HomeMy WebLinkAboutO-2606 - Amends Ch. 14.32, utility service area (14.32)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO. 2606
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AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON
AMENDING MMC CHAPTER 14.32 RELATING TO THE CITY'S UTILITY
SERVICE AREA REGULATIONS.
WHEREAS, the Marysville City Council adopted a GMA Comprehensive Plan on
April 25, 2005 that included neighborhood plans for various subareas in the Marysville
Urban Growth Area;
WHEREAS,these neighborhood plans included annexation and development
strategies for various neighborhoods including Planning Area #4:East
SunnysidelWhiskey Ridge, Planning Area #5: Getchell Hill, Planning Area #10:
Smokey Point, and Planning Area #11: Lakewood;
WHEREAS,these annexation strategies provide guidance for annexation of
these areas prior to urban service provision (sewer service) and strategies for area
development if included within the Marysville Urban Growth Area;
WHEREAS,the Marysville City Council adopted Resolution 2151 on July 25,
2005 adopting an annexation policy for the City of Marysville;
WHEREAS,Resolution 2151 establishes a priority sequence for future
annexation areas within the Marysville Urban Growth Area including potential Urban
Growth Area expansion areas;
WHEREAS,Section 1 (3) (b)&(c) of Resolution 2151 states that the City of
Marysville will initiate annexation of certain mapped "future annexation areas" prior to
development applications and avaiiability of water and sewer service by the City of
Marysville;
WHEREAS,Section 4 of Resolution 2151 states that the City, through its utility
codes and utility planning, will support and promote annexation and logical extension of
urban services within the UGA to implement the City's adopted land use plan;
WHEREAS,on November 28, 2005 foilowing a duly-advertised notice, the
Marysville City Council held a public hearing and accepted comment from City staff and
the public;
WHEREAS, following said public hearing the record was held open until
December 2, 2005 to accept written comment;
ORDINANCE - 1
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NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO HEREBY ORDAIN AS FOLLOWS:
Section 1: Chapter 14.32 of the Marysville Municipal Code is hereby
amended and shall read as follows:
Chapter 14.32
UTILITY SERVICE AREA
Sections:
14.32.010 Utility Service Area established - Purposes.
14.32.015 Water Service Area
14.32.020 Areas excluded from USA.
14.32.030 USA plan.
14.32.040 Criteria for utility connections within USA.
14.32.045 Expansion of City's UGA
14.32.050 Implementation rules.
14.32.060 Administrative procedure.
14.32.010 Utility Service Area established -Purposes.
(1) There is established a Utility Service Area (USA) for the provision of
sanitary sewer and water, the boundaries of which for sewer shall be the
City'S Urban Growth Area (UGA) as it now exists or is hereafter amended.
The boundaries of the USA for purposes of water shall be as provided in
MMC 14.32.015.
(2) The purposes of USA shall be to allow the city to establish long-
range plans for the growth and control of its sanitary sewer and water
utility system outside of the city limits but within the city's UGA, and to
accurately forecast the demand for the same; to provide property owners
and Snohomish County authorities with an indication of the city's long-
range utility plans. The USA shall not be construed as establishing the city
as a "public utility" for properties located therein, nor shall it be construed
as establishing express or implied rights for any property to connect to the
city's sanitary sewer or water system. All utility connections are on the
basis of special contracts with the city, and such contracts shall be
granted or denied, as a governmental function of the city, pursuant to
provisions of this chapter. The USA shall not be construed as the exercise
of the city's police power or utility jurisdiction over any properties not
connected to the utility system. The USA is nonexclusive, and does not
affect the right of any other utility district or purveyor to provide services
therein.
ORDINANCE -2
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14.32.015 Water Service Area.
In accordance with WAC 248-56-730, the City of Marysville in
conjunction with adjacent water purveyors,county, and state agencies
prepared and adopted "The Snohomish County Critical Water Supply
Service Area Map." This map identifies the city's future service area
boundary for water, commonly referred to as the CWSP (coordinated
water system plan). To the greatest extent practicable, the water service
area shall be consistent with the city's UGA. Adjustments to this boundary
shall be completed as defined in the "Agreement For Establishing Water
Utility Service Area Boundaries" and applicable State law. Establishment
of such boundary shall not be construed as a commitment,either express
or implied, to provide water service to any property therein. (Ord. 2375 §
7,2001;Ord. 1242 §1, 1982).
14.32.020 Areas excluded from USA.
The city shall not contract to provide or serve water or sewer utilities to
any properties located outside of the city limits and outside of the adopted
service boundaries for sewer and water as set forth in MMC 14.32.010
and 14.32.005. (Ord. 2375 §7, 2001; Ord. 1242 §2,1982).
