A. No person shall erect any dwelling or commercial or industrial building without providing sewerage facilities and connection to the city sanitary sewer; provided, that such connection need not be made if the premises are located further than 150 feet from the city sanitary sewer as measured in a straight line from the sanitary sewer to the nearest exterior lot line; and provided further, that it shall be unlawful to erect any such structure where city sewer service is not available within 150 feet unless the proposed sanitary facilities shall have been approved by the city manager or his duly authorized agent as providing adequate disposal of wastes. Such officer, in making his decision, shall consider the terrain and drainage of the area as well as technical compliance with the specifications for septic tanks, and no building plans shall be approved unless the sanitary facilities have first been approved.

B. After September 1, 1966, for sanitary sewer and after October 15, 1973, for public water supply, no person shall occupy, and no person shall own, maintain or control, any structure or premises used as a home, apartment or other living quarters unless the structure is connected to the city sanitary sewer and public water supply; nor, after such dates, shall any person occupy or maintain or control any structure or premises used for any commercial, industrial or business use unless such structure is connected to the city sanitary sewer and public water supply (unless such structure is part of an integrated business enterprise in the immediate area and one or more of the other structures used by such enterprise are serviced by city sanitary sewer and public water supply); provided, however, that provisions of this subsection shall not apply if the sanitary sewer (or public water supply, as the case may be) nearest the premises is more than 150 feet distant, as measured in a straight line, from the sanitary sewer, or public water supply, to the nearest exterior lot line.

C. All septic tanks now in use or hereafter constructed within the city shall meet specifications established by the city manager and the Alaska Department of Environmental Conservation, and no septic tank shall hereafter be constructed without obtaining a written permit from the city manager or his duly authorized agent. Vaults, privies and cesspools shall not be approved as adequate sanitary facilities.

D. Subsections (A) and (B) of this section notwithstanding, a residential dwelling no larger than a two-family dwelling, located on a parcel having an area of at least 20,000 square feet shall not be required to be connected to the city sanitary sewer system or water distribution system; provided, that the city manager has granted a written waiver from the applicable requirements of subsections (A) and/or (B) of this section. Regarding water, the city manager shall not grant such a waiver unless the owner has proved to the city manager that the on-site water system complies with Alaska Department of Environmental Conservation regulations. Regarding sewer, the city manager shall not grant such a waiver unless the owner (1) has proved to the city manager that the construction and operation of the on-site wastewater system has been approved by the Department of Environmental Conservation; and (2) the owner has entered into an agreement with the city under which the owner agrees to regular maintenance of the on-site wastewater system. The agreement with the city must run with the land and must be duly recorded. All costs of maintenance, inspection, recording, etc., will be at the owner’s expense.

E. If a city sanitary sewer or water main is extended to allow connection to a property previously exempted from the requirement to connect to city utilities under subsection (D) of this section, the property owner of the excepted property shall be responsible for the portion of the costs for that improvement based upon an allocation of special assessment costs as calculated in accordance with the then-current method for allocating such costs.

F. If the city sanitary sewer is extended to allow connection to a property previously exempted from the requirement to connect to city utilities under subsection (D) of this section, all dwellings on that property shall be connected at the owner’s expense to the city sewer if the on-site wastewater system fails, as determined by inspection, and there is not sufficient other area on the property to construct a permitted replacement on-site wastewater disposal system. (Ord. 578 §§ 3, 4, 2001; Ord. 176 § 2, 1973; Ord. 122 § 4, 1965)