Loading...
HomeMy WebLinkAbout06424ORDINANCE NO. 6424 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII AND CHAPTER 5 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING GENERALLY TO SANITARY SEWERS AND MORE SPECIFICALLY TO SUBDIVISION AND OTHER DEVELOPMENT REQUIREMENTS FOR SANITARY SEWER IMPROVEMENTS, PRIVATELY CONSTRUCTED SEWERS, AND COST RECOVERY FOR OVERSIZED OR OFF -SITE SANITARY SEWER FACILITIES CONSTRUCTION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added) SECTION 1 Paragraph (5) of subsection 0) of Section 12 -4 -7 of Chapter 4 of Title XII of the 1971 Code of Ordinances, as amended, is amended to read as follows: Sec. 12 -4 -7. Minimum Standards. 0) Improvements. (5) Utilities. a. Water supply system. The subdivider shall construct a complete water distribution system, in accordance with the specifications of the Board of Water Works, including a service for each lot and appropriately spaced fire hydrants. b. Sanitary sewer system. The subdivider shall construct a complete sanitary sewer system, in accordance with the design criteria and specifications [of the City Engineer], promulgated by the Director of Wastewater and approved by the City Council [including] which system shall include a building sewer to each lot. The subdivider may also be required to construct off -site oversized or perimeter sewer collection a sv tem improvements deemed necessary to promote orderly and efficient development of the City, subject to the cost recovery procedures specified in Chapter 5 of Title XVI of this Code C. Storm drainage. Adequate provisions for stormwater drainage shall be provided in accordance with standards specified by the City Engineer and approved by the City Council. The subdivider shall also be required to provide appropriate special measures and facilities with respect to any stormwater discharge from land associated with industrial activity or from sites upon which industrial activities or other activities with a potential for release of hazardous substances had been conducted in the past. Such special measures and facilities shall be designed to insure: (1) that the discharge of any pollutants in stormwater discharge will be reduced to the maximum extent practicable; (2) that the stormwater discharge will comply with any state, federal and local effluent limitations applicable to stormwater discharges; (3) that any spill of hazardous substances or toxic material may be prevented or contained to avoid or substantially reduce entry into municipal stormwater facilities; (4) that there will not be a release or threatened release of hazardous substances or hazardous wastes; and (5) that stormwater will not be discharged into municipal facilities which may cause or contribute to a violation of a water quality standard. (remainder of Section 12 -4 -7 unchanged) SECTION 2 Chapter 5 of Title XVI of the 1971 Code of Ordinances, as amended, is repealed in its entirety and reenacted to read as follows: [CHAPTER 5 Sewer; Privately Constructed Sewers Sec. 16 -5 -1. Definitions. (a) A privately constructed sewer is any sanitary sewer or storm sewer constructed by private funds and laid in a public way or place. (b) A building sewer is that part of the horizontal piping of a drainage system which extends from the building and which receives the discharge of the sewage wastes generated in the building and conveys it to a public sewer, privately constructed sewer, individual sewage disposal system or other point of disposal. (c) A public sewer is any sewer constructed by public funds or special improvement district or any privately constructed sewer which has been acquired by the City by operation of Section 16 -5 -6 of this Code. -2- Sec. 16 -5 -2. Permit required. It shall be unlawful for any person to open, uncover, connect to or lay any privately constructed sewer without first having obtained a permit from the Director of Public Works so to do. Such permit shall be kept at the site of the work and shall be exhibited to any police officer or official of the Department of Public Works who may request to see it. Sec. 16 -5 -3. Permits issued to licensed contractors and plumbers. Permits shall be issued for the construction of privately constructed sewers to duly licensed general contractors, plumbers and contractors specially licensed for the construction and installation of sewers. Sec. 16 -5 -4. Applications for permits. All applications for permits for the construction of privately constructed sewers shall be made in writing and signed by the owner of the property to be served or his or her authorized agent and must be accompanied by: (1) A plan or sketch showing the whole course of the sewer which it is desired to construct. (2) A certified itemized statement of the estimated cost of construction of such sewer. (3) Deeds of easement and rights -of -way to and in favor of the City for all sewers over, upon, across, in and under any real property situate in the City or the County other than public property. Sec. 16 -5 -5. Conditions of permits. (a) No application for a permit to construct a privately constructed sewer in any public way or place shall be granted, except upon the express condition that the City may use any privately constructed sewer as a carrying line for any and all sewers it may construct and connect or permit to be constructed or connected therewith. The Director of Public Works may permit and allow other property owners to connect with such privately constructed sewer upon the payment to the party constructing such privately constructed sewer or his or her successors in interest such proportionate sum of the cost of said privately constructed sewer as the Director of Public Works shall determine to be just and equitable. The decision of the Director of Public Works shall be final. In the event the party constructing such privately constructed sewer, or his or her successors in interest, shall refuse to accept such proportionate sum as the Director of Public Works shall determine to be owing, the Director of Public Works shall issue the permit upon proof of tender of the sum determined to be owing. -3- (b) The conditions set forth in Subsection (a) of this Section shall apply to all privately constructed sewers existing and in use on the