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HomeMy WebLinkAbout2659 Sewer ConnectionsOrdinance No. 2659 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING ORDINANCE NO. 2648, AND AMENDING SECTION 13.22.010, GENERAL REQUIREMENTS, CHAPTER 13.22, SEWER CONNECTIONS OF THE PORT TOWNSEND MUNICIPAL CODE, TO ENSURE CONSISTENCY WITH THE COMPREHENSIVE PLAN WltE~S, the Port Townsend Comprehensive Plan was adopted on July 1, 1996, and the development regulations implementing the Plan were adopted in 1997; and WHEREAS, a discrepancy exists between the provisions of Title 13 of the Port Townsend Municipal Code (related to the allowance of on-site septic systems for single family residential development) and the Port Townsend Comprehensive Plan adopted in June of 1996; and WHEREAS, the City Council desires to correct such discrepancy; and WHEREAS, the Port Townsend Utilities Committee reviewed a proposed amendment to Title 13, and has recommended its adoption, WIt-E~S, in June of 1998, the City Council adopted Ordinance No. 2648, which amended Title 13; however, the ordinance was mistakenly put in the council packet at that time, as BCD staff had not yet completed environmental review under the State Environmental Policy Act (SEPA); and WHEREAS, the City's SEPA official has now completed SEPA review of the proposed amendment pursuant to Chapter 43.21C RCW, State Environmental Policy Act, and Chapter 19.04 PTMC, State Environmental Policy Act; and WI~EREAS, following the public hearing held on September 8, 1998, and after considering any public testimony, the City Council desires to re-adopt the changes to Title 13 previously adopted in June 1998, NOW, TItEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Ordinance 2648 is hereby repealed in its entirety. SECTION 2. Section 13.22.010, General requirements, of the Port Townsend Municipal Code is hereby amended to read as follows: 13.22.010 General requirements. All new development must connect to the city's wastewater collection and treatment system when the development is located within 520 feet of a wastewater collection line, measured from the nearest portion of the subject parcel, except for new single-family residential development occurdna on lots that are equal to or _re'eater than one acre in size. B, Except for new single,family residential development occurring on existing lots that are equal to or _m-eater than one acre in size, all new development that is subject to one or more of the following approvals must connect to the city's wastewater collection and treatment system,_ regardless of its location: a. Subdivision, short subdivision and planned unit development ~UD) approvals subject to the subdivision ordinance, Title 18 PTMC; b. Land use or building permit approvals subject to review and threshold d~t~rmination ljnder the State Environmental Policy Act implementing ordinance, Chapter 19.04 PTMC; and c. Land use or building permit approvals subject to th~ p?rmit requirements of the Environmentally Sensitive Areas ordinance, Chitpt~r 19.05 PTMC, CB. New development which is not required to connect to the city's wast~wat~r collection and treatment system under subsections A and B above, or because a waiver has been _re'anted, may install an Mamged individual or group on-site septic systems m'e-atk)w~,~u,~'-- ii~;,v d~¥~lopiii~ii~ ---'-:-' ......... '- ...... : .......... ~' ---'- .... '~-'- '"""'" -~'~'~: .... :-- vid d that the following conditions are met: 1. The soil conditions and parcel size will support the use of an on-site septic system until connection to the city's sewer system; 2, The system is designed to be efficiently converted to the city's sewer system; 3. The developer enters into a no-protest agreement with the city (i.e., requiting connection to the city's sewer system within two year(s) of when a sewer main is within 260 feet of the property line, and/or participation in a local improvement district ("LID") which may include installation of sewer mains, interceptors, pump stations and/or latecomer agreement paybacks), filed on record title, as a condition of any building or development permit; and 2 Ord. 2659 4. The septic system is approved by the Jefferson County environmental health department. IL)t3. Any Eexisting development lmmets containing an on-site septic system m'e~tequired~ must connect to the city's sewer system by July 2002 if the nearest portion of the parcel is within 260 feet of a sewer main. I~t9. After July 2002, ~ existing development containing an On-site septic system will be required to connect to the city's sewer system ~ within two y0ars of the time a sewer main is ~ extended to within 260 feet ':. -, oii¢ __.L_ ~, _ _, .......... J _, ...... ~ from ~'the nearest portion of the subject parcel "-- -~'-'- ~' ' - ....~'-- ~t~. Notwithstanding subsections E D and B I~ of this section, if an on-site septic system fails connection is required unless the nearest portion of the subject parcel is greater than 500 520 feet from the nearest sewer main, in which case the septic system may be repaired to serve the subject property. (Ord. 2659 § 2, 1998; Ord. 2648 § 1, 1998; Ord. 2579 § 1, 1997). SECTION 3. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. This ordinance shall take effect and be in force five days aRer the date of its publication in the manner provided by law. Read for the first, second, and third times and adopted by the City Council of the City of Port Townsend, Washington, at a regUlar meeting thereof, held this 8th day of September, 1998. Attest: 09/09/98 Ord{ 1322010.doc} Ord-2659.doc Juli~Culloch, Mayor Approved as to Form: %cM~an, City Attorney Ord. 2659