Chapter 12.45
EXTENSION OF CITY SERVICES OUTSIDE CITY LIMITS

Sections:

12.45.010    City’s authority to provide service outside city limits.

12.45.020    Water or sewer service application.

12.45.030    Charges for water or sewer service.

12.45.040    Utility extension agreement.

12.45.050    Extensions for public health, safety or environmental reasons.

12.45.010 City’s authority to provide service outside city limits.

(1) The city is authorized, pursuant to RCW 35.67.310 and 35.92.200, to provide sewer and water service to property outside the city limits. The city’s provision of such service is not mandatory. In all circumstances in which the city agrees to provide water or sewer service to property beyond its limits, the applicants for such service must comply with all of the terms and conditions of this chapter.

(2) After designation of the city’s urban growth area boundary by the county as contemplated by RCW 36.70A.110, the city is prohibited from annexing territory beyond such boundary (RCW 35A.14.005). Therefore, except to municipal corporations or quasi-municipal corporations, such as water, sewer or fire districts, and then only under the circumstances described in subsection (3) of this section, the city’s extension of water and sewer service outside the city limits to property not contained within the city’s urban growth area is not appropriate.

(3) The Growth Management Act, Chapter 36.70A RCW, has been amended to allow cities to provide water and sewer services in rural areas in those limited circumstances shown to be necessary to protect basic public health, safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development (RCW 36.70A.110[4]). Applications for water and sewer service in rural areas or areas outside the city’s urban growth area may be granted by the city council under the circumstances in this section, and under the procedures set forth in SMC 12.45.050. (Ord. 1122 § 1, 2002).

12.45.020 Water or sewer service application.

Any person owning property outside the city limits and desiring to have their property connected to the city’s water supply system or sewer system shall make application at the office of the public works department on the appropriate form. Every such application shall be made by the owner of the property to be connected and supplied the service, or by his/her authorized agent. The applicant must state fully the purposes for which the water and/or sewer service is required. Applicants must agree to conform to the city’s rules and regulations concerning water and sewer service set forth in this title, as the same now exists or may be amended in the future. If the city receives such a water service application and subsequently issues a water availability certificate, such certificate shall expire within one year of the date of issuance, if the applicant does not pay the required fees and request an actual hook-up or connection to the subject property within that time period. (Ord. 1122 § 1, 2002).

12.45.030 Charges for water or sewer service.

Applicants for water and/or sewer service to property outside the city limits shall be charged the rates and connection charges for such service as set forth in Chapter 12.04 SMC (sewer service), Chapter 12.16 SMC (water service), and Chapter 12.40 SMC (plant investment charges) as those code sections now exist or may hereafter be amended. All other additional charges applicable to water and/or sewer service to property within the city limits in this title shall also be imposed, where appropriate. (Ord. 1122 § 1, 2002).

12.45.040 Utility extension agreement.

Every applicant for water and/or sewer service requiring extension of utilities outside the city limits, except for municipal corporations or quasi-municipal corporations, such as water, sewer or fire districts making application under SMC 12.45.050, must agree to sign a voluntary agreement with the city, which conditions the provision of the service on the following terms:

(1) Agreement to Run with the Property. The agreement shall be recorded against the property in the Snohomish County auditor’s office, and shall constitute a covenant running with the land. All covenants and provisions of the agreement shall be binding on the owner and all other persons subsequently acquiring any right, title or interest in or to said property.

(2) Warranty of Title. The agreement shall be executed by the owner of the property, who shall also warrant that he/she is authorized to enter into such agreement.

(3) Annexation. Property owners requesting extension of city sewer and water into the unincorporated UGA shall agree to either annex immediately (if such property is located in the UGA), or shall sign a no protest agreement in which the property owner agrees to sign any annexation petition that is circulated in the future to annex their property, as long as the property is located within the UGA at the time of circulation.

(4) Costs of Design, Engineering and Construction of Extension. The owner shall agree to pay all costs of design, engineering and construction of the extension, which shall be accomplished to city standards and conform to plans approved by the city public works director. Costs of plan review and construction inspection shall also be paid by the owner.

(5) Plant Investment Charges. The owner shall be responsible for the payment of plant investment charges as defined by Chapter 12.40 SMC, as the equitable share of the costs of serving the property.

(6) Easements and Permits. The owner shall secure and obtain at the owner’s sole cost and expense all permits, easements and licenses necessary to construct the extension.

(7) Dedication of Capital Facilities. The owner shall agree to dedicate all capital facilities constructed as part of the water and sewer extension (such as water or sewer main lines, pump stations, wells, etc.), at no cost to the city, upon the completion of construction, approval and acceptance by the city.

