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HomeMy WebLinkAboutOrdinance 4263 /I ORDINANCE NO. 4263 fi � J AN ORDINANCE AMENDING CHAPTER 166: DEVELOPMENT, § 166.04 A.8., SUBURBAN SUBDIVISION, SUBSECTION b., PUBLIC SANITARY SEWERNOT ACCESSIBLE, OF THE CODE OF FAYETTEVILLE, TO ALLOW LOTS SMALLER THAN 1 %: ACRES THAT ARE ON A SEPTIC SYSTEM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 166: Development, § 166.04 A.8 ., Suburban Subdivision, Subsection b., Public Sanitary Sewer Not Accessible, of the Code of Fayetteville, is hereby deleted and the following shall be inserted in its stead: Where a public sanitary sewer is not reasonable accessible, the subdivider shall be required to install a community sewage system, as defined by Act 402 of the 1977 Arkansas General Assembly, in compliance with State Health Department's standards and regulation; provided, if a community sewage system is not reasonably available or economically feasible, and the subdivision has been platted so that each lot has a minimum gross area of one and one-half acres, an individual sewage disposal system for each lot may be used; for lots having a gross area of less than one and one-half acres, an individual sewage disposal system maybe used for each individual lot when a permit for a septic system is granted by the Arkansas Department of Health. A copy of the Arkansas Department of Health permit granted for each lot shall be provided at the time the application is submitted for subdivision or lot split approval for all lots less than 1 '/a acres. Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by State law, and water wells onsite or offsite within 100' shall be shown on all proposed subdivisions and lot splits. Individual service lines and connections shall be installed prior to the paving of the street, if possible. The minimum gross area requirement prescribed hereby for an individual sewage disposal system shall not apply to any subdivision for which an approved plat has been filed on record prior to July 5, 1977. c + , e1 I6 �1ND APPROVED this V day of August , 2000. APPROVED: P By; Fr Hanna, Mayor A By: ? Heather Woodruff, City Cle NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials cJ - Q a 18-00 � Planning Commission Minutes June 26, 2000 Page 23 AD 00-18.00: Administrative Amendment to Chapter 166 "Development" of the Unified Development Ordinance, Section 166.04(A)(8) "Suburban Subdivision -Public Sanitary Sewer Not Accessible" to allow lots smaller than 1 %z acres that are on a septic system. Odom: The next item that we have on tonight's agenda is AD 00- 18.00: Administrative Amendment to Chapter 166 "Development" of the Unified Development Ordinance, Section 166.04(A)(8) "Suburban Subdivision-Public Sanitary Sewer Not Accessible" to allow lots smaller than 1 '/2 acres that are on a septic system. This is a proposal set out by the City Staff and so Tim, I' ll let you run with it. Conklin: Sure. Approximately a month ago Washington County Inter-Governmental Council recommended we change the way we review our subdivision and lot splits in Washington County within our Growth Areas. That change has resulted in the City of Fayetteville now reviewing lot splits and subdivisions prior to the county approving them. In the past we always would require that the county approve the lot size and configuration prior to coming to our office and the Planning Commission. Looking at our lot splits that we've received recently and looking at what our ordinances require we do have a 1 .5 acre minimum lot size when you are on a septic system inside our Growth Area. In 1992 we had a similar requirement for septic systems inside our city limits. Staff is proposing to change the ordinance to allow something less than 1 .5 acres if they do provide a permit for a septic system. What I'm trying to do here is to make sure that we comply with our ordinance and that since the county is no longer approving lot sizes smaller than 1 .5 acres prior to coming to us this is something I do need to bring to your attention. On page 6.3 under § 166.04 (A)(8)b everything that I 've underlined is the new language that I propose to put into this section which applies to our Planning Area where we do review our lot splits and subdivisions. That states, "for lots having a gross area of less than one and one-half acres, an individual sewage disposal system may be used for each individual lot when a permit for a septic system is granted by the Arkansas Department of Health. A copy of the Arkansas Department of Health permit granted for each lot shall be provided at the time the application is submitted for subdivision or lot split approval for all lots less than 1 % acres. Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by State law, and water wells onsite or offsite within 100 feet shall be shown on all proposed subdivisions and lot splits." Basically I would like to have the actual permit and perc tests completed and submitted along with the lot split application on anything less than an acre and a half. That way I will know for sure that it's meeting our ordinance and also will be able to be built on in the future. That's what I'm trying to accomplish with this ordinance amendment. Planning Commission Minutes June 26, 2000 Page 24 Odom: And, staff, this will also make it consistent with what we do inside of the city. Conklin: That is correct. Odom: And that ordinance was passed back in 1992 to allow lots of less than 1 .5 within the city to be approved without a waiver? Conklin: Yes. PUBLIC COMMENT: Odom: Any member of the audience like to address us on this issue? COMMISSION DISCUSSION: Odom: Seeing none I ' ll bring it back to the Planning Commission for sewage discussion. Estes: Mr. Chairman. Odom: I figured you'd be the first on that one. Commissioner Estes. Estes: Mr. Conklin, your requirement regarding the perc test, is that included in the sub part of § 166.04? Conklin: Yes. In order to get a permit for a septic system they do have to hire someone to actually do the test and have that approved by the Arkansas Department of Health. So, if I can get a permit in hand I do know that they've dug the hole, they've tested it and that it did pass and you can have a lot that is less than 1 .5 acres. So, I'm asking for this permit up front. Estes: I want to be sure that you get what you are asking for so when the language is in there when a permit for a septic system is granted, are you telling us that when that permit come to your office it will have the perc test with it? Conklin: Yes. Estes: And that satisfies your requirement? Conklin: Yes. In order to get the permit they have to have the perc test already completed. Hoffman: Mr. Chair. Planning Commission Minutes June 26, 2000 Page 25 Odom: Commissioner Hoffman. Hoffman: A little bit more on the subject. Were we able to locate, I 'm trying to make this a little bit more user friendly since it'll be a different procedure for the folks that are used to doing things with the county first, can we get the soils map available at the city to give them a general idea of the good and bad areas that exist? Conklin: Sure. I don't have a problem with making that available to the public. Once again, by the time we do get the permit that test will have been completed. It does cost money for a septic system or perc tests do cost around $300 to $400 each, however, the ordinance also reads what we currently are doing, anything over 1 .5 acres the city is not going to require that that test be completed. So if you don't want to go out and spend the money to make sure that you can have a lot smaller than 1 .5 acres, you can propose a 1 .5 acre lot and bring that forward without that permit. I think it's important though, when you start going below 1 .5 acres to make sure that these lots will be able to have their individual septic systems on them. Odom: Any further discussions? Motions? MOTION: Shackelford: Mr. Chairman. Odom: Commissioner Shackelford. Shackelford: I'll make a motion that we approve AD 00- 18 subject to staff comments. Bunch: Second. Odom: We have a motion by Commission Shackelford and a second by Commissioner Man- to approve AD 00- 18. Bunch: Commissioner Marr is not here. Odom: Oh well, excuse me Commissioner Bunch. Any further discussion? Call the roll. ROLL CALL: Upon roll call the motion carries on a vote of 7-0-0. FAYETTEVILLE �? THE CITY OF FAYETTEVILLE, ARKANSAS COkE 113 W. Mountain St. Fayetteville, AR 72701 Telephone: PLANNING DIVISION CORRESPONDENCE 501-575.8264 TO: Fayetteville Planning Commission FROM: Tim Conklin, City Planner DATE: June 22, 2000 AD 00-18.00: Administrative Amendment to Chapter 166 "Development" of the Unified Development Ordinance, Section 166.04(A)(8) "Suburban Subdivision -Public Sanitary Sewer Not Accessible" to allow lots smaller than 1 1/2 acres that are on a septic system. RECOMMENDED MOTION To approve an amendment to Chapter 166 "Development" of the Unified Development Ordinance, Section 166.04(A)(8) "Suburban Subdivision -Public Sanitary Sewer Not Accessible" to allow lots smaller than 1 1/2 acres that are on a septic system by added the following language: .. .for lots having a gross area of less than one and one-half acres, an individual sewage disposal system may be used for each individual lot when a permit for a septic system is granted by the Arkansas Department of Health. A copy of the Arkansas Department of Health permit granted for each lot shall be provided at the time the application is submitted for subdivision or lot split approval for all lots less than 1 r/z acres. Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by State law, and water wells onsite or offsite within 100' shall be shown on all proposed subdivisions and lot splits. BACKGROUND Last May, the Washington County Intergovernmental Council Members met and proposed changes to the subdivision review process for City Planning Areas. A City Planning Area is the are outside of the corporate limits where under Arkansas State Code the City has the authority regulate subdivision of land. The proposed change requires that all subdivisions and lot splits in the Planning Area be approved by the City prior to County approval. The previous process required Washington County approval prior to City City approval. The City has in the past relied on Washington County approval with regard to lot size and configuration when dealing with the issue of septic systems. However, the City is now in the position of having to address the lot size and configuration first regarding septic systems when reviewing subdivisions of land. The current ordinance requires lots to be 1 '/2 acres in size when on a septic system. This requirement was amended in 1992 to allow lots less than 1 '/2 acres inside the City when the Arkansas Department of Health grants a permit. Staff is proposing to make the lot size requirements the same for all subdivisions and lot splits located inside the City or within the Planning Area. CURRENT REQUIREMENTS FOR SEPTIC SYSTEMS INSIDE THE CITY Area highlighted refers to lot size §166.03 URBAN SUBDIVISION. (I)(1) 2. Public Sanitary Sewer Not Accessible. Where a public sanitary sewer is not reasonably accessible, the subdivider shall be required to install a community sewage system, as defined by Act 402 of the 1977 Arkansas General Assembly, in compliance with State Health Department' s standards and regulation; provided, if a community sewage system isnot reasonably available or economically feasible, and the subdivision has been platted so that each lot has a minimum gross area of one and one-half acres, an individual sewage disposal system for each lot may be used; for lots having a gross area of less than one and one-half acres, an individual sewage disposal system may be used for each individual lot when a permit for a septic system is granted by the Arkansas Department of Health. Individual service lines and connections shall be installed prior to the paving of the street, if possible. The minimum gross area requirement prescribed hereby for an individual sewage disposal system shall not apply to any subdivision for which an approved plat has been filed of record prior to July 5, 1977. CURRENT REQUIREMENTS FOR SEPTIC SYSTEMS OUTSIDE THE CITY WITHIN THE PLANNING AREA Area highlighted refers to lot size. §166.04 SUBURBAN SUBDIVISIONS. (A)(8) 8. Sanitary Sewer System. a. Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible, the subdivider shall connect with such sewer, and each lot within the subdivision shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. b. Public Sanitary Sewer Not Accessible. Where a public sanitary sewer is not reasonably accessible, the subdivider shall be required to install a community sewage system, as defined by Act 402 of the 1977 Arkansas General Assembly, in compliance with State Health Department standards and regulations; provided, if a community sewage system is not reasonably available or economically feasible, and the subdivision has been platted so that each lot has a minimum gross area of one and one-half acres, an individual sewage disposal system for each lot may be used. Individual service lines and connections shall be installed prior to the paving of the street, if possible. The minimum gross area requirements prescribed hereby for an individual sewage disposal system shall not apply to any subdivision for which an approved plat has been filed of record prior to July 5, 1977. PROPOSED AMENDMENT FOR ALL SEPTIC SYSTEMS WITHIN THE CITY AND PLANNING AREA Underlined text is the proposed text amendment by adding additional language. No existing text is being deleted from this section with this amendment. §166.04(A)(8) b. Public Sanitary Sewer Not Accessible. Where a public sanitary sewer is not reasonably accessible, the subdivider shall be required to install a community sewage system, as defined by Act 402 of the 1977 Arkansas General Assembly, in compliance with State Health Department's standards and regulation; provided, if a community sewage system is not reasonably available or economically feasible, and the subdivision has been platted so that each lot has a minimum gross area of one and one-half acres, an individual sewage disposal system for each lot may be used; for lots having a Bross area of less than one and one-half acres an individual sewage disposal system may be used for each individual lot when a permit for a septic gystem is granted by the Arkansas Department of Health A copy of the Arkansas Department of Health permit granted for each lot shall be provided at the time the application is submitted for subdivision or lot split approval for all lots less than 1 '/z acres Existing septic systems sewage disposal fields (leach fields), alternate disposal fields required by State law, and water wells onsite or offsite within 100' shall be shown on all proposed subdivisions and lot splits Individual service lines and connections shall be installed prior to the paving of the street, if possible. The minimum gross area requirement prescribed hereby for an individual sewage disposal system shall not apply to any subdivision for which an approved plat has been filed of record prior to July 5, 1977. • Fi !