Loading...
Resolution No. 2025-05 Adopting New Policies and Procedures for Authorizing South Island Sewer Connections (Approved 052725)Page 1 of 2 RESOLUTION NO. 2025-05 A RESOLUTION of the City Council of Bainbridge Island, Washington, adopting new policies and procedures for authorizing South Island Sewer Connections. WHEREAS, as part of an original agreement with Kitsap County Sewer District 7 dating back to 1997 and subsequently updated in 2003 and 2023, the City retains 481 equivalent residential units (ERUs) of wastewater treatment sewer capacity for the South Island Sewer area of Bainbridge Island that are not either physically connected or “bound” for future use with a specific parcel of land; and WHEREAS, the City entered into an Interlocal Agreement with Kitsap County Sewer District 7 on October 25, 2024, for the purpose of providing an additional 25 ERUs serving the South Island Sewer area of Bainbridge Island; and WHEREAS, the City Council discussed modifications to the existing connection policy and procedure guiding the distribution of the 25 new connections at the February 18, 2025, and April 22, 2025, City Council meetings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS: Section 1. The Public Works Administrative Manual Policy 2.14A Supplemental South Island Sewer Connection Procedure is hereby adopted in the form attached to this resolution as Attachment A. Section 2. If any one or more sections, subsections, or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. Section 3. This resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council this 27th day of May, 2025. APPROVED by the Mayor this 27th day of May, 2025. __________________________ Ashley Mathews, Mayor Page 2 of 2 ATTEST/AUTHENTICATE: By: ___________________________ Christine Brown, MMC, City Clerk FILED WITH THE CITY CLERK: May 9, 2025 PASSED BY THE CITY COUNCIL: May 27, 2025 RESOLUTION NO. 2025-05 Direct Services Public Works Administrative Procedures Manual 2.14A SUPPLEMENTAL SOUTH ISLAND SEWER CONNECTION PROCEDURE Date of Approval: Effective Date: Approved by & Title: City Council; City Manager Responsible Division: Public Works Key Code and References: COBI Comprehensive Plan, as amended, on file in the Department of Planning and Community Development Interlocal Agreement between COBI and Sewer District No. 7 (SD7) dated 10/3/1997 Interlocal Agreement between COBI and SD7 dated 09/24/2003 All interlocal agreements between COBI and SD7 that provide for sewer connections in the amount greater than the number of connections defined in the Interlocal Agreement dated 09/24/2003 Sewer Connection Analysis Form, as amended, on file in the Department of Public Works South Island Sewer Connections Guidance and Background Map of South Island Sewer Connections Map of City Contracted Sewer Service Areas Effectiveness date: June 1, 2025 Purpose: The purpose of this document is to outline the City of Bainbridge Island’s (City’s) policy and procedures associated with the analysis and distribution of available Equivalent Residential Units (ERUs) associated with the inter-local agreement between the City of Bainbridge Island and Kitsap Sewer District #7 (District) dated October 25, 2024. The above-referenced agreement identifies 481 ERU’s previously purchased by the City for use in the City’s service area. All of those ERU’s are presently physically connected, or “bound” for future use with an associated parcel in the service area. The agreement also now includes 25 additional ERUs, payment for which will be divided into four (4) annual installments of up to 7 ERUs for the years 2025-2027, and up to 4 ERUs in 2028. One (1) ERU is defined as one (1) sewer connection and is based upon the fixture unit values listed on the City’s “Sewer Connection Analysis Form” (See link above). As previously identified, as of the date of adoption of this policy, the 480 ERUs established in earlier versions of the ILA remain in effect as either connected or “bound.” However, the City may purchase back an unused or unwanted ERUs from the original holder at their request. The City is the only entity that may purchase unused or unwanted ERUs for re-distribution. This policy therefore applies to both the 25 additional ERUs, and any other ERUs purchased by the City from an original holder. The policy and priority of the City of Bainbridge Island (City) is to manage the use of available Equivalent Residential Unit’s (ERUs) in a manner that follows the guidance provided in the City’s Comprehensive Plan, Sewer District No. 7 (SD7) policies and resolutions, and this connection procedure. Policy: Subject to the availability of ERUs the City shall: 1. Provide sewer service to projects in the Lynwood, Pleasant Beach, Rockaway Beach, Emerald Heights, Blakely Elementary and Point White sewer service areas as identified in Figure 1 that meet the following prioritized criteria: a. Properties or development that serve a new or existing public facility including, but not limited to schools, parks, municipal facilities, publicly-owned amenities, etc.; b. Properties with an existing residence served by a failing or soon- to-be failing septic system, where a replacement system or replacement reserve system is constrained to a location of 100’ from established shoreline and wetland critical area buffers (or otherwise have a high probability of negatively affecting sensitive bodies of water). A failing septic system is defined as one that can no longer effectively treat and distribute wastewater, leading to untreated sewage potentially reaching the surface around the drain field, and causing contamination of groundwater and potentially surface water within a period of 30-days. A soon-to-be failing septic system is defined as being no more than 1-year from failing as defined above. The septic system status as defined above will be as determined by representatives from Kitsap Public Health. c. Properties with an existing residence served by a failing or soon- to-be failing septic system