Memorandum #9 [11/17, DRAFT #3] 1

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1 Memorandum #9 DATE: January 31, 2017, Revised 11/15/2017 PROJECT NO.: TO: Lisa Barrett, Planning Manager FROM: Christopher Dougherty, AICP, Planner CC: Patricia Tyjeski, AICP, Senior Planner SUBJECT: Sewer Connections As part of the comprehensive plan and land development code consistency project, we were tasked to review the requirement to obtain Special Approval to allow the use of septic systems. Background. Policy of the Comprehensive Plan requires all development within the County s wastewater service area to connect to the wastewater collection system, except when waived through Special Approval due to a hardship. The policy lists criteria for approval of the waiver. Section of the Code of Ordinances requires connection if the system is available as defined in the State Statutes. It does not mention the wastewater service area. Section (b) states that connection is required if the site is within the service area and the system is available, but adds to the extent required pursuant to the comprehensive plan. Section (b)(2) opens the doors to a waiver by stating that connection is required unless such new development receives approval for on-site sewage disposal as provided for in the Manatee County Comprehensive Plan. Section A of the Land Development Code requires connection for all development within the service area but does not mention availability. Section B allows an administrative waiver if the development includes less than 5 lots, if the connection costs more than $60,000, the septic system exceeds state standards, and other conditions. State Statutes define availability based on use and sewage flow. For instance, for a residential subdivision with a sewage flow of 1,000 gallons per day or less the system is deemed to be available if it is at the property line of the site. For a subdivision with more of 50 lots or commercial subdivisions of more than 5 lots, the system is deemed available if it is within ¼ of a mile from the site. See full language in the appendix. In practice, the County has been requiring connection if the development site is within the service area (regardless of the distance from the site to the closest connection), but offering the option of a waiver through the Special Approval process. Most requests qualify for the waiver based on the cost to extend to connect to the central system. As required by Policy , projects within a Wastewater Treatment Collection Area that utilize septic tanks or an interim wastewater treatment plant are required to construct sanitary sewer dry-lines. In accordance with Code of Ordinances Section Utility Service Requirements. Dry-lines are required to be installed on all residential developments equal to or greater than one (1) dwelling unit per acre and all non-residential [11/17, DRAFT #3] 1

2 development within the wastewater treatment collection area. Dry-lines for sewerage shall be extended to the appropriate project boundary or boundaries. Within two (2) years of the availability of a sanitary sewer line with adequate capacity to accommodate wastewater flows from the developed portions of the project, all dry-lines for the project shall be connected to the available sanitary sewer line(s). Special approval is required when the requirement for dry lines are not appropriate due to unforeseeable engineering conditions. Additionally, Policy requires special approval for developments within a Wastewater Treatment Collection Area proposing to utilize an interim wastewater treatment plant. This policy includes approval criteria including, analysis of impacts from individual on site systems versus an interim treatment plant, level of treatment proposed, possible connection to other treatment systems, adjacent to environmentally sensitive areas, location within areas subject to flooding, and consideration of the appropriate timing and type of proposed development. Analysis. Connection requirements of three counties (Sarasota, Orange, and Hillsborough) were reviewed with excerpts provided in the Appendix. Of the three counties, Orange and Hillsborough counties have their own distance requirements (do not rely on the Statute definition of available). Sarasota refers to the same statute definition for available as Manatee. None of the counties allow developers to get waivers to avoid connecting to the system. Connection to the sewer system and availability of sewer service are assessed through the traditional development permitting process. All three counties do allow some development to occur where wastewater service is not available provided it remains low density, provides septic systems, and dry lines are installed in the event future service becomes available. Manatee County s requirements for connection to the wastewater system a more stringent than most jurisdictions, but offer a relatively easy way to waive the requirements. The County should consider establishing a two tier process. 1. If the development meets the availability definition from the Florida Statutes it should be required to connect. No waivers offered. Applicants would still have the option to appeal a decision or get a variance (demonstrating hardship other than financial). 2. If the development doesn t meet the availability test, but is within the Service Area, they should be able to apply for a waiver. The waiver could be approved administratively based on criteria. The criteria for approving a waiver can be based on the current criteria with the following modifications: Number of lots same as current Distance of septic from OFW same as current Flooding - same as current Level of treatment - we would recommend eliminating the criteria that states that the level of treatment meets or exceeds state standards. ALL septic tanks have to meet state standards. Therefore, the criteria does not do anything. Distance of septics to wetlands in the WO - the distance of the septic from wetlands in the Watershed Overlay is already a requirement (see Ch. 4). Therefore, it should be eliminated. Financial hardship - the Plan refers to a hardship and the LDC defines the financial hardship as exceeding $60,000. It is not clear when that amount was set, but just like any other dollar amounts in an LDC, they become outdated. That may have been the cost of extending service for a ¼ mile at the time. If that was the case, the amount today would be more like $ K. Keeping that provision in the LDC will make even less sense in the future as prices to connect will continue to go up. Also, if an amount is set, [11/17, DRAFT #3] 2

