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MapLink™ | Procedures | Extraterritorial Jurisdiction (ETJ)

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Extraterritorial Jurisdiction (ETJ)
A. Subdivision Regulations and Development Standards in the ETJ.
Subdivision Regulations and Development Standards as they now exist or may hereafter be amended, are hereby extended to all of the area lying within the extraterritorial jurisdiction of the City and the rules and regulations within said Subdivision Regulations and Development Standards governing Plats and Subdivision of land shall be applicable to such area within said extraterritorial jurisdiction from and after the date of final passage of this UDC.

B. Subdividing. No person shall subdivide or plat any tract of land within the extraterritorial jurisdiction of the City except in conformity with the provisions of these Subdivision Regulations and Development Standards.

C. Utility Extensions in the ETJ.
1. Purpose and Applicability. A petition for approval to extend City water or wastewater utility facilities under this Section applies only to land located within the City’s extraterritorial jurisdiction.

2. Procedure.
a. A petition for approval to extend City water or wastewater utility facilities shall be submitted to the Director of Planning on a form furnished by the City. A petition shall include or be accompanied by a written request for annexation of the applicant’s property. If the applicant’s property is not contiguous to the City limits, the petition must be accompanied by a written request for annexation of an area at least 15 feet in width from each property owner, or, for public right-of-way, the entity having jurisdiction over the right-of-way, along the intended route of the utility extension.

b. A petition for approval to extend City water or wastewater utility facilities will be reviewed by the City staff, and the Director of Planning will make a written report to the City Council on the petition.

c. The City Council will evaluate the petition on the basis of the staff report and the criteria listed in 3 below. The City Council may either grant, grant subject to conditions, or deny the petition.

3. Policies Applicable to Petitions for Utility Extensions in ETJ. The following policies shall be taken into consideration in deciding a petition for a utility extension:
a. Whether the proposed development to be served by the extension is consistent with the Comprehensive Plan;
b. Whether the extension is proposed to be constructed in accordance with the Engineering Criteria Manual, the provisions of this UDC, and all other applicable City regulations and standards;
c. Whether it is feasible to annex the property, and any intervening property which is needed for utility rights-of-way, to the City in a timely manner;
d. Whether the utility extension would compromise the City’s ability to timely provide adequate water or wastewater facilities to property inside the City;
e. Whether the utility extension will lead to premature development that cannot be served efficiently and timely by roadway, drainage or park facilities;
f. Whether the utility extension is financially feasible given the proposed means of financing the extension;
g. Whether the utility extension will lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of petitioner’s land, or development of other land that may be served through the extended facilities; and
h. Whether the petitioner proposes to extend wastewater facilities without utilizing City water facilities.