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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 1 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 2 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." 3 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 4 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, 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),' 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 _ �.•r_ RR3 as, �[7f+3.rrt t ' / '� rit `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 —ei ii. , i • ..a . General Crossroad r•�lxtl► rs St—S�mms st 31S'J } .- siii ' as - tr.5 i,' r I Rural Residential 1 unit/5 acres J wx iit _ Ill r 1 s— — When PHUGA Sewer Aft1 - i u� �_ --T _._.. —.......�■�� Expands in the Future the ,. � -- ��� �������' Switch Will Flip Again: ,RR„ _/: I■_IIIIIIII/11 ItIl111111111 .,U,J J uGJlyi/ V;;: 11111111/1 Eli wroom Ex , ��� ��-- °°""°" (RRa _"• -- n111 1U•■• ii 0 _ � URkR tI L. . 11mm . i LP j7414 -- ! UGAJORIR-51y �`. � - Ai ..,. Expansion to. ! us.una■ ■..' arl's Design. :, rondal '� ��1�i Transitional Center& p8,",Re�_ �I F. '— ?ural Zoning sngjm . ;l F /IP Switch I 1 =Simms_St -- \I n WHISall Sewer "Availabili "— R 200 Foot Rule -� • When TumSwit um Off Hookup is Transitional Required Rural ZoningONN When Hookup is Required T 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 . - • / V August 18,2025 Proposed Amendments to Chapter 13 JCC jPHUGA Sewer Ordinance) 33