Chapter 19.25 SEWER AND WATER

Chapter 19.25
SEWER AND WATER

Sections:

19.25.010 Legislative Intent.

19.25.020 Sewer and Water Connection Required.

19.25.030 Availability.

19.25.040 Satellite Utility Systems and Individual Systems.

19.25.045 Site Improvements in Urban Growth Areas.

19.25.050 Utility Easements and Installation.

19.25.060 Water Users Association and Satellite Management Agency (SMA).

19.25.070 Municipal Public Sewer Connection Prohibited Outside UGAs – Exceptions.

19.25.080 Well Setbacks from Landfills.

19.25.010 Legislative Intent.

This Chapter is intended to:

(1) Further the public health, safety and welfare by providing clear rules for when and how connection to public sewer and water is required or prohibited;

(2) Ensure that all required sewer and water connections and improvements are consistent with, and implement applicable goals and policies of, the Comprehensive Plan and this Chapter;

(3) Require development inside Urban Growth Areas to connect to available regional sewer and area-wide public water supply systems, and provide for full future extension of such services where they are presently unavailable to serve such development, in order to efficiently convert the land to urban uses within the 20 year planning period;

(4) Provide for expansion of existing regional sewer and area-wide water supply systems as a cost-effective means for infrastructure development;

(5) Prioritize use of community on-site sewage disposal systems, as defined in Section 19.01.070, when service from a regional sewer system is not available within Urban Growth Areas or the service area of a County sewer system or sewer district;

(6) Prioritize use of public water supplies from existing satellite utility systems and facilitate their use in all areas when service from an area-wide public water supply system is not available;

(7) Provide a framework for the future location of facilities to assist developers and property owners in design of their projects;

(8) Provide consumer protection for future third party purchasers of developed properties by requiring applicants to invest in site improvements such as dry-line sewer and double plumbing dry side sewer connections to reduce costs of connecting to regional sewer systems when they become available;

(9) Minimize the cost of such improvements to the taxpayers of this County and State; and

(10) Provide specific standards consistent with RCW 58.17.110 and 19.27.097 that will ensure that an adequate source of potable water will be provided prior to development approval.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.25.020 Sewer and Water Connection Required.

Development shall be served by sewer and water systems under this Section.

(1) New Structures.

(a) The construction or placement of a structure requiring sewage disposal and/or potable water shall connect to a regional sewer system and area-wide public water supply system, except as specified in this Subsection.

(b) In the following cases, the construction or placement of a structure requiring sewage disposal and/or potable water shall provide an alternative sewer or water system under Section 19.25.040 when:

(i) The new structure is an alteration, expansion or replacement of an existing structure that the Yakima Health District determines will not result in increased sewage effluent production, or that will not exceed the capacity of an existing Yakima Health District approved on-site sewage disposal system;

(ii) The extension of a regional and/or area-wide system is not “available” as defined in Section 19.25.030;

(iii) The applicant provides documentation from the service provider demonstrating that intervening property contains natural or manmade obstructions, such as deep canyons, elevation changes, or solid rock impediments, which make regional sewer and/or area-wide public water extension impractical; or

(iv) The Yakima Health District or service provider has determined that the costs of constructing a connection to the regional and/or area-wide system on a value per unit basis, exclusive of connection fees, is more than two times the estimated costs of improvements that would be required under Section 19.25.040.

(2) Divisions of Land.

(a) Divisions of land creating one or more vacant lots shall be required to connect to a regional sewer system and an area-wide public water supply system, as determined by the availability criteria in Section 19.25.030. If either utility system is not “available,” as defined by Section 19.25.030, development of the vacant lots shall provide an alternative system under Section 19.25.040. Alternative water systems must meet the fire flow requirements of YCC Title 13 and Table 19.25-1 note (7) unless the Yakima County Fire Marshal approves structural sprinkling systems as an alternative to fire flow requirements.

(b) Divisions of land creating a new lot around a legally existing structure that requires sewage disposal and potable water supply, but is not connected to both a regional sewer system and an area-wide public water supply system, are subject to the following requirements:

(i) Within Urban Growth Areas, if the structure is served by an on-site sewage system, and the Yakima Health District determines the existing system(s) are operating properly, a covenant or plat note shall be recorded by the property owner to commit the current and future property owner(s) to connect to an available regional sewer system upon failure of the existing on-site sewage disposal system and when the Yakima Health District has determined a replacement system is not feasible.

