HomeMy WebLinkAboutWORKSHOP re Amendments to Sewer Utility Code JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST—Regular Session
TO: Board of County Commissioners
FROM: Monte Reinders,AICP,Director,Public Works
Mo-chi Lindblad,Principal Planner,Community Development
Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney
DATE: August 4,2024
SUBJECT: WORKSHOP re:Amendments to JCC 13.02.010,and JCC 13.04.010 in Division I of
title 13 JCC(PHUGA Sewer Utility Code)
STATEMENT OF ISSUE:
On July 28,2025,the Board of County Commissioners approved a hearing notice for an ordinance
to amend JCC 13.02.010, and JCC 13.04.010 in Division I of title 13 JCC (PHUGA Sewer Utility
Code). Staff has posted the proposed ordinance on the county website. Attached is the proposed
ordinance. Staff will present a workshop on August 4, 2025 to discuss the proposed ordinance.
BACKGROUND:
As the PHUGA sewer system is expected to come on line on September 8, 2025, staff has
determined that clarification to Division I of title 13 JCC (PHUGA Sewer Utility Code) should be
made. The clarifications include clarify when to "turn off'the transitional zoning and cleanup to
definitions and references between chapter 18.19 JCC(Transitional Rural Development Standards
of the Irondale and Port Hadlock Urban Growth Area) and Division I of title 13 JCC to provide
greater consistency between the two chapters.
The Board of County Commissioners of Jefferson County adopted Ordinance No. 07-1118-24 on
November 18, 2024, which adopted title 13 JCC (PHUGA Sewer Utility Code). Then, on
December 9,2024 the Board of County Commissioners adopted Ordinance No.09-1209-24,which
adopted the 2024 Comprehensive Plan Amendment Cycle Docket and amended Division I of title
13 JCC, chapter 18.18 JCC (Irondale and Port Hadlock UGA Development Regulation
Implementation) and chapter 18.19 JCC.
The Board of County Commissioners have raised questions about the how turning off the
transitional rural zoning in chapter 18.19 JCC for the Irondale and Port Hadlock urban growth
works in practice. Staff have been working on how best to answer this question for the Board of
County Commissioners, county departments and the public. Along with training of staff across
county departments, amendments to JCC 13.02.010 and JCC 13.04.010 are recommended. Staff
recommends that the Board of Commissioners adopt an ordinance amending these sections of title
13 JCC.
1
Why the Sewer is Important to the future of Jefferson County
Jefferson County needs urban services to stimulate economic development and the growth of
affordable housing. The University of Washington College of the Built Environment currently
ranks Jefferson County as the second least affordable county in Washington based on median home
prices compared to wages. Only housing at urban levels can materially impact the availability of
affordable housing. Under the Growth Management Act (GMA), urban level housing is allowed
only in an urban growth area, absent some exceptions not applicable here.
The Long History of the Development of the Irondale and Port Hadlock Urban Growth Area
Detailed planning for the designation of an Irondale and Port Hadlock Urban Growth Area
(PHUGA) in compliance with the requirements of the GMA started and has been ongoing since
the adoption of the first Jefferson County GMA Comprehensive Plan in 1998. Development of a
sewer system is required to provide urban services in the PHUGA so that urban development may
occur,as required by RCW 36.70A.110 under the GMA. Legislation adopted the PHUGA in 2004.
After the county adopted a Comprehensive Plan amendment creating the Irondale and Port
Hadlock Urban Growth Area,the county spent years litigating with a community group called the
Irondale Community Action Neighbors (ICAN) about whether the proposed UGA zoning
complied with the Growth Management Act, Chapter 36.70A RCW. It was a lack of a sewer that
prevented implementation of the UGA zoning at the Growth Board, until now. According to the
Growth Board:
In [its] May 2008 Decision and Order, the Board determined that the
Irondale/Hadlock UGA and its implementing regulations did not comply with the
GMA because the County's Capital Facilities Plan for the area did not provide
sanitary sewer service throughout the proposed UGA over the 20-year planning
period, and the plan failed to show a firm funding element for sewer service within
the first six years.
Irondale Community Action Neighbors (ICAN) v. Jefferson County, Case No. 07-2-0012, FINAL
DECISION AND ORDER Western Washington Growth Management Hearings Board (Feb. 8,
2008).
