HomeMy WebLinkAboutOrdinance 1993ORDINANCE NO.
AN ORDINANCE AMENDING CPMC CHAPTER 17.60 BY ADDING PROVISIONS FOR
INTERIM WATER SERVICE AND DEVELOPMENT STANDARDS FOR LANDS WITHIN THE
TOLD AREA (CP -1B) URBAN RESERVE
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make
revisions to its municipal code which shall become part of the overall document and
citation.
B. On June 3, 2014, the Central Point Planning Commission recommended approval of a
code amendment to CPMC Chapter 17.60 adding Interim Water Service and
Development Standards.
C. On July 24, 2014, the City of Central Point City Council held a property advertised public
hearing; reviewed the Staff Report and findings; heard testimony and comments, and
deliberated on approval of the Municipal Code Amendment.
D. Words lined-threugh are to be deleted and words in bold are added.
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Amendments to Chapter 17.60 to add provisions for interim water service and
development standards for lands within the Tolo Area (CP -1 B) urban reserve.
Chapter 17.60
GENERAL REGULATION
Sections:
17.60.220 Interim Water Service and Development Standards
17.60.220 Interim Water Service and Development Standards.
A. Purpose. The purpose of this Section is to establish regulations permitting interim water
service for new development within CP -16 where the municipal public water system cannot be
immediately extended but where traded sector and support uses will produce economic growth and
development.
B. Applicability. This Section shall apply exclusively to lands located within the area shown on
the below map (the eligible lands) upon inclusion in the City's Urban Growth Boundary and
annexation to the City. Nothing in this Section shall be construed to waive or otherwise interfere with
the authority of the Oregon Water Resources Department, nor shall this ordinance prevent the repair
or replacement of existing domestic wells which supply existing dwellings, nor shall it prevent the
Ordinance No. J H Y 5 (081414)
issuance of well permits for residential uses where such land is under the jurisdiction of Jackson
County and zoned to permit residential uses.
r-- Eligible Interim Water
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It Service Area
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Urban Reserves,.,,,.,,,..___._____
C. Interim Water Service Needs Agreement. Before eligible lands are included within the City's
Urban Growth Boundary the owner of the land shall enter into an Interim Water Service Needs
Agreement on forms that the City will provide which acknowledges that:
1. A public water system is not available and that it is the owners responsibility, at time of
development, to demonstrate the owners ability to provide, both physically and financially,
adequate private water service for the proposed development;
2. At such time as a public water system becomes available it will be the owner's responsibility,
at the owner's sole cost and expense, to connect to the public water system; and
3. Prior to issuance of a Development Permit the owner will apply for and obtain an Interim
Water Service Agreement pursuant to Subsection D.
D. Interim Water Service Agreement. At time of a development proposal the owner shall enter
into an Interim Water Service Agreement with the City. The Agreement shall be entered into prior to
final plat approval for a partition or subdivision, or the issuance of a building permit by the City, and
shall demonstrate compliance with the following standards:
1. After consulting with Fire District #3, an Applicant for interim water service shall cause the
preparation and submittal of engineered plans to Fire District #3. The engineered plans shall
identify the minimum domestic and fire suppression water needs, the proposed water source,
storage and distribution facilities necessary to meet the minimum water needs for both
domestic use and fire suppression. The engineered plans shall be prepared by a qualified
professional engineer licensed in Oregon that bears his/her professional stamp and seal and
shall include an engineer's estimate of the cost to construct the water system per the
approved engineered plans.
Ordinance No. M (081414)
2. The engineered interim water service plans shall be submitted to Fire District #3 which will
have sole authority to determine, on behalf of the City, whether the plans comply with the
following standards and provided that reasonable and appropriate conditions may be
attached by Fire District #3 to the approved plans :
a) Minimum Water Source, Water Storage, and Water Pressure Standards. The engineering
plans shall comply with and be governed by Oregon law, including the 2010 Oregon Fire
Code, as amended, with respect to water source, water storage, minimum water
pressure for domestic and fire suppression purposes, and for any other matter
concerning the engineering and delivery of interim water service pursuant to this
Section. An applicant shall provide evidence sufficient from the Oregon Water
Resources Department to establish a lawful right to use ground or surface water to
supply interim water service.