_ ';: , CORD ' 92 PM 3 56 ORDINANCE NO . 3615 EYER AN ORDINANCE AMENDING § 159 . 30 ( I ) ( 2 ) , FAYETTEVILLE CODE OF ORDINANCES , TO PROVIDE J FOR SEWAGE DISPOSAL SYSTEMS FOR LOTS LESS THAT ONE AND ONE-HALF ACRES IN SIZE . 1 v BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That § 159 . 30 ( I ) ( 2 ) , Fayetteville Code of Ordinances is hereby repealed in its entirety and the following shall be inserted in its stead : REQUIRED IMPROVEMENTS § 159 . 30 URBAN SUBDIVISION J ( I ) Sanitary Sewer System ( 2 ) Public sanitary sewer not accessible . - Where a public sanitary sewer is not reasonably accessible , the subdivider shall be required to install a community sewage system , as defined by Act 402 of the 1977 Arkanasas General Assembly , in compliance with State-Health Department standards and regulation ; provided , if cz a community sewage system is not reasonably available or economically feasible , and the subdivision has been platted so that r each lot has a minumun gross area of one and one-half acres , an V individual sewage disposal system for each lot may be used ; for lots having a gross area of less than one and one-half acres , an individual sewage disposal system may be used for each individual lot when a permit for a septic system is granted by the Arkansas Department of Health . Individual service lines and connections shall be installed prior to the paving of the street , if possible . The minimun gross area requirement prescribed hereby for an individual sewage disposal system shall not apply to any subdivision for which an approved plat has been filed of recored prior to July 5 , 1977 , PASSED AND APPROVED this 2nd day of June , 1992 . APPROVED : / Mayor Cl rk : r'i f 92 304 ? June 2 , 1992 ' AmENDmENT TO SUBDIVISION REGULATION ORDINANCE mayor vorsanger introduced consideration of an amendment to the Subdivision Regulation Ordinance Section 159 . 30 ( 1 ) ( 2 ) that would allow lots of less than 1 . 5 acres when a permit for a septic system is granted by the Arkansas Department of Bealth . The Planning Commission voted 8 -0-0 to recommend this amendment . Planning Director Alett Little stated the section of the ordinance being amended refers to those areas where a public sanitary sewer is not reasonably accessable or available for connection and the subdivision has been platted so that each lot has a minimum gross area of 1 . 5 acres and individual sewage disposal system for each lot may be used . While the area of 1 . 5 acres is a rather arbitrary figure used , she does not propose to discard that figure in the absence of a permit ; however , since the state has the authority to grant a permit for a septic tank system and it is based on a percolation test being performed on the lot , the State will sometimes approve a septic tank system on a lot having an area less than 1 . 5 acres . Staff is recommending that the City yield to the higher authority of the State when a permit is issued and allow for this in the City ' s regulations . ' The amending ordinance was read for the first time . Coody , seconded by Green , made a motion to suspend - the rules and place the ordinance on its second reading . Upon roll call , the motion passed by a vote of 6 to 0 . The ordinance was read for the second time . Coody , seconded by Green , made a motion to further suspend the rules and place the ordinance on its third and final reading . Upon roll call , the motion passed by a vote of 6 to 0 . The ordinance was read for the third and final time . Director Henry inquired whether the State Department of Health specifies the times in which "perc" tests are to be performed . Little responded that they do not mainly because development of the lot could occur at any given time of the year , and if the Department of Health believes the results to be unsatisfactory , they have authority to request repeat percolation tests . Director Coody asked if the Department of Health performs the "perc" test during the driest time of the year which checks out okay , and then later on , the area turns out to be more of a wetland and the septic tank does not meet specifications , what remedy does the City have . Little responded that the City ' s main safeguard is that septic tank systems are not allowed unless the public sewer system is not ' available , and sewer systems are available in most areas throughout the City . Little reiterated her belief that this is not an area in which the City should assume responsibility , rather the City should yield to their authority as to what will be permitted . ti, I V June 2 , 1992 Director Green stated that even though there may be some "holes" in ' the percolation test occasionally , he believes that the State Health Department should have the authority and responsibility for administration of the tests . Upon roll call , the amendment to the ordinance passed by a vote of 6 to 0 . ORDINANCE 3615 APPEARS ON PAGE / y7 or ORDINANCE BOOK REZONE R92 - 17 Mayor vorsanger introduced an ordinance annezing 70 acres and rezoning 112 . 