Public hearing to ratify Ordinance 1317, moratorium upon certain building permits within Water-Sewer District #5. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-166
PUBLIC HEARING TO RATIFY ORDINANCE 1317, A
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 May 18, 2020; and
WHEREAS, notice of said hearing was published in The Chronicle on April 28, 2020,
and the East County Journal on April 29, 2020, as required by law; and
WHEREAS, on said date, the BOCC will take public testimony or written comment on
the Ordinance 1317 concerning the moratorium upon certain building permits within
the boundaries of Water-Sewer District #5; and
WHEREAS, the BOCC considered and adopted an emergency renewal moratorium on
April 27, 2020, pursuant to RCW 36.70A.390.
NOW THEREFORE BE IT RESOLVED that after conducting a public hearing, the BOCC
hereby ratifies Ordinance 1317 concerning a moratorium upon certain building permits
within the boundaries of Water-Sewer District #5 with final BOCC action taking place
following the public hearing.
DONE IN OPEN SESSION this 18th day of May, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Gary Stamper
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST: `:�%1tDOFwAsi�• Edna J J . Fund
,° " Edna J. Fund, Vice Chair
St 5 n,•:
••'' ' co -1,,co. Robert C. Jackson
Rieva Lester sy+.c�op;.��.•
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. Ordinance 1317
PROPOSED ACTION TO ENACTED ORDINANCE NO.
1317, RENEWING THE MORATORIUM UPON CERTAIN
BUILDING PERMITS WITHIN THE BOUNDARIES OF
WATER-SEWER DISTRICT #5.
NOW THEREFORE BE IT RESOLVED
DONE IN OPEN SESSION this 27th day of April, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Gary Stamper
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
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ATTEST: "'*"•' Edna J . Fund
•.Edna J. Fund, Vice Chair
1$45 >c
Rieva Lester '����� Robert C. Jackson
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
ORDINANCE 1317
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY, WASHINGTON RENEWING ) ORDINANCE 1317
A MORATORIUM UPON CERTAIN BUILDING PERMITS WITHIN )
THE BOUNDARIES OF WATER-SEWER DISTRICT#5
WHEREAS, Lewis County Board o=Co.irty Commissioners enacted Ordinance 1294 on August 6,2018,
anc: renewed the moratorium w th the passage of Ordinance 1300 on January 28, 2019, followed by the
passage of Ordinance 1302 on June 3, 2019,and again with the passage of Ordinance 1308 on
November 4. 2019 followed by a public hearing to ratify said ordinance(s); and
WHEREAS,Ordinance 13C8 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 Provsion of Wholesae Sewer Service to receive and treat wastewater from Lewis Count,;
Water/Sewer District No. 5(District 5),which was proposec to serve the proposed 8irchfield Fully
Contained Community; and
WHEREAS, in February of 2017 the Birchfield Fully Contained Community proposal was withdrawn; and
WHEREAS, District 2 considers the Interloca Agreement "null and void because its express and sole
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purpose was to govern the provision of inter-district sewer service for the Birchfield FCC (Fully
Contained Community].' In the opinion of D strict 2, this fundamental change mandates a new interlocai
agreement fo'any inter-district cooperation; and
WHEREAS, on July 24, 2018, the District 2 Commissioners adopted Resolution No. 7-24-20:8 statng
D strict 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 appiicat on 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 S into question because District 2 challenges the legality of Dis:r c:
5's reliance on Distrct 2's wastewater treatment plant; and
WHEREAS, moratoria adopted pursuant tc the authority of RCW36.70A.390 are methods by which local
governments may preserve the status quc so that new plans and regulations will not be rendered moct
by intervening development; and
WHEREAS, the County predicts the need for an additional six-month period to allow the Districts
oequate time to renegotiate and adept a new;nterlocal agreement for sewer service in D,strict 5; and
WHEREAS, the County has legitimate concerns that sewer availability, as it relates to a building permit
application,cannot oe properly demonstrated through the commonly accepted practice of a sewer
availability form completed by District 5; and
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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 abil'ty of property owners to utilize sept c
systems to treat their wastewater; and
WHEREAS, this moratorium is authorized by RCN 36.70A.390 and Articie 11,Section 11 of the
Washington State Constitution.
NOW THEREFORE BE IT ORDAINED by the Lewis County Board of County Commissioners that Lewis
Counts, Boaro of County Commissioners hereby declares the following:
Section 1. Moratorium.
a. The _ewis County Boarc 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 Isewer) treatment from District 2.
b.The moratorium in section (a), above,does not appw to applications related to the maintenance of
existing uses on the sever or so properties, referenced in the recitals above,which are a ready
connected to sewer services.
c. The moratorium in section (ai. above, does rot apply to applications in wh ch the proposed
development relies on on-site wastewater systems or other lawful wastewater systems, such as a LOSE
system. These applications may contnue to be accepted and may be reviewed as nerma; 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
November 4, 2019 extends until May 4, 2020. This Ordinance renewing that moratorium shall be
effective as of 12:3 A1V on May 4, 2020 and shall remain in effect for six(6) months thereafter until.
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 on May 18, 2020.
Section 4. Ratification. Any act consistent with tine authority of tnis Ordinance is hereby ratified and
affirmec.
Section 5. Severability.The previsions of this Ordinance are declared separate and severable. If any
provision of tnis Ordinance or its application to any person or circumstances is held invalid,the
remainder of this Ordinance or apo.icatior of the provision to other persons or circumstances shall be
unaffected.
Section 6. Findings The Lew s County Board of Commissioners hereby adopts the above recitals as
findings of fact in suoaort of this Ordinance
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PASSED IN REGULAR SESSION th s 27th day of April 2020,without a public hearing. Pursuant to RCW
3e.70A.3?0, the public hearing on this matter must be held at east sixty days following adoption.
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DCNE IN OPEN SESSION this day of
se:.
t`R ' APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON
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By: Deputy Prosecuting Attorney Gary per, Chair Aa
4giro 411
"y ATTEST: Edn. J Fund,Vice Ch.it
ieva Lester,Clerk of the Board R.• rt C.J.ckson,Commissioner
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: May 18, 2020
Suggested Wording for Agenda Item: Agenda Type: Hearing - Resolution
Public hearing to ratify Ordinance 1317, a 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:
Public hearing to ratify Ordinance 1317, a moratorium upon certain building permits within the
boundaries of Water-Sewer District #5
Approvals: Publication Requirements:
Publications:
User Status
n/a
PA's Office Pending
Additional Copies: Cover Letter To:
Lee Napier, Amber Smith, Josh Metcalf nia