Chapter 13.14
UTILITY EXTENSIONS OUTSIDE CITY LIMITS
Sections:
13.14.020 Utility extension agreements.
13.14.010 Policy.
A. The city of Poulsbo does not intend to hold itself out as a public utility generally willing to supply all those who request service for properties outside of the Poulsbo city limits. As a general policy, the city requires that properties annex to the city before utilities are extended.
B. In cases where the city council determines that annexation of a property located within the city’s urban growth area is not currently feasible, the council may, in its sole and absolute discretion, allow extension of utility service to the property prior to annexation if the property owner executes an agreement containing all of the provisions set forth in Section 13.14.020 of the Poulsbo Municipal Code.
C. In cases where an owner of property located outside of the city’s urban growth area requests extension of utility service, the city council may, in its sole and absolute discretion, allow extension of utility service if the property owner executes an agreement containing all of the provisions set forth in Section 13.14.020 of the Poulsbo Municipal Code and:
1. In the case of water service, where the local health official certifies that water supplied by an existing well or wells serving an existing residence or residences is unsafe to drink or provides insufficient quantity for domestic use and the well is physically incapable of being repaired or replaced in a manner meeting applicable health standards; or
2. In the case of sewer service, where (a) the local health official certifies that an existing septic system or system serving an existing residence or residences has failed and is physically incapable of being repaired or replaced in a manner meeting applicable health standards; (b) extension is shown to be necessary to protect basic public health and safety and the environment; and (c) the sewer services provided by the extension are financially sustainable at rural densities and do not permit urban development; or
3. In the case of both water and sewer service, where service is to be provided solely to publicly owned facilities.
D. Nothing in this section is intended to abrogate any existing utility extension agreements. (Ord. 2006-09 § 1 (part), 2006: Ord. 2002-17 § 1, 2002: Ord. 2002-10 § 1, 2002: Ord. 88-62 § 1 (part), 1988)
13.14.020 Utility extension agreements.
A. In the event that the city council determines, pursuant to Section 13.14.010, to allow extension of utility services beyond the city limits, the owner of the property for which service is authorized must execute a utility extension agreement containing all of the following terms and conditions:
1. A warranty that the owner has title to the property and is authorized to enter into the agreement;
2. A statement specifying the location and line from which service may be extended;
3. An agreement by the owner to pay all costs of designing, engineering and constructing the extension to city standards and according to plans approved by the city public works department;
4. A requirement that the owner secure and obtain, at the owner’s sole cost and expense, any necessary permits, easements and licenses to construct the extension;
5. An agreement by the owner to turn over and dedicate any capital facilities, such as main lines, pump stations and wells, to the city upon completion of construction and to furnish as-built plans, any necessary easements, permits or licenses, a bill of sale, and a maintenance guarantee to the city;
6. An agreement by the owner to pay utility connection charges;
7. An agreement by the owner to pay all utility service charges at rates applicable to properties outside the city limits;
8. An agreement by the owner to annex the property to the city at such time as the owner is requested by the city to do so and granting the mayor a power of attorney on behalf of the property to execute any applicable landowner petition necessary for annexation of the property in the event the owner fails or refuses to do so;
9. For properties within the city’s urban growth area, a restriction on the use of the property to those uses authorized by the Poulsbo urban growth subarea plan approved by the city and Kitsap County;
10. For properties outside the city’s urban growth area meeting the requirements of Section 13.14.010(C) of the Poulsbo Municipal Code, a restriction on the use of the property to those uses authorized by the Kitsap County Comprehensive Plan and zoning code and which do not constitute urban development;
11. A statement that delinquent payments under the agreement will constitute a lien which may be foreclosed in the same manner as other liens for utility service;
12. A statement that the city may terminate service in the event of noncompliance by the owner with any term or condition of the agreement;
13. A waiver of the right to protest formation of a local improvement district for improvements which would benefit the subject property;
14. A clause providing that the agreement may be specifically enforced;
15. A requirement that the agreement be recorded with the Kitsap County auditor and constitute a covenant running with the land receiving service, and providing that all costs of recording the agreement will be paid by the owner;
16. A clause providing for attorney’s fees in the event of litigation;
17. A provision allowing the city to deny connection in the event of a lack of capacity at the time connection is to be physically made; and
18. A provision rendering the agreement null and void if connection is not made and service is not extended within two years after the agreement is executed.
B. Any necessary approval by the boundary review board must be received prior to extension of service. Any agreement for which such approval has not been received prior to execution must contain a provision making the extension of service contingent upon receipt of such approval.
C. Upon execution of the agreement and receipt of all approvals, the agreement shall be recorded with the Kitsap County auditor as a covenant running with the land, and all costs of recording shall be paid by the owner in accord with the terms of the agreement. (Ord. 2006-09 § 1 (part), 2006)
13.14.030 Application.
A. Any person desiring to apply for the extension of utility service outside the city limits under the provisions of this chapter shall do so on a form provided by the city. The completed application form, together with a nonrefundable application fee in an amount set by council resolution, shall be submitted to the public works department, and accompanied by:
1. A vicinity map drawn to a scale acceptable to the public works department and specified on the application form, depicting the area for which service is being requested and the existing city facilities from which the extension is proposed to be made; and
2. A legal description of the property to be served by the extension; and
3. A statement of the basis for the extension as provided in Section 13.14.010 of the Poulsbo Municipal Code; and
4. A statement of the nature of the existing and proposed uses of the property and the conformity of such uses with the Poulsbo urban growth subarea plan or county comprehensive plan and zoning code as provided in Sections 13.14.020(A)(9) or (10) of this chapter; and
5. Such other information as the public works director determines to be necessary to properly review the application.
B. The public works director shall review the application and forward the same, together with the director’s recommendation, to the city council for review and determination under Section 13.14.010 of this chapter. (Ord. 2006-09 § 1 (part), 2006)