In the end, the county was able to preserve the UGA zoning while it sought to obtain funding to
make a sewer"available." The funding effort for the sewer took nearly fifteen years. The county
preserved the UGA zoning until the sewer was"available"by creating a transitional rural overlay,
which could be found in Chapter 18.19 JCC, and by describing when a sewer would become
"available" in Ordinance No. 03-0323-09, later codified in JCC 18.18.060(4), which then said,
"Sewers will be considered to be available to the phased implementation area when sewer
infrastructure enters a sewer phase area,according to the phased areas outlined in the Port Hadlock
Sewer Facility Plan, September 2008." (Emphasis added.)
In 2009, the County incorporated the Port Hadlock UGA Sewer Facility Plan (2008) ("Sewer
Plan") into the County's Comprehensive Plan Capital Facilities Element("CFE")to comply with
the Growth Board's decision finding noncompliance with the County's Urban Growth Area
2
("UGA") and GMA capital facilities planning. Ordinance No. 03-0323-09 (Re: MLA09-00024,
UGA Final Compliance Action).The Sewer Plan is an engineering document;however,in addition
to the engineering specifications it adopted a 6-year and 20-year financing plan to implement the
2008 Sewer Plan or its alternatives. Ordinance No. 03-0323-09 at 79. The Growth Board found
that the County's CFE, Capital Facilities Plan ("CFP"), and Sewer Plan's met GMA planning
requirements with a financing plan, service areas, phasing, component details, and consistency.
Irondale Community Action Neighbors (ICAN) et al. v. Jefferson County, WWGMHB No. 07-2-
0012c, at 7-10 (Compliance Order, May 1, 2009). The Sewer Plan was updated in 2021. Port
Hadlock UGA Sewer Facility Plan Update and Appendices (Feb. 2021). A Comprehensive Plan
Amendment(MLA20-00102)was adopted for the updated Sewer Plan in Ordinance No. 01-0426-
21, when the 2020 Comprehensive Plan Docket was approved. The 2021 Sewer Plan update
includes a phased plan for providing sewer in the UGA starting with the commercial core along
SR-116 and Rhody Drive and expanding into residential areas over time.
Construction of the PHUGA sewer system for the core area began in 2023 and the sewer is
expected to begin operating on September 8, 2025. This is the first day that sewer will be
"available" to portions of the PHUGA, making it possible to turn off transitional zoning in those
areas where sewer is "available."
Transitional Zoning will remain in areas where sewer is not"available"
The core area does not include the entire PHUGA. Accordingly, in order to comply with Irondale
Community Action Neighbors (ICAN) v. Jefferson County, Case No. 07-2-0012, FINAL
DECISION AND ORDER Western Washington Growth Management Hearings Board (Feb. 8,
2008), transitional zoning in chapter 18.19 JCC must continue until sewer is "available" in other
parts of the PHUGA. According to JCC 18.19.110 (as amended by Ordinance No. 03-0323-09),
"Effective as of March 23,2009,the effective date of Ordinance No. 03-0323-09,Jefferson County
shall apply transitional rural zoning in the Irondale and Port Hadlock Urban Growth Area for
parcels that do not yet have sewer available." Ordinance No. 09-1209-24, Appendix A, Exhibit 1
at 13. Recall that it was Ordinance No. 03-0323-09 that saved the PHUGA at the Growth Board.
Prior to the adoption of Ordinance No. 09-1209-24, sewer availability for purposes of determining
when transitional zoning could be turned off and then urban level zoning would become effective
was determined by chapter 18.19 JCC was when sewer service came within 200 feet of a property
within the PHUGA. Ordinance No. 09-1209-24,moved the determination of when a public sewer
was available from chapter 18.19 JCC to JCC 13.04.010. Through Ordinance No. 09-1209-24,
JCC 18.18.060(4) states, "Sewers shall be considered to be available for the purposes of turning
off the transitional rural zoning in chapter 18.19 JCC for the Irondale and Port Hadlock urban
growth area as described in title 13 JCC" and, JCC 13.02.010 states "`available or availability'
means that the PHUGA sewer system is available to a property as described in JCC 13.04.020."
ANALYSIS:
The intent of Ordinance No. 09-1209-24, was to maintain the 200 foot rule previously in chapter
18.19 but staff who have been working with the language of Division I of title 13 JCC, as pipes
have been laid, connections to properties began, the sewer plant has been installed, and sign ups
of properties to the sewer system are underway believe JCC 13.02.010 and JCC 13.04.010 are not
3
as clear as possible. Clarity about how the transitional zoning turns off and UGA zoning becomes
effective is necessary both for staff across county departments and the public.
