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HomeMy WebLinkAbout2704 Revising sewer connections UGBORDINANCE NO. c~J~f AN ORDINANCE AMENDING SECTION 14.08.030 OF THE ASHLAND MUNICIPAL CODE BY REVISING REQUIREMENTS FOR SEWER CONNECTIONS INSIDE THE URBAN GROWTH BOUNDARY AND ADDING A NEW SECTION 14.08.031 PROVIDING FOR SEWER SERVICE CONNECTIONS OUTSIDE THE URBAN GROWTH BOUNDARY THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 14.08.030 of the Ashland Municipal Code is amended in its entirety to read: Sections: 14.08.030 Connections - Outside city, inside urban growth boundary. 14.08.031 Connections - Outside urban growth boundary. 14.08.030 Connection - Outside City, inside urban qrowth boundary. Premises located outside the City of Ashland and inside the urban growth boundary may be connected to the Ashland sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pay the sewer connection fee and the systems development charges established by the City Council. (Ord. 1954 S3, 1978; Ord. 2019 S3, 1979; Ord. 2092 S3, 1980; Ord. 2147 S1, S2, 1981; Ord. 2263 S3, 1983; Ord. 2316 S3, 1984; Ord. 2322 S1, 1984; Ord. 2449 S3, 1988) B. In the event dwellings or buildings connected to the sewer system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the sewer system of the City as long as the use of the sewer system will not be increased as determined by the Director of Public Works. C. There is an existing Ashland sewer'main or line to which the premises can be connected. D. The applicant furnish to the city a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. E. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 at no present or future expense to the City. (Ord. 1820, 1974; PAGE i-ORDINANCE Ord. 2147 S2, 1981; Ord. 2314 S2, 1984; 0rd. 2322 S1, 1984) F. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. G. The land is within the Urban Growth Boundary. (Ord. 2322 S2, 1984) SECTION 2: Section 14.08.031 is added to Chapter 14.08 of the Ashland Municipal Code to read as follows: 14.08.031 Connection - Outside urban growth boundary. A. Premises located outside the urban growth boundary may be connected to the Ashland sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewage facilities. Such connection shall be made only upon the following conditions: 1. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. 2. The connection is for the use and benefit of dwellings and buildings completed and existing on July 1, 1973. 3. An Ashland sewer main or line exists within 100 feet of the premises. No main or lines will be extended to serve properties outside of the Ashland Urban Growth Boundary. 4. The applicant shall secure, in writing, statements from Jackson County that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the Jackson County Comprehensive Plan, support documents, rules or regulations. 5. The property owner shall execute a deed restriction on the property that states that no further buildings or additions to existing buildings shall be connected to the sewer service. 6. The property owner shall execute a contract with the City of Ashland which provides for payment of all charges connected with the provision of sewer service to the property; compliance with all ordinances of the city related to sewer service and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. B. The City Council may also provide sewer service outside the urban growth boundary by special contract under such terms and conditions the Council deems appropriate when such connection is in the best interest of the City. PAGE 2-ORDINANCE The foregoing ordinance was first READ on the /'¢~ ~ day of ~/~'~-~"-~ ~ 1993, and duly PASSED and ADOPTED this ~C~// day of ~ t~?~a~-~- , 1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this ~'~.~ day of ~%~:~/~ , 1993. Catherine M. Golden, Mayor PAGE 3-ORDINANCE