HomeMy WebLinkAboutHEARING re PHUGA Sewer Utility Code JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST—Regular Session
TO: Board of County Commissioners
FROM: Monte Reinders,P.E.,Public Works Director/County Engineer
Mo-chi Lindblad,Principal Planner,Community Development
Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney
DATE: August 18,2024
SUBJECT: HEARING 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). The hearing notice was published in the Port Townsend Leader on July 30, 2025. The
hearing is set for Monday, August 18, 2025 at 10:30 a.m. in the Commissioners' Chambers,
County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID). Staff has
posted the proposed ordinance on the county website as referenced in the hearing notice. Staff
presented a workshop on August 4, 2025 to discuss the proposed ordinance. Attached is the
proposed ordinance and a PowerPoint that has been slightly modified from the PowerPoint used
at the workshop held on August 4, 2025.
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
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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.
Whv 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 RC W 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
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infrastructure enters a sewerphase 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
("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."
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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 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.
Staff discovered an error in JCC 13.04.010, Table 4-1 of the proposed ordinance that should be
corrected. The item for "new non-recreational structure" inadvertently left out the parenthetical
from the current ordinance and should read: "new non-recreational structure(with plumbing)." A
new non-recreational structure without plumbing will not be required to hook up to the PHUGA
sewer system since it will have no means of creating sewage flow from the structure.
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 hearing on the changes to the Sewer Code in the proposed ordinance on August 18,
2025. Approve a motion to adopt the proposed ordinance with the modification to add "with
plumbing" after the term "new non-recreational structure" as shown in the PowerPoint presented
by Staff at the hearing.
REVIEWED BY:
e5C15 -----
Jos wi. Peters, County Administrator Date
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Affidavit of Publication
STATE OF WASHINGTON)
)SS
COUNTY OF JEFFERSON)
I, Kathleen Elizabeth Boyd, an employee of
the Port Townsend & Jefferson County
Leader, a weekly newspaper which has been
established, published in the English
language and circulated continuously as a
weekly newspaper in the town of Port
Townsend in said County and State, and for
general circulation in said county for more
than six (6) months prior to the date of first
publication of the Notice hereto attached and
that the said Port Townsend & Jefferson
County Leader was on the 27th day of June
1941 approved as a legal newspaper by the
Superior Court of said Jefferson County and
annexed is a true copy of the AD#213105
SEE ATTACHED TEAR SHEET
As it appeared in the regular and entire issue
of said paper itself not in a supplement
thereof for a period of 1 week(s), beginning
on the 30th day of July, 2025, ending on the
30th day of July, 2025, that said newspaper
was regularly distributed to their subscribers
during all of this period. That the full amount
of$122.55 will be paid in full.
Lloyd Mullen,Publisher
Subscribed and sworn to(or affirmed) .- : -
on this ay Arii t,2025.
4117:1%4100. g WM/
�•'•#21?34 � at�een� sbe Boyd
wa.tC/:� �� `�•• • Nota Public m an.4he St.to of Boyd',
_J g\C^ v Re ding a Port To ns•n�``�II
The information is available for viewing
on the County website by visiting:
www.co.jefferson.wa.us and follow
this pathway - Services - Laserfiche
Web Portal(username and password is:
public)-Board of Comm issioners-BOCC
Agenda Packets-2025 Weekly Agenda
Items - 08 August 2025 - 081825 -
HEARING re JCC Sewer Utility Code
Jefferson County ensures full
compliance with Title VI of the Civil
Rights Act of 1964 by prohibiting
discrimination against any person on
the basis of race,color,or national origin
in the provision of benefits and services
resulting from its federally assisted
programs&activities.The meeting site
is ADA accessible.Accommodations for
people with disabilities can be arranged
with advance notice by calling 360-385-
9100.
You are welcome to participate in
-�� this hearing. You will need to join
.iv 11f" ;�� the meeting by 10:45 a.m. using the
following methods:VIRTUALLY:Via the
NOTICE OF PUBLIC HEARING following Zoom, link: https://zoom.us/
j/93777841705, PHONE:Dial 1-253-215-
AMENDMENTS TO JCC 8782 and enter access code: 937-7784-
13.02.010,AND JCC 13.04.010 IN 1705#and press*9 to"raise your hand"
CHAPTER 13 JCC(PHUGA SEWER to be called upon.Access for the hearing
CODE) impaired can be accommodated using
Washington Relay Service at 1-800-833-
NOTICE IS HEREBY GIVEN that a public 6384,or IN-PERSON.
hearing is scheduled by the Jefferson In addition, written testimony is also
County Board of Commissioners for invited beginning on July 28, 2025 and
Monday,August 18,2025 at 10:45 a.m. ending on August 18, 2025, at the end
in the Commissioners'Chambers,County of the Public Hearing, unless extended
Courthouse, 1820 Jefferson Street, Port by the Board of County Commissioners.
