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HomeMy WebLinkAbout07277ORDINANCE NO. 7277 AN ORDINANCE AMENDING TITLE XVI OF THE PUEBLO MUNICIPAL CODE BY ADDING CHAPTER 11.5 THERETO RELATING TO SANITARY SEWER PLANNING CRITERIA AND ESTABLISHING POLICIES THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 Title XVI of the Pueblo Municipal Code is amended by addition of the following new Chapter 11.5: CHAPTER 11.5 Sanitary Sewer Planning Criteria Sec. 16- 11.5 -1. Purpose and policy. (a) This Chapter sets forth general policies and guidelines for the development of the sanitary sewer collection system in order to accommodate current and future needs and to address major issues related to the expansion of the sanitary sewer collection system. (b) The objectives of this Chapter are to: provide sound engineering and long -range planning in the expansion of the sanitary sewer collection system. promote the orderly development of the sanitary sewer collection system. Sec. 16-11.5-2. Definitions. "Relief sewer' means either upsizing portions of the exiting sewer collection system or installing parallel sewer collection systems when the capacity of the existing sewer collection system is insufficient to carry wastewater from a development. "Sewer collection system" means the sanitary sewer collection system. All other words used in this Chapter shall have the special meaning ascribed to them by use or definition in Chapters 5, 6, 7, 9, 10 and 11 of this Title, but if no special meaning has been given, words shall have their commonly understood meaning. Sec. 16- 11.5 -3. Development policy. (a) All development within the City shall be connected to the sewer collection system. A developer is responsible for the cost and construction of the sewer collection system required to serve a development. The sewer collection system shall include, but is not limited to. manholes. sewer mains. service lines. oumoina stations. force mains. and all necessary appurtenances. (c) The sewer collection system within a development shall be sized to the ultimate capacity of that portion of the sub -basin area which will discharge through the development including the sub -basin area upstream of the development, as determined by the Director of Public Works based upon present and future development within the sub -basin area. If a larger sewer collection system (including pumping stations) is required to serve a sub -basin area as described in (b) and (c) above, than is required to serve the development, the developer shall be responsible for construction of the larger sewer collection system. In such event, the developer may be eligible to recover a portion of the cost of the larger system under section 16 -5 -5. Cost recovery shall be based on the following: Cost recovery related to oversizing the sewer collection system shall be considered onlv for mains twelve (12) inches or laraer and shall be the difference in the cost of pipe and installation between ten (10) inches and the actual size installed. Cost recovery related to oversizing a pumping system shall be based on the difference in cost between the capacity required to serve the development as described in (b) above and the capacity required to serve the sub -basin as described in (c) above, as determined from information and data submitted by the developer and approved by the Director of Public Works. (e) Developments will not be allowed to connect to sewer lines smaller than ten (10) inches, provided, however, if adequate capacity is available, the Director of Public Works may approve connection to a sewer line smaller than ten (10) inches for a small residential development where there is no reasonable potential for the development or any future upstream development to lead to a requirement for constructing a relief sewer. Developments shall discharge into the sewer collection system within the basin in which the development is located at a point or points identified in the Master Sewer Plan then in effect. A development may be allowed to discharge outside of its identified basin boundary if such development will not adversely impact the sewer collection system outside of its identified basin boundary as determined and approved by the Director of Public Works. Sec. 16.11.5 -4. Main extension policy. (a) The developer shall be responsible for extending the sewer collection system from the existing sewer collection system to the exterior boundaries of the development includinq oversizing the sewer main extension in accordance with the approved Sanitary Sewer Master Plan. If a Sanitary Sewer Master Plan has not been approved for the area, such extension shall be in accordance with the oreliminary Sanitary Sewer Master Plan for the area. The sewer collection system shall be sized to the ultimate capacity as described in Section 16- 11.5 -3(c) and extended to the exterior boundaries of each subdivision within the development. (c) If the developer extends the sanitary sewer main(s) or related facilities outside the proposed development, (off -site sewer collection system improvements) the developer is eligible for recovery of some of the costs for said off -site improvements and oversizing in accordance with Section 16 -5 -5. Sec. 16.11.5 -5. Relief