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HomeMy WebLinkAboutOrdinance 5152 ORDINANCE NO, 5152 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO AMEND CHAPTER 151 : DEFINITIONS, CHAPTER 152: ADMINISTRATION AND CHAPTER 166: DEVELOPMENT IN ORDER TO PROHIBIT DECENTRALIZED SEWER SYSTEMS WITHIN THE CITY LIMITS WHEREAS, the City Council has the authority under A.C.A. § 14-236-01 to regulate the disposal of waste and wastewater; and WHEREAS, safe and adequate sewage disposal promotes the health and welfare of the citizens by minimizing the exposure of the citizens, farm animals, domestic animals, fish, and wildlife to human excreta and domestic wastes and thus minimizing the disease transmission potential of human excreta and domestic wastes, by minimizing the contamination of drinking water supplies and the hazards to recreational areas, and by minimizing the pollution of other ground and surface waters; and WHEREAS, the City of Fayetteville provides a community sewer system that efficiently and safely disposes of water and wastewater; and WHEREAS, the Community sewage systems or decentralized sewer systems pose potential environmental and management concerns. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ARKANSAS: Section 1 : The City Council of the City of Fayetteville, Arkansas hereby amends § 151 .01 Definitions of the UDC by adding the definition of Community sewage system as shown below: "Community sewage system. (Development) Any non-publicly owned system serving two (2) or more individual houses, housing units, apartments or other occupied structures for the collection and disposal of domestic, non-residential or industrial wastewater of a liquid nature, including various devices for the collection, conveyance and treatment of the treated wastewater effluent and the monitoring of the affected groundwater quality and the management of the associated solid waste by-products (septage and sludge). (Also known as decentralized sewer systems)" . _ ... .•vim.�, vC�r..-vr . . it Section 2: The City Council of the City of Fayetteville, Arkansas hereby amends § 152.02 of the UDC by enacting a new subsection 152.02 (U) as follows: "(U) Water and Sewer Systems: City Engineer. " Section 3 : The City Council of the City of Fayetteville, Arkansas, hereby repeals § 166.03 (I) Public sanitary sewer not accessible in its entirety and enacts a new § 166.03 (I) Public sanitary sewer not accessible as shown on Exhibit "A" attached. Section 4: The City Council of the City of Fayetteville, Arkansas hereby repeals § 166.04 (A)( 10)(b) Public sanitary sewer system not accessible and enacts a replacement § 166.04 (A)(10)(b) Public sanitary sewer system not accessible as shown on Exhibit "B" attached. pHmnr"ryr � Z ` * use�S PASSED and APPROVED this 15th day of July, 2008. �'�. =\�G,•��SY oc••Gp : FAYETTEVILLE : APPROVED: ATTEST: • � = `z•. 5 • �, KMA G70"Jim IiIWO N By: 4 'Q! By: DAN OD ayor S N RA E, SMITH, City erk/Treasurer 2 EXHIBIT "A" To be inserted at Chapter 166: Development: 166.03 (l) (4) Annexation of community sewage (1) Public sanitary sewer accessible. systems. Where a community sewage Where a public sanitary sewer is system is annexed into the City, then reasonably accessible, the subdivider the following shall apply: shall connect with such sewer, and each lot within the subdivision shall be (a) Unconstructed systems. The provided with a connection thereto. All wastewater system shall be connections shall be subject to the designed such that the entire approval of the City Engineer. Individual collection system is a traditional- service lines shall be installed, and style gravity sewer system that individual connections shall be made carries all wastewater flow to prior to the paving of the street, if centralized treatment facilities and possible. shall meet City standards for design construction. The system must also (2) Public sanitary sewer not accessible. be designed such that there is one Where a subdivision is proposed so that single point of connection from each lot has a minimum gross area of which a future gravity connection one and one-half acres, an individual can be made to the City sanitary sewage disposal system for each lot sewer system when the latter may be used; for lots having a gross becomes available. This connection area of less than one and one-half shall be made at the expense of the acres, an individual sewage disposal owner of the decentralized system may be used for each individual wastewater system. lot when a permit for a septic system is granted by the Arkansas Department of (b) Constructed systems. Systems Health. A copy of the Arkansas constructed prior to annexation into Department of Health permit granted for the City must tie to