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HomeMy WebLinkAboutORD 2006-91 - Conservative Districts MUDORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ADDING NEW SECTION 13.10 TO THE CITY'S UNIFIED DEVELOPMENT CODE RELATING TO THE CREATION OF CONSERVATION AND RECLAMATION DISTRICTS, AMENDING SECTIONS 13.04.010; 1104.070; 13.06.030 AND 16.05 RELATING TO RESIDENTIAL RURAL SUBDIVISIONS AND PROVISION OF SEWER SERVICE TO RESIDENTIAL RURAL SUBDIVISIONS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, petitions have been submitted to the City of Georgetown seeking the City Council's consent to creation of municipal utility districts in the City's extraterritorial jurisdiction; WHEREAS, it is anticipated that the city will receive additional petitions seeking the city Council's consent to creation of municipal utility districts, water control and improvement districts or other types of conservation and reclamation districts; WHEREAS, it is advisable to adopt regulations concerning creation of all types of conservation and reclamation districts to provide guidelines for the City Council with regard to specific consent petitions, but to provide a framework for analysis of each proposed district and issues unique to the district; and WHEREAS, .the definition of "Residential Rural Subdivision" in the and the provision of sewer service to such subdivisions needs to be clarified and restated to reflect the City's current policies and practices; and WHEREAS, the policy is not intended to limit the issues that can be considered by the city Council with regard to specific consent petitions or requests for utility service, but to provide a framework for analysis of each proposed district and issues unique to the district or the area requesting utility service; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT. SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the Century Plan as follows: 1. Policy End 12.00 in the Utilities / Energy element, which states: "City owned, sponsored or managed utilities provide safe, adequate and reliable services to all customers." 2. Focus End 12.02 in the Utilities J Energy element, which states: "City water and wastewater customers in all certified areas receive services which exceed state and federal standards." 3. Policy End 14.00 in the Finance element, which states: "All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided." 4. Focus End 14.01 in the Finance element, which states: "Each utility system is a self- supported operation that provides a desirable -and affordable level of service." 5. Focus End 14.03 in the Finance element, which states: "The City's utility rates are competitive with surrounding communities and with the statewide and national averages for comparable utility systems." and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. New Section 13.10 of the "Unified Development Code," ("UDC') attached hereto as "Exhibit A" and incorporated herein for all purposes as if set forth in full, is hereby adopted. SECTION 3. Amendments to Sections 13.04.010; 13.04.070; 13.06.030 AND 16.05 of the UDC attached hereto as "Exhibit B" and incorporated herein for all purposes as if set forth in full, are hereby adopted. SECTION 4. If any provision of this Ordinance or the UDC, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The City Secretary shall cause the caption of this Ordinance to be published one time within ten (10) days after its final passage, or as soon thereafter as possible, in the Williamson County Sun. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. The UDC adopted by this ordinance shall take effect ten (10) days after the date of the publication of its caption in the Williamson County Sun. PASSED AND APPROVED on First Reading on the �6 day of a e, o cAy\ he c 20064 PASSED AND APPROVED on Second Reading on the day of 3� 2006, ATTEST: APPROVED AS TO FORM: Patricia E. Carls, Brown & Carls, L.L.P. City Attorney THE CITY OF GEORGETOWN By: elon, Mayor Exhibit NA" To provide for the prudent use of political subdivisions that are created pursuant to Article III, Section 52, and/or Article XVI, Section 59, of the Texas Constitution and that are authorized by law to provide water, wastewater, drainage and other services ( "districts "), in order to allow development within the City's corporate boundaries and extraterritorial jurisdiction that is generally consistent with the City's Comprehensive Plan. This section is intended to be equitably applied to the creation of, inclusion of land within, and operation of all proposed districts, while allowing flexibility necessary to address unique factors that may arise with respect to each proposed district. Prior to considering whether to consent to or support the creation of a district, the City will consider whether the City is able to provide water and/or wastewater service to the area proposed to be included in the district and whether such area is within the City's projected ultimate city limit boundary. The standards established in this section are intended to carry out the following purposes: • Encourage quality development; • Protect the water quality within all watersheds of the City; • Protect the water quality of the City's drinking water sources; • Allow the City to enforce land use and development regulations consistent with the City's comprehensive plan; • Provide for construction of infrastructure consistent with City standards and City inspection of such infrastructure; • Provide notice to residents of the district that the City may annex the district at some future time; • Facilitate cost- effective construction of infrastructure to serve the area within the district, including police and fire stations, that is consistent with City standards and plans, so that the potential financial burden on the citizens of Georgetown will be reduced, in the event of annexation