ORDINANCE NO. 2017-001
AN ORDINANCE REPEALING ORDINANCE 2010-004 AND REPLACING IT WITH THIS ORDINANCE WHICH REQUIRES THE CONTRIBUTION OF WATER FOR NEW DEVELOPMENT WITHIN THE CITY OF ELWOOD.
WHEREAS, Elwood City (“City”) has operated under Ordinance 2010-004 which required the contribution of water shares relating to new development within the City; and
WHEREAS, new development in the City is turning agriculture land use into residential, commercial and industrial users, requiring a substantial amount of secondary water; and
WHEREAS, the amount of water to maintain sizable yards and gardens substantially increases the average house hold water usage; and
WHEREAS, the City has determined that a means to provide water for future outdoor landscaping, gardening and other outdoor uses is necessary; and
WHEREAS, present and anticipated new development within Elwood City requires that the City Council take steps to plan for future water needs for the city residents, by requiring developers to dedicate water to the City to cover the needs of each development; and
WHEREAS, the City feels it is in the best interests of the citizens of the City at this time to repeal Ordinance No. 2010-004 and replace Ordinance No. 2010-004 with this Ordinance.
BE IT ORDAINED By the Mayor and City Council of the City of Elwood, Box Elder County, State of Utah, the following:
The following provisions are hereby added to the Elwood City Land Use and Development Regulations:
A. Water Rights Dedication and Conveyance Requirements:
1. Any applicant requesting City’s approval (“Applicant”) for a development, subdivision, annexation, or any other new connection to the city’s water system (“Development”), which increases the need for water service from the City, shall dedicate and convey to City water rights or irrigation company shares (“Water Entitlement”) in a sufficient quantity and type to satisfy the anticipated culinary water and secondary irrigation water needs of the proposed Development as set forth herein.
2. Satisfaction of this water dedication section and the accompanying conveyance requirements shall be a condition precedent to and requirement for approval of all Development applications.
3. If Applicant does not own any Water Entitlement that is appurtenant to or has historically been used on the property in the Development and is not able to purchase the required Water Entitlement to dedicate to City, then the Applicant shall pay a water dedication fee in place of dedicating the required Water Entitlement. The amount of the fee is set in the annual fee resolution of the city.
B. Amount of Water Entitlements Required for Development:
1. City may, in its discretion, accept any Water Entitlement, determined to meet the dedication requirements of this ordinance.
2. The amount of water to be conveyed to the city shall be determined as follows:
a. Inside Residential Use: Applicant shall convey to City, Water Entitlements of 0.5 share per equivalent residential unit for residential units.
b. Commercial, Industrial And Other Municipal Uses: Applicant shall convey to City, Water Entitlements equal to the number of acres being removed from agricultural use at a rate of 1 share per acre.
3. City shall have the authority to require the transfer of more water than is required herein when the City determines that the Development will consume more water than is required herein.
C. City’s Approval of Water Entitlements to be Dedicated:
1. Prior to accepting any Water Entitlement, City will review the Water Entitlements the Applicant proposes to dedicate to City. City shall evaluate the Water Entitlements the Applicant proposes to convey based on any criteria it deems relevant, and may, in its sole discretion, refuse to accept any Water Entitlement that it determines to be: 1) defective with respect to legal title; 2) insufficient with respect to annual quantity, priority, reliability, or flow rate; 3) unsuitable for municipal use; 4) not permitted for use within City’s service area; 5) not reasonably likely to be approved for change by the State Engineer for municipal use within City’s service area; or 6) defective in any other respect that makes the Water Entitlement unusable by City to deliver water to the Development.
2. If the Water Entitlement is not authorized for municipal use within the City’s entire service area, Applicant shall file a change application with the Division of Water Rights. The change application will change the Water Entitlements’ nature of use, point of diversion, period of use, or place of use, as necessary, to authorize City to use the Water Entitlement for municipal use within City’s entire service area and within City’s water system. Applicant will submit the change application to City for its review and approval before filing it with the Division of
Water Rights. The State Engineer must approve the change application before City will accept the Water Entitlement to meet the dedication requirements of this section. Filing and obtaining an approved change application shall be Applicant’s sole responsibility.
3. City’s refusal to accept a proposed Water Entitlement shall not constitute a waiver of, and shall not relieve the Applicant from its obligation of complying with the requirements of this section as a condition to Development approval.
D. Conveyance of Water Entitlements to City:
1. Once City reviews and approves the Water Entitlements that Applicant proposes to dedicate to City, Applicant shall convey the Water Entitlements to City, without cost. Applicant will convey the Water Entitlement by deed, assignment, endorsement of the stock certificate, water dedication agreement, or any other appropriate instrument of conveyance, or combination of the listed methods, in form and substance as determined and approved by City.
2. All Water Entitlements conveyed to City shall be free and clear of all liens, encumbrances and adverse claims, except as may be expressly approved and accepted by City in writing.
3. Applicant must convey and dedicate the Water Entitlement prior to the recording of the development plan for a new subdivision or at the time of the building permit issuance, if applicable. An approved final plat shall not be signed or recorded prior to Applicant conveying the required Water Entitlements.
4. After the Water Entitlement is dedicated to City, the Applicant or subsequent owners of the property may lease the conveyed Water Entitlement from City until such time that City develops City secondary water system or transfers to culinary use.
E. Repealer: All Ordinances and resolutions of the City or parts thereof inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repeal shall not be construed as reviving any law, order, resolution or Ordinance or part hereof.
F. Severability: It is hereby declared to be the intention of the governing body that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or without effect by any final judgement or decree of a court of competent jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.
G. Effective Date: City hereby specifically finds that it is necessary for the immediate preservation of the health, safety, and welfare of the present and future inhabitants of City that this section shall take effect on March 15, 2017_______________.
PASSED AND ADOPTED by the Elwood Town Council this 14th Day of March 2017.