(ii) Within Urban Growth Areas, RS and cluster developments of more than one lot the existing individual water supply system shall be evaluated by the Yakima Health District to determine whether the system can be converted to a public water system for the development.

(iii) Utility easements shall be dedicated on the final plat or in a separate instrument as part of final approval of a boundary line adjustment, as set forth in Subsection 19.25.050(1) for future sewer connections in Urban Growth Areas and RS districts, and for public water supply connections in all zoning districts.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 8-2015 § 2 (Exh. 4) (part), 2015; Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.25.030 Availability.

(1) Sewer. For the purposes of this Chapter, a regional sewer system is “available” when the subject property is located within an Urban Growth Area, or a municipal service provider or special purpose district’s service area and meets one or more of the following:

(a) A regional sewer system line or any satellite utility system with sufficient capacity is located within any point 200 feet or less from its boundaries, measured along the shortest route determined by the utility provider and the utility provider has determined that the system is capable of serving the proposed development;

(b) A regional sewer system line is located a distance greater than 200 feet from the boundaries of the property concerned, but the Yakima Health District or the State Department of Health has determined that the anticipated quantity of sewage flow from the proposed development exceeds the site’s ability for treatment or dispersal using an on-site sewage system, as set forth in Subsection 19.25.040(1);

(d) Yakima Health District regulations require the applicant to connect to a regional system.

(2) Water. For the purposes of this Chapter, an area-wide public water supply system or a Group A or B water system is “available” when:

(a) A public water system is located within any point 200 feet or less from the boundaries of the subject property, measured along the shortest route of the proposed distribution line between the boundary and the public water system, the system’s design is sufficient to serve some or all of the development, and the purveyor agrees to provide service;

(b) The Yakima Health District, Yakima County Utilities Division or State Department of Health requires the development to connect to the system regardless of distance; or

(3) Cost of Connection to either Sewer or Water. A regional sewer system or area-wide public water system is not “available” if the Yakima Health District or service provider has determined that the costs of constructing a connection to the regional and/or area-wide system on a value per unit basis, exclusive of connection fees, is more than two times the estimated costs of improvements that would be required under Section 19.25.040, and the service provider does not require the connection as provided in Subsections 19.25.030(1) and (2) above.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.25.040 Satellite Utility Systems and Individual Systems.

If regional sewer and/or area-wide public water service is not “available” to serve a proposed project the following satellite utility or individual systems may be used, provided that they meet the requirements of this Section and have been approved by the agency with jurisdiction. The systems authorized for such projects are listed in order of priority, as provided in Subsections (1) and (2) below and Tables 19.25-1 and 19.25-2:

(1) Sewage Disposal Systems.

(a) Large On-Site Sewage System (LOSS). Projects requiring the use of a LOSS must meet the State Department of Health requirements (WAC 246-272B).

(b) Community On-Site Sewage Disposal System. A community on-site sewage disposal system shall be approved by the State Department of Health or Yakima Health District. The system shall be entirely within the boundaries of the proposed development or on land controlled by the system ownership and its rate structure shall include, commencing with the first payment, establishment of a fund to be reserved by the system owner for payment of the expected connection fee to the regional sewer system after a defined period.

(c) Individual On-Site Sewage Disposal System. An individual on-site storage disposal system shall be approved by the Yakima Health District. Each individual system shall be entirely contained on the same lot as the proposed dwelling that it is intended to serve or on another parcel on which the lot owner possesses an easement interest for that purpose.

(2) Water Systems. RCW 58.17.110 requires applicants for land divisions provide documentation of adequate potable water supplies to the Reviewing Official prior to final development approval. RCW 19.27.097 requires each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. In Urban Growth Areas, the public water systems required under this Title shall be sited and designed to become incorporated into, and be accepted by, the associated area-wide public water supply system designated for that portion of the Urban Growth Area.

(a) Existing Water Systems.

(i) Group A Public Water System. Connection to an existing Group A public water system, as defined in Section 19.01.070, is required when:

(A) An existing Group A system is “available” to provide an adequate source of potable water for the proposed development; or

(B) The proposal is located adjacent to an existing Group A system and the developer provides written verification from the owner, water users association or the satellite management agency (SMA) of the adjacent existing Group A system approving connection to the existing system.