of such land by the City; • Provide for extension of water and wastewater lines that will serve future growth in the City and its extraterritorial jurisdiction consistent with the City's regional utility planning. • Establish guidelines for reasonable conditions to be placed on; Issuance of bonds by the district; and The City's consent to creation of the district, including conditions consistent -with the City's water and sewer bond ordinances regarding creation of districts that might otherwise detrimentally compete with the City's utility systems; * Establish guidelines for other mutually beneficial agreements by the City and the district; ® Provide a procedural framework for responding to an application seeking the City's consent to the creation of a district; and 13.10.020 Definitions A. Bond. Instrument, including a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments due to be paid by an issuer, or other type of obligation that: (1) is issued or incurred by an issuer under the issuer's borrowing power; without regard to whether it is subject to annual appropriation; and (2) is represented by an instrument issued in bearer or registered form or is not represented by an instrument but the transfer of which is registered on books maintained for that purpose by or on behalf of the issuer. Be Certificate of convenience and necessity (CM. A permit issued by the Texas Commission on Environmental Quality ( "TCEQ ") authorizing a specified utility to be the retail water or sewer service provider in a specified area. co City Council. City Council of the City of Georgetown. D. Consent agreement. An agreement between the City and owners and developers of land in a proposed district which, if agreed to, shall be attached to the consent resolution adopted by the City Council. E. Consent resolution. A resolution approved by the City Council setting forth terms of its consent to creation of a district. F. Consent to creation of a district. Authorization for the owners of land in a proposed district to initiate proceedings to create a district as provided by law. G. District. A municipal utility district ( "MUD ") water control and improvement district ( "WCID "), flesh water supply district ( "FWSD ") or similar political subdivision created to provide water, sewer or drainage utility services, roads or other services allowed by law to a specified area, pursuant to Article III, Section 52, and/or Article XVI, Section 59, of the Texas Constitution. H. Extraterritorial jurisdiction (ETJ). Unincorporated area generally extending two miles from the City limit, excluding other incorporated municipalities and their ETJ, in which the City has the authority to annex property, as determined in accordance with Chapter 42 of the Local Government Code. I. Strategic partnership agreement. An agreement between the City and a district addressing the relationship between the City and the district, including limited purpose annexation of commercial areas and other matters pursuant to Section 43.0751 of the Local Government Code. J. TCE . - The Texas Commission on Environmental Quality or its successor. 13.10.030 Prerequisites to Consent to Creation of a District A. Before the City Council consents to creation of a district, the following issues shall be considered in accordance with this chapter: i. If applicable, whether the area proposed for inclusion in the district meets criteria for annexation set out in the City's annexation policy and is within the City's projected ultimate city limit boundary; and 2. Whether the City will provide water and/or wastewater services to the land within the proposed district at a reasonable cost and will commence construction of facilities necessary to serve the land within 2 years and substantially complete such construction within 4'/2 years after submittal of the petition pursuant to the City's policies on the extension of utility services. B. If the determination on both issues 1 and 2 above is negative, then before consenting to the creation of a district, the City Council shall consider further whether the creation of the district is feasible, practicable, necessary for the provision of the proposed services and would be a benefit to the land, and therefore warrants the City's consent, consistent with the other considerations in this policy. C. If the determination on either of the two issues is affirmative, then the City Council shall not consent to creation of the district unless the applicant demonstrates that unique factors justify its creation. If appropriate under the circumstances, the City shall: i. Commence negotiations with the owners of at least 50 percent of the land in the proposed district and a majority of the qualified voters concerning the City's provision of water and wastewater services, upon receipt of a petition submitted by such persons in accordance with Local Government Code, Section 42.042; or 2. Commence proceedings to annex the land in the proposed district. 1 r Mf1 Staff Analysis Upon receipt of an application seeking the City's consent to creation of a district and after a preliminary determination of the prerequisites in Section 13.10.030, City staff shall analyze the proposed development and its potential impact on facilities and services. The applicant shall provide the following preliminary information relative to the land proposed to be included in the district, if available: A. Engineering report showing: i. Preliminary water availability study, including copies of any proposed contracts; 2. Preliminary wastewater treatment availability, including copies of any proposed contracts; 3. Preliminary drainage study; and 4. Preliminary road study for any roads proposed to be reimbursed by bonds. Be Preliminary cost estimates for water, wastewater, drainage or road facilities or projects, and any other proposed district facilities to be reimbursed