Sandy adopts revised rules for alternative wastewater systems; ordinance effective in 30 days

The City Council held a public hearing and approved the second reading of Ordinance 2025-17, amending chapters 17.12 and 17.84 to create a single review path and add approval criteria for alternative wastewater systems.

Why it matters: The changes clarify when a developer or business may use an alternative wastewater approach instead of connecting directly to the municipal sanitary sewer system. They affect developers, property owners and potentially businesses in areas where Equivalent Residential Units (ERUs) are constrained, and they add local review criteria that were not part of the city code previously.

Key points of the adopted changes

- Single review path: The revised ordinance removes an earlier two-track process (a simpler path for graywater and porta-potty-style solutions and a second, broader track) and replaces it with a single review framework that applies uniform criteria to all proposed alternative systems. - ERU availability criterion: A central approval criterion now requires that ERUs not be available for the proposed development at the time of application; staff clarified that an ERU is not considered "available" if the only way to obtain one is to transfer it from another property. - Public-facing uses and porta-potty concerns: The revised draft removed a categorical prohibition on public-facing establishments, making such uses eligible for consideration under the uniform criteria. Councilors expressed concern about long-term reliance on temporary toilet solutions for restaurants or retail; the ordinance leaves discretion to council to deny systems that are materially injurious to public welfare. - Interior fixtures and end-of-life conditions: The ordinance adds a condition requiring that interior plumbing fixtures be rendered inaccessible or inoperable when required by the type of alternative system and calls for transition plans and end-of-life provisions in approvals. - Definitions and code clarifications: Several definitions were modified for consistency with the consolidated review path and DEQ-related requirements.

Public hearing and council action

- The public hearing was opened at the work session; no members of the public provided testimony by raised hand or online. Staff summarized the differences between the original and revised versions and recommended the council adopt the revised exhibit (the version labeled "code amendments revised alternative 9-8-25"). - After discussion and clarifying questions, the council closed the public hearing and approved the second reading of Ordinance 2025-17. The ordinance takes effect 30 days after adoption.

Discussion points and council concerns

Councilors asked staff to prepare clear application guidance and templates so applicants submit complete proposals (screening/landscape plans, transition plans, end-of-life criteria, and evidence that ERUs are not available). Several councilors emphasized that the council retains the authority under the new criteria to deny proposals that would be detrimental to public welfare; members also asked staff to clarify how long an alternative system may remain in place and to require a transition plan for connection when ERUs become available.

Implementation steps

- Staff will post the final ordinance and prepare application templates and a checklist describing the documentation required for alternative wastewater-system applications. - Because the adopted language places additional conditions on approval (interior-fixture rendering, transition plans), staff said it will finalize application materials during the 30-day effective period so permit applicants and reviewers will have a consistent process.

Outcome

- Ordinance 2025-17 was approved on second reading and will take effect 30 days after adoption. Staff will publish the final ordinance and provide applicants with the application checklist and guidance materials.