ORDINANCE NO. 9496

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 19, ARTICLE 2, SECTION 19-214, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO SEWER SERVICE, AND REPEALING EXISTING SECTION 19-214.

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

SECTION 1. Chapter 19, Article 2, Section 19-214, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended 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. (Ord. 7743)

(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. (Ord. 7743, Ord. 8747)

(C)       A private sanitary sewer service line shall only serve one residential dwelling unit or a single commercial or industrial premises. Multiple buildings sited on a single lot shall be considered separate premises. 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 Utilities Engineer, provided that such additional connection shall be assessed an additional sewer system development charge. (Ord. 7743, Ord. 8747)

(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. Additionally, multiple living units served by separate water meters can be served by a single private sanitary sewer service line. For purposes of this ordinance, a multiple living unit is defined as a building with three (3) or more separate residences contained therein. (Ord. 7743, Ord. 8747)

(E)       The provisions of this Section 19-214 may be waived by the City Manager if, upon review by the Municipal Services and Operations Department of Utilities staff and the City Manager, it is found 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. Should a waiver request be denied, the applicant may appeal the decision to the City Commission for further consideration. (Ord. 7743, Ord. 8747)

SECTION 2. Existing Chapter 19, Article 2, Section 19-214, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code section.

SECTION 3. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 4. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of _________, 2018.

APPROVED:

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Stuart Boley, Mayor

ATTEST:

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Sherri Riedemann, City Clerk

APPROVED AS TO FORM:                   

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Toni R. Wheeler, City Attorney