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Home My Public Portal AboutORD-CC-2016-15CITY OF MOAB ORDINANCE NO.2016-15 AN ORDINANCE ENACTING A MORATORIUM ON NEW CONNECTIONS TO THE CITY OF MOAB WASTEWATER TREATMENT SYSTEM. The following findings describe the reasons for this ordinance and explain its purpose: a. The City of Moab currently operates a wastewater treatment facility situated on west 400 North Street (the "WWTP" or the "Plant"). The WWTP currently serves the combined wastewater treatment needs of the City of Moab, the Spanish Valley Water and Sewer Improvement District (SVWSID), and septage haulers who discharge into the Plant. Service to persons outside of the municipal limits of the City of Moab is provided pursuant to an agreement with the SVWSID. b. The WWTP was constructed in 1959 and has been upgraded twice since construction. Treated effluent from the Plant enters the Colorado River. c. Periodically over the last few years the City has risked exceeding effluent limitations established by the Utah Department of Environmental Quality. The City has undertaken a number of modifications to treatment processes in an effort to improve treatment efficiency at the Plant. d. Engineers retained by the City have recently concluded that the WWTP is operating at capacity, with minimal ability to accept greater inflows without changes to treatment systems. The City is currently studying if changes to treatment systems can be implemented, and at what cost. e. The City is finalizing design and preparing to award contracts for the construction of a new wastewater treatment facility. However, the new facility may not be operational until late 2018. f. In the interim, the City is receiving additional requests for wastewater treatment service from residential and commercial development within the City and Grand County. Reasonably anticipated requests for sewer service are likely to exceed available WWTP capacity. g. The City of Moab possesses authority to regulate and control connections to its wastewater treatment system pursuant to existing ordinances. M.M.C. § 13.08.010, et seq. h. It is in the best interests of the City of Moab, its citizens, and the environment that the City undertake a review of WWTP capacity, and that it halt new connections to the wastewater treatment system until such time as treatment capacity is available. The City finds a compelling public interest to enact this ordinance. i. The City is also cognizant that moratoria on new wastewater connections may have an adverse effect on the City's efforts to encourage the construction of affordable housing for people who live and work in Moab. Therefore, the City concludes that it is in the best interest of the City of Moab that the moratorium in this ordinance contain an exception for new wastewater connections serving the primary residence of persons who live in Moab and Grand County. 1 Now therefore, the City of Moab enacts the following: 1. Definitions. a. The term "Equivalent Residential Unit" or "ERU" means the average wastewater generation, measured on a calendar month basis during the peak month of the year, for a typical residence. For purposes of this ordinance, one ERU shall be equal to a peak month flow of four thousand four hundred (4,400) gallons of wastewater at an average Biological Oxygen Demand (BOD) strength of 300 mg/L and a Total Suspended Solids (TSS) strength of 280 mg/L. b. The term "Existing Connection" means a lawfully established plumbing connection to the City of Moab wastewater system and WWTP as of the effective date of this ordinance, whether located within or outside of the City of Moab municipal limits, where the property owner has paid all applicable connection fees and impact fees. c. The term "Primary Residential Connection" mean a wastewater connection serving a residence which is established after the effective date of this ordinance where the owner certifies, under penalty of perjury, that he/she: i) is a full-time resident of Grand County and/or the City of Moab; and ii) the dwelling is used as a personal residence, and not for a commercial use, overnight lodging, as a second home, or for tourism related uses. 2. Moratorium on New Sewer Connections. Except as provided in this ordinance, no new or expanded plumbing connections to the City of Moab wastewater treatment system or WWTP, whether occurring inside or outside of the municipal limits of the City of Moab, shall be permitted upon the effective date of this ordinance. 3. Effective Date and Duration. This ordinance shall take effect immediately upon passage, and shall continue for a period of ONE HUNDRED EIGHTY (180) calendar days, following which it will automatically expire. It is the policy of the City that this ordinance will be reviewed when City staff determines that additional wastewater treatment capacity is available. This ordinance shall supersede and take precedence over any conflicting ordinances or policies of the City of Moab. 4. Applicability to Other Agencies or Agreements. This ordinance shall apply to, and supersede, all existing agreements governing connections to the City of Moab wastewater treatment system, whether such connections occur inside or outside of City of Moab territorial limits. The City directs that the SVWSID, and/or the Grand Water and Sewer Service Agency take all appropriate steps to implement this ordinance as to future connections to the City of Moab wastewater treatment system which may be sought within the jurisdictions of those agencies. Additionally, the City requests that the Grand County Building Inspector inform all new building permit applicants who may require a sewer connection of the existence of this ordinance at the time of permit application. 5. Priority Connections and Exceptions to the Moratorium. The City acknowledges that a number of persons within the City and Grand County have procured land use entitlements (including building permits) for the construction of new facilities as of the effective date of this ordinance, or submitted land use applications that have been deemed complete at the time of the 2 adoption of this ordinance. In an effort to avoid hardship to those who may have relied in good faith upon these land use approvals or review processes, the following Priority Connections, as defined in Exhibit 1, attached, shall be excluded from the applicability of this ordinance. In every case, Priority Connections must pay all applicable connection fees, impact fees, and service fees; and wastewater service must be lawfully installed. a. Future applications that are for Primary Residential Use (Primary Residential Connections) shall be exempted from the moratorium provisions of this ordinance. In every case Primary Residential Connections may pay all applicable connection fees, impact fees, and service fees; and wastewater service must be lawfully installed. b. Existing Connections are unaffected by the moratorium provisions of this ordinance. Existing Connections may be repaired or replaced incident to lawful remodeling or repair activities, provided that there shall be no increase in connection size or capacity associated with any repair or remodeling work. c. For the duration of this ordinance there shall be no transfer or assignment of Existing Connections, Priority Connections, or Primary Residential Connections from any location other than as specified at the time service is established. Any purported transfer of connections or purported connection rights shall be void. 6. Implementation/Enforcement. The staff of the City of Moab is directed to take all necessary steps to implement this ordinance. Staff is additionally directed to study and report to the City Council on the subject of additional modifications to treatment processes at the WWTP which may be undertaken to improve treatment efficiency and/or capacity until such time as the new treatment plant is operational. a. Where land use applications requiring a wastewater treatment connection are received by the City after the effective date of this ordinance, the City is authorized to review and, if appropriate, approve those applications, subject to the following condition: This development requires service from the City of Moab wastewater treatment plant. Due to a current lack of system capacity, the City will not be able to provide sewer service to this project until treatment plant upgrades are in place. Therefore, approval of this project is subject to the following condition: A Certificate of Occupancy will not be permitted until such time as treatment capacity, as determined by the City of Moab, is available, and a wastewater treatment connection is installed. b. No person shall: i) engage in any development requiring a wastewater treatment connection in violation of this ordinance; ii) construct or install a connection to the City wastewater treatment system in violation of this ordinance; or iii) violate any other provisions of this ordinance. Violation may be punishable as a Class B misdemeanor. Alternately, the City may bring an action to enjoin or abate any violation. In any such civil enforcement proceeding the City need only establish the fact of a violation, and need not post any bond as a condition to obtain an injunction. In addition to any other relief, the court may award the City its reasonable attorney fees and costs incurred in any enforcement action under this ordinance. 