FISCAL IMPACT OF THE PROPOSED ORDINANCE:
Expect additional staff time in training. But also expect a slight productivity increase because of
the changes in the ordinance will require less effort to apply the transitional zoning requirements.
Otherwise,there will be no significant fiscal impact from adopting the proposed ordinance.
RECOMMENDATION:
Conduct a workshop to discuss the changes in the proposed ordinance set for a hearing on August
18, 2025.
REVIEWED BY:
Josh . Peters, County Administrator Dat
4
STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Amending JCC 13.02.010 and
JCC 13.04.010 ORDINANCE NO.
WHEREAS, RCW 36.94.020 authorizes Jefferson County to construct, operate and
maintain, conduct, and operate systems of sanitary sewerage, and grants Jefferson County the
authority to control, regulate, operate, and manage such systems of sanitary sewerage; and,
WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county
legislative authorities the police power to adopt regulations necessary to protect the health, safety,
and well-being of its residents;and,
WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, local governments have considerable latitude in exercising police powers
through enacting reasonable regulations. A regulation is reasonable if it promotes public safety,
health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose
being pursued; and,
WHEREAS,detailed planning for the designation of an Irondale and Port Hadlock Urban
Growth Area ("PHUGA") in compliance with the requirements of the Growth Management Act
("GMA") started and has been ongoing since the adoption of the first Jefferson County GMA
Comprehensive Plan in 1998; and,
WHEREAS, development of a sewer system is required to provide urban services in the
PHUGA so that urban development may occur,as required by RCW 36.70A.110 under the GMA;
and,
WHEREAS, Jefferson County needs urban services to stimulate economic development
and the growth of affordable housing; and,
WHEREAS, the University of Washington College of the Built Environment currently
ranks Jefferson County as the second least affordable county in Washington based on median home
prices compared to wages; and,
WHEREAS, on November 18, 2024, the Board of County Commissioners of Jefferson
County adopted Ordinance No. 07-1118-24, which adopted title 13 JCC (PHUGA Sewer Utility
Code)and,
WHEREAS,on December 9,2024,the Board of County Commissioners Jefferson County
adopted Ordinance No. 09-1209-24, which amended title 13 JCC, Chapter 18.18 JCC (Irondale
and Port Hadlock UGA Development Regulation Implementation) and chapter 18.19 JCC
(Transitional Rural Development Standards of the Irondale and Port Hadlock Urban Growth Area);
and,
1
WHEREAS, prior to the adoption of Ordinance No. 09-1209-24, sewer availability for
purposes of determining when transitional zoning could be turned off and so urban level zoning
would become effective was determined by chapter 18.19 JCC as when sewer service came within
200 feet of a property within the PHUGA UGA;' and,
WHEREAS,Ordinance No.09-1209-24,moved the determination of when a public sewer
was available from chapter 18.19 JCC to JCC 13.04.010, as JCC 18.18.060 states, "Sewers shall
be considered to be available for the purposes of turning off the transitional rural zoning in chapter
18.19 JCC for the Irondale and Port Hadlock urban growth area as described in title 13 JCC"and,
JCC 13.02.010 now states "`available or availability' means that the PHUGA sewer system is
available to a property as described in JCC 13.04.020(sic);"and,
WHEREAS, the intent of Ordinance No. 09-1209-24, was to maintain the 200 foot rule
previously in chapter 18.19 JCC by moving the definition of"available and availability"to title 13
JCC; and,
WHEREAS,Staff who have been working with the language of title 13 JCC,as the startup
of the PHUGA sewer system nears believe JCC 13.04.010 is not as clear as possible; and
WHEREAS, clarity is necessary about how the transitional zoning turns off and UGA
zoning becomes effective; and,
WHEREAS, RCW 36.94.130 authorizes the board of county commissioners to adopt by
reasonable rules and regulations governing the construction, maintenance, operation, use,
connection and service of the system of sanitary sewerage; and,
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Jefferson County, Washington as follows:
Section 1. Whereas Clauses are Findings of Fact. The Whereas clauses above are findings of fact
for this ordinance.
Section 2.Purpose.The purpose of this ordinance is to clarity how the transitional zoning turns off
and UGA zoning becomes effective upon sewer availability in the PHUGA.
Section 3. Amendment of JCC 13.02.010 and JCC 13.04.010. JCC 13.02.010 and JCC 13.04.010
are hereby amended as set out in Appendix A.
Section 4. SEPA Compliance.