14.32.030 USA Plan.
The city shall adopt a Growth Management Act (GMA) Comprehensive
Plan as required by the Growth Management Act and other applicable
statutes and laws. Such plan, including the city's Comprehensive Water
and Sewer Plan subelements shall be the city's USA Plan. The plan may
be prepared as a whole or in successive parts.It shall include a map
designating land use classifications and density limitations consistent with
the city's comprehensive plan for properties within the USA. Its purpose
shall be to allow the city to anticipate and influence the orderly and
coordinated development of a utility network, and urbanization, in the
USA, and to insure that the city's utility system retains adequate capacity
to serve all propertieswithin the city limits and to meet existing contractuai
obligations. Proceduresused in adopting or amending the USA plan shall
be the same as those required for adopting or amending a land use
comprehensive plan of the city. The USA plan, and all amendments
thereto, shall be filed with the appropriate governmental agencies as
required by law. (Ord. 2375 §7, 2001; Ord. 1242 §3,1982).
14.32.040 Criteria for utility connections within USA.
The city is under no obligation to provide water and sewer utility
services to any properties located outside of the city limits, with the
exception of those already under contractwith the city privatelyor through
a utility local improvement district.However,any application for such
services within the USA boundaries shall be reviewed and granted, or
denied, in the city's discretion, pursuantto the following criteria:
ORDINANCE - 3
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(1) Priority shall be given to properties located within an established
ULID and properties having some pre-existing contractual relationship with
the city for utilities. A lien imposed against property by a recovery contract
entered into between the city and a developer does not constitute a
contract right which will grant a priority hereunder.
(2) A property applying for a utility connection must be suitable for
ultimate annexation to the city based upon its proximity to the city, the
long-range plans of the city to annex that area, the city's annexation policy
as established by resolution, the proposed use of the property, the
potential urbanization which will result from the. use, and the
environmental and economic impact of such urbanization and the
annexation of the property into the city. The owner of any property granted
utility connections shall sign a petition to annex the property to the city,
and may be required to obtain similar petitions from other property owners
in the immediate vicinity so as to compose a logical extension of the city's
boundaries.Except as provided in MMC 14.32.045,in the event that the
property granted utility connections is not then contiguous to the city limits,
or within two parcels of the city limits, the city may waive the requirement
for an annexation petition and may allow the owner, instead, to sign a
covenant agreeing to petition for and/or consent to an annexation of the
property immediately upon the same becoming contiguous to the city
limits or upon it being included within a larger annexation proposal. The
covenant shall be binding upon the owner, its heirs,successors and
assigns, and shall be construed as a covenant running with the land. It
shall be recorded in the records of the Snohomish County auditor prior to
connection of the property to the utility system; provided, however, the
requirements of this subsection shall not apply to properties within another
jurisdiction's city limits or urban growth area of another city in which the
city of Marysville has by agreement with such city committed to serve
water and sewer utillties.
(3) The existing or proposed use for the property shall be consistent
with the then-current USA plan as adopted by the city. Utility services shall
be conditioned upon continued compliance with the USA plan. If
inconsistencies exist between the USA plan and Snohomish County's
comprehensive plan, they shall be resolved pursuant to MMC
14.32.050(3).
(4) Properties located outside the city limits of Marysville seeking city
sewer service shall also be required to connect to water service from the
city. Any variation from this requirement shall be processed pursuant to
MMC 14.01.040.
(5) Priority shall be given to proposals which will have the least adverse
impact upon the existing utility system and its capacity to serve all
properties within the city limits. An analysis shall be made of the remaining
capacity of the city water and sewer infrastructure and of the foreseeable
demand for the same by properties within the city limits. The proposed
ORDINANCE - 4
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project shall be analyzed with respect to its size and density of
development,quantity of utility services demanded (average flow and
peak periods), special treatmentor hazards involved,and the potential for
expansion or change of use after original connections are granted. No
connection shall be approved which is inconsistent with the long-range
plans of the utility system,the City's GMA Comprehensive Pian, including
the City's Comprehensive Water and Sewer Plan subelements adopted
pursuantto the GrowthManagementAct, or whichwouldjeopardize public
healthor safetyor the environment.
(6) The cost of serving the property with city utilities should be
compared with the projections for revenue to be derived therefrom. If
major capital improvements are required to service the property, methods
of financing the same must be analyzed in light of the city's other
budgetary priorities.
(7) Priority shall be given to properties which are in close proximity to
existing utility lines with adequate reserve capacity.Connections will be
discouraged which will require lengthy extensions or which will open new
areas for developmentandwill create newdemand for city utilities.
(8) City utilities will not be offered for properties which have other
practical and feasible sourcesfor such services.
