted
clearing and grading areas and any other areas required to preserve critical or sensitive areas,
buffers, native growth protection easements, or tree retention areas as may be required by Chapter
~22E.0I0 MMC, Critical Areas Management, or Chapter -l-9-,;!8 22D.050 MMC, Clearing,
Grading, Filling and Erosion Control, shall be delineated on the site plans and the development
site.
14.15.062 Low impact development (LID) -Alternative drainage standards.
Low impact BMPs are an alternative to conventional stormwater management systems that rely
on detention ponds and closed conveyance. Instead, low impact development is intended to
manage runoff close to the source of generation and to mimic the predeveJoped hydrologic
condition of a site. This is accomplished first through minimizing the impervious surface
coverage and second by managing runoff through dispersion, infiltration, evapo-transpiration, or
a combination of these approaches. Use of LID BMPs may reduce or eliminate the need for
conventional detention facilities but does not remove the obligation to comply with the minimum
requirements in MMC J4.15.050. A variety of BMPs to minimize impervious surfaces and to
manage stormwater have been developed and tested for use in western Washington. These BMPs
and the overall LID approach are described in the LID Technical Guidance Manual for Puget
Sound.
The menu of LID BMPs identified in the LID Technical Guidance Manual for Puget Sound are
accepted for use in stormwater site plans to address the minimum requirements for flow control
and runoff treatment in MMC 14.15.050, subject to the specifications, performance standards,
and design criteria in the LID Technical Guidance Manual for Puget Sound, review and approval
under this chapter, Chapter +9A9 22C.260 MMC, as applicable, and the requirements and
limitations below.
(1) The city engineer may approve the following LID BMPs to meet water quality treatment
requirements:
(a) FuJI Dispersion. Sites that are approved for full dispersion, consistent with the
standards in the LID Technical Guidance Manual for Puget Sound, are not required to
provide water quality treatment.
(b) Bioretention. Any stormwater runoffthat infiltrates through the imported soil mix in
an approved bioretention facility will have received the equivalent of enhanced treatment.
Where bioretention is intended to fully meet treatment requirements, facilities shall be
designed, using an approved continuous runoff model, to infiltrate 60 percent of the
developed two-year peak flow.
(2) In addition to the requirements in MMC 14.15.065, applicants for LID BMPs shall provide a
site assessment. The site assessment shall include the following, unless waived or modified by the
city engineer:
(a) A mapped inventory of existing vegetation and description of tree cover and
understory;
(b) A mapped inventory of wetlands and streams and required buffers under Chapter
~22E.0 I0 MMC on the site;
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(c) A survey prepared by a registered land surveyor or other Iicensed professional to
conduct surveys showing existing development, including utility infrastructure, on and
adjacent to the site, major and minor hydrologic features, including seeps, springs, closed
depression areas, drainage swales, and topographic relief at two-foot contours;
(d) The location of all existing and proposed lot lines and easements;
(e) A soils report by a licensed geotechnical engineer or licensed engineering geologist.
The report shall identify:
(i) Underlying soils on the site, utilizing soil pits and soil grain analysis to assess
infiltration capability. The frequency and distribution of test pits shall be
adequate to direct placement of the roads and structures away from soils that can
most effectively infiltrate stormwater;
(ii) Topographic features that may act as natural stormwater storage or
conveyance and underlying soils that provide opportunities for storage and partial
infiltration;
(iii) Depth to ground water;
(iv) Landslide hazard areas on the site and the distance to slopes over 25 percent
or landslide hazard areas within 500 feet of the site;
(f) Flood hazard areas on or adjacent to the site;
(g) SEPA environmental checklist.
(3) Additional studies may be required to address potential impacts to down-slope properties.
(4) Restrictions on conversion of drainage facilities shall be recorded on the face of the plat.
(5) A covenant shall be recorded with the Snohomish County auditor's office for each lot
containing or served by bioretention facilities in a form approved by the city attorney. The
covenant shall identify requirements and liability for preservation and maintenance of low impact
development facilities approved under this chapter and privately held in individual or undivided
ownership or intended for public ownership.
(6) An easement shall be granted for city access to low impact development facilities on private
property to allow inspection, maintenance, and repair. (Ord. 2816 § ] (Exh. A), 2010; Ord. 2694
§ 2, 2007).
14.15.070 Development in critical flood, drainage and/or erosion areas.
Development which would increase the volume of discharge from the subject property shall not
be permitted in areas where existing flooding, drainage, and/or erosion conditions present an
imminent likelihood of harm to the welfare and safety of the surrounding community or property,
until such time as the community hazard is alleviated. Where application of the provisions of this
section will deny all reasonable use of the property, the director or designee may waive the
restrictions on development contained in this section; provided, that the resulting development
shall be subject to all of the remaining terms and conditions of this chapter and
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Chapter ~22E.OIO MMC, Critical Areas Management. (Ord. 2816 § I (Exh. A), 2010; Ord.
