Chapter 13.36
WATER AND SEWER SERVICE EXTENSIONS OUTSIDE OF CITY LIMITS
Sections:
13.36.020 Applicable policies – Sewer service.
13.36.030 Applicable policies – Water service.
13.36.040 Additional policies – Both sewer and water service.
13.36.010 Intent.
The City of Ferndale has established a policy intended to restrict private-use water and sewer extensions outside of the City limits, except in those cases where an imminent health emergency exists. Extensions of water and sewer service outside of the City limits are prohibited when such extensions would result in the further development or expansion of nonessential public or private services or uses.
If the City Council determines that an extension is warranted, such service will be permitted only on an individual contractual basis for specific property, which contract or agreement will specify the terms and conditions of such service in detail, including any exceptions allowed and any conditions imposed which may be different from the statement of policy of this chapter. The City shall not have an express or implied obligation to provide sewer and/or water service to any property outside the City limits, regardless of that property’s location within an Urban Growth Area, in close proximity to services, or in an area that is otherwise served by the City. (Ord. 1777 § 1, 2013; Ord. 716 § 3, 1983)
13.36.020 Applicable policies – Sewer service.
A. When City sewer service is sought within a portion of the Ferndale Urban Growth Area that is eligible for annexation, and when there is no imminent health danger, the property owner may request an annexation to the City of Ferndale as per Chapter 13.38 FMC.
B. When City sewer service is sought within a portion of the Ferndale Urban Growth Area that is not eligible for annexation, and when there is no imminent health danger, the request shall be denied.
C. When City sewer service is sought outside of the existing City limits in an area where services are already available within 200 feet of the subject property, and when there is an imminent health danger as determined by the Whatcom County Health Department that cannot otherwise be mitigated without removing the existing land use, the City Council may consider an extension of services. The City Council shall consider the recommendation of professional staff, and shall require that all costs of such extension be borne by the property owner and comply with City design standards. In no case shall such an extension be misinterpreted to allow further subdivision or an increase in the development potential of the subject site.
D. When City sewer service is not currently available within 200 feet of the subject property, regardless of the property’s location, the request shall be denied. (Ord. 1777 § 1, 2013; Ord. 716 § 1, 1983)
13.36.030 Applicable policies – Water service.
A. When City water service is sought within a portion of the Ferndale Urban Growth Area that is eligible for annexation, and when there is no imminent health danger, the property owner may request an annexation to the City of Ferndale as per Chapter 13.38 FMC.
B. When City water service is sought within a portion of the Ferndale Urban Growth Area that is not eligible for annexation, and when there is no imminent health danger, the request shall be denied.
C. When City water service is sought outside the existing City limits where services are already available within 200 feet of the subject property, and when there is an imminent health danger as determined by the Whatcom County Health Department that cannot otherwise be mitigated without removing the existing land use, the City Council may consider an extension of services. The City Council shall consider the recommendation of professional staff, and shall require that all costs of such extension be borne by the property owner and comply with City design standards. In no case shall such an extension be misinterpreted to allow further subdivision or an increase in the development potential of the subject site.
D. When City water service is not currently available within 200 feet of the subject property, regardless of the property’s location, the request shall be denied.
E. Pursuant to FMC 13.04.025, where both water and sewer main lines are available within 200 feet of a property, connection to the water system shall not be allowed unless the property shall also utilize City sewer service. This requirement shall not apply to nonresidential, noncommercial, or nonindustrial uses where sewer service in any form is not required. (Ord. 1777 § 1, 2013; Ord. 716 § 2, 1983)
13.36.040 Additional policies – Both sewer and water service.
A. When either City sewer service or City water service, or both, are sought for property outside the City limits, same may be granted only upon approval by motion of the City Council. In the event the City Council decides that any such application should be granted, the City Council may attach conditions to the granting of such application as the City Council deems advisable under the circumstances surrounding that application, which conditions shall include the execution by the owners and occupants of the property of an outside utility agreement approved by the City Council.
1. Exemption. The City shall allow connections to existing water and/or sewer lines outside of the City limits of Ferndale upon demonstration by the property owner that the City has provided a “will-serve” commitment, or that such approval is shown on the face of a recorded subdivision.
