Resolution 5655 - TABLED INDEFINITELY - Allocation of Sewer Conveyance Capacity11/04/2013 TABLED INDEFINITELY
RESOLUTION NO. 5655
A RESOLUTION ESTABLISHING THE POLICY OF THE CITY OF KALISPELL
REGARDING THE ALLOCATION AND RESERVATION OF SANITARY SEWER
CONVEYANCE CAPACITY FOR NEW DEVELOPMENT AND SETTING AN
EFFECTIVE DATE
WHEREAS, the City of Kalispell owns and operates a municipal sanitary sewer utility which
includes a conveyance system with a discrete and finite capacity; and
WHEREAS, pursuant to the terms of MCA §76-3-610 the City considers applications for
preliminary plats of those landowners in the City who desire to develop their
properties and utilize those services, including sanitary sewer services, provided
by the City; and
WHEREAS, pursuant to ARM §17.38.101 the Montana Department of Environmental Quality
[MDEQ] issues, upon application, a Municipal Facilities Exclusion [[MFE] to a
developing landowner permitting the construction of public sewerage extensions
in the City if certain criteria are met, including the certification of the City that,
among other things, adequate disposal of sewage is available or will be provided
within the time period allowed under MCA 76-3-610; and
WHEREAS, upon issuance of an MFE to a developing landowner, the city reserves and
allocates the projected sanitary sewer conveyance capacity requirements of the
development to prevent the sanitary sewer conveyance system from becoming
over allocated; and
WHEREAS, pursuant to ARM §17.38.10](9), unless the developing landowner completes the
extension of the public sewerage system within three years after MDEQ or a
delegated unit of local government has issued its written approval, the approval is
void and an application and design must be resubmitted unless a deadline
extension is provided by MDEQ; and
WHEREAS, it is in the best interest of the city residents and landowners that the policies of
MDEQ and the City are in accord so that confusion can be avoided and a well -
ordered allocation of sanitary sewer conveyance capacity may be assured; and
WHEREAS, the City should therefore withdraw the reservation and allocation of sanitary
sewer conveyance capacity that was obtained by the developing landowner
through issuance of an MFE if upon expiration of three years the extension of the
public sewerage system designed for the development has not been completed and
the developing landowner has not received a deadline extension from MDEQ.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. It shall henceforth be the policy of the City of Kalispell that the
reservation and allocation of sanitary sewer conveyance capacity that is
obtained by a developing landowner upon the issuance of a Municipal
Facilities Exclusion shall be withdrawn by the City upon the expiration of
three years without completion of the extension of the public sewerage
system by the developing landowner and without a deadline extension
being given by the Montana Department of Environmental Quality.
SECTION 2. This policy shall be effective immediately.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 4TH DAY OF NOVEMBER, 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk