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)"
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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.
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PASSED and APPROVED this 15th day of July, 2008. �'�.
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: FAYETTEVILLE :
APPROVED: ATTEST: • � =
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By: 4 'Q! By:
DAN OD ayor S N RA E, SMITH, City erk/Treasurer
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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)
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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:
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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