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Real property that is located outside of the City’s boundaries may be eligible for sewer service if the property meets the requirements in subsections (a) and (b) of this section.

(a) Annexation. The property to be served is annexed into the City unless the property owner consents to annexation and one of the following applies:

(1) There is an imminent threat to public health and safety as determined by the Kansas Department of Health and Environment or a similar regulatory agency, or a court of law. However, this exemption does not apply to property located between the original location of the public infrastructure and the property to be served.

(2) Connection to public infrastructure will promote an industrial development project within the employment tier of the urban growth area or outside the urban growth area consistent with the comprehensive plan.

(3) The parcels were created before February 15, 2007, in accordance with both the subdivision regulations and zoning in effect at the time of their creation, and sewer infrastructure, not including transmission lines, is adjacent to the property to be served.

(4) The City has agreed to provide sewer service to the property owner by virtue of the following: (i) a contract; (ii) approval of a final plat prior to February 15, 2007, which includes sewer service; or (iii) an approved plat meeting the comprehensive plan’s urban growth area design standards and compliance with the zoning that was in effect on March 16, 2015.

(5) The City has previously provided sewer service to the same parcel of real estate for which service has been requested. The reconnection of service shall be limited to the same size of service line as the previous service. Further, the reconnection shall be limited to the same number of lines or connections which previously existed.

(6) Service is requested by a facility owned and operated by a political and taxing subdivision.

(b) Platting. The property to be served is platted consistent with the design standards and development policies contained in the adopted elements of the comprehensive plan unless all of the following conditions exist:

(1) A detached single-family dwelling is located on the property and there are no other structures except permitted accessory structures.

(2) Adequate utility and drainage easements and/or street rights-of-way exist, as determined by the Utilities Director or designee, or such easements are provided by the property owner.

(3) There are no existing or anticipated drainage problems related to the site or the development.

(4) Adequate public utilities service the property.

(5) Existing or proposed improvements comply with all applicable zoning and development code requirements. (Ord. 20089 § 50, 10-17-17.)