Chapter 14.32
UTILITY SERVICE PLANNING AREA
Sections:
14.32.010 Utility service area established – Purposes.
14.32.020 Utility service limitations.
14.32.035 Annexation required.
14.32.050 Administrative procedure.
14.32.010 Utility service area established – Purposes.
(1) There is established a utility service area (USA) for the future planning 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 hereinafter amended. The boundaries of the USA for purposes of water shall be as provided in MMC 14.32.015.
(2) The purposes of the 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 for areas which are anticipated to annex into the city in the future. 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 title and 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. (Ord. 2835 § 1, 2010; Ord. 2606 § 1, 2005; Ord. 2375 § 7, 2001; Ord. 1242 § 1, 1982).
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. 2835 § 1, 2010; Ord. 2606 § 1, 2005).
14.32.020 Utility service limitations.
Except as otherwise provided herein, the city shall not contract to provide or serve water or sewer utilities to any properties outside of the adopted service boundaries for sewer and water as set forth in MMC 14.32.010 and 14.32.015. No properties within the established USA service boundaries shall be provided with water or sewer service until they are annexed and become part of the city pursuant to MMC 14.32.035; provided however, the city may upon application for a variance as set forth in MMC 14.32.050(4) approve utility service outside the established service boundaries upon a showing of a bona fide public health emergency as defined herein. (Ord. 2835 § 1, 2010; Ord. 2606 § 1, 2005; 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 land use 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 ensure that the city’s utility system retains adequate capacity to serve all properties within the existing and future city limits and to meet existing contractual obligations. Procedures used 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 government agencies as required by law. (Ord. 2835 § 1, 2010; Ord. 2606 § 1, 2005; Ord. 2375 § 7, 2001; Ord. 1242 § 3, 1982).
14.32.035 Annexation required.
Any property within the city of Marysville urban growth area (UGA) or utility service area (USA), as they now exist or as they are hereafter amended, 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 until said property is first annexed to the city of Marysville.
(1) Provided, annexation shall not be a precondition to service for those already under contract with the city for provision of utilities or through a utility local improvement district.
(2) Provided further, annexation shall not be a precondition of service where there is a showing of a bona fide public health emergency as defined herein.
(3) Provided further, the annexation requirement of this section 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 utilities. (Ord. 2835 § 1, 2010).
14.32.050 Administrative procedure.
(1) Applications for Utility Connections. Owners of property within the USA but outside the city limits 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 14.07.005 and payment in full of all assessments required by the city code and, where applicable, by a fully executed annexation petition. No letter of utility availability shall be issued until such time as the subject property has been annexed to the city. If annexation does not occur, all application fees and assessments shall be refunded.
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 recommendation to grant or deny utility connection following annexation or to grant or deny a letter of water or sewer availability shall be in writing and shall be mailed to the applicant at the address stated on the application form.
(2) Application Granted – Duration. Following annexation, if the connection is granted, the applicant shall have a period of 12 months to comply with all city utility 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 relates 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. Following annexation, 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 22G.010.530. Appeals must be accompanied by the fee required in MMC 14.07.005.
(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 such as a bona fide public health emergency 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 or the environment;
(d) That the granting of such variance will not be inconsistent with the long-range plans of the city utility system;
(e) That the granting of such variance is consistent with the Growth Management Act, Chapter 36.70A RCW;
(f) For purposes of this chapter the term “bona fide public health emergency” shall mean that service is necessary and that all of the following are present:
(i) The impact on public health potentially impacts the general public rather than solely the property owner making application;
(ii) The hardship is not the result of the applicant’s own action;
(iii) The hardship is not merely financial or pecuniary;
(iv) The city’s NPDES permit will not be affected by the extension (if applicable);
(v) The extension is consistent with the goals of the city’s water and sewer comprehensive plans and all other applicable law, including, but not limited to, the Public Water System Coordination Act (Chapter 70.116 RCW), the Growth Management Act, and the State Environmental Policy Act;
(vi) The city has adequate capacity and adequate infrastructure available to provide the required service, or the applicant voluntarily agrees to provide the necessary infrastructure upgrades to allow service consistent with city standards.
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 plans of the city utility system and the public interest. Each variance shall be considered on a case-by-case basis and shall not be construed 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), 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. 2857 § 5, 2011; Ord. 2835 § 1, 2010; Ord. 2606 § 1, 2005; Ord. 2375 § 7, 2001; Ord. 1431, 1985; Ord. 1267, 1982; Ord. 1242 § 6, 1982. Formerly 14.32.060).