(ii) Group B Public Water System. Connection to an existing Group B public water system, as defined in Section 19.01.070, is required when:

(A) The subject site is within an existing Group B system’s service area and the system has been designed with express intent of providing water to the subject property; or

(B) The proposal is located adjacent to an existing Group B system and the developer provides written verification approving a connection to the existing system from the owner, water users association or satellite management agency (SMA) of the adjacent existing Group B system.

(iii) Availability Criteria. Yakima County will consider an adequate source of potable water to be “available” at the time of a development when the applicant provides documentation showing that the existing Group A or B water system for the proposed development has been approved by the appropriate agency with jurisdiction.

(b) New Water Systems.

(i) New Group A Public Water System. A new Group A public water system, as defined in Section 19.01.070, is required where State Department of Health regulations require a Group A system and no existing Group A system is “available” to serve the development, as defined in Section 19.25.030; provided, that:

(A) The applicant shall dedicate the new Group A system to a state-approved satellite management agency (SMA), as set forth in Section 19.25.060. The Group A public water system shall include the well, reservoir and treatment system, meter, distribution system and the land upon which they are located or upon land controlled by the SMA shall have control. Utility easements shall be granted for the distribution system as required by Section 19.25.050; and

(B) The applicant has demonstrated that a new Group A water system will provide an adequate source of potable water for the proposed development.

(ii) New Group B Public Water System. A new Group B public water system, as defined in Section 19.01.070, is required where no existing Group A or B system is available to serve the development, as defined in Section 19.25.030; provided, that:

(A) The applicant shall dedicate the new Group B system owned and operated by a water users association or a state-approved satellite management agency (SMA), as set forth in Section 19.25.060 and Table 19.25.-1. The Group B public water system shall include the well, reservoir and treatment system, meter, distribution system and the land upon which they are located, or upon land controlled by a water users association or SMA. Utility easements for the distribution system shall be granted as required by Section 19.25.050; and

(B) The applicant has demonstrated that the new Group B system will provide an adequate source of potable water for the proposed development.

(c) Two-Party Shared Public Water System. A two-party shared public water system is required when only two dwellings, lots or connections will be served and no existing Group A or B system is available prior to final approval.

(i) When Allowed. In all areas a two-party shared public water system is allowed if:

(A) The subject property was not required to connect to a Group A or B public water system as a condition of a previous permit approval;

(B) The applicant demonstrates that the two-party shared water system will provide an adequate source of potable water for the proposed development; and

(C) The addition of an accessory dwelling unit does not change the classification of the system and that requires upgrades to the existing system.

(ii) Availability Criteria. Yakima County will consider an adequate source of potable water to be “available” at the time of a development when the applicant provides documentation showing that the two-party shared water system for the proposed development has been approved by the appropriate agency with jurisdiction.

(d) Individual Well, as Defined in Section 19.01.070. An individual well is required when Group A or B public water systems or two-party shared water systems are not “available” or otherwise required; provided, that:

(i) Documentation. The applicant shall demonstrate prior to final development approval that:

(A) An authorization for a groundwater withdrawal from the appropriate agency with jurisdiction has been obtained;

(B) Each individual well will provide an adequate source of potable water for the proposed development including:

1. A water quality analysis report from the Yakima Health District or a State of Washington certified laboratory indicating compliance with the State Board of Health and locally adopted standards for domestic water; and

2. As required by local, state or federal agencies, a water quantity report from a well driller, pump supplier, or other qualified person. The report must be in the form of an industry standard pump test, bailer test or air test for wells or a flow test for springs. The test must assure that a minimum quantity of 350 gallons per day is available for each dwelling unit.

(C) The individual well has or will be designed in accordance with well siting and contamination standards as determined by the appropriate agency with jurisdiction.

(ii) Conversion of Individual Wells. Within Urban Growth Areas, RS and cluster developments in the R-10/5 and RT districts, new individual wells will be designed to be converted to a public water supply in the future as further development occurs.

(iii) Availability Criteria. Yakima County will consider an adequate source of potable water to be “available” at the time of a development when the applicant provides documentation showing that the individual well for the proposed development has been approved by the appropriate agency with jurisdiction.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.25.045 Site Improvements in Urban Growth Areas.

The following conditions of approval shall be required by the Reviewing Official prior to final approval of a development within an Urban Growth Area.

