Town of Zolfo Springs, FL
Hardee County
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Table of Contents
Table of Contents
It shall be the Town's policy to require connections to the Town's utility system whenever such connection is, in the opinion of the Town Council, either economically feasible or necessary to protect and preserve the public safety, health or welfare or to comply with the requirements of Town financing instruments, such as grants, loans or bonds. The following requirements are intended to comply with that policy.
It shall be unlawful:
A. 
For any person to place, deposit or permit to be deposited on public or private property within the Town, or in any area under the jurisdiction of the Town, any human or animal excrement or garbage. It is also unlawful for any person to deposit or permit to be deposited other domestic or industrial waste except through compliance with this chapter.
[Amended 4-19-2010 by Ord. No. 2010-06]
B. 
To discharge to any natural outlet within the Town, or to the Town sanitary or stormwater sewer system, any stormwater, wastewater or pollutant, except where appropriate service requests have been made and such service is approved by the Town.
C. 
To construct or maintain any privy, privy vault, septic tanks, cesspool or other facility intended for the disposal of wastewater, except as provided herein.
[Amended 7-20-2009 by Ord. No. 2009-01]
A. 
Mandatory residential water connections. Any new residential improvement or development located on any parcel of land within the Town's limits or within the Town's water service area shall be required to connect to the Town's water system at the time of development, if such service is reasonably available to such parcel. Water service shall be deemed and defined as being reasonably available to the development when:
(1) 
A waterline of sufficient size is within any public right-of-way, easement, or Town property that abuts the front, rear, or side property lines of the new or existing single-family home or mobile home of any size or type, so long as the potential applicant need not cross a state road to obtain connection to the line; unless the Town is willing to pay the additional expenses; or
(2) 
For a development/improvement required to cross a state road to obtain connection, or with flows exceeding the flow from more than one standard single-family house (more than one "ERC") but less than four ERCs, the water service shall be considered to be reasonably available if a waterline of sufficient size or treatment plant exists through access by public easements, or rights-of-way and is within 1,500 feet of the development/improvement; unless the Town is willing to pay the additional expenses; or
(3) 
For a development/improvement with flows of at least four ERCs but not more than 20 ERCs, water shall be considered to be reasonably available if a waterline of sufficient size or treatment plant exists through access by public easements, or rights-of-way and is within 1/2 mile (2,640 feet) of the development/improvement; unless the Town is willing to pay the additional expenses; or
(4) 
For a development/improvement with flows of at least 20 ERCs but not more than 50 ERCs, water shall be considered to be reasonably available if a waterline of sufficient size or treatment plant exists through access by public easements, or rights-of-way and is within one mile (5,280 feet) of the development/improvement; unless the Town is willing to pay the additional expenses; or
(5) 
For a development/improvement with flows exceeding the flow from fifty (50) ERCs, water service shall be considered to be reasonably available if the Town is not under water moratorium.
B. 
Mandatory residential sewer connections or commercial connections with domestic wastewater flows. Any new improvement or development either residential in nature, or commercial improvement or development with residential (domestic) sewer flows as defined by Florida Department of Health Rule 64E-6.002(15), F.A.C (as amended or transferred from time to time), located on any parcel of land within the Town's limits or within the Town's sewer service area, shall be required to connect to the Town's sewer system at the time of development, if such service is reasonably available to such parcel. Sewer service shall be deemed and defined as being reasonably available to the development when:
(1) 
A gravity sewer line of sufficient size is within any public right-of-way, easement, or Town property that abuts the front, rear, or side property lines of the new or existing single-family home or mobile home of any size or type, so long as the potential applicant need not cross a state road to obtain connection to the line; unless the Town is willing to pay the additional expenses; or
(2) 
For a development/improvement required to cross a state road to obtain connection, or with flows exceeding the flow from more than one standard single-family house (more than one "ERC") but less than 10 ERCs, the sewer service shall be considered to be reasonably available if a gravity sewer line of sufficient size or treatment plant exists through access by public easements, or rights-of-way and is within 1,500 feet of the development/improvement; unless the Town is willing to pay the additional expenses; or
(3) 
For a development/improvement with flows of at least 10 ERCs but not more than 20 ERCs, sewer shall be considered to be reasonably available if a sewer line, force main, lift station or treatment plant exists through access by public easements, or rights-of-way and is within 1/2 mile (2,640 feet) of the development/improvement; unless the Town is willing to pay the additional expenses; or
(4) 
For a development/improvement with flows of at least 20 ERCs but not more than 50 ERCs, sewer shall be considered to be reasonably available if a sewer line, force main, lift station or treatment plant exists through access by public easements, or rights-of-way and is within one mile (5,280 feet) of the development/improvement; unless the Town is willing to pay the additional expenses; or
(5) 
For a development/improvement with flows exceeding the flow from 50 ERCs, sewer service shall be considered to be reasonably available if the Town is not under sewer moratorium.
C. 
Mandatory nondomestic commercial or industrial water connections. Any new nondomestic commercial or industrial improvement/development located on any parcel of land within the Town's limits or within the Town's water service area, shall be required to connect to the Town's water system at the time of development, if such service is reasonably available to such parcel. Water service shall be deemed and defined as being reasonably available to the development when:
(1) 
For a development/improvement with flows of up to 20 ERCs, water shall be considered to be reasonably available if a waterline of sufficient size or treatment plant exists through access by public easements, or rights-of-way and is within 1/2 mile (2,640 feet) of the development/improvement; unless the Town is willing to pay the additional expenses; or
(2) 
For a development/improvement with flows of at least 20 ERCs but not more than 50 ERCs, water shall be considered to be reasonably available if a waterline of sufficient size or treatment plant exists through access by public easements, or rights-of-way and is within one mile (5,280 feet) of the development/improvement; unless the Town is willing to pay the additional expenses; or
(3) 
For a development/improvement with flows exceeding the flow from 50 ERCs, water service shall be considered to be reasonably available if the Town is not under water moratorium.
