Chapter 13.52
WATER AND SEWER SERVICES OUTSIDE THE CORPORATE LIMITS
Sections:
13.52.020 Annexation required when.
13.52.030 Property unable to be annexed.
13.52.040 Application procedure.
13.52.050 Conformity to codes and regulations.
13.52.060 Filing of application prior to construction.
13.52.070 Existence of utility service lines.
13.52.080 Application review by city council and planning commission.
13.52.090 Interpretation of policy statement.
13.52.010 Adoption of policy.
The statement of policy set forth in TMC 13.52.020 through 13.52.090 regarding the extension of city water and sewer services to property outside the corporate limits of the city, as such extensions are related to the annexation of such property to the city, is adopted. (Ord. B-99 § 1, 1977).
13.52.020 Annexation required when.
When city water and sewage service is sought for property contiguous to existing city limits, and the size of the property is sufficiently large to merit its annexation, in the opinion of the city manager, the annexation of that property to the city shall be a condition of its receiving such service. (Ord. B-99 § 1(1), 1977).
13.52.030 Property unable to be annexed.
An application for such service to property outside and adjacent, but not contiguous, to existing city limits will be granted only after it has been determined that it is impractical or not feasible to annex that property to the city within the near future, and only under circumstances which will allow the development of that property to be controlled by city codes, regulations and policies, all as if such property were within the city. (Ord. B-99 § 1(2), 1977).
13.52.040 Application procedure.
A. Applications for such service shall be made to the department of public works. If the director of that department determines that such service should be afforded, he shall so recommend and report his findings to the city manager. Applications for utility services to property whose use and/or development has significant effect upon community development shall additionally be referred to the planning commission for their review and recommendations. Each application shall be granted only upon resolution of the city council.
B. 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, a copy of which is made a part of the ordinance codified in this chapter.
C. The alterations, improvements or repairs referred to in paragraph 2 of the outside utility agreement are required to order that structures served outside the city in anticipation of future annexations will reasonably conform to applicable construction and zoning codes. The requirements, restrictions and other provisions referred to in paragraph 4 of the outside utility agreement may include, but need not be limited to, references to subdivision plat maps, site plans, utility maps and other similar development plans which, together with other obligations specified in that agreement, will constitute conditions of the granting by the city of the application. (Ord. B-99 § 1(3), 1977).
13.52.050 Conformity to codes and regulations.
If the property for which such service is sought is developed and improved at the time of application, conformity to the city’s general plan, and conformity with building, zoning and other codes, regulations and policies of the city with regard to that development, will be considered as a persuasive factor for granting such application. (Ord. B-99 § 1(4), 1977).
13.52.060 Filing of application prior to construction.
The filing of an application for such service prior to constructing any buildings, structures or other improvements thereon, or any other development thereof, will be considered as a persuasive factor for granting such application. (Ord. B-99 § 1(5), 1977).
13.52.070 Existence of utility service lines.
The existence of a city utility service line adjacent to developed property for which such service is sought will be considered as a persuasive factor for granting an application; however, property situated where no such utility service line exists adjacent to it will normally be required to constitute a local improvement district, or part of the area of a local improvement district which must be created to finance the extension of a utility line to serve an area of an appropriate size and shape for annexation to the city, and the commencement of proceedings to annex that area will normally be a condition of the granting of an application for such service. (Ord. B-99 § 1(6), 1977).
13.52.080 Application review by city council and planning commission.
A. Inasmuch as utility service will be extended to property outside the city limits only when such property is subject to city codes, regulations and policies, all as if that property were within the city, an application for such service will be submitted by the director of public works to the city manager of the city for its review and recommendation to the city council in the case of subdivision plat approval and in case of land use differing from that contemplated by the city’s general plan.
B. While subdivision plat maps for property outside the city must be approved by the county by law, nevertheless, any such preliminary plat map must be reviewed and approved by the city planning commission before final approval by the county, if the property in that subdivision is to be served by city utilities. The approval by the city planning commission of the plat map may be subject to requirements, restrictions and provisions as conditions of the granting by the city of the application for such services. (Ord. B-99 § 1(7), 1977).
13.52.090 Interpretation of policy statement.
The statement of policy set forth in TMC 13.52.010 through 13.52.080 is intended to be general in scope and advisory only, and is not intended to be a limitation on the exercise of discretion and judgment by the city council on any occasion when an application for city water or sewer is made. (Ord. B-99 § 2, 1977).