ORD 89-49 ESTABLISHING A TEMPORARY MORATORIUMROC:sk
To Be Considered: 11-02-89
Revised: 11-02-89
11-07-89 ORDINANCE NO. 89-49
AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON,
ESTABLISHING A TEMPORARY MORATORIUM FOR ALL DREDGING
IN EAGLE HARBOR IN THE CITY OF WINSLOW; AND
ESTABLISHING THE PENALTY FOR ANY VIOLATIONS THEREOF.
The Mayor and City Council of the City of Winslow,
Washington do ordain as follows:
Section 1.0 Purpose. The purpose of this ordinance
shall be to ensure a suitable and compatible living
environment for the citizens and owners of property in the
area affected by this ordinance.
1.1 Definitions.
A. "Moratorium" shall mean a time period within
which no dredging shall be permitted in the affected area for
any purposes and for a temporary period.
B. "Area affected" shall mean all the area of Eagle
Harbor West of an imaginery line drawn between Pierheads 9
and 13 as extended bounded by the limits of the City of
Winslow, Washington, and located in Eagle Harbor as depicted
on "Exhibit A" attached hereto and incorporated herein by
reference.
C. "Dredging" shall mean the removal of earth from
the bottom of a water body, as set forth in WMC 16.12.680.
1.2 General Requirements.
A. No dredging shall be permitted to occur in the
City of Winslow in the area affected of Eagle Harbor during
the moratorium which is established by this ordinance. No
permits allowing same or permitting development requiring
same shall be issued during such moratorium. Inconsistent
ordinances are superceded by this ordinance.
B. The moratorium established herewith shall be
temporary in duration, shall commence on the effective date
of this ordinance, and shall run in duration for a period of
six (6) months from effective date of this ordinance.
C. No development in the area affected shall be
relocated, improved, repaired or replaced during such
moratorium or thereafter without being subject to this and
city ordinances and regulations adopted or in effect during
such moratorium or at its expiration; this moratorium shall
not prohibit development requiring dredging for which the
necessary permits already have been obtained.
D. All new permit applications for development
requiring dredging received by the city during the pendency
Of this moratorium ordinance shall be subject to this and the
city ordinances and regulations adopted or in effect at the
expiration of this moratorium or adopted during such
moratorium.
E. This ordinance shall in no way be construed to
permit further or expanded use of, or locations for, existing
uses or structures within the area affected.
Section 2.0 Severability. If any portion of this
ordinance is found or rendered invalid or ineffective, all
remaining provisions shall remain in full force and effect.
Section 3.0 Penalty. The general penalties provided
for in the Winslow Municipal code shall apply to any
violations of this ordinance, and any person, firm,
corporation or association failing to comply with any of the
provisions of this chapter shall be deemed guilty of a
misdemeanor.
Section 4.0. This ordinance shall take effect and be
in force five days after its passage and legal publication.
Adopted this 2nd day of November , 1989,
and signed in authentication of its passage on the same date
hereof.
ATTEST/AUTHENTICATE:
A~B. TAWRESEY, Mayor
APPROVED AS TO FORM:
ROBERT O. CONOLEY, City Attgrney~
FILED WITH THE CITY CLERK: 11-02-89
PASSED BY THE CITY COUNCIL: 11-02-89
PUBLICATION DATE: 11-22-89
EFFECTIVE DATE: 11-28-89
ORDINANCE NO. 89-49