Item 5: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT B 12/10/07 – V-8 9.8119 Extra-Territorial Extension of Water or Sewer Service – Application Requirements. In addition to the provisions of EC 9.7010 Application Filing, an application for extra-territorial extension of water or sewer service shall include the following: (1) A list of all tax lots proposed to be served, including street addresses; (2) The proposed number of service connections and their locations; (3) A written narrative addressing the proposal’s consistency with the approval criteria in EC 9.8121. Neither state law or existing city policies prescribe what materials an applicant must [Comment: submit. The items listed in 9.8119 are those that staff believes necessary to evaluate an application based on the criteria at 9.8121. If Council believes additional materials are needed to address the approval criteria, additional requirements may be added.] 9.8121 Extra-Territorial Extension of Water or Sewer Service – Procedure and Approval Criteria. The city shall consider an application for extra-territorial extension of water or sewer service in accordance with the procedures at EC 9.7820(1). However, the approval criteria shall be those set out below. The city council shall approve, approve with conditions, or deny the application based on compliance with the following criteria: (1) The property proposed for service is located within the city’s urban growth boundary, is located within the property boundaries of the Mahlon Sweet Airport, or, for purposes of water extension only, Lane Community College; (2) In no case shall the city extend services extra-territorially to a property that could, instead, be annexed. Further, to receive extra-territorial water or sewer service an applicant must demonstrate the inability to satisfy either EC 9.7825(2) or (3); (3) The applicant has entered into an annexation agreement on forms provided by the city pertaining to the property proposed to be served or will enter into such an annexation agreement as a condition of approval; (4) The property proposed for service is not vacant; (5) The provision of service will not prolong uses which are nonconforming uses under the Eugene Code, 1971; (6) In the case of an application for extension of water service, the property to be served is connected with an approved means of sewage disposal; (7) The proposed extension is consistent with adopted resolutions, policies, plans and ordinances concerning extra-territorial extensions; and (8) Even if a proposed extension is inconsistent with the criteria above, the city may approve an extra-territorial extension of water or sewer service consistent with adopted city resolutions, policies, plans and ordinances: (a) Where a communicable disease hazard exists and the extension is the only practical remedy; or (b) To property within a dissolved water district within which EWEB is providing service to some properties. This section establishes the criteria which the City will use as the basis for rendering [Comment: decisions for extra-territorial extensions. To ensure consistency with adopted Council policies, the approval criteria in 9.8121 are taken from Council Resolution 2643 (10/31/07 Council packet, pages Ordinance - 10