or paid for by the issuance of district bonds; co Master development plan showing general layout of proposed land uses; major streets and roads; water, wastewater and drainage facilities; and any other district facilities; D. Information concerning provision of firefighting and law enforcement services; E. Estimated buildout schedule by year with estimated assessed valuations in the district; F. Estimated ultimate amount of bonds to be issued by the district, ultimate debt service requirements and projected district tax rate; G. District boundary and vicinity map; H. Traffic study identifying potential impacts on: i. The City's road system serving the land proposed to be included in the district, if all or any portion of the land is located within the City or within 2 miles of the City's boundaries; and 2. The county's road system, This traffic study is in addition to any traffic studies required by the City's subdivision regulations in connection with submittal of subdivision plats; 5 3. If all or any portion of the proposed district is located outside the City's boundaries, proof that the applicant has provided the following information by certified mail to the Williamson County Judge and each member of the Commissioners Court: the name, acreage and location of the proposed district, buildout schedule, estimated population on total buildout and map of the area; 4. Such other information as City staff may reasonably require to analyze the need for the proposed facilities and the development's potential impact; and 5. Any proposed City consent agreements. 13.10.050 Conditions to City's Consent to Creation of a District If the City Council elects to consent to the creation of, or inclusion of land within a district, then it shall impose the following requirements as conditions of the City's consent, and such requirements shall be stipulated in the consent resolution and/or other ancillary agreement, unless the City Council determines that requirements are not appropriate with regard to a specific district. A. All water, wastewater, drainage and road infrastructure and facilities as well as any other infrastructure or facilities to be reimbursed or paid for by the issuance of district bonds, shall be designed and constructed to City standards, including without limitation fire flow standards and utility and road design, construction and installation standards, in accordance with plans and specifications that have been approved by the City. In the event of a conflict between City water and wastewater standards and standards imposed by the CCN holder for the proposed district, City standards shall prevail, unless otherwise agreed by the City. Be The City shall have the right to inspect all facilities being constructed by or on behalf of the district and to charge inspection fees consistent with the City's inspection fee schedule, as amended from time to time. C. Bonds, including refunding bonds issued by the district, shall, unless otherwise agreed to by the City, comply with the following requirements, provided such requirements do not generally render the bonds unmarketable: 1. Maximum maturity of 20 years for any one series of bonds; 2. Interest rate that does not exceed 2% above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one month period preceding the date notice of the sale of such bonds is given; 3. The bonds shall expressly provide that the district shall reserve the right to redeem bonds at anytime subsequent to the tenth (101') anniversary of the Ordinance No. .O(O Special District Creation Page 5 of 10 ibil- A date of issuance, without premium. No variable rate bonds shall be issued by a district without City Council approval; and 4. Any refunding bonds of the district must provide for a minimum of 3% present value savings and that the latest maturity of the refunding bonds may not extend beyond the latest maturity of the refunded bonds unless approved by the City Council, D. The City shall require the following information with respect to bond issuance: 1. At least 30 days before issuance of bonds, except refunding bonds, the district's financial advisor shall certify in writing that the bonds are being issued within the existing economic feasibility guidelines established by the TCEQ for districts issuing bonds for water, sewer or drainage facilities in the county in which the district is located and shall deliver the certification to the City Secretary, and the City. 2. At least 30 days before the issuance of bonds, the district shall deliver to the City Secretary, and the City Manager notice as to: a. The amount of bonds being proposed for issuance; b. The projects to be funded by such bonds; and c. The proposed debt service tax rate after issuance of the bonds. If the district is not required to obtain TCEQ approval of the issuance of the bonds (other than refunding bonds), the district shall deliver such notice to the City Secretary, and the City Manager at least 60 days prior to issuing such bonds. Within 30 days after the district closes the sale of a series of bonds, the district shall deliver to the City Secretary, and the City Manager a copy of the final official statement for such series of bonds. If the City requests additional information regarding such issuance of bonds, the district shall promptly provide such information at no cost to City. E. The purposes for which a district may issue bonds shall be restricted to the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to. 1. Provide a water supply for the district for municipal uses, domestic uses and commercial purposes; 2. Collect, transport, process, dispose of and control all domestic, industrial or communal wastes from the district whether in fluid, solid or composite state; Ordinance No. &200&-V r�x r 1 i i- A Special District Creation Page 6 of 10 3. Gather, conduct, divert and control local storm water