In 2009, the County incorporated the Port Hadlock UGA Sewer Facility Plan (2008) ("Sewer
Plan") into the County's Comprehensive Plan Capital Facilities Element("CFE")to comply with
the Growth Board's decision finding noncompliance with the County's Urban Growth Area
("UGA") and GMA capital facilities planning. Ordinance No. 03-0323-09 (Re: MLA09-00024,
UGA Final Compliance Action). Ordinance No. 03-0323-09 states:
'For example,JCC 18.19.120(4)said,"Nothing in this section shall be construed as prohibiting the placement of an
on-site septic system in the UGA,unless the property is located within 200 feet of an existing sewer service area
which has capacity to accommodate the proposed development."
2
WHEREAS, Jefferson County issued an Addendum document pursuant to the
Washington State Growth Management Act and State Environmental Policy Act
(SEPA)on February 4, 2009, which is hereby incorporated by reference;
WHEREAS, the SEPA Responsible Official at the Department of Community
Development has determined that existing environmental documents, augmented
by the integrated SEPA Addendum, provide adequate environmental review to
satisfy the requirements of WAC 197-11-600;
Ordinance No. 03-0323-09 at 3.
4. The Department of Public Works and Community Development have
drafted a feasible financing plan for a sanitary sewer system for the first six years,
have completed sound engineering for effluent discharge that will not harm the
environment, and have provided for the economic needs of the local population,
now and into the future.
Ordinance No. 03-0323-09 at 4.
6. The following environmental documents have been adopted pursuant to
SEPA administrative rules:
• Draft and Final Environmental Impact Statements (DEIS/FEIS) and
addenda prepared in anticipation of adoption of the Comprehensive Plan in
1998. The DEIS and FEIS are dated February 24, 1997 and May 27, 1998,
respectively,and examined the potential cumulative environmental impacts
of adopting alternative versions of the Comprehensive Plan.
• Draft and Final Supplemental EIS (DSEIS/FSEIS) and addenda for the
Comprehensive Plan 1999 Amendments, also known as Tasks III and IV of
the Tri-Area / Glen Cove Special Study. The DSEIS and FSEIS are dated
June 30, 1999 and August 18, 1999, respectively, and examined the
potential environmental impacts of adopting one of the identified planning
alternatives for the Tri-Area of Chimacum-Port Hadlock-Irondale and the
Glen Cove mixed use area.
• DCD Integrated Staff Report and DSEIS/FSEIS for the 2002, 2003, 2004,
2005 and 2006 Comprehensive Plan Amendment Dockets. Amidst other
information, the adopted documents provide background and analysis on
the designation of a UGA in the Irondale& Port Hadlock area.
• DCD Integrated GMA/SEPA Staff Report dated February 21,2007.
• DCD Integrated GMA/SEPA Staff Report dated February 4, 2009.
Ordinance No. 03-0323-09 at 4-5. As amended, the Comprehensive Plan incorporated the entire
Sewer Plan and it was added as an Appendix to the CFE.Ordinance No. 03-0323-09 at 83.A copy
of the SEPA checklist was included in the Sewer Plan—Environmental Report and SEPA
Checklist. Details from the Sewer Plan were directly incorporated into the Comprehensive Plan's
6-year CFP. Ordinance No. 03-0323-09 at 79.
3
The Sewer Plan adopted a 6-year and 20-year financing plan to implement the 2008 Sewer Plan or
its alternatives. Id. The Growth Board found that the County's CFE, Capital Facilities Plan
("CFP"), and Sewer Plan's met GMA planning requirements with a financing plan, service areas,
phasing,component details,and consistency.Irondale Community Action Neighbors(ICAN)et al.
v. Jefferson County, WWGMHB No. 07-2-0012c, at 7-10(Compliance Order, August 12, 2009).
The Sewer Plan was updated in 2021. Port Hadlock UGA Sewer Facility Plan Update and
Appendices (Feb. 2021). The revisions to the Sewer Plan mostly related to funding, engineering
specifications (low pressure system with grinders), and minor modifications to the core service
area. The revisions allowed the County to implement sewering the core service area within six
years. A Comprehensive Plan Amendment (MLA20-00102) was adopted for the updated Sewer
Plan in Ordinance No. 01-0426-21, when the 2020 Comprehensive Plan Docket was approved.
Ordinance No. 01-0426-21 included a SEPA review through a staff issued Addendum to the 1998
Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements("EIS")
and subsequent Supplement EISs, and a SEPA Checklist and Addendum that addressed the 2020
Docket items, including the proposed revisions to the Comprehensive Plan. Ordinance No. 01-
0426-21 at 2.
