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HomeMy WebLinkAboutMiscellaneous,' ~ .:::.:, ~. ;.... ~-•. .1.: •}.: .; yam/}....... 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Ends Statements /Strategic Issues: #3 _ Health & Public Safety tem : Consideration of ordinance amendments to facilitate he collection of ~~" °"~ water and. sewer line reimbursement fees by individuals who originally construct. ;' the line. Item Summary : Several years ago, the Council adopted a Water and Sewer Main Extension ordinance. This allowed individuals who extended water or sewer lines to be reimbursed when others tied on to the Fine. "The intent was to allow lot owners to use the remainder of their 5 year septic license before being required to tie on to the sewerline: Staff has been consistently implementing the ordinance in his manner: The City has not extended collection linen to individual lots. These lines have been extended by the developer or owner of the property: Staff would like to clarify he time frame and circumstances when owners are required_to connect to the line. There are currently 7 individuals (or groups) in the Foxfire/Sandstone area wh® are expecting these reimbursements based on this ordinance and policy. These .ordinance revisions will make he current policy clear and written in ordinance form. ' We have added in Section-3, K. Foxfire and_Sandstone Subdivision Sanitary Sewer Service Master Plan and Enforcement ,the ability for a line user to receive a 1 year temporary non- renewable license to coxes the interim period between :after their septic license expires and when they must connect to the gravity system.. This will allow there additional time to arrange financially or otherwise for the connection. financial Summary: Not applicable as lines are paid for bylotowners. Veronica J B Morgan Asst City Enoineer `\ I I /// Staff Recommendation: Staff recommends approval of the ordinances as amended. City Attorney Recommendation:. A decision to amend the ordinance is dependent upon the City's obligation to provide sewerservices to the pre- existing :uses in this annexed area. There are two considerations. Specifically, what level of service must be provided? The Texas Local Government code provides 4 - 1/2 years for installation of utilities. It states, "for-purposes of this section full municipal services means services funded in whole ®r in part by municipal taxation ahd provided by the annexing`municipality within its full-purpose boundaries. If the municipality owns a water or wastewater utility, the municipality shall, subject to this section, extend water and wastewater service to any annexed area not within the service area of another water or wastewater u#ility." _It further provides, "A service plan may not require a landowner in the area to fund he capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395` (impactfees), unless otherwise agreed to by the landowner".. _ Of .equal importance, the Texas Local Government Code also provides that the ~ service must be to the` same. level as to comparable areas of topography and ~' land use. ' It is significant that the Code provision: states, "This section does not require that a uniform level of full municipal services provided to each area of the municipality if different characteristics of topography, land use, and. population density, are considered sufficient'basis for providing different levels of services" The City can set consistent standards of improvements to be made..,. Council Action Desired: Approve the ordinance amendments. Supporting Materials: 1. Ordinance amendments o:kleve seMcVsht~foxswcv.doc /. \ r ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.55, SECTION G. (1), REGARDING PROXIlvITI'Y TO PUBLIC SEWER AND WHEN A CONNECTION IS REQUIRED, ORDINANCE NO. 1735, SECTION 3.K, REGARDING THE FOXFIltE AND SANDSTONE SANITARY SEWER MASTER PLANS, AND ORDINANCE N0.690, REGARDING WHEN NEW ON-BYTE SEWAGE DISPOSAL SYSTEMS WILL BE ALLOWED, WHEREAS, the City of College Station through the annexation of rural areas, has citizens who currently use on-site sewage disposal systems, WI~REAS, it is in the best interest of the public to have these systems cease operation when a connection to a gravity sewer can be made, WHEREAS, it is necessary to clarify when this connection is reasonable to make, WI~REAS, Ordinance No. 55 which gives guidance as to when a connection must be made can only be applied in instances where ~ ~ ~~ p. ~Y(tu l5 `~ WHEREAS, the City of College Station constructs only sewer mains and not sewer llection lines, WHEREAS, the sewer oolledion lines in subdivisions are constructed by developers. or in some pses individuals, ,_ WF~REAS, the. City Council passed Ordinance No. 1993, the Water & Sewer Main Extension Ordinance, to allow. individuals or developers to receive compensation from ultimate users ("line users") that will tie into the line: the individual or developer constructs, WHEREAS, it is necessary to clarify when new on-site sewage disposal systems will be allowed within the City limits, N4W TFIEREFORE, BE 1T ORDAINED BT' THE CITY COUNCII, O>i THE CITY OF COLLEGE STATIONc I. That Chapter 11, Utilities, Section 2, G.