effective date of the ordinance from which this Chapter derives (July 22, 1963), except as set forth in Section 16 -5 -14 hereof. Sec. 16 -5 -6. City to acquire ownership after ten years. (a) No permit to construct a privately constructed sewer in any public way or place shall be granted except upon the express condition that all right, title and interest to the same will vest in the City ten (10) years after the date of completion of construction. (b) All right, title and interest to any privately constructed sewer existing and in use on the effective date of the ordinance from which this Chapter derives (July 22, 1963) shall vest in the City ten (10) years after said effective date, except as set forth in Section 16- 5-14 hereof. Sec. 16 -5 -7. Cost of construction. All costs incident to the construction of privately constructed sewers shall be borne solely by the applicant. Sec. 16 -5 -8. Right of entry. For purposes of ascertaining violations of this Chapter and conducting routine inspections, the right of entry into any premises drained into any public or privately constructed sewer is hereby granted to any authorized agent of the City to conduct a reasonable inspection or investigation. It shall be unlawful for any person to refuse to permit any lawful inspection or investigation authorized pursuant to this Section. Sec. 16 -5 -9. Notice of connection. (a) Any person holding a permit to lay a privately constructed sewer shall, before making connection of such privately constructed sewer with any public sewer, give the Director of Public Works at least twenty -four (24) hours' notice, exclusive of Sundays and legal holidays, of the time when he or she will be ready to begin, and shall not proceed with the work of making such connection until an inspector detailed by the Director of Public Works for that purpose is on the ground. If prevented from working at the time set, the person holding the permit for the work must at once report the fact to the Director of Public Works or his or her duly authorized inspector and appoint another time for doing the work. (b) Any work done without notice to the Director of Public Works or his or her inspector shall be treated as defective work and shall be uncovered and, if need be, reconstructed by the Director of Public Works at the expense of the person to whom permission was granted for the work, such expense to be recovered in a proper action at law or shall be made alien upon the land to be served by such sewer, and assessed thereto in the same manner as a special assessment. me Sec. 16 -5 -10. Specifications. All privately constructed sewers shall be constructed in compliance with the specifications of the Director of Public Works for the construction of public sewers, and shall be inspected for conformity therewith by the Director of Public Works or his or her duly authorized inspector. Failure to adhere to such specifications shall be grounds for the revocation of any permit issued for the installation thereof without further notice to the owner of the property to be served. Any installation of a privately constructed sewer or any portion thereof without inspection by the Director of Public Works or his or her inspector shall be treated as defective work, and may be uncovered and, if need be, reconstructed by the Director of Public Works at the expense of the person to whom permission was granted for the work, such expense to be recovered in a proper action at law, or shall be made a lien upon the land to be served by such sewer and assessed thereto in the same manner as a special assessment. Sec. 16 -5 -11. Maintenance. Upon completion of a privately constructed sewer and connection therewith into a public sewer, the City shall undertake the maintenance of the same upon the same terms and conditions under which the regular sewer maintenance program of the City is carried out. Such maintenance shall not extend to any building sewer as defined herein. Sec. 16 -5 -12. Statement of costs required. Upon completion of the construction of any privately constructed sewer and connection thereof into a public sewer, the person to whom the permit was issued for such work shall render to the Director of Public Works a sworn statement of all costs of construction thereof, including engineering costs, inspection costs and incidentals, verified by the receipted bills or statements of all contractors or engineers engaged in the construction of such privately constructed sewer line. In the event such sworn statement is not rendered to the Director of Public Works within thirty (30) days after completion of the privately constructed sewer line, the Director of Public Works may permit and allow other property owners to connect with such privately constructed sewer without payment to the party constructing such privately constructed sewer. Sec. 16 -5 -13. Connections to sewers; fees. At the time of connection, the Director of Public Works shall collect an equitable fee for connection to any public sewer to serve property not previously charged for the cost of such sewer line serving such property; provided that such fee shall not exceed the proportionate share of the cost of such sewer, but in no event shall such fee be less than one dollar ($1.00) per front foot of the property to be served. Such fee shall be in addition to all other permit fees or charges. No permit for connection to such sewer line shall be issued until such fee is paid in full. -5- Sec. 16 -5 -14. Previous contracts excepted. Nothing contained in this Chapter shall be construed to affect or alter any portion of any agreement relating to any privately constructed sewer or sewers to which the City shall be a party on the effective date of the ordinance from which this Chapter derives (July 22, 1963). Nothing contained herein shall be construed to limit the power of the City to enter into an agreement relating to the construction of a privately constructed sewer in any public way or place.] CHAPTER 5 COST RECOVERY FOR OVERSIZED AND OFF -SITE SEWERS Sec. 16 -5 -1. Policy Statement. It is the policy of the City that the extension of the sanitary, sewer collection system within the City should be undertaken in a planned and organized fashion designed to: provide for human health and