§ 8.1.1. Sewage disposal level of service standards.

A.

General. A public central wastewater system is the preferred method of sewage collection and treatment in all zoning districts with a density greater than one dwelling unit per ten acres. Every reasonable effort must be made to provide this method of service.

B.

New development, including rural land plans, must comply with one of the following criteria:

1.

Public central wastewater systems. The development will be served by a sanitation district or municipal sewer system and comply with the following requirements:

a.

The sewer collection and treatment system is designed to comply with the per capita flow requirements in section 1.3.1.C.4 of the "Design Criteria Considered in the Review of Wastewater Treatment Facilities" of the Colorado Department of Public Health and Environment-Water Quality Control Commission; or more stringent standards as may be required by the district or municipality;

b.

The sewage treatment works complies with the applicable Colorado wastewater discharge permit system permit;

c.

Capacity for the collection and treatment works will be available at the time of issuance of a building permit; and

d.

A report detailing compliance with items a—c is submitted in accordance with subsection 8.1.1.C (submittal requirements).

2.

On-site sewage treatment systems. The development will be served by on-site sewage treatment systems and complies with all the following requirements:

a.

The development is not located within a GMA district, except in the case of a rural land plan, on-site sewage treatment systems may be allowed if the municipality recommends approval of the rural land plan with on-site sewage treatment systems.

b.

All proposed lots are at least 87,120 square feet (two acres);

c.

An analysis comparing the feasibility to extend and connect to public central sewer with the feasibility to design and construct on-site alternatives is submitted for development sites within an existing or proposed sewer service area as defined in the North Front Range Water Quality Planning Association's Water Quality Management Plan. New developments may use on-site sewer systems only when it is clearly not feasible to connect to central public sewer;

d.

An inventory and analysis of site conditions relevant to the use of on-site sewer systems is submitted to support their use. Relevant site conditions include but are not limited to soils; percolation rates; location of bedrock and groundwater; surface water bodies; slopes; rock outcrops; irrigation ditches; and wetlands; and

e.

Substantial evidence is submitted showing that the design, layout and density of a development proposal incorporates the inventory and analysis of site conditions listed above. Proposals must show that site conditions are compatible with the use of on-site sewer systems and that the location of sewer systems will take advantage of favorable site conditions while avoiding significant constraints. Evidence of compatibility may include natural suitability of soils and other site conditions; development design and density tailored to limits placed by site constraints; and the ability to meet future lot owner expectations for operation and maintenance.

3.

Community sewer systems. The development will be connected to a community sewer system and complies with all the following requirements:

a.

The development is not located within a GMA district, except in the case of a rural land plan, community sewer systems may be allowed if the municipality recommends approval of the rural land plan with a community sewer system.

b.

Management arrangements will meet one of the following criteria:

(1)

The development is located outside an existing or proposed sewer service area as defined in the North Front Range Water Quality Planning Association's Water Quality Management Plan, and the sewer system will be operated by a management entity as specified in subsection f below; or

(2)

The development is located within an existing or proposed sewer service area, and the sewer system will be operated by the applicable sewer district or municipality under the terms of a state discharge permit issued to the district or municipality; or

(3)

The development is located within an existing or proposed sewer service area and the applicable sewer district or municipality has informed the county in writing that it does not wish to manage the community sewer system, and the sewer system will be operated by a management entity as specified in subsection f below; or

(4)

The development will connect to an existing community sewer system with adequate capacity to accommodate the additional flow, and will be operated by the applicable authority under the terms of a state discharge permit issued to the authority.

c.

An analysis comparing the feasibility to extend and connect to public central sewer with the feasibility to design and construct community sewer systems is submitted. New development may use community sewer systems only when it can be shown that it is clearly not feasible to connect to a central public sewer;

d.

If applicable, a site approval is approved by local reviewing agencies and issued by the Colorado Department of Public Health and Environment's Water Quality Control Division;

e.

If a site approval is not applicable, a report addressing site conditions as outlined in subsection 8.1.1.B.2, paragraphs d and e, regarding on-site sewer systems, together with design and location information for the proposed community sewer system(s) is submitted;

f.

A plan for operation and maintenance of the community sewer system is submitted for county approval. The plan must outline the legal, financial and staffing needs to:

(1)

Provide for an incorporated management entity with power to compel all lot owners to participate;

(2)

Provide for initial construction and ongoing operation and maintenance;

(3)

Provide for system monitoring and evaluation;

(4)

Provide for system repairs and replacement; and

(5)

Provide for ultimate connection to public sewer where applicable.

g.

Except for systems regulated under county individual sewage disposal system regulations, the sewer collection and treatment system is designed to comply with per capita flow requirements in the "Design Criteria Considered in the Review of Wastewater Treatment Facilities" of the Colorado Department of Public Health and Environment-Water Quality Control Commission; and

h.

Capacity will be available at the time of issuance of a certificate of occupancy.

4.

On-site sewage treatment systems in the growth management areas. A development in a growth management area that includes a proposal to use on-site sewage treatment systems must submit an appeal as part of their application. The appeal must include the following items:

a.

A technical/economic analysis demonstrating that public sewer is not feasible;

b.

A letter from the applicable city utility or sanitation district indicating concurrence that it is not feasible to connect to public sewer;

c.

A letter from the applicable municipality indicating their concurrence that the development as proposed will achieve the land use pattern envisioned for this part of the growth management area.

d.

A letter from the applicable municipality that indicates their willingness to annex the property when it becomes eligible for annexation; and

e.

Information demonstrating that on-site sewage treatment systems can be safely provided as anticipated in subsections 8.1.1.B.2.d and e above.

5.

Interim uses. Uses that do not require permanent facilities (for example: gravel mining, special events, etc.) may propose alternative sanitation facilities methods for review and approval by the county health department.

C.

Submittal requirements. In addition to the submittal requirements in the technical supplement of this code, applicants must provide the following:

1.

A letter of commitment from the appropriate public central sewer provider confirming:

a.

That the provider can comply with the level of service standards in subsection 8.1.1.B.1 for the proposed development, taking into account committed development; or

b.

That the provider cannot currently comply with the level of service standards in subsection 8.1.1.B.1 for the proposed development, taking into account committed development, together with a description of the capital improvements and the timing of such improvements necessary to allow the level of service standard to be met; or

c.

That the site complies with the requirements of subsection 8.1.1.B.2 or 8.1.1.B.3 for on-site sewage treatment systems or community sewer systems based on its location relative to the provider's service area boundaries and existing facilities.

2.

When on-site sewage treatment systems or community sewer systems are proposed, the applicant must provide a report showing compliance with the applicable requirements in subsection 8.1.1.B.2 or 8.1.1.B.3.

D.

Definitions.

Public central wastewater system. A publicly owned, centralized sewage collection and treatment system.

On-site sewage treatment system. A sewage system installed on a lot or parcel and designed to collect and treat sewage generated from uses on that parcel.

Community sewer system. A sewage system that collects sewage from more than one parcel and provides treatment at a centralized location and is not owned by a sanitation district or municipality. Examples include aerated lagoon systems; manufactured treatment plants; shared or clustered septic tank/soil-absorption systems; and individual absorption systems where all or part of the systems are located on common open space or residual land.

(Res. No. 12092003R001, Exh. A., 11-10-2003; Res. No. 03302004R001, § 2, 3-15-2004; Res. No. 02222005R002, Exh. A, 2-22-2005; Res. No. 08102010R001, Exh. A, 8-10-2010)