HomeMy WebLinkAboutO-2774 - Adds Sec. 14.01.055; amends Sec. 14.01.050, sewer and water connections (14.01)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.~774
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON RELATED
TO UTILITY CONNECTION REQUIREMENTS, AMENDING SECTION 14.01.050
UTILITY CONNECTIONS REQUIRED AND ADDING A NEW SECTION 14.01.055
WATER CONNECTION REQUIRED.
WHEREAS, the City Council of the City of Marysville does find that from time to time it is
necessary and appropriate to review and revise provisions of the City's Water and Sewer Code (Title
14 :MMC); and
WHEREAS, after providing notice to the public as required by law, on March 10,2009 the
Marysville Planning Commission held a public hearing on proposed changes to the City's Water and
Sewer code and received public input and comment on said proposed revisions; and
WHEREAS, at a public meeting on May 11 th, 2009 the Marysville City Council reviewed and
considered the amendments to the water and sewer code proposed by the Maryville Planning
Commission;
WHEREAS, the City has submitted the proposed development regulation revisions to the
Washington State Department of Community, Trade, and Economic Development as required by
RCW 36.70A,106; and
WHEREAS, the City has complied with the requirements of the State Environmental Policy
Act, 01. 43.21CRCW, (SEPA) by adopting a detennination of non-significance forthe adoption of
the proposed revisions to the City's development regulations;
NOW, 1BEREFORE, 1HE OIT COUNOL OF 1HE OIT OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amending Section 14.01.050 'Utility connections required' to read as follows:
14.01.050 Sewer connection required
(1) The owner of any property within the city limits which is not connected to city sewer service,
shall be required to extend the sewer utility line which is within 200 feet of the structure to be
served, as measured along the usual or most feasible route of access, and to connect to the same for
all occupied structures on the property under any of the following circumstances:
(a) Upon construction of a building or structure which is designed for occupancy; or
(b) Upon construction of any additions, alterations or repairs within any 12-momh period
which exceed 50 percent of the value of an existing building or structure which is designed for
occupancy; or
(c) Upon any change in the occupancy classification of an existing building or structure on
the property; or
(d) Upon the failure of the on-site sewage disposal system on the property; or
(e). As a condition of approval for any new land division, including but not limited to
subdivision, shon subdivision, and binding site plan. In the case of new land divisions, the 200-foot
threshold shall apply. Beyond the 200-foot threshold, the owner shall be required to extend the
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SEW'ERAND WATERCONNEcnONS ORD
sewer utility line to all occupied structures regardless of distance tmless one of the following
exceptions apply:
i. The proposed subdivision is within an unsewered urban enclave which is defined as
an area within an urban growth area in which, in the opinion of the director,
connection to public sewer is not economically or technically feasible due to
manmade or natural barriers although public sewer may have been extended near
such area, and for which the Oty has cenified that it cannot reasonably provide
sewer service because of such barriers.
ll. The land division application proposes creation of no more than two lots and in
addition meets each of the following conditions:
a. The design for the land division includes specific provisions for future
accommodation of public sewers in a manner which will allow for future
development at appropriate urban densities. The director may require dty
sewers and side sewer stub outs.
b. The land division is configured in a manner which, in the opinion of the
director, provides reasonable assurance that subsequent redevelopment will
be at minimum or greater than minimum urban densities as outlined in the
city's comprehensive plan when sewer becomes available.
c. One of the proposed new lots is no larger than the minimum lot size
necessary to acconunodate an on-site sewage treatment system with the
reserve area required by the Snohomish Health District; and
d. The director includes as a condition of approval a prohibition of funher
subdivision or shon subdivision of the propeny until public sewer becomes
available.
