ORDINANCE NO. 181
AN ORDINANCE IMPOSING A MORATORIUM ON
LAND DEVELOPMENT PROHIBITING THE ACCEPTANCE OF APPLICATIONS FOR
PARTITIONS, SUBDIVISIONS AND PLANNED UNIT DEVELOPMENTS IN THE CITY OF
DUNES CITY, AND DECLARING AN EMERGENCY
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The City of Dunes City Finds:
A.
The residents of Dunes City primarily rely upon the
surface waters of Woahink and Siltcoos Lakes for their potable water; and
B.
The residents of Dunes City rely upon subsurface
disposal systems to treat their sewage effluent; and
C.
Subsurface disposal system effluent contain nitrates and
phosphorus that eventually migrate into groundwater and surface water
sources, providing nutrients that enrich phytoplankton populations; and
D.
Nutrients are also introduced into surface waters
through erosion and run–off.
E.
Woahink Lake is more susceptible to changes in water quality than
any other lake in its watershed. Both Woahink and Siltcoos Lakes have
experienced episodes of rapid growth of phytoplankton populations (algae
bloom) in recent years; and
F.
Subsurface disposal system effluent also contains fecal
coliform that can transmit water–borne disease; and
G.
Several cases of water–borne diseases, including Plesiomonas
shigellodies, have been documented in Siltcoos Lake within the last year.
H.
A 1972 Lane County survey of septic tanks found that 26 percent of
all tanks located within 100 feet of Woahink Lake were performing
unsatisfactorily.
I.
It is a very difficult and slow process to rehabilitate the water
quality of a lake that has been compromised. Dune City’s low land use
density would exacerbate the cost of developing a distribution system for
a water treatment facility.
J.
The Dunes City Drinking Water Source Assessment and Potential Planning
Strategies report (December 2002) identifies sensitive area setbacks
based upon risk of spill contamination, high soil erosion potential, high
permeability of soils and high runoff potential.
NOW,
THEREFORE,
THE CITY OF DUNES
CITY ORDAINS AS FOLLOWS:
Section 1. Moratorium
Adopted. In accordance
with ORS 197.505 – 197.540, and based on the above findings, and the
findings attached as Exhibit “A” hereto and incorporated herein by
reference, the City adopts a moratorium on certain types of intensive land
development located within the corporate limits of Dunes City and,
consistent with the sensitive area setback identified by the Dunes
City Drinking Water Source Assessment and Potential Planning Strategies
report. Properties subject to the moratorium include those lands within
1,000 feet from water a body; soils that have slopes in excess of 16
percent and a K–factor (soil erodibility potential) greater than 0.25;
soils identified in the USGS geologic map of Oregon as Recent Alluvial
Deposits that have a high potential for groundwater recharge adjacent to
streams; and soils mapped by the Natural Resources Conservation Service as
being Class D. Except as herein provided, no new land use applications
shall be accepted, processed or issued for partitions,
subdivisions, and planned unit developments that include land subject
to one or more of the above–listed four (4) factors.
Section
2.
Exempted Development. Proposed partitions that meet the
below–listed standards are exempt from this moratorium:
a.
Development that proposes to augment the use of traditional septic
tank and subsurface sewage disposal systems with a Sand filter, textile
filter, or other similarly advanced treatment unit approved by the Oregon
Department of Environmental Quality – approved alternative treatment
technologies (ATTs) that have been certified by the NSF International and
meet the performance standards and other requirements of OAR
340–071–0135; and
b.
Development
applications that are accompanied with the applicant’s agreement to
comply with the temporary erosion control measures and procedures
contained in Exhibit B, attached to this ordinance and included herein by
reference; and
c.
Development
that demonstrates through site specific soil testing, development of
phosphorous adsorption isotherms, and computations performed by an Oregon
registered Professional Engineer that detectable levels of phosphorous in
the soil from the proposed drainfield locations and configurations to the
nearest surface water body (stream with a defined bed and bank or lake)
will not occur for at least 100-years after installation of the system.
For
purposes of this ordinance, demonstration that the required travel time
for detectable levels of phosphorous in the soil at the point of concern
will be met when computations show that less than one-half of the volume
of soil within the soil section under consideration will be saturated with
phosphorous (P) after the required time interval.
Computations
include and shall show:
•
A site plan showing proposed drainfield locations and orientation,
•
The direction of groundwater flow;
•
The assumed or minimum drainfield width relative to the direction
of flow of groundwater;
•
The design phosphorous loading rate from the wastewater system and
justification for the design loading rate if less than 20 parts per
million (ppm) total phosphorous;
•
The adsorption capacity of the soil at the design loading rate in
parts per million (ppm);
•
The unit weight of soil;
•
The assumed reaction depth and justification for the design
reaction depth if greater than the lessor of half the distance from the
bottom of the drainfield disposal line to the top of the permanent
groundwater table or three (3) feet;
•
The design hydraulic loading rate for systems serving more than one
dwelling or uses other than for a single-family dwelling.
A design hydraulic loading rate of 450 gallons per day (gpd) shall
be utilized for a single-family residence.
•
The time of travel to the nearest surface water body and;
•
The rate of travel in feet per year for the movement of detectable
phosphorous in the soil from the disposal system.
Section 3.
Emergency Clause.
That the matters contained herein concern the public health,
welfare and safety and therefore, an emergency is hereby declared to
exist, and this Ordinance shall become effective immediately upon its
passage by the Common Council and approval by the Mayor.
Section 4.
Expiration Date. This
ordinance shall expire on September 9, 2006 at midnight unless otherwise
provided by an ordinance extending the moratorium established herein, in
accordance with ORS 197.530(2).
ADOPTED BY THE DUNES CITY COUNCIL THIS 12th DAY OF
May, 2006.
Ayes: _____
Nays:_____
Abstain:_____
Absent:_____
__________________________
__________________________
Sheldon Meyer, Mayor
Joanne Hickey, City Recorder