Ordinance 1302: Renewing a Moratorium upon certain building permits within the Boundaries of Water-Sewer District #5 A
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY, WASHINGTON RENEWING )
A MORATORIUM UPON CERTAIN BUILDING PERMITS WITHIN ) ORDINANCE NO. 1302
THE BOUNDARIES OF WATER-SEWER DISTRICT#5 AND
DIRECTING THE SETTING OF A PUBLIC HEARING
WHEREAS, Lewis County Board of County Commissioners enacted Ordinance 1294 on
August 6, 2018, and renewed the moratorium with the passage of Ordinance 1300 on January
28, 2019, followed by a public hearing to ratify said ordinance(s), and
WHEREAS, Ordinance 1300 will expire six months following enactment, unless extended,
and
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withdrawn, and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 an additional six-month period to allow the
Districts adequate time to renegotiate and adopt a new interlocal agreement for sewer service
in District 5, and
Moratorium PAGE 1 of 3
Ordinance 1302
WHEREAS, the County has legitimate concerns that sewer availability, as it relates to a
building permit application, cannot be properly 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
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 The Lewis County Board of County Commissioners hereby extends the 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 was held on June 3
2019
Section 4 Ratification Any act consistent with the authority 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
Moratorium PAGE 2 of 3
Ordinance 1302
Section 7. Findings The Lewis County Board of Commissioners hereby adopts the above recitals
as findings of fact in support of this Ordinance
PASSED IN REGULAR SESSION this 3rd day of June 2019, after a public hearing was held
pursuant to the notice published in the East County Journal on May 14, 2019 and the Chronicle
on May 15, 2019
APPROVED AS TO FORM BO' D OF COUNTY COM SIONERS
Jonathan Meyer, Prosecuting Attorney ' IS COUNTY, WAS iGTON
By Deputy Prosecuting Attorney Robe, C Jackso , Chair
J. PH1P"/
ATTEST Gary St! per'ice hair
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Rieva Le r, Clerk of the Bogsc — tj• Edna J Fund, Corn fifsioner
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Moratorium PAGE 3 of 3
Ordinance 1302
NOTICE OF PUBLIC HEARING BEFORE THE
LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS
AND INTENT TO ADOPT
NOTICE IS HEREBY GIVEN that the LEWIS COUNTY, WASHINGTON, BOARD OF COUNTY
COMMISSIONERS will hold a public hearing on June 3, 2019, starting at or after 10.00 AM
The public hearing will consider Ordinance 1302, an ordinance renewing the moratorium
upon certain building permits within the boundaries of Water Sewer District #5
The public hearing will be at the Lewis County Courthouse, Commissioners' Hearing Room,
351 NW North Street, Chehalis, WA At the hearing, individuals will be invited to speak
and/or provide written statements regarding the proposed changes All individuals wishing
to speak are encouraged to attend Written comments may be submitted in advance of the
hearing to
Lee Napier, 360 740 2606 or lee napier @Iewiscoutywa.gov
Details about the proposals are available online at
https.//lewiscountywa.gov/communitydevelopment Hard copies are available at Lewis
County Community Development, 2025 NE Kresky Ave , Chehalis WA, the Timberland
Regional Libraries located in Chehalis, Centralia, Salkum, Randle, Packwood, and Winlock,
and the Lewis County Senior Centers in Morton, Packwood, Toledo, Twin Cities (Chehalis),
and Winlock
The meeting site is barrier free People needing special assistance or accommodations
should contact the Community Development Department 72 hours in advance of the
meeting
Rieva Lester/Publish in the Chronicle and East County Journal on May 14 and May 15
i r
BOCC AGENDA ITEM SUMMARY
Resolution BOCC Meeting Date. Jun 03, 2019
Suggested Wording for Agenda Item. Agenda Type Hearing
Proposed action to enacted Ordinance No. 1302,renewing the moratorium upon certain building permits within
the boundaries of Water-Sewer District#5
Contact Lee Napier Phone 2606
Department Community Development
Action Needed Approve Ordinance(traffic or other)
Description
On January 7, 2019, the Board of County Commissioners (BOCC)passed Ordinance No 1300
Ordinance No 1300 will expire unless extended Ordinance No 1302 would continue the moratorium another
six months
Publication Requirements-
Approvals:
Hearing Date.
User Group Status Publications
Lester, Rieva BOCC Pending
Eisenberg, Eric ✓ Pending Publication Dates.
York, Danette Pending
Additional Copies
Lee Napier, Danette York, Eric Eisenberg