Woodside Municipal Code § 51.122 Failed septic system

(A) On May 23, 1968 the Town established the Redwood Creek Trunk Sewer Assessment District (hereinafter RCS), with sewer capacity established through the Fair Oaks Sewer Maintenance District (hereinafter FOSD) at 150,000 gallons per day.

(B) In 1987 the Town established the Town Center Sewer Assessment District (hereinafter TCAD) with sewer capacity established through Redwood City at 100,000 gallons per day.

(C) The Town has allocated sewer service in the RCS and the TCAD to parcels where the owners were assessed and have paid full assessments.

(D) The Town has an adopted "Master Plan of Proposed Local Sanitary Sewer Facilities in the Redwood Creek Main Trunk Sewer Service Area", dated May 1974 (hereinafter the Master Plan), which requires that sewer service be available to parcels in the RCS for implementation of the Master Plan.

(Ord. 1998-491, effective 7-9-98; Am. Ord. 1999-500, effective 1-13-00; Am. Ord. 2000-501, effective 3-9-00; Am. Ord. 2007-537, effective 5-24-07; Ord. 2022-627, § 1, effective 10-13-22)

In addition to the definitions in Section 51.002, the following definitions shall apply:

Common ownership of a parcel. Shall mean for purposes of this chapter, record title to two or more parcels held in the name of the same person(s) or entity(ies). For purposes of this chapter married persons shall be considered the same person.

Contiguous parcel. One that shares at any point at least one property line with another parcel that is fully annexed as of the effective date of this section, into either the RCS or the TCAD or the FOSD Service Area. A parcel shall also be deemed "contiguous" if it is located across a right-of-way from a parcel that is fully annexed as of the effective date of this section into either the RCS or the TCAD or the FOSD Service Area, where if the right-of-way did not exist, the parcels would share at least one common point.

Developed parcel. A parcel on which there is a structure, the use of which structure requires a residential sewer connection to either the RCS or the TCAD, or the FOSD, or a private sanitary sewer (septic) permit from the Town and the County Department of Environmental Health (hereinafter County Health).

Expanded development. The construction of an addition to a structure or a new structure, on a Developed Parcel that adds at least 100 square feet of living area.

Fair Oaks Sewer District (FOSD). For purposes of this chapter shall mean that special district organized under the jurisdiction of the County of San Mateo known as the Fair Oaks Sewer Maintenance District; the jurisdictional area of the FOSD, in the Town of Woodside shall comprise those parcels in the Town that have been annexed to the FOSD.

Full assessment. An assessment levied against a parcel, or one or more contiguous parcels, at the formation of the Redwood Creek Trunk Sewer Assessment District (RCS) in 1968, or the Town Center Sewer Assessment District (TCAD) in 1987.

New development. The construction of a structure on an Undeveloped Parcel, which requires a residential sewer connection to either the RCS or TCAD, or a private sanitary sewer (septic) permit from the Town and County Health.

Partial assessment. Less than a full assessment levied against a parcel, or one or more contiguous parcels, at the formation of the Redwood Creek Trunk Sewer Assessment District (RCS) on May 23, 1968, or the Town Center Sewer Assessment District (TCAD) in 1987.

The Glens. That area comprising approximately 80 acres within the Town located approximately one-half mile north of Woodside Road, and bounded by Canada Road on the west, I-280 on the east, Neuman Lane on the south, and Arbor Court and Jane Drive on the north, and as described in the Woodside Glens Specific Plan adopted June 1, 1993.

Undeveloped parcel. A parcel on which there is no structure, or there is a structure, the use of which structure does not require a residential sewer connection to either the RCS or TCAD, or a private sanitary sewer (septic) permit from the Town and County Health.

(Ord. 1998-491, effective 7-9-98; Am. Ord. 1999-500, effective 1-13-00; Am. Ord. 2007-537, effective 5-24-07)

A private wastewater disposal system, as provided for in Sections 51.030—51.032 (also hereinafter referred to as "septic systems") which will no longer function in a safe and sanitary manner according to regulations of the Town and County Health shall be considered a failed septic system. The Town Engineer shall find that the existing septic system cannot reasonably be repaired or replaced in a conforming location on the same parcel or a contiguous parcel in common ownership. The septic system's failure shall be determined by the Town Engineer in consultation with County Health, and with Town consultants.

