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HomeMy WebLinkAbout4229 OrdinanceORDINANCE NO. 0 ZZ� AN ORDINANCE of the City of Pasco, Washington, amending Section 16.06.040 "Waiver — Authorized" providing for administrative approval of waiver within certain areas of the City. WHEREAS, Chapter 16.06 of the Pasco Municipal Code provides that connections to the City municipal sewer system may be waived by the City Council; and WHEREAS, in certain circumstances, development of property has occurred with lawful and recognized on-site septic systems consistent with applicable public safety and health regulations due to connections to the City sewer system being physically or economically infeasible; and WHEREAS, it is recognized that certain areas exist within the City where municipal sewer services are not readily available being in excess of 200 feet from an existing sewer line or lack of a functioning lift station or other sewer infrastructure; and WHEREAS, to address these applications for sewer waivers to be processed administratively, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 16.06.040 of the Pasco Municipal Code entitled "Waiver - Authorized" shall be and hereby is amended and shall read as follows: 16.06.040 WAIVER - AUTHORIZED. The prerequisite requirements for a development permit stated in Section 16.06.010 may be waived by: W Approval of the City Council by majority vote at any regular meeting or administrative approval as contained in Subsection (2) below upon such forms as they shall deem necessary to enable them to make specific findings of fact as to why a waiver should be granted. All such waivers must be applied for in writing on a form or forms to be supplied by the City of Pasco and all denials of such waiver shall also be in writing and state specific findings upon which the denial is based. The grant of a waiver may be reasonably conditioned and any such conditions shall be in writing, signed by the owner of the land, recorded and run with the land. Such conditions may include but shall not be limited to the following: (a) A specific period of exception; (b) Required participation in future public sewer and/or water service extension by L.I.D. or other means; (c) The signing by the owner of the property of a hold harmless and/or indemnity agreement in favor of the City of Pasco; or (2) Administrative approval of the City Manager or designee for waiver of sewer utility connections provided the property for which the waiver is requested meets the following conditions: (a) Must be of adequate size soil type slope and other conditions to meet the Benton Franklin Health District requirements for on-site septic systems and replacement drain fields and must receive final approval from the District for the on-site system; (b) Must be greater than 200 feet from an existing municipal sewer service line or must be dependent on the provision of future sewer infrastructure to receive sewer service — such as additional line or treatment facility capacity, lift stations or similar components; (c) Subject to those conditions contained in subsection (1) a) through (c) above; and (d) The decision on the granting or denying of a sewer utility connection mU be appealed to City Council within ten calendar days from the date of the decision The appeal must be in writing. (Ord. 4069, 2012; Ord. 2303 Sec. 3, 1981.) Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting o 2015. ' r Matt Watkins, Mayor ATTEST: -9 0 ( � a / Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney