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HomeMy WebLinkAbout102-09 - Ord. Amending Ord. 80-08 Adopting Stormwater and Surface Water UtilityORDINANCE NUMBER I OL-09 A¡¡ OnorruANcE Aü¡eNo¡r,¡c Onotrunruce 80-08 Aooplo¡¡ A SronmwATER Ar.ro SunFAcE Wnren Ull¡ry WHEREAS, on June 17,2008 the Board of County Commissioners adopted Ordinance 80-08 forming a Storm and Surface Water Utility under Title 14, Section 14.46 of the Mason County Code; and WHEREAS, controlling stormwater runoff continues to be a priority in Mason County, as does the need to meet Federal and State Stormwater standards; and WHEREAS, efforts to better facilitate the County's implementation of Section 14.46, as adopted, require revisions to the Ordinance to better clarify it's intent and promote effective implementation; and WHEREAS, Section 14.46 of the Mason County Code addressing the Storm and Surface Water Utility is being revised to incorporate more specific timeframes for the expansion of the boundaries of the Utility, as well as a series of maps for illustration and reference; and WHEREAS, the Board held a public hearing on Nt)úøj^wg¿ t?, 2009 to consider amendments to Section 14.46 as outlined above and received public testimony on the same. NOW THEREFORE, the Mason County Board of County Commissioners hereby adopts this Ordinance amending Ordinance 80-08 adopting a Stormwater and Surface Water Utility as outlined in Attachment "A" and with inclusion of new maps titled "Storm & Surface Water Utility Boundary - Maps 2 through 5" DATED tnis ffo ay of Utp't@*2009. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON %- S¿-q¿^ Tim Sheldon, Chair ATTEST: Attachment A Chapter 14.46 STORM AND SURFACE WATER UTILITY Sections: 14.46.010 Purpose. 14.46.020 Boundaries. 1 4.46.030 Utility responsibilities. 14.46.031 Organization of the utility. 1 4.46.040 Financial management. 14.46.010 Purpose. A storm and surface water utility is created for Mason County to develop and implement strategies and actions to reduce the frequency and severity of flooding so hazardous situations are eliminated; water quality improvement in all local streams, water bodies, Puget Sound and Hood Canal are achieved; the loss of important aquatic habitats is minimized. The goal of the utility will be to mediate conflicts between the pressures created by development and the need to conserve Mason County's natural environment. 14.46.020 Boundaries. The boundaries of the utility will change over time. lnitially the boundaries of the utility will be the Belfair and Allyn llurban G-growth Aareas as illustrated on Map Ns, 1. Future expansion of boundaries will be based on the following schedule provided in Table 1 unless development impacts, new research, or declining water quality and habitat loss indicates a more aggressive need to include the areas in the utility boundaries earlier. lraole t leefair and Allyn UGA (Map '1) Marine Recovery Areas and Shelton UGA (Map 2) Shellfish Protection Areas_$lggQ RuralActivities Centers and Limited Areas of More lntense Rural (LAMIRD) (Map 4) wide** (Map 5) * Based on development impacts and water quality **Designated@willnotbeincludedinanyutilityboundary Attachment A (1) Within the boundaries of the Utilitv (as defined in Table 1) @ pplicable sections of Chapter 14.48 ol this regulation will govern the development of land. This will include provisions of the 2005 Department of Ecology Drainage Manual or any version that might be developed in the future. This will include the use of low impact development techniques. (2) Outside the as defined in Table 1en-A¡laB-Þ,le=-1, applicable sections of Chapter 14.48 will govern the development of land until they might be added to the boundaries of the utility. ¡en= (3) Regardless of location, any land employing the master plan development process will be required to meet the requirements of subsection (1) of this section and the required sections of Chapter 14.48. 