sewer aolicv. (a) If the Wastewater Department determines there is insufficient capacity in the existing sewer collection system to serve a proposed development, the development shall not be approved until a relief sewer has been constructed in accordance with the Sanitary Sewer Master Plan. The Wastewater Department will maintain a list of areas where sanitary sewer capacity is inadequate or is expected to become inadequate within the foreseeable future. If a Sanitary Sewer Master Plan has not been approved for the area in which the development is located, such relief sewer shall be constructed in accordance with the preliminary Sanitary Sewer Master Plan for such area. Subject to the provisions of subsections (1) and (2) below, and to the extent sufficient monies are on deposit in the Sanitary Sewer Collection System Improvement Fund ( "Fund "), City will cause the relief sewer for a proposed development to be constructed, provided. The City Council by Resolution approves the relief sewer and authorizes the costs thereof to be paid out of the Fund as set forth in Section 16 -11 -4: and. The estimated cost of the relief sewer will not reduce the Fund below $600,000.00, or, if the proposed development will provide an extra - ordinary benefit to the City as determined by the City Council, the estimated cost of the relief sewer will not reduce the Fund below $300,000.00. (c) If there are insufficient monies on deposit in the Fund to construct the relief sewer and maintain the reserves specified in section (b)(2) above, the City shall be under no obligation to construct the relief sewer. In such event, the development shall not be approved, or, in the alternative, the developer may at its sole cost and expense construct the relief sewer without any oavment or reimbursement from the Fund. Sec. 16- 11.5 -6. Conflict. In the event there is a conflict between any provision of this Chapter and any other provision of Title XVI, the provisions of this Chapter shall control to the extent of such conflict. SECTION 2 This Ordinance shall become effective upon final passage and approval. INTRODUCED February 14. 2005 BY Michael Occhiato Councilperson APPROVED: PR EN CITY C IL ATTESTED BY: 1 CITY CLERK PASSED AND APPROVED February 28, 2005 Background Paper for Proposed ORDINANCE AGENDA ITEM #2� DATE: FEBRUARY 14, 2005 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE AN ORDINANCE AMENDING TITLE XVI OF THE PUEBLO MUNICIPAL CODE BY ADDING CHAPTER 11.5 THERETO RELATING TO SANITARY SEWER PLANNING CRITERIA AND ESTABLISHING POLICIES THEREFOR. ISSUE Should the City Council amend Title XVI of the Pueblo Municipal Code by adding Chapter 11.5 relating to sanitary sewer planning criteria and establishing such criteria? RECOMMENDATION Approval of this Ordinance BACKGROUND The City in 1994 established a sanitary sewer connection fee for new connections to the sanitary sewer system. Connection fees are deposited into the Sanitary Sewer Collection System Improvement Fund (the "Fund ") and are to be used for growth- related sewer system capital projects approved by the City Council. There is a balance of approximately $3,418,428 in the Fund. This ordinance establishes policies and criteria to be used for sanitary sewer system improvements related to new development. Flows in some of Pueblo's large sanitary sewer lines that serve current growth areas have increased to a point where relief sewers are needed to avoid overflows. The policies and criteria set forth in this ordinance define the basis for sanitary sewer system planning and establish responsibilities for funding sanitary sewer construction between developers and the City. The definitions, planning criteria, connection requirements, and cost recovery provisions contained in this ordinance are generally the same as the policies contained in the document entitled Sanitary Sewer Design Criteria and Policies for the City of Pueblo, Colorado, which was adopted by resolution by the City Council in December 2003. The Law Department determined that the impact on development and the City's involvement in funding relief sewers that is being contemplated warrant moving these criteria out of the Departmental policy manual an incorporating them into the Municipal Code. The major policy change set forth in this ordinance is that the City will assume greater responsibility for designating and funding relief sewers out of the Fund in the future. The Wastewater Department entered into an agreement with Black & Veatch in February 2004 to review the wastewater rate structure, to evaluate the City's wastewater system development policies, and to compare those development policies to the policies enacted by other Colorado front -range cities. That review shows that the policies contained in this ordinance are in line with the development policies of other cities, do not place Pueblo at a competitive disadvantage relative to other cities, and foreseeable improvements do not impose a financial burden that require modification of the rate structure adopted in 2002. The development community has reviewed this ordinance and supports it. FINANCIAL IMPACT Funds for financing relief sewer projects will be provided from the Sanitary Sewer Collection System Improvement Fund.