Chapter 17.126
SEWER CAPACITY OVERLAY DISTRICT
Sections:
17.126.010 Purpose.
17.126.020 Uses.
17.126.030 Sewer service.
17.126.040 Preliminary development authorized.
17.126.010 Purpose.
It is the intent of this overlay district to ensure that newly annexed residential areas to the city of Battle Ground do not utilize the limited amount of available wastewater treatment capacity by limiting the connections to the public sewer system until treatment plan improvements are completed to provide adequate capacity for approved developments and newly annexed areas. (Ord. 06-020 § 1 (part), 2006)
17.126.020 Uses.
The permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land or payment of fees in lieu of dedication for public purposes, the construction, installation and extension of public improvements, development guidelines and standards for development within the overlay district shall be as set forth in the underlaying zoning district and applicable provisions of the Battle Ground Municipal Code. (Ord. 06-020 § 1 (part), 2006)
17.126.030 Sewer service.
A. The city will not make sewer service available for any new residential development within the overlay district until such time as additional capacity within the city’s wastewater treatment system is made available with the construction of the Phase IV expansion of the Salmon Creek Wastewater Treatment Plant unless additional capacity or other sewer improvements are provided consistent with subsection (E) of this section.
B. The additional capacity provided by the Phase IV expansion shall be considered available when the public works director has received a certificate of construction completion from the project engineer that has been submitted to the Washington State Department of Ecology or as otherwise defined in the three-way agreement between Clark County, Clark Regional Wastewater District and the city of Battle Ground for the construction and operation of the Phase IV improvements.
C. The city will allow modifications or additions to existing development to utilize existing on-site sewage disposal systems where there is no material increase in effluent and otherwise complies with the provisions of Chapter 13.120 BGMC.
D. Sewer facilities shall be constructed consistent with the General Sewer Plan, City of Battle Ground adopted April 2005, as amended.
E. Sewer service may be provided by the city if a project proponent constructs improvements to the city system that provides additional system capacity. Improvements are subject to review and approval by the city and any other applicable regulatory authority. The amount of sewer service provided shall not exceed the amount capacity added by the improvements. Sewer service under this provision will only be authorized after the improvements have been completed and have been shown to actually add capacity to the system. Notwithstanding the foregoing, a developer or landowner may construct a stand-alone sewer plant or other sewer improvements that would not contribute flows to the overall system, after review and approval by the applicable regulatory authorities and the city. The stand-alone system shall be removed and development served by it shall be connected to the city’s wastewater system when capacity is available consistent with subsection (B) of this section. (Ord. 06-020 § 1 (part), 2006)
17.126.040 Preliminary development authorized.
Notwithstanding the provisions of this chapter, the city will accept and process development applications within the overlay district based on the underlaying zoning prior to the availability of sewer section as indicated in BGMC 17.126.030; provided, that no utility connection permit shall be granted until such time as the limitations in BGMC 17.126.030 are satisfied. (Ord. 06-020 § 1 (part), 2006)