Chapter 13.16
EXTENSION OF UTILITY SERVICES OUTSIDE TOWN LIMITS
Sections:
13.16.020 Applicable policies for sewer and water service.
13.16.030 Additional policies for sewer and water service.
13.16.010 Intent.
The statement of policy set forth in this chapter is intended to be general in scope and advisory only, and is not intended to be a limitation on the exercise of discretion and judgment by the town council on any occasion when an application for town sewer and water service is made. Such service will be permitted only on an individual contractual basis for specific property, which contract or agreement will specify the terms and conditions of such service in detail, including any exceptions allowed and any conditions imposed which may be different from the statement of policy of this chapter. The town shall not have an express or implied obligation to provide sewer and water service to any property outside the town limits unless a specific contract therefor is approved by the town council and the owners and occupants of the property continue to comply therewith in all respects. [Ord. 415 § 1, 1997]
13.16.020 Applicable policies for sewer and water service.
(1) When town sewer and water service is sought for property contiguous to existing town limits which is of such a size and configuration to merit its imminent annexation, in the opinion of the zoning administrator, the annexation of that property to the town shall be a condition of its receiving such service.
(2) An application for town sewer and water service to property not meriting imminent annexation will only be considered if the application is for governmental or residential uses on property located in the town’s immediate service area. The town’s immediate service area comprises that area designated by the town council from time to time as such.
(3) An application for town sewer and water service for such uses on such property located in the town’s immediate service area will only be considered under circumstances which will allow the development of that property to be controlled by town ordinances, codes, regulations, standards and policies, all as if such property were within the town.
(4) An application for town sewer and water service for such uses on such property located in the town’s immediate service area will only be considered under circumstances which will ensure future annexation of such property to the town at such time as the town determines its annexation to be feasible and in the town’s best interests. [Ord. 415 § 2, 1997]
13.16.030 Additional policies for sewer and water service.
(1) When town sewer and water service is sought for property outside the town limits, same may be granted only upon approval by motion of the town council. In the event the town council decides that any such application should be granted, the town council may attach conditions to the granting of such application as the town council deems advisable under the circumstances surrounding that application, which conditions shall include the execution by the owners and occupants of the property of an outside utility agreement approved by the town council.
(2) In addition to compliance with the policies enumerated in CMC 13.16.010 and 13.16.020 and other conditions attached to the granting of any such application, the town council will not normally approve an outside utility agreement for water and/or sewer and water service unless the following additional conditions have been satisfied or agreed to in conjunction with the agreement by all owners and occupants of the property for which such service is to be provided:
(a) The town shall be provided an accurate legal description and the names of all owners and occupants of the property;
(b) The town shall be provided a binding commitment by the owners of the property that all lines and facilities for such service will be completed to town standards in accordance and regulations relating to installation and costs; that all costs involved in providing the lines and other facilities required for such service will be paid in full by the owner of the property; and that ownership of all main lines will vest in the town upon their completion;
(c) The town shall be provided a bill of sale transferring the ownership of all main lines constructed for such service to the town immediately upon their completion;
(d) The town shall be provided with easements satisfactory to allow entry upon private property for maintenance and repair of all main lines constructed for such service which are not located within public rights-of-way, which easements shall be provided immediately upon completion of the main lines;
(e) The town shall be provided accurate as-builts of all lines and facilities constructed for such service immediately upon their completion;
(f) The town shall be provided a bond issued by a corporate surety authorized to do business in the state of Washington to ensure the successful operation of all lines and facilities constructed for such service for a period of two years from the date service is commenced in such form that performance thereunder by the surety may be directly required by the town;
(g) The town shall be provided a binding commitment by the owners and occupants of the property to pay all connection fees and charges prescribed by town ordinances at the time of connection and all regular monthly service charges and outside utility surcharges prescribed by town ordinance during the period of service;
(h) The town shall be provided with a binding commitment by the owners and occupants of the property that the development of that property will be controlled by town ordinances, codes, regulations, standards and policies, all as if such property were within the town;
(i) The town shall be provided a binding commitment by the owners and occupants to provide such documents and take such steps as may be required by the town ordinance or administration or otherwise to ensure that all the town council’s policies and conditions relative to any grant of utilities outside the town limits will be complied with by all existing and future owners and occupants of the property served under penalty of cessation of such service, injunctive relief against noncompliance, and any other legal or equitable remedy allowed by law. [Ord. 415 § 3, 1997]