Chapter 13.29
CERTIFICATES OF WATER AVAILABILITY
Sections:
13.29.010 Purpose and application.
13.29.020 Certificates required and defined.
13.29.030 Expiration of certificates of water availability.
13.29.040 Perfecting of water certificate.
13.29.050 Fees for certificates of water availability.
13.29.010 Purpose and application.
The purpose of this chapter is to govern certificates of water availability. Nothing in this chapter shall be construed as limiting the authority of the city to impose additional policies and procedures under other applicable laws. The public works director has the authority to modify the requirements of this chapter to the extent that (A) the requirement is an unnecessary burden on the applicant; (B) the city can still ensure that it does not overextend its water resources; and (C) these resources are distributed to new developments and redevelopments in an equitable manner. (Ord. 1704 § 1, 2007).
13.29.020 Certificates required and defined.
Certificates of water availability are defined as certificates issued by the city stating the ability to provide water to meet the needs of a proposed development project as contemplated in RCW 19.27.097, as now or hereafter amended. Certificates of water availability shall be submitted in conjunction with a land use permit application as required by MMC 17.61.020(C)(2)(d), as now or hereafter amended, or with a building permit application as required by RCW 19.27.097, as now or hereafter amended. Certificates of water availability shall not be required or allowed for any site-specific rezones, notwithstanding any conflicting provision of MMC 17.61.020(C) (2)(d). The land use permit applications identified in this section shall not be deemed complete for purposes of permit review deadlines until a valid certificate is submitted to the review authority. Certificates shall be issued only to meet the water needs of development proposed in a land use or building permit application. (Ord. 1704 § 1, 2007).
13.29.030 Expiration of certificates of water availability.
Certificates of water availability shall state that they shall only remain in effect for the later of (A) one year; or (B) during the pendency of any permit application for which the certificate has been submitted as required in MMC 13.29.020. Certificates of water availability without expiration dates issued by the city of Milton prior to August 15, 2007, shall expire the later of (A) August 15, 2007, or (B) one year from issuance. Certificates of water availability issued prior to August 15, 2007, that are associated with current development and building permit applications shall remain in effect unless and until such pending permit application expires or is deemed to be inactive, as defined elsewhere in the Milton Municipal Code. The city of Milton shall notify the holders of certificates without expiration dates issued prior to August 15, 2007, of the impending expiration by publishing a legal notice in the city’s official newspaper and posting the same on the city’s website. The city shall also send a copy of the legal notice by certified mail to each holder for whom the city has a mailing address and record of issuing a certificate of water availability without expiration date. (Ord. 1704 § 1, 2007).
13.29.040 Perfecting of water certificate.
Once a permit identified in MMC 13.29.020 is approved, the accompanying water certificate shall be perfected for the use proposed in the permit and the holder shall have a right to connect to the city’s water system. Certificates issued without an expiration date prior to August 15, 2007, shall be deemed perfected if issued for property upon which a land use or building permit application has been approved prior to August 15, 2007, but only to the extent necessary to meet the needs of the approved development. (Ord. 1704 § 1, 2007).
13.29.050 Fees for certificates of water availability.
Certificates of water availability shall only be issued upon payment of fees required in the fee resolution adopted pursuant to MMC 3.48.010. A new fund shall be created exclusively for fees collected for certificates of water availability. Expenditure of moneys in this fund shall be limited to the administration of water rights programs, including but not limited to administering letters of water availability and costs of securing new or maintaining existing water rights and securing new wells or increase capacity of existing wells to enable the city to continue to issue letters of water availability. (Ord. 1704 § 1, 2007).