The purpose of this chapter is to further the public health by providing clear rules for when connection to public sewer is required and when it is prohibited. Nothing in this chapter shall be construed to permit violation of regulations for on-site sewage disposal systems promulgated by the State of Washington Department of Public Health or the Clark County Health District.
(Ord. 1451 § 1, 2003)
(1) 
Building Permit Issuance. Inside UGAs, connection to public sewer is required as a condition of building permit issuance for any new structure unless the responsible official, utilizing a Type I review process, finds that one of the following exceptions applies:
(a) 
The new structure is an alteration, expansion or replacement of an existing structure which will not entail a material increase in sewage effluent production.
(b) 
The new structure lawfully incorporates an approved on-site sewage system.
(c) 
The new structure is for single-family residential use, or a nonresidential use generating a projected effluent flow of not more than 700 gallons per day if:
(i) 
Such use does not generate hazardous/dangerous waste, as defined by applicable federal, state or local law; and
(ii) 
Extension of public sewer is impractical based upon the following criteria:
(A) 
Public sewer would have to be extended more than 300 feet to the nearest property lines; or
(B) 
Necessary permission cannot be obtained from intervening landowner(s); or
(C) 
Intervening property contains natural or manmade obstructions such as deep canyons, elevation changes and solid rock impediments, which make public sewer extension prohibitive and undesirable; and
(iii) 
A covenant to the city and sewer purveyor is recorded which commits the current and future property owner(s) to connect to public sewer within 12 months of sewer becoming available ("available" means within 300 feet). The covenant shall also contain a provision that commits the current and future property owner(s) to participate in a future local improvement district if this is the method used to extend sewer. Where the sewer purveyor is a city, such covenant additionally shall bind the current or future owner to support annexation to such municipality.
(2) 
Land Divisions within UGA. Inside UGAs connection to public sewers is required as a condition of approval of new land divisions, whether by plat, short plat or site plan application, except that this prohibition shall not apply to a two-lot land division where one of the lots is, or will be, developed in a use that generates no sewage effluent. Any plat approved under this exception shall record a covenant prohibiting the installation of plumbing fixtures for any use on the designated lot.
(3) 
Period of Validity. A Type I decision under this chapter shall be valid for a period of one year if not associated with any other action. When such a decision is made in conjunction with another application (e.g., short plat, plat or site plan), the decision shall be valid for the same period as the decision on the related application.
It shall be the responsibility of the property owner to provide, at their expense, service laterals where none have been provided. Laterals shall be designed, approved, installed and inspected to city standards and specifications.
(Ord. 349 Art. 3 § 1, 1967; Ord. 1098 § 1 (Exh. A), 1993; Ord. 1140 § 1, 1994; Ord. 1451 § 1, 2003)
All connections shall be made to sanitary sewers in a permanent and sanitary manner in accordance with the terms and provisions of the Uniform Plumbing Code as amended, subject to the approval of the director. No storm or surface water shall be discharged into any sanitary sewer.
(Ord. 349 Art. 3 § 2, 1967; Ord. 1098 § 1 (Exh. A), 1993; Ord. 1140 § 1, 1994; Ord. 1451 § 1, 2003)
If any such connections shall not be made within the time or in the manner herein provided, the director or other employee of the city, as the council may hereafter designate, is authorized and directed to cause any such connection to be made and to file a statement of the cost thereof with the city clerk, which costs shall in no event be less than the sewer connection charge hereinafter affixed for the class of buildings applicable to the building to which the connection is made, and thereupon a warrant shall be issued under the direction of the city council by the clerk and against the sewer revenue fund for the payment of such costs. The amount of such warrant together with a penalty of 10 percent plus interest at the rate of six percent per year upon the total amount of such warrant and penalty shall be assessed against the property upon which the building or structure is situated and shall become a lien thereon as herein provided.
Such total amount when collected shall be paid into the revenue fund.
(Ord. 349 Art. 3 § 3, 1967; Ord. 1098 § 1 (Exh. A), 1993; Ord. 1140 § 1, 1994; Ord. 1451 § 1, 2003)
No connection to any sewer line or lateral or other part of the sanitary sewerage system of the city shall be made by any person or persons, firm, association, or corporation except those regularly licensed to perform that class of work, or those approved by the supervisor of public works, and such connections shall then only be made on the condition that the person or persons, firm, association, or corporation making such connections will indemnify and hold harmless the city from all suits, claims, accidents, and damages occasioned by opening the streets, alleys or public places for the purpose of such connection, and will replace and restore such streets, alleys or public places over such opening to the satisfaction and approval of the supervisor of public works.
(Ord. 349 Art. 4 § 1, 1967; Ord. 1098 § 1 (Exh. A), 1993; Ord. 1451 § 1, 2003)
The city will not provide city water and/or sanitary sewer service for any person and/or entity developing property and/or residing outside the city limits of the city, unless the person and/or entity shall agree to annex their respective property to the city as soon as such annexation is available. Each person and/or entity shall enter into a contractual agreement binding the person and/or entity to annexation of the unincorporated property when annexation is available.
(Res. 291, 1982; Ord. 295, 1982; Ord. 1098 § 1 (Exh. A), 1993; Ord. 1451 § 1, 2003)