Council agrees to waive sewer hookup requirement for Lindley property unless city sewer comes within 300 feet

Wellsville City Council on May 20 told residents Richard (“Rick”) Lindley and family they will allow a septic system for a pending annexation application for property at 4381 West 6800 South, but the city reserved the right to require a connection if a municipal sewer line is later found feasible and comes within 300 feet of the dwelling.

The Lindleys told council staff they want to subdivide family land so a son can build a house. They said running a new sewer main roughly 528 feet to reach the parcel would be expensive and likely uneconomic for a single house, so they asked whether septic would be permitted if they annex the property into Wellsville.

A council member moved to “waive the sewer requirement at this time until circumstances” change; a second followed and the council adopted the approach by voice vote. Under the motion the waiver stands unless and until a sewer line comes within 300 feet of the house and it is feasible to connect, at which time the city would require a hookup.

Why it matters: The decision affects whether the Lindleys proceed with annexation and subdivision. If the city later requires hookup, the family and any future homebuilders would face the cost of constructing a lateral to the municipal main. Councilmembers and staff discussed topography, private lines crossing other property, and whether meters and water access at the site reduce the need to force sewer extension now.

Discussion and staff notes: City staff said the Penny Stuckey trust is pursuing an 11-lot subdivision that would extend sewer along 6800 South; the Lindley parcel sits between the proposed subdivision and the existing sewer, and would require more than 500 feet of additional pipe to reach it. Staff noted the city prefers sewer lines in public right-of-way and avoids private lateral runs across other owners’ lots. The council and staff also urged the Lindleys to contact neighboring property owners (John, Pam and Doug Krieger were named) about potential shared infrastructure and to confirm acreage and tax-ID lines used for annexation fees.

Council members flagged state annexation rules during discussion: staff advised that, under state law, if an annexation brings in territory such that neighbors’ acreage falls under a statutory 25% test, the city could annex adjoining parcels with or without the owners’ consent. Staff said they prefer voluntary agreement but noted the legal option exists.

Outcome and next steps: The council’s motion waives the immediate sewer hookup requirement. Staff said if the Lindleys proceed with annexation and later development moves a municipal sewer within 300 feet of the house and it is feasible to connect, the property owner would be required to tie in; the council said it would revisit the matter at that time. Staff also agreed to follow up with the Krieger family about a possible coordinated annexation and to work with the Lindleys on clarifying the annexation acreage used in fee calculations.

Clarifying details: The property discussed is referenced by Tax ID 10-048-0007; staff estimated the distance to the nearest proposed sewer at roughly 528–529 feet. The Lindleys said they own six acres and that one acre of the area was already previously annexed in 1999. The council instructed staff to verify acreage used for annexation fees and recommended the Lindleys explore Green Belt classification for portions of the property if they keep 5–6 acres.

Ending: The Lindleys said the discussion gave them the information they needed to decide whether to continue with annexation paperwork. Staff will follow up with neighboring property owners and return any further annexation details to the council as needed.