environmental protection through extension of well designed, appropriately sized and properly constructed facilities; contain the costs of future system construction -operation, maintenance and replacement; maximize the utilization of rg avity flow systems to improve overall system reliability; provide for installation of adequately sized facilities to provide service to reasonably anticipated future development of the City: minimize construction costs and disruption of roadways and developed areas during construction of additional collection facilities: and provide a reasonable mechanism for owners, developers, and subdividers who construct sanitary, sewer facilities to recover an equitable share of the cost of constructing oversized or off -site sewer collection system improvements Sec. 16 -5 -2. Definitions. As used in this Chanter.. the following words and terms shall have the meaning set forth below: U "Development" means any one or more of the following activities: W subdivision or resubdivision of one or more parcels of12roperty into distinct or revised lots or parcels, or any other activity defined as a subdivision in Section 12 -4 -3 of this Code: Q procurement of any building or plumbing permit to construct improvements upon propertv which are intended for a us or occupancy likely to generate an increased volume of wastewater or produce wastewater with an increase in concentration of suspended solids_ biological oxvgen dema metals or other pollutants; or W a rezoning of property which would permit a higher density use or other new use which would foreseeably generate an increased volume of wastewater over the use or uses of the property_ permitted by the existing zoning classification. W "Developer" means an owner or owners of one or more parcels of property intending to undertake a development of same Lc,) "sewer collection system improvements" means all wipe. fittings, connections, pipe bedding, pump stations, manholes and other materials which become part of the Citv's wastewater collection system upon dedication or convevance to Citv and Citv's acceptance of same for maintenance W "off -site sewer collection system improvements" means sewer collection system improvements reauired to be constructed outside the boundaries of the property which is the subject of the development, and which, in addition to serving all foreseeable needs of the property which is the subject of the development, is also specifically intended and designed to be capable of providing sewer service to propertv other than the subject of the development. W "oversized sewer collection system improvements" means those sewer collection system improvements located upon the propertv which is the subiect of the development which are greater than 12 inches in diameter and are designed and sized so as to serve all foreseeable needs of the property which is the subject of the development and, in addition thereto, to provide excess service capacity for future growth and expansion not involving the propea which is the subject of the development. The phrase shall not be taken to mean any improvements deemed necessary for the present and future use of the property which is the subiect of the development in accordance with the City's design criteria and specifications. (f ",perimeter sewer collection system improvements" means those sewer collection system improvements located along the_ mrimeter of the property which is the subject of the development within a dedicated street, right of way- or easement and which. in addition to serving all forseeable needs of the development, is also specifically designed and intended to be capable of providing se wer service to property other than the subiect of the development. W "excess capacity costs" means the pro rata share of the actual cost of constructing off -site or oversized sewer collection system improvements. including related engineering costs, allocated in accordance with this Chapter, which are attributable to creating service capacity for future growth and expansion upon land other than property which is the subject of the development The term does not include any such costs paid from the Sanitary Sewer Collection System Improvement Fund established by Chapter 11 of this -7- Title. (h) "Director" means the City's Director of Wastewater. Sec. 16 -5 -3. Design Criteria and Specifications. The Director is authorized and directed to promulgate design criteria and specifications for the design and construction of extensions of and improvements to the sanitary sewer collection system. Such design criteria and specifications shall be based upon good enp n�eering practices_, shall be protective of pubic health and the environment and shall implement the City's policies as set forth in Section 16 -5 -1 of this Chanter. The design criteria and specifications shall be effective upon adoption by resolution of the City Council. Sec. 16 -5 -4. System Improvements and Extensions Upon and after the effective date of the Ordinance adopting this Chapter- all development within the City shall require connection to the City's wastewater collection system and compliance with this Chanter. Should extension, addition or improvement to the collection system be required in order to connect or properly serve ay development, as determined by the Director, it shall be the developer's responsibility to construct such extension, addition or improvement, including any off -site, oversized, or perimeter sewer collection system improvements, in accordance with the City's design criteria and specifications and at developer's expense, subject to cost recovery as provided in this Chapter. Sec. 16 -5 -5. Cost Recovery. O In order to obtain cost recovery for excess capacity costs, a developer shall comply with the procedural requirements specified in this Section. Failure of a developer to comply with this Section shall be deemed a waiver of any right to cost recovery_. W During the subdivision. zoning or building approval process for the development at which the developer is required to construct any off -site, oversized or perimeter sewer collection improvements, the developer shall provide the Director with written notice of intent to obtain cost recovery. Thereafter, and prior to recording