Chapter 13.100
WATER SUPPLY AVAILABILITY MANAGEMENT

Sections:

13.100.010    Purpose.

13.100.020    Definitions.

13.100.030    Applicability.

13.100.040    Water availability.

13.100.050    Monitoring water supply availability.

13.100.060    Fees.

13.100.070    Other authority.

13.100.080    Appeals.

13.100.010 Purpose.

This chapter sets forward the requirement for tracking the availability of water supply for development. (Ord. 2244 § 1, 1999).

13.100.020 Definitions.

“ERU” means equivalent residential unit; a unit of measure used to define the projected water consumption of a single-family detached residence based upon the average consumption identified in the most current water utility comprehensive plan. Ratios of average water consumption for nonresidential development and multifamily units to the projected water consumption of a single-family detached residence shall be used to convert these land uses to an ERU.

“Forecasted demands” means the number of ERUs of existing customers plus the number of ERUs which the City has granted water availability by agreement or otherwise times the quantity of water needed to supply them.

“Water system supply capacity” means the capacity, defined in ERUs, for the water utility to supply water to new customers based on its water rights, agreements for wholesale water purchases divided by the water consumption of a single-family detached residence.

“Certificate of water supply availability” means the official written statement issued by the City that documents water supply being available for a specific development application.

“Change in use” means a change from one permitted use in the City’s Land Use Code to another permitted use in the City’s Land Use Code.

“Complete application” means the application form and all accompanying documents, fees and exhibits required of an applicant by the City for development review purposes, and determined in writing by the City to be sufficient.

“Comprehensive Plan” means the City of Issaquah Comprehensive Plan adopted by Ordinance No. 2061 on April 17, 1995, including any amendments thereto.

“Water supply availability approval” means the official determination by the City that there is adequate water supply to meet the demands of a proposed development. Water supply availability approval will be documented in writing by a “certificate of water supply availability.”

“Water supply availability management system” means the procedures, forms and processes used by the City to evaluate proposed development for compliance with the requirements of this chapter.

“Development” means any construction, reconstruction or any use of real property that requires review and approval of a Development Permit.

“Development Permit” means Building Permit, Administrative Site Development Permit, Site Development Permit, Short Plat Application, Preliminary Plat Application, Project Rezone Application, Master Site Plan, Urban Village Development Agreement or amendments to any of the above.

“Director” means the Director of the Public Works Department or his/her designee.

“Reservation of water supply capacity” means the portion of the unused water supply capacity set aside to accommodate approved, but unbuilt, developments. (Ord. 2244 § 2, 1999).

13.100.030 Applicability.

This chapter applies to applications for Development Permits. (Ord. 2244 § 3, 1999).

13.100.040 Water availability.

A. Developments that are defined as vested by the Transportation Concurrency Ordinance adopted on May 4, 1998 are vested in their water availability. Developments that have agreements with the City for water supply are vested in their water availability subject to the terms of the agreements. These developments will require issuance of a water availability certificate(s) once permits are applied for.

B. A water supply availability review and determination shall be completed prior to the application for any Development Permit. The Public Works and Planning Departments will coordinate the issuance of water availability certificates and transportation concurrency certificates. All final decisions regarding the administration of this chapter shall be the responsibility of the Director. Water supply availability certificates will not be issued without the simultaneous issuance of a transportation concurrency certificate.

C. If a development requires more than one Development Permit, the water supply availability determination shall occur prior to the application of the first Development Permit.    

D. A water supply availability determination shall be required for a change in use or modification to an existing building or site. For purposes of this chapter, a change in use or modification to an existing building or site to accommodate a more intensive use will be subject to a water supply availability determination. A water supply availability determination for a new increase in water supply demand will be performed at the time a complete application for a water supply availability determination for the new demand is received by the City. No reservation of capacity will be approved for a change in use that is otherwise not permitted pursuant to the City’s Land Use Code or official Zoning Map.

E. A certificate of water availability shall be issued by the Director for each application that is granted water availability.

F. The Director shall issue certificates of water supply availability concurrent with certificates of transportation concurrency for the earliest application reviewed and approved.

G. Subsequent certificates will be issued in the order of completion of review and approval. The purpose of this section is to enable applicants who are ready for approval to receive a certificate of water supply availability, even if their application was submitted after an earlier applicant. It is the City’s intent to treat applications on a “first-come, first served” basis, but to use this section to avoid the delays in approval of development caused by applicants who are unable to complete the review process as a result of their own action (or inaction).

H. Upon issuance of a certificate of water supply availability, the Director shall reserve capacity on behalf of the applicant, and indicate the reservation on the certificate of water availability.

I. Certificate of water supply availability shall expire if/when the transportation concurrency certificate for the project expires or if the underlying Development Permit is revoked by the City. No development shall be required to obtain more than one certificate of water supply availability, unless the applicant or subsequent owner proposes changes or modifications to the property location, density, intensity, or land use that creates additional impacts on water supply, or the original certificate of water supply availability has expired.

J. A certificate of water supply availability is valid only for the specified parcel on which the development will be built, and is valid only for subsequent Development Permits for the same parcel, and new owners of the original parcel for which it was issued. A certificate of water supply availability cannot be transferred to a different parcel, and shall be limited to the uses, densities and intensities for which it was originally issued.

K. Upon subdivision of a parcel that has obtained a certificate of water supply availability, the Director shall replace the certificate by issuing a separate certificate of water supply availability to each subdivided parcel, assigning to each a pro-rata portion of the water availability rights of the original certificate. The Director may modify such assignment upon petition of the owner, or may reject such petition. Any change of use of such subdivided parcels shall require a new determination of water supply availability.

L. The City shall provide a written statement of the reason for denying an application under this section. (Ord. 2244 § 4, 1999).

13.100.050 Monitoring water supply availability.

The City shall deduct the number of additional ERUs for each development permit from the supply available and monitor the balance. A certificate of water supply availability shall only be issued if supply is available in accordance with this chapter. Annual updates will be provided to the City Council regarding the status of the City’s water supply capacity. (Ord. 2244 § 5, 1999).

13.100.060 Fees.

The City shall charge a processing fee of $75.00 to any individual or entity that requests a water supply availability determination, except governmental entities. The processing fee shall be nonrefundable and nonassignable to any other fees. All such water supply availability processing fees are to be paid in full upon application for a water supply availability determination. (Ord. 2244 § 6, 1999).

13.100.070 Other authority.

Nothing in this chapter is intended to limit the City’s authority under the State Environmental Policy Act or any other source. (Ord. 2244 § 7, 1999).

13.100.080 Appeals.

Any decision to approve, condition or deny a development proposal based on the requirements of this chapter may be appealed according to the appeal procedure for the permit or approval involved. (Ord. 2244 § 8, 1999).