§ 35.21.11. Alternative Water and Sewer Facilities.

All developments within the jurisdiction of the City shall be required to have approved water supply and sanitary sewerage facilities and shall be required to connect to the City facilities unless alternative arrangements have been approved by the City according to the following standards and procedures:

35.21.11.1. Basic Policy.

Alternative water and sewer systems will be considered for developments that are located in areas that are impractical or economically infeasible to connect to the City's centralized water distribution and/or wastewater collection system. The key factors that will be evaluated to determine the City's acceptance of these alternative water and sewer systems are:

A.

General compliance with the City's Comprehensive Land Use Plan and water distribution and/or Wastewater Collection System Master Plans.

B.

The severity of the economic difference between the collective costs of the alternative water and/or sewage disposal systems necessary to serve the entire development and the costs to extend water and/or wastewater lines to the development.

C.

The suitability of the soil conditions, topography and other environmental factors effecting the development for the installation of the individual on-site sewage disposal systems.

D.

The total number of lots, size of lots and overall density of the development.

E.

The impact on surrounding properties and environmentally sensitive areas adjacent to the development and the availability of buffer areas.

F.

The impact on surrounding properties ability to develop with suitable access to water and/or sanitary sewer facilities.

35.21.11.2. Approval Process.

All alternative water and sewer systems must be approved by the Director of Water Utilities and the City Council after recommendation by the Public Utilities Board. All alternative systems shall be designed and operated in strict compliance with all applicable permits, ordinances, regulatory guidance and regulations including the EPA, TNRCC, Texas Health Department and the City. Alternative water and sewer systems will be considered for developments under the following criteria:

35.21.11.3. Individual Water Wells.

Developments may be approved with individual water well facilities according to the following criteria:

A.

Water well operation and quality meet the minimum requirements of the TNRCC and the provisions of the City Code.

B.

Water wells are not utilized in any commercial sale of the water.

C.

Cost to tie onto the City water system, less impact fees, exceeds the certified initial capital cost of a well.

D.

An applicant for approval of an individual water well shall submit the following evidence to the Director of Water Utilities:

1.

Water Well application;

2.

Water quality tests;

3.

Affidavits stating that no more than three (3) families will use the well and/or the well water will not be used in any commercial sales; and

4.

Certified cost estimate of well installation.

Upon review of this evidence, the Director of Water Utilities may issue a Water Well Permit.

35.21.11.4. Private Water Systems.

In areas where development requires water services for more than a single facility and the cost of extending and tying onto the City system is prohibitive, privately owned water facilities may be considered and approved by the City according to the following general criteria:

A.

The cost to tie onto the City system would be significantly greater than the proposed alternative.

B.

The applicant of the proposed alternative system provides certified evidence from a registered professional engineer that the system will meet all City, state and federal health and water quality standards.

C.

The sizing and material quality of all facilities will meet the City standards. Provisions shall be made to design the water system to provide adequate fire protection for the development in accordance with the design criteria established by the City.

D.

Perpetual private maintenance is guaranteed by such means as a homeowner's association, bonds or other means approved by the City Attorney.

E.

Operators of the system will be certified by the TNRCC.

F.

The City shall have the right to inspect the system periodically to determine if such system is being operated and maintained according to industry standards.

G.

The review and approval procedures for such private water system shall proceed concurrently with the normal platting and engineering plan approval process as outlined in this article, except for applications under these alternative water facilities proposals, which shall first require review and recommendation from the Public Utilities Board and final concurrence from the City Council.

H.

The City may accept existing or annexed private water systems for operation and maintenance when the City's water lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and City standards. Such private system shall be dedicated to the City at no cost.

I.

Prior to such acceptance by the City, such water lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc. If water lines and facilities are not according to City standards, a per-lineal-foot pro rata charge shall be assessed to the users of such system for installation of these new facilities or will be on a per-lineal-foot, actual-cost basis for upgrading or repairing the existing facilities to meet City standards.

35.21.11.5. Land Use Requirements for On-Site Sewage Systems.

A.

Utilizing Private Water Well.

Lots or tracts of land platted or created after the effective date of this Chapter shall have a minimum area of two (2) acres when a private water well is located on the legal tract and a single-family dwelling, commercial, or institutional building utilizes an on-site sewage facility. Environmental protection must be demonstrated on the on-site sewage facility plan when the land tract is in a flood plain or floodway.

B.

Utilizing Public Water System.

Lots or tracts of land platted or created after the effective date of this Chapter shall have a minimum area of one (1) acre when a single-family dwelling, commercial, or institutional building utilizes either a surface or sub-surface drainfield system. Environmental protection must be demonstrated on the on-site sewage facility plan when the land tract is in a flood plain or floodway.

35.21.11.5.1. Individual On-Site Sewage Disposal Systems.

Individual on-site sewage disposal systems will be considered for developments that are located in areas that are impractical or economically infeasible to connect to the City's centralized wastewater collection system. The key factors that will be evaluated to determine the City's acceptance of these alternative individual on-site sewage disposal systems are:

A.

General compliance with the City's Comprehensive Land Use Plan and Wastewater Collection System Master Plans.

B.

The severity of the economic difference between the collective costs of all of the individual on-site sewage disposal systems necessary to serve the entire development and the costs to extend wastewater lines to the development.

C.

The suitability of the soil conditions, topography and other environmental factors effecting the development for the installation of the individual on-site sewage disposal systems.

D.

The total number of lots, size of lots and overall density of the development.

E.

The impact on surrounding properties and environmentally sensitive areas adjacent to the development and the availability of buffer areas.