3 why not just require connection if located within ½ mile (or whatever the $60K would cover above the required ¼ mile)? As noted above, Orange County requires subdivisions to connect if within ½ mile. Maybe the County can do that too. Recommendations: There are several provisions in the Comprehensive Plan that mention how development is supposed to gradually extend from west to east, as public facilities and utilities become available. The current requirement for connection to the central wastewater system is consistent with that directive. However, the waiver is very easy to obtain and is contrary to the idea of gradual expansion of development. S&ME recommends continuing to require connection if the development is within the service area, but allowing a waiver ONLY if the development is outside the availability area as defined in the Statutes. The waivers would be reviewed administratively based on specific criteria. A variance would be the only way to obtain approval for not connecting if the development is within the availability area. Financial hardship is not a consideration for a variance. [11/17, DRAFT #3] 3

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5 APPENDIX Manatee County Code of Ordinances: Sec Mandatory connection to the sanitary sewer system. Whenever the facilities of the county utilities department for collection of waste and sewage disposal shall be available to the owner of any lot or parcel of land upon which a building or structure is located having restroom or bathroom facilities or other waste disposal systems, said owner shall connect to such waste and sewage collection and disposal system and, if using a septic tank, shall cease use of said septic tank when such waste and sewage collection and disposal system is available for use by the owner of such lot or parcel of land. The facilities of the sanitary sewer system shall be considered available to the owner when said facilities abut or benefit the particular lot or parcel of land in question. Any and all connections to the systems shall be made in accordance with rules and regulations as may be adopted, from time to time, as provided for by section and, furthermore, in compliance with all applicable state statutes, rules and regulations promulgated thereunder. Sec Connection required; extensions and oversizing; connection criteria. (a) Definitions. For purposes of this section, the following terms shall have the following meanings. (1) Alternative connection shall mean a connection to the potable water system or the wastewater system approved pursuant to subsection (e)(4) hereof. (2) Available shall (a) for purposes of determining connections to the wastewater system, have the meaning set forth in section (2)(a), Florida Statutes, as amended, or its successor provision of law, and (b) for purposes of determining connections to the potable water system, mean that the right-of-way or easement in which an adjacent line is located directly abuts the property line of the property to be served. (b) Connection required. *** (1) Connection to the county's potable water system. All new development in the county's potable water/waste water service area for which service is available must connect to the county potable water system to the extent required pursuant to the Manatee County Comprehensive Plan. (2) Connection to the county's wastewater system. All new development in the county's potable water/wastewater service area for which service is available must connect to the county wastewater collection system to the extent required pursuant to the Manatee County Comprehensive Plan, unless such new development receives approval for on-site sewage disposal systems as provided for in the Manatee County Comprehensive Plan. (e) Connection criteria. (1) System master plans. The county shall adopt and maintain, by resolution of the board, master plans for the construction and build-out of the potable water treatment plant, potable water distribution system, the wastewater treatment plants, the wastewater collection systems and the reclaimed water distribution system. The master plans shall be updated on a regular basis. [11/17, DRAFT #3] 5

