Ord 1365 05/24/2022 CofO Append A Art 20 _. : or C/�
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TEXAS
"City of Choice"
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF -ORDINANCES OF THE
CITY OF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT
.CODE, . ARTICLE 20 TO ADOPT SUBDIVISION REGULATIONS
RELATING ,TO TEMPORARY DOMESTIC WASTEWATER SYSTEMS;
DECLARING A- PUBLIC PURPOSE; INCORPORATING- RECITALS;
PROVIDING A REPEALER AND SAVINGS CLAUSE; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, current state laws and state regulations allow "pump-and-haul'.' services:and allow
the state issuance of permits for same;
WHEREAS, the current regulations on "pump-and-haul" method is without clear guidance on
the allowable duration of such a.temporary process, necessary safeguards in the event the .
permanent facilities are not installed, adequate warnings to potential homebuyers of temporary
nature of such a fundamental utility, or safeguards against the termination or insolvency of
parties providing the storage.or transportation;
WHEREAS,. the pumping and hauling of septic sludge elevates the potential for spillage of
untreated .wastewater due to the increased number of times that this wastewater is .handled as
well as possible equipment malfunctions, potentially affecting local ground and surface water
resources along with local flora and fauna; and
WHEREAS, temporary holding tanks and pumping,equipment used in,pump-and-haul methods,
and equipment and facilities appurtenant thereto, are critical components for utility connections,
as they are the means and methods by which a particular development physically connects to the
utility provider prior to transportation of the wastewater to a treatment facility; and
WHEREAS,,the City Council has determined that local prohibition of pump-and-haul services
within the City and its extraterritorial jurisdiction ("ETJ") is necessary to promote the health,
safety, or general welfare of local residents and the safe, orderly, and healthful development of
the City; and
WHEREAS, the City Council hasdetermined that adequate sanitary sewer facilities cannot be
met by pump-and-haul services and landowners and developer within'the City Limits and ETJ
have adequate alternatives to provide such.sanitary service such as'on-site sewage facilities, or
merely postponing construction until such time as the construction of physical lines necessary for
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AMENDING THE UDC TO REGULATE TEMPORARY WASTEWATER SYSTEMS
7362/8#285705.1
transportation and- sewage from the point of generation to the treatment facility can be
completed; and
WHEREAS, Texas Local Government Code 212.003(a)(5) allows the City regulate the size,'
type and minimum standards for wastewater facilities in the ETJ,-as the City is not located in a
county with a population of 2.8 million or more, nor does this Ordinance affect on-site-septic
systems; and
WHEREAS, two public-hearings were held to discuss the UDC amendments described herein;
with the first public hearing. being conducted by the Planning & Zoning Commission. on:
Wednesday, May 11, 2022 at 6:30 p.m., in the Cibolo City Hall andthe second public hearing
being conducted by City Council on Tuesday, May 24, 2022 at 6:30;pm., in the Cibolo City
Hall; each being conducted for the purpose of providing all.iliterested.persons.the opportunity to
be heard concerning the proposed UDC amendments described herein; and
WHEREAS, legal notice notifying the public of both public 1earings on-the property proposed
to be rezoned, was.posted on the City's official website.and,published in.the Seguin Gazette; a
newspaper'of general circulation in the City of Cibolo, on Sunday.April 24, 2022; and:
WHEREAS; on Wednesday,.May 11, 2022, the Planning and Zoning Commission, after due.
consideration of this ordinance, recommended that the City Council approve the. proposed
amendments to the UDC; and
WHEREAS, the City Council finds that the proposed amendments to the UDC are consistent
with the City's Comprehensive Master Plan and shall not interfere with any existing use of any
property in the.City or the City's extraterritorial jurisdiction; and
NOW THEREFORE, the.Cibolo .City Council has considered the effect of these amendments
and has determined them to be appropriate, necessary and in the.'public interest;
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF.CIBOLO,
TEXAS:
SECTION 1. ADDITION OF SECTION 20.3.20 TO UDC - From and after the effective
date, Section 20.3 — General Platting and Development Procedures, Article 20 Subdivision
Regulations, of the City's Unified Development Code, shall.be amended to add a Subsection
20.3.20 Temporary,Domestic Wastewater Systems, and shall hereinafter read as follows:
Section 20.3.20 Temporary Domestic Wastewater Systems Prohibited.
