Article II — NEW SYSTEMS ON NEW PARCELS

A.

When designing new parcels, the establishment and use of advanced treatment systems and community wastewater systems may be approved by the on-site sanitary official.

B.

The on-site sanitary official and the state regional water quality control board are authorized to formulate guidelines for advanced treatment systems and community wastewater systems. Advanced treatment systems and community wastewater systems shall be located, designed and installed under the direction of a registered civil engineer, registered engineering geologist or registered environmental health specialist and so certified in a manner acceptable to the on-site sanitary official.

C.

When designing new parcels that will not be using a community wastewater system, the minimum required net lot areas shall be sized according to Table 13.04.110 of this section. "Net lot area" means that portion of a parcel not including the following areas:

Private and public easements for access or roadway purposes;

Areas within the minimum separation distances shown in Table 13.04.120 of this section except required setbacks for buildings and streets;

Areas with a slope in excess of thirty (30) percent;

Areas where the percolation rate is in excess of one hundred twenty (120) minutes per inch or thirty (30) minutes per inch where pavement is proposed;

Areas with less than seven (7) feet of soil above impervious stratum or winter groundwater, unless alternative or advanced treatment sewage disposal systems are approved by the on-site sanitary official;

Easements dedicated or reserved for sewage disposal purposes shall be established in a document recorded in the recorder's office of the county. Such recorded documents shall apply only to repairs and to existing lots of record on the effective date of the regulations codified in this chapter.

D.

Each new parcel not served by a community wastewater system shall provide the minimum net lot area for sewage disposal found in Table 13.04.110 of this section. Areas shown in Table 13.04.110, up to and including two (2) acres, are net lot areas for sewage disposal, as defined in Section 13.04.020. Areas in Table 13.04.110 in excess of two (2) acres are minimum gross parcel sizes; provided, however, that such gross parcels contain not less than two (2) acres of net lot area as defined in subsection C of this section.

E.

Each new parcel to be served by a community wastewater system shall be sized using gross acreage criteria as established in Section 6.2.4 of the Town of Paradise Manual for the Onsite Treatment of Wastewater. Gross acreage sizing includes all parcels that are participant with the community wastewater system. Owners of parcels served by a community wastewater system shall enter into an agreement with each other or the operator of the system which shall be in a form approved by the town. The agreement shall set forth the rights and obligations concerning the establishment, operation and maintenance of the community wastewater system.

F.

Required net lot areas shall be based on a wastewater generation rate of three hundred (300) gallons per day ("gpd"). When designing land divisions of real property that entail existing land uses, minimum required net lot areas as set forth in Table 13.04.110 of this chapter shall be adjusted proportionately using the following wastewater generation rates:

Type of Development Wastewater Generation Rate (each living unit) (gallons per day)

One bedroom 150

Two bedroom 225

Three bedroom 300

Each additional bedroom, 75 add

Commercial, industrial, Wastewater generation rate to be determined by the on-site sanitary official institutional based on water use records or published waste-water generation data. (In UPC, EPA Manual or Manual of Septic Tank Practices.)

G.

An "impervious stratum" is a layer or lens of fine-grained soil, rock, cemented material or similar soil structure in which the percolation rate exceeds one hundred twenty (120) minutes per inch or in which twelve (12) inches of water depth will not seep completely away in a twenty-four-hour period.

H.

Areas with less than two (2) feet of soil, slopes in excess of thirty (30) percent, or percolation values in excess of one hundred twenty (120) minutes per inch are deemed unsuitable for meeting net lot area requirements.

I.

In addition to the other requirements of these standards, sewage disposal areas must be of such a configuration that it is practicable to use them based upon standard practices for the installation of on-site wastewater treatment and disposal systems.

J.

Net lot area necessary to accommodate the sewage flow from a private or multifamily residence(s) shall be based upon the number of bedrooms or other potential sleeping quarters in the residence, and upon the average percolation rate in the proposed sewage disposal area.

TABLE 13.04.110

MINIMUM NET LOT AREAS BASED ON WASTEWATER GENERATION RATE OF 300 GALLONS PER DAY

Slope Perc Value Average Soil Depth in Feet Above Winter Groundwater or Impervious Stratum (min./in.) Conventional Systems Advanced Treatment Systems

7 or Greater 7 to 6 6 to 5 5 to 4 4 to 3 3 to 2 (sq. ft.) (sq. ft.) (sq. ft.) (sq. ft.) (sq. ft.) (acres)