6 (2) Consistency with system master plans. Except when the county engineer approves an alternative connection pursuant to subsection (4) hereof, all connections to the potable water system and the wastewater system shall be engineered and constructed in a manner that is consistent with the plans, specifications and size as documented in (a) the potable water system distribution master plan, and (b) the applicable wastewater treatment plant's collection system master plan. (3) Feasibility of extensions. Potable water and wastewater utility lines may be extended consistent with the respective master plans if an appropriate number of customers are being added to reasonably maintain, operate and financially support the infrastructure extension which shall be determined by the county. Alternative systems may be appropriate consistent with the Manatee County Comprehensive Plan. (4) Alternative connections. The county engineer, may, in his or her discretion, approve an alternative connection to the potable water system or the wastewater system, provided the following criteria are met: a. The proposed alternative connection shall, in the opinion of the county engineer, be designed, engineered and constructed (1) to fit within the existing potable water system or wastewater system without compromising its functionality, (2) to not impair the ability of the county to construct the potable water system or wastewater system in accordance with the applicable master plan, and (3) to not place the potable water system or wastewater system at financial risk. No alternative connection shall be approved by the county engineer unless all necessary rights-of-way or easements and supporting infrastructure are in place and available to serve the alternative connection. b. The county engineer shall verify that the existing potable water system or wastewater system, as the case may be, shall have sufficient capacity to support the alternative connection, taking into consideration all existing connections and future anticipated connections. c. The developer shall complete construction of the alternative connection and utilize the available capacity within the time frame set forth in the agreement executed pursuant to paragraph d. below. Any available capacity committed to the project that is not utilized within such time frame shall no longer be subject to a reservation for the project, and the developer shall be required to reapply to the county to use such capacity. d. The developer shall enter into an agreement with the county obligating the developer to continue to meet the requirements of this section and any special conditions imposed by the county engineer. Such agreement shall be recorded in the official records and obligate all future owners of the subject property. The county shall charge a reasonable administrative fee for the cost of processing and recording the agreement, to be established pursuant to a resolution adopted by the board of county commissioners. e. The county engineer may impose special conditions upon the approval of an alternative connection to assure compliance with the requirements of this chapter. Upon approval of the alternative connection and execution and recordation of the agreement required in paragraph d. above, the developer shall be authorized to install the alternative connection at its sole expense. f. No credit against the facility investment fee levied pursuant to article VIII of this chapter shall be awarded to a developer for an alternative connection, except for those components of an alternative connection that, in the opinion of the county engineer, can be utilized by the county as future components of the potable water system and/or wastewater system built out in accordance with the applicable master plan. [11/17, DRAFT #3] 6

7 * * * g. The county may require upfront payment of a portion of the facility investment fee to ensure funds in place to mitigate the impact of the alternative connection. Sec Applicability. This division shall be applicable to all unincorporated areas of the county. This division requires the disconnection of existing septic tanks and the connection of all plumbing fixtures to the county centralized sanitary sewer system. Connection of all existing buildings and structures to the county sanitary sewer system is mandatory, subject to the conditions and parameters of Section , Florida Statutes. Notwithstanding any provision of Section , Florida Statutes, to the contrary, the board of county commissioners has determined that connections shall be made, at no cost to the county, within one hundred twenty (120) days of certification of availability of sanitary sewer service. Applications for waiver of mandatory connection requirements will be considered by the county in accordance with criteria to be adopted by the board of county commissioners by resolution. Comprehensive Plan Wastewater Element Policy Policy Require all wastewater from any project located within the wastewater treatment collection area as shown on Potable Water/Waste Water Service Area map, to be collected and treated through Manatee County's public sanitary sewer system, except as allowed by special approval which must demonstrate a hardship. Special approval under this policy shall include analysis of the following factors; - Proposed wastewater impacts, - Accessibility of the central system, - Proposed infrastructure improvements, - Environmental sensitivity, - Development trends and timing, - Compatibility of development, and - Proposed mitigation measures. Implementation Mechanism(s): (a) Implementation and revision of the Manatee County Sewer Collection Ordinance, consistent with this policy. (b) Revision of the Land Development Code and other appropriate ordinances consistent with this policy. (c) Coordination between the Departments of Public Works, Utilities, Building, Planning, and the Manatee County Public Health Unit. Continue to require connection to the Manatee County sanitary sewer system for all new commercial and residential structures in the Evers Reservoir portion of the WO District when located within one mile of a sanitary sewer system, except for structures located on single family lots of record for which it has been determined by Manatee County that such connection is not economically feasible. [11/17, DRAFT #3] 7

