15.04.140 Connection to Sewer System Required.
A. Existing Structures within Two Hundred (200) Feet of Sewer. All existing structures within the City limits intended for human occupation or business on an existing lot within two hundred (200) feet of a sewer line, measured from the exterior boundary of the lot, shall connect to the City’s sewer system upon:
1. A determination by the Snohomish Health District that the existing on-site sewage (septic) disposal system for the structure has failed; or
2. Expansion of floor area of more than twenty (20) percent to an existing structure or any combination of additions greater than twenty (20) percent of the original structure as of July 1, 2014, and thereafter.
B. New Lots. Any new lot within a subdivision or short subdivision for which preliminary plat approval was received after July 1, 2014, within the City limits shall be connected to the City’s sewer system.
C. New Structures on Existing Lots within Two Hundred (200) Feet of Sewer. Any new structure within the City limits designed or intended for human occupation or business which is built on an existing lot within two hundred (200) feet of a sewer line, measured from the exterior boundary of the lot, shall be connected to the City’s sewer system, except:
1. Construction of one (1) new single-family home on an existing lot within the NE Sewer Area. Such single-family home must satisfy Snohomish Health District criteria for an approved on-site septic tank system.
2. Construction of one (1) equivalent residential unit (ERU) on an existing lot within the NE Sewer Area, including nonresidential and multifamily structures. Improvement must satisfy Snohomish Health District criteria for an approved on-site septic tank system.
D. New Structures or Expansion of Existing Structures Greater Than Two Hundred (200) Feet from Sewer. Any new structure or the expansion of an existing structure on an existing lot within the City limits that is greater than two hundred (200) feet from a sewer line, measured from the exterior boundary of the lot, shall be connected to the City’s sewer system, except:
1. Construction of one (1) single-family home on an existing lot or expansion of an existing single-family home on an existing lot (and expanded structure is still one (1) single-family home). Such single-family home must meet Snohomish Health District criteria for an approved on-site septic tank system.
2. Construction of one (1) equivalent residential unit (ERU), including nonresidential and multifamily structures, and less than two thousand (2,000) square feet of additional floor area of any structure intended for human occupation or business on an existing lot. Improvement must meet Snohomish Health District criteria for an approved on-site septic tank system.
E. Approval of Any Building Permit or Land Division Application Utilizing One (1) of the Exceptions. Utilizing one (1) of the above exceptions (subsection (C)(1), (C)(2), (D)(1) or (D)(2) of this section) to avoid or defer connection to the City’s sewer system is contingent upon submittal of a legally binding agreement with the City, which must be recorded with the property records of the County and in a form acceptable to the City Engineer, in which the property owner and successors in interest agree to prompt connection to the sanitary sewer when they become available, and participation without protest in any sewer local improvement district (LID) or utility local improvement district (ULID), including agreement to pay any connection fees and monthly charges assessed by the City, LID, or ULID. Nothing in this section shall be construed to limit the ability of the applicant or any successor in interest to challenge the amount of any assessment.
F. Water Connections Required. Connections to the City sewer system will require simultaneous connection to the City water system, unless City water is not available within five hundred (500) feet of the lot or parcel.
G. Variation from Distance Determination. When determining the distance to connect to a public utility, the City Engineer shall take into account hardships caused by sensitive areas (e.g., stream crossing) or other physical barriers which make sewer main extension extremely difficult. The City Engineer shall have authority to administratively grant a variance from the distance calculation and requirement to connect. No variance shall be granted which would be detrimental to the public health, welfare, or environment, or which would be inconsistent with the long-range plans of the City utility system. Conditions may be imposed upon the granting of a variance to ensure the protection of the public health, welfare, and environment. Each variance shall be considered on a case-by-case basis, and shall not be construed as setting precedent for any subsequent application. The decision of the City Engineer on a variance application shall be final, subject to appeal to the City land use Hearing Examiner pursuant to the procedure of Chapter 14.20 SMC within a twenty (20) day period after the written decision of the City Engineer.
H. Connections. All connections shall be made to such sewer system in a permanent and sanitary manner, subject to all applicable utility requirements of the City and payment of fees, connection charges, local or general facility charges to be set by the City Council and subject to the approval of the City Engineer and subject to such permit and construction requirements and regulations fixed by the City Council and in force at the time.
Provided, that nothing in this section will be construed to compel the City to extend utility services to any property. (Ord. 1670, 1989; Ord. 1886, 1999; Ord. 2086, 2005; Ord. 2271, 2014; Ord. 2327, 2021)