ORD 86-02 IMPERVIOUS SURFACE00~5.20005
WDT:jt
11/22/85
ORDINANCE NO. 86-02
AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON,
AMENDING SECTION 15.20.100 OF THE WINSLOW MUNICIPAL
CODE TO AMEND THE VOLUNTARY CONTRIBUTION CALCULA-
TIONS FROM A "PER ACRE" BASIS TO AN "IMPERVIOUS
SURFACE" BASIS; AND ADDING A NEW SECTION 15.20.130
TO THE WINSLOW MUNICIPAL CODE TO PROVIDE FOR
ENFORCING THE PROVISIONS OF CHAPTER 15.20; AND
AMENDING SECTION 15.20.060(B) TO REVISE FEES.
WHEREAS, the City has enacted Ordinance No. 85-13
which, among other things, imposed requirements for drainage
control on certain development in the City of Winslow, and
WHEREAS, Ordinance No. 85-13 also provided that the
Land Use Administrator was authorized to accept voluntary contri-
butions in lieu of installation of certain improvements, and
WHEREAS, Ordinance No. 85-13 had established suggested
guidelines for computation of the voluntary contribution based on
the size of the particular lot being developed, and
WHEREAS, there have been difficulties in applying the
suggested guidelines based on gross developable area, and
WHEREAS, the City's consulting engineer has recommended
adopting revised figures based on the number of square feet of
impervious surface being proposed, and
WHEREAS, the Council finds that this revised method
will be easier to administer, and
WHEREAS, the City Council finds that the suggested
amounts adequately reflect the cost of constructing stormwater
retention/detention facilities in the various drainage basins,
now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 15.20.100 of the Winslow Municipal
Code is hereby amended to read as follows:
A. Amount. The Land Use Administrator is authorized
to accept voluntary agreements to pay a portion of
the cost of constructing regional stormwater faci-
lities. The amount of contribution shall be suffi-
cient to mitigate the direct impacts of the
development. The amount of contribution shall be
determined on a case-by-case basis, but the Land
Use Administrator shall use as a guide the
following:
Basln
Impact Cost/lO0 Square
Feet Impervious Area
Basin A - Sportsman Club
Basin B - Weaver Road/Grow Ave.
Basin C - Madison Avenue
Basin D - The Canyon
Basin E - Wing Point Way
Basin F -Wlng Point
$15.00
$15.00
$15.00
$ 4.50
$15.00
$11.00
The Land Use Administrator is authorized to adjust
these guidelines periodically based on the Engi-
neering News index of construction cost or slmilar
construction cost index.
Computation. Appropriate adjustments shall be
given for construction of stormwater
retention/detention or transmission facilities,
which, in the opinion of the Land Use Administra-
tor, lessen the requirements for construction of
stormwater facilities by the City. Payment shall
be made prior to final City approval of the
development.
Credit for LID. At such time as an LID or ULID is
formed to construct all or part of the improvements
for which the contributions have been made, any
contributions made under this section by an
affected property shall, to the extent allowed by
law, be credited to that property's assessment
under the LID up to the amount of assessments.
Expenditure of Funds. The contribution shall be
held in a reserve account and may be expended to
fund a capital improvement agreed upon by the
applicant. The contribution shall be expended
within five years, unless otherwise agreed by the
applicant.
Section 2. A new section 15.20.150 is hereby added to
the Winslow Municipal Code to read as follows:
15.20.150 Enforcement.
Any person violating any of the provisions of this
chapter, includin9 failure to comply with an
approved drainage plan shall be 9uilty of a misde-
meanor and upon conviction thereof shall be
punished as set forth in Section 1.24.010 of the
Winslow Municipal Code.
In addition to the penalties provided herein, the
Land Use Administrator is authorized to issue stop
work orders in the same manner as specified in the
Uniform Building Code to persons failing to comply
with any of the provisions of this chapter,
includin9 failure to comply with an approved
drainage plan. Failure of the person upon whom a
stop work order has been issued to cease work
shall be a violation of this chapter and such
person shall be 9uilty of a misdemeanor and upon
conviction thereof be punished as set forth
herein.
Section 5. Section 15.20.060(B) is hereby amended to
read as follows:
Fee. A review fee of $25 shall be paid for
residential development of a single family
residence, duplex or trlplex. All others shall
pay a $100 fee, plus $25 per hour for review time
beyond four hours. In addition, all applicants
shall pay the actual expenses incurred by the City
if the City hlres outside consultants for review
of a drainage plan, or for advice to an applicant,
prior to application for approval of the drainage
plan.
Section 4. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid or unconstitu-
tional by a court of competent jurisdiction, such invalldity or
unconstitutionality shall not affect the validity or constitu-
tionality of any other section, sentence, clause or phrase of
this ordinance.
Section 5. This ordinance or a summary thereof con-
sisting of the title and Section 2 in its entirety, shall be
published in the offlcial newspaper of the Clty, and shall take
effect and be in full force five (5) days after the date of
publication.
APPROVED:
~YOR , ALICE 'B . TAWRESEY '
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ~
FILjDW~~I~THE CITY CLERK
: December 4, 1985
PASSED BY THE CITY COUNCIL: January 2, 1986
PUBLISHED: January 8~ 1986
EFFECTIVE DATE: January 13, 1986
ORDINANCE NO. 86-~2
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