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HomeMy WebLinkAbout2022-020 - Ord. Amending Mason County Code Title 6 Chapter 6.32 - Preliminary Platting Standards ORDINANCE NO. 10-1-020 AN ORDINANCE AMENDING MASON COUNTY CODE TITLE 6, CHAPTER 6.32 PRELIMINARY PLATTING STANDARDS WHEREAS, Mason County Code Title 16 — Plats and Subdivisions Chapter 16.32 — Health Standards requires plats to comply with current Environmental Health requirements. WHEREAS, Mason County Code Title 6 — Sanitary Code Chapter 6.32 — Preliminary Platting Standards were last amended in 1980 via Resolution 1162 and does not currently conform to state code requirements and/or existing county permit processes. WHEREAS, RCW 70.05.060 directs the local board of health to enact local rules and regulations as are necessary to preserve, promote, and improve public health and provide for the enforcement thereof. WHEREAS, Mason County Board of Health reviewed and approved the proposed amendments on January 25', 2022 and movement to hearing with the Board of County Commissioners. WHEREAS, A public hearing was held on March 15", 2022, in accordance with Mason County Code 6.04.060. NOW,THEREFORE, BE IT ORDAINED,that the Board of Mason County Commissioners hereby amends Chapter 6.32 of the Mason County Code, "Preliminary Platting Standards"to read as set forth on Exhibit 1, attached hereto and incorporated by reference, with an effective date of April 1st, 2022. DATED this day of 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Sm , Cler c of the Board Kevin Shutty, Ch r APPROVED AS TO FORM: Sharo. Trask, Commissioner hi Chief Deputy Prosecuting Attorney _/,' Rapdy, Neat4riin, Commissioner EXHIBIT 1 Chapter 6.32 PLAT AND SUBDIVISION HEALTH STANDARDS 6.32.010 Purpose. The purpose of this chapter is to: (a) Complement the Mason County platting ordinance and Title 16—Plats and Subdivisions; (b) Provide standards by which the county health officer can evaluate preliminary plats,final plats,Short Plats, Large Lot Subdivisions and any other subdivision applications; (c) Comply with 246-272A WAC,246-290 WAC,246-291 WAC,and applicable Title 6 chapters related to drinking water and sewage disposal;and (d) Protect the public health. (Res. 1162(part), 1980:Art.Vill(part)of Res.dated July, 1970 and amended November 5, 1970). 6.32.020 Definitions. The definitions outlined in 246-272A WAC,246-290 WAC,246-291 WAC,Chapter 6.76—On-Site Sewage Regulations,and Chapter 16.08—Plats and Subdivisions are hereby adopted and incorporated by reference. In addition,the following definitions shall also apply. (a) 'Board"shall mean the Mason County Board of Health (b) "Department"shall mean the Mason County Community Services, Public Health division. (c) "Director shall mean the Mason County Community Services Director. (d) "Health Officer"shall mean the Mason County Health Officer or a member of the department authorized by and under the direct supervision of the Mason County Health Officer. (Res. 1162(part), 1980:Art.VIII § 1 of Res.dated July, 1970 and amended November 5, 1970). 6.32.030 General Requirements. (a) WAC 246-272A-0320"Developments,subdivisions, and minimum land area requirements"are adopted and incorporated by reference to subdivision applications proposing the use of an Onsite Sewage System. (b) An application for Environmental Health review of Land Use shall be submitted upon application using the form prescribed by the health officer. (c) Permit or review fees shall be charged according to the Mason County Environmental Health Fee Schedule. (d) Preliminary Plat,Short Plats, Large Lot Subdivisions,or other division of land (1) A topographical map showing contours as specified by the health officer but shall be at least five-foot contours to be extended at least one hundred feet beyond the boundaries of the proposed subdivision unless specifically waived by the health officer or director. Mason County,Washington,Code of Ordinances Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 1 of 4 (2) A minimum of one representative soil log and percolation test per acre or tract larger than one acre shall be submitted. If a sufficient amount of information is not available on water table conditions,the health officer can require a winter observation be completed during the months of suspected high water table conditions. All test holes shall be made available for the health officer's inspection and constructed according to the Mason County On-Site Standards. (3) All surface water and drinking water wells and springs located in or within one hundred feet of the subdivision shall be shown. (4) Where existing On-Site Sewage Systems exist within project boundaries; (A) All On-Site Sewage System components shall be located according to respective record drawings and county records. (B) When no record drawings exist, proof of component locations may be required by the health officer or director. (C) Proof of adequate reserve area(s)as required in 246-272A WAC (D) Proof of satisfactory maintenance requirements as outlined in 246-272A WAC and Chapter 6.76— On-Site Sewage Regulations. (E) An easement or covenant may be required if existing sewage components are severed or separated by any proposed lot lines to ensure future operation and maintenance of said components according to 246-272A WAC. (5) When a Community Drainfield, as defined in Chapter 6.76—Onsite Sewage Regulations, is proposed; the system shall be completed prior to recording of the subdivision or a performance bond or moneys on deposit shall be required in the same manner as required for water systems in subsections(d)and (e)of Section 6.32.060 except the estimates shall be submitted by a licensed professional engineer, licensed designer,or registered sanitarian. (6) When service by a Public Sewer System is proposed,a completed sewer adequacy form signed by the system manager shall be provided, prior to plat approval and filing, as evidence that sewer disposal is available to each lot proposed. (e) Final Plat. (1) Evidence shall be submitted that all requirements of preliminary plat approval have been met. (Res. 1162(part), 1980:Art.VIII of Res.dated July, 1970 and amended November 5, 1970). 