14.46.030 Utility responsibilities. The utility will have three basic responsibilities: (1) Flooding management; (2) Water quality improvement; (3) Protecting aquatic habitat. 14.46.031 Organization of the utility. The utility will be organized to perform the following functions: I lResponsible Department lCapital facilities planning Wlrorks ffi and potrcy lut¡ri¡eJànd v1þaste Mmanagement and ldevelopment lEenvironmental llhealth lOperations and maintenance lUtilities and Wwaste management lDevelopment review lCommunity Qdevelopment and lpublic Vlþorks lComm u n'rty peevelopment and flpub| icW-worksr-_llassistance I ¡6 I llenvironment llhealth @managementladministration I Utilities and Vlfraste Mmanagement, MasonPublic involvement and education Attachment A 1 4.46.040 Financial management. There are no annual stormwater fees associated with the creation of the utility at this time. Assessments or fees may become necessary to support the utility and its functions. Any fee system may be based on impervious surfaces, including all hard surfaces on a property including roof areas. Designated forest, agricultural lands, and open space lands will be exempt from payment of any assessment or fees. Properties greater than twenty acres in size with structures and impervious surfaces will pay a reduced rate. Such rate will be fifty percent of the established rate. Public and private roads constructed of impervious surfacing materials or portion thereof so constructed may be required to pay a fee not to exceed one hundred thousand dollars per year based on maintenance and monitoring needs for retrofít projects. A priority list of p@ects will be developed before any fee or assessment is collected. These projects can be ones that prevent flooding or manage water quality or preserve aquatic habitat. The first choice for control of any kind should be natural over man-made or built structures. Attachment A u/\r'i' STORM & SURFACE WATER UTILITY BOUNDARY Map 2 County Commissþnãs Lynda Ring Er¡cksoh. District 1 Datè ïm Sh eldm, District 2 Shannon 6oudy. Clqk ol$r Board Þrt. Leeend I Phase ll - MRAS and shôlton UGA þ ñtr tbh¡ré_þr${Ù}ryJ#s,ñtd I aþù¿r*s¡hhffi ù!@qh.*n6ns*ú.dúr!.4rd.ffi . eÛt.tuì'dddd r¡'ffibedt.{r-¡¡dÞ@qlôd o c¡ ã oãF} Þ 1 STORM & SURFACE WATER UTILITY BOUNDARY Map 3 County Comm¡ssioncrs ordinanôe NumÞÊr 1 ïm Sheldon. ffi Shanno¡ Goudy, Clerk ofthc Board Datc lÊsend I Phasê lll - Shellf¡sh Protêctþn Dlsûict6 ¡lcfu !@ûi.-hb'-ü{þ¡ry}M+ñ:d *lGd@ùùhúrßhbb'ôtñúù.ùbù|@ú¡s&ùd.tuc&dûD¡ùdhDbBS.Éf ÒrF& dı4rr4rúó''kq @¡ta .l4ñbdù ùd ú.b .@ùrúE!q9b*.,*4b -b!ld3!.Ñqid¡d Þ¡i;1.¡¡o 5 o¿Êl Þ STORM & SURFACE WATER UTILITY BOUNDARY Map 4 Co¡nty Commþs¡onels Lyn& EfngErickson. otstrtôt I Ross Gallaghfl D¡stri6t 3 Shannon Gouù, Cl.rk olth. Board Date Þ d.' ft ûJ!ts-ffi r-hÞ# dj*4-1.á4l.hrc I 6tl@¡$eùecûdøÈdlse deô @¡k@@udû'ræb.eÐt.4¡.¡çu*.¡..&6Àqb5.ù¡eò.ùúrqr ûd.d-.rrqe&kBb¡!.bdqdÉdó qür.#eEdù-¡dl¡@L@¡qlûd I enase lV- RACS and LAMIRDS o¡o =o = Þ ¡j STORM & SURFACE WATER UTILITY BOUNDARY Map 5 County CmmÈ5lo¡ù' Lynó Rrng EìclG{, gstÉl 'l R6s Gallagh s, Disirict 3 ShallM Gouù. L¡setd I enase v - Remalnd€r of county 1 MIRT¡I Þ.| ¡o Jo5 Þ