2476 § 2, 2003).
14.15.120 Inspections -Construction.
All activities regulated by this chapter shall be inspected by the engineer and/or public works
department. Projects shall be inspected at various stages of the work to determine that adequate
control is being exercised. Stages of work requiring inspection include, but are not limited to,
preconstruction; installation of BMPs; land-disturbing activities; installation of utilities,
landscaping, retaining walls; and completion of project. When required by the director or
designee, a special inspection and/or testing shall be performed.
The holder of any permit or approval issued subject to a detailed drainage plan shall arrange with
the engineer for scheduling the following inspections:
(I) Initial Inspection. Inspection prior to clearing and construction wi II apply to sites with
a high potential for sediment damage, as identified by the applicant during civil review
based on definitions and requirements of Appendix 7 of the Western Washington Phase II
Municipal Stormwater Permit;
(2) Grading Preparation. Whenever work on the site preparation, grading, excavations, or
fill is ready to be commenced, but in all cases prior thereto subject also to provisions of
MMC 19.28.070 22D.050.070;
(3) Rough Grading. When all rough grading has been completed;
(4) Bury Inspection. Prior to burial ofany underground drainage structure;
(5) Finish Grading. When all work including installation of all drainage structures and
other protective devices has been completed;
(6) Planting. When erosion control planting shows active growth;
(7) System-wide inspections for residential developments will take place after all flow
control and water quality treatment facilities are completed during the period of heaviest
house construction to identifY maintenance needs and enforce compliance with
maintenance standards as needed.
In some circumstances not all of the above inspections may be necessary. It shall be the discretion
of the public works director or designee to waive or combine any of the above inspections as
dictated by conditions.
The public works director or designee shall inspect the work and shall either approve the same or
notifY the applicant in writing in what respects there have been failure to comply with the
requirements ofthe approved plan. Any portion of the work which does not comply shall be
promptly corrected by the applicant. The public works director or designee may make
unscheduled site inspections to ensure compliance. Uncorrected violations will be subject to the
provisions ofMMC 14.15.190. (Ord. 2816 § I (Exh. A), 2010; Ord. 2476 § 2,2003).
14.15.220 Appeals.
The decision of the director may be appealed by an aggrieved party pursuant to MMC Title 15
Chapter 22G.0 I0.530 to the hearing examiner by filing written notice of appeal, including an
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appeal fee of$500.00, with the city's public works department or community development
department, within 10 days of notice of the director's decision. (Ord. 2816 § 1 (Exh. A), 2010;
Ord. 2476 § 2, 2003).
Section 4. MMC Chapter 14.18 Section 14.18.010 Purpose is hereby amended, to read as follows:
14.18.010 Purpose.
In areas of the city which are largely undeveloped, but where future growth is anticipated, it is
possible to do advance planning for regional stormwater drainage facilities on a basin-wide basis.
In such cases the preferred location of such regional facilities may be predetermined, and the cost
ofconstructing the same may be equitably assessed against private property owners within the
affected drainage basin at the time new development projects are proposed. The concept of
financing public works projects with mitigation assessments paid by developers who are causing
the need for such projects is consistent with the State Environmental Policy Act (Chapter 43.21 C
RCW and Chapter~22E.030 MMC), and RCW 82.02.020. (Ord. 2816 § I (Exh. A), 2010;
Ord. 2245 § 5, 1999).
Section 5. MMC Chapter 14.32 Section 14.32.050 Administrative procedure is hereby amended
to read as follows:
14.32.050 Administrative procedure.
(I) Applications for Utility Connections. Owners of property within the USA but outside the city
limits who desire to connect to city utilities may file an application for the same with the city
engineer, or his designee, on forms provided by the city. All such applications shall be
accompanied by the application fee required in MMC 14.07.005 and payment in full of all
assessments required by the city code and, where applicable, by a fully executed annexation
petition. No letter of utility availability shall be issued until such time as the subject property has
been annexed to the city. If annexation does not occur, all application fees and assessments shall
be refunded.
The city engineer, or his designee, shall determine whether applications are complete, and may
require the submittal of additional documentation, including an environmental/economic impact
statement, if necessary. The decision of the city engineer, or his designee, concerning the
recommendation to grant or deny utility connection following annexation or to grant or deny a
letter of water or sewer availability shall be in writing and shall be mailed to the applicant at the
address stated on the application form.
(2) Application Granted -Duration. Following annexation, if the connection is granted, the
applicant shall have a period of 12 months to comply with all city utility codes and requirements
and complete the utility connections to the property. If the same are not so completed, the
applicant's right to a connection shall become void. If an availability letter relates to lots within a
proposed formal plat, short plat, or binding site plan, the applicant shall have a period of two
years to comply with all city codes and requirements and complete the utility connections to the
property. If the same are not so completed, the applicant's utility application shall become void.
