Chapter 13.92
WATER AND SEWER SERVICE OUTSIDE CITY LIMITS

Sections:

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

13.92.020    Water or sewer service application.

13.92.030    Charges for water or sewer service.

13.92.040    Utility extension agreement.

13.92.050    Extension for public health, safety or environmental reasons.

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

A. 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 and/or sewer service to property beyond its limits, the applicants for such service must comply will all of the terms and conditions of this title.

B. After designation of the city’s urban growth area boundary by Benton County as contemplated by RCW 36.70A.110, the city is prohibited from annexing property beyond such boundary (RCW 35A.14.05). 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 C 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.

C. The Growth Management Act, Chapter 36.70A RCW, allows 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 subsection, and under the procedures set forth in WRMC 13.92.050. [Amended during 2010 recodification; Ord. 37-06 § 1, 2006; Ord. 5-05 § 2, 2005].

13.92.020 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 director 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. [Ord. 37-06 § 1, 2006; Ord. 5-05 § 2, 2005].

13.92.030 Charges for water or sewer service.

Applicants for water and/or sewer service to property outside the city limits shall be charged the rate for such service as set forth in Chapter 13.56 WRMC (water service) and Chapter 13.26 WRMC (sewer service), 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. 37-06 § 1, 2006; Ord. 5-05 § 2, 2005].

13.92.040 Utility extension agreement.

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

A. Agreement to Run with the Property. The agreement shall be recorded against the property in the Benton 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.

B. 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.

C. Cost 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 engineer. Costs of plan review and construction inspection shall also be paid by the owner.

D. 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.

E. 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 completion of construction, approval and acceptance by the city.

F. Connection Charges. The owner shall agree to pay as a condition of connecting to the city water supply system and/or sewer system the connection charges set by the city in Chapter 13.09 WRMC (sewer) and/or Chapter 13.45 WRMC (water) as these sections now exist or may hereafter be amended. Such connection charges shall be calculated at the rate schedules applicable at the time of connection.

G. Agreement Not to Protest Annexation. The owner shall provide the city with an irrevocable power of attorney to allow a city representative to sign a petition for annexation on behalf of the property owner or the property owner shall agree to sign a petition(s) for annexation of his/her property when requested to do so by the city.

H. Waiver of Right to Protest Local Improvement District (LID) or Utility Local Improvement District (ULID). If, at the time of execution of the agreement, the city has plans to construct certain improvements that would specifically 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.

I. Development of Property to Conform to Municipal Code – Exceptions. The owner shall agree to comply with all requirements of the city’s land use plan, zoning, fire codes and those portions of the city building code which are referenced by the fire code, and the city public works standards when developing or redeveloping the property subject to the agreement. The city council may grant exceptions to the requirements contained in this subsection only under the following conditions:

1. The applicant must demonstrate that the proposed departure from the city’s land use standards, zoning code, or public works standards would result in a development which meets the intent of the applicable provisions of the comprehensive plan, zoning code or public works standards, based upon compliance with all of the following criteria:

a. 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;

b. That the site for the proposed use relates to streets, adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed uses and that adequate public utilities are available to serve the proposal;

c. That the proposed use will have no significant adverse effect on existing uses or permitted uses;

d. That 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 or 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.

J. 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 discontinue the utility, and for that purpose may at any time enter upon the property. [Ord. 37-06 § 1, 2006; Ord. 5-05 § 2, 2005].

13.92.050 Extension for public health, safety or environmental reasons.

A. Municipal corporations or quasi-municipal corporations such as water, sewer, or fire districts may make application for water or sewer service to property outside the city urban growth area boundary 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/or the environment. This showing may include, among other documentation, an emergency order issued by the Department of Ecology or Department of Health relative to any water or sewer extension request.

B. The city council shall review the application and may, in its sole discretion, allow the extension if the council finds:

1. That the requested service is financially supportable at rural densities and does not permit urban development.

2. That the city’s national pollutant discharge elimination system (NPDES) discharge permit will not be affected by the extensions.

3. That the extension is consistent with the goals of the city’s water and sewer comprehensive plans and all other applicable plans and law, including, but not limited to, the Public Water System Coordination Act (Chapter 70.116 RCW), and the State Environmental Policy Act (Chapter 43.21C RCW).

C. The city council’s approval of any extension under the criteria in subsection B of this section may be conditioned upon the following:

1. Restrictions may be placed on the hours that the city will accept sewage flow from the applicants.

2. Restrictions may be placed on the amount of sewage flow or water provided to the applicant.

3. For extensions outside the city’s urban growth boundary area, the applicant may have responsibility to maintain and operate its own facility.

4. Any other conditions the city council considers appropriate. [Ord. 37-06 § 1, 2006; Ord. 5-05 § 2, 2005].