(2) Approval of any land division application utilizing the exception in IvIMC 14.01.050(1) above
is contingent upon submittal of a legally binding agreement with the Oty, which must be recorded
with the propeny records of Snohomish County and in a form acceptable to the director, in which
the propeny owner and successors in interest agree to panicipate without protest in any sewer Local
Improvement District (LID) or Utility Local Improvement District (UUD), including agreement to
pay any connection fees and monthly charges assessed by the Oty, LID or ULID. Nothing in this
section shall be construed to limit the ability of the applicant or any successor in interest to challenge
the amount of any assessment.
(3) The owner of any propeny outside of the city limits, but within the utility service area, which
is connected to public water service as required in IvIMC 14.01.040(1) shall be required to extend the
city's sanitary sewer and connect to the same for all occupied structures on the propeny only if such
structures, or any of them, are within 200 feet of the existing sanitary sewer, as measured along the
usual and most feasible route of access, and only under the following circumstances:
(a) Upon construction of a building or structure which is designed for occupancy; or
(b) Upon construction of any additions, alterations or repairs within any 12-month period
which exceed 50 percent of the value of an existing building or structure which is designed for
occupancy; or
(c) Upon any change in the occupancy classification of an existing building or structure on
the propeny; or
(d) Upon the failure of the on-site sewage disposal system on the propeny.
(e). As a condition of approval for any new land division, including but not limited to
subdivision, shon subdivision, and binding site plan. In the case of new land divisions, the 200-foot
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SEWER AND WATER CDNNECI10NS ORD
threshold shall apply. Beyond the 200-foot threshold, the owner shall be required to extend the
sewer utility line to all occupied structures regardless of distance unless one the following exceptions
apply:
1. The proposed subdivision is within an unsewered urban enclave which is defined as
an area within an urban growth area in which, in the opinion of the director,
connection to public sewer is not economically or technically feasible due to
manmade or natural barriers although public sewer may have been extended near
such area, and for which the City has certified that it cannot reasonably provide
sewer service because of such barriers.
ii. The land division application proposes creation of no more than two lots and in
addition meets each of the following conditions:
a. The design for the land division includes specific provisions for future
accommodation of public sewers in a manner which will allow for future
development at appropriate urban densities. The director may require dry
sewers and side sewer stub outs.
b. The land division is configured in a manner which, in the opinion of the
director, provides reasonable assurance that subsequent redevelopment will
be at minimum or greater than minimum urban densities as outlined in the
city's comprehensive plan when sewer becomes available.
c. One of the proposed new lots is no larger than the minimum lot size
necessary to accommodate an on-site sewage treatment system with the
reserve area required by the Snohomish Health District; and
d. The director includes as a condition of approval a prohibition of further
subdivision or short subdivision of the property lllltil public sewer becomes
available.
(4) Approval of any building pemnt or land division application utilizing the exception in lVIMC
14.01.050(3) above is contingent upon subminal of a legally binding agreement with the Gty, which
must be recorded with the property records of Snohomish County and in a form acceptable to the
director, in which the property owner and successors in interest agree to participate without protest
in any sewer Local Improvement District (LID) or Utility Local Improvement District (ULID),
including agreement to pay any connection fees and monthly charges assessed by the Gty, LID or
UUD. Nothing in this section shall be construed to limit the ability of the applicant or any
successor in interest to challenge the amount of any assessment.
(5) Approval of any building permit or land division approval utilizing the exception in :MMC
14.01.050(3) above is contingent upon subminal of a legally binding annexation agreement as
established in.MMC 14.32.040(2). The annexation agreement must be recorded with the property
records of the Snohomish County and in a fom1 acceptable to the director, in which the property
owner and all successors in interest agree to annexation of the propenyto the Gtywhen proposed.
(6) The city land use hearing examiner shall have the authority to grant variances from
subsections (1) and (3) of this section. Applications for such variances shall be filed, in writing with
the director, together with a filing fee of $200.00. The applicant shall be given 10 days' notice of the
date on which the hearing exanliner 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:
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SEWER AND WATER CONNEClIONS ORD
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;
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
V1ClOlty;
c) That the authorization of such variance will not be materially detrimental to the public
interest, welfare of 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 city limits;
e) That the granting of such variances will not conflict with the city's annexation policies as
adopted by resolution.