(9) Utilities will not be granted where such service,and the city's
regUlation thereof, would create a conflict with another municipal
jurisdiction or utility district. Except as otherwise provided by the terms of
an agreement between the city of Marysville and another municipal utility
purveyor.utilities will not be granted where annexation of the property
would be legallyimpossiblebecauseof conflicting jurisdictions.
(10) There must be a finding that the extension of utilities to the
property, and the urbanization of the property,will create no substantial
adverse environmental or economic impact.(Ord. 2375 § 7, 2001; Ord
2095§§1,2,1996;Ord.1853§2,1991;Ord.1613,1988;Ord.1242§4,
1982).
14,32.045 Expansion of City's UGA,
Notwithstanding any other provisions of this Chapter,from and after
December 12,2005 any unincorporated area of Snohomish County added
to the Marysville UGA, which is depicted on the map described below,
shall, as a condition of receiving city water or sewer service, be required
to first annex to the City of Marysville.No letter of water or sewer
availability shall be issued by the City for development projects accepted
or approved by Snohomish County for properties located in the areas
depicted on the map described below.A map depicting those properties
and areas SUbject to this requirement shall be kept on file at the City
Departmentof Community Development and shall be updated annuallyor
as the City's UGA is revised.Said map shall be available for public
inspection during normalbusinesshours.
ORDiNANCE -5
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14,32,050 Implementation rules.
To implement and interpret this chapter, the following rules shall apply:
(1) Annexations of properties connected to city utilities will not be on a
piecemeal basis, but will follow the city's annexation policy as established
by resolution, Delay by the city in implementing an annexation petition or
covenant shall not be construed as a waiver of the same.
(2) Utility service to properties within a ULlD, or to other properties with
pre-existing contractual commitments from the city, is contingent upon
compliance with MMC 14.32.040(1) through (5). The remaining
subsections of MMC 14.32.040 shall notapply to such properties.
(3) In the event that the USA plan is inconsistent with Snohomish
County's comprehensive plan, the USA plan shall prevail for purposes of
this chapter.
(4) Where a Snohomish County zoning classification allows a use of
undeveloped property which is inconsistent with the USA plan, the USA
plan shall prevail over the county zoning classification,
(5) Where Snohomish County zoning controls allow planned residential
developments, and concepts of clustering and lot size averaging,
development in conformance thereto shall be construed as being
consistent with the USA plan if the overall density does not exceed that
permitted by the USA plan.
(6) Duplexes shall not be granted utility services in a single-family
residential planning area unless they are consistent with the density
provisions of the city's comprehensive plan.
(7) The city maintains transmission mains for the purpose of
transporting water, in bulk, from the city's wells to the distribution system.
The city reserves the right to abandon such transmission mains, and all
direct connections of individual properties thereto are subject to this
condition. In the event of such abandonment, all property owners
connected to the main shall have the right to privately repair and maintain
the main, and appurtenances, as a means of obtaining water from any
public or private source, on terms agreeable with the city.
(8) Utility service to any property within USA shall not be expanded to
serve any abutting properties without express approval from the city. No
implication that such approval will be granted shall arise from utility service
to the subject property.
(9) Continued utility service to any property within USA shall be
conditioned upon payment of all fees and charges, compliance with all
rules and regulations of the city utility code, and continued conformity to
the USA plan. A violation shall result in tenmination of utility service and, at
the option of the city, termination of all future service rights for the subject
property. (Ord. 2375 §7, 2001; Ord. 1276, 1983; Ord. 1242 §5, 1982).
ORDINANCE - 6
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14.32.060 Administrative procedure.
(1) Applications for Utility Connections. Owners of property within USA
who desire to connect to city utilities may file an application for the same
with the city engineer, or his designee, on forms provided by the city. All
such applications shall be accompanied by the application fee required in
MMC 14.07.005A and payment in full of all assessments and connection
fees required by city code, and where applicable, by a fully executed
annexation petition or covenant. No letter of utility availability shall be
issued until such time that the city has reviewed a development proposal
for consistency with the USA plan and this Chapter.
The city engineer, or his designee, shall determine whether applications
are complete, and may require the submittal of additional documentation,
including an environmental/economic impact statement, if necessary. The
decision of the city engineer, or his designee, concerning the grant or
deniai of a ietter of water or sewer availabilty shall be in writing and shall
be mailed to the applicant at the address stated on the application form.
(2) Application Granted - Duration. if the connection is granted, the
applicant shall have a period of 12 months to comply with all city codes
and requirements and complete the utility connections to the property. If
the same are not so completed, the applicant's right to a connection shall
become void. If an availability letter reiates to lots within a proposed formal
plat, short plat, or binding site plan, the applicant shall have a period of
two years to comply with all city codes and requirements and complete the
utility connections to the property. If the same are not so completed, the
applicant's utility application shall become void.
