12.45.015 Service outside city limits.
(1) Water Service.
(a) Requests for new water service outside the city limits but within the urban growth area will only be granted upon completion of an annexation agreement except: where any properties are subject to preexisting contractual commitments by the city such as local improvement districts (LIDs or ULIDs) or latecomer’s agreements to serve water and/or sewer. Where there is such a preexisting agreement, the requirement to immediately annex as a condition of connecting to such utilities may be waived; provided, however, such properties shall be required to execute a covenant not to protest annexation in the future as a condition of such utility connection.
(b) Requests for new water service outside the urban growth area will only be granted upon completion of a utility service agreement pursuant to SMC 12.45.040.
(c) Applicants requesting water service outside the city limits are responsible for any necessary extensions required for connection and compliance with all other applicable provisions of the city street and utility codes.
(d) All policies and standards related to water service must be met for all new connections/extensions.
(e) Connections and extensions shall be limited to the designated water service area as set forth in the city’s water comprehensive plan.
(2) Sewer Service.
(a) Annexation is required before sewer service can be provided within the urban growth area except: where any properties are subject to preexisting contractual commitments by the city such as local improvement districts (LIDs or ULIDs) or latecomer’s agreements to serve water and/or sewer. Where there is such a preexisting agreement, the requirement to immediately annex as a condition of connecting to such utilities may be waived; provided, however, such properties shall be required to execute a covenant not to protest annexation in the future as a condition of such utility connection and compliance with all other applicable provisions of the city’s street and utility codes.
(b) Applicants requesting sewer service outside the city limits are responsible for any necessary extensions required for connection.
(c) No extension, expansion or connection of storm or sanitary sewer systems outside of the city’s urban growth area shall be allowed except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development.
(d) Applications for sewer service to property outside the city’s urban growth area boundary may only be approved if, in addition to all other requirements of this chapter, the applicant can demonstrate by a preponderance of the evidence that the service is necessary to protect basic public health, safety, welfare and the environment. This showing may include, in addition to other documentation, an emergency order issued by the State Department of Ecology relative to any sewer extension request and/or documentation from the County or State Department of Public Health.
(e) To determine whether an extension of sewer service is necessary to protect basic public health, safety, welfare and the environment, the city council shall review the application and may, in its sole discretion, allow the extension if the council makes all of the following findings:
(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 requested service is financially supportable at rural densities and does not permit urban development;
(v) The city’s NPDES permit will not be adversely affected by the extension (if applicable);
(vi) The extension is consistent with the goals of the city’s land use and sewer comprehensive plan and all other applicable law, including, but not limited to, the Growth Management Act, and the State Environmental Policy Act; and
(vii) 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 Chapter 14.14 SMC, Street and Utility Standards.
(f) The council’s approval of any utility service or extension under the criteria in this subsection (2) may be conditioned upon the following:
(i) Restrictions may be placed on the hours that the city will accept sewage flow from the applicants;
(ii) Restrictions may be placed on the amount of sewage flow provided to the applicant;
(iii) The applicant shall have responsibility to maintain and operate its own facilities;
(iv) The applicant shall be required to execute a covenant not to protest annexation to the city in the future as a condition of such utility connection; and/or
(v) Any other conditions the council considers appropriate which fulfill the purpose and intent of this chapter. (Ord. 1411 § 1 (Exh. 1), 2016; Ord. 1356 § 6, 2013; Ord. 1275 § 1, 2010).