The County published a SEPA Addendum on February 28, 2021. The SEPA Addendum and
supporting SEPA Environmental Checklists provide additional information relating to the
Jefferson County Final Environmental Impact Statement ("Final EIS"), May 27, 1998 and
associated SEPA documents.These SEPA documents were adopted and the additional information
was determined not to involve significant new impacts. A Determination of Significance and
Notice of Adoption was published on February 28, 2021. Ordinance No. 01-0426-21 at 8.
An agency may use previously prepared environmental documents to evaluate proposed actions,
alternatives, or environmental impacts. The proposals may be the same as or different than those
analyzed in the existing documents(WAC 197-11-600(2)).These documents are listed in response
to Question 8 of the SEPA Environmental Checklist and in the Addendum and were adopted in
association with the Comprehensive Plan and development regulations adopted in Ordinance No.
01-0426-21. This ordinance is within the scope of the previous EIS documents and the February
28, 2021 Determination of Significance and Notice of Adoption.
Section 5. Effective Date: This ordinance shall take effect immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
4
ADOPTED this day of 2025.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Heidi Eisenhour, Chair
Greg Brotherton, Member
ATTEST:
Heather Dudley-Nolette, Member
APPROVED AS TO FORM:
Carolyn Gallaway, Date Philip C. Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
5
APPENDIX A
AMENDMENTS TO JCC 13.02.010 AND JCC 13.040.010
13.02.010"A" definitions.
"Accessory dwelling unit"or"ADU"has the same meaning as in JCC 18.10.010.
"Adequate OSS" means an existing on-site sewage system ("OSS")that is not failing, as defined
in JCC 13.02.060.2'3
2 Comment: Failing is defined in JCC 13.02.060 as:
"Failing"of an on-site sewage system means that in the opinion of the county department of public health,
an on-site sewage system("OSS")threatens the public health or environment by inadequately treating sewage
or by creating a potential for direct or indirect human contact between sewage,as specified by Chapter 8.15
JCC and Chapter 246-272A WAC.Examples of a failing on-site sewage system include,but are not limited
to:
(1)Sewage on the surface of the ground;
(2)Sewage backing up into a structure caused by slow soil absorption of an on-site sewage system discharge;
(3)Sewage leaking from an on-site sewage tank or collection system;
(4)Cesspools or seepage pits where evidence of groundwater or surface water quality degradation exists;
(5)Inadequately treated effluent contaminating groundwater or surface water;or
(6)Noncompliance with standards required on an on-site sewage system permit.
(WAC 246-272A-0010).
JCC 13.02.060.
3 Comment:
JCC 8.15.050 has a similar definition.And,WAC 246-272A-0025(1)states:
Upon the failure of an existing OSS within the service area of a sewer utility,the local health officer shall:
(a) Permit the repair or replacement of the OSS only if a conforming OSS can be designed and installed,
excluding OSS designed in compliance with or proposing to use Table X in WAC 246-272A-0280;or
(b)Require connection to a public sewer system if the sewer utility allows the connection and has adequate
public sewer services available within 200 feet from where the existing building drain connects to the existing
building sewer, or where no building drain exists, within 200 feet from where the sewer line begins, as
measured along the usual or most feasible route of access.
WAC 246-272A-0025(1)(Emphasis added.)
6
"Aggrieved person"means a person who received an adverse decision by the director on decisions
listed in JCC 13.07.060.
"Applicant"means a person who applies for a permit to connect to the PHUGA sewer system.
"Assessment"means a fee to be paid by the property owner for the cost of private construction of
PHUGA sewer system improvements for property within an assessment reimbursement area.
"Assessment reimbursement area"means that area within the Port Hadlock UGA, which includes
all parcels or real property likely to require connection to or service by PHUGA sewer system
improvements constructed by a developer and the county.
"Available"and"availability"means that the PHUGA sewer system is located within 200 feet of
an existing sewer collection line via public rights-of-way, utility easements or some other route at
the discretion of the director.4
13.04.010 Connection-when required or permitted.
(1) Under JCC 18.18.060(4),5 this title describes when sewers will be considered to be
"available" for the purposes of turning off the transitional rural zoning in chapter 18.19 JCC for
the PHUGA.6 When sewers are "available," urban growth area standards in chapter 18.18 JCC
apply.JCC 13.02.010 defines"available"and"availability."'
(2) This section describes areas within the Port Hadlock UGA where the PHUGA sewer
system is available, as defined in JCC 13.02.010, where individual properties within those areas
are required or permitted to connect to the PHUGA sewer system. All individual properties where
the PHUGA sewer system is available are permitted to connect to the PHUGA sewer system,
provided they pay the required fees.