(3) Application Denied -Appeal. Following annexation, if the connection is denied, or the
application letter rejected, or if an applicant is aggrieved by conditions imposed by the city
engineer, an appeal may be filed within 14 days of the date of the city engineer's decision. Such
appeal shall be filed with the city engineer and shall be processed in accordance with the
procedures for administrative appeals outlined in MMCTitle 15 Chapter 22G.OI 0.530. Appeals
must be accompanied by the fee required in MMC 14.07.005.
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(4) Variances. The city land use hearing examiner shall have authority to grant variances from
any and all provisions of this chapter, and from the adopted USA plan. Applications for such
variances shall be filed, in writing, with the city engineer, together with a filing fee of $200.00.
The applicant shall be given 10 days' notice of the date on which the hearing examiner shall
consider the variance. The hearing examiner is authorized to issue such variances only if it is
found that a Iiteral enforcement of this chapter would cause practical difficulties or unnecessary
hardships. No such variance shall be authorized unless the examiner finds that all of the following
facts and conditions exist:
(a) That there are exceptional or extraordinary circumstances such as a bona fide public
health emergency or conditions applying to the subject property or as to the intended use
thereof that do not apply generally to other properties in the same vicinity;
(b) That such variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant possessed by the owners of other properties in the same
vicinity;
(c) That the authorization of such variance will not be materially detrimental to the public
interest, welfare or the environment;
(d) That the granting of such variance will not be inconsistent with the long-range plans
ofthe city utility system;
(e) That the granting of such variance is consistent with the Growth Management Act,
Chapter 36.70A RCW;
(f) For purposes of this chapter the term "bona fide public health emergency" shall mean
that service is necessary and that all of the following are present:
(i) The impact on public health potentially impacts the general public rather than
solely the property owner making application;
(ii) The hardship is not the result of the applicant's own action;
(iii) The hardship is not merely financial or pecuniary;
(iv) The city's NPDES permit will not be affected by the extension (if
applicable);
(v) The extension is consistent with the goals of the city's water and sewer
comprehensive plans and all other applicable law, including, but not limited to,
the Public Water System Coordination Act (Chapter 70.116 RCW), the Growth
Management Act, and the State Environmental Policy Act;
(vi) The city has adequate capacity and adequate infrastructure available to
provide the required service, or the applicant voluntarily agrees to provide the
necessary infrastructure upgrades to allow service consistent with city standards.
In authorizing a variance, the hearing examiner may attach thereto such conditions as deemed
necessary to carry out the spirit and purposes of th is chapter and to protect the long-range plans of
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the city utility system and the public interest. Each variance shall be considered on a case-by-case
basis and shall not be construed as setting precedent for any subsequent application. A variance
shall become void if the utility connection allowed has not been completed in accordance with the
time schedule provided in subsection (2) of this section. The decision of the hearing examiner on
a variance shall be final, and no similar application for the same property may be filed for a
period of six months thereafter. Any party aggrieved by the decision of the hearing examiner on a
variance shall have a right to file a petition under the Land Use Petition Act in the Snohomish
County superior court; provided, that the application must be filed and served within the
timeframes prescribed by Chapter 36.70C RCW.
(5) Extended Time for Connections. In the event that a utility connection approved pursuant to
subsection (2) or (4) of this section cannot be completed within the time period specified therein,
the applicant may be granted one or more extensions by the city engineer; provided, that an
extension must be requested while connection rights are still valid, and shall only be granted for
good cause shown and for the minimum period necessary to complete the connection; provided
further, that the city engineer may impose a condition on any extension so as to require the
applicant to immediately pay all capital improvement charges reasonably projected for the subject
property (which payment shall be nonrefundable), and so as to require the applicant to
immediately commence paying minimum service charges reasonably projected for the subject
property (which payments shall be nonrefundable). Extensions provided for herein are privileges
and not rights, and shall be granted or denied in the discretion of the city engineer. The decision
of the city engineer shall be final. (Ord. 2835 § 1,2010; Ord. 2606 § 1,2005; Ord. 2375 § 7,
2001; Ord. 143], 1985; Ord. 1267, 1982; Ord. 1242 § 6,1982. Formerly 14.32.060).
Section 6. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, sentence, clause, phrase or word of this ordinance.
Section 7. Effective Date. This ordinance shall become effective five days after the date of
its publication by summary.
-~ ~~A.~O PASSED by the City Council and APPROVED by the Mayor this2":> day of ~,2011.
CITY OF MARYSVILLE
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ATIEST:
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April
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Approved as to form:
By ~~~~,
Grant Weed, City Attorney
Date of Publication: 4,{;;[ZeOI (
Effective Date (5 days after publication): 117t] ;It Lui(
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