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07-22-03-Ordinance-Regulating Alternative Water and Sewer Facilities-07/07/2003ORDINANCE 07-22-03 THAT CHAPTER 13, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 13.2006 REGULATING ALTERNATIVE WATER AND SEWER FACILITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 13 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 13.2006, which said article shall read as follows: " ARTICLE 13.2006 ALTERNATIVE WATER AND SEWER FACILITIES. All developments within the jurisdiction of the city shall be required to have approved water supply and sanitary sewerage facilities and shall be required to connect to the city facilities unless alternative arrangements have been approved by the city according to the following standards and procedures: (1) Water wells (individual and irrigation). Developments may be approved with alternative water facilities according to the following criteria: a. Water well operation and quality shall meet the minimum requirements of the state department of health and city health ordinances. b. Water wells may not be utilized in any commercial sale of the water. C. Analysis must be performed by a professional hydrogeologist and a report furnished to the City demonstrating that there will be no impacts to any public or private wells within one (1) mile of the proposed well. d. An applicant for approval of an individual or irrigation water well shall submit the following evidence to the executive director of utilities: 1. Water quality tests; 2. Affidavits stating that no more than one (1) family will use the well and/or the well water will not be used in any commercial sales; and 3. Certified cost estimate of well installation. (2) Septic tanks. Developments may be approved with alternative sewer facilities according to the following criteria: a. A septic tank may be installed to serve an individual residence, commercial or industrial facility if- 1 . The premises upon which such structure is located is more than two hundred feet (200') from any city sanitary main; 2. The executive director of utilities certifies in writing that the topography of such premises makes normal connection with such existing sanitary sewer main impractical or impossible; and 3. The operation of a septic tank is feasible on the premises and will meet the standards and requirements of this chapter. All other installations of septic tanks shall be unlawful within the city or the extraterritorial jurisdiction. b. Septic tanks shall be installed in accordance with the standards established by the state department of health. C. An applicant for approval of an individual septic tank shall submit the following evidence to the executive director of utilities: 1. Map and statement of justification; 2. Affidavits that no more than one (1) residence, commercial or industrial facility shall be utilizing such septic tank; 3. A plan of the septic tank system prepared by a registered professional engineer or registered professional sanitarian; and 4. Affidavit of the results of the percolation tests. Upon review of this evidence, the executive director of utilities may issue a septic tank permit. (3) Other individual septic systems. Other individual septic systems may be considered if satisfactory evidence is submitted certifying that the system meets all requirements and standards of the state department of health. (4) Private co-op systems. In areas where development requires water and/or sewer services for more than a single facility and the cost of extending and tying onto the city system is prohibitive, privately owned water and/or sewer facilities may be considered and approved by the city according to the following general criteria: a. The cost to tie onto the city system would be significantly greater than the proposed alternative. b. The applicant of the proposed alternative system provides certified evidence from a registered professional engineer that the system will meet all city, state and federal health and water quality standards. C. The sizing and material quality of all facilities will meet the city standards. d. Perpetual private maintenance is guaranteed by such means as a homeowner's association, bonds or other means approved by the city attorney. e. Operators of the system will be certified by the state department of health. £ The city shall have the right to inspect the system periodically to determine if such system is being operated and maintained according to industry standards. g. The review and approval procedures for such private water and/or sewer system shall proceed concurrently with the normal platting and engineering plan approval process as outlined in this article, except for applications under these alternative water and sewer facilities proposals, which shall first require review and recommendation from the public utilities board and final concurrence from the city council. h. The city may accept existing or annexed private water or sewer systems for operation and maintenance when the city's water and sewer lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and city standards. Such private system shall be dedicated to the city at no cost. i. Prior to such acceptance by the city, such water and sewer lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc. If water and sewer lines and facilities are not according to city standards, a per -lineal -foot pro rata charge shall be assessed to the users of such system for installation of these new facilities or will be on a per -lineal -foot, actual -cost basis for upgrading or repairing the existing facilities to meet city standards. (5) Connections to sanitary sewer extensions required upon notice. Whenever the city sanitary sewer system is extended to within two hundred feet (200') of any lot or parcel of land within the corporate limits of the city where a septic tank, dry closet or privy vault exists, the owner or occupant of each premises shall, within _months, abate and discontinue use of such septic tank, dry closet or privy and shall construct a suitable water closet upon such premises and connect the water closet with the city sanitary sewer main within thirty (30) days after written notice to do so fiom the city health officer unless he can show by county health certificate that his current system is functioning in a sound and safe manner. He shall further be required to have these facilities recertified every two (2) years." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 7th day of July A.D., 2003, by the City Council of the City of Sanger, Denton County, Texas. APT,ROVED: ommy 'ncaid, Mayor ATfzTtl:,J_u - Rosalie Chavez, City Secrets APPROVED AS TO FORM t M