Hearing: Ord 1294- Moratorium upon certain building permits within boundaries of Water Sewer District #5 (
7
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
PUBLIC HEARING TO RATIFY ORDINANCE 1294,A ) RESOLUTION NO.18- 019—
MORATORIUM UPON CERTAIN BUILDING PERMITS WITHIN
THE BOUNDARIES OF WATER-SEWER DISTRICT#5
WHEREAS, notice was given that a public hearing would be held by the Lewis County Board of County
Commissioners (BOCC) in the hearing room at 351 NW North Street, Chehalis,Washington on August 27,
2018 at or after 10:00am; and
WHEREAS,notice of said hearing was published in The Chronicle on August 7,2018 and the East County Journal
on August 8, 2018 as required by law; and
WHEREAS,on said date,the BOCC will take public testimony or written comment on the Ordinance 1294
concerning the moratorium upon certain building permits within the boundaries of Water-Sewer District#5;
and
WHEREAS,thv BOCC considered and adopted an interim moratorium on August 6,2018, pursuant to RCW
36.70A.390.
NOW THEREFORE BE IT RESOLVED that after conducting a public hearing, the BOCC hereby ratified
Ordinance 1294 concerning a moratorium upon certain building permits within the boundaries of Water-
Sewer District#5 with final BOCC action to take place following`the public hearing.
DONE IN OPEN SESSION this VI\ day of U� V f— , 2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGT‘N
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By: Civil Deputy Prosecuting Attorney Ed,a J. Fund, Ch.it
ATTEST: Robert C.Jackson, Vice Chair
Rieva Lester,Clerk of the Board ••••®
• ary Sta per, Commissioner
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BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY, WASHINGTON ADOPTING )
A MORATORIUM UPON CERTAIN BUILDING PERMITS WI(HIN ) ORDINANCE NO. 1294
THE BOUNDARIES OF WATER-SEWER DISTRICT 45 AND
DIRECTING THE SETTING OF A PUBLIC HEARING
WHEREAS, on July 9, 2004, Lewis County Water District No. 2 (District 2) entered into an
Interlocal Agreement for Provision of Wholesale Sewer Service to receive and treat wastewater
from Lewis County Water/Sewer District No. 5 (District 5), which was proposed to serve the
proposed Birchfield Fully Contained Community; and
WHEREAS, in February of 2017 the Birchfield Fully Contained Community proposal was
withdrawn; and
WHEREAS, District 2 considers the Interlocal Agreement "null and void because its
express and sole purpose was to govern the provision of inter-district sewer service for the
Birchfield FCC (Fully Contained Community]." In the opinion of District 2, this fundamental
change mandates a new interlocal agreement for any inter-district cooperation; and
WHEREAS, on July 24, 2018, the District 2 Commissioners adopted Resolution No. 7-24-
2018 stating District 2 will not accept new applications for sewer service from property owners
in District 5 without a new interlocal agreement between District 2 and District 5; and
WHEREAS, prior to submitting an application for a building permit, an applicant must
show that they have access to an adequate wastewater treatment system. The recent action by
District 2 calls the availability of sewer service in District 5 into question because District 2
challenges the legality of District 5's reliance on District 2's wastewater treatment plant; and
WHEREAS, moratoria adopted pursuant to the authority of RCW 36.70A.390 are methods
by which local governments may preserve the status quo so that new plans and regulations will
not be rendered moot by intervening development; and
WHEREAS, the County predicts the need for at least a six-month period to allow the
Districts adequate time to renegotiate and adopt a new interlocal agreement for sewer service
in District 5; and
WHEREAS, the County has legitimate concerns that sewer availability, as it relates to a
building permit application, cannot be property demonstrated through the commonly accepted
practice of a sewer availability form completed by District 5; and
WHEREAS, this Ordinance does not affect those properties within District 5 already
connected to the public sewer system. District 2 estimates this number to be approximately
seven properties; and
Moratorium PAGE 1 of 3
Ordinance 1194
e
WHEREAS, this Ordinance is in no way intended to limit the ability of property owners to
utilize septic systems to treat their wastewater; and
WHEREAS, this moratorium is authorized by RCW 36.70A.390 and Article 11, Section 11
of the Washington State Constitution.
NOW THEREFORE BE IT ORDAINED by the Lewis County Board of County Commissioners that
Lewis County Board of County Commissioners hereby declares the following:
Section 1, Moratorium.
a. [he Lewis County Board of County Commissioners hereby declares a moratorium upon
the submission, acceptance, processing or approval of any land-use or building permit
applications for development of or on parcels within District 5 if the proposed
development relies on centralized wastewater (sewer) treatment from District 2.
b. The moratorium in section (a), above, does not apply to applications related to the
maintenance of existing uses on the seven or so properties, referenced in the recitals
above, which are already connected to sewer services.
c. The moratorium in section (a), above, does not apply to applications in which the
proposed development relies on on-site wastewater systems or other lawful wastewater
systems, such as a LOSS system. These applications may continue to be accepted and
may be reviewed as normal by Lewis County Environmental Services Division or by the
appropriate state agency.
Section 2. Duration of Moratorium. The moratorium adopted by this Ordinance is effective
immediately upon adoption and shall remain in effect for six (6) months, unless subsequently
extended by the Board pursuant to state law.