Townsend,WA 98368(HYBRID).
Written public testimony may be
Notice of said hearing is to be published submitted by Email to: jeffbocc@
co.jefferson.wa.us. You can also Mail
once in the official newspaper of
Jefferson County. your testimony to: Jefferson County
This hearing is for the purpose of Commissioners' Office; P.O. Box 1220,
receiving written and verbal testimony Port Townsend, WA 98368. Written
testimony must be received by the
about the amendments to JCC
13.02.010,and JCC 13.04.010 in Chapter Board of County Commissioners by the
13 JCC(PHUGA Sewer Code), end of the hearing testimony period.
PTL.:July 30,2025
Legal NO.213105
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,
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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.
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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)
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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
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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.)
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"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),' 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(41. It is intended to be way of making a clearer,
more straightforward connection.
8 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"(09 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 No Yes Yes
residence or duplex
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 Yes(d)
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 "
9 Comment: Notes changed from numbers to letters to avoid confusion with section numbers.
10 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.
"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.
15 Comment:"PHUGA sewer system"is the defined term in JCC 13.02.160.
9
V.:ri., i'E4
k
yr, .7 1 ,
F
2- r
I t ,4�< "
August 18, 2025
Hearing on Proposed
Amendments to
_ _ A Chapter 13 JCC
�'� (PHUGA Sewer Ordinance)
.. . `t
. _ i Monte Reinders, Public Works Director
!If III ill + Samantha Harper, Wastewater Project Manager
i ,�rw; - ‘ -. _ .-
. 1 . , x
Mo-chi Lindblad, DCD Principal Planner
Philip C. Hunsucker, Chief Civil DPA
Proposed Amendments to Chapter 13 JCC iPHUGA Sewer Ordinance)
:� 1
fI•
Key Takeaways 1 . On September 8, 2025, UGA 2. Some properties within 200
zoning will apply all properties feet of a sewer collection line
within 200 feet of a sewer will be required to hook up to
collection line. the sewer.
Key Date: Key Number:
September 8, 2025. 200 feet.
1 — PHUGA Ordinances Timeline
erip 2 — Clarification of the Sewer
Code
Agenda
3 — Flipping the Switch to Turn Off
Transitional Rural Zoning
►.��, 4 — When Hookup is Required
PHUGA
Ordinances
Timeline
W,- ,
T
-4 1%.
1 August 18,2025 Proposed Amendments to Chapter 13 JCC(PHUGA Sewer Ordinance) 4
GMHB Efforts to Obtain Funding for
$eWer Obtained
Determines Ord. Funding for
Sewer
Appeal to Growth 03-0323 09 r
Planning for Management satisfies GMA
pHUGA Hearings Board n
2008Begins 2 j,``�
9/8/�0
PHUGA PHUGA
25
Ordinance No Sewer Code $eWer System
Ord.No 03 01 0426 21 (title 13 JCC) Begins
lie
2008 PHUGA 0323-09 Comp Plan Adopted and O ration
GMHB Sewer Plan Saved adds 2021 Later --
Ord.No. 19- Adopted
1998 1213 02 Determines PHUGA BY Amended gmended to
Comp UGA Adopting Sewer Plan Move
adopts UGA Boundary (Made
�� Bounda's (1)The 2008 �Availabiliry"
Invalid Under Sewer Plan. Necessary by Determination
GMA—No (2)Transitional available from Chapters
Adequate Grant 18.18 18.19
Plan for Rural Zoning
for UGA Fading) JCC to
Sewer pHUGA
Sewer
(7./.„0.006---..i.4---..........,„„\
4
~' Clarification of
.....*
ii...,.. „ ....• the Sewer Code
��� �, .eY 7.1. '/,
•
4......A v y ---=—�
\\.............,
V T
August 18,2025 Proposed Amendments to Chapter 13 JCC(PHUGA Sewer Ordinance) 6
Clarification Topics = '.
