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Sanitary Sewer ConnectionsMEMORANDUM August 28, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Sanitary Sewer Connections In December of 1994, the City Council directed staff to enforce connection to sanitary sewers for properties that are currently within 200 feet of a public sanitary sewer main. The City Council adopted several ordinances relating to the abandonment of septic tank systems. Since that time, the Health Services Department has enfomed connection to the sanitary sewer for approximately 256 properties. This includes properties where sewer was previously available properties and where new sewer was extended to serve existing dwellings. During this process, and more recently as part of the annexation discussions in the Middle Road/Seippel Road areas, the City has identified certain properties where it is not practical to enforce this connection requirement. This is especially true where the properzy line is Within 200 feet, but the residence is hundreds of feet further. I respectfully recommend that the current ordinance be amended to give the City Manager some discretion when ordering these connections. dchael C. Van Miiligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Mary Rose Corrigan, RN, Public Health Specialist TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Mary Rose Corrigan, RN, Public Health Specialist Sanitary Sewer Connection Ordinance Revision August28,2003 INTRODUCTION This memorandum provides an Ordinance revision to the rec uirement for sanitary sewer connection and a staff policy. BACKGROUND Since 1995, the Health Services Department has enforced properties to connect to City sanitary sewer when the property was within 200 feet of existing public sanitary sewer. This is m accordance with the Code of Ordinances. DISCUSSION Existing and proposed new annexations along with large parcels of property, especially where the dwelling is a considerable distance from the City sanitary sewer line, may be unreasonable and impracticable to connect to the sanitary sewer under the existing "200 feet from the property line" ordinance. The attached ordinance revision gives the City Manager the option of deeming a property impracticable for connection and thus not requiring connection to the City sanitary sewer. For the majority of properties, the Ordinance change will not affect the existing sewer connection program. RECOMMENDATION recommend approving the attached Ordinance amendment and City policy for sanitary sewer connection. CITY COUNCIL ACTION Approve the attached Ordinance and policy. MRC/cj cc: Mike Koch, Public Works Director Gus Psihoyos, Assistant City Engineer Sewer Connection Policy In December of 1994, the City Council directed staff to enforce connection to sanitary sewers for properties that are currently within 200 feet of a public sanitary sewer ma~n. The City Council adopted several ordinances relating to the abandonment of septic tank systems. Since that time, the Health Services Department has enforced connection to the sanitary sewer for approximately 256 properties. This includes properties where sewer was previously available and where new sewer was extended to serve existing dwellings. The City Council has amended the Code of Ordinances which allows the City Manager to make exceptions to the sewer connection ordinance when the City Manager determines that the connection is deemed impracticable. The purpose of this policy is to establish standards for impracticability. A sewer connection may be considered impracticable under the following conditions: · If the property where the private disposal system is located is zoned Agricultural or R-1 with one single family dwelling constructed prior to September 2, 2003; and · If the distance is greater than 500 ft between the dwelling served Dy the private disposal system and the public sanitary sewer; and · A private sewage disposal system can be installed on the property in compliance with I.A.C. Chapter 69 if the private system fails or is non- compliant. 08/28/2003 12:41 PM EFFECT OF AMENDMENT Sec. 44-55. Abandonment Of Private On-Site Sewage Treatment And Disposal System Upon Avail ability Of Public Sewer: (a) When a public sewer is constructed within two hundred feet (200') of the property line, the building sewer shall be connected to said sewer in accordance with City standards established by the City Manager and within three hundred sixty five (365) days from date of wdtten notification by the City Manager, unless the City Manager for good cause grants an extension from such three hundred sixty five (365) day period which extension shall not be in excess of the time provided in subsection (b) of this Section, and the pdvate on-site sewage treatment and disposal system abandoned in accordance with subsection (b) of this Section. However, the property shall not be required to connect to the public sewer if construction plans for the private on-site sewage treatment and disposal system are available, the system meets the provisions of chapter 69 of the Iowa Administrative Code, and the system received a construction permit from the City Manager prior to installation. If the City Manager cannot determine that the system is in compliance with chapter 69 of the Iowa Administrative Code, connection shall be made to the sanitary sewer in accordance with City standards established by the City Manager. (b) Notwithstanding the foregoing, no private on-site sewage treatment and disposal system shall be permitted to operate for more than fifteen (15) years, unless otherwise determined by the City Manager pursuant to standards adopted by the City Manager. At any time the City Manager determines the system is no longer adequate, connection to the sanitary sewer shall be made. (c) Notwithstandin.q the fore.qo~n.q, the City Manager is authorized to exempt a property from the requirement of connecting to the public sewer if the City Manaqer determines that such connection would be impracticable due to peculiar conditions of the property and the private on-site sewaqe treatment and disposal system on th~ property is in compliance with chapter 69 of the Iowa Administrative Code. Preparer: Barry A. Lindahl, Esq. Address: Suite 330 Harbor View Place 300 Main Street Dubuque, lA52001 Telephone: (563) 583-4113 ORDINANCE NO. 71-03 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 44 SECTION 44-55 ABANDONMENT OF PRIVATE ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM UPON AVAILABILITY OF PUBLIC SEWER NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances Section 44-55 is hereby amended to read as follows: Sec. 44-55. Abandonment Of Private On-Site Sewage Treatment And Disposal System Upon Availability Of Public Sewer: (a) When a public sewer is constructed within two hundred feet (200') of the property line, the building sewer shall be connected to said sewer in accordance with City standards established by the City Manager and within three hundred sixty five (365) days from date of written notification by the City Manager, unless the City Manager for good cause grants an extension from such three hundred sixty five (365) day period which extension shall not be in excess of the time provided in subsection (b) of this Section, and the private on-site sewage treatment and disposal system abandoned in accordance with subsection (b) of this Section. However, the property shall not be required to connect to the public sewer if construction plans for the private on-site sewage treatment and disposal system are available, the system meets the provisions of chapter 69 of the Iowa Administrative Code, and the system received a construction permit from the City Manager prior to installation. If the City Manager cannot determine that the system is in compliance with chapter 69 of the Iowa Administrative Code, connection shall be made to the sanitary sewer in accordance with City standards established by the City Manager. (b) Notwithstanding the foregoing, no private on-site sewage treatment and disposal system shall be permitted to operate for more than fifteen (15) years, unless otherwise determined by the City Manager pursuant to standards adopted by the City Manager. At any time the City Manager determines the system is no longer adequate, connection to the sanitary sewer shall be made. (c) Notwithstanding the foregoing, the City Manager is authorized to exempt a property from the requirement of connecting to the public sewer if the City Manager determines that such connection would be impracticable due to peculiar conditions of the property and the private on-site sewage treatment and disposal system on the property isin compliance with chapter 69 of the Iowa Administrative Code. Section 2. This ordinance shall take effect upon publication. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:~USERS~, Passed, approved and adopted this 2nd day of September ,2003.