8 Objective Policy Onsite Wastewater Treatment Systems: Provide for the limited use of septic tanks and interim wastewater treatment plants only in areas where sanitary sewer extension is not reasonably feasible. (See also Policy ) Prohibit the development of any interim wastewater treatment plants for any project located within the wastewater treatment collection areas as shown on Potable Water/Waste Water Service Area map, unless Special approval is granted not to connect to the public sanitary sewer system under Policy and approved by the Board of County Commissioners. Analysis of the following factors shall be included in the approval of any interim wastewater treatment plants: - Analysis of impacts from individual on site systems, versus an interim treatment plant, - Level of treatment proposed, - Possible connection to other municipal wastewater treatment systems, - Location within or adjacent to environmentally sensitive areas, - Location within areas subject to flooding, and - Consideration of the appropriate timing and type of proposed development. See also policies under Objective Implementation Mechanism(s): (a) Review by the Utilities, Planning, Building, Natural Resources Departments, and the Manatee County Public Health Unit to implement this policy. (b) Revisions to the Land Development Code and other regulatory documents as appropriate to implement this policy. Policy Require, where connection to the Manatee County public wastewater system is not required under Policy , that any project within the Wastewater Treatment Collection Areas utilizing septic tanks or an interim wastewater treatment plant shall be constructed with dry-lines so as to readily permit connection to the public sanitary sewer system for all residential development of 1 du/ga and higher, and all nonresidential development. Dry-lines shall be extended to the appropriate project boundary or boundaries. The interim wastewater treatment plant and associated collection system shall be installed so as to readily provide for a connection to the Manatee County sanitary sewer system. Developed portions of a project shall connect within two years of the reasonable availability of a central system sanitary sewer line which has adequate capacity to accommodate wastewater flows. When the requirement for dry lines are not appropriate due to unforeseeable engineering conditions, special approval is required to ensure compliance with the intent of this policy. Implementation Mechanism(s): (a) Coordination between the Public Works, Utilities and Planning Departments to ensure policy compliance. (b) Revision of the Land Development Code and other regulatory documents as [11/17, DRAFT #3] 8

9 appropriate to implement this policy. Florida Statutes Onsite sewage treatment and disposal systems; regulation. (a) Available, as applied to a publicly owned or investor-owned sewerage system, means that the publicly owned or investor-owned sewerage system is capable of being connected to the plumbing of an establishment or residence, is not under a Department of Environmental Protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence; and: 1. For a residential subdivision lot, a single-family residence, or an establishment, any of which has an estimated sewage flow of 1,000 gallons per day or less, a gravity sewer line to maintain gravity flow from the property s drain to the sewer line, or a low pressure or vacuum sewage collection line in those areas approved for low pressure or vacuum sewage collection, exists in a public easement or right-ofway that abuts the property line of the lot, residence, or establishment. 2. For an establishment with an estimated sewage flow exceeding 1,000 gallons per day, a sewer line, force main, or lift station exists in a public easement or right-of-way that abuts the property of the establishment or is within 50 feet of the property line of the establishment as accessed via existing rights-of-way or easements. 3. For proposed residential subdivisions with more than 50 lots, for proposed commercial subdivisions with more than 5 lots, and for areas zoned or used for an industrial or manufacturing purpose or its equivalent, a sewerage system exists within one-fourth mile of the development as measured and accessed via existing easements or rights-of-way. 4. For repairs or modifications within areas zoned or used for an industrial or manufacturing purpose or its equivalent, a sewerage system exists within 500 feet of an establishment s or residence s sewer stubout as measured and accessed via existing rights-of-way or easements. Orange County Chapter 37 Water and Wastewater Article XVII. Individual On-Site Sewage Available shall mean within the service area of Orange County, a city or Florida Public Service Commission (F.P.S.C.) certificated central sewerage system shall be deemed available for the connection of the building plumbing if all of the applicable following requirements are met: (1) The sewerage system is not under moratorium issued by the Florida Department of Environmental Regulation or other governmental entity having jurisdiction. (2) The sewerage system has adequate hydraulic capacity to accept the quantity of sewage to be discharged by the proposed establishment. (3) The owner of the sewerage system will permit a connection to the system and the property is within the system's service area. [11/17, DRAFT #3] 9

