Chapter 13.18
UTILITY STANDARDS FOR URBAN GROWTH AREAS1
Sections:
Article I. Water Service
13.18.010 Statement of purpose.
13.18.020 Water connection application/requirement.
13.18.030 New development and substantial improvements.
13.18.040 Availability of service/deferral of connection.
13.18.050 Service outside city limits.
13.18.060 Surcharge for users outside city limits.
13.18.065 Drilling prohibited – Exceptions.
13.18.080 Municipal irrigation water.
13.18.095 Unlawful well drilling.
Article II. Sewer and Garbage
13.18.110 Statement of purpose.
13.18.120 On-site sewage disposal systems.
13.18.130 Connection to public sewer system.
13.18.140 New development and substantial improvements.
13.18.150 Deferral of connection obligation.
13.18.160 Service outside city limits.
13.18.170 Solid waste service.
Article I. Water Service
13.18.010 Statement of purpose.
The city council for the city of Zillah, Washington has determined that it is in the best interest of the citizens and the municipality to establish and develop a uniform source of domestic water supply for its citizens and residents. A public water system has been developed and will continue to be extended to serve the residential needs of its citizens for potable water. It is important to establish the requirements for connection to the public water supply within the designated urban growth area and/or newly annexed properties. It is of further importance that no additional wells be drilled or put to use within the corporate limits. The ordinance codified in this article amends prior legislative actions with regard to the subject matter as set forth in Ordinances 642 and 1045. (Ord. 1139 § 1, 2007)
13.18.020 Water connection application/requirement.
All structures, facilities and properties utilizing or requiring domestic and/or irrigation waters and located within the municipal boundaries of the city of Zillah shall connect to the public water system upon the failure or replacement of any on-site well; provided, that public water service is available to the property. (Ord. 1139 § 2, 2007)
13.18.030 New development and substantial improvements.
A property, structure or facility shall be required to connect to the public water system as a condition to any proposed development or material change in usage or occupancy of the subject property. Any development, project proposal or material alteration of use is expressly conditioned upon property owner extending at its sole cost and expense public water service to the subject development and/or property. The city may, however, waive the connection requirement in the event that the cost of line extension is more than twice the cost of an approved on-site system. (Ord. 1139 § 3, 2007)
13.18.040 Availability of service/deferral of connection.
Public water service shall be deemed available to a structure, facility or property when such service is located at any point within 300 feet of the property perimeter boundary. The city of Zillah may defer connections to the public water system in the event that (A) the existing well or water supply is adequate for intended purposes and does not present an issue with regard to public health, safety or welfare, or (B) the structure, facility or property being served is not within 300 feet of the public water service line and connection would be uneconomic (as based on consideration of well installation and associated cost) or otherwise infeasible or unduly burdensome under circumstances applicable to proposed use, location or other factor determined reasonable under circumstances. Any person requesting deferral shall make such request in writing with cost information and/or estimates, description and documentation to establish infeasibility or undue burden, and such other material as may be reasonably required with regard to evaluation of the deferral request. Any request for deferral shall be submitted to city council for final determination; provided, however, that a deferral request may be combined with any contemporaneous or related land use application. (Ord. 1139 § 4, 2007)
13.18.050 Service outside city limits.
The city of Zillah may further provide public water service to structures, facilities and properties outside the municipal boundaries but within the designated urban growth area (UGA). Any area served must be within the established boundaries established for such service and the designated urban growth area (UGA). An extension of public water lines to unincorporated areas shall be at the sole cost and expense of the property owner with system improvements reviewed and approved by the director of public works and city engineer. City may require execution of an outside utility agreement (OUA) as a condition to line extension. (Ord. 1139 § 5, 2007)
13.18.060 Surcharge for users outside city limits.
The charges for all entities outside the corporate limits of the city of Zillah, shall be charged the sum of $3.25 in excess of all corresponding rate charges inside the corporate limits of said city. (Ord. 1139 § 6, 2007)
13.18.065 Drilling prohibited – Exceptions.
It is unlawful for any person, firm or entity to drill a domestic, irrigation or other ground water well within the limits of the city of Zillah, Washington, except where public water service is not available to the property (as set forth in ZMC 13.18.040) or the city has authorized a deferral in connection with the public water service. Well drilling shall be authorized only for the purpose of replacing a failed on-site well where public water service is not available or for deferral authorized by municipality. (Ord. 1139 § 7, 2007)
