Afton council asks Utility Board to clarify ordinance on sewer service-line responsibility

Mayor Jason C. Inskeep convened the Afton Town Council on Jan. 12, 2021, for a meeting that included discussion about the town’s responsibility for sewer service lines. Town Administrator Violet Sanderson told the council that Ordinance 614 currently assigns responsibility when (A) the town replaces sewer service lines during road or utility projects or (B) when property owners replace their service lines with town approval but leaves unclear the status of service lines that fall outside those two criteria.

Sanderson said the ordinance “does not address service lines not subject to criteria A and B and needs to be better defined,” and she requested that the Afton Utility Board review the ordinance with the Director of Public Utilities and return recommendations to the council. Town Attorney Dale Cottam said he had researched the legal framework and advised that the ordinance should be revised to clarify responsibility, while noting that state law is generally favorable to municipal requirements that property owners maintain service lines.

Council members emphasized that where a property owner is required to replace sidewalks or roadway surfaces, technical specifications and bonding must be in place for right-of-way excavation permits. Sanderson confirmed that specifications exist and that a bond is required for right-of-way excavation permits. The council directed the Utility Board to consider the issue and make recommendations at a future meeting.

The council did not adopt an amended ordinance at the Jan. 12 meeting; it asked staff and the Utility Board to prepare specific language and options for council consideration at a later date.