Notice of Ordinance - Sewer Connection Requirements
Notice Tags
Ordinances, Public Works
Notice Type(s)
Notice
Event Start Date & Time
September 20, 2021 01:00 AM
Description/Agenda
ORDINANCE NO. 2019-7
AN ORDINANCE OF IRON COUNTY, UTAH, AMENDING SECTION 13.12.030 - CONNECTION REQUIREMENTS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Iron County has determined in accordance with Utah Code and the Iron County Code, that certain provisions be amended that regulate requirements for sewer connections when new sewer lines become available to existing dwellings or facilities in the Unincorporated portions of Iron County; and
WHEREAS, the proposed ordinance amendment is designed to implement the objectives of the County to promote options for property use while reasonably regulating the same to minimize adverse impacts to surrounding properties, groundwater quality and the environment generally; and
WHEREAS, the County Commission finds that it is in the best interest of the County after taking into consideration the citizens' health, safety and welfare, to amend the following ordinance; and
WHEREAS, the Iron County Commission has held a duly advertised and noticed public hearing on the proposed ordinance and after considering the public comments and the language of the proposed ordinance amendment, the County Commission concludes that the proposed amendment appropriately considers and balances all interests in accordance with the purposes and goals of Iron County.
NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH AS FOLLOWS:
SECTION 1. Within Section 13.12.030 - Connection requirements, of the Iron County Code, shall be, and hereby is, identified and amended to read as follows:
13.12.030 - Connection requirements.
A. Any owner of property shall connect (hook up) to an existing central sewer system (public sewer system) in Iron County as follows:
1. New Construction. Connection to central sewer is required when a sewer main line is within three hundred feet of the property boundary where a new dwelling unit or facility used for human occupancy is being proposed, built, reconstructed or altered, and where a building permit from Iron County is required.
2. Existing Dwelling or Facility.
a. Failed System. Connection to central sewer is required, as for new construction above, when the existing septic system has failed and needs repairs to the leach field or septic tank (treatment outside the building in the septic tank or absorption system).
b. Permitted System. Connection to central sewer is required, as for new construction above, by December 31, 2010, when the owner of property can provide information and materials that a septic system permit (approved and inspected) has been issued by Southwest Utah Public Health Department.
c. Unpermitted System. Connection to central sewer is required, as for new construction above, within one year of notice to comply issued by Southwest Utah Public Health Department, when the owner of property is unable to provide information and materials that a septic system permit has been issued by Southwest Utah Public Health Department.
d. Change of Ownership. Connection to central sewer is required, as for new construction above, when the ownership of property changes to another owner, the property is refinanced.
e. New Sewer Service Availability. Connection to a central sewer is required, as for new construction above, within five ten years of a new central sewer main line becoming available to an existing dwelling or facility.
f. Iron County acknowledges the possibility of utilizing special funding tools (i.e., special improvement districts, special service districts, etc., or other legally recognized methods) when collective connections to sewer may be required by this chapter.
B. Southwest Utah Public Health Department and Utah Department of Environmental Quality shall be considered the county's expert in evaluating and approving and permitting sewage treatment systems.
C. Waiver of Sewer Connection Requirement. In the event that a sewer connection is required by this chapter, but is not practically feasible due to unusual circumstances, a letter of waiver may be provided by the municipality or service district/area stating the nature of the unusual circumstances. Unusual circumstances shall be determined by the municipality or service district/area owning and maintaining the sewer system where connection is required, and may include such things as grade, physical barriers, insufficient capacity of system, etc. Additionally, the municipality or service district/area shall explain their intent to provide, or not to provide, for a future sewer connection, as well as a statement of acknowledgment for the use of an appropriate on-site wastewater system.
D. Nothing in this chapter shall prohibit the connection to sewer as described in this chapter when a property is beyond the three hundred foot connection requirement, if desired by the property owner and for which provisions are made in the appropriate service area inter-local agreement. Iron County encourages connection to central sewer whenever and wherever possible in order to preserve and protect groundwater quality in Iron County. (Ord. 201 § 1 (part), 2005).
SECTION 2. Severability.
Should any portion of this ordinance be found for any reason to be unconstitutional, unlawful, or otherwise void or unenforceable, the balance of the ordinance shall be severable therefrom and shall survive such declaration, remaining in full force and effect.
SECTION 3. Effective Date.
This ordinance shall become effective immediately after the required publication thereof, as set forth in Utah Code §17-53-208.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 12th day of August, 2019.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
By: _____________________ _____ Alma L. Adams, Chair
ATTEST:
______________________________
Jonathan T. Whittaker,
County Clerk
VOTING:
Alma L. Adams ________
Michael P. Bleak ________
Paul Cozzens ________
Notice of Special Accommodations (ADA)
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