3 7. Severability. If any provision of this ordinance shall be found to be invalid by any court with jurisdiction, the provision shall be severed and the remainder of the ordinance shall be enforced without the severed provision. Approved and adopted this 8 day of November, 2016. (0 42-- By: Mayor David Sakrison Attest: Rachel Stenta, Recorder I1_Le Date Attached: Exhibit 1, List of Priority Connections 4 Cji1 r J jl 1 �i i/' ! �4 ,, r\ 4 ,. / 'A1 i+ 1 r i i 1� .y` rrllil,i "EXHIBIT 1" "PRIORITY CONNECTIONS" County/ City Penni Num.- Permit Date: ';I City or County Residential . or Commercial Type of Permit sling Add -- ,), City of Moab Residential Nev,/ construction 1780 Mill Creek Drive Multi -family housing - 215 units City of Moab Commercial New Construction 1000 Sand Flats Road Lionsback Development City of Moab Commercial New construction 712 N. Mi Vida Moab Bolt - Retail & bike shop City of Moab Commercial Addition/Remodel 690 S. Main Moab Brewery Distillery 2/3/2016 City of Moab Commercial New construction 890 N Main Hotel - Moab Place/Hyatt Place 5/2/2016 City of Moab Commercial New construction 356 S Main Hotel - Sleep Inn & MainStay Suites 6/20/2016 City of Moab Commercial Remodel 245 W Williams Way Hotel - Overnight rental units 3 units 10/26/2015 City of Moab Commercial Addition 96 S Main Rooftop patio addition 1702 4/5/2016 City of Moab Commercial Remodel 39 E 100 N Moonflower Market addition and remodel 2683 10/13/2016 City of Moab Commercial Remodel 125 E Center Jail renovation 2637 7/1/2016 City of Moab Commercial New construction 301 S Main High Point Hummer rentals & office 2253 4/21/2014 City of Moab Commercial New construction 51 N 100 W Hoodoo hotel and restaurant 2605 5/19/2016 City of Moab Commercial New construction 165 W Center St Hotel - Overnight rental units 2 units 2611 6/2/2016 City of Moab Commercial New construction 301 S 400 E Moab Realty Office Building 10/17/2016 City of Moab Commercial Remodel 95 N Main Change of use - storage to kitchen 10/18/2016 City of Moab Residential Remodel 810 Mill Creek Dr Change of use/duplex 2668 9/2/2016 City of Moab Residential Addition/Remodel 161 E 100 N Addition/Remodel 2658 8/8/2016 City of Moab Residential Addition 796 Mountainview Dr Accessory dwelling unit addition and remodel 2663 8/24/2016 City of Moab Residential Addition/Remodel 71 E 200 N Change of use/ADU 2669 9/2/2016 City of Moab Residential Remodel 521 & 515 N Taylor Ave Change of use/duplex 2348 12/11/2014 City of Moab Residential New construction 261 Walnut Ln Hoodoo Employee housing 2607 5/23/2016 City of Moab Residential Manufactured home-- 382 W Moenkopi Manufactured home on private property 2598 5/11/2016 City of Moab Residential Manufactured home-- 382 W Chinle Ave Manufactured home on private property 10/21/2016 City of Moab Residential New construction 1146 E Bonita St New residence 10/21/2016 City of Moab Residential New construction 1126 E Bonita St New residence 10/21/2016 City of Moab Residential New construction 1104 E Bonita St New residence 10/21/2016 City of Moab Residential New construction 1098 E Bonita St New residence 10/21/2016 City of Moab Residential New construction 1064 E Bonita St New residence 10/17/2016 City of Moab Residential New construction 780 Palisade New residence 10/17/2016 City of Moab Residential New construction 621 Doc Allen Drive New residence 10/17/2016 City of Moab Residential New construction 644 Doc Allen Drive New residence 10/17/2016 City of Moab Residential New construction 748 W Bartlett St New residence 10/13/2016 City of Moab Residential New construction 670 E Bittle Ln New residence 10/13/2016 City of Moab Residential New construction 1127 E Bonita St New residence 1/6/2016 City of Moab Residential New construction 414 E Secret Cove Ct New residence 2665 8/31/2016 City of Moab Residential New construction 571 E Dragon Fly Tr New residence 2656 8/4/2016 City of Moab Residential New construction 637 S 400 E New residence 2655 8/4/2016 City of Moab Residential New construction 635 S 400 E New residence 2652 7/22/2016 City of Moab Residential New construction/straw 608 River Sands Dr New residence 2653 7/26/2016 City of Moab Residential New construction 1299 E Dream Dr New residence Page: 1 of 4 Residential Commercial Change of use/intensity Workforce Housing Manufactured Home 2627 6/28/2016 City of Moab Residential New construction/straw 671 E Dragon Fly Trail New residence 2626 6/28/2016 City of Moab Residential New construction/straw 661 E Dragon Fly Trail New residence 2675 9/29/2016 City of Moab Residential New construction 486 Locust Ln New residence 2586 4/20/2016 City of Moab Residential New construction 258 S 200 E New residence 2580 4/4/2016 City of Moab Residential New construction 1316 E Dream Dr New residence 2576 3/23/2016 City of Moab Residential New construction 1293 E Dream Dr New residence 2543 2/2/2016 City of Moab Residential New construction 