HomeMy WebLinkAbout45-08 - Ord. Amending County Code 17.03 Development RegulationsORDINANCE NUMBER 4108
AN ORDINANCE AMENDING TITLE 17, CHAPTERS 17.03, SECTIONS 17.03.030 &
17.03.031 OF THE MASON COUNTY CODE AND SECTIONS 1.03.030 81.03.031 OF
THE MASON COUNTY DEVELOPMENT REGULATIONS FOR ON -SITE DISPOSAL
REQUIREMENTS FOR THE BELFAIR AND ALLYN URBAN GROWTH AREAS
AN ORDINANCE amending Title 17 (Zoning), Chapter 17.03, Sections 17.03.030 & 17.03.031
of the Mason County Code and Sections 1.03.030 & 1.03.031 of the Mason County
Development Regulations, under the authority of Chapter 36.70 and 36.70A RCW.
WHEREAS, in an Order by the Western Washington Growth Management Hearings Board
dated November 14, 2007, the Board found the County continued to be non -compliant with the
Growth Management Act (GMA) due to insufficient regulatory control over the continued
development of on -site sewage disposal systems and the lack of a plan to finance and install
sewer in the entire Belfair UGA; and
WHEREAS, the County adopted Ordinance 30-08 on March 11, 2008 in an effort to address the
issues in the Hearings Board's Order; and
WHEREAS, upon further staff review, Ordinance 30-08 failed to provide sufficient guidance with
respect to on -site systems on existing County lots; and
WHEREAS, revisions to Ordinance 30-08 to specifically address on -sites systems on existing
lots have been made and attached hereto as Attachment "A"; and
WHEREAS, these additional revisions to the Mason County Code and the Mason County
Development Regulations will ensure the orderly and timely development of the Belfair and
Allyn Urban Growth Areas.
NOW THEREFORE, BE IT HEREBY ORDAINED, that the Board of Commissioners of Mason
County hereby amends Title 17 (Zoning), Chapter 17.03, Sections 17.03.030 and 17.03.031 of
the Mason County Code and Sections 1.03.030 and 1.03.031 of the Mason County
Development Regulations (as attached).
DATED this a idaY April A ril 2008.
Board of Commissioners
Mason County, Washington
ATTEST:
Oara
Rebec a S Rogers, Clerk of the
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
MS�`i f
Tim heldon, Chair
ng Erick 6n, Commissioner
'tLe
_aQ C7,
oss Gal agher, ommissioner
Mason County Code Sections 17.03.030 & 17.03.031
(Mason County Development Regulations Sections 1.03.030 & 1.03.031)
17.03.030 (1.03.030) Development Requirements and Performance Standards
The following development requirements and performance standards apply to all property
proposed for development, which is within the boundary of Mason County's Urban Growth
Areas (UGA) No development approval shall be given, and no building permit shall be
issued unless the proposed development complies with the provisions of this Chapter.
A. New Lots
1. No new Tots will be created within the boundaries of the Belfair and Allyn Urban Growth
Area (UGA), which employ individual or community/group on -site sewage disposal
systems.
2. All residential subdivisions created after the adoption of this chapter, shall have a
residential urban density of at least four units/acre.
3. Location of sewer lines will be pre -located and easements established in conformance
with the Sewer Analysis Plan and as illustrated on the Belfair UGA Build -Out Sewer
Connection Map.
B Existing Lots of Record
1. No application for a new or expanded individual or community/group on -site septic
system shall be accepted for property within the Belfair UGA after April 8, 2008,
except:
(a) Applications for temporary holding tanks for commercial or industrial use may be
accepted. For the purposes of the ordinance, temporary holding tanks are not
considered an on site septic system" and;
(b) Applications for Individual on -site septic systems as provided in section
17.03.031 (1.03.031) below may be accepted.
2. No new development or redevelopment on existing lots of record in the Belfair UGA
shall be allowed using individual or community/group on -site septic systems except
that
(a) New development or redevelopment using an existing (as of 4-8-08), approved
on -site or community/group system may be allowed provided that no expansion
of the capacity of on -site system is needed to serve the redevelopment and
provided that the public sewer system has not been extended to within 500 feet
of the property line, and
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(b) The installation of approved temporary holding tanks for commercial and industrial
uses as provided for elsewhere in this section.
1. All residential, industrial and commercial development, currently using on -site
disposal systems, will be required to connect to public sewers once a public
system is extended to within 500 feet of the closest property line regardless of
the timing of the original on -site installation The cost of any extension required
will be borne by the property owners The developer of an extension may collect
latecomer's fees for off site improvements.
2. All existing permits for the installation of on -site systems, which have been
approved but have not been installed, shall be declared void at such time the
sewer is within 500 feet of the closest property line.
C. Existing Lot Consolidation or Boundary Adjustment
Within the Belfair and Allyn UGA, consolidation of existing residential lots to form a single
lot greater than 8,000 sq. ft, will not be allowed except to the extent that site conditions and
site constraints impede the individual development of the lots combined by the
consolidation, in accordance with Section B above.
17.03.031 (1.03.031) Binding Site Plan Required in the Belfair UGA (Newkirk Road
Connection — Long Term UGA Zone)
A. Within the Newkirk Road Connection — Long Term UGA Zone development may
be allowed with the use of an on -site system when:
1. Complies with the applicable health regulations and other Mason County
building regulations e.g. critical areas, storm water management etc.
2. A binding site plan is submitted which provides for future sewer pipelines and
other utilities in accordance with the Belfair UGA Build -Out Sewer Connection
Map.
3 Demonstrates that development at the minimum density allowed within the
zone could be achieved once public sewer and/or water would be available to
serve the project site.
4. The development density does not exceed 1 unit/5 ac.
B. The binding site plan prepared under this section and reviewed and approved by
the Director shall address the following buffers, landscaping, traffic access and
parking standards, sewage disposal provisions, height and scale in relation to
surrounding uses and future uses, vegetation removal, storm water, potable
water, and lot coverage.
Development of the site shall be consistent with the approved site plan. The
Director may allow minor modification to the site plan, provided that all other
regulations and conditions placed on the approval are met.
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