83 acres located south of Skillern Road and east of Crossover Road from A- 1 , Agricultural , to R- 1 , Lov Density Residential , as requested by Truman Yancey on behalf of James Riley Skillern . The Planning Commission voted unanimously to annex 70 acres and rezone the whole parcel as requested by the petitioner subject to the developer reaching an agreement with the City to accomplish paving to City standards Skillern Road along the front of the property . The ordinance was read for the first time . Green , seconded by , Nash ,_made_a_motion to suspend the rules and place the ordinance on its second reading . Upon roll call , the motion passed by a vote of 6 to 0 . The ordinance was read for the second time . Green , seconded by Nash , made a motion to further suspend the rules and place the ordinance on its third and final reading . City Attorney Rose explained that there has been some discrepancy in the acreage , as the original application was for 70 acres and the petition to the Court set forth 80 acres . The 80 acre figure is correct and is the figure before the Board for consideration . Truman Yancey , attorney on behalf of Mr . Skillern , confirmed that the property contains 80 acres and is properly described in the legal description . He further explained that the change in acreage resulted from the survey for which the description wording is slightly altered , even though it refers to the same area . Mayor Vorsanger called attention to a letter received by County Judge Johnson indicating that the County will do their share of the road paving . Little reported that the Planning Commission voted 9 -0-0 to annex and rezone the property from "A- 111 to IIR- 111 ; however , their approving vote was subject to the developer reaching an agreement with the City to accomplish the paving of Skillern Road to city standards since they would be developing a substantial subdivision of over 100 new lots . Subsequently , the Planning Commission met 06/ 21 / 2000 15 : 34 5019738483 WCHD PAGE 02 AR DEPT OF HEALTH REQUIREMENTS SECTION II . PLANNING THE LEACHING SYSTEM, 2 . 1 . Public sewage versus individual sewage disposal systems . Every effort should be made to connect to an existing ' public sewer system. When connection to an existing system is not feasible and a large number of residences are to be built in an area , consideration should be given to the construction of a community sewer system and treatment plant . However , since an improperly operated or inadequately staffed community sewage treatme t plant' cannot effectively treat wastes, consideration should be given to the size of the proposed system toinsure that economically feasible sewer rates are sufficient to insure proper treatment plant operation . As an aid to developers and engineers , the following info tion is offered to determine the feasibility of a public sewers stem or individual disposal system. POPULATION DENSITY EQUIVALENT LOT SIZE SERVICE ECONOMIC JUSTIFICATION Over 5 , 000 persons Less than 1 /2 acre Public sewerage is justified per sq . mi . 2 , 500-5 , 000 persons 1 /2 to 1 acre Public sewerage normally is per sq . mi . justified 1 , 000-2 , 500 persons - 1 -to- 2 -acres Public sewerage normally is per sq . mi . not justified Less than 1 , 000 Over 2 acres Public sewerage rarely is persons per sq . mi , justified Z . 2 Minimum lot si es . The fbllowing lot sizes are required , when septic tank absorption field systems are proposed : - . A . If an individual water well supply and septic tank system are proposed , the lot size must be such that the well may be located at least 50 feet from any side lot lines , at least 25 feet from the front lot line , at least 100 feet from the rear lot line and at least 100 eet from any part of the septic system site proposed on the same of and septic system sites proposed on any adjacent lots . Wells should be located up slope from septic systems if possible . For the purpose of determining minimum lot size , the septic system s-i-to-proposed-en the-lflt -and-on-any-adj twice the size required For installation of the sewage disposal field . However, in no case shall a septic system be approved regardless of lot size if soils are unacceptable for subsurface disposal .