1291 E Dream Dr New residence 2564 3/4/2016 City of Moab Residential New construction 1389 Powerhouse Ln New residence 2468 9/15/2015 City of Moab Residential New construction/straw 491 E Nichols Ln New residence 2453 8/21/2015 City of Moab Residential New construction 191 E 200 N New residence 2673 9/12/2016 City of Moab Residential New construction 295 Aspen Ave New residence - accessory dwelling unit 2640 7/12/2016 City of Moab Residential New construction/ADU 532 Doc Allen Dr New residence - accessory dwelling unit 2450 8/18/2015 City of Moab Residential New construction 434 Ute Cir New residence - accessory dwelling unit 2600 5/16/2016 City of Moab Residential New construction 631 W 470 N New residence - Building 3, Unit 1, Plan C 2601 5/16/2016 City of Moab Residential New construction 635 W 470 N New residence - Building 3, Unit 2, Plan B 2602 5/16/2016 City of Moab Residential New construction 639 W 470 N New residence - Building 3, Unit 3, Plan B 2603 5/16/2016 City of Moab Residential New construction 643 W 470 N New residence - Building 3, Unit 4, Plan C 2628 6/29/2016 City of Moab Residential New construction 672 W 470 N New residence - Building 4, Unit 1, Plan C 2629 6/29/2016 City of Moab Residential New construction 668 W 470 N New residence - Building 4, Unit 2, Plan B 2630 6/29/2016 City of Moab Residential New construction 664 W 470 N New residence - Building 4, Unit 3, Plan B 2631 6/29/2016 City of Moab Residential New construction 660 W 470 N New residence - Building 4, Unit 4, Plan A 2632 6/29/2016 City of Moab Residential New construction 652 W 470 N New residence - Building 5, Unit 1, Plan C 2633 6/29/2016 City of Moab Residential New construction 648 W 470 N New residence - Building 5, Unit 2, Plan B 2634 6/29/2016 City of Moab Residential New construction 644 W 470 N New residence - Building 5, Unit 3, Plan B 2635 6/29/2016 City of Moab Residential New construction 640 W 470 N New residence - Building 5, Unit 4, Plan C 2621 6/13/2016 City of Moab Residential Modular home 396 & 398 Loveridge New residence - duplex 2651 8/11/2016 City of Moab Residential New construction 1136 E Bonita St New residence - Valley View - Model B 2647 7/21/2016 City of Moab Residential New construction 1079 E Bonita St New residence - Valley View - Model B 2645 8/1/2016 City of Moab Residential New construction 1095 E Bonita St New residence - Valley View - Model B 2644 7/21/2016 City of Moab Residential New construction 1103 E Bonita St New residence - Valley View - Model B 2643 7/21/2016 City of Moab Residential New construction 1111 E Bonita St New residence - Valley View - Model B 2642 7/21/2016 City of Moab Residential New construction 1119 E Bonita St New residence - Valley View - Model B 2646 7/21/2016 City of Moab Residential New construction 1087 E Bonita St New residence - Valley View - Model C 2650 7/21/2016 City of Moab Residential New construction 1116 E Bonita St New residence - Valley View - Model D 2649 7/21/2016 City of Moab Residential New construction 1110 E Bonita St New residence - Valley View - Model D 2648 8/1/2016 City of Moab Residential New construction 1073 E Bonita St New residence - Valley View - Model D 9/12/2016 Grand County Commercial New construction 1030 S Bowling Alley Ln Modular building 9/26/2016 Grand County Commercial Utilities 1151 S Hwy 191 Six RV hookups 7427 6/25/2013 Grand County Commercial New construction 2176 S Hwy 191 Warehouse 7841 12/11/2015 Grand County Commercial New construction 3071 S Hwy 191 Storage/shop 7994 9/30/2016 Grand County Residential Remodel 3126 S Spanish Valley Dr Change of use/ADU 7711 3/11/2015 Grand County Residential Remodel 1805 S Shumway Ln Change of use/remodel 10/19/2016 Grand County Residential Modular home 2449 E San Jose Rd New residence - modular home 10/20/2016 Grand County Residential New construction 780 Palisade New residence 10/13/2016 Grand County Residential New construction 11B S Village Loop New residence 10/13/2016 Grand County Residential New construction 11A S Village Loop New residence 10/13/2016 Grand County Residential New construction 18B S Village Loop New residence 10/13/2016 Grand County Residential New construction 18A S Village Loop New residence Page: 2 of 4 10/4/2016 Grand County Residential New construction 2921 E Desert Rd New residence 8/17/2016 Grand County Residential New construction 1366 West Kayenta Dr New residence 9/26/2016 Grand County Residential New construction 4370 Blu Vista Dr New residence 10/4/2016 Grand County Residential New construction 2911 E Desert Rd New residence - accessory dwelling unit 10/3/2016 Grand County Residential New construction 2511 E Redcliff Rd, #2 Redcliff Condominiums - Bldg 2 12 units 7302 3/15/2012 Grand County Residential New construction 2464 Spanish Valley Dr New