(1) Proximity to Public Sewer within Ordinance No. 55 is hereby amended to read as follows: Every owner of a building or part thereof occupied by people for any purpose, any part of I the day or night, situated on any Fi~r~oelti-platted lot in the city where a public sewer is did--constructed by either the City, developer, or an individual, and maintained within one hundred fifty feet (150') from the nearest lot line on which said building is I located is required to install a sanitary sewer service line to connect wit~~in-said building-or-par~f-a-building-vs~ater-c-loset-or-water-closets-$n~~ava-them~enne~t®d-to the sewer. Owners of buildings coming within the terms of than subsection and looted on aer~ga-t~ts~ ad unplatted lot sl~ll be required to install a acanitary newer service line~atsr-elpsat-eater-elosats and connect same to the sewer constrncted by eitlAer tfre City, developer,. or an individual, if the. said building at its nearest point is within o:ldev sa~ldlfoxorddoc q '~ o C a ~ 1 t h 11 1, o.. ~ 'rea I two hundred fifty feet (250) from the sewer.~ai~~~°n~~-~~~~~~~ disoharrga-i-nto~the-sewer: II. That Chapter 11, Utilities; Section 3, K. FOXFIRE AND SANDSTONE. SUBDIVISIONS SANITARY SEWER SERVICE MASTER PLAN AND ENFORCEMENT within Ordinance No. 1735 is hereby amended by adding the following: (4)Connection by Subsequent Users (a) Upon the completion of anysewer collectionline pursuant to the'Fo~re and Sandstone Sanitary. Sewer Master Plan, all "line users"(as defined in Section 3: WATER AND SEWER MAIN EXTENSION POLICIES) designated prior to the construction of the collection tine eztension, shall connect to the designated collection line within 1 year from the date upon which the Health District makes its renewal inspection of the septic system. lif the. septic system is operational and meets alCapplcable regulations, the Health District will issue a 1 year temporary non-renewable license to cover this interim period while the line user makes necessary arrangements, financial or otherwise, to connect to the line. Such provision shall control over >iny conflicting ordinance provisions. (b) Every owner of a residential structure within the Fozfire and Sandstone Sanitary'Sewer Master Plan area whose lot line is adjacent to a sanitary sewer collection line that is to be eztended (per the Master Plan) shall constructthe collection line through the length of their property in compliance with the Fozfire and Sandstone Sanitary Sewer Master Plan. This ertension must be made'hy owner withia l yearfrom the date upon which the Health District makes its renewal inspection of the septic system.lif the septic system is operational and .meets all appGsable regulations, the Health District will issue al year temporary .non-renewable license to cover this interim periodwhile the owner makes " necessary arrangements, financial or otherwise, to connect to the Line. Such provision shall control over any conflicting ordinance provisions. (S~ Definitions Collection line is a sewerline that is intended to primarily serve individual lots or tracts. ti collection line will always connect to a main or trunk sewer line.. Main line (trunk lure) is a sewerline hat services an entire subdivisionor subdivision(s). Renewal inspection is the inspec~tiou performed by the Brazos County Health . District upon the e~piratiou of the septic system permit. Typically, this inspection is,performed 5 years from the issuance date of the original permit. Septic svatem r-ermit is a permit issued by the Brazos County Health District, valid for a period of 5 yr„ara, which allows an individual to operate and maintain n private sewage facility on their property. i ,~ III. ~~ °Ibat Section 8-P.3 of the Subdivision Regulations Ordinance No. 690, is amended to read as follows: 8.P.3 On-site wastewater disposal systems, including private septic systems,. may be used in'areas where topography, density'of development and/or other factors. make sewer collection facilities impractical.. Such systems, when allowed, must-meet the requirements of the Brazos County Health District and TNRCC Regulations and I maybe located only in the follovaing zoning districtsc