the City sanitary each lot shall be provided at the time the sewer system when a City sanitary application is submitted for subdivision sewer main is constructed within 300 or lot split approval for all lots less than feet of the community sewage one and one-half acres. Existing septic system and such main is reasonably systems, sewage disposal fields (leach available to the community sewage fields), alternate disposal fields required system. This connection shall be by state law and water wells on-site or made at the expense of the owner of off-site within 100 feet shall be shown the decentralized wastewater on all proposed subdivisions and lot system. splits. State law reference(s)--"Arkansas (3) Community sewage systems. The Sewage Disposal Systems Act," A.C.A. §14-236- construction of community sewage 101 et seq. systems or decentralized sewer systems shall be prohibited within the City unless expressly permitted by resolution of the City Council. EXHIBIT "B". To be inserted at Chapter 166: Development: 166.04 (A)(10) (b) Public sanitary sewer not accessible. Where a subdivision is proposed 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. 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 one and one-half acres. Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on-site or off-site within 100 feet shall be shown on all proposed subdivisions and lot splits. (Code 1965, App. C., Art. lll, § A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1 -81 ; Code 1991 , §§ 159.31 , 159.32; Ord. No. 4100, § 2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1 -00; Ord. 4660, 12-21 -04) PID eo City of Fayetteville Staff Review Form C2 City Council Agenda Iter or Contracts 1 -Apr-08 City Council Meeting Date Karen Minkel Long Range Planning Operations Submitted By Division Department Action Required: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151 : Definitions, Chapter 152: Administration and Chapter 166: Development in order to prohibit decentralized sewer systems within the City limits. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Bu t t d Jenn Budget Adjustment Attached Previous Ordinance or Resolution # n/a 4L�O `b 4epaD,re,or Date Original Contract Date: n/a Original Contract Number: n/a Received in City lerk's Offt ` J co, 3 - l8 of llwi Finance Internal Service Director Date Received in Mayors Office Ina 3 !d a Mayor Date Comments: JY1271LIV?/ted 7b � F� d /*�Z �v, c2 � �� f or Ar 8 City Council Meeting of April 1 , 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations Tim Conklin, Planning and Development Management Director David Jurgens, Water and Wastewater Director Ron Petrie, City Engineer From : Karen Minkel, Senior Long Range Planner Date: November 27, 2007 Subject: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151 : Definitions, Chapter 152 : Administration and Chapter 166 : Development in order to prohibit or regulate decentralized sewer systems within the city limits RECOMMENDATION Planning Staff recommends approving an ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151 : Definitions, Chapter 152 : Administration and Chapter 166: Development in order to prohibit or regulate decentralized sewer systems within the city limits. BACKGROUND City Council approved an ordinance to attach and incorporate 1 ,419.30 acres into the City of Fayetteville after a majority of citizens voted in favor of annexing the property during a special election held on October 10, 2006. Through this annexation, the City inherited two decentralized sewer systems, one that was already under construction and one that had yet to be constructed but had been approved by Washington County. This prompted collaboration among water and sewer, engineering and planning staff to generate a policy that would address decentralized sewer systems within the City boundaries and within the City' s Planning Area. The following policy recommendations provide a sensible solution for minimizing the costs of management and potential environmental damage within the City boundaries and for accommodating systems that are annexed into the City. The revised ordinance in Chapter 166.03 , which addresses the sanitary sewer system, prohibits community sewage systems within the City boundaries. The ordinance further specifies the design of unconstructed systems that have been approved by the County and subsequently annexed into the City. Constructed systems in the County that have been annexed must connect to the City sanitary sewer system when a City sewer main is within 300 feet at the expense of the owner of the decentralized sewer system. Staff also proposes removing language in Sections 166.03 and 166.04 that is outdated or irrelevant. ��. II City Council Meeting of April 1 , 2008 Agenda Item Number Further amendments include adding a community sewage system definition to Chapter 151 and stating that the City Engineer is the administrator for water and sewer systems in Chapter 152 . The amendments were reviewed by the Water and Sewer Committee on February 27, 2007, and the committee agreed to forward the amendments to the City Council with a recommendation for approval . BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO AMEND CHAPTER 151 : DEFINITIONS, CHAPTER 152 : ADMINISTRATION AND CHAPTER 166: DEVELOPMENT IN ORDER TO PROHIBIT OR REGULATE DECENTRALIZED SEWER SYSTEMS WITHIN THE CITY LIMITS WHEREAS, the City Council has the authority under A .C.A . § 14-236-01 to regulate the disposal of waste and wastewater; and WHEREAS, the City of Fayetteville provides a community sewer system that efficiently and safely disposes of water and wastewater; and WHEREAS, the Community sewage systems or decentralized sewer systems pose potential environmental and management concerns. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ARKANSAS: Section 1 : The City Council of the City of Fayetteville, Arkansas hereby amends § 151 .01 Definitions of the UDC by adding the definition of Community sewage system as shown below: " Community sewage system. (Development) Any non-publicly owned system serving two (2) or more individual houses, housing units, apartments or other occupied structures for the collection and disposal of domestic, non-residential or industrial wastewater of a liquid nature, including various devices for the collection, conveyance and treatment of the treated wastewater effluent and the monitoring of the affected groundwater quality and the management of the associated solid waste by-products (septage and sludge). (Also known as decentralized sewer systems)" s Section 2 : The City Council of the City of Fayetteville, Arkansas hereby amends § 152 .01 of the UDC by enacting a new subsection 152 .01 (U) as follows: "(U) Water and Sewer Systems: City Engineer. " Section 3 : The City Council of the City of Fayetteville, Arkansas, hereby repeals § 166.03 (1) Public sanitay sewer not accessible in its entirety and enacts a new § 166.03 (1) Public sanitary sewer not accessible as shown on Exhibit "A" attached. Section 4: The City Council of the City of Fayetteville, Arkansas hereby repeals § 166.04 (A)( 10)(b) Public sanitary sewer system not accessible and enacts a replacement § 166.04 (A)( ] 0)(b) Public sanitary sewer system not accessible as shown on Exhibit "B" attached. PASSED and APPROVED this day of April, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" To be inserted at Chapter 166: Development: 166.03 (l) (4) Annexation of community sewage (1 ) Public sanitary sewer accessible. systems. Where a community sewage Where a public sanitary sewer is system is annexed into the City, then reasonably accessible, the subdivider the following shall apply: shall connect with such sewer, and each lot within the subdivision shall be (a) Unconstructed systems. The provided with a connection thereto. All wastewater system shall be connections shall be subject to the designed such that the entire approval of the City Engineer. Individual collection system is a traditional- service lines shall be installed, and style gravity sewer system that individual connections shall be made carries all wastewater flow to prior to the paving of the street, if centralized treatment facilities and possible. shall meet City standards for design construction. The system must also (2) Public sanitary sewer not accessible. be designed such that there is one Where a subdivision is proposed so that single point of connection from each lot has a minimum gross area of which a future gravity connection one and one-half acres, an individual can be made to the City sanitary sewage disposal system for each lot sewer system when the latter may be used; for lots having a gross becomes available. This connection area of less than one and one-half shall be made at the expense of the acres, an individual sewage disposal owner of the decentralized system may be used for each individual wastewater system. lot when a permit for a septic system is granted by the Arkansas Department of (b) Constructed systems. Systems Health. A copy of the Arkansas constructed prior to annexation into Department of Health permit granted for the City must tie to the City sanitary each lot shall be provided at the time the sewer system when a City sanitary application is submitted for subdivision sewer main is constructed within 300 or lot split approval for all lots less than feet of the community sewage one and one-half acres. Existing septic system and such main is reasonably systems, sewage disposal