0 to 10% 0—10 14,520 20,520 25,520 35,520 80,860 5

11—20 16,520 22,520 27,520 37,520 82,860 5

21—40 18,520 24,520 29,520 39,520 84,860 5

41—60 20,520 24,520 31,520 41,520 86,860 5

61—80 31,520 34,520 41,520 51,520 2.00 ac. 5

81—100 41,520 44,520 51,520 61,520 2.25 ac. 5

101—120 61,520 64,520 71,520 81,520 2.75 ac. 5

Over 10% 0—10 16,520 30,520 38,520 53,520 2.25 ac. 5

11—20 18,520 32,520 40,520 55,520 2.50 ac. 5

to 20% 21—40 20,520 34,520 42,520 57,520 2.50 ac. 5

41—60 27,520 36,520 44,520 59,520 2.75 ac. 5

61—80 39,520 46,520 54,520 69,520 2.75 ac. 5

81—100 49,520 56,520 64,520 79,520 3.00 ac. 5

101—120 69,520 76,520 84,520 99,520 3.50 ac. 5

Over 20% 0—10 20,520 40,520 50,520 74,080 3.50 ac. 10

11—20 22,520 42,520 52,520 76,080 3.50 ac. 10

to 30% 21—40 24,520 44,520 54,520 78,080 3.75 ac. 10

41—60 26,520 46,520 56,520 80,080 3.75 ac. 10

61—80 46,520 56,520 66,520 90,080 4.00 ac. 10

81—100 56,520 66,520 76,520 100,080 4.25 ac. 10

101—120 76,520 86,520 2.25 ac. 2.75 ac. 4.75 ac. 10

(Ord. No. 559, § 5, 3-8-2016; Ord. No. 512, § 3, 2-8-2011; Ord. No. 429, § 4, 11-9-2004; Ord. 228 §3(part), 1993; Ord. 219 §2(part), 1992)

The sizing of sewage disposal system is related in the provisions as set forth in Section 13.04.110, including Table 13.04.110 to the number of bedrooms in a residential use.

A.

For purposes of uniform application of sanitation requirements, a "bedroom" shall be defined as any of the following:

Any room proposed as a bedroom and meeting Uniform Building Code (UBC) standards;

Any room enclosed on all sides, except for doorways, that is large enough to be legally used for sleeping purposes; and

a.

Subject room is open to a hall off of which is a bath, or

b.

The room is open to a bath (private or shared);

A loft with or without an adjoining bathroom:

a.

For the purpose of application, a "loft" is defined as the uppermost floor area enclosed on three sides and suitable for human habitation.

B.

A room shall not be defined as a "bedroom" for any of the following:

Any room that has sufficient improvements or plumbing such that render the room impractical for use as a bedroom. This would include bathrooms, kitchens, laundry rooms, etc.;

Any room with an opening four feet wide or larger but without a solid door which opens onto the main entry way or a main activity area. Typically such a room includes a den, library or special use room;

When determining whether or not a particular room is a "bedroom," the on-site sanitary official, and the town manager on appeal, may take into consideration the following features which, in various combinations (generally having only one feature does not preclude use as a bedroom), may make it unlikely that a room will be used as a bedroom:

a.

Use of a half wall or railing along at least one side of the room,

b.

A conversation pit which encumbers the floor area,

c.

Presence of a fuel-burning water heater or fireplace in a room designated as the family room, game room or recreation room,

d.

Located in a main activity area of the dwelling,

e.

Wet bar in family, game or recreation room,

f.

Built-in bookcases, file cabinets, desk, etc.

C.

Additionally, the following overall house size (gross floor area excepting garage space) shall apply to the design of sanitation systems:

a.

Floor area greater than one thousand five hundred square feet but less than two thousand two hundred one square feet shall have the sanitation system designed for a minimum two-bedroom equivalent.

b.

Floor area greater than two thousand two hundred square feet, but less than two thousand nine hundred one square feet shall have the sanitation system designed for a minimum three-bedroom equivalent.

c.

Floor area greater than two thousand nine hundred square feet shall have the sanitation system designed for a minimum four-bedroom equivalent.

Square footage requirements are a minimum. Actual identified bedrooms shall be counted to determine system design if yielding more than the minimum requirements.

D.

Determination of bedrooms and sewage disposal system size shall be made by the on-site sanitary official. In the event of a dispute on the number of bedrooms determined for a specific project, the applicant may appeal the determination to the town manager. Appeals should be in writing, stating the facts and point of dispute. The town manager will issue a written resolution of the dispute.

(Ord. No. 559, § 6, 3-8-2016; Ord. 228 §3(part), 1993; Ord. 219 §2(part), 1992)

A.

Buildings Separately Owned. No permit shall be issued for a sewage disposal system where the buildings it is to serve are under different ownership, nor for buildings proposed to go under separate ownership. When the development is to utilize a sewage disposal system(s) under common ownership, and an association of property owners is formed, and which is responsible for maintenance and repair of the sewage disposal system(s) according to the written articles of the association, then the on-site sanitary official may grant an exception to this section.

B.

The location and placement of sewage disposal systems shall be established in accordance with the current approved version of the Town of Paradise Manual for the Onsite Treatment of Wastewater, Chapter 3, Table 3.1, Required Setbacks.

(Ord. No. 522, § 1, 9-6-2011; Ord. No. 429, § 5, 11-9-2004; Ord. No. 380, § 1, 2002; Ord. 343, § 6, 2000; Ord. 219, § 2(part), 1992)