Ordinance 093-15RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No. 93 -15 (Amended) Passed 20
Form No. 30043
AN ORDINANCE AMENDING CHAPTERS 51 AND
52 OF THE CODIFIED ORDINANCES REVISING
THE CONNECTION REQUIREMENTS FOR THE
SANITARY SEWER AND WATER SYSTEMS
WHEREAS, Chapters 51 and 52 of the Codified Ordinances of the City of Dublin
("Codified Ordinances' provide public sewer and water regulations for the City of
Dublin (the "City'7; and
WHEREAS, Section 51.40 of the Codified Ordinances requires property owners to
connect to a public sewer within 90 days after the date of official notice to do so,
provided that such public sewer is within 100 feet of the property line; and
WHEREAS, Section 52.00 of the Codified Ordinances requires property owners to
connect to a public water system within 90 days after the date of official notice to do
so, provided that such public water system is within 100 feet of the property line; and
WHEREAS, Sections 51.40 and 52.00 of the Codified Ordinances provide that the City
Manager, with concurrence of City Council, may grant relief from the sewer and water
connection requirements upon a showing of proven hardship or extraordinary
circumstances or proven excessive costs; and
WHEREAS, the City desires to amend Sections 51.40 and 52.00 to no longer require
connection to a public sewer or public water system; and
WHEREAS, instead Dublin will continue to work with Franklin County Public Health, to
inspect household sewage treatment systems and require connection to the nearest
accessible public sewer system when the household sewage treatment system is
inoperable or malfunctioning or an application for a permit for installation of a
household sewage treatment system is filed and a public sewer system is accessible
within 200 feet of the structure.
SOW, THE EFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
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Ohio, of the elected members concurring:
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Section 1. That existing section 51.40 of the Codified Ordinances of the City of
Dublin be repealed as follows:
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Section 2. That existing section 52.00 of the Codified Ordinances of the City of
Dublin be repealed as follows:
RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No. 93 -15 (Amended) Passed Page 2 of 2
Form No. 30043
20
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Section 3. This Council further hereby authorizes and directs the City Manager, the
Director of Law, the Director of Finance, the Clerk of Council, or other appropriate
officers of the City to take any other actions as may be appropriate to implement this
Ordinance.
Section 4. This Ordinance shall take effect in accordance with 4.04(b) of the
Dublin Revised Charter.
Passed this �_ day of C'��� , 2015.
ayor - Presiding Officer
ATTEST:
Clerk of Council
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Section 3. This Council further hereby authorizes and directs the City Manager, the
Director of Law, the Director of Finance, the Clerk of Council, or other appropriate
officers of the City to take any other actions as may be appropriate to implement this
Ordinance.
Section 4. This Ordinance shall take effect in accordance with 4.04(b) of the
Dublin Revised Charter.
Passed this �_ day of C'��� , 2015.
ayor - Presiding Officer
ATTEST:
Clerk of Council
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Office of the City Manager
C'Istvof Dublin 1200 Emerald Parkway * Dublin OH 43017-1090
it Phone: 614-410-4400 -& Fax: 614-410-4490
'41-1
To,* Members of Dublin City Council
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From: Dana L. McDaniel, City Manag
Date: December 3, 2015
InIfti'ated By: Megan O'Callaghan, PE, Director of Public Works
Jennifer D. Readler, Assistant Law Director
Re: Ordinance 93-15 - An Ordinance Amending Chapters 51 and 52 of the Codifle
Ordinances Revising the Connection Requirements for the Sanitary Sewer and
Water Systems
Public Water Utility and Sanitary Sewer Utility Extensions to Existing Developed
Property Policy
Public comment was heard during the City Council meeting, staff has met with residents to discuss
the proposed Ordinance and draft Policy, and staff has performed additional research and
benchmarking with other local agencies. All the public comment has been taken into consideration
and staff has made several revisions to the proposed draft Policy and Ordinance 93-15. The
revisions are outlined below.
Memo re. Ord. 93-15 Revising the Connection Requirements for the Sanitary Sewer and Water Systems
December 3, 2015
Page 2 of 4
As mentioned above, staff has taken the feedback from the public under consideration and
performed additional research regarding the current connection requirements. Water and sanitary
sewer services are addressed separately below.