STATE OF WASHI.Y4TOP “111NCi���
COI.'YTY OF JFFFT.RSON
1nOrdinance%Joplin a Sorer LOW,(ode
for the Port Iladlo,k 1'ebea Growth Area,
wllh New l haplen 13.111.13.02.11.01.11.04,
1100,11.06,11.11..IJ.N.RRd 11.09 of the ORDI\A.VCE NO. 07-1110-20
JrR p erwn(nun (ode a.d 1.re.d.n0 Jt( Sewer
2.10.000 and J(( /0.10.010
331111143,P/N -.nw.2;�,al.rny.l0Rerrno .r.to...won .pry..n1
quite.
a awry a.n unapt,kRn.m Cr runts/� Av a i I a b i l i ty"
,..400 nreaue,q.JNr•c w x,�r wrdr ,4on rn wrm..., oe.w.(
WHEREAS.tk 1/Y11>tRw_l se01r000 An.ck\I.4n n 11 d n reo°r3 eu.
kpWthe authorities de ph¢paxle 66*rei�i.m no-.w.to rn wmthe health.urct.
wddb�.--° 200 Foot Rule
WHEREAS.Re. 'I3 110 1pw..the roar roc crr/nn 3yeMR00 adrrewn JW I nu4
atl mhos.br sPwniur nwur.0“,throw.e1 Ann peon ta0 wen reaulatxorn an
we u In mono..&owl..oa.
NHEREA\kcal gowennats ha.e“naderac turn.Dorm police noon,
Unuen er..,rnr rmr.tN.w.a1�A q.l+im f rimed*if h powwow PNx a.m.
Mhh e*Wore,ad1ve aaeahk and n&rup.l ream w meaeR+Jn thd r.epne Flipping the
hone/n oed:161
3311..1373.1.Jowled pl.arrrP low the,kuyaIol W el hoedde Pen 1W&ed l r&n
line'm Sera elllr.\-l1n empu.e urtn the nryermme,d the a act
1,l - nn tom oneorne•111,J.adoption of rAe 0n1 kR Como,(iMA Switch to
mm.elrk n1C1n1a When
NNENi::un0. errpan merrnrnr. mlrrr, u,/nprn wt.e,m,Or te Turn Off
PIR'lrA.,Ju ruM Jc.c&eernu ma...cre.a.rrywnJ b.R(N:r.'r..\ 1.r unar(Me(.NA.
art
NJIFJIEI\krlm..n/.rmn ran,urban vn.e.r,.nrdr mane.Mepaa Hookup is
Transitional
NNon An P.1 1 anon“.,.1 N..h/n enter n nr rh,urn I mrl mnrr awwh
r�.let,�.n(.�.../k�..Wk.n.rlr.�de..vnnr.eah,nrr.nl�rnn.��,ne Required
rrJ
NNrR1 A,rle lkpmnem 31 Palen Nods JndogN Art Pon tla&.i 1(iA Sae Rural Zoning
n Pkn'm:urn W“gated din Nun in`n:l r 11e-Pun Iwl,.(1'1r\4-er lailn,PIn "4110J.01H1.RI.a,:re en1140o11(rA4eerrn,rhr,PW'nn nmape/at an dawn/
rrl Ie(tmn Larne-Lorne rim.loran“Ann Pl N .r oar•r:rN.
(40N0
I�l, Hookup is Transitional
r_�) Required Rural Zoning
If�T
Sewer
,.. -..,,• �� "Availabilit "
.4... ..... ...,..,_:4-1 y —
'a:
G
4....x 0 i,
ST
200 Foot Rule
1 August 18,2025 Proposed Amendments to Chapter 13 JCC(PHUGA Sewer Ordinance) 8
Sewer "Availability"-200 Foot Rule
Ordinance No. 63-0323-u9 . : (1) 2008 Sewer Plan; and, (2) Transitional
Zoning.
To comply with the 2008 Growth Board decision, Transitional Rural zoning in chapter JCC applies to all properties
within the PHUGA where the PHUGA sewer system is not available."
The PHUGA sewer system is within the "core area" of the PHUGA, and does extend to the entire PHUGA.
According to JCC 18.19.110 (as amended by Ordinance No. _ ), "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. Appendix A, Exhibit 1 at 13.
Prior to the adoption of Ordinance No. , sewer availability for purposes of determining when transitional rural
zoning could be turned off was determined by chapter 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 chapters 18 18 and
JCC to JCC 13.04.010. as JCC 18.18.060(4) was amended to state: "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 (sic)."
Ordinance No. 09-1209-24: Moved "Availability" for Transitional Rural Zoning to Title 13 JCC
JCC 18.18.060: Sewer"Availability"Moved to Title 13 JCC 18.19.120: Sewer"Availabili "Moved to Title 13
(4)Sanitary Sewer Service. 18.19.120 Intetun on-site septic systems.