(1) Sewer Improvements. In locations within a sewer service area where the purveyor has engineered and adopted plans for its regional system, or the purveyor has established elevations for sewer system design, and the purveyor is willing to inspect proposed design and construction, and when the purveyor will connect the dryline to its system within six years, based on an adopted Capital Facilities Plan.

(a) Double plumbing dry side sewer will be installed at the time of on-site sewage disposal installation to connect the structure to a regional sewer system when it becomes available as provided in Section 19.25.030;

(b) The installation of dryline sewer will use accepted engineering practices for development having two or more lots with the location, connection depth and pipe sizing acceptable to the future utility provider; and

(c) The development will use a community or large on-site sewage disposal system, as provided in Subsection 19.25.040(1); if a regional sewer system is not available;

(2) Water Improvements. The development will use a Group A or B or two-party public water system, as provided in Subsection 19.25.040(2), if an area-wide public water supply system is not available; and

(3) Covenant Required. A covenant or plat note is recorded by the property owner that commits the current and future property owner(s) to connect to a regional sewer system and an area-wide public water system, if both are not provided, within 12 months of the system being located adjacent to the subject property. The covenant or plat note 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 or water.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.25.050 Utility Easements and Installation.

(1) Utility Easements.

(a) Easement Reserved. All easements for sewer, water, electric, gas, telecommunications, irrigation and similar utilities shall be shown on the final plat, short plat or binding site plan. Easements shall be reserved for and granted to all utilities and to their respective successors and assigns for:

(i) Serving all lots within a subdivision and other property with utility services; and

(ii) Granting the right to enter upon the lots, tracts, and common areas at all times to install, lay, construct, renew, operate, and maintain underground conduit, cables, pipe, and wires with necessary facilities and other equipment.

(b) Easement Location. Applicants must consult with and obtain or request written approval from all applicable utility purveyors documenting that the proposed utility easements and their locations within the property or proposed lots are adequate for their service needs and sufficient to provide the utility legal access from existing public rights-of-way or other access easements over any intervening real property prior to submittal of the final plat.

(i) Utility easements shall be located outside private access easements and dedicated road rights-of-way unless otherwise approved by the County Engineer; and

(ii) New or expanded utility easements shall serve each interior lot along the property boundary and be located along those lot frontages within the subdivision and development proposal that abuts private and public roads to minimize the burden of the easement on the servient landowners.

(i) Utility easements along lot frontages adjacent to public rights-of-way shall have a minimum width of eight feet;

(ii) Utility easements not located adjacent to public rights-of-way shall have a minimum width of 16 feet unless the Reviewing Official determines an alternative width sufficient or necessary to accommodate the proposed improvement;

(iii) Well access easements shall have a minimum width of 16 feet.

(d) Easements Extending to Adjacent Properties. Easements for future utility extensions to abutting properties shall be required as a condition of application approval when the Reviewing Official finds that:

(i) Vacant or underutilized land abuts the proposed land segregation or development;

(ii) The location of an easement for future utility extensions is reasonable based upon the design needs for future utility infrastructure;

(iii) The establishment of an easement for future utility extensions will further the extension of utility infrastructure;

(iv) The extension of utilities using the easement is foreseeable;

(v) The establishment of said easement furthers the goals and policies of the Comprehensive Plan; and

(vi) Easements shall be established under this Subsection at the time of final approval for individual wells providing public water supply under Subsection 19.25.040(2)(d)(ii). A plat note or covenant indicating such easements shall be established at the time of well construction for wells not established at the time of final approval.

(2) Utility Installation.

(a) Public Rights-of-Way. A utility provider shall obtain a franchise agreement and all necessary construction permits under RCW 80.32.010, 80.36.040 and Chapter 36.55 RCW prior to the installation and relocation of all public and private utilities within County road right-of-way, including but not limited to electric power, telephone, television, communication, water, gas, all petroleum products, steam, chemicals, sewage, drainage, irrigation, and similar pipes, lines or cables.

(b) Utility Easements. Utility easements should be composed to require utility providers to minimize disturbance to existing conditions within the easements, especially trees and other vegetation, during initial construction.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.25.060 Water Users Association and Satellite Management Agency (SMA).