D. 
Mandatory nondomestic commercial or industrial sewer connections. Any new nondomestic commercial or industrial improvement/development located on any parcel of land within the Town's limits or within the Town's sewer service area, shall be required to connect to the Town's sewer system at the time of development, if such service is reasonably available to such parcel. Sewer service shall be deemed and defined as being reasonably available to the development when:
(1) 
For a development/improvement with flows of up to 20 ERCs, water shall be considered to be reasonably available if a sewer line of sufficient size or treatment plant exists through access by public easements, or rights-of-way and is within one mile (5,280 feet) of the development/improvement; unless the Town is willing to pay the additional expenses; or
(2) 
For a development/improvement with flows exceeding the flow of 20 ERCs, sewer service shall be considered to be reasonably available if the Town is not under sewer moratorium.
E. 
Land shall not be developed in an incremental fashion in order to avoid the provisions of this section. If development of a group of lots under common ownership; or of development of a parent parcel would trigger a threshold given in this section, and a portion of the group or parent parcel is developed without triggering this threshold, then upon development of any portion of the remaining parcel which, when taken together with any previous development of the parent parcel, would trigger a threshold, the threshold will be applied to the entire parcel (i.e., the entire development will be required to connect to the utility system).
F. 
Appeal. In the event that an owner or potential applicant believes that the provisions of this section are being unfairly or improperly applied by Town staff, that person or entity may appeal such decisions to the Town Commission. Any appeals from a decision of the Town Commission shall be made not more than 30 days from such decision, and made in accordance with state law.
G. 
If a new development/improvement of two or more lots qualifies for exception from mandatory connection to the Town sewer system through any of the above subsections, the developer shall record with the deed of each lot at the Hardee County Clerk's office, a statement approved by the Town Manager stating the distance of lots from the connection point, the manner of exception, and the Town's predicted date of construction project(s), if any, that would require mandatory connection of that lot to the Town's central water and/or sewer systems.
H. 
The Town Commission may grant a payment plan option under terms deemed reasonable by the Commission, for treatment plant impact fees required to be paid by a development/improvement of 10 or less ERCs when mandatory connection is required after a finding by the Commission that the owner(s) of the development/improvement are unreasonably burdened by such impact fee payments. The cost of extending utility facilities shall not be excused.
I. 
Regardless of the distance from the property line or the flows from or required to a new development/improvement or a potential applicant with existing on-site facilities, in the event that the Town determines that the new development/improvement or potential new applicant is exempted from mandatory connection by the provisions herein, however, the Town is willing to pay the differential costs between the actual cost which would be incurred by the new development/improvement or potential new applicant installing proper water and/or sewer facilities the distance in the exemption provisions above, and the cost of extending such facilities beyond those mandatory distances (or lift station, or under a state road, if exempted therefrom) to the connection point in the Town utility system, then the developer shall be required to pay its costs to extend utility facilities in the manner provided in the exemption subsection (without lift station or without push under state road), or to that exemption distance.
J. 
The Town Commission may otherwise excuse a new development/improvement or potential new applicant that is not exempted above, after application for such review, if the Commission determines that the application of the mandatory connection provisions herein would be so injurious to the new development/improvement or potential new applicant, that application of such mandatory connection provision without financial assistance by the Town, would be arbitrary and capricious.
A. 
Where after receiving and reviewing a proper application for service the Town determines that a public sewer is not available as provided in § 275-30 above, the building sewer shall be allowed to connect to a private on-site wastewater disposal system serving only that building or project and complying with the provisions of Town, state and federal law.
[Amended 8-18-2008 by Ord. No. 2008-03; 7-20-2009 by Ord. No. 2009-01]
B. 
Before commencement of construction of a private on-site wastewater disposal system, the owner shall first obtain a written permit approved by the Commission and signed by the Town Mayor. The application for such permit shall be made on a form furnished by the Town, which the applicant shall supplement by any plans, specifications and other information as deemed necessary by the Town. A permit and inspection fee shall be paid to the Town at the time the application is filed.
[Amended 7-20-2009 by Ord. No. 2009-01]
C. 
The type, capacities, location and layout of a private wastewater disposal system shall comply with all rules and regulations of the Hardee County Health Department, the Florida State Department of Health and Rehabilitative Services, or other regulatory agency as applicable. No septic tank or cesspool shall be permitted to discharge to any natural outlet or seep above the surface of the ground.
D. 
At such time as a public sewer becomes available to a property served by a private on-site wastewater disposal system as provided by the mandatory connection provisions contained herein, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be abandoned and filled with suitable material.
E. 
The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Town.
[Amended 7-20-2009 by Ord. No. 2009-01]
For existing structures of any kind falling within the mandatory connection requirements in this section, connection shall be required for water within 90 days, and for sewer services 180 days, from the date notice by the Town that such utility service is made available, and cease using any private water supply or sewer disposal method. The Town may record the notice of the mandatory connection requirement to notify future buyers of the obligation.
Code enforcement under the Town's Code Enforcement Ordinance[1] or any other lawful means, including injunction, may commence upon the property owner's failure to timely apply for service. Notice of the obligation to connect shall be separate from notice under the Code Enforcement Ordinance and shall be delivered in the same manner as code enforcement citations.
[1]
Editor's Note: See Ch. 8, Code Enforcement.