HomeMy WebLinkAboutO-1149 - Adds section to Ch. 14.04 and 14.14, water and sewers (Repealed by 1242).'..
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CIT Y
,o F M.'r'\,R Y S V ,r L L E
Marysviije~W~shington
ORDn-JANCE NO.//Lt 9
·An Ordinanc~~t the City of Marys~il.le adding new
s~ctions to Chaptersl4,.04 and 14.14 of the'Marysville
Municipal Code requiring all new water and sewer
conriections,to be for properties located within the
utility service 'are~.'
THE CITY COUNCIL'OF'THE CITY OF MAR'ySV-rLEE ,WASI'II'KGTON DO
.ORDAIN AS FOLLOWS:
,g~c~ion 1.A new secti~n is bdd~d to Chapter'14.04:of
the Marysville Municipal Code ~ro~idihg as follows:
UtilitySer~ice Area.
(a)The City shall establish a water utiiity
service area,the boundaries of which shall be adopted
,by resolution of the City 'Council and approved by the
Snohomish County Boundary Review Board.Said boundaries
may extend,pe~ond the City limits,provided that the
same are,consistent with long-range land us.e .plannirg
ali.d~ti~'ity planning of t.heCityyand.rprovf.ded that 'there ,is no
adverse imparrtupon,the.envi ronment.:onupon ..the av eli 1ab iIi t Y
'and'adequacy of'uti 1 i ty s er vi.ce to pr oper t Les wi thin
the City limit~.Th~~til±ty ser~ice:area adopted by
the City ~hall not be ,construed as establishing the
City as a pubLi csu t i.l.Lty.t.f o r.properties not already
conn~~ted to theutility~~stem,nor shall it be
construed as establishing ixpress:(:or implied rights
for any pro~erty owner to connect to the City's utility
system.'",'..
(b)T~e City shall not permit any new connections
for water titility service to any property which is
'located ou~side of the adopted utility service area.
'(c)The City Council shall have authority to grant
a variance from the requirements of sub-section (b)above.
Applications for such a yariance shall be filed,in '
writing,with the City Clerk,together with a filing
f e ev o f $50.00.The applicant shaLI be given ten days
notice of th~'date on which the Citv Council shali,
consider the varianc~.The Citv Co~ncil is authorized.,
to ,issue variances and allow water connections outside
the utili~y service area only if it is found that a
·literal enfor~ement of sub-section (b)above would
criuse practical difficulties or unnecessary hardships
which would deny the applicant :'~all beneficial use
of -h is property,and that such ci rcumstances are unique
to the applicant's property and not generally ~hared by
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other pr-oper ti.e s in the vicinity.No:variance .sha.l I
be granted which would be detrimental ~o the public'
interest~welfare 'or the environment;or which would
be inconsist~nt with t~e lqng-range plans of th~
Marysville utility system.Each variance shall be
conside~e~on a.case-by~case basis,and shall not be
construed as ~ettingprecede~t for any subseq~ent'
application.The decision of the City Council on a
variance application shall be final,subject to appeal
to the Snohomish County Superior Court within a t~enty-
day period,thereafter.'
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Section 2.A new section is added to Chapter 14.04 of the
Marysville Municipal Code providing as follows:
Uti·lity ,Service Area.
(a).The~Cit~shall'establ{~h a sewer utility
service area,the boundaries of which shall be adopted
by resolution of the City Council and approved by the
'Snohomish C00nty Boundary Review Board.Said b6undaries
may extend beyond the City limits,provided that the
same are consistent with long-range land use planning
and:u:t:.ilitY',.pla.nning,:·o£.there Ci ty,andprovrded that;.thereus -no adverse
impact upon theenviroriment or upon the availability
and adequacy,of ut i Lit y service.to properties wi thin,
the City limits ..The utility ~ervice area adopted by
the City shall not be cohstrued as establishing the
City as a public utility for properties not already
connected to the utility system,nor shall it.be'
construed as 'es t ab Lis h.ing exp r es s.ed or implied'rights
for any property owner to connect to the City's utility
system.
(b)'The Citysh~ll .not permit any new conn6ctions
for sewer utility s~rvice to any property which is
located outside of the adopted 0tility service area.
(c)The Ciiy Council shall have authority to grant
a variance from the requirements,of sub-section (b)above.
Applications £,or$uch a vvar i.anc e :shall be filed,in
wri t ing,wi th "t he .C i ty Clerk,together with a fi.ling
fee of $50.00~fTheapplicant shall be given ten days
notice of the XMl'te on which the Ci.t y Council shall'
coris ide r the:var ianc e ;'The Ci t y Council .i s authorized
t6 ~~sue variances and allow sewer connections outside
the utility ~ervi~e ~iea only if it is found that ~'
Jl t er aI -enf orc emen.t.of sub-se'c t i on (b)ab ove wo ul d
cause ,pfac t i.c a l,.di f f:i.',s:ulf,i e s''or'.,unnece ss ary hardships
which woul.d de nyrt he applicant ,..,'.all beneficial use
of his,prpperty,and that .such circumstances are unique
tQ the applicantJs'ptoper~y'and not generally share~by
other pr oper t i.es.·in the v i c.i ni ty.No variance shall
be granted whi6h would'be detrimental to the public
interest~welfare or the_en~iron~ent,or which would
be Lncons i s-t.en t..w ith .t hetLong-cr ange plans of the
Ma r y sv i Llcvu tiLi t y svs t em .Each variance shall beII
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'considered on a case-by-case basis,and shall not be
construed as s~tting precedent for ~ny subsequent
application.The decision'of the City Council an a
variance application shalY be final,subject ta appeal
to the Snohomish County Superior Court within ~twenty-
day period thereafter.
,PASSED bj the,City Council and,APPROVED by the Mayor this;?f._h day 0 f Ot:.'/""C)J,e y 19 80 .
THE CITY OF MARYSVILLE
BY~/Mayor.:
Attest:
Approved as to form:.p...~..'.'
B ».,pt,L t?4<-fG "6tAttorne~.~.~
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Ordinancel3
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