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Ordinance 1317 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 ATTEST: iv';. Edna J J . Fund CZ>° \C:•Edna J. Fund, Vice Chair"'2: NC S 1g45 � 1` •J� 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#i5 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 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 1308 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Fully Contained Community; and WHEREAS, in February of 2017 the Birchfield Fully Contained Community proposal was withdrawn; and WHEREAS, District 2 considers the Interlocal Agreement"null and void because its express and sole purpose was to govern the provision of inter-district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 S 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 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 1 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 November 4, 2019 extends until May 4, 2020. This Ordinance renewing that moratorium shall be effective as of 12:01AM 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 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. Section 6. Findings.The Lewis County Board of Commissioners hereby adopts the above recitals as findings of fact in support of this Ordinance. 2I ' . PASSED IN REGULAR SESSION this 27th day of April 2020,without a public hearing. Pursuant to RCW 36.70A.390, the public hearing on this matter must be held at least sixty days following adoption. DONE IN OPEN SESSION this day of 010A- APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON By: Deputy Prosecuting Attorney Gary a per, Chair, it ATTEST: Edn. J Fund,Vice Ch.it •ieva Lester, Clerk of the Board R•• -rt C.J.ckson,Commissioner •�` COUNT) •-•• OF ���2 i ••4, •O/ •I, SINCE o• . •"' 1845 c,, Ili • 1;:• 3IPage BOCC AGENDA ITEM SUMMARY BOCC Meeting Date: April 27, 2020 Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance Proposed action to enacts. Ordinance No. 1317, 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 enact." Ordinance No. 1317, renewing the moratorium upon certain building permits within the boundaries of Water-Sewer District #5. On November 4, 2019, the Board of County Commissioners (BOCC) passed Ordinance No. 1308 extending the moratorium. Ordinance No. 1308 will expire unless extended. Ordinance No. 1317 would continue the moratorium another six months. A resolution to schedule a public hearing for the Ordinance on May 18, 2020 is included under a separate PacketWriter docket. Approvals: Publication Requirements: Publications: User Status April 28 and 29 PA's Office Pending Additional Copies: Cover Letter To: Josh Metcalf, Eric Eisenberg, Amber Smith { 7 RECEI VE. Board of County Commissioners Lewis County Washington 114310 Ordinance 1317 NOTICE OF PUBLIC APR 3 0 2020 HEARING BEFORE THE LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS AND INTENT TO ADOPT NOTICE IS HEREBY GIV- EN that the LEWIS COUNTY, WASHINGTON, BOARD OF COUNTY COMMISSIONERS will hold a public hearing on May 18, 2020, starting at or after 10:00 AM. This time may change due to COVID-19. For example. the hearing may start after AFFIDAVIT 3PM_as part of the only OF PUBLICATION meeting of the day. Please Zook at the Commissioners' STATE OF WASHINGTON hearing unitsch wa.gov offhices Jlewiscoun g /commissionersiagendas- COUNTY OF LEWIS calendars as May 18,2020 approaches for updated details. Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, The public hearing will and/or Cindy Thayer says that she is the legal clerk of consider Ordinance 1317, an ordinance renewing the The moratorium upon certain building permits within the ronirtr boundaries of Water- Sewer District#5. a semi-weekly newspaper,which has been established,published The public hearing will be in the English language,and circulated continuously as a at the Lewis County Court- semi-weekly newspaper in the City of Centralia,and in Lewis Court- house, Commissioners' Hearingse Room, 35ion51 NW 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 the 7th day of July 1941,approved as a legal newspaper by the and/or provide written Superior Court of said Lewis County.And that the attached is a statements regarding the true copy and was published in regular issues(and not in proposed changes.All leak viduals wishing to speak supplement form)of said newspaper as LEGAL# 114310 are encouraged to attend. RE:Ordinance 1317 Written comments may be submitted in advance of once eacl fL .j for a period of 1_‘; the hearing to: Lee Napier, 360.740.2606 or lee . n a p i e r commencing on 04/28/2020 and ending on 04/28/2020 @lewiscountywa.gov Details about the proposals and both regularly distributed to its subscribers during all of said are available online at period.That the full a i.urn i• the fee charged for the foregoing https:G9ewiscountywa.govi publication is the o 80 communitydevelopment __giltj� Hard copies are available at Lewis County Communi- ty Development, 2025 NE crtl'S a L swo to •17)r- ii- 04/28/ 120 Kresky Ave., Chehalis WA; the Timberland Regional lj� _ j Libraries iocated in Cheha- --�, lis,Centralia,Salkum. Ran- Nota i ublic in and for the State of Washin,,� tttttl lttr////,q dle, Packwood, and Win- ces' g t \ �. 'c,P�•• Es • `//ii��� SSeniornCente sd the e in Morton, Q. 2A23 Packwood. Toledo, Twin >�;���ti5 l • y Cities (Chehalis), and Win- _ 0 Z� •.. pO co•;O_ lock. _cr.—P. O • -- •(7= The meeting site is barrier .00-©,,,_r J`0 t• ?7 free. People needing spe- .dtS- Q .pe•co cial assistance or accom- . • '•� .'`.•yrJ`� modations should contact s. the Community Develop- /"/i/�rrt STA ��`�' ment Department 72 hours t11111 in advance of the meeting. Published:The Chronicle April 28,2020