40.370.010 Sewerage Regulations
A. Purpose.
The purpose of this section is to further the public health by providing clear rules for when connection to public sewer is required or prohibited. Nothing in this section shall be construed to permit violation of regulations for on-site sewage disposal systems promulgated by the Washington Department of Health or local governments.
(Amended: Ord. 2020-03-08)
B. Definitions.
1. “Public sewer” means extension of a public sewer system operated by a public entity or, where such extension is impractical, connection to an alternative public sewer system operated by the designated public sewer purveyor.
2. “UGA” means an urban growth area designated in the comprehensive plan.
(Amended: Ord. 2020-03-08)
C. New Structures within UGA and Rural Centers Served by Public Sewer – Public Sewer Connection Required – Exceptions.
Inside UGAs and rural centers served by public sewer, connection to public sewer is required as a condition of building permit issuance for any new structure which has the potential to increase sewage effluent, or additions to existing structures which have the potential to increase sewage effluent, unless the responsible official determines, using a Type I review process, that the new structure or addition is for single-family detached residential use, or a nonresidential use for which an on-site sewage disposal system can be approved by the Clark County Health Department and:
1. Such use does not generate hazardous/dangerous waste, as defined by applicable federal, state or local law; and
2. Extension of public sewer is impractical based upon the following criteria:
a. Public sewer would have to be extended more than three hundred (300) feet to the property line; or
b. Necessary permission cannot be obtained from intervening landowner(s); or
c. Intervening property contains natural or manmade obstructions, such as deep canyons, elevation changes, and solid rock impediments, which make public sewer extension prohibitively expensive or undesirable; and
3. A covenant to the county is recorded which commits the current and future property owner(s) to connect to public sewer within twelve (12) months of sewer becoming available. The covenant shall also contain a provision that commits the current and future property owner(s) to participate in a future local improvement district if this is the method used to extend sewer.
(Amended: Ord. 2008-06-02; Ord. 2011-08-08; Ord. 2012-07-03; Ord. 2020-03-08)
D. Land Divisions within UGA – Public Sewer Connection Required – Exceptions.
Inside UGAs, connection to public sewers is required as a condition of approval of new land divisions, whether by plat, short plat or site plan application, unless the following exception applies:
1. A two (2) lot land division where one (1) of the lots is, or will be, developed in a use that generates no sewage effluent. Any plat approved under this exception shall record a covenant prohibiting the installation of plumbing fixtures for any use on the designated lot unless the lot connects to sewer.
2. Short plats approved under Section 40.200.050(B).
(Amended: Ord. 2008-06-02; Ord. 2020-03-08)
E. Public Sewer Connection Prohibited Outside UGAs – Exceptions.
For proposed structures or other developments outside of a UGA, connection to public sewer is prohibited except as follows:
1. In response to documented health hazards; or
2. To provide public sewer to regional park facilities; or
3. Pursuant to RCW 36.70A.213, to provide public sewer to a school and any associated recreational facilities in a rural area that serves students from a rural and urban area; provided the school district, the county, the public sewer provider and any affected cities determine that the proposed site is suitable and the school and any associated recreational facilities cannot reasonably be collocated on an existing school site; or
4. Upon a request for service to the public sewer provider, an intervening property pursuant to Section 40.370.010(E)(3) may be served by public sewer if, pursuant to RCW 36.70A.213(3) and Section 40.370.010(C)(2)(a), the property is within three hundred (300) feet of a sewer extension to serve a school; and provided the school district, the county, the public sewer provider and any affected cities agree to the request.
(Amended: Ord. 2008-06-02; Ord. 2020-03-08)
F. Period of Validity.
A Type I decision under this section shall be valid for a period of one (1) year if not associated with any other action. When such a decision is made in conjunction with another application (e.g., short plat, plat or site plan), the decision shall be valid for the same period as the decision on the related application.
(Amended: Ord. 2020-03-08)