10.10.050 Public policy.
It shall be the public policy of the City of Millersburg that the City Council does not intend to nor will it limit the City to its present boundaries or the wastewater treatment system to its present facilities.
(1) Service Limitation. The Council shall not extend or furnish sewer service facilities to any residential, commercial or industrial property when the property is without the City limits and is contiguous to the City limits and eligible for annexation within the City limits, except pursuant to the health hazard exception set forth in subsection (4) of this section. The health hazard exception and the findings required therefor are unique to this section and shall have no applicability to any other provision of this Code nor shall it entitle the affected property owner(s) to any service, benefit, or discount applicable to health hazards as discussed in other sections of the Millersburg Municipal Code.
(2) Users. No use or benefits of the sanitary sewer system or wastewater treatment plant of the City shall be extended to or made available to any property not within the corporate limits of the City, except under a contractual agreement with another municipality, service district, or the owners of said property and only then when such property is not located so as to be eligible for annexation to the City at the time the sewer service is requested.
(3) Contract. Use and benefits of the wastewater treatment system and wastewater treatment plant may be granted to property outside of the City on a contractual basis only. For individual property owners the contract shall require that the property owner shall annex his property to the City at the earliest date that the same becomes eligible for annexation under the laws of the State. The contract may further require for financing of the sewer extension, termination of service of the contract if any conditions are not met and any other requirements which are to be deemed in the best interest of the City.
(4) Health Hazard Exception. The Council may authorize the extension of sanitary sewer facilities to property outside of the City limits upon finding that all elements of the following criteria have been met:
(a) The extension will serve only existing residential use(s);
(b) The extension is necessary to mitigate an existing hazard to human health resulting from a failing or inadequate sewage disposal system;
(c) The health hazard cannot practicably be mitigated without connection to the City sanitary sewer system;
(d) Provisions have been or will be made to connect a residential user to the sanitary system at no cost to the City;
(e) The owner(s) of the property to be served pursuant to this exception has executed an irrevocable application for annexation, on a form provided by the City, whereby the City may submit the question of annexation to the voters at any election(s). The property must be contiguous to the City limits and within the urban growth boundary. The annexation application shall not require the owner(s) to pay for the cost of the election. The application shall be binding upon the heirs and subsequent assigns of the owner;
(f) The property owner has tendered the required sewer system development charges to the City and waived any objection thereto;
(g) The property owner has waived, in writing, any objection to a sewer rate differential which may exist, or may be subsequently created, whereby sewer users outside the City are charged a reasonable premium over and above that charged to City residents.
(5) Limitation on Subsequent Sewer Utilization in the Event of Health Hazard Exception. Subsequent to the sewer connection subject to a health hazard exception, no additional sewer connections shall be permitted prior to annexation. (Ord. 156, passed 8-13-2019)