(3) Table 4-1 determines when properties within the PHUGA are required to connect to the
PHUGA sewer system.8
4 Comment: The measurement should be as determined by the director. Standards in the definition will make the
ordinance less likely to be challenged.
5 Comment: This section was added to describe the relationship between the new definition of"available and
"availability"JCC 13.02.020.JCC 13.04.010, and JCC 18.18.060(4). It is intended to be way of making a clearer,
more straightforward connection.
6 Comment: "Sewers will be considered to be available for the purposes of turning off the transitional rural zoning
in Chapter 18.19 JCC for the Irondale and Port Hadlock urban growth area as described in title 13 JCC." Ordinance
No.09-1209-24 at 137.
Comment: This section added to describe the relationship between the new definition of"available and
"availability"JCC 13.02.020,JCC 13.04.010,and JCC 18.18.060(4). It is intended to be way of making a clearer,
more straightforward connection.
$Comment: This sentence is a remnant. After Ordinance No.09-1209-24 was adopted,the sentence was no longer
necessary.Now,the sentence is a source of potential confusion.
7
Table 4-1
Properties within Port Hadlock UGA where Sewer Connection Required
Use "Adequate"(a)9 On- Sewer System Connection
Site Sewage "Available"(b)? Required?
System?
Sewer Not"Available"(b)
Existing structure Yes or No No No
Major modification of existing structure No No Now
New structure N/A No Now
Sewer"Available"(b)
Existing single-family residence or No Yes Yes
duplex
Existing single-family residence or Yes Yes No
duplex
Major modification of a single-family
residence or duplex No Yes Yes
Modification of a single-family residence Yes Yes No
or duplex
New single-family residence or duplex N/A Yes Yes
New Accessory Dwelling Unit(ADU) N/A Yes Yee
Garage or addition to structure without Yes Yes No
plumbing
Existing multifamily dwelling Yes or No Yes Yes
Major modification to a multifamily No Yes Yes
dwelling
New multifamily dwelling N/A Yes Yes
Existing non-residential structure with
less than 1 ERU per month average water Yes Yes No
use
Existing non-residential structure with
less than 1 ERU per month average water No Yes Yes
use
Existing non-residential structure with
equal to or greater than 1 ERU per month Yes or No Yes Yes
average water use
New non-residential structure N/A Yes Yes
Major modification to a non-residential
structure No Yes Yes
Notes:
(a) "Adequate OSS" is defined in JCC 13.02.010.10 11
9 Comment: Notes changed from numbers to letters to avoid confusion with section numbers.
1°Comment: The new definition in JCC 13.02.010 says,"`Adequate OSS'means an existing on-site sewage system
(`OSS')that is not failing,as defined in JCC 13.02.060."
"Comment: This was moved to a definition for clarity. The definition relies on the already existing definition of
"failing"in JCC 13.02.060.
8
Table 4-1
Properties within Port Hadlock UGA where Sewer Connection Required
Use "Adequate"(a)9 On- Sewer System Connection
Site Sewage "Available"(b)? Required?
System?
12
(b) "Available" is defined in JCC 13.02.010. See subsection(1)and JCC 18.18.060(4)for the
relationship between sewer availability and the urban growth area standards in chapter 18.18 JCC..
(c) Subject to No Protest Agreement per JCC 18.19.120(3)or other binding agreement requiring
connection to sewer when"available,"as defined in JCC 13.02.010.13
(d) See subsection(5) for requirements for connecting a new detached ADU to the PHUGA sewer
system.14
(4) If there is any question whether the on-site sewage system is an "Adequate OSS," the
director shall consult with Jefferson County Environmental Health Department. See JCC
18.19.120 and chapter 8.15 JCC.
(5) When connecting a new detached ADU to the PHUGA sewer system,15 all other structures
with plumbing on the same property are required to connect to the PHUGA sewer system at the
same time.
******************************************************************************
There are no changes to other sections of the Jefferson County Code.
12 Comment: This note was moved to a subsection because it is a substantive rule,not just a note and there is no
other substantive rule like it in title 13 JCC.
13 Comment: This changes makes the language consistent with JCC 18.18.060(4)made in Ordinance No.09-1209-
24.
14 Comment: This note was moved to a subsection because it is a substantive rule,not just a note and there is no
other substantive rule like it in title 13 JCC.
IS Comment:"PHUGA sewer system"is the defined term in JCC 13.02.160.
9