10 (4) For single-family residences or for estimated sewage flows of six hundred (600) or less gallons per day, a sewerage system shall be considered available if a gravity sewer line exists in an easement accommodating public utilities or rights-of-way which abuts the property, and if gravity flow can be maintained from the building drain to the gravity sewer line or lift station. (5) For estimated sewage flows exceeding six hundred (600) gallons per day, a sewerage system shall be considered available if a gravity sewer line, force main, or lift station exists in a public easement or right-ofway which abuts the property or is within one hundred (100) feet of the property as measured along and accessible via an easement accommodating public utilities or rights-of-way. (6) For areas zoned or used for industrial or manufacturing purposes or its equivalent, a sewer line existing within one-quarter (¼) mile of the development as measured along and accessible via an easement accommodating public utilities or right-of-way shall be considered available. For repair or modification purposes, available sewers are any sewer lines within five hundred (500) feet of the building sewer stubout as measured along and accessible via an easement accommodating public utilities or rights-of-way. (7) For subdivisions approved after the effective date of Ordinance No , a gravity sewer line, force main, or lift station within one (1) mile of the site shall be considered available. One (1) mile shall be measured from the property line along the most direct path within the public right-of-way or easement in which the sewer line would be installed using normal construction practices. Sarasota County COO Chapter 126. Utilities (2) Available shall refer to that portion of the Utility System, excluding Transmission Forcemains, that is capable of being connected to the plumbing of a residential subdivision lot, a single-family or multifamily residence, or an Establishment, provided that: a. The Utility System is not under a Florida Department of Environmental Protection moratorium; and b. The Utility System has adequate permitted capacity to accept the sewage to be generated by the residence or Establishment; and c. For a residential subdivision lot, a single-family or multifamily residence, or an Establishment, any of which that has an estimated sewage flow of 1,000 gallons per day or less, a Wastewater Service Line exists in a public easement or right-of-way that abuts the property line or is within 100 feet of the property line of the subdivision lot, residence, or Establishment and wastewater flow can be achieved by gravity, vacuum or low-pressure pump/pipe from the residence or Establishment to the Utility System; and d. For an Establishment or multifamily residence with estimated sewage flows exceeding 1,000 gallons per day, a Wastewater Service Line exists in a public easement or right-of-way that abuts the property of the Establishment or multifamily residence, or is within 150 feet of the property line of the Establishment or multifamily residence as accessed via existing rights-of-way or easements. Hillsborough County [11/17, DRAFT #3] 10

11 Water, Wastewater, and Reclaimed Water Technical Manual Appendix 4 CONNECTION FEASIBILITY FOR 3 ERC S OR LESS WASTEWATER FEASIBILITY GUIDE TABLE 4-1 MORE THAN ONE SINGLE FAMILY RESIDENCE OFF-SITE FORCE MAIN CONNECTION VS. SEPTIC TANK Equivalent Residential Connection (ERC) Feasible Distance 1 or 3 Not Feasible 4 to feet 6 or more Development must connect to Wastewater system *Feasible Distance is in accordance with Chapter 381 of the Florida Statutes. USING THE TABLE Determine the Equivalent Residential Connection (ERC) for the project. 1 ERC = 1 Single Family Home or Average Daily Flow 200 GPD TABLE 4-2 MORE THAN ONE SINGLE FAMILY RESIDENCE OFF-SITE GRAVITY CONNECTION VS. SEPTIC TANK Equivalent Residential Connection (ERC) Feasible Distance 1 or 2 Adjacent 3 to feet 6 or more Development must connect to Wastewater system TABLE 4-3 ALL OTHER NON-SINGLE FAMILY RESIDENTIAL OFF-SITE FORCE MAIN CONNECTION VS. SEPTIC TANK Equivalent Residential Connection (ERC) Feasible Distance 1 ERC Adjacent 2 or more Development must connect to Wastewater system [11/17, DRAFT #3] 11