14.01.060 Rights inspection and access.
City officials, employees and agents shall have the right to enter upon private property at all
reasonable times to inspect and test appliances, utility lirtes and appurtenances which are connected
to the city utility system. (Ord. 1434, 1985).
14.01.070 Criminal penalties.
It shall constitute a misdemeanor for any person or party to commit, authorize, solicit, aid, abet or
attempt the following tmlawful acts:
(1) Divert or cause to be diverted utility services by any means whatsoever;
(2) Make or cause to be made any connection or reconnection with the city utilities without the
authorization or consent of the city;
(3) Discharge any substance prohibited by IvIMC 14.05.020, includirtg effluent from private water
facilities, irtto the city's sewer system without the authorization or consent of the city;
(4) Prevent any utility meter or other device used in determining the charge for utility services
from accurately performirtg its measuring function by tampering or by any other means;
(5) Tamper with any property owned or used by the city to provide utility services;
(6) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or
reason to believe that, the diversion, tampering or unauthorized connection existed at the time of
the use or that the use or receipt was without the authorization or consent of the city.
Said criminal acts shall be punishable by a fine not to exceed $1,000. Each day that a violation
continues shall constitute a separate offense. The crimirtal penalties provided in this section shall be
construed as being cumulative with civil damages provided in MMC 14.01.080. (Ord. 1434, 1985).
14.01.080 Civil action for damages.
The city may bring a civil action for damages agairtst any person or party who commits,
authorizes, solicits, aids, abets or attempts any of the following:
(1) Divert or cause to be diverted utility services by any means whatsoever;
(2) Make or cause to be made any connection or reconnection with the city utilities without the
authorization or consent of the city;
(3) Discharge any substance prohibited by MMC 14.05.020, irtcluding effluent from private waste
facilities, into the city's sewer system without the authorization or consent of the city;
(4) Prevent any utility meter or other device used in determining the charge for utility services
from accurately perfoffi'ling its measuring function by tampering or by any other means;
(5) Tamper with any property owned or used by the city to provide utility services;
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SEWER AND WATIR CONNECTIONS ORD
(6) Use or receive the direct benefit of all or a portion of the utility service with lmowledge of, or
reason to believe that, the diversion, tampering or unauthorized connection existed at the time of
the use or that the use or receipt was without the authorization or consent of the city.
In any civil action brought under this section, the city may recover from the defendant as
damages three times the amount of actual damages, if any, plus the costs of the suit and reasonable
attorney's fees, plus the costs incurred on account of the bypassing, tampering, or unauthorized
reconnection, including but not limited to costs and expenses for investigation, disconnection,
reconnection, service calls and expert witnesses.
If the damage is done to utility property which is located on premises which are served by city
utility service and which are owned or occupied by the party or parties responsible for the damage,
the judgment may be added to the utility bill for the premises and may be collected pursuant to
Chapter 14.0~ MMC. (Ord. 1434, 1985).
Section 2. Adding a new Section 14.01.055 'Water connection required' to read as follows:
14.01.055 Water connection required.
(1) The owner of any property within the city limits which is not connected to city water service
shall be required to extend the water service, and to connect to the same for all occupied structures
on the property under any of the following circumstances:
(a) Upon construction of a building or structure which is designed for occupancy; or
(b) Upon construction of any additions, alterations or repairs within any 12-month period
which exceed 50 percent of the value of an existing building or structure which is designed for
occupancy; or
(c) Upon any change in the occupancy classification of an existing building or structure on
the property; or
(d) Upon the failure of the on-site sewage disposal system on the property.
(e). As a condition of approval for any new land division, including but not limited to
subdivision, short subdivision, and binding site plan.