(Ord. 1998-491, effective 7-9-98; Am. Ord. 1999-500, effective 1-13-00)

For the purposes of this chapter, there shall be three sewer service allocation areas established.

(A) Area I — That area comprised of parcels located within the RCS and which are located in the Glens Area.

(B) Area II — That area comprised of parcels located within the RCS, excluding the Glens Area, and parcels located within the TCAD.

(C) Area III — That area comprised of parcels located outside the RCS and outside the TCAD and which are contiguous parcels to either the RCS or the TCAD or the FOSD.

(Ord. 1998-491, effective 7-9-98; Am. Ord. 1999-500, effective 1-13-00; Am. Ord. 2007-537, effective 5-24-07)

(A) A sewer service allocation shall be reserved for any undeveloped parcel which has a paid full assessment in the RCS and which has not yet connected to the RCS.

(B) A sewer service allocation may be approved by the Town Council for new development or expanded development where the owner(s) of contiguous parcels with full or partial assessments either by merger of the parcels as provided under Chapter 152 of the Woodside Municipal Code, or subdivision of the parcels, under the Woodside Municipal Code, creates a parcel, or parcels, each with the equivalent of a full assessment and does not leave any developed parcel with less than a full assessment, provided sewer capacity is available.

(C) Parcels with existing full or partial assessments shall not be allowed to divide such assessments among different parcels and shall not be allowed to transfer the assessment, or the rights, if any, under such an assessment, from the parcel originally assessed in the RCS, and the assessment shall be deemed to run with the land. An exception shall be permitted for parcels that meet the following conditions: (1) the parcels were in common ownership as of the formation date for the RCS (May 23, 1968), (2) the parcels received partial assessments that when added together constitute a full assessment, (3) the parcels were undeveloped at that time of assessment but separated by a developed parcel with a full assessment, all in the same ownership, and (4) the parcels were and are not contiguous and therefore cannot be merged under Section 151.124(B) of the Woodside Municipal Code because they are not contiguous. In these circumstances, the owner(s) shall be permitted to transfer a partial assessment from one such parcel to another such parcel so that one of the parcels will have a full assessment.

(D) No parcel shall be issued a building permit by the Town for new development or expanded development unless a full assessment is or has been acquired for said parcel. A developed parcel that was allowed to connect to the RCS before this section was adopted and which does not have a paid full assessment shall be allowed a building permit for expanded development only if it has paid a connection fee and an equalization fee as set forth in Section 51.128 General Conditions herein. Expanded development which requires additional sewer service capacity shall not be permitted unless unreserved and unallocated sewer service capacity exists.

(E) Owners of developed parcels which are connected to the RCS and which have less than a full assessment across all contiguous parcels that were in common ownership at the time of connection may apply to the Town for a full assessment. The full assessment status shall only be permitted where a connection fee and an equalization fee have been paid under Section 51.128 General Conditions.

(F) Owners of undeveloped parcels with partial assessments and that meet the minimums lot areas set forth in Section 153.205, Lot Area Requirements, may obtain full assessments through approval by the Town Council. The full assessment status for any such parcel shall only be approved where connection fees and equalization fees have been paid under Section 51.128, General Conditions, unreserved and unallocated sewer capacity exists, and no developed parcel is left with less than a full assessment.

(Ord. 1998-491, effective 7-9-98; Am. Ord. 1999-500, effective 1-13-00; Am. Ord. 2000-501, effective 3-9-00; Ord. 2022-627, § 1, effective 10-13-22; Ord. No. 2023-631, § 2, effective 12-28-23)

(A) Sewer service shall be reserved for all parcels for which there is a paid full assessment and which have not yet connected to the RCS or TCAD sewer systems.