6.32.040 Retired. 6.32.050 Minimum Lot Size. Minimum lot size requirements shall conform to 246-272A-0320 WAC utilizing method one or method two as outlined in state code. (Res. 1162(part), 1980:Art.VIII §4 of Res.dated July, 1970 and amended November 5, 1970). Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 2 of 4 6.32.060 Public water supply. This section applies to proposed plats or short plats that require public water supplies as determined in 246- 272A-0320 WAC. (a) All public water supply systems shall comply with 246-290 WAC and 246-291 WAC. (b) All potable water sources shall be developed,tested for quality and quantity,and available to the plat or short plat prior to the approval and filing of the plat or short plat. (c) All public water supply systems shall be installed or bonded for completion prior to the approval and filing of the plat or short plat. (d) A performance bond shall be provided in favor of the county health department as an alternate to complete installation of a public water supply prior to approval and filing of the final plat or issue of the site approval for short plat.Any such bond shall guarantee that construction will be completed within one year of final plat approval.The bond shall be from a reputable bonding company,on a satisfactory form and in an amount based on an estimate prepared by a licensed professional engineer for class 1, 2, and 3 water systems and by the installer for class 4 water systems plus thirty-five percent.All of the above shall be to the satisfaction of the department of Social and Health Services,the health officer and legal counsel for the health department.As a condition precedent to acceptance of a bond,the water source shall be provided, proven and approved;the water source shall also be tested bacteriologically and chemically. (e) Preliminary to bonding an itemized list of materials shall be submitted with the water system plans to the Department of Social and Health Services or local health department, as appropriate. (f) Moneys on deposit for completion of the water system may be provided in lieu of a bond if confirmed in writing by a reputable financing firm to the satisfaction of the health officer and legal counsel for the health department. (g) Completion of the water system(including availability of water to each lot)shall be provided within one year after final recording of the plat. (Res. 1162(part), 1980:Art.VIII §5 of Res. dated July, 1970 and amended November 5, 1980). 6.32.070 Individual sources. This section applies to proposed plats or short plats that allow an individual water source or well as determined by 246-272A-0320 WAC. a) Each individual lot must designate on the final recorded document the general location of each water source or well and a one hundred-foot radius water supply protection zone. b) Configuration of each lot shall allow a one hundred-foot radius water supply protection zone to fit within the lot lines;or establishment of a one hundred-foot protection zone around each existing and proposed well site per 246-272A-320 WAC. (Res. 1162(part), 1980:Art.VIII §6 of Res. dated July, 1980 and amended November 5, 1980). 6.32.080 Waivers. (a) Review for subdivisions served by existing sewage systems and water systems may be waived by the health officer. Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 3 of 4 (b) Whenever a strict interpretation of these regulations would result in extreme hardship,the health officer may waive such regulation or portion thereof; provided,that the waiver is consistent with the intent of these regulations and that no public health hazard will result. Regulations adopted in compliance with 246-272A WAC will also require the concurrence of the Washington State Department of Health. (c) A review fee shall be required according to the Mason County Environmental Health Fee Schedule. (Res. 1162(part), 1980:Art.VIII §7 of Res.dated July, 1970 and amended November 5, 1970). 6.32.090 Appeals. (a) Decisions of the director may be appealed to the health officer. Appeals must be made in writing to the director within ten working days of the decision which is being disputed. A hearing date shall be scheduled with the health officer to be held within thirty days of said decision being appealed. (b) Determinations of the health officer may be appealed to the hearings examiner. Appeals must be made in writing to the director within ten working days of the decision which is being disputed. A hearing date shall be scheduled with the hearings examiner to be held within thirty days of said decision being appealed. (c) Departmental orders and determinations shall be stayed for the period the appeal is pending, provided no public health hazard results from said stay. Created: 2021-10-20 09:04:4e [EST] (Supp. No.57,11-21,Update 1) Page 4 of 4