Chapter 14.22
SEWER AND WATER EXTENSIONS OUTSIDE CITY LIMITS

Sections:

14.22.005    Findings of fact.

14.22.007    City is not the sole or exclusive provider of utility services outside the city limits.

14.22.010    City council approval required.

14.22.011    Pre-application conference and application fee.

14.22.015    Emergency exception.

14.22.020    Permit issuance for outside city connection.

14.22.021    Existing utility extension agreements.

14.22.025    Repealed.

14.22.005 Findings of fact.

(1) For many years, the city of Puyallup has required annexation or a binding contractual commitment to annex as a condition for properties located outside the city limits to receive water and/or sewer service from the city’s utilities; and

(2) Washington statutes and case law provide that cities are not legally required to provide water or sewer or other utility services to properties located outside the city limits, but that cities have the discretion to provide such utilities as a legislative decision, on terms and conditions set forth in a contract; and

(3) The city of Puyallup is not the sole or exclusive provider for water or sewer or other utility services in any area outside the city limits, and property owners have other options for water and sewer service to such properties outside the city limits; and

(4) The city of Puyallup established and maintained requirements and practices for providing sewer and water extensions and service to properties outside the city limits before adoption of the Washington Growth Management Act and such requirements and practices were and continue to be consistent with the goals, policies and requirements of the GMA; and

(5) One of the underlying policies of the Washington Growth Management Act, codified as Chapter 36.70A RCW, is to ensure that urban development occurs in an orderly fashion in established growth areas; and

(6) The city of Puyallup adheres to the policy objectives of the Growth Management Act, including the proposition that urban density development occurring in its urban growth area should at the appropriate time be annexed into the city so as to be provided all the municipal services afforded by the city; and

(7) The city of Puyallup is willing to annex properties located within its urban growth area; and

(8) The city has long relied upon pre-annexation utility extension agreements as the contracts property owners must execute in order to receive city utility services outside the city limits, and such agreements all require the signing parties and their successors to support annexation efforts that might come to pass, and to comply with the city’s comprehensive plan, zoning and development regulations; and

(9) The Puyallup city council finds that the city’s ability to plan for utility service, other public services and urban growth may be jeopardized unless the city’s code reads as set forth below; and

(10) The Puyallup city council finds that the provisions of this chapter are necessary to protect and preserve the city’s police power authority to control and regulate land that will, at some time, come in to the city, and to ensure that such land will be developed consistent with the city’s comprehensive plan, zoning and development regulations. (Ord. 2790 § 1, 2004).

14.22.007 City is not the sole or exclusive provider of utility services outside the city limits.

The city council hereby reasserts and reaffirms its position that the city of Puyallup is not the sole or exclusive provider of sewer or water service in any area outside of the city’s corporate limits. The city shall not be considered or construed as being the sole or exclusive utility purveyor for any properties outside of the city’s corporate limits or within the city’s urban growth area, and no action, omission, statement or decision of the city, other than a valid legislatively approved utility extension agreement fully complied with by the property owner, shall in any way be considered or construed as a contract, express or implied, for the extension or supply of water or sewer utilities to the urban growth area or any area outside of the city’s corporate limits. (Ord. 2790 § 1, 2004).

14.22.010 City council approval required.

It shall be the policy of the city of Puyallup that all applicants for the extension/connection of water or sewer service outside the corporate limits of the city of Puyallup shall be subject to review and require approval by the city council prior to the issuance of a permit for the extension/connection of water or sewer service, except as provided in PMC 14.22.015. Applicants must demonstrate that they have initiated or are part of an ongoing annexation process which would bring the property that is subject to a utility extension/connection application into the Puyallup city limits. In its review, the city council may consider the following: impact on the water or sewer system usage; annexation considerations; compliance with the city of Puyallup’s comprehensive plan and the city of Puyallup development standards; and any other considerations deemed appropriate by the city council. The council shall consider the recommendations of the development services administrator and the city attorney. The decision of the city council shall be a discretionary, legislative act. If approval is granted by the city council, it shall be in the form of an utility extension agreement approved by the city attorney. (Ord. 2790 § 1, 2004; Ord. 2723 § 1, 2002; Ord. 2491 § 1, 1996; Ord. 2384 § 1, 1993).