13.18.070 Irrigation water.
All separate meters for irrigation water from domestic water shall be charged at the rate of $10.00 per 1,000 cubic feet or any portion thereof. (Ord. 1139 § 8, 2007)
13.18.080 Municipal irrigation water.
All separate meters for irrigation water from domestic water for municipal use shall be charged at the rate of $5.00 per 1,000 cubic feet or any portion thereof. (Ord. 1139 § 9, 2007)
13.18.090 Penalty provision.
A penalty of $10.00 shall be levied in the event that the said charges are not paid by the fifteenth of the month the bill is mailed. Nothing shall be credited or taken away from bills paid before the fifteenth of said month. (Ord. 1139 § 10, 2007)
13.18.095 Unlawful well drilling.
Any person, firm, or entity which shall violate the provisions prohibiting unauthorized well drilling shall be guilty of a misdemeanor, and upon conviction of, may be fined an amount up to $1,000. In addition to criminal penalties, the city attorney, on behalf of the city, is authorized to seek to enjoin or restrain violations of this chapter, in addition to statutory costs of suit, should the city obtain an injunction or restraining order against a person or entity violating the terms of this chapter. Said person or entity shall be further liable for reasonable attorney’s fees and costs incurred in said civil action. (Ord. 1139 § 11, 2007)
13.18.100 Lien provision.
In the event said bill is delinquent for over three months, a lien shall be placed upon the property owner for said amount of delinquent charges and said service shall be disconnected until paid in full. (Ord. 1139 § 12, 2007)
Article II. Sewer and Garbage
13.18.110 Statement of purpose.
City council for the city of Zillah, Washington, has determined that it is important to establish requirements for residents requesting or obtaining public sewer and garbage services for properties located within the designated urban growth area and/or newly annexed properties. It is further recognized that on-site sewage disposal should be limited and discouraged and, except where specifically authorized by permit, prohibited in all urban areas and that all sewage should be discharged to the public wastewater system. (Ord. 1046 § 1, 2005)
13.18.120 On-site sewage disposal systems.
No on-site sewage disposal system may be constructed, used, or maintained in the city of Zillah without a written permit from the health officer certifying that it meets the requirements of the Health District. On-site sewage disposal systems must also meet the requirements of the public works director and city engineer. It is recognized, however, that existing permitted systems will be allowed to continue upon annexation in accordance with the provisions of this code. (Ord. 1046 § 2, 2005)
13.18.130 Connection to public sewer system.
All structures and land uses which contain facilities for the disposal of sewage shall connect to the public sewer system at such time as there is a failure of the on-site system; provided, that public sewer service is available to the property. The wastewater system is available to serve a property when such service is located in a street, highway, alley or easement located within 300 feet from the perimeter boundaries of the subject property. The property must also be included in the design area for the public sewer. (Ord. 1046 § 3, 2005)
13.18.140 New development and substantial improvements.
A property and structure shall be required to connect to the public sewer system as a condition to any proposed development or material change in usage or occupancy of the subject property. Any development, project proposal or material alteration of use is expressly conditioned upon property owner extending at its sole cost and expense public sewer service to the subject development and/or property. City may, however, waive or defer the connection requirement as provided herein. (Ord. 1046 § 4, 2005)
13.18.150 Deferral of connection obligation.
City may defer connection to the public sewer system for any property or new development.
Deferral of connection is authorized in the following instances: (A) an existing on-site sewage disposal system is adequate for intended purposes and does not present an issue with regard to public health, safety or welfare; or (B) the structure, use or facility to be served is not within 300 feet of the public sewer line and connection would be economically infeasible or practically uneconomical under circumstances applicable to proposed use, location or other factor determined reasonable under circumstances. Any person requesting deferral shall make such request in writing with reasonable and appropriate supporting documentation. Any request for deferral shall be submitted to city council for final determination. (Ord. 1046 § 5, 2005)
13.18.160 Service outside city limits.
City of Zillah may further provide public sewer service to structures, facilities and properties outside the municipal boundaries but within the designated urban growth area (UGA). Any area served must be within the established boundaries established for such service and the designated urban growth area (UGA). An extension of public sewer lines to unincorporated areas shall be at the sole cost and expense of the property owner with system improvements reviewed and approved by the director of public works and city engineer. City may require execution of an outside utility agreement (OUA) as a condition to line extension. (Ord. 1046 § 6, 2005)
13.18.170 Solid waste service.
All structures, facilities and properties located within the municipal boundaries of the city of Zillah shall be served by public garbage service. (Ord. 1046 § 7, 2005)
Prior legislation: Ords. 642 and 1045.