(8) Connection Charges. The owner shall be responsible for the payment of the connection charges set by the city in Chapters 12.04 and 12.16 SMC (as these chapters now exist or may hereafter be amended), as a condition of connecting to the city water and/or sewer system. Such connection charges shall be calculated at the rate schedules applicable at the time of actual connection.

(9) Special Assessment District. If, at the time of execution of the agreement, the city has formed a special assessment district to pay for capital project(s) related to service of the property, the owner shall agree to participate in the district and to waive his/her right to protest the assessment.

(10) Waiver of Right to Protest LID. If, at the time of execution of the agreement, the city has plans to construct certain improvements that would specially benefit the owner’s property, the agreement shall specifically describe the improvement. The owner shall agree to sign a petition for the formation of an LID or ULID for the specified improvements at the time one is circulated, and to waive his/her right to protest formation of any such LID or ULID.

(11) Development of Property to Conform to City Comprehensive Plan and Development Standards.

(a) The owner shall agree to comply with the following development standards of the city of Stanwood, unless otherwise provided by this chapter:

(i) Chapter 12.45 SMC (standards for UGA utility extensions);

(ii) Chapter 16.10 SMC (standards for long plats);

(iii) Chapter 16.35 SMC (standards for short plats);

(iv) Chapters 17.30 through 17.79 SMC (permitted uses and dimensional and density requirements);

(v) Chapter 17.110 SMC (signs);

(vi) Chapters 17.115 through 17.135 SMC (critical areas protection);

(vii) Chapter 17.145 SMC (landscaping); and

(viii) Public works standards.

(b) The owner shall agree to comply with all elements of the city of Stanwood comprehensive plan, including but not limited to the city of Stanwood comprehensive water system plan and the city’s wastewater facilities plan.

(c) The city council may elect to enter into a utility extension agreement with an owner who cannot meet one or more development standards as contained in subsection (11)(a) of this section only under the following conditions:

(i) The applicant demonstrates that there is a conflict between a particular city development standard and the corresponding Snohomish County standard that prevents an applicant from meeting both development regulations;

(ii) The applicant demonstrates that the proposed departure from one of the city’s development standards listed in subsection (11)(a) of this section would result in a development that meets the intent of the applicable provision of the comprehensive plan, subdivision code, zoning code or public works standards;

(iii) The applicant demonstrates that the site of the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features necessary to ensure compatibility with and not inconsistent with the underlying zoning district;

(iv) Adequate public utilities are available to serve the proposal;

(v) The proposed use will have no significant adverse effect on existing uses or permitted uses or that deviate from the development standard listed in subsection (11)(a) of this section will not further aggravate any adverse effects; and

(vi) The establishment, maintenance and/or conducting of the uses for which the utility agreement is sought will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to the environment, nor shall the use be inconsistent with or injurious to the character of the neighborhood or contrary to its orderly development.

(12) Interlocal Agreements. If, at the time of execution of the agreement, the city and the county have approved any interlocal agreements governing the development of the Stanwood urban growth area, the development shall also be subject to the terms of the agreement(s) in place.

(13) Termination for Noncompliance. In addition to all other remedies available to the city for the owner’s noncompliance with the terms of the agreement, the city shall have the ability to disconnect the utility, and for that purpose may at any time enter upon the property. (Ord. 1169 § 1, 2005; Ord. 1140 § 1, 2003; Ord. 1122 § 1, 2002).

12.45.050 Extensions for public health, safety or environmental reasons.

(1) Applications for water and sewer service to property outside the city’s urban growth area boundary may only be approved if, in addition to all other requirements of this title, the applicant can demonstrate that the extension is necessary to protect basic public health, safety, welfare and the environment. This showing may include, among other documentation, an emergency order issued by the Department of Ecology relative to any sewer extension request.

(2) The city council shall review the application and may, in its sole discretion, allow the extension if the council finds:

(a) That the requested service is financially supportable at rural densities and does not permit urban development;

(b) That the city’s NPDES permit will not be affected by the extension (if applicable); and

(c) That the extension is consistent with the goals of the city’s water and sewer comprehensive plans and all other applicable law, including, but not limited to, the Public Water System Coordination Act (Chapter 70.116 RCW), the Growth Management Act, and the State Environmental Policy Act.

(3) The council’s approval of any extension under the criteria in subsection (2) of this section may be conditioned upon the following:

(a) Restrictions may be placed on the hours that the city will accept sewage flow from the applicants;

(b) Restrictions may be placed on the amount of sewage flow or water provided to the applicant;

(c) For extensions outside the city’s urban growth boundary area, the applicant shall have responsibility to maintain and operate its own facilities; and/or

(d) Any other conditions the council considers appropriate. (Ord. 1140 § 1, 2003; Ord. 1122 § 1, 2002).