(B) Owner(s) of parcels for which there is a paid full assessment shall not be permitted to sell or otherwise transfer the assessment or any rights to sewer service to their parcel except to successors in interest, and the assessment shall be deemed to run with the parcel.

(C) In the case of developed parcels with a paid full assessment and which are presently on septic systems, the owner(s) may continue to remain on the septic system until such time as it becomes a failed septic system, at which time the parcel shall connect to the public sewer system.

(D) Developed parcels presently connected to the public sewer system in either the RCS or the TCAD shall be required to continue to use the said sewer system.

(E) New Development and Expanded Development shall be allowed to use a septic system provided the septic system meets all Town and County Health regulations, provided that expanded development for a parcel on a public sewer shall be required to use only the public sewer.

(F) Owners of developed parcels without a paid full assessment may receive a sewer service allocation subject to Town Council approval, with any conditions imposed and the general conditions required by this chapter, based on findings that: (1) the allocation is consistent with the Town's General Plan and any applicable specific plan, and (2) the sewer service capacity is available.

(Ord. 1998-491, effective 7-9-98; Am. Ord. 1999-500, effective 1-13-00; Am. Ord. 2007-537, effective 5-24-07; Ord. 2022-627, § 1, effective 10-13-22)

(A) Owners of developed parcels may receive a sewer service allocation, subject to Town Council approval, with any conditions imposed, and the general conditions required by this chapter, based on finding that: (1) the Town Engineer has determined that it is a contiguous parcel, as provided in Section 51.122, (2) the allocation is consistent with the Town's General Plan and any applicable specific plan, and (3) sewer service capacity is available.

(Ord. 1998-491, effective 7-9-98; Am. Ord. 1999-500, effective 1-13-00; Am. Ord. 2007-537, effective 5-24-07; Ord. 2022-627, § 1, effective 10-13-22)

(A) Subject to available sewer service capacity, including modification of existing agreements with FOSD and RCS for additional sewer service capacity, the Town Council may designate an area outside and not contiguous to the RCS and the TCAD for expansion of existing public sewer service (expansion area).

(B) The designation of an expansion area shall be consistent with the general plan and any applicable specific plan.

(C) Adequate public sewer service shall be made available to all lots within the expansion area.

(D) Expansion shall not deprive owners with parcels in the RCS and TCAD of existing sewer service capacity allocated for their parcels.

(E) Development of undeveloped parcels within an expansion area shall only be allowed to parcels which fully conform to the minimum lot size requirement of the Town's Zoning Code.

(Ord. 2022-627, § 1, effective 10-13-22)

Editor's Note: Ord. No 2022-627, § 1, effective Oct., 13, 2022, renumbered the former §§ 51.127 and 51.128 as §§ 51.128 and 51.129 and enacted a new § 51.127 as set out herein. The historical notations have been retained with the amended provisions for reference purposes.

All connections to the public sewer system shall require:

(A) Payment of a sewer connection fee as required by ordinance or resolution.

(B) Payment of an equalization fee for parcels which have not had a full assessment paid in either the RCS or the TCAD.

(C) Annexation of the parcel, as appropriate, to either the FOSD (for the RCS and the FOSD) or the TCAD.

(D) Payment of costs for staff and consultant in processing the allocation request and connection to the sewer system, and for determining failure of a septic system.

(E) Payment of costs of extending the sewer main, and of connecting the development on the parcel to the sewer system, including the cost of any sewer lateral from the sewer's trunk system to the parcel.

(F) Payment of any costs required by County Health and/or the FOSD.

(Ord. 1998-491, effective 7-9-98; Am. Ord. 1999-500, effective 1-13-00; Am. Ord. 2007-537, effective 5-24-07; Ord. 2022-627, § 1, effective 10-13-22)

Editor's Note: See editor's note at § 51.127.

The Town Engineer shall, on a biannual basis, review water usage records for parcels in the RCS and TCAD, and shall meter the sewer flow from the RCS and the TCAD and report to the Town Council on the status of sewer service capacity.

(Ord. 1999-500, effective 1-13-00; Ord. 2022-627, § 1, effective 10-13-22)

Editor's Note: See editor's note at § 51.127.