a. Scope and Applicability. This Section establishes rules that appl two any temporM
system constructed for the purpose of collecting, disposing of, and/or treating domestic
wastewater within the City or its extraterritorial jurisdiction, .including a "pump-and-
haul" operation that.serves lots used primarily for residential purposes. For the purpose
of this section a "pump-and-Haul" operation shall mean a temporary and/orpermanent
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sanitary sewer system which transports domestic wastewater by holding.and/or storing
the wastewater and pumping it into over-the-road vehicles for transportation to the waste
water:treatment facility in lieu of, or in combination with, continuously connected piping
from the waste water generation site to.the treatment facility. This section does not apply
to a.wastewater system that processes fewer than 5,000 gallons of domestic wastewater
each day, or which otherwise qualifies as an on-site sewer system ("OSSF") that is
subject to permitting authority of the county, grease traps, or portable toilets. The rules
Provided in this section shall be considered cumulative of and in addition to any other
applicable requirements established by any other provision of the UDC-or other law.
b. Prohibited, Except for Emergency Authorization. A temporary :wastewater system,
including a pump-and-haul operation, shall not be permitted to operate within the cityoor
its .extraterritorial jurisdiction except in case of ari unforeseen damage to or failure of
existing sanitary sewer facilities or equipment constituting an emergency that.
necessitates the use of a temporary wastewater system to avoid or mitigate an imminent
threat to public health, safety, or welfare, including any emergency condition.or event
that may result in destruction of property, serious,bodily injury, or death. In case of such
emergency, the City Manager or his/her designee shall have sole discretion to issue
written authorization(s) for the limited use of a temporary wastewater system, including .
a pump-and-haul operation, by the City and/or any third-party until the emergency no
longer poses an imminent threat to persons, property; or the health, safety or welfare of
the public. Such emergency authorization(s) shall be limited in scope and duration, as
determined by the City Engineer to be necessary and appropriate given the nature of the
emergency,
c. Penalty. A person or entity that owns or operates a temporary wastewater system within
the City, except in accordance with an emergency authorization issued by the City
Engineer, shall be punished by a fine of $2,000.00 for each day that the temporary
wastewater system remains in operation. For violations or threatened violations
occurring. within the Cm's extraterritorial jurisdiction, the City may seek appropriate
iniunctive relief to enforce this section.
NOTE:All remaining section of UDC shall remain unchanged.
SECTION_2. PUBLIC PURPOSE. The City Council finds that the amendments to.the UDC
are in_the public interest and are necessary to promote the. health, safety and welfare of the
public.
SECTION 3. INCORPORATING RECITALS. The City Council approves the recitals hereto
and incorporates them herein as findings of fact.
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SECTION 4. REPEALING ORDINANCES IN CONFLICT AND SAVINGS CLAUSE.
All ordinances or parts of ordinances in conflict herewith are. hereby repealed to the extent of
such conflict-with all remaining portions not conflicting being saved from repeal herein.-
SECTION 5. SEVERABILITY.. If any section, subsection, sentence, clause or.phrase of this
ordinance is for any reason held:to be unconstitutional or illegal, such decision shall not affect
the validity of the remaining sections of this ordinance. The City Council hereby declares that it
would .have passed this ordinance, and each section, subsection, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
be declared void.
SECTION 6. EFFECTIVE DATE. The Ordinance .shall become effective following
publication as:required by law.
ORDERED this day of I ` 2022.
By:
STOSH BJW17LE _
Mayor
ATTEST:
PEGGY CIMICS,TRMC
City Secretary
APPROVED AS TO FORM:
DTRG, City Attorney
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