Chapter 17.10
WATER AND SEWER SERVICE
OUTSIDE CITY LIMITS

Sections:

17.10.010    Water and sewer service application.

17.10.020    Utility extension agreement.

17.10.030    Regional plan governed by separate agreement.

17.10.040    Extensions for public health, safety or environmental reasons.

17.10.010 Water and sewer service application.

Any person owning property outside the city limits and desiring to have their property connected to the city’s water and sewer systems shall make application at the office of the city clerk on the appropriate form in accordance with the procedures outlined in Sections 15.12.010, 15.12.020 and 15.12.030.

Additionally, the applicant must:

A.    State fully the purposes for which the water and sewer service is required.

B.    Agree to conform to the city’s rules and regulations concerning water and sewer service set forth in this code, as it now exists or may be amended in the future.

C.    Agree to pay rates and charges as are required in the Shelton Municipal Code as it now exists or may be amended in the future.

D.    Agree Not to Protest Annexation. The owner shall provide the city with an irrevocable power of attorney to allow a city representative to sign a petition for annexation on behalf of the property owner or the property owner shall agree to sign a petition(s) for annexation of his/her property when requested to do so by the city. (Ord. 1895-0317 § 1, 2017: Ord. 1690-0107 § 1 (part), 2007)

17.10.020 Utility extension agreement.

Every applicant for water and sewer service outside the city limits, except for municipal corporations or quasi-municipal corporations, such as water, sewer or fire districts making application under Section 17.10.010, must sign an agreement with the city, which conditions the provision of the service on the following terms:

A.    Agreement to Run with the Property. The agreement shall be recorded against the property in the Mason County auditor’s office, and shall constitute a covenant running with the land. All covenants and provisions of the agreement shall be binding on the owner and all other persons subsequently acquiring any right, title or interest in or to said property.

B.    Warranty of Title. The agreement shall be executed by the owner of the property, who shall also warrant that he/she is authorized to enter into such agreement.

C.    Costs of Design, Engineering and Construction of Extension. The owner shall agree to pay all costs of design, engineering and construction of the extension, which shall be accomplished to city standards and conform to plans approved by the city public works director. Costs of plan review and construction inspection shall also be paid by the owner.

D.    Easements and Permits. The owner shall secure and obtain, at the owner’s sole cost and expense, all permits, easements and licenses necessary to construct the extension.

E.    Dedication of Capital Facilities. The owner shall agree to dedicate all capital facilities constructed as part of the water and sewer extension (such as water or sewer main lines, pump stations, wells, etc.), at no cost to the city, upon the completion of construction, approval and acceptance by the city.

F.    Connection Charges. The owner shall agree to pay all connection charges set by the city.

G.    Agreement Not to Protest Annexation. The owner shall provide the city with an irrevocable power of attorney to allow a city representative to sign a petition for annexation on behalf of the property owner or the property owner shall agree to sign a petition(s) for annexation of his/her property when requested to do so by the city.

H.    Sewer and Water Services Required. The owner shall agree to connect to both sewer and water services.

I.    Waiver of Right to Protest Local Improvement District (LID). If, at the time of execution of the agreement, the city has plans to construct certain improvements that would specially benefit the owner’s property, the agreement shall specifically describe the improvement. The owner shall agree to sign a petition for the formation of an LID or a utility LID for the specified improvements at the time one is circulated, and to waive his/her right to protest formation of any such LID or utility LID.

J.    Conformance with City Code.

1.    The owner shall agree to comply with all requirements of the city’s land use plan, zoning, fire codes and those portions of the city building code which are referenced by the fire code, and the city public works standards when developing or redeveloping the property subject to the agreement.

2.    The owner shall agree to pay all lawfully established rates and charges, and comply with all requirements regarding the use and maintenance of the utility services as required in Title 14 and Title 15 of this code.

K.    Termination for Noncompliance. In addition to all other remedies available to the city for the owner’s noncompliance with the terms of the agreement, the city shall have the authority to disconnect the utility, and for that purpose may at any time enter upon any public street or road or upon said property. (Ord. 1690-0107 § 1 (part), 2007)

17.10.030 Regional plan governed by separate agreement.

The provisions of this chapter shall not apply to the regional plan partnership. Rules and costs to the regional partners, insofar as they address the construction, operation and maintenance of regional plan facilities, are governed by separate agreement. (Ord. 1690-0107 § 1 (part), 2007)

17.10.040 Extensions for public health, safety or environmental reasons.

A.    Owners of property located outside the city urban growth area boundary may make application for expansion or extension of sewer and water service to their property outside the city urban growth area boundary. Approval of this request shall be subject to the required findings in subsection B of this section.

B.    The city council shall review the application and may, in its sole discretion, allow the extension or expansion of sewer and water service if the council finds:

1.    That the requested service is necessary to protect basic public health and safety and the environment;

2.    That the requested service is financially supportable at rural densities and does not permit urban development;

3.    That the city’s NPDES permit will not be affected by the extension or expansion; and

4.    That the extension or expansion is consistent with the goals of the city’s sewer comprehensive plan, its water comprehensive plan, and all other applicable law, including, but not limited to, the Public Water System Coordination Act (Chapter 70.116 RCW), and the State Environmental Policy Act (Chapter 42.31C RCW).

C.    The city council’s approval of any extension or expansion under the criteria in subsections A and B of this section may be conditioned. Such conditions may include, but shall not be limited to, the following:

1.    Restrictions may be placed on the hours that the city will accept sewage flow from the applicant.

2.    Restrictions may be placed on the amount of sewage flow or water provided to the applicant.

3.    The applicant shall have the responsibility to maintain and operate its own facilities. (Ord. 1921-0518 (part), 2018; Ord. 1690-0107 § 1 (part), 2007)