(2) The extension of water service is required as outlined in Section 14.01.055(1)(a-e) unless one
of the following exceptions applies:
i. An alteration, expansion, or replacement of an existing structure which does not
require the installation of additional plumbing fixtures;
ii. The structure, consistent with the requirements of the International Building Code
(IBe) as adopted by the City, lawfully incorporates no plumbing fixtures;
ill. The structure is located in an area in which public water connection will not be
available within the next six years, according to the City's adopted Capital
Facilities Plan.
(3) Approval of any building permit or land division application utilizing one of the exceptions in
1v1IVIC 14.01.050(1) above is contingent upon submittal of a legally binding agreement with the City,
which must be recorded with the property records of Snohomish County and in a form acceptable
to the director, in which the property owner and successors in interest agree to participate without
protest in any water Local Improvement District (LID) or Utility Local Improvement District
(UUD), including agreement to pay any connection fees and monthly charges assessed by the City,
UD or UUD. Nothing in this section shall be construed to limit the ability of the applicant or any
successor in interest to challenge the amount of any assessment.
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SEWER AND WATER CONNECI10NS ORD
(4) The owner of any property outside of the city limits, but -within the utility service area, which
is not connected to public water service shall be required to extend the public water service and
connect to the same for all occupied structures on the property, under any of the following
Clrcumstances:
(a) Upon construction of a building or structure which is designed for occupancy; or
(b) Upon construction of any additions, alterations or repairs -within any 12-momh period
which exceed 50 percent of the value of an existing building or structure which is designed for
occupancy; or
(c) Upon any change in the occupancy classification of an existing building or structure on
the property; or
(d) Upon the failure of the on-site sewage disposal system on the propelty.
(e). As a condition of approval for any new land division, including but not limited to
subdivision, shon subdivision, and binding site plan.
Unless one of the following exceptions applies:
i. An alteration, expansion, or replacement of an existing structure which does not
require the installation of additional plumbing fixtures;
11. The structure, consistent -with the requirements of the International Building Code
(!Be) as adopted by the City, lawfully incorporates no plumbing fixtures;
w. The structure is located in an area in which public water connection will not be
available -within the next six years, according to the City's adopted Capital
Facilities Plan.
(5) Approval of any building permit or land division application utilizing one of the exceptions in
.MIv1C 14.01.050(3) above is contingent upon submittal of a legally binding agreement -with the City,
which must be recorded -with the property records of Snohomish County and in a form acceptable
to the director, in which the property owner and successors in interest agree to participate -without
protest in any water Local Improvement District (LID) or Utility Local Improvement District
(ULID), including agreement to pay any connection fees and monthly charges assessed by the City,
LID or UUD. Nothing in this section shall be construed to limit the ability of the applicant or any
successor in interest to challenge the amount of any assessment.
(6) Approval of any building permit or land division approval utilizing the exceptions in.MIv1C
14.01.050(3) is contingent upon submittal of a legally binding annexation agreement as established
in.MIv1C 14.32.040(2). The annexation agreement must be recorded with the property records of
the Snohomish County and in a fOlm acceptable to the director, in which the property owner and all
successors in interest agree to annexation of the property to the City when proposed.
The city land use hearing examiner shall have the authority to grant variances from subsections
(1) and (3) of this section. Applications for such variances shall be filed, in writing with the director,
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:
f) 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;
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g) 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
VlCilllty;
h) That the authorization of such variance will not be materially detrimental to the public
interest, welfare of the environment;
i) 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 city limits;
j) ll1at the granting of such variances will not conflict with the city's annexation policies as
adopted by resolution.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or work 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 constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
PASSED by the GtyOxillcil and APPROVED by the lv1ayorthis g~ day of
Ju (\ -c<... ,2009.
OTY OF MARYSVIL~ J By.~L~
DENNIS L. KENDALL, MAYOR
By:
Approved as to form:
By:
Date of Publication:
Effective Date:
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SEWER AND WATER CONNECTIONS ORD