A-0, A-OR, or A-OTC. --~. o:lde~r sce~dlfoxord.doc ~--~~ ~I~ z V ~s P,~~`w ORDINANCE. AMENDMENTS These ordinance amendments tonight are the result of staff's efforts to correct some ambiguity in the existing ordinances which discuss the allowance of septic systems and .the timu1g for individuals to tie on to the. City gravity sewer system. These defects in the current ordinances were brought to light by staff's work with. individuals in the Foxfire/Sandstone area as well as our work on the interlocal agreement with the Brazos County Health.. District and the rural subdivision regulations. All. of which are items before you this evening,: ; It is the City's policy to construct water/sewer mains or trunk lines and to have developer's or individuals construct the collection lines. This. is apparent in r ~ o ~sru di 'lion regulations and the ordinance requirements ton of public infrastructure with final platting activity on a piece of property. We can see examples of this in the: Foxfire area, Graham Road area, and througout the City. In Foxfire for example, he main tr~ink li e was constructed from Woodcreek, through Foxfire to' ~ CCWWTP. Subsequent collection lines,. which tie to this trunk, were constructed by individuals who. desired sewer service, or in the case of Foxfire Phase 4, constructed by the developer, who subdivided these lots, In the Graham Road area, -the City is using impact fees to finance the trunk line through that area. The collection lines, which serve Edelweiss I,II,III,and IV are being. extended .and paid.. for by the developer in the area. in an effort to allow. individuals or developers to recoup some of their cost of m these collection lines, the City passed the Water & Sewer Main Extension' ~~~/ Ordinance. It uses a calculation based on the total capital cost of the infrast ~},c~ture divided by the total acreage served to .compute each lots "fair share'~~''We found in our research that the trigger mechanism that would 3 allow this reimbursement is flawed in the. current ordinances. We have 7 individuals or .groups in the foxfire/sandstone area who are expecting these reimbursements. ,, __ There are 3 different ordinances that we are bringing to you tonight modify to ~~ f ,`" ~ ~, ~ ~~ __ ~~-~ y ~ ~ ~... 1. trigger. this reimbursement and ~. ' ~ 4,.~ 2. to fiirtlier clarify when septic systems can be used in ~ ~ ~~~~`~~-~~ - ` the first is the .:proximity to public sewer sectio r our co~Cle. In this section, c. ~,~;~ there were references. to city blocks and acreage tracts. There was. no ~ i i 1 definitions. were wide and. ~~ ~~ (~ definttion of these in the text and and v dua s I~J varied. We have changed the wording in the r : ~ri~~e~to reef r o latte vs~~,,~~~y , un latted lots when measurin distanced nad ition, we clan ide the original p g intent of this section, which was to establish a t' ~ frame when an individual was required. to tie on to the gravity syste with. s rvi e l~'t1e pr yand line. -~} ~g Kov~r ~,t,~t-e~~. -~ f~t,~.-"~Q, `fem. ~~~s1^ ~ co~P~=ttsr~ U~2O the second ordinance. amendment is to the foxfire /sandstone master plan ordinance. these new sections will define the timing when a "line user" as defined in the water & sewer extension main ordinance will be required to tie ~~~ on and when an adjacent lot will be required to tie on. when the w/s main extension ordinance was passed the discussion was to allow individuals who were not participating. in the line (but would eventually tie to the line under construction) to use out the remainder of their 5 year .septic permit life before ~> '~ being required to tie on. with this new ordinance language, we have clarified ' that and added a l year non-renewable license to allow the individuals one extra year to make the connection. we have also clarified when an adjacent lot would be required to extend the adjacent collection line grid tie on. this is a similar time frame.. C~.e cam- ~ ~~` ~5 ~ti ~aM~'`'r l~~ -}~ l .w~-.~ we have. also added a definition: section to further clarify some of the language used in the ordinance.. The. last. ordinance that is being amended is the subdivision regulations. in it ~U,~ we are clarifying that new septic systems are only allowed in the -1 agricultural/open districts of a-o, a-or, and a-ox. these corrections .should all ~s to enforce and administer the ordinances as (~` - \ discussed when he /s r extensio or ' ance was SCt~"~~~ ~ ~ ~~ ~ %~~ ~ ~ ~ taff would recommend a r wal f the amendments pp o o rox, do I need to amend the wording on the one whereas clause. - ~,~IQ,U~1~, ' E ~~ ~qq 4~4~ ~v i'll be happy to answer any questions that you. may have. .- ,- ,:; /. ~\~ I/ ~~ _. >. \ ~~ 1 ~F \\ .. I ` ~\