(3) Application Denied - Appeal. If the connection is denied, or the
application letter rejected, or if an applicant is aggrieved by conditions
imposed by the city engineer, an appeal may be filed within 14 days of the
date of the city engineer's decision. Such appeal shall be filed with the city
engineer and shall be processed in accordance with the procedures for
administrative appeals outlined in MMC Title 15. Appeals must be
accompanied by the fee required in MMC 14.07.005A.
(4) Variances. The City Land Use hearing examiner shall have authority
to grant variances from any and all provisions of this chapter, and from the
adopted USA plan. Applications for such variances shall be filed, in
writing, with the city engineer, together with a filing fee of $200.00. The
applicant shall be given 10 days' notice of the date on which the hearing
examiner shall consider the variance. The hearing examiner is authorized
to issue such variances only if it is found that a literal enforcement of this
chapter would cause practical difficulties or unnecessary hardships. No
such variance shall be authorized unless the examiner finds that all of the
following facts and conditions exist:
(a) That there are exceptional or extraordinary circumstances or
conditions applying to the subject property or as to the intended use
thereof that do not apply generally to other properties in the same vicinity;
ORDINANCE -7
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(b) That such variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant possessed by the
owners of other properties in the same vicinity;
(c) That the authorization of such variance will not be materially
detrimental to the public interest, welfare or the environment;
(d) That the granting of such variance will not be inconsistent with the
long-range plans of the city utility system, or jeopardize utility availability
for properties within the city limits.
(e) That the granting of such variances will not conflict with the City's
annexation policies as adoped by resolution.
Provided, that the variance criteria in subsections (4)(a) and (4)(b) of
this section shall not be required, and a variance may be granted soielyon
the basis of the criteria in subsections (4)(c) and (4)(d)of this section in
the following limited cases: those applications where a variance from the
provisions of the City's annexation policies or USA boundary is needed to
allow water service or sewer service to one single-family residence;
provided, that a city water line or sewer line must be in reasonably close
proximity to the residence, and there must be no altemative source of
domestic water supply or sewer service which is practical under the
circumstances.
In authorizing a variance, the hearing examiner may attach thereto such
conditions as deemed necessary to carry out the spirit and purposes of
this chapter and to protect the long-range pians of the city utility system
and the publlc interest. Each variance shall be considered on a case-by-
case basis and shall not be constnued as setting precedent for any
subsequent application. A variance shall become void if the utility
connection allowed has not been completed in accordance with the time
schedule provided in subsection (2) of this section. The decision of the
hearing examiner on a variance shall be final, and no similar application
for the same property may be filed for a period of six months thereafter.
Any party aggrieved by the decision of the hearing examiner on a variance
shall have a right to file a petition under the Land Use Petition Act in the
Snohomish County superior court; provided, that the application must be
filed and served within the timeframes prescribed by Chapter 36.70C
RCW.
(5) Extended Time for Connections. In the event that a utility connection
approved pursuant to subsection (2) or (4) of this section cannot be
completed within the time period specified therein, the applicant may be
granted one or more extensions by the city engineer; provided, that an
extension must be requested while connection rights are still valid, and
shall only be granted for good cause shown and for the minimum period
necessary to complete the connection; provided further, that the city
engineer may impose a condition on any extension so as to require the
applicant to immediately pay all capital improvement charges reasonably
projected for the SUbject property (Which payment shall be nonrefundable),
ORDINANCE·8
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and so as to require the applicant to immediately commence paying
minimum service charges reasonably projected for the subject property
(which payments shall be nonrefundable). Extensions provided for herein
are privileges and not rights, and shall be granted or denied in the
discretion of the city engineer. The decision of the city engineer shall be
final. (Ord. 2375 §7, 2001; Ord. 1431, 1985; Ord. 1267, 1982; Ord. 1242
§6, 1982).
Section2: Effective Date. This ordinance shall become effective 5 days following its
passageand publication- December 12, 2005.
Section 3:Severability.If any seeton, subsection,sentence, clause, phrase or word of
this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionalityof any other section, subsection,sentence, clause, phrase or word of this
ordinance.
PASSED by the City Council and APPROVED by the Mayor this ~day
of~2005.
CITY OF MARYSVILLE
B6~~al~
ATTEST:
BY~~
CpERRYBECR>CrtYClerk
Approved as to form:
B~CW~
GRANT K. WEED, CityAttor jY
Date of Publication:/2-1 tr7 JlSr ,
ORDINANCE - 9
W!mv/Ord.MMCChaptcrI4.32F