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 .