2. Exemption. Upon approval by motion of the City Council, the City may, but is in no way obligated to, allow the extension of City services outside of the City limits for the purpose of providing water and/or sewer to local, state or federal agencies, or tribes. The City Council may only approve such extensions when it is demonstrated that the City has capacity to serve proposed existing or new development, and that the proponent of the extension is responsible for all costs of the extension, including physical infrastructure, connection fees, and capacity expansion (as applicable). The following conditions/process shall apply to such extensions, and shall apply to both water and sewer service:
a. Capacity Review. Prior to allowing any retail service outside the City, the Public Works Director shall review the quality and quantity of the water demand (and sewage to be accepted) and shall determine that the City has the excess capacity to provide and/or treat/dispose of it.
b. Service Charge for Connections Outside the City. Service charges for service shall be as provided under the current rate ordinances of the City, less surface water protection and enhancement, plus a 50 percent surcharge.
c. Utility Service Agreement. Properties located outside the City limits receiving water service from the City are deemed by the City as eligible to receive retail sewer service per the provisions of this chapter. Property owners requesting sewer service shall submit an agreement to be recorded on the property with the property records of Whatcom County in a form approved by the City Attorney in which the owners and persons having an interest in the property agree to the following (unless otherwise authorized in writing by the City Attorney): payment of connection fees and monthly charges established from time to time by the City, agreement to abide by all city ordinances, rules, and regulations regarding sewer service.
i. FMC 13.08.220 (Authorization for interlocal agreements) may be utilized to satisfy the requirements of the utility service agreement.
d. Connection Charges for Water and Sewer Service Outside the City. The connection charges for retail service areas outside the City limits shall be as provided by the City’s Unified Fee Schedule.
e. Property Owner Outside City Subject to City Water and Sewer Regulations. Owners and/or tenants of all property connected to the City water and sewer system shall be subject to all rules and regulations governing sewage, sewage disposal, and City water within the City. Failure to abide by such rules and regulations shall be cause for cancellation of service.
f. Ability to Annex. The City shall determine whether the properties to be served are barred from annexation to the City of Ferndale. If such properties are eligible for annexation immediately or are within the Ferndale Urban Growth Area or Urban Reserve, the City must reject the extension pursuant to FMC 13.38.070.
g. Environmental Review. The City shall determine whether appropriate environmental review, subject to the requirements of Chapter 197-11 WAC (SEPA Rules), shall apply to the proposed extension. If required, the applicant shall be required to complete such review prior to the City Council’s final determination.
h. Nothing in this section shall be construed to require the provision of water or sewer service outside of the City limits and the City’s decision to extend such service shall remain a discretionary authority of the City.
B. In addition to compliance with the policies enumerated in FMC 13.36.020 and 13.36.030 and other conditions attached to the granting of any such application, the City Council will not normally approve an outside utility agreement for water and/or sewer service unless the following additional conditions have been satisfied or agreed to in conjunction with the agreement by all owners and occupants of the property for which such service is to be provided:
1. The City shall be provided an accurate legal description and the names of all owners and occupants of the property;
2. The City shall be provided a binding commitment by the owners of the property that all lines and facilities for such service will be completed to City standards in accordance with all City ordinances and regulations relating to installation and costs; that all costs involved in providing the lines and other facilities required for such service will be paid in full by the owner of the property; and that ownership of all main lines will vest in the City upon their completion;
3. The City shall be provided a bill of sale transferring the ownership of all main lines constructed for such service to the City immediately upon their completion;
4. The City shall be provided with easements satisfactory to allow entry upon private property for maintenance and repair of all main lines constructed for such service which are not located within public rights-of-way, which easements shall be provided immediately upon completion of the main lines;
5. The City shall be provided accurate as-builts of all lines and facilities constructed for such service immediately upon their completion;
6. The City shall be provided a bond issued by a corporate surety authorized to do business in the state of Washington to ensure the successful operation of all lines and facilities constructed for such service for a period of two years from the date service is commenced in such form that performance thereunder by the surety may be directly required by the City;
7. The City shall be provided a binding commitment by the owners and occupants of the property to pay all connection fees and charges prescribed by City ordinances at the time of connection and all regular service charges and outside utility surcharges prescribed by City ordinances during the period of service;
8. The City shall be provided a binding commitment by the owners and occupants to provide such documents and take such steps as may be required by the City ordinance or administration or otherwise to ensure that all the City Council’s policies and conditions relative to any grant of utilities outside the City limits will be complied with by all existing and future owners and occupants of the property served under penalty of cessation of such service, injunctive relief against noncompliance, and any other legal or equitable remedy allowed by law. (Ord. 1777 § 1, 2013; Ord. 716 § 3, 1983)