F.

The impact on surrounding properties ability to develop with suitable access to sanitary sewer facilities.

G.

Review of subdivision or development plans. Before the Permit process for individual on-site sewage facilities can begin, persons proposing residential subdivisions, manufactured housing communities, multi-unit residential developments, business parks or other similar uses and using on-site sewage facilities for sewage disposal shall submit planning materials for these developments to the City of Denton. The planning materials shall be prepared by a professional engineer or professional sanitarian and shall include an overall site plan, topographic map, one hundred (100) year floodplain map, soil survey, location of water wells, locations of easements as identified in Texas Administrative Code Title 30 Chapter 285, and a complete report detailing the types of on-site sewage facilities to be considered and their compatibility with area wide drainage and groundwater. A comprehensive drainage plan shall also be included in these planning materials.

35.21.11.5.2. Septic Systems.

Developments may be approved with individual on-site sewage facility systems according to the following criteria:

A.

A septic tank may be installed to serve an individual residence, commercial or industrial facility if:

1.

The premises upon which such structure is located is more than six hundred (600) feet from any City sanitary main. The distance shall be measured as the straight-line horizontal distance between the end of the existing City sanitary sewer main to the nearest property boundary of the lot to be served;

2.

The Director of Water Utilities certifies in writing that the topography of such premises makes normal connection with such existing sanitary main impractical or impossible; and

3.

The operation of a on-site sewage facility is feasible on the premises and will meet the standards and requirements of this Chapter.

All other installations of on-site sewage facility shall be unlawful within the City or the extraterritorial jurisdiction.

B.

On-site sewage facilities shall be installed in accordance with the standards established by the State Department of Health and the design criteria adopted by the City.

C.

An applicant for approval of an individual septic tank shall submit the following evidence to the Director of Water Utilities:

1.

Map and statement of justification;

2.

Affidavits that no more than one (1) residence, commercial or industrial facility shall be utilizing such on-site sewage facility;

3.

A site evaluation and construction plan of the on-site sewage facility system prepared by a registered professional engineer or registered professional sanitarian; and

4.

Affidavit of the results of the percolation tests.

Upon review of this evidence, the Director of Water Utilities may issue an On-Site Sewage Facility Permit.

35.21.11.5.3. Aerobic Treatment Systems.

Developments may be approved with individual aerobic treatment systems according to the following criteria:

A.

An individual aerobic treatment system with effluent disposal may be installed to serve an individual residence, commercial or industrial facility if:

1.

The premises upon which such structure is located is more than six hundred (600) feet from any City sanitary main;

2.

The Director of Water Utilities certifies in writing that the topography of such premises makes normal connection with such existing sanitary main impractical or impossible; and

3.

The operation of an aerobic treatment system is feasible on the premises and will meet the standards and requirements of this Chapter.

All other installations of on-site sewage facilities shall be unlawful within the City or the extraterritorial jurisdiction.

B.

Individual aerobic treatment systems with effluent disposal shall be installed in accordance with the standards established by the TNRCC and the design criteria adopted by the City.

C.

An applicant for approval of an individual septic tank shall submit the following evidence to the Director of Water Utilities:

1.

Map and statement of justification;

2.

Affidavits that no more than one (1) residence, commercial or industrial facility shall be utilizing such aerobic treatment system;

3.

A plan of the aerobic treatment system prepared by a registered professional engineer or registered professional sanitarian.

Upon review of this evidence, the Director of Water Utilities may issue a Permit for the individual aerobic treatment system.

35.21.11.5.4. Wastewater Treatment Systems.

In areas where development requires water services for more than a single facility and the cost of extending and tying onto the City system is prohibitive public or, privately owned facilities may be considered and approved by the City according to the following general criteria:

A.

The cost to tie onto the City system, less impact fees, would be significantly greater than the proposed alternative.

B.

The applicant of the proposed alternative system provides certified evidence from a registered professional engineer that the system will meet all City, state and federal health and water quality standards.

C.

The sizing and material quality of all facilities will meet the City standards.

D.

Perpetual private maintenance is guaranteed by such means as a homeowner's association, bonds or other means approved by the City Attorney.

E.

Operators of the system will be certified by TNRCC.

F.

The City shall have the right to inspect the system periodically to determine if such system is being operated and maintained according to industry standards.

G.

The review and approval procedures for such wastewater treatment system shall proceed concurrently with the normal platting and engineering plan approval process as outlined in this article, except for applications under these alternative water and sewer facilities proposals, which shall first require review and recommendation from the Public Utilities Board and final concurrence from the City Council.

H.

The City may accept existing or annexed private wastewater treatment system for operation and maintenance when the City's sewer lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and City standards. Such private system shall be dedicated to the City at no cost.

I.

Prior to such acceptance by the City, such water and sewer lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc. If sewer lines and facilities are not according to City standards, a per-lineal-foot pro rata charge shall be assessed to the users of such system for installation of these new facilities or will be on a per-lineal-foot, actual-cost basis for upgrading or repairing the existing facilities to meet City standards.

Connections to sanitary sewer extensions required upon notice. Whenever the City sanitary sewer system is extended to within five hundred (500) feet of any lot or parcel of land within the corporate limits of the City where a septic tank, dry closet or privy vault exists, the owner or occupant of each premises shall abate such septic tank, dry closet or privy and shall construct a suitable water closet upon such premises and connect the water closet with the City sanitary sewer main within forty-five (45) days after written notice to do so from the City health officer unless he can show by county health certificate that his current system is functioning in a sound and safe manner. He shall further be required to have these facilities re-certified every two (2) years.