The purpose of this chapter is to provide clarity to which zoning designation and development standards are applied during the transitional period of providing sewer facilities to the Irondale and Port Hadlock urban growth area (PHUGA). Sewer service availability is the determinative factor of whether urban development standards or transitional rural development standards will apply. [Ord. 9-24 § 3 (App. A (Exh. 1)); Ord. 9-09 § 2 (Exh. B)]

(1) Effective as of March 23, 2009, the effective date of Ordinance No. 03-0323-09, Jefferson County shall apply transitional rural zoning in the Irondale and Port Hadlock urban growth area for parcels that do not yet have sewer available. The transitional rural zoning is depicted on the map Irondale and Port Hadlock UGA Transitional Rural Zoning, found in the UGA Element, Exhibit 1-21, Jefferson County Comprehensive Plan (2018).

(2) Jefferson County maintains a geographic information systems (GIS) database, which is updated periodically. Official maps are updated by the department of community development and filed with the Jefferson County auditor’s office, as required by JCC 18.05.100. No later than 30 days after the department of community development files any update of the official maps with the Jefferson County auditor’s office, the director shall cause the official maps to be updated in the GIS database.

(3) The allowable uses are specified in Chapter 18.15 JCC and JCC 18.15.040, Table 3-1 or in JCC 18.18.040, Table 3A-1. [Ord. 9-24 § 3 (App. A (Exh. 1)); Ord. 9-09 § 2 (Exh. B)]

(1) If the proposed use or major modification is located within the Irondale and Port Hadlock urban growth area where sewers are not available as described in JCC Title 13, then transitional rural development standards in this chapter apply. For any new development or redevelopment where sewers are not available as described in JCC Title 13, the property owner shall install an on-site septic system consistent with the requirements of Chapter 8.15 JCC. For systems within critical aquifer recharge areas, as identified in Article III of Chapter 18.22 JCC, the property owner shall satisfy all of the requirements of JCC 18.30.180, On-site sewage disposal best management practices in critical aquifer recharge areas.

(2) Conditions to Interim On-Site Septic Systems and Connection to Future Sewer Service. If an on-site sewage system is proposed for placement in the Irondale and Port Hadlock urban growth area for interim use prior to sewer availability, the property owner shall sign an agreement with the operator of the Port Hadlock UGA sewer utility (see JCC 13.01.070) agreeing that the property shall be connected to the PHUGA sewer system within one year of sewer availability as described in JCC 13.04.010 and 18.18.060(4)(a). Concurrently with the connection of the property to the PHUGA sewer system, but no later than 90 days after connection of the property to the PHUGA sewer system, the on-site sewage system shall be decommissioned in accordance with WAC 246-272A-0300.

(3) The agreement shall be recorded with the Jefferson County auditor’s office.

(4) No Protest Agreement. In addition, as a condition of development approval and for all property owned by the same owner in a local improvement district (LID), the owner shall sign an agreement not to protest a future LID or other pro rata sharing of costs to construct and extend public sewer to the property within the next 20 years, as part of the urban level of service phasing plan in the capital facilities plan for the PHUGA.

(5) Interpretations. Within this section, “new development” and “major modification” means any development that requires wastewater/sanitary sewer provisions which cannot be met with an existing system. [Ord. 9-24 § 3 (App. A (Exh. 1)); Ord. 9-09 § 2 (Exh. B)]

For rural development allowed in this chapter, development shall be consistent with the following Uniform Development Code chapters:

[Ord. 9-24 § 3 (App. A (Exh. 1)); Ord. 9-20 § 2 (Appx. B); Ord. 9-09 § 2 (Exh. B)]

(1) Mini-storage facilities shall not be allowed in rural commercial areas within UGA planning area, except as allowed below. Mini-storage facilities are not allowed in order to prevent land uses in those rural commercial areas which are, by their nature, inconsistent with the goals of the future UGA that are to promote employment, affordable housing, retail choices, better water management, public health, and environmental protection that are made possible by developing urban sewer service. For the purposes of this chapter, Table 3-1, JCC 18.15.040, allowable and prohibited uses for mini-storage facilities shall be as follows, to show that whereas they may be allowed in other similarly designated rural commercial areas in the county, mini-storage facilities are not allowed in the rural commercial areas found within the planning area for the Irondale and Hadlock UGA:

(2) Exception. Expansion of existing mini-storage facilities may be allowed if:

(a) They are consistent with the requirements of this title including Table 3-1 found at JCC 18.15.040.