or other local harmful excesses of water in the district; and 4. Pay organization and administrative expenses, operation expenses during construction, cost of issuance, interest during construction and capitalized interest. If appropriate in a particular district, the City may consent to issuance of bonds for purchase, construction, acquisition, repair, extension or Improvement of fire stations, roads and/or other capital improvements that are mutually agreed upon by the City Council and the applicant. F. The district shall contain sufficient acreage to assure the economic viability of the district but no more acreage than can feasibly be annexed at one time. In general, a district is not expected to include less than 200 acres or more than 500 acres. G. Development within the district shall be consistent with the City's Comprehensive Plan. H . No district shall include land in more than one city's Extraterritorial Jurisdiction. I. The City and the owners of all land in the proposed district shall reach agreement on the terms of a development agreement pursuant to Local Government Code, Section 212.171, et seq. to extend the City's planning authority over land included in the district by providing for approval of a development plan, authorizing enforcement by the City of land use and development regulations, and including other lawful terms and considerations the parties consider appropriate. The development agreement shall include provisions relating to the following matters: 1. Land use plan reflecting all approved land uses and residential densities, 2. Compliance with City construction codes, including permit requirements; 3. Compliance with City and other applicable stormwater and water quality regulations; 4. Development standards comparable to City zoning regulations; and 5. Dedication and development of park land, open space and trails. The above list is not intended to be exhaustive. It is expected that the parties will cooperate to identify those matters unique to the district that may be addressed in a development agreement. 7. At least 30 days before issuance of bonds, the district shall certify in writing that the district is in full compliance with the consent resolution approved by the City Council and, to the extent such agreements impose requirements on the district, with the consent agreement, strategic partnership agreement and all other Ordinance No. 6200& -9 Exhibit A Special District Creation Page 7 of 10 agreements executed by me City and the district, and shall deliver the certification to the City Secretary, and the City Manager. K. No land within the district shall be allowed, at any time in the future, to incorporate, join in an incorporation, or be annexed into any incorporated city other than the City of Georgetown. L. No land shall be annexed by the district without prior City Council approval. M. The district shall not construct or install infrastructure or facilities to serve areas outside the district or sell or deliver services to areas outside the district without prior City Council approval. N. After creation of the district, and unless otherwise expressly authorized by the consent agreement or development agreement, no district shall be converted into another type of district, consolidated with another district, divided into two or more new districts, or seek additional governmental powers that were beyond its statutory authority at the time the district was created, without prior City Council approval. O. If allowed by law, the City may annex any commercial development within the district for limited purposes pursuant to Local Government Code, Section 43.0751, and may impose a sales and use tax within the area annexed for limited purposes. If limited purpose annexation is not allowed by law, then the City may not consent to inclusion of commercial retail areas within the district. The City may consider sharing tax receipts with the district, provided the district's share is used to finance infrastructure, retire bond debt or for other purposes acceptable to the City. P. The district shall not issue any bonds other than those authorized by the consent agreement without City Council approval. Q. The district shall file a notice in the real property records of all counties in which the district is located stating that the City has authority to annex the district. The parties may attach a form of such notice to the consent agreement or development agreement. R. The district shall send a copy of the order or other action setting an ad valorem tax rate to the City Secretary, and the City Manager within 30 days after district adoption of the rate. S. The district shall, send a copy of its annual audit to the City Secretary, and the City Manager within 30 days after approval. T. The City shall encourage the district to maintain a debt service structure that will ensure that the district's taxes are maintained at a rate at least equal to the City's tax rate, to the extent feasible. Ordinance No. *Z - 91 Exhi Special District Creation Page 8 of 10 I U. The district shall provide copies of any material event notices filed under applicable federal securities laws or regulations to the City Secretary, and the City Manager within thirty (30) days after filing such notices with the applicable federal agency. V. Construction of capital improvements such as fire stations and recreational amenities shall be encouraged. w. Sharing of fire stations, recreational amenities and other capital improvements by the City and the district shall be encouraged. X. If construction or expansion of a wastewater treatment facility is proposed to serve the district, the plant design shall conform to all applicable state and federal permitting and design standards. In addition, any wastewater discharge shall be permitted to meet effluent limitations no less stringent than 5 -5 -24 (5 parts