Where a public water supply will have three or more connections, the formation of a Water Users Association will be required as a condition of plat approval or development authorization, to monitor and maintain the water system, unless Table 19.25-1 indicates an SMA is required and will manage or own the public water system. An SMA may be required for fewer lots than what is shown in Table 19.25-1 if an SMA is approved by the state to serve fewer connections. In addition to the funds required for operation and maintenance of the public water system, the Reviewing Official, Water Users Association or SMA may require additional funds from users of the system to cover future costs associated with connecting the public water system to an area-wide public water supply system when it becomes available.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.25.070 Municipal Public Sewer Connection Prohibited Outside UGAs – Exceptions.

In compliance with RCW 36.70A.110(4), a municipal public service provider may only extend sewer service outside the Urban Growth Area in those limited circumstances where necessary to protect basic public health and safety and the environment, as evidenced at least by an emergency order issued by the Department of Ecology or Department of Health, and when such services are financially supportable at rural densities and do not permit urban development. If service is extended, the maximum number of permitted hookups shall be specified at the time of extension and no additional development exceeding that number shall be permitted.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.25.080 Well Setbacks from Landfills.

State law requires a well setback of 1,000 feet from the boundary line of an existing or closed Municipal Solid Waste Landfill (MSWLF), as defined in Section 19.01.070.

Table 19.25-1. Water
(7)
Zoning	New Structures(1)	Number of Lots/Connections
Zoning	New Structures(1)	2	3-4	5-8	9 or more
Urban Growth Areas	4 options in order of priority: • Area-wide public water supply system • Existing public water system • New public water system • Individual well	3 options in order of priority: • Area-wide public water supply system • Existing public water system • New public water system	4 options in order of priority: • Area-wide public water supply system • Existing public water system • Yakima County or Nob Hill Water SMA(2) • Other State-approved SMA(3)
Resource Areas(8) Agriculture, Forest Watershed, Mining	2 options in order of priority: • Existing public water system(4) • Individual well	3 options in order of priority: • Existing public water system • New public water system • Individual wells(5)
Rural Areas(8) Master Planned Resorts, Rural Settlement – (LAMIRDs), Rural Transitional, Rural-10/5, R/ELDP-40	2 options in order of priority: • Existing public water system(4) • Individual well	2 options in order of priority: • Existing public water system(4) • New public water system		3 options in order of priority: • Existing public water system(4) • Yakima County or Nob Hill Water SMA(2) • Other State-approved SMA(3)	2 options in order of priority: • Yakima County or Nob Hill Water SMA(2) • Other State-approved SMA(3)
		• Individual wells, subject to Section 19.25.040, if all lots are 5 acres or greater in the R/ELDP-40 and R-10/5 zoning districts and outside the service area of a County water system

Notes:

(1) Any structure that requires potable water and sewage disposal.

(2) State-approved Satellite Management Agencies (SMAs) including Nob Hill Water, Evergreen Valley Utilities, Valley Water Services and Yakima County.

(3) Priority shall be given to municipal public utilities or utility districts or to investor-owned utilities under the jurisdiction of the Utilities and Transportation Commission.

(4) Connection to the County system is required if the structure/lots are located within the service area of a County water system (YCC Title 12).

(5) Section 19.34.035 requires public water supply systems for cluster developments.

(6) Individual wells may be allowed if all lots created by a land division in the R-10/5 or R/ELDP-40 district, and outside the service area of a County water system, are five acres or larger.

(7) Minimum Fire Flow: Shall meet the minimum fire flow standards as set forth in the International Fire Code.

(8) A public water system is required for all clustered land divisions in the AG, FW, RS, RT and Rural-10/5 districts.

Table 19.25-2. Sewer
Zoning	New Structures(1)	Number of Lots/Connections
Zoning	New Structures(1)	2-4	5-8	9 or more
Urban Growth Areas	3 options in order of priority: • Regional sewer system • Community on-site sewage disposal system • Individual septic	Municipal, County or Other State Approved Operator
Resource Areas Agriculture, Forest Watershed, Mining	2 options in order of priority: • County sewer system(2) • Individual on-site septic only
Rural Areas Master Planned Resorts, Rural Settlement – LAMIRDs, Rural Transitional, Rural-10/5, R/ELDP-40	2 options in order of priority: • County sewer system(2) • Individual on-site septic only	2 options in order of priority: • County sewer system(2) • Individual on-site septic only	2 options in order of priority: • County sewer system(2) • Individual on-site septic if public water is available	1 option: • County sewer system(2)

Notes:

(1) Any structure that requires potable water and sewage disposal.

(2) Connection to the County system is required if the structure/lots are located within the service area of a County sewer system (YCC Title 12).

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).