(a)Sewer Service Area. The sewer service area is the same as the 20-year planning Hadlock
If the proposed use or major modification is located wi hm the hondale and
Hadlock Urban Growth Area where sewers are not available as descnbed in title
boundary of the Irondale and Port Hadlock urban growth areaUGA No development _--
JCC, outside of a phased sewer service area where sewers are ayaihable, then
approval shall be given.and no building permit issued.unless the proposed development transitional rural development standards in this chapter apply. For any nNew
complies with the provisions of this chapter For development under this chapter.as a development or redevelopment where sewers are not available as described in title 13
condition of any new development approval or major modification to an existing KC using an existing tas of date of adoption of Chapter 18: 8)C-C=)approved on-site
conmrercial, industrial. or sitthrtaimli.,residential use located within a sanitary sewer of conunuatuy.grofip system may be allowed prowled. that no expansion of the
service area. as identified in the adopted general sewer plan for the Irondale and Port capacity of on-site system is needed to serve the redevelopment and provided that the
Hadlock urban growth area.as amended the property owner must obtain confirmation of public sewer system is not vet available to the property:as defined in subsection(4)of
sewer availability from the PHUGA sewer system operator prioraeerres pt eviler pit Of to this section Tthe property owner shall install must construct an on-site septic system
• . c.viarc consistent with the requirements of CI—le—chapter 8 1` JCC For system within-
willshall be considered to be available for the purposes of turning off the transitional nu al develo)pnunt within ideiuffic'J critical aquifer recharge areas.as identified in Article
zo. _ - • S 10 JCC for the Irondale and Port Hadlock urban growth area III of C4iapirrch.ipter 1 S"JCC.the property owner and shall satisfy all of also meet
as described in title 13 ICC : the phased implementation area when sewer infrastracane the requirements of JCC IS 30 ISO. Oon-site sewage disposal best management
. according to the phased areas outlined in the Port Hadlock practices in critical aquifer recharge areas
Sewer Faerlity:Hart September 12008, +-1+- i Conditions to Interim On-Site Septic Systems and Connection to Future Sewer
Service.If an on site sew aresephc system is proposed for placement in the houdak
(b)Areas with Sewer Not Yet Available-Interim On-Site Septic Systems If the proposed and Pon Hadlock Urban Growth Area planned and adopted 20-year sewer service area
use or major modification is located within the Irondale and Port Hadlock ui bun gi.•sstli for interim use prior to sewer availability-.the pioyerty owner gull al=Ail agreement
area but outside of areas a phased sewer service area where sewer is s are available.then wi0n the operator of the Port Hadlock UGA seiner utility(see JCC 13.01 070)agreeing
transitional rural development standards in C hapterchapter 18 IQ JCC apply that the property shall be connected to the PHUGA sewer system county shall issue
any approval for the septic system with a condition that it be 9eeitnnu ssioiied and the
property connected to the sewer of sewer availability a,
described ui JCC i8 18 060(4)ta) and ICU 13 04.010 Conaurently with the
connection of the property to this•it ei. -_•- ' - . -.• no bier than days after
connection of the property to the PHL_GA sewer system,the Op-site sewage system
shall be deconuuussioted in accordance wit WAC 246-272A-0300.defined as when
the sewet extension is within 200 feet of the closest property line Such an-site septic
systems shall be professionally sited.desteried installed.monitored and maintained
according to the folk wiiie criteria
tS
Ordinance No. 09-1209-24: 200 Foot Rule
18.19.120 Interim on-site septic systems.
(1)(4-)If the proposed use or major modification is located ntthii the Irondale aft Q Psgt
Hadlock Urban Gio\sih Aie3 obese sewers are not available as described in title 13
JC'C, outside o}a plu,ed sewer serape area where sewers are available then
transitional niral development standards in this chapter apply. For any nNew
development or redevelopment there sewers are not available as described in title 13
JCC using an extsnne ta,of date of adoption ofChapter 18-18 JCC)approved ott-sae
or c ane umnity-group system may be allowed: provided. that no expamton of the
capacity of en-site systein is heeded to serve the fedeveloprtrntt.anti ptovnted.that the
public sewer system is not vet available to the property.as defined Hi subsection(4)of
this section Title property owner shall install must construct an on-site septic system
consistent with the requirements of C,:hapterchapter 8 15 JCC_For system within r
development within ide:utf-ied critical aquifer recharge areas,as identified in Article
III of b-t.• I•i:apter I8 2'JCC,the property owner and shall satisfy all of also meet
the requirements of JCC 18 30 I SO. Ora-site sewage disposal best management
practices an critical aquifer recharge areas.
t i)(2-t Conditions to Interim On-Site Septic Systems and Connection to Future Sewer
Service.If an on-site sewagesepnc system is proposed for placement in the hondale
and Port Hadlock Urban Growth Area planned and adopted 20-year sewer service area.