with no alternative for system repair or replacement. The cost of a repair or replacement will not be considered as part of the criteria for prioritization; d. Properties with an existing residence served by a failing or soon- to-be-failing septic system where the owner is enrolled in a Kitsap County low-income property tax relief program, or the City’s utility rate low-income program, if established; e. Properties with an existing commercial space that is currently served by a sewer connection that requires additional ERUs, or a portion of an ERU, to serve an existing, non-expanded use (through Planning and Community Development permitting) or to meet a new health and safety regulatory requirement; f. Properties that are planned for residential use at the maximum allowed density and will provide permanent affordable units at or below 80% of area median income through a deed restricted program adopted by the City; g. Properties that are planned for residential use at less than the maximum allowed density and provide permanent affordable units at or below 80% of area median income through a deed- restricted program adopted by the City; and, h. Any new or expanded residential development that does not qualify under the affordability criteria listed above, including a new accessory dwelling unit (ADU) on an existing parcel, are not eligible for this program. 2. Provide sewer service to projects in the adjacent open space areas identified in Figure 1 that meet the following prioritized criteria: a. Properties or development that serve a new or existing public facility including, but not limited to schools, parks, municipal facilities, publicly-owned amenities, etc.; and, b. Properties with an existing residence served by a failing or soon- to-be failing septic system , where a replacement system or replacement reserve system is constrained to a location of within 100’ from established shoreline and wetland critical area buffers (or otherwise have a high probability of negatively affecting sensitive bodies of water). Requirements: 1. ERUs are reserved for a single parcel or commercial establishment; 2. ERUs may not be transferred, sold, or otherwise committed through a binding legal agreement, to an owner of another parcel; 3. Unused or excess ERUs reserved for a parcel may be held for use, subject to the City’s binding commitment for a reservation of sewer capacity; 4. If requested by the owner, unused or excess ERUs “bound” for a parcel may, at the City’s option, be purchased by the City in an amount equal to the sum of all system participation (SD7 connection) and latecomer’s fees paid by an owner at the time the ERUs were reserved or allocated by the City. As established in the Purpose section of this policy, unused or excess ERUs referenced in this subsection may have been established as part of the original 480 ERUs or the 25 additional ERUs established through the 2024 ILA. If an ERU is reclaimed by the City as per above, that ERU may be available as part of the next upcoming annual distribution process. Procedure: The following procedure will be used to assign available ERUs per the policy above: 1. City staff will open a “call for sewer connections” annually on June 1st beginning in 2025. The call will be open for 30 days until June 30th. The call will be announced on a City Council Regular Business Meeting Consent Agenda at least 30 days prior to the opening. 2. Respondents to the call will submit the specified application form – included as an attachment to this document – to the front desk of City Hall or electronically to PWadmin@bainbridgewa.gov prior to 4PM on the last day of the call. There is no fee for the application. 3. Application forms will be reviewed by City staff, and respondents contacted with requested questions or clarifications. Applications will be finalized by July 31st. 4. City staff will prepare an evaluation and prioritization of the application forms, along with a recommendation to the City Council for consideration of approval at a Regular Business Meeting in September or October. 5. Any connections remaining after 2028 may be distributed in accordance with this policy in subsequent years in coordination with Kitsap Sewer District #7. 6. Applicants who are approved through this process are required to submit the necessary connection and other associated fees within 30-days of notification of approval. Any available connection reviewed through the annual process that is not distributed in the annual cycle, or is associated with unpaid fees after 30-days, will be available for distribution in the following year’s process. 7. In each year of the open “call for sewer connections,” the City will consider purchasing and paying for 1 or more ERU’s for the purposes of addressing an emergency in the form of a failing septic system as defined previously in this policy, an emerging issue in the form of serving an existing commercial space as defined previously in this policy, or the establishment of an affordable housing unit as defined previously in this policy. Qualifying ERU’s may be distributed outside of the annual approval process cycle 8. Applicants who do not receive a connection as part of an annual process must re-submit an application form in the subsequent annual approval process to be reconsidered. There is no appeal process for denied applications. APPLICATION/ Sewer Connection Request Form (attached) FORMS: BIMC 15.12.050 Allows the Director to assign responsibility for the interpretation, application, and enforcement of specified procedures to department staff. It also allows the Director to administer provisions of the chapter. ,♦♦• ��i,I��` Emerald Heights f G tom' Lynwood Center Rockaway BeachBlakely School I ii�t Point White Pleasant Beach Legend ` LID20 and Lynwood Center(Sewer service area) Sewer District No.7 Adjacent"Open Space"Residential(minor modification) New Gravity Main CCNew Pressure Main Existing Pressure Main Existing Gravity Main Figure 1 - South Island Sewer Connections