(b) Mini-storage infill may only be allowed on parcels that contain the existing mini-storage.

(c) Boundary line adjustments are not allowed to increase the size of the existing parcel to accommodate expansions of mini-storage proposals.

(d) This exception applies only to lands containing existing mini-storage as they exist on the effective date of this control. [Ord. 9-24 § 3 (App. A (Exh. 1)); Ord. 9-09 § 2 (Exh. B)]

(1) Prior to availability of the Port Hadlock urban growth area sewer system (“PHUGA sewer system”), the director may, in their sole discretion, accept any application for processing under JCC Title 15 or this title in which the applicant desires connection to or anticipates a requirement to connect to the PHUGA sewer system, under the following circumstances:

(a) The director of public works confirms that the applicant’s proposal will be eligible for connection, or will be required to connect, to the PHUGA sewer system when the sewer becomes operational;

(b) The applicant’s project is consistent with the urban growth area planning designation for the Port Hadlock UGA contained in the Comprehensive Plan and implementing development regulations in Chapter 18.18 JCC, which will be in effect when the sewer system is operational and available to the property; and

(c) The applicant agrees to assume the risk of starting project permitting prior to the date at which the PHUGA sewer system is fully operational and available to applicant’s property, and agrees to a tolling of the time periods otherwise required by this title that may be exceeded as a result of the following possible delays:

(i) The time necessary to complete installation of the sewer system connection to the applicant’s property; and

(ii) The time necessary for the sewer system to be declared operational.

(2) Authorization to submit a development application shall be conditioned on the following requirements:

(a) The applicant signs an acknowledgement that:

(i) Installation of the sewer system in the Port Hadlock UGA is a major public works project for which schedule delays are foreseeable, despite best efforts;

(ii) Commencement of construction will not be granted for any project reviewed pursuant to this section until the director of the department of public works provides an authorization stating that the county has executed a contract for construction of the pressure sewer to the applicant’s property and providing a projected timeline for completion of the sewer connection; and

(iii) A certificate of occupancy will not be issued for any project reviewed pursuant to this section until the sewer connection to the applicant’s property is completed and the PHUGA sewer system is declared operational by the department of public works;

(b) The applicant signs a document containing the following provisions:

(i) An agreement of assumption of risk and waiver of any damages resulting from a delay in commencement of construction or receipt of a certificate of occupancy as required by subsection (2)(a) of this section; and

(ii) An agreement any time period set in this title, including but not limited to the 120-day time period and JCC 18.40.300, will be tolled during the following possible delays:

(A) The time necessary to complete installation of the sewer system connection to the applicant’s property; and

(B) The time necessary for the sewer system to be declared operational.

(3) No application submitted pursuant to this section will vest pursuant to JCC 18.40.320, if vesting is authorized by state law to that type of application, until the development regulations contained in Chapter 18.18 JCC are in effect on the land and a fully complete application is on file with DCD. [Ord. 9-24 § 3 (App. A (Exh. 1)); Ord. 11-23 § 8 (Att. A)]

Note: When sewer service is available, refer to Chapter 18.18 JCC. Effective as of the date of adoption of Ordinance No. 03-0323-09, March 23, 2009, Jefferson County will apply urban standards to parcels where sewer is available. The applicable map for Irondale and Port Hadlock UGA Zoning is found in the UGA Element, Exhibit 1-22, Jefferson County Comprehensive Plan (2018) and the applicable density standards and development requirements when sewer is available are found in Chapter 18.18 JCC.