fields (leach available to the community sewage fields), alternate disposal fields required system. This connection shall be by state law and water wells on-site or made at the expense of the owner of off-site within 100 feet shall be shown the decentralized wastewater on all proposed subdivisions and lot system. splits. State law reference(s)—"Arkansas (3) Community sewage systems. The Sewage Disposal Systems Act,' A.C.A. §14-236- construction of community sewage 101 et seq. systems or decentralized sewer systems shall be prohibited within the City. EXHIBrr "ll ' To be inserted at Chapter 166: Development: 166.04 (A)(10) (b) Public sanitary sewer not accessible. Where a subdivision is proposed 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. 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 one and one-half acres. Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on-site or off-site - within 100 feet shall be shown on all proposed subdivisions and lot splits. (Code 1965, App. C., Art. III, § A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1 -81 ; Code 1991 , §§ 159.31 , 159.32; Ord. No. 4100, § 2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1 -00; Ord. 4660, 12-21-04) I additional fire hydrants shall be (3) Community sewage systems. The required. construction of community sewage systems or decentralized sewer (1) Sanitary sewer system. systems shall be prohibited within the City. (1 ) Public sanitary sewer accessible. Where a public sanitary sewer is (4) Annexation of community sewage reasonably accessible, the subdivider systems. Where a community sewage shall connect with such sewer, and each system is annexed into the City, then lot within the subdivision shall be the following shall apply: provided with a connection thereto. All connections shall be subject to the (a) Unconstructed systems. The approval of the City Engineer. Individual wastewater system shall be service lines shall be installed, and designed such that the entire individual connections shall be made collection system is a traditional- prior to the paving of the street, if style gravity sewer system that possible. carries all wastewater flow to centralized treatment facilities (2) Public sanitary sewer not accessible. and shall meet City standards for Where a pUbliG sanitary sewaF is no design construction. The system FOaSeAably aGGesGible, the subdivide must also be designed such that shall be required te install a nAFPFnA*ty there is one single point of sewage Gystem, as defined by AGt connection from which a future of the 4977 A.Fkansnq General gravity connection can be made AGsembly, in G0FRpIiaAG9 With state to the City sanitary sewer system when the latter becomes available. This connection shall sewage system is Rat nably be made at the expense of the AvAilgh'A OF GGonerniGally feasible, and a owner of the decentralized subdivision is proposed so that each lot wastewater system. has a minimum gross area of one and one-half acres, an individual sewage (b) Constructed systems. Systems disposal system for each lot may be constructed prior to annexation used; for lots having a gross area of less into the City must tie to the City than one and one-half acres, an sanitary sewer system when a individual sewage disposal system may City sanitary sewer main is be used for each individual lot when a constructed within 300 feet of the permit for a septic system is granted by community sewage system and the Arkansas Department of Health. A such main is reasonably available copy of the Arkansas Department of to the community sewage system. Health permit granted for each lot This connection shall be made at shall be provided at the time the the expense of the owner of the application is submitted for decentralized wastewater system. subdivision or lot split approval for all lots less than one and one-half State law reference(s)—"Arkansas acres. Existing septic systems, Sewage Disposal Systems Act," A.C.A. §14-236- sewage disposal fields (leach fields), 101 el seq. alternate disposal fields required by state law and water wells on-site or off-site within 100 feet shall be shown on all proposed subdivisions and lot 166.04 Required On-Site Improvements — Splits. di A' APFViGA IiReS an Subdivisions In Planning Area the paving of the StFe9t, f possible. !P:ve (A) Requirements. Before the Planning Sa n o a— grac— ? Commission may grant final plat approval for a subdivision located within the city's sewage disposal GYMM shall not apply designated planning area, the subdivider shall have installed, or shall have made a approved plat has hAAn filed of FeGG guarantee of in lieu of installation, as poor to duly 5,187-7 provided by Chapter 158, either at his expense or in accordance with the existing 2