ORDINANCE NO.  7743

                        AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS

                        ENACTING SECTION 19-214 OF THE CODE OF THE CITY

                        OF LAWRENCE, KANSAS ESTABLISHING REQUIREMENTS

                        FOR PUBLIC SANITARY SEWER MAINS AND PRIVATE

                        SANITARY SEWER LINES

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.     Section 19-214 of the Code of the City of Lawrence, Kansas is hereby enacted to read as follows:

19-214 LOCATION REQUIREMENTS FOR PUBLIC SANITARY SEWER MAINS AND PRIVATE SANITARY SEWER LINES

a) As a condition of City sanitary sewer service, after March 1, 2004 each lot created by the laws of the City or the City’s subdivision regulations, including lot splits, shall have direct access to the City sanitary sewer main in City public right-of-way or City public utility easement.  Such access shall not cross property ownership lines unless the access is in adjacent City public right-of-way or adjacent City public utility easement.  A sanitary sewer main shall extend into a platted lot or an adjacent City public utility easement or an adjacent City public right-of-way a minimum of ten (10) feet.

b) A private sanitary sewer service line shall not cross any public right-of-way or drainage easement.  A private sanitary sewer service line shall not be located in a City public utility easement or City public right-of-way for a length of greater than fifteen (15) feet.

c) A private sanitary sewer service line shall only serve one residential dwelling unit or a single commercial or industrial establishment.  Each dwelling unit that requires a separate water meter per unit pursuant to Chapter 19, Article 1 of the City Code shall also require a separate private sanitary sewer service line that directly connects to the City sanitary sewer main.  Duplexes are considered two distinct residential dwelling units and thus require two separate private sanitary sewer service lines that both directly connect to the City’s main.  An additional  residential sanitary sewer connection (i.e. for a swimming pool, etc.) may be allowed with approval of the City Engineer, provided that such additional connection shall be assessed an additional sewer tap fee and system development charge.

d) A single private sanitary sewer service line can serve a multiple living unit served by a single water meter, pursuant to Chapter 19, article 3 of the City Code, if written approval is obtained from the City Engineer prior to application for a building permit.  Additionally, multiple living units served by separate water meters can be served by a single private sanitary sewer service line if written approval is obtained from the City Engineer prior to application for a building permit.   For purposes of this ordinance, a multiple living unit is defined as a building with three (3) or more separate residences contained therein. 

e) The provisions of this Section 19-214 may be waived by the City Commission

upon a finding that the requirements of this Section create a hardship on the property owner or that the characteristics of the property are unique in comparison of other properties in the general area.

Section 2.    This ordinance shall take effect and be in force from and after its adoption and publication as provided by law.

ADOPTED by the governing body this _________ day of ________________, 2003.

PASSED:

                                                            _____________________________

                                                            David M. Dunfield, Mayor

ATTEST:

______________________________

Frank S. Reeb, City Clerk

Approved as to legal form:

_____________________________________

David L. Corliss, Assistant City Manager &

Director of Legal Services