An occupied dwelling or building located outside the City of Ashland and inside the urban growth boundary may be connected to the 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 sewerage facilities. Such connection shall be made only upon the following conditions:
A. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council.
B. The applicant pays the full cost of extending the City of Ashland sewer main or line to the property for which sewer service is being requested.
C. The applicant secures, in writing, statements from the appropriate regulatory authority that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the state and local laws, rules and regulations.
D. The applicant furnishes 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 provides payment to the City, 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County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City.
F. The owner executes 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.
H. In the event of connecting a replacement dwelling or building to the sewer system, the connection does not increase use of the sewer system as determined by the Director of Public Works. (Ord. 3073, amended, 08/21/2012; Ord. 2861, amended, 10/03/2000)