FCPH has the authority under the Ohio Administrative Code to require connection to an accessible
public sanitary sewage system. FCPH and Dublin will continue to work together to ensure
inspection's of HSTS in Dublin occur on a regular basis. Should inspections reveal inoperable or
malfunctioning FISTS, FCPH has processes in place to require connection to the nearest accessible
sanitary sewer. The FCPH process map for those circumstances is attached.
Staff has reviewed FCPH's authority, due process, and typical enforcement practices and is
4 cat'sfied the public health, safety, and welfare as it relates to an HSTS in Dublin will be protected-.
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Accordingly, staff has amended Ordinance 93-15 to.reoeal sections 51.40 Use of Public Sewers
Required and 52.00 Use of Public Water System Required of the Codified Ordinance of the City of
Dublin,
Water Utility and Sanitary Sewer Utility Extensions to Existing Developed Property
Policy
The attached version of the Policy remains largely the same as the previous version that was
Memo re. Ord. 93-15 Revising the Connection Requirements for the Sanitary Sewer and Water Systems
December 3, 2015
Page 3 of 4
presented to Council on November 16, 2015. In summary, the process to extend public sanita
sewer and water services to an Extension Area may be initiated either by the City or by the
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property owners within an Extension Area as follows.
1. Gty� Rve- Year Capital Improvements Program (CIP) Planned Extension 11.
The CIP planned extension initiation process remains as previously proposed with one exception
that is underlined below. City Council may decide to extend public utility mains to provide public
sanitary sewer and/or water services to an Extension Area. City Council"s decision to extend utility
services would typically be based on protecting the public health, safety, and welfare of the
community as well as the opportunity to leverage a planned capital improvement project.
liplippi 111 1
Memo re. Ord. 93-15 Revising the Connection Requirements for the Sanitary Sewer and Water Systems
December 3, 2015
Page 4 of 4
By proceeding with constructing the system extensions we believe Dublin is furthering the
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overarching goai or protecting the public health, safety, and welfare of residents by having the
public water and sanitary sewer systems readily available to property owners.
Developed Parcels Currently within 100 Feet of Public Sanitary Sewer and/or Water
Systems
Should Ordinance 93-15 be approved as submitted -- repealing the required connections to the
sanitary sewer, and public water systems, the specific issue of developed parcels that are currently
within 100;feet of the public utility systems is no longer relevant.
Staff recommends City Council take the following actions on December 7, 2015:
1. Approve Ordinance 93-15 at the second reading/public hearing repealing Sections 51.40 and
52.00 of the Codified Ordinances.
2. Adopt the attached version of the Public Water Utility and Sanitary Sewer Utility Extensions to
Existing Developed Property Policy.
Public Water Utility and Sanitary Sewer Utility Extensions to Existing Developed
Property Policy
City of Dublin, Ohio, USA
As adopted by Dublin City Council on December 7, 2015
Background
Dublin City Council desires to protect the public health, safety, and welfare of the Dublin
community. The majority of Dublin's developed properties are serviced by public water and
sanitary sewer services; yet, there are developed areas within the City of Dublin that are not
serviced by public water and sanitary sewer services. Furthermore, it is the intent of City
Council to provide residential properties with reasonable access to safe drinking water and
minimize the potential threat to public health and welfare that may be associated with private
household sewage treatment systems (HSTS). Public health concerns may arise with regard to
failing septic tanks, failing aeration systems, possible water well contamination and /or poorly
functioning private on -site water and sanitary sewer systems.
Purpose
The purpose of this policy (hereinafter referred to as "Policy') is to establish an equitable,
documented, uniform, and systematic mechanism by which the City of Dublin can plan and
extend its public water and /or sanitary sewer utility services to those developed areas not
currently served by the same that are within the City of Dublin corporation limits. City Council
has determined that this Policy serves a public purpose and will benefit all citizens of the City of
Dublin.
This policy replaces all previous policies related to the extension of water or sanitary sewer
services to existing residential neighborhood and /or individual private parcels or properties.
III. Definitions
Affected Property shall mean each individual lot, parcel of record, or dwelling unit within
the Extension Area that would benefit from public utility service.
Affected Property Owners shall mean the title holders and record owners of Affected
Property within the Extension Area that is recorded by the County Auditor of the
appropriate county.
Extension Area shall mean an area of parcels, subdivision, or development defined by
the City of Dublin and located wholly within the City of Dublin that does not have public
water and /or public sanitary sewer services. An Extension Area shall include all lots
bordering a public street as shown on the General Location Map of the Water /Sanitary
Sewer Extension Areas as identified in Exhibit "A ".
