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Ord No. 1308 Renewing Moratorium upon certain building permits, water-sewer district #5 ORDINANCE 1308 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON AN ORDINANCE OF LEWIS COUNTY, WASHINGTON RENEWING ) ORDINANCE 1308 A MORATORIUM UPON CERTAIN BUILDING PERMITS WITHIN ) THE BOUNDARIES OF WATER-SEWER DISTRICT#5 ) 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 and again with the passage of Ordinance 1302 on June 3, 2019,followed by a public hearing to ratify said ordinance(s), and WHEREAS, Ordinance 1302 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Fully Contained Community, and WHEREAS, in February of 2017 the Birchfield Fully Contained Community proposal was withdrawn, and WHEREAS, District 2 considers the Interlocal Agreement "null and void because its express and sole purpose was to govern the provision of inter-district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 RCW36 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 1I 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 Effective Date and Duration of Moratorium. The moratorium adopted by this Board on June 3, 2019 extends until Dec 3, 2019 This Ordinance renewing that moratorium shall be effective as of 12 01AM on Dec 3, 2019 and shall remain in effect for six (6) months thereafter until June 3, 2020, 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 November 4 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. 21 Section 6 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 4TH day of November 2019, after a public hearing was held pursuant to the notice published in the East County Journal on October 23, 2019 and the Chronicle on October 22, 2019 DONE IN OPEN SESSION this day of Dj / APPROVED AS TO FORM BOARD •F COUNTY COMMISSI• HERS Jonathan Meyer, Prosecuting Attorn- LE COUNTY, 'S G P is. By. Deputy Prosecuting Attorney Rober .Jackson, Chair ATTEST: Gary St per,Vice Rieva Lester, Clerk of the Board Edna J. Fund,Co 17 ssioner -41\S MI. • GDU k'9 • • 64.tog:' SI � :� 1845NCE z .; • • GIDN'S':•• 3Ir . 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 November 4, 2019, starting at or after 1000 AM The public hearing will consider Ordinance 1308, 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 @lewiscoutywa.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 October 22 and 23 BOCC AGENDA ITEM SUMMARY BOCC Meeting Date: Nov 4, 2019 Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance Proposed action to enacted Ordinance No 1308 renewing the moratorium upon certain building permits within the boundaries of Water-Sewer District #5 Contact: Lee Napier Phone: 360.740.2606 Department: CD - Community Development Description: Proposed action to enacted Ordinance No 1308 renewing the moratorium upon certain building permits within the boundaries of Water-Sewer District #5 Approvals: Publication Requirements: Publications: User Status The Chronicle and East County Journal PA's Office Approved Additional Copies Lee Napier, Eric Eisenberg, Josh Metcalf r DECEIVED Board of County Commissioners Lewis County Washington OCT 242019 112315 Ordinance 1308 NOTICE OF PUBLIC HEARING BEFORE THE LEWIS COUNTY BOARD OF COUNTY AFFIDAVIT COMMISSIONERS AND INTENT TO ADOPT OF PUBLICATION NOTICE IS HEREBY GIV- EN that the LEWIS STATE OF WASHINGTON COUNTY,WASHINGTON, BOARD OF COUNTY COUNTY OF LEWIS COMMISSIONERS will hold a public hearing on November 4,2019,starting Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, +or a public;5'00 AM y Y Y H'Y , at �.publ hearing will and/or Cindy Thayer says that she is the legal clerk of consider Ordinance 1308, an ordinance renewing the The moratorium upon certain ronitte bdding permits within the 1 boundaries of Water- Sewer District#5 a semi-weekly newspaper,which has been established,published The public hearing will be at the Lewis County Court- in the English language,and circulated continuously as a house, Commissioners' semi-weekly newspaper in the City of Centralia,and in Lewis Hearing Room, 351 NW County,Washington,general circulation in Lewis County for North Street, Chehalis, more than six(6)months prior to the date of the first publication WA At the hearing,individ- of the notice hereto attached,and that the said Chronicle was on uals will be invited to speak and/or provide written the 7th day of July 1941,approved as a legal newspaper by the statements regarding the Supenor Court of said Lewis County And that the attached is a proposed changes All indi- true copy and was published in regular issues(and not in viduals wishing to speak supplement form)of said newspaper as LEGAL#112315 are encouraged to attend RE Ordinance 1308 Written comments may be submitted in advance of the hearing to once each for a period of 1 Lee Napier, 360 740 2606 orlee . naoier commencing on 10/22/2019 and ending on 10/22/2019 @lewiscountywa.gov Details about the proposals are available online at and both regularly distributed to its subscribers during all of said rittps.//lewiscountywa.9ov/ penod That the full amount of the fee charged for the foregoing aatan n'+ devPlooment , bh,ati ,the sum of$21 08 Hard copies are available /,` at Lewis County Communi- ty Development, 2025 NE Kresky Ave,Chehalis WA, Su•-- • i woi to before me 10/22/2019 the Timberland Regional Libraries located in Cheha- i�')!` / OA' lis,Centralia,Salkum,Ran- dle, Packwood, and Win- Notary i blic in and for the State of Washin{i �tll'ilitiU,,/ lock,and the Lewis County resi g t ��\PiI;RR•••• /// Packwood, Toledo, Twin '' -`-t Z EXPIRE ••• '� Cities(Chehalis), and Win- -�04't _, �` r -',25 20�S �� O;�Qy 3 lock - s" The meeting site is barrier _ :°m �0 ,c, m•;z= free People needing spe- •6� ��0\ ^�••C~?� modatsonsashoud contact :� goo' ••,Z�'�: the Community Develop- ;, Commis'•• c.' ment Department 72 hours `� x� in advance of the meeting Published The Chronicle nntober 22,2019