for interim use prior to sewer availability.the property oilier shall stet pr agreement
with the operator of the Port Hadlock UGA sewer utility(see JCC 13 01.070)agreeing
that the property shall be connected to the PHUGA sewer system county shall issue
any approval for the septic system wrest a rendition that it be decommissioned and the
vroverty connected to the sewer system within one Year of sewer availability as
described in JCC IS 18 0601a)1a), and JCC" 13 04 010 Concurrently with the
connection of llli plOPerty lo tit PHUGA ac, i system kit no later than 90 Jays gel
correction of the property to the PHUGA sewer system,the on-site sewage system
s na decoinmiss -• ' C 2-16-,72A-0300:defined as when
the sewer einer .•is within 200 Rem of the . - property hoe Stich on-site septic
systems shall be •"' i installed.motittored and maintained
accoidute to the following crrteria:
-roposea,Amenrrnerts to Chapter 13 JCC;Ph'GA Sewer Ordinance) 11
The Proposed Ordinance: 200 Foot Rule Moved to Definition
`./4W/Ndc°�
13.02.010•"A"•definitions.¶
"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.i v;gable4e•a-prey a described inJrr.1 Z n.1 n2n
4There is a typo: JCC 13.04.020 should have been JCC 13.04.010.
Sewer
'—
0
"Availability 200 Foot Ru
(°°<)°°111:1411
; Switch to
When
Turn Off
Hookup is Transitional
Required Rural Zom
111141"7
Flipping the Switch
to Turn Off
eh !` e�=' Transitional Rural
TZoning
1 August 18,2025 Proposed Amendments to Chapter 13 JCC(PHUGA Sewer Ordinance) 13
PHUGA Sewer System Stops Within the Core Phase Boundary = `.e.
1
y 4
4 .av5+g3 r M .. r
;i. .r + rr ate. .. rs,
+ a Q zrs....s...s
x..� nwa.rrn
..vyk ... nbt
i ra'va . -a ..
.1� U KB undary h♦ ; _k `
zr
Core Phase Boundary
t
(2021 Sewer Plan at 4-5)
l\
No Parcel Outside of the White Core Phase Boundary Line Will Have "Available" Sewer - 1
IIIV. . I
,
' IA ®' Treat • `
!hit� ....kb
.�� Plant ..t� f � a
IPAszt rti 10,1- - - th:1a1.41110/S
Core Phase Boundary —F __ ' c•' ,,,
II
(Excerpt from Slide from October 24,2024 BoCC Presentation)
�yON c
Clarifying Parcels Where Transitional Rural Zoning Will Be Turned Off ,
isHING���
13.04.010 - Connection-when required•or•permitted.¶
(1) • Under JCC• 18.18.060(4a 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 •When•sewers•are•"available,"•urban•growth•area•standards in chapter 1 8.1 8.JCC
apply.•JCC•13.02.010•defines"available"•and"availabilityf¶
A•Comment:••This•section•was•added-to-describe-the•relationship-between•the new•definition-of"available-and•
"availability".JCC•13.02.020,•JCC•13.04.01O.-and•JCC•18.18.060(4).••It•is•intended•to•be•way.of making•a•clearer,•
more•straightforward•connection.¶
MComment:•"Sewers•will•be•considered•to•be•available•for•the•purposes•of•turning•off•the•transitional•rural•zoning
in Chapter-1 8.1 9-JCC•for•the•Irondale•and Tort•Hadlock•urban•growth•area•as.described in-title•13•JCC."••Ordinance•
No.•09-1209-24•at 13711
riComment:••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•wayof making•a•clearer,•
more•strai¢htforward•connection.11
Clarifying Parcels Where Transitional Rural Zoning Will Be Turned Off =f f
1\Ci
13.02.010•"A"•definitions.¶
"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•di scretion of-the•director.
'Comment:•-The-measurement•should-be Its-determined•by•the-director.••Standards•in•the•definition will•make•the•
ordinance less•likely•to•be•challenged.¶
Proposed Amendments to Chapter 13 JCC(PHUGA Sewer Ordinance) 17
r1It •NIINupLtdan
�-�•••a�� �.- _ Parcels within 200 feet
Transitional �_����•- ►...:::a ••• of sewer collection lines
I ►.nun►�EMu■ ��...
Rural Zoning ••��-• ••-Nu _->1.... .
m-.. ��`/�►`ne us in En ,ram':
.... I����7 t u.atmnr IA .
Will Continue WWWWWno
.`■.I®%O- 5�IN�NlllIa\INN iiin, Ai.,to Apply to All i-'• -- ' '(%.„
the Gray ��.��
Areas Where ,_;• GAA eigini• • %/7 . ,
None of the may"', �j'//� -
Properties Are Lili���, .: ,i,:osffir" ; . �/MINI so . �!