Petition Representative is an owner of an Affected Property for which a Utility Extension
Application and Utility Extension Petition is being submitted and who is responsible for
the circulation and submission of the Utility Extension Application and Utility Extension
Petition.
Private Connection Costs means the costs to Affected Property Owners for pipes, labor,
connection fees (current tap fees and capacity charges), and other appurtenances that
may be necessary to properly connect a dwelling unit to the public water and /or
sanitary sewer system.
Project shall mean the design, construction, installation, and extension of the public
water and /or sanitary sewer facilities and all action necessary to administer the same.
Utility Extension Application shall mean a written request to extend public water and /or
sanitary sewer services to an Extension Area, which shall in every case include a Utility
Extension Petition signed by no less than eighty -five percent (85 %) of the Affected
Property Owners.
Utility Extension Petition shall be submitted by the Petition Representative and shall
contain the printed name, address, signature and date of at least eighty -five (85 %) of
the Affected Property Owners who desire to have public water and /or sanitary sewer
utilities extended to their Affected Property by the City of Dublin, Ohio. The Utility
Extension Petition will provide a list of terms with which the Petitioners acknowledge
and agree. If an Affected Property Owner controls more than one Affected Property in
the Extension Area, s /he must sign for each Affected Property separately on the Utility
Extension Petition.
IV. Extension of Only Water or Sanitary Sewer
The extension of public water or sanitary sewer utilities, but not both, is applicable only when
the City Manager determines that the Affected Property is served by one utility and not the
other. Any Affected Property Owner who does not have both public water and sewer shall not
be eligible to receive just one (1) utility service.
V. Initiation Processes
a. City's Five -Year Capital Improvements Program (CIP) Planned Utility Extensions
Dublin City Council may decide to extend public utility mains to provide public water
and /or sanitary sewer services to an Extension Area. City Council's decision to extend
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utility services would typically be based on protecting the public health, safety, and
welfare of the community as well as the opportunity to leverage a planned CIP project.
b. Petition for Extension by Affected Property Owners
Affected Property Owners may request the City Council to extend public utilities to and
within an Extension Area. The request shall be initiated by the Petition Representative
submitting a signed Utility Extension Application to the City Manager.
Affected Property Owners may submit a Utility Extension Application to the City
Manager no later than March 1 of each year for consideration and possible inclusion in
the City's next update of the five -year CIP, which is generally adopted in September of
each year. The completed Utility Extension Application must include:
• a cover letter outlining the request for the public utility extension;
• a completed Utility Extension Petition supporting the request, signed by no less
than eighty -five percent (85 %) of the Affected Property Owners;
• a properly executed Affidavit by the Petition Representative indicating the
Affected Property Owners' commitments to connect to the utilities as well as
donate, at no expense to the City, all necessary easements for the placement of
the public water and /or sanitary sewer utility services.
• Identification of the Extension Area desiring extension of public utility services
with a list of all Affected Property addresses; and
• an indication whether an extension of public water or sanitary sewer services is
requested, or both.
VI. Utility Extension Prioritization Factors
The City Manager shall take the following factors into consideration when prioritizing public
utility extensions:
a. Public Health and Safety Risk Potential — Although interest in utility extensions
expressed by Affected Property Owners is part of the decision - making process, a
greater goal of this Policy is the protection of the public health and welfare of the
community.
i. Whether any environmental and /or public health issues may arise by not
extending public water and /or sanitary sewer services;
ii. Whether there is any potential for depletion or contamination of
groundwater at or near an Affected Property;
iii. Whether any of the Affected Properties in the Extension Area contain any
failing HSTS or non - functioning and /or contaminated domestic water wells as
the result of changes to the aquifer from which the well draws water;
iv. Whether there are any other factors or issues that may negatively impact the
public health, safety, and welfare of Dublin residents or the community at
large.