Water Quality. Water supplied by groundwater for interim water service and which is
intended for human consumption shall meet State of Oregon water quality standards
for drinking water. Wells shall be tested annually for quality in accordance with
Oregon law.
b) Approval of Engineered Plans for Interim Water Service. Fire District #3 shall approve
the engineered plans when such plans are deemed to comply with the standards for
service set forth in above Subsection (D)(2)(a). Fire District #3 will transmit a copy of the
approved engineering plans and cost estimate to the City promptly following its
approval, along with any conditions recommended to be incorporated into the Interim
Water Service Agreement. The City may then enter into an Interim Water Service
Agreement with the property owner.
3. As a condition of the Interim Water Service Agreement the Applicant shall be required to
complete construction of the approved interim water system prior to issuance of a Certificate
of Occupancy. Prior to issuance of a building permit or final plat the Applicant shall provide
the City with verification by the Oregon Water Resources Department that the project is
exempt, or has obtained the necessary permits from the Oregon Water Resources
Department.
E. Limitations on Interim Water Service. Interim water service in accordance with this Section
and as a prerequisite to the issuance of Development Permits shall only be approved for industrial,
commercial and institutional uses and supporting uses thereof. Residential uses other than those in
conjunction with permitted industrial, commercial and institutional uses, are not eligible to receive
approval for interim water service. However, nothing in this Section shall be construed to prevent the
repair or replacement of existing domestic wells which supply existing dwellings, nor shall it prevent
the issuance of well permits for residential uses where such land is under the jurisdiction of Jackson
County and zoned to permit residential uses.
Ordinance No. 1 Q4_-?> (081414)
F. Duration of Interim Water Service. Once an Interim Water Service Agreement is approved by
the City, interim water services may be installed, subject to approval by the Oregon Water Resources
Department, by the owner and continued to be used in accordance with the terms of the Agreement
and this Section until such time that:
1. A permanent public water supply and delivery system is installed in the area and adequate
water supply mains are located within 300 feet of any property authorized for interim water
service or otherwise meets the requirements of the Central Point Municipal Code. At such
time as a public water system is available the City will provide written notice to the owner
who shall be required within ninety (90) days or such greater time as the parties may agree to
properly abandon the interim water system, and connect to the public water system. Such
connection shall be at the owner's sole cost and expense. It is further provided that nothing
in this Section shall prevent the City, at its sole discretion, to permit the continued use of
interim water for landscape irrigation or for any other lawful purpose after connection to a
permanent public water system. Where it is proposed and lawfully permissible to
interconnect the interim and public water systems, proper backflow prevention device(s) shall
be installed; and
2. Additional development is proposed on the property, or additional off-site development that
will jointly use the interim water system approved by the Agreement, at which time an
amended Agreement will be required.
G. Shared Services. Authorized interim water service provided by one or more wells located on a
parcel may be permissibly shared, subject to approval by the Oregon Water Resources Department,
with other adjacent and nearby properties subject to an amended Interim Water Service Agreement,
prepared in accordance with Section D that includes all affected properties.
H. Binding Agreement. Approval of an Interim Water Service Needs Agreement and an Interim
Water Service Agreement by the City shall be in the form of a binding, civilly enforceable legal
contract between the City and owner of the property for which interim water service approval is
sought. Both the Interim Water Service Needs Agreement and the Interim Water Service Agreement
shall be recorded and run with the land and be binding upon successors in interest. Upon connection
to a public water system the Interim Water Service Needs Agreement and the Interim Water Service
Agreement shall be terminated pending City's approval, after which the termination shall be
recorded.
PASSED by the Council and signed by me in authentication of its passage this �day of �
2014. /,X
Ordinance No. (081414)
Mayor Hank Williams