Chapter 18.05
EXTRATERRITORIAL EXTENSION OF WATER AND SEWER SERVICE
Sections:
18.05.040 Application requirements.
18.05.010 Purpose.
A. These regulations govern the approval of requests for the extension of water or sewer facilities outside of the city limits and within or outside the urban growth boundary to serve property within the urban growth boundary, and subsequent extraterritorial connections thereto. These regulations are intended to accomplish the orderly development of land within the community, ensure the adequate provision of public facilities and services, protect the public health and safety of the community, and enable development to occur consistent with applicable provisions of the comprehensive plan.
B. The city shall not allow connections to its water or sanitary sewer systems outside the city’s boundaries except as permitted by this chapter. Annexation of the territory so served is required if the territory is within the UGB and is contiguous to the city limits.
C. An extraterritorial service/facility contract between a property owner and the city is required to govern the costs and responsibilities associated with extraterritorial connections. (Ord. 3139 §3, 2021)
18.05.020 Definitions.
A. "Extraterritorial connection of service" means the connection of water or sanitary sewer service to property located outside the city limits and within the urban growth boundary.
B. "Extraterritorial service/facility contract" means a contract between the owner of property proposed to be served and the city, specifying service provisions and identifying the respective obligations of the parties.
C. Domestic. As used in this chapter, the term "domestic" includes residential and commercial uses and loads, and excludes agricultural and industrial. Specifically regarding sewer usage, the term "domestic" includes wastewaters originating from plumbing fixtures and appliances such as toilets, bath, laundry, dishwashing, and garbage disposals typically discharged from dwellings and commercial establishments, and excludes wastewater from any other source, including, but not limited to, industries, food processing operations, vehicle service facilities, vehicle storage facilities, kennels, car washes, and milk houses. (Ord. 3139 §3, 2021)
18.05.030 Procedures.
Applications for extraterritorial extensions of water or sewer facilities are reviewed under Section 18.04.050 or 18.04.060, as applicable, with the exception that, if approved, no ordinance is required. Extraterritorial connection approval shall be by council order. (Ord. 3139 §3, 2021)
18.05.040 Application requirements.
An application for an extraterritorial extension of a facility or an extraterritorial connection of service shall include the following:
A. A list of all tax lots proposed to be served, including street addresses and property owner names;
B. A legal description of the property or properties to be served with water or sewer service;
C. Signed consent to annex forms, in the form provided by the city, for the property or properties proposed to be served;
D. A map drawn to scale showing the proposed extension of water, stormwater, or sanitary sewer lines to include the proposed number of service connections and their sizes and locations;
E. A written narrative addressing the proposal’s consistency with the approval standards in Section 18.05.050;
F. A completed application in the form provided by the city, accompanied by an application fee as established by council resolution. (Ord. 3139 §3, 2021)
18.05.050 Standards.
The city manager shall forward a written recommendation on a proposed extraterritorial extension of a facility or connection to water or sewer service to the city council based on the following standards:
A. Annexation of the property proposed to be served is currently not possible due to the inability to meet the standards for annexation specified in Section 18.04.040;
B. The provision of service will not prolong uses that are nonconforming uses as specified in the city’s development code, Chapter 14.52, or the Lane County Code;
C. Sufficient capacity exists in the requested service facilities to serve the existing use(s), as determined by the city in its sole discretion. This determination shall take into account future capacity needed to serve properties and uses within city limits, anticipated by the city’s comprehensive plan and zoning code.
D. A signed extraterritorial service/facility contract shall be provided in a form approved by the city attorney to resolve issues raised by the requested connection. This contract will be recorded and shall run with the subject property until such time as the parcel is annexed into the city.
The provisions of such a contract shall include, at a minimum: payment of all city SDCs applicable to the existing use(s); development review by the city regarding storm drainage; compliance with all city design and construction standards for extension, connection and future development; compliance with city ordinances and standards regarding system connection and usage (to the extent such city ordinances do not conflict with the terms of the contract or this chapter); a nonremonstrance agreement for future local improvement districts; a provision that written city permission is required prior to submittal of any land division or development application to Lane County or any change in use; and payment of all applicable connection fees, zone of benefit charges, and out-of-city service rates. Other provisions shall be as directed by the city council in response to the circumstances and conditions within the territory affected by the request for extraterritorial service.
E. For connection applications: (1) the subject property’s boundary is located within three hundred feet of an existing main service line; (2) the existing use can be directly connected to the main line by way of a lateral connection, without a main line extension; (3) the subject property is not vacant; and (4) the connection will only serve domestic uses and loads. (Ord. 3139 §3, 2021)