per million { "ppm"} biochemical oxygen demand; 5 ppm total suspended solids; 2 ppm nitrogen; and 1 ppm phosphorus), or the current limits in permit(s) held by the City, whichever is strictest. The City reserves the right to protest any wastewater treatment facility permit application or amendment. Y. The board of directors of the district and landowners within the district shall assist the City in annexing one or more areas as reasonably necessary for the City to connect areas to the City that are outside the district and that the City intends to annex in the foreseeable future. Z. The City shall require the district to complete a traffic impact analysis pursuant to Section 12.05 of this Code. AA. The City may agree not to annex and dissolve the district any earlier than the first to occur of: (i) extension of water, sanitary sewer and drainage facilities to serve 90% of the land within the district; or (ii) 15 years after creation of the district. The contract between the City and the district may provide that the City may set rates for water and/or sewer services for property that was within the district that vary from those for other properties within the City in order to compensate the City for assumption of district obligations upon annexation, in compliance with any statutory requirements applicable to such an agreement. BB. The consent agreement and ancillary documents shall include terms providing for the district to be fully developed and ready for full purpose annexation by the City within a reasonable time period. CC. The applicant shall reimburse the City for expenses incurred by the City in connection with the City's consent to formation of the district, including but not limited to professional fees incurred in connection with negotiation and preparation of the consent resolution, consent agreement, development agreement, strategic partnership agreement and related documents. Ordinance No. Special District Creation Page 9 of 10 hi,b1i 4 13.10.060 City Operations Compensation Fee A fee shall be assessed for each residential unit within the district equal to the proportion of City operations attributed to serving residents of the district. The fee shall be calculated as follows: B = Total General Fund budget for the fiscal year in which the consent application is filed. P = The estimated population of the City at the time the consent application is filed. H = The estimated average household size within the City at the time the consent application is filed. D = The percentage of City services used by district residents. This percentage shall be adopted by the City annually as a part of the City's budget adoption process. Y = Number of years of duration of the district. R = Discount rate. This rate shall be adopted by the City annually as a part of the City's budget adoption process. PV = Present value. City Operations Compensation Fee = PV(R,Y, -((B / (P / H)) * M)) Example: B = $243000,000 P = 41,000 H = 2.8 D =15% Y =20 R =6% Fee = $2,819.92 Ordinance No. Special District Creation Page 10 of 10 1 W4 A Exhibit "B" t ! - - - - - - - i I • •Y • • ♦ ♦ , ♦ ! • • • ♦ • • ! i _ f • • _ MR t�)��lllll t� - • • • • • I 13.04.0io Applicability Residential Estate (RE) Districts, or within the areas within the Citv's extraterritorial jurisdiction ( "Rural Residential Subdivisions "). It is the intent of sacrifice the integ tX of the City of Georgetown's current or future infrastructure stems Utility service shall be provided to Rural Residential Subdivisions i sy n accordance with the requirements of this Section. 13.04.070 Utilities in Residential Rural Subdivision A. Wastewater Collection Systems Wastewater service to Residential Rural Subdivisions (as that term is used in Section 13.04.010) will normally be provided through the use of On -Site Sewage Facilities (Septic Systems); however, the City shall require the installation of sanitary sewer systems in accordance with the provisions of Section 13.06.030 of this Code, when: IT! An approved public sanitary sewer collection main or outfall line is dirt less than one -half mile of the f rt est prep" y lineef the tr-a tj c= away from the property boundary and connection to the system is both technically possible and permissible by the City or authorized provider of the centralized wastewater services, the subdivider shall be required to install a public wastewater collection system and shall bear the cost of connecting the subdivision to such existing wastewater collection system. 2. An approved public san ary -sews wastewater collection main or outfall line is net %ithin more than one -half mile or the f rffi mest nrena,»fy line er tr-aet, but the extensi ef a a nit r, sewer- eelle Lien main nr eut fal is years -from the- -t e of Preliminary Plat apYNYU away from the property boundary, and where the extension of a sanitary sewer collection main or outfall lines is scheduled in the Ci 's Capital Improvements Plan to be completed to a point within one -half mile away from the property boundary within five (s) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system and shall bear the cost of connecting the _subdivision to such existing wastewater collection system . . Subdivision or development of properties used or designated for use for single family residential purposes may install or maintain an On -Site Sewage Facility„ and such use must also be in accordance with the terms of this Chapter and with Chapter 1S 20 of the City Code of Ordinances pertaining to maintenance of same. Subdivision or development of properties situated in the ETJ or in the AG District and used or designated for use for non- residential purposes shall be required to comply with the provisions of Section 1i.o6 of this Code regarding the use of On -Site Sewage Facilities. B. Water Distribution System To enhance the overall efficiency and service level for water