of f the subdivision. afthon of a rezoning ordinance by Council, or issuance of the building_ permit. the developer and City shall enter into a cost recovery agreement in a form approved by the City Attorney. which shall contain the following provisions: W identification of the developer and the property which is the subject of development; W a description of the off -site, oversized, or perimeter sewer collection system improvements which are involved together with a detailed plan drawing materials list or other information sufficient to fully describe the improvements; X3,2 a preliminary calculation of the excess capacity included in the off -site oversized or perimeter sewer collection system improvements as a percentage of such improvements' total capacity; W a description and scale drawing of the subbasin area or adjacent lands which are capable of being provided with wastewater service by virtue of the excess capacity: and W an acknowledgment by developer that developer's entitlement, if any, to cost recover is conditioned upon developer's full compliance with the provisions of this Chapter and that reimbursement will be determined in accordance with the provisions of this Chapter: and a reasonable formula or methodology orapportionment of excess capacity costs among the lands which are capable of being provided with wastewater service by virtue of the excess capacity. U Within sixty (60) dd ys after written acceptance of off -site. oversized or perimeter sewer collection system improvements by City a developer who has entered into a cost recovery agreement shall submit the following information to the Director: W completed bid forms from qualified contractors who bid the construction of the off -site, oversized or perimeter sewer collection system improvements for developer: a copy of the contract, and any changes thereto, between the developer and contractor who constructed the improvements; detailed cost and payment information, including paid invoices, evidencing the amount paid by developer for said improvements: W evidence of aM amounts paid b developer eveloper for engineering or surveying work for said improvements; If the developer fails to timely comply with both Subparagraphs (b) and (c ) above the developer will be ineligible for cost recovery. (d. After receipt of the information described in para raph(c) of this Section the Director shall review the information submitted, may conduct such additional investigation as he deems appropriate, may require develo to furnish additional cost information, and on the basis thereof, shall determine the total amount of the allowed excess cap i costs and the actual amount of excess capacity made available for future expansion The Director shall notify developer of his determinations in writing. In the event developer diaWes or disagrees with the Director's determination, or any portion thereof, the developer may seek administrative review thereof by filing a written appeal specifying the determination being annealed and the basis therefor with the City Manager within thirty (30) days of the date of the Director's decision. Thereafter, the City Manager shall designate a hearing officer to hear and decide the appeal in accordance with the procedures set forth in Chapter 7 of Title I of the Pueblo Municipal Code as amended, for quasi-judicial hearings. The decision of the hearing officer shall be final and conclusive, subject only to judicial review in accordance with Rule 106 of the Colorado Rules of Civil Procedure. On or before the first day of January next Mowing the Director's determinations under this paragraph (d) and on or before the same day in each subsequent year for a period not exceeding ten 10) years from the Director's determinations the amount of the allowed excess capaci y costs covered by a cost recovery agreement shall be adjusted by the annual percentage change, if any, during the preceding calendar year, in the construction cost index as reported in the Engineering News Record (ENR published by The McGraw Hill Companies. W For a period of fifteen (15) years from the date of the determination of the Director or of the hearing offi under paragraph (d) of this Section whichever is later - my person desiring to develop land or obtain a new sewer connection for premises located within the subbasin area or adjacent lands served by excess capacity installed pursuant to a Post recov= agreement as provided in this Section shall be required to pay to the City a special sewer collection 5ystem cost recovery fee calculated by the Director in accordance with this paragraph. The Director shall calculate the cost recovery _fee for any such development or sewer connection in accordance with a reasonable formula or methodology for apportionment set forth in the cost recovery agreement Where such development is a subdivision the cost recovery fee shall be due and payable prior to connection of such development to the sewer collection system; in all other cases the fee shall be due and payable prior to issuance of a building�ermit for the development or for any facility located within the development The fee required by this paragraph shall be in addition to the sanitary sewer connection fees required by Chapter 11 of this Title. (0 All sewer collection system cost recovery fees shall be paid to the City to be held in trust, and not less frequently than quarterly, shall be remitted by City to the appropriate developer or his assignee. -10- A developer required to construct additions or improvements to the collection system pursuant to the terms of a subdivision improvements agreement entered into on or before the effective date of the ordinance adopting this Chapter 5 shall not be eligible for cost recovery with respect to any improvements required by said subdivision improvements agreement. SECTION 3. This Ordinance is not intended to affect the validity of, or to modify the provisions of, any duly authorized agreement relating to privately constructed sewers entered into prior to the effective date of this Ordinance. SECTION 4 This Ordinance shall become effective thirty days after final passage and approval. INTRODUCED: Apri 1 12 , 1999 By Al Gurule Councilperson ATTEST: AP VED: City C President of the City Council -11-