-1/nI ;` { Mu S K% 4- Sewer Coikctan Lines
Within 200 — O.�..1t.,/rr
'\. MI -_ �� / _ Q UGA Boundary
Feet of Sewer // Zoning Classification
UGA-LDR-UGA Low Density Residential 4-6
�t j%j UGAMDR-UGA Medium Density Residential 7.12
reSeli Collection %////j UGA HDR UGA High Density Residential 13-18
. �ii; • //UGA-e-UGA Commercial
�� �j. �j, - __ Zf UGA-LI-UGA Light Industrial
Lines • � ,� /. //•/ ~ UGA-P-UGA Public
In of Areas, j NHS.4mm • I Parcels within 200 feet
r■•...is ■/1•.'T'':f of sewer collection lines
Transitional Rural :1,, 1„
cu.. r iii/
Zoning Overlay Turns Off ;•..�M/■■unl�`
nn ■■m
when PHUGA Sewergair +• .//////� _. _--
pu.EIS"' :: ::! l i
System Becomes
_ ■■ _■ ■■
Operational j'� // •
uw - elf
r j• ua�c
MIME
WIE
16 1 .
I iiiiiia;�i►' y PH-L/GA WRF. I,,ya ,.7 w;,,,-7 • /
O laid it ■•ir a uoAawr lai ( / / 4
----leis • r r
IOW +�, to_,.... �i -».�I / _Sewer Collection Lines
�'�, /'/ Q UGA Boundary
Transitional •■ i `■ t
Rural Zoning =,■ /i411, 14i p� Zoning Classification
- .R/,� UGAiDR-UGA Low Density Resdential 4-6
Switcl l . j�if/ //j� UGA-MDR-UGA Medium Density Resden[ial 7 12
j �j � �x,UGA-HDR-UGA High Density Residential 13-18
11114i/(ji 1�_._._ .. �A UGA-C-UGA Commercial
/fc/'../ Vt.UGA-U-UGA Light Industrial
fill UGA-P-UGA Public
PPR
September 8, 2025 f \ lam* 11
18,2025
;t.l\ ,,j
r.
Some Parcels Inside of the White Core Phase Boundary Will Not Have "Available" Sewer
r .
1 ir „. I .
..
-" ,,! ., ---, _
H i e ig. —
. _. ,
_,_
A 1,
. ,.....j$4.0. . .., ,.
if
� A
tut � '� +:fed"" !'�' :�
v,. i. C r'^ 7.i
Core Phase Boundary { _ " 'J wX•�
_ A.,,
4
Q..,
(Excerpt from Slide from October 24,2024 BoCC Presentation)
When PHUGA Sewer li ,
B efore Ito _Sewer Collechon Unes
1=1 Phase 1 Sewer Boundary
Expands in the Future the ,:, / .• Proposed Sewer Extertsbon
Switch Will Flip Again: ______ii I .4.,c,
Zoning wiz.
Ird StUGA Low Density Residential 4-6 unIts/acre
r---------- RR-5-Rural Residential 1 unit/5 acres I
,.7.,
- RR4
. ..
RA4
1 ' \
Ti
IIIIIiI
RR4 ....,
1.'..
RR4 ilk '
_—___ FtR4 IR i,o,
RR4 cow, k
k. UK
. ,
0 150 300
NM - I
Feet N
am
0 \
\ (-; s- '8 2025 -'`.:;;:so,' eJrlents'o .;-ar.,:er .f... .. ' ...:. ot: '
When PHUGA Sewer _ .. . , "
Expands in the Future the After
switch Will Flip Again: d I
Third Street Example 3,„• .
i, 1111111111F—...
.. ,
H UGA-LDR
1-
UGA.LDP li, °C.A4r, I' .
I; UGA-LDR • . ',,
UGA-LDR
IRR-Si 0
UGA-LDR ill in"
0
^ ,
' IRR-51 W uGA_Lpft
I- UGAIDR \ 111
Transitional
UGA-1.1DR
Rural Zoning
mik\ VIII .
il
Switch l 1
sr. , - • .---
maim
When PHUGA Sewer mial�� `m/� __r �������� s
Expands in the Future the - _ ___ t 5t —
Before
Switch Will Flip Again: �`� I���_-
RR-5 .'II„' h---
CE35r
Showroom Example �� 1111�1�= 1
r= BLS
E(�I�=��� 1 --
r ...-"-ii';‘,04,.....emullat
1
�F RR 5 a
�h �_ � N
tk ' ,�I RR-5 ♦!� 000
I t I I _ OW •
%A Ness V:i � �LL1-L� �� I \ I
s
-' Sewer Collection Lines r
I� Q Phase 1 Sewer Boundary
S 1_ - '9 ". RR . C' ••Proposed Sewer Extension
Zoning _
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`F; UGA-LDR-UGq Low Density Residental 4-6 units/acreE
` 'R�+� `L I X ;� pol
E UGA-MDR-UGA Medium Density Residential 7-12 units/acre
��S^- "•• �� ,�y.-•�i � ,� . �7, /A UGA-C-UGA Commercial
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tr.5 i,' r I Rural Residential 1 unit/5 acres J
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When Hookup is
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J August 18,2025 Proposed Amendments to Chapter 13 JCC(PHUGA Sewer Ordinance) 25
\�A1N f.r
Clarifying When Hookup Is Required (No Substantive Change to Table)
13.04.010 - Connection-whenerequired•or•permitted.¶ /'''/IN(';`
.....,
epe uee Pei..Von N.dlocx ..PGA Oh. senor connection ee u�rea Table 4-1 —- -
y Preprllaa walla M Haa ls&DCA where Sewer Caueerloe Regnirnl
Dee "Adersea4' Oat- Sewer Sydem (unnee Non
e I-adeu.re^''on se.., Si Sang* As aiIAAle-'°. Required'.
useI i wag us. e -ar.il _ -9• �•__
",: -..s- 1- sysem' - Newer Not'Mailable'.
-
sewer N.e•ae.e.bl. I fisting sUllsiture 1:.„r\n _T N,• No
_ -_.._-.N.
-- Starr intaltlis.at ton„I cxitng.trwluri \.. No 1 No.
FP.,structure Yes'. No St •\ens structurc \A I No I Nora
Motor...noon.,of existing s„ - No No Non, New •IA.ilabk^. -__.-
-
1 tatingsinaklamily residence or New structure WA No No. slunk.\ No Yes Yes
-Avalial .:� - _. Existing n ngk-f ily residence or
dapic.__ ye. Yes No
Faunae sa.gksFamay sentience or du we. No Yes res Manx m.difiution of a single-basely
- midnce or dusk% No Yes Ya
Evwrg smgk.f.may render se p.dusk. Yes yes No
._ Modification ofa sleek-family residence
Mayor madrf<sum of a ungk-family residence or dusk. No I" Yee Ofduplex Yes Ya No
Nodmcetnn of a single-roma,res.xnce or ducks Ym Yes No Neu unite-family residence or duple I N/A Yes Yes
Neu aca_t oonry Dwelling Unit(ADD) N/A Yes Yore
New.ngk.fnm,y.warns.or duple. NIA Yes Yes (image or addition to xrYeture without Yes Yes No
New accessory dweil,ng urn(ADD) WA Yes Ves lumbin
Estxing mullifamih duelling Yes or No Yes Yes
Geroge or.ddmor so structure walnut pi.meirg Yes V.. No Major modilioatior to a multifamily No Ye Yes
Fwmrgmuad.miy dwewng mesa, Yes Y.s dsselhng
New multrfamity duelling N/A Yes Yes
wapr moanestson to.muudamq d.enp No Yes Yes Foisting non-residential structure with
New muud.m,y...nog No Yes V.. less stun I FRI•per month maw wen Yes Yes No
use *Typo:
Fnsung non esnennel st.um,re non less..I Ent per Ye. Yes No Existing non-midemial structure with
moron.renege rater use less the l FRI per month avenge wager No Yes Yes "(with
Eamon; n l ertmt stru
cture ucture wan than 1 FSU P. o res Ves YY
rImnd,.»rae.wat.'ue Existing N non-residentialstructurrweb ` plumbing)"
Ens."nonrn,denc.l structure wan equal.or greater Yes/Noalual to,n greater than I F RI per month Yam No Yes Yes
FRU go,..mond,a t<wMe�u
ce.. Yes Yn asnagc warn use will be
New non-ress.kniial structure* N/A Yes Yes
Neer nor.es(denwi properoes lwa p„mwng) NM Yes Yes Major off to non-residentialadded to
M..modinunon ro a nonresldemwi structure No Yes Yes immure a No Yes Yes next draft.
Pups..18,2025 Proposed Arcenc'renrs to Chapter 13 iCC"'tuGA Sewer Ora:nancei
N
Clarifying When Hookup Is Required (Revised Sections)
y'S•HfNG`J:
13.04.010 Connection-when•required•or•permitted.¶
12) This•section• s=describes areas within.the-Port•Hadlock UGA•where the•PHUGA
sewer system-is-`available:2as•deseFil defined•inICC•13.02.01018. 0(4),-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.¶
(-1-)(3)-The-following-Table-4-1 etermines•when•properties•
within•the•PHUGA•are•required-to•connect to•the•PHUGA•sewer•system.••Chapter•'8 '8 JCC•pnd•
-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.¶
\L ON trJ
Clarifying When Hookup Is Required (Changes to Notes in Table 4-1) =
13.04.010 -- Connection-when•required•or•permitted.¶ `'���
Comment: This was moved to a definition for clarity.
sal-AdequateOSS"is defined m JCC 13.02 010, The new definition in JCC 13.02.010 says. "'Adequate OSS'means an
ei
existing on-site sewage system('OSS')that is not failing.as defined in
_.;_. - its•th ,r_.-_, s JCC 13.02.060."The definition relies on the already existing definition of
miert,femoilely-er-rhatige-of-use-would "failing"in JCC 13.02.06'0.
