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HomeMy WebLinkAboutO-3028 - Related to MMC 14.01.050CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. 30}... ,?[' AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, RELATING TO EXEMPTIONS FROM EXTENDING SEWER TO ANY NEW LAND DIVISION LOCATED GREATER THAN 200 FEET FROM A SEWER MAIN AND THE MAXIMUM LOT SIZE FOR THE PROPOSED LAND DIVISION BY AMENDING SECTION 14.01.050 OF THE MARYSVILLE MUNICIPAL CODE. WHEREAS, the City Council of the City of Marysville finds that from time to time it is necessary and appropriate to review and revise provisions of the City's municipal code; and WHEREAS, during public meetings on March 8, 2016, the Planning Commission discussed proposed amendments to MMC 14.01.050 relating to exemptions from extending sewer to any new land division located greater than 200 feet from a sewer main and the maximum lot size from the proposed land division; and WHEREAS, on June 14, 2016 the Planning Commission held a duly-advertised public hearing; and WHEREAS, on June 14, 2016 the Planning Commission made a Recommendation to City Council recommending amendments to MMC 14.01.050 relating to exemptions from extending sewer to any new land division located greater than 200 feet from a sewer main and the maximum lot size from the proposed land division; and WHEREAS, at a public meeting on July 11, 2016 the Marysvil le City Council reviewed and considered the Planning Commission's Recommendation and proposed amendments to MMC 14.01.050 relating to exemptions from extending sewer to any new land division located greater than 200 feet from a sewer main and the maximum lot size from the proposed land division; and WHEREAS, the Marysville City Council finds that it is in the best interest of the community to adopt amendments to MMC 14.01.050 relating to exemptions from extending sewer to any new land division located greater than 200 feet from a sewer main and the maximum lot size from the proposed land division; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF MARYSVILLE AS FOLLOWS: Section 1. Amendment of Municipal Code. MMC Section 14.01.050, entitled "Sewer connection required," is hereby amended 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- 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; or (e) As a condition of approval for any new land division, including but not limited to subdivision, short 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 sewer utility line to all occupied structures regardless of distance unless one of the following exceptions applies: (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 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; however, on a case-by-case basis, the director may approve lots 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. if in the determination of the director the applicant meets the intent of subsections (A) & (B) of this section; and (D) The director includes as a condition of approval a prohibition of further subdivision or short subdivision of the property until public sewer becomes available. (2) Approval of any land division application utilizing the exception in subsection (1) of this section 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 sewer 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 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 property outside of the city limits, but within the utility service area, which is connected to public water service as required in MMC 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 property 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 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, short 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 sewer utility line to all occupied structures regardless of distance unless one of the following exceptions applies: (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 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; however, on a case-by-case basis, the director may approve lots 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, if in the determination of the director the applicant meets the intent of subsections (A) & (B) of this section; and (D) The director includes as a condition of approval a prohibition of further subdivision or short subdivision of the property until public sewer becomes available. (4) Approval of any building permit or land division application utilizing the exception in subsection (3) of this section 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 sewer 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 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. (5) Approval of any building permit or land division approval utilizing the exception in subsection (3) of this section is contingent upon submittal 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 form 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. (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 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; (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 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. Section 2. Severability. If any section, 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 constitutionality of any other section, subsection, s~ntence, clause, phrase or word of this ordinance. Section 3. Effective Date. This ordinance shall become effective five days after the date of its publication by summary. PASSED by the City Council and APPROVED by the Mayor this I l day of "Ju (l/\ , 2016. J CITY OF MARYSVILLE By: ::t,est ~ APRIL O'BRIEN, DEPUTY CITY CLERK Approved as to form: By -~ -- . J N WER,CTTY 7tr Date of Publication: 7Jt; J/J 7 '/{).1 h (/ Effective Date: (5 days ifter7publication)