Chapter 13.34
UTILITY EXTENSIONS OUTSIDE CITY LIMITS1

Sections:

13.34.010    Purpose.

13.34.020    Policy – Utility extension – Inside urban growth area.

13.34.030    Policy – Sewer extension – Outside urban growth area.

13.34.040    Applications for extension of utility services outside the city’s corporate boundaries.

13.34.050    Repealed.

13.34.060    Utility extension agreement.

13.34.070    Failure of annexation – Reduction of city’s corporate boundaries.

13.34.080    Reduction of the city’s corporate boundaries.

13.34.090    Exceptions.

13.34.100    Sewer connection count.

13.34.010 Purpose.

The city of Chelan and the area surrounding it have greatly expanded in industry, business, housing and population, and it is and has been the policy of the city to encourage this growth in an orderly and responsible manner so as to ensure the public health, safety, and welfare and protect to the greatest degree possible the quality of life of the citizens affected. Realizing that it has been through the extension of water and sewer utility services by the city that expansion has been possible, it is and has been the policy of the city that property to which these utility services are extended ultimately become annexed to the city. This chapter confers upon the city administration all necessary and reasonable authority to carry out this policy. In addition, the city recognizes the need to provide connections to the city sewer system for properties located outside of the urban growth area as the same is defined in the city’s comprehensive plan and as the term is defined in Chapter 36.70A RCW, the Growth Management Act. City sewer services may be extended outside of the city’s urban growth area under the limited circumstances as defined in this chapter. (Ord. 1282 § 1 (part), 2004: Ord. 1244 § 1, 2002: Ord. 1181 § 1 (part), 2000).

13.34.020 Policy – Utility extension – Inside urban growth area.

It is the policy of the city that city utility services be extended to property outside the city’s corporate boundaries, but within the city’s urban growth area, only if such extension is consistent with sound urban planning, and that such properties ultimately be annexed into the city at a time deemed appropriate by the city. (Ord. 1290 § 1, 2004: Ord. 1282 § 1 (part), 2004: Ord. 1244 § 2, 2002: Ord. 1181 § 1 (part), 2000).

13.34.030 Policy – Sewer extension – Outside urban growth area.

It is the policy of the city that city sewer services may be extended to property located outside the city’s corporate boundaries and outside the city’s urban growth area only under the following circumstances:

A. Connections to the city’s sewer service for new subdivisions shall only be allowed for a short or long plat that is completely within six-tenths of one mile of the one-thousand-one-hundred-foot mark of the shoreline of Lake Chelan. Sewer connections shall not be allowed for any short plat or long plat of land outside of the city’s urban growth area when the parcel size of any parcel within the plat is less than two and one-half acres.

B. The city council expressly finds:

1. The extension of sewer utility service is necessary to protect basic public health and safety and the environment;

2. Sewer utility services are financially supportable at rural densities and do not permit urban development; and

3. Extension of the sewer utility service will not adversely impact the capacity of the city’s sewage treatment plant. (Ord. 1290 § 2, 2004: Ord. 1282 § 1 (part), 2004).

13.34.040 Applications for extension of utility services outside the city’s corporate boundaries.

In addition to standard applications for water and/or sewer service, all applications for the extension of utility service outside the city’s corporate boundaries shall provide such other information as may be required by the city including, without limitation, a full description of the current uses and proposed future uses of the property for which the extension of utility service is requested. (Ord. 1290 § 3, 2004: Ord. 1282 § 1 (part), 2004).

13.34.050 Application – Sewer extension – Outside urban growth area.

Repealed by Ord. 1290. (Ord. 1282 § 1 (part), 2004).

13.34.060 Utility extension agreement.

All applicants (an “owner”) for the extension of utility services to property (the “property”) outside the city’s corporate boundaries shall execute a “utility extension agreement” in a form deemed necessary by the city administrator, which conditions the provision of such service on the following terms:

A. Agreement to Run with the Property. The utility extension agreement shall describe the property, shall be recorded with the Chelan County auditor’s office, and shall constitute a covenant running with the property. All covenants and provisions of the utility extension agreement shall bind the owner and all other persons subsequently acquiring any right, title or interest in or to the property.

B. Warranty of Title. The utility extension agreement shall be executed by the owner of the property, who shall warrant that they are authorized to enter into the utility extension agreement.

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

D. Capacity Commitment Payments. The owner shall pay for the city’s reservation of sewer and/or water capacity, which is calculated as a percentage of the connection fee for the utility service. Such payments shall be made under the payment schedule determined by the city.

E. 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.

F. Dedication of Capital Facilities. The owner shall dedicate all capital facilities constructed as part of the utility extension, at no cost to the city, upon the completion of construction, approval and acceptance by the city.

G. Connection Charges. The owner shall pay the connection charges set by the city as a condition of connection to the city’s utility services.

H. Agreement Not to Protest Annexation. The owner shall provide the city with an irrevocable power of attorney to allow the city to execute a petition for annexation on behalf of the owner, or the owner shall execute a petition for annexation of the property when requested to do so by the city, and the owner shall not otherwise object to the annexation of the property to the city.

I. Waiver of Right to Protest LID. If, at the time of execution of the utility extension agreement, the city has plans to construct certain improvements that would specially benefit the property, the utility extension agreement shall specifically describe the improvement. The owner shall waive the right to protest the formation of any such LID or ULID, and shall comply with the requirements set out in subsection H of this section regarding annexation.

J. Development of Property to Conform to Codes and Standards. The owner shall comply with all requirements of the city’s comprehensive land use plan, zoning and building codes, and the city’s development standards when developing or redeveloping the property.

K. Termination of Noncompliance. In addition to all other remedies available to the city for the owner’s noncompliance with the terms of the utility extension agreement, the city shall have the ability to disconnect the utility services from the property, and for that purpose may at any time enter upon the property. (Ord. 1290 § 5, 2004: Ord. 1282 § 1 (part), 2004).

13.34.070 Failure of annexation – Reduction of city’s corporate boundaries.

In the event the property that is the subject of an utility extension agreement is not annexed into the city due to a decision by the city to not annex the property, or because the property is located outside the city’s urban growth area, the provisions of the utility extension agreement shall continue in full force and effect, and shall require the property owner or successor in ownership to commence additional annexation petitions at any time as requested by the city. (Ord. 1282 § 1 (part), 2004).

13.34.080 Reduction of the city’s corporate boundaries.

In the event that the property that is the subject of an utility extension agreement is annexed to the city, but then is removed from the city as a result of the reduction of the city’s corporate boundaries (except when initiated by resolution of the city council), the city’s duty to provide utility service to any such property shall cease. (Ord. 1282 § 1 (part), 2004).

13.34.090 Exceptions.

The provisions of this chapter shall not apply to the following:

A. The requirement that an application for annexation be made before an extension of utility services is granted shall not apply to water filtration utility services provided by the city to Isenhart Irrigation District and the Chelan River Irrigation Districts, pursuant to a written agreement between said districts and the city, as approved by the city council.

B. To development that occurs within the urban growth area for the city of Manson, as the same exists now or may hereafter be amended.

C. To the extension of sewer services to the Lake Chelan Sewer District and the Lake Chelan Reclamation District. (Ord. 1282 § 1 (part), 2004: Ord. 1244 § 3, 2002: Ord. 1181 § 1 (part), 2000).

13.34.100 Sewer connection count.

The public works director shall maintain a count of the number of sewer connections the city provides outside the city’s corporate boundaries and outside the city’s urban growth area. (Ord. 1282 § 2, 2004: Ord. 1181 § 2, 2000).


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Prior legislation: Ords. 973 and 1092.