Lancaster Municipal Code Art. 1 Sewer Construction Permit

The ordinance codified in this chapter is necessary to protect public health and safety, and to prevent endangerment of public and private property.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

It is the policy of the city of Lancaster that all new buildings, constructed for human occupancy, be connected to a public sewer. That all such sewers shall be designed and constructed according to the provisions of this Chapter 13.08 and Title 15 of the Municipal Code of the city of Lancaster. All sanitary sewers including pumping stations, constructed and dedicated for public use shall be operated and maintained by the city of Lancaster and the benefitting property owner shall bear the cost thereof as provided in Chapter 13.09.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

The definitions in this chapter shall be the same as those included in Section 13.07.010 and govern the construction of this chapter unless separately defined in this chapter or apparent from the context.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A. No person other than the person specifically excepted by this chapter shall commence, do or cause to be done, construct or cause to be constructed, use or cause to be used, alter or cause to be altered any public sewer, main-line sewer, house lateral, sewage pumping plant, or other similar appurtenance in the city of Lancaster without first obtaining a sewer construction permit from the director.

B. A sewer construction permit issued by the director shall expire one year from the date of issuance, except when the plans were approved in accordance with an agreement either with another governmental agency, or for a subdivision as required by the Subdivision Ordinance set out at Title 16 of this code, or reimbursement in accordance with Section 13.07.280, the permit shall be valid for the period specified in the agreement.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

The provisions of this article requiring permits shall not apply to contractors constructing public sewers and appurtenances under contracts awarded by the council and entered into under proceedings had or taken pursuant to any of the special procedure statutes of this state providing for the construction of sewers and the assessing of the expense thereof against the lands benefited thereby, or under contracts between the contractor and council.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A. Any person requiring a sewer construction permit shall make written application to the director.

B. The director shall provide printed application forms for the permits provided for by this chapter, indicating thereon the information to be furnished by the applicant. The director may require, in addition to the information furnished by the printed form, any additional information from the applicant which will enable the director to determine that the proposed work or use complies with the provisions of this chapter.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

No sewer construction permit shall be issued until the director has checked and approved the plans in accordance with Section 13.08.215 and the other applicable provisions of this code.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A. When, in the opinion of the director, it is necessary to connect a house lateral to a public sewer at a point where no connection facility has been provided, application for a city encroachment permit shall be submitted and a fee shall be paid by the applicant before the permit is issued for the construction and inspection of the house lateral.

B. Tapping of the public sewer as required on sewer plans approved by the director shall be constructed by a licensed contractor under inspection of the director.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Before granting any permit for the construction, installation, repair or removal of any sewer, or appurtenances thereto, which will necessitate any excavation or fill, in, upon or under any public street, highway or right-of-way under the jurisdiction of another public agency, the director shall require the applicant to first obtain a permit from the agency having jurisdiction.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Before granting a permit for the construction of any sewage pumping plant the director shall check and approve the plans or required modification thereof as to their compliance with city, county, state and other governmental laws or ordinances, and shall require that the facilities be adequate in every respect for the use intended.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A. Any person proposing to have sewage discharged from any property to a public sewer in quantities or at a rate greater than the capacity for which the sewer was designed, when proportioned to such property, and which such additional quantity will immediately overload the sewer, shall be denied a permit to connect any facilities to the sewer which will discharge more than the proportionate share allotted to the property. However, if such additional discharge will not immediately but may in the future overload the sewer, a conditional permit to connect to the sewer may be issued after the owner of the property agrees by a covenant satisfactory to the director recorded against the land to construct or to share in the cost of construction of additional sewer capacity at such future time as the director determines that an overload situation exists or is imminent.

B. The owner of the property shall supply a faithful performance bond guaranteeing compliance with the terms of the covenant, in a penal sum which, in the opinion of the director, equals the future cost of construction of sewer facilities to carry such additional discharge.

C. The faithful performance bond shall be kept in full force and effect until such additional discharge is discontinued or until such additional sewer facilities are completed, and this obligation shall pass to succeeding owners of the property.

D. If any owner fails to supply and keep in effect the required faithful performance bond or fails to comply with the terms of the covenant, the conditional permit allowing such additional discharge may be revoked, and the continuing of such additional discharge thereafter will constitute a violation of this chapter.

E. The provisions of this chapter shall also apply to any property previously connected to a public sewer, the discharge from which is later proposed to be increased or is found to have been increased substantially beyond the proportionate share of public sewer capacity allotted to the property.

F. Any property from subsection E above discharging more than that permitted may be charged an additional charge to cover the cost of maintenance. Such additional charge shall not exceed that sewer service charge per Chapter 13.09 based on the specific use of the property.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Permits issued under this chapter are not transferable from one person to another person or from one location to another location.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)