14.22.011 Pre-application conference and application fee.

Prior to the acceptance of an application by the city, applicants shall participate in a pre-application conference for the purpose of establishing the application fee. The purpose of the application fee is to ensure the recovery of city costs and expenses associated with the review of the application and drafting or preparing any utility extension agreement, including but not limited to actual costs of city staff time and resources as well as any outside consultation expenses which the city reasonably determines are necessary to adequately review, prepare and analyze the application and any proposed extension agreement. The application fee shall be a minimum of $2,500, with additional charges due depending upon estimated reasonable city costs and expenditures in review of the application. Disputes in the fee amount charged by the city shall be resolved by appeal to the hearing examiner. All applicants shall deposit the application fee with the city before the application will be processed. The application fee shall be applied towards actual expenses and costs of the city. Any unencumbered application fees in excess of $2,500 shall be refunded to the applicant upon written request of the applicant within 60 days after granting or denial of the permit. In addition to application fees, all applicants shall be responsible for the full cost of any infrastructure or facility improvements required to provide the requested utility service; provided, reimbursement or latecomers agreements may be pursued by the applicant. (Ord. 2790 § 1, 2004).

14.22.015 Emergency exception.

Properties within the city’s urban growth area currently served by wells or septic systems which fail may be provided city water or sewer service respectively under this emergency exception if such service can reasonably be made available. Applications under this exception must be filed with the development services administrator, in a written form approved by the administrator. The administrator shall have discretion to determine whether an emergency exists, qualifying the applicant for utility service(s) under this section. The administrator is hereby authorized to conduct all lawful research and investigations needed to reach a determination and to require additional studies or information from an applicant, the costs of which shall be the applicant’s responsibility. The administrator shall seek to issue a written determination as soon as possible after receiving a complete written application, understanding that additional studies or investigation may delay any determination. The administrator’s final determination shall be issued in writing, and may be appealed as an administrative decision to the hearing examiner within 10 days of issuance. (Ord. 2790 § 1, 2004; Ord. 2723 § 1, 2002).

14.22.020 Permit issuance for outside city connection.

Permits or approvals for connections to city sewer or water utility service may be issued only upon the written application of the property owner and subject to the following terms and conditions:

(1) The applicant must be within the city of Puyallup urban growth area and shall first obtain city council approval as required by PMC 14.22.010.

(2) The applicant for any such permit shall attach to the application a construction permit duly issued to the applicant or their contractor by the appropriate county and/or political subdivision for the construction of a side sewer and/or water service.

(3) The applicant or their licensed contractor shall agree to pay a monthly sewer and/or water service charge in strict compliance with the specifications of the city governing the construction and maintenance of side sewers and/or water services.

(4) The applicant shall agree to pay monthly sewer and/or water service charges for sewer and/or water service in an amount computed at twice the charge for residents of the city; further, any connection fees and/or system development charges, including without limitation those detailed in PMC 14.26.070, shall also be at twice the charge to residents of the city. Upon annexation, monthly rates shall be reduced to those applicable to customers located within the city limits.

(5) The applicant shall agree to annex to the city of Puyallup at such time the city desires to annex the property for which water or sewer service has been extended. (Ord. 2790 § 1, 2004; Ord. 2723 § 1, 2002; Ord. 2384 § 1, 1993).

14.22.021 Existing utility extension agreements.

City water and sewer service may be extended and permits issued to serve properties within the urban growth area at the time such properties annex to the city. Utility extension agreements executed before the effective date of the ordinance codified in this section will be honored, and city water and sewer service, and any permits authorized under the terms of a valid utility extension agreement, will be made available to properties covered by such agreements, so long as parties are in full compliance with each and every term of their respective utility extension agreements. The city will not continue to provide water or sewer service to any properties covered by a utility extension agreement where the owner is not in compliance with each and every term of the respective agreements. (Ord. 2790 § 1, 2004).

14.22.025 Appeals of administrative decisions.

Repealed by Ord. 2790. (Ord. 2723 § 1, 2002).