07-24-03-Ordinance-Regulating Alternative Water and Sewer Facilities-07/21/2003Robert Dillard - ord07,24.03.doc Page 1
ORDINANCE 07-24-03
THAT CHAPTER 13, ARTICLE 13.2006 REGULATING ALTERNATIVE
WATER AND SEWER FACILITIES OF THE CODE OF ORDINANCES OF THE
CITY OF SANGER, TEXAS, IS HEREBY AMENDED; 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, Article 13.2006 of the Code of Ordinances, City of Sanger,
Texas, is hereby amended to 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.
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, which shall be reviewed by the Water/Wastewater
Superintendent and the City Engineer.
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 of well installation.
Robert Dillard - ord0724.03.doc Page 2
(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
Water/Wastewater Superintendent 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.
Robert Dillard - ord0724.03.doc Page 3
(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:
health.
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
f. 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,
Robert Dillard- ord0724.03.doc Page 4'
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 18 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 from the city designated representative
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 21st day of July A.D., 2003,
by the City Council of the City of Sanger, Denton County, Texas.
APPROVED:
L GCS y _ b s i5%i 9iPI1 rddh,
Tommy7I inc d, MayorATTEST: ;bo N
Rosalie Chavez, City Secretar
i
a
n
Robert Dillard - ord0724.03.doc Page 5
APPROVED AS TO F RM:
CITY ATTORNEY
ORDINANCE 07-24-03
THAT CHAPTER 13, ARTICLE 13.2006 REGULATING ALTERNATIVE
WATER AND SEWER FACILITIES OF THE CODE OF ORDINANCES OF THE
CITY OF SANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Duly Passed by the City Council of the City of Sanger, Texas, on the 21" day of July,
2003.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY