Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage.
(Ord. 322 § 1, 1976)
A. 
Any structure located within the City in which plumbing is to be installed and to which a public sewer is available shall, at the expense of the owner of the property, connect the plumbing of such structure directly to the proper public sewer in accordance with the provisions of this chapter and Chapter 13.16 CMC.
B. 
A public sewer shall be deemed to be available if a public sewer is located within 200 feet of the property line of the property involved.
C. 
Regardless of the distance from the closest sewer main, the property owner may petition the Council for an exception to the requirements in subsections (A) and (B) of this section pursuant to the provisions of subsections (E), (F) and (G) of this section based on the following minimum lot sizes:
1. 
Eighty thousand square feet if both on-site water and wastewater disposal are proposed;
2. 
Forty thousand square feet if either on-site water or wastewater disposal is proposed, but not both.
D. 
The following procedures shall be followed for the consideration of petitions for exceptions to the requirements of this section:
1. 
Petitions shall be filed by the property owner with the Planning and Building Department on forms provided by the Planning and Building Department. Said petition shall be accompanied by materials and information outlined on the application requirements list available in the Planning and Building Department.
2. 
Said petition shall be considered by the City Council prior to the determination of completeness (pursuant to Section 65943 of the Government Code) of a development application for the property.
3. 
Petitions shall be considered during a public hearing.
E. 
The following criteria shall be considered by the City Council in the evaluation of petitions for exceptions to the requirements of this section:
1. 
The proximity of existing public sewer mains to the subject property;
2. 
The ability to provide a public sewer main to the site;
3. 
The likelihood of adjoining property(ies) to develop and the need for the extension of public sewer facilities to accommodate such development;
4. 
The potential environmental effects resulting from the installation of public facilities given the physical conditions and improvements present at the property including, but not limited to: slope, soil conditions, tree cover, existing features and structures, etc. which might present constraints to the extension of public sewer facilities;
5. 
The physical conditions and improvements present at the property including, but not limited to: slope, soil conditions, tree cover, existing features and structures, etc., which might present significant on-going costs for maintenance of the public facilities;
6. 
The ability to provide public service to the frontage of the adjoining property(ies);
7. 
The adequacy of the proposed private system to satisfy the requirements of the Napa County Environmental Health Department.
F. 
The City Council may impose conditions or requirements upon the granting of a petition for an exception to the requirements of this section. Said conditions or requirements may include but shall not be limited to the following:
1. 
The property owner requesting the exception shall design and install the public sewer main across the frontage of the subject property including the extension, if any, of the public facilities from the existing closest point. Appropriate dedication of right-of-way shall be made to accommodate said installation. Said design, installation and dedication shall occur prior to the occupancy of the new development and shall not be subject to reimbursement or other credit by the City of Calistoga. An agreement for reimbursement from private development may be executed.
2. 
In the event the property owner does not wish to extend the public sewer main prior to occupancy of the new development, the property owner requesting the exception shall enter into an improvement agreement with the City, in a form acceptable to the City Attorney, to require the design and installation of the public sewer main extension within a reasonable time period of a finding by the City that the public sewer main extension is necessary to support area development. The agreement shall include surety adequate to cover design and construction costs, and shall include a provision for surety increase to cover future design and construction cost inflation.
3. 
A home owners association (HOA) or other entity or binding agreement, acceptable to the City Attorney, shall be created and maintained in perpetuity to ensure the long term maintenance of the common and/or private facilities (septic systems, sewer lines, etc.). The HOA shall maintain a sufficient fund reserve as determined by the Director of Public Works at all times to ensure that maintenance of the private facilities will occur as necessary. Duties and obligations of the HOA shall be stipulated in covenants, codes and restrictions (CC&Rs) which shall govern the private property. The City of Calistoga shall be a party to the CC&Rs, but shall not be responsible for the enforcement of the document.
4. 
The property owner requesting the exception shall record a notice which shall run with the deed on the property, and all subsequent parcels resulting from a subdivision of the property, advising subsequent property owners of the lack of public facilities and of the potential for failure of the private system(s). The deed notice shall further advise successor property owners that the City of Calistoga has no obligation to provide public facilities to the property in question even in the event of the failure of the private system(s).
5. 
The property owner requesting the exception shall execute and record a hold harmless agreement with the deed of the property, and all subsequent parcels resulting from a subdivision of the property. Said agreement shall relieve the City of Calistoga of any and all liability, which might arise from the use, and or failure of the private system(s). Said hold harmless agreement shall be in a form acceptable to the City Attorney and shall be recorded prior to occupancy of any new development of the subject property.
(Ord. 322 § 1, 1976; Ord. 458 § 2(E), 1990; Ord. 578 § 1, 2001)