• A
ble . — 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.
(b)"Available"is-dcfined m 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 chanter 1s 18 JCC.,. Comment:Definition in JCC 13.02.0TO modified for clarity and making
44,444g CC_ clearer the relationship to JCC 18.18.060(4)and the urban growth area
standards in chapter"3 's JCC.
(cSubject-to-No-Protest Agreementper-JCC 18.19.120(3)orother binding agreement-requiring
connection tosewer when"avarlable••-asdefined in JCC•13 02 01 Comment: This changes makes the language consistent with JCC
(d) See subsection t;)rot tequuements for connecting a new detached ADU to the PHUGA sewer 18.18.060(4)made in Ordinance No.09-1209-24
system A'hen<eneecttng a new detached ADU to the sewer system,all other structures with
42 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.
ytil)•: (J
Clarifying When Hookup Is Required (New Sections from Prior Notes)
13.04.010 • Connection-when•required-or•permitted.¶
(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
18.19.1'0 and chapter 8.15 JCC.
(5) When connecting a new detached ADU to the PHUGA sewer system.''all other structures
with plumbing on the same property are required to connect to the PHUGA sewer ss stem at the
same time.
„S.s '3 7925 Proposed Amendments to Chapter 13 JCC(PHUGA Sewer Cronanc.=
00N co
Clarifying When Hookup Is Required (New Definition)
{
13.02.010•":‘"•clefinitions.1' Vir C S°
"Adequate OSS""means.an•existing•on-site•sewage•system•("OSS")•that•is•not•failing,•as•defined•
in•JCC•13.02.060.11
Komment:••Failing-is defined-in ICC•13.02.060•ts:¶
"Failing"-of an•on-site.sewage-system means•that•in•the•opinion•of•the•county-department of•public health,•
anon-site sewage system{ OSS")threatensthepublictiealthorenvironment by inadequately treating sewage•
or•by•creating.a•potential•for•director•indirecthuman•contactbetween•sewage,•as•specifed•byChapter-8.15•
JCC.and-Chapter•246-272A•WAC.Examples-of-a-failing-on-site-sewage-system-include,.but•are-not limited•
to:¶
(1)-Sewage•onthe•surface•ofthe•ground.j
(2)•Sewage hackingvpintoastructure•caused-byslowsoilabsorption•of•anon-site sewage systemrdischargel
(3)•Sewage•leaking-from•an-on-site•sewage tank•orcollection•system;¶
(4)•Cesspools-orseepage•pits where•evidence•of•groundwater•orsurface waterquality•degradation•exists;¶
(5)•Inadequatelytreated•effiuentcontaminating groundwater•or•surfacewater;•or¶
(6)Noncompliance-with-standards-required.on.an.on-site sewage•system permit.¶
(WAC•246-2 72A-0010).1f
Auqus '3 2025 -roposed Amencrrenrs to Chapter 13 JCC(PHUGA Sewer:rdinance'
Clarifying When Sewer Is "Available"-200 Foot Rule Moved Here
13.02.010•"A"•definitions.¶
"Available"•and"availability"•means•that•the•PHUGA•sewer•system•is•located•within•200•feet•of
an•existing•sewer•collection•line•via public Tights-of-way,•utility•easements•or•some•other•route•at-
the•discretion•ofthe•director. s•iavatiable•.e•e•Yrepe ty as•describea • rrr 1 04 n2n
4•Comment:••The•measurement•should•be•as•detern fined-by•the•director.••Standards•in•the•definition•will•make•the•
ordinance•less•likely•to•be•challenged.')
Proposed Amendments to Chapter 13 JCC(PHUGA Sewer Ordinance; 3'
Key Takeaways =
1 . On September 8, 2025, UGA 2. Some properties within 200
zoning will apply all properties feet of a sewer collection line
within 200 feet of a sewer will be required to hook up to
collection line. the sewer.
Key Date: Key Number:
September 8, 2025. 200 feet.
%re^dr^erts to Chapter 13 ACC(PHUGA Sewer Ordinance)
O
N
C
11.14.1141
Questions .
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August 18,2025 Proposed Amendments to Chapter 13 JCC jPHUGA Sewer Ordinance) 33