Chapter 13.35
PUBLIC NOTICE AND APPROVAL OF EXPANSION OF SERVICE AREA OF WASTEWATER TREATMENT AND RECLAMATION FACILITY AND CONSTRUCTION OF WASTEWATER TREATMENT AND RECLAMATION FACILITIES

Sections:

13.35.010    Public notice and approval.

13.35.010 Public notice and approval.

A. The purpose of this section is to allow maximum citizen participation with respect to expansion of the boundaries of the service area (hereinafter “sewer service area boundaries”) of the Sahuarita wastewater treatment and reclamation facility (hereinafter “SWTRF”) and with respect to construction of new treatment and reclamation facilities within the sewer service area boundaries in order to preserve the quality of neighborhoods and adequate sewer service for residents within the sewer service area boundaries.

1. The sewer service area boundaries are the service area boundaries described in Section 5.1 and illustrated on Appendix Figure 1.1 of the Wastewater Management Plan for Sahuarita which was prepared by the town of Sahuarita in January 1999, and adopted as an amendment to the Pima Association of Government’s (“PAG”) Areawide 208 Plan by the PAG Regional Council on or about March 24, 1999 (hereinafter “208 Amendment of 1999”). The sewer service area boundaries are attached hereto as Exhibit “A.”

2. The SWTRF is the wastewater treatment and reclamation facility described in Sections 5.2 and 5.3 and illustrated on Appendix Figure 3.4 of the 208 Amendment of 1999 attached hereto as Exhibit “B” and such additional parcels of land contiguous thereto which were acquired by the town of Sahuarita on or before September 1, 2006, for the purpose of operating the SWTRF.

3. This section does not prohibit such additions, replacements, expansions and repairs of and to the SWTRF as may be reasonable and necessary to provide service to users within the sewer service area boundaries.

4. This section shall not preclude or be applied to prohibit a connection of an additional school facility located on land contiguous to an existing public school facility located within the sewer service area boundaries, even though the addition may be located outside the sewer service area boundaries.

B. Unless authorized by a vote of the qualified electors of the town of Sahuarita as described in subsection D of this section, the town of Sahuarita shall not directly or indirectly cause, consent to, or participate in any of the following actions (hereinafter an “expansion”):

1. Expansion of the sewer service area boundaries;

2. Permit or require property located outside the sewer service area boundaries to connect to the SWTRF;

3. Any action that would permit or require the construction of any other wastewater treatment facility inside of the sewer service area boundaries or within 1,000 feet of the sewer service area boundaries.

C. If the electorate does not approve an expansion, then the town of Sahuarita shall not approve or authorize any annexation, general plan amendment, rezoning, tentative or final plat, development plan, building permit, acceptance of control or ownership of property, or sewage conveyance facilities if the effect of such approval or authorization would cause an expansion to occur. The town of Sahuarita shall not authorize the expenditure of funds for condemnation, right-of-way, acquisition, or construction of sewage conveyance facilities and/or cooperate with any other governmental authority or private entity which would cause or facilitate an expansion to occur if such expansion has not been duly approved by the electorate.

D. Voter approval for participation by the town of Sahuarita in any expansion shall be obtained by the mayor and town council at any regular or special election called for the purpose of approving or rejecting the proposed expansion (an “expansion election”). In an expansion election the registered voters of the town of Sahuarita shall be asked on the ballot to “approve” or “reject” the expansion for which the expansion election was called. The proposed expansion shall be described on the ballot in such detail that it may be reasonably understood, and shall include:

1. The specific location of property to be served;

2. The specific location of facilities to be constructed;

3. The boundaries of service areas to be expanded;

4. The impact upon the capacity of the SWTRF and conveyance systems then existing or planned to serve property within the sewer service area boundaries.

E. An expansion shall be “approved” only if a majority of the votes cast in an expansion election are cast in favor of an approval. If the voters reject the expansion, the mayor and council shall not permit the town, its staff, its consultants or its resources to be used to permit, support, facilitate or implement an expansion, and shall take such steps as may be reasonably available to prevent the expansion.

F. This section shall not prohibit the construction of any structure other than a wastewater treatment facility outside the sewer service area boundaries which does not require connection to the SWTRF, and shall not prohibit construction of a new wastewater treatment facility outside of and more than 1,000 feet away from the sewer service area boundaries.

G. If a provision of this section or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

H. As of the date of its adoption, the ordinance codified in this section supersedes any existing ordinance that conflicts with the terms hereof.

I. The provisions of this section apply to any application, proposal, submittal, amendment or other action pending as of the effective date of the ordinance codified in this section that would result in any expansion to occur.

Exhibit “A”

Sewer Service Area Boundaries

Exhibit “B”

Sahuarita Wastewater Treatment and Reclamation Facility (“SWTRF”)

[3/13/07 initiative ordinance.]