Chapter 13.68 USE REQUIRED

Chapter 13.68
USE REQUIRED¹

Sections:

13.68.040 Draining to other than system prohibited.

13.68.010 Eligibility to connect.

Unless exemption is granted by the city council, sanitary sewer and storm sewer shall only be provided to properties located within the city limits and therefore property owners located outside city limits and wishing to connect to sanitary sewer and/or storm sewer must first annex into the city. [Ord. 1454 § 1 (Att. A), 2013; Ord. 1449 § 1 (Exh. A), 2013; Ord. 876 § 1, 1991.]

13.68.020 Connection exemptions.

The city council may grant exemptions allowing property owners outside city limits to connect to city sanitary sewer and/or storm sewer systems; provided, that all of the following conditions are met:

A. The city council must make a finding that the overall public interest will be served by granting the exemption; and

B. The property owner, their successors, heirs, and assigns shall record with the Chelan County auditor’s office a notice to title, as approved by the city of Leavenworth, which provides notice of and binds all future property owners to the following waivers of protest and other requirements. It shall also be the obligation of the property owner, their successors, heirs, and assigns to inform potential buyers of these items:

1. Property owners, their successors, heirs, and assigns shall not protest annexation. Provided further, nothing in approval of extension of city sanitary sewer shall bind the city to annex said property nor obligate the city to approve future subdivision and development of the property, nor impose or not impose any particular conditions or requirements for said development and land use actions, nor implement improvements to its utilities and/or roads that may be required to serve the development. If the city agrees to annex this property, the city does not warrant that existing facilities are adequate to serve this development;

2. Property owners, their successors, heirs, and assigns agree to participate in future local improvement districts (LID) and/or other similar financing mechanisms for the redevelopment of streets, sidewalks, utilities and related infrastructure in the area. This participation shall be in accordance with reasonable methods established by Washington State law and/or by local law, and shall be for a pro-rata share of improvements in the geographic area as established by a benefits assessment or other similar mechanism; and

C. The connection may be allowed provided the applicant upgrades or installs a new eight-inch sanitary sewer main to the property within right-of-way or public utility easement, as necessary and determined by the city; and

D. The connection may be allowed provided the property requesting the exemption is contiguous with the existing boundaries of the city; and

E. When the property is approved for connection to the city service, the city sewer connection charges and fees in effect at the time of connection shall apply to the property; and

F. Connection to city sanitary or storm sewer shall not be allowed outside the urban growth area unless the city council makes a finding that the connection is necessary to protect basic public health and safety and the environment; the connection is financially supportable at rural densities; and does not permit urban development outside of the urban growth area. [Ord. 1454 § 1 (Att. A), 2013; Ord. 1449 § 1 (Exh. A), 2013; Ord. 964 § 1, 1994; Ord. 876 § 1, 1991.]

13.68.030 Hookup required.

A. It is compulsory for every person owning a building in the city wherein people reside or where there is any water or waste disposed of to hook up their waste disposal system to the city sewer system, if said buildings are located within 200 feet of existing sewer mains.

B. For existing buildings, as described in subsection (A) of this section, which become located within the 200 feet as a result of improvements to the city sewer system, connection to those improvements shall be made when one of the following occurs:

1. Remodeling or expansion of the existing building which exceeds 50 percent of the value of the building/structure;

2. Remodeling or expansion of the existing building occurs which would require an upgrade of an existing on-site sewage disposal system, as determined by the Chelan-Douglas health district; or

3. The existing on-site sewage disposal system is failing, as determined by the Chelan-Douglas health district. [Ord. 1454 § 1 (Att. A), 2013; Ord. 1449 § 1 (Exh. A), 2013; Ord. 1082 § 1, 1998; Ord. 876 § 1, 1991.]

13.68.040 Draining to other than system prohibited.

It is unlawful for any person to allow or permit water drainage or waste disposal from buildings located in the city to drain off or be disposed of in any other way than through the city sanitary sewer system or the city storm sewer system unless storm drainage is treated on site by a city approved storm water retention basin, drainage infiltration system, or oil/water separator. [Ord. 1449 § 1 (Exh. A), 2013; Ord. 876 § 1, 1991.]

13.68.050 Violation – Penalty.

Any person violating any of the provisions of this chapter is guilty of an offense and upon conviction thereof shall be punished by a fine not exceeding $100.00. [Ord. 1449 § 1 (Exh. A), 2013; Ord. 876 § 1, 1991.]

Prior ordinance history: Ord. 364.