distribution in rural subdivisions the City will attempt to cooperate with existing nonmunicipal water utility providers in the City's extraterritorial jurisdiction. Through joint coordination and planning both the City and the nonmunicipal water utilities will work towards ensuring the availability throughout the jurisdiction of this ordinance of a water distribution system that satisfies the State fire flow requirements. s. In approving any rural subdivisions designed for any type of development other than single - family detached residential development, the project shall satisfy the State fire flow standards as adopted in Section 13.o6.02oA. 2. All single- family detached residential rural subdivisions shall install water distribution system improvements meeting the design requirements of this ordinance and; a. Where a public water system capable of providing required fire flows to the development is located within one - quarter mile of any part of the subdivision then it shall be the responsibility of the developer to extend service and connect to the public utility in order to provide fire protection to the development, or M1 b. Where no public water system capable of providing required fire flows to the development is located within one - quarter mile of any part of the subdivision and the subdivider chooses not to extend service to provide fire flow, then required fire hydrant connections shall be made with valves capped to allow for future installation of fire hydrants and the required number of fire hydrants or payment equal to the value of such hydrants as determined by the governing utility shall be delivered to the water utility within which jurisdiction the subdivision is located to enable the water utility to install the necessary fire hydrants upon the ability to furnish fire flows to the subdivision. 3. For all rural subdivisions which are not to be served by a public water supply, the subdivider must show proof of a safe and adequate water supply. 4. The main size for water distribution system improvements shall be a minimum diameter of 8 inches. 13.o6.030 Sanitary Sewer System A. Sanitary Sewer System Required Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be served by either an On -Site Sanitary Sewer Facility (Septic System), or by a public wastewater collection system, as provided in this Section. i. Where an approved public sanitary sewer collection main or outfall line is less than one -half mile away from the property boundary and connection to the system is both technically possible and permissible by the City or authorized provider of the centralized wastewater services the subdivider shall be required to install a public wastewater collection system and'shall bear the cost of connecting the subdivision to such existing wastewater collection system. 2. Where an approved public wastewater collection main or outfall line is more than one -half mile away from the property boundary, and where the extension of a sanitary sewer collection main or outfall lines is scheduled in the City's Capital Improvements Plan to be completed to a point within one -half mile away from the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system and shall bear the cost of connecting the subdivision to such existing wastewater collection system. 3. Where an approved public wastewater collection main or outfall line is more than one- half mile away from the property boundary, and where the extension of a sanitary sewer collection main or outfall lines is not scheduled in the City's Capital Improvements Plan to be completed to a point within one -half mile away from the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider may install On -Site Sanitary Sewer Facilities to serve each lot. 4. Under extraordinary circumstances (e.g., topography), the City may allow a subdivider to attempt to demonstrate that the installation of a public wastewater collection system is, on a per unit, cost - benefit basis, not technically feasible and cost prohibitive as compared to an On -Site Sewer System (Septic System) and an On -Site Sewer Facility (Septic System) should service the property(ies), rather than a public wastewater collection system. The Georgetown Utility System Advisory Board shall consider the subdivider's analysis and make a recommendation with regard to same for final determination by the City Council. B. General Sanitary Sewer System Design 1. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis. 20 The design and construction of a all sanitary sewer systems, whether consisting of an On -Site Sewer Facility (Septic System) or connection to an approved wastewater collection system, shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality and any entity or agency having jurisdiction, and with the City's design and construction standards . 3. For new subdivisions required to connect to a public wastewater collection system and whose intensity level is greater than one (1) lot per acre, the public wastewater collection system must be designed to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations. 4. For new subdivisions required to connect to a public wastewater collection system and whose intensity level is less than one (1) lot per acre, the public sanitary sewer system may be designed to operate using low pressure, vacuum, or gravity flow systems by taking advantage of natural topographic conditions and minimizing the need for lift stations. 5. The main size for wastewater improvements shall be a minimum diameter of 8 inches. Section 16.o5 Definitions We li Rural Residential Subdivision: A subdivision within the City Limits that is designated as having either an AG (Agriculture) or RE (Residential Estate) zoning classification or a subdivision in the extraterritorial jurisdiction of the City, that is used or platted for single- family residential development OROO o(OO l j