Section 3, Public Hearing. Pursuant to RCW 36.70A.390, a public hearing will be held August 77,
2018.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this Ordinance is hereby ratified and affirmed.
Section 5. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
the remainder of this Ordinance or application of the provision to other persons or circumstances
shall be unaffected.
Section 7. Findings. The Lewis County Board of Commissioners hereby adopts the above recitals
as findings of fact in support of this Ordinance.
Moratorium PAGt L of 3
Ordinance 1791
PASSED IN REGULAR SESSION THIS 6th day of August 2018, without holding a public hearing.
Pursuant to RCW 36.70A.390, the public hearing on this matter must be held at least sixty days
following adoption.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
a
By: eivil Iep•ty 'rosecuting Attorney a J. Fund, Chair f
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ATTEST: Robert C. Jackson, Vice Chair
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Rieva Lester, Clerk of the Board Gary Sta •er, Commissioner
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Moratorium PAGE 3 of 3
Ordinance 1294
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Aug 27, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Public Hearing to adopt Ordinance 1294, an ordinance adopting a moratorium upon certain building permits
within the boundaries of Water-Sewer District#5.
RECEIVED
Contact Lee Napier Phone: 3607402606 fit) 2 Q 2Q18
Department:
LEWIS COUNTY
Action Needed: Approve Resolution PROSECUTING ATTOR NEY
Description
On July 24, 2018, the Water District 2 (District 2) Commissioners adopted Resolution No. 7-24-2018 stating
District 2 will not accept new applications for sewer service from property owners in District 5 without a new
interlocal agreement between District 2 and District 5. In response to a verbal request, Lewis County will enact
a moratorium upon certain building permits within the boundaries of Water-Sewer District#5 and direct the
setting of a public hearing.
On August 6, 2018, the Lewis County Board of County Commissioners (BOCC)passed a moratorium pursuant
to the authority of RCW 36.70A.390. On that same day, in accordance with the RCW, the BOCC set a public
hearing date of August 27, 2018.
Approvals:
User Group rStatus
Lester, Rieva Pending
Eisenberg, Eric Pending
Anderson, Pat Pending
Additional Copies
Lee Napier, Danette York,Pat Anderson,Eric Eisenberg, Tom Stanton
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AFFIDAVIT
OF PUBLICATION 105686 Notice of Public Packwood, Toledo, Twin
STATE OF WASHINGTON Hearing Cities (Chehalis), and Win-
COUNTY OF LEWIS NOTICE OF The meeting site is barrier
PUBLIC HEARING free. People needing spe-
BEFORE THE cial assistance or accom-
Alysa Andrews,and/or Mandy Klemola,says that she is the legal LEWIS COUNTY modations should contact
clerk of BOARD OF COUNTY the Community Develop-
COMMISSIONERS ment Department 72 hours
irbP , AND INTENT TO ADOPT in advance of the meeting.
Qtrontttt NOTICE IS HEREBY Published:The Chronicle
GIVEN that the LEWIS August 7,2018
a semi-weekly newspaper,which has been established,published COUNTY, WASHINGTON,
BOARD OF COUNTY
in the English language,and circulated continuously as a semi- COMMISSIONERS will
weekly newspaper in the City of Centralia,and in Lewis County, hold a public hearing on
Washington,general circulation in Lewis County for more than August 27, 2018, starting
six(6)months prior to the date of the first publication of the at or after 10:00 AM.
notice hereto attached,and that the said Chronicle was on the 7th The public hearing will
day of July 1941,approved as a legal newspaper by the Superior consider Ordinance 1294,
Court of said Lewis County.And that the attached is a true copy an ordinance adopting a
and was published in regular issues(and not in supplement form) moratorium upon certain
of said newspaper as LEGAL# 105686 RE:Notice of Public building permits within the
boundaries of Water-
Hearing Sewer District#5.
The public hearing will be
once each_for a period of 1 at the Lewis County Court-
house, Commissioners'
commencing on 08/07/2018 and ending on 08/07/2018 Hearing Room, 351 NW
North Street, Chehalis,
and both regula y distri,.ted to its subsc i,•rs during all • said WA.At the hearing,individ-
uals will be invited to speak
period.That full a, luntof the fe- • _ed for ih• •regoing
and/or provide written
publicatio• •the s of$22.77 statements regarding the
L// s proposed changes.All indk
viduals wishing to speak
Sub ''.edar:rworn to b;care me 0:707/2018 are encouraged to attend.
Written comments may be
J>(1. ,_. , # _ submitted in advance of
the hearing to:
iee.napier@lewiscoutywa.gov.
Notary Public in and for the State of Washington, Details about the proposals
residing t are available online at
g ,W1 9egEe
3110 ty;p` �fj� //� ommunitydevelopment.
. O` 4'\��•1X•/4,0• s°. ataLewis County Comm available
CZ''74 Rys•;* — ty Development, 2025 NE
•t°,�0�� G 0 Kresky Ave., Chehalis WA;
P go- the Timberland Regional
pQ•, Libraries located in Cheha-
,cF 951` ,c")` lis,Centralia,Salkum, Ran-
o. Sl •r ` die, Packwood, and Win-
//� 1/111 ��\`` and the Centers in Morton