residence 7540 3/24/2014 Grand County Residential New construction 4058 Mountain Ct Shop/ADU 7681 7/29/2015 Grand County Residential New construction 1888 S Desert Hills Dr Garage/ADU 8008 10/11/2016 Grand County Residential New construction 3853 Red Valley Cir #11-A8 New residence 8007 10/11/2016 Grand County Residential New construction 3853 Red Valley Cir #11-A7 New residence 8006 10/11/2016 Grand County Residential New construction 3853 Red Valley Cir #11-A6 New residence 7988 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A5 New residence 7987 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A4 New residence 7986 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A3 New residence 8002 10/11/2016 Grand County Residential New construction 3853 Red Valley Cir #11-A2 New residence 8001 10/11/2016 Grand County Residential New construction 3853 Red Valley Cir #11-Al New residence 7991 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A8 New residence 7990 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A7 New residence 7989 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A6 New residence 7988 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A5 New residence 7987 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A4 New residence 7986 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A3 New residence 7985 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A2 New residence 7984 9/23/2016 Grand County Residential New construction 3853 Red Valley Cir #10-A1 New residence 7998 10/4/2016 Grand County Residential New construction 3998 Chapman Ln New residence 7976 9/2/2016 Grand County Residential New construction 20 Desert Wind Dr New residence 7975 9/2/2016 Grand County Residential New construction 19 Desert Wind Dr New residence 7974 9/2/2016 Grand County Residential New construction 18 Desert Wind Dr New residence 7973 9/2/2016 Grand County Residential New construction 17 Desert Wind Dr New residence 7983 9/22/2016 Grand County Residential New construction 4144 E Moffitt Ln New residence 7963 8/10/2016 Grand County Residential New construction 1381E Spanish Valley Dr New residence - accessory dwelling unit 7944 7/21/2016 Grand County Residential New construction 2251 S Rio Verde New residence 7947 7/22/2016 Grand County Residential New construction/straw 1140 E San Juan Dr New residence 7942 _ 7/7/2016 Grand County Residential New construction 2136 E Wagon Trail Rd New residence 7971 8/31/2016 Grand County Residential New construction 4308 Blu Vista Dr New residence 7935 6/21/2016 Grand County Residential New construction 4175 E Easy St New residence 7931 6/13/2016 Grand County Residential New construction 2250 S Arena Raja New residence 7915 5/24/2016 Grand County Residential New construction 1081 Wagner Ave New residence 7911 5/12/2016 Grand County Residential New construction 4631 S Pueblo Verde Dr New residence 7903 4/25/2016 Grand County Residential New construction 4293 Blu Vista Dr New residence 7937 6/23/2016 Grand County Residential New construction 3171 George White Rd New residence 7908 5/2/2016 Grand County Residential New construction 4194 E Lipizzan Jump New residence 7893 4/1/2016 Grand County Residential New construction 4264 Valle Del Sol Dr New residence 7855 1/15/2016 Grand County Residential Addition/Remodel 1081 N Kayenta Dr New residence 7848 12/22/2015 Grand County Residential New construction 966 W Westwood New residence 7856 1/20/2016 Grand County Residential New construction 3257 Far Country Dr New residence 7831 11/10/2015 Grand County Residential New construction 3862 S Desert Willow Cir #9-A6 New residence 7830 11/10/2015 Grand County Residential New construction 3862 S Desert Willow Cir #9-A5 New residence Page: 3 of 4 7829 11/10/2015 Grand County Residential New construction 3862 S Desert Willow Cir #9-A4 New residence 7827 11/10/2015 Grand County Residential New construction 3862 S Desert Willow Cir #9-A2 New residence 7826 11/10/2015 Grand County Residential New construction 3862 S Desert Willow Cir #9-Al New residence 7858 1/22/2016 Grand County Residential New construction 2726 Old City Park Rd New residence 7759 6/5/2015 Grand County Residential New construction 3862 S Desert Willow Cir #8-A6 New residence 7756 6/5/2015 Grand County Residential New construction 3862 S Desert Willow Cir #8-A3 New residence 7837 12/7/2015 Grand County Residential New construction 2070 E Munsey Dr New residence w/ADU 7863 2/3/2016 Grand County Residential New construction 821 & 823 S 400 E New residence w/ ADU 7683 1/30/2015 Grand County Residential Permit renewal 3270 Rimrock Rd New residence w/ADU final CO 7925 6/6/2016 Grand County Residential New construction 2511 E Redcliff Rd, #5 Redcliff Condominiums - 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