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b. Future Development Potential — In areas within Dublin where future development
can occur and, as a result, will require the extension of public water and /or sanitary
sewer utility lines, the City would typically expect the future development to extend
the lines.
c. Potential to Leverage a Planned Transportation or Utility CIP Project — In Extension
Areas where a planned transportation or utility CIP project is programmed and, as a
result, efficiencies could be realized to extend the public water and /or sanitary
sewer lines as a part of that project, the City should coordinate the timing of such
utility extension with those CIP projects.
d. Cost Effectiveness — Whether there are other remedies to repair or otherwise
extend the life of the Affected Property Owner's on -site HSTS and /or private
domestic water source system, or to replace said system, as a more cost effective
means than extending public utilities.
e. Cost Estimate and Available Resources — The City will develop a preliminary design
in order to estimate the project costs and any significant issues associated with
potential utility extensions.
f. Whether there are any other factors, issues, or considerations that may negatively
impact the environment, public health, or public utility systems; and
VII. Annual Monitoring and Reporting Requirements
The City Manager will submit a Public Water Utility and Sanitary Sewer Utility Extensions to
Existing Developed Property Policy Report to City Council as a part of the annual review of the
City's five -year CIP and will include:
• Number and quantity of known private HSTS in the City;
• number and quantity of known private water systems in the City;
• updated list of properties that have public sanitary sewer and water services available
but are not connected;
• updated map of Extension Areas;
• updated preliminary project cost estimate for the design and construction of public
water and /or sanitary sewer utility service extensions;
• recommendation reports related to any Utility Extension Applications received prior to
March 1 of that year;
• recommended Extension Areas to program for the next five -year CIP update; and
• copies of communications providing notices to Affected Property Owners located within
Extension Areas proposed to receive utility extensions during the upcoming CIP
timeframe.
M
In addition, condition assessments of private HSTS will be performed periodically and a report
will be provided to Council.
VIII. Advanced Notification to Affected Property Owners of Programmed Utility Extension
Projects
In the event City Council programs a utility extension project in the five -year CIP, staff shall
send correspondence to the Affected Property Owners in the Extension Area notifying them of
the City's intent to proceed with the utility extensions and informing them of the process for
connection to the utility systems.
IX. Implementation of Programmed Utility Extension Projects
a. City Design of Public Utility Extensions - The City will fund and prepare plans to
extend public water and sanitary sewer utility services into the Extension Area. The
timing and funding will be determined by City Council.
b. Affected Property Owners' Connection to the Public Utility Lines — Affected
Property Owners shall be responsible for all Private Connection Costs including
payment of tap fees and capacity charges to the City of Dublin and City of Columbus.
Affected Property Owners shall also be responsible for all expenses necessary for the
installation of all private service lines from the public utility main lines to their
structure and any modifications to existing interior plumbing necessary to connect
to the public utility lines.
i. Petitioning Property Owners
1. Property owners petitioning for utility extensions shall pay their
required tap fees and capacity charges in full, prior to the City
advertising the construction contract for bids for the utility
extension.
2. The City shall withdraw funding for a utility extension in cases
where petitioning Affected Property Owners fail to pay the
required tap fees and capacity charges prior to the City
advertising the construction contract for bids.
ii. As an incentive to connect, Affected Property Owners will be eligible for a
waiver of fifty percent (50 %) of the City of Dublin's current tap fees and
capacity charges so long as connection is made within a two year
timeframe of receipt of notification that the public utility services are
available. The City of Columbus' connection charges will not be eligible
for this waiver.
c. City Construction of Public Utility Extensions - The City will fund and construct
utility extensions into the Extension Area. The timing and funding of the Project
will be as determined by City Council.
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L Alignment and Location of Proposed Utility Extensions - The City reserves
the right to choose the alignment and location of the requested utility
extensions. The City shall not be obligated to replace landscaping,
irrigation systems, or any other privately owned obstructions within the
existing right -of -way or utility easement at the time of construction, nor
will the City be obligated to compensate property owners for the removal
of such obstructions.
ii. Once the construction of a Project is complete, the City will notify the
Affected Property Owners in writing that the Project is complete and the
public utility services are available and informing them of the process for
connection to the utility systems.
X. Other
At any time, City Council reserves the right, without setting precedence, to extend public utility
services for the public health, safety and welfare of residents or the community at large by the
means it deems necessary.
Nothing in this Policy shall be deemed to abridge the authority and powers granted unto the
City of Dublin and its City Council by law.
Exhibits Listing
A— General Location Map of the Public Water /Sanitary Sewer Extension Areas
Water /Sewer Extension Areas Utility Extension Areas
General Location Map =] Sewer Only
August 3, 2015 � Sewer and Water
City of Dublin =1 Water Only