Council weighs formal variance process for 300‑foot sewer‑connection rule

Council members and legal counsel discussed the town’s ordinance that requires property owners within 300 feet of a sewer lateral to connect within 90 days. Counsel said the code provision (referenced in the meeting as §52.004 sub(h)) is explicit and allows the public utility director to issue a mandatory connection notice, but the town currently lacks a variance procedure to handle special circumstances.

Council members described at least one recent case in which a property owner installed or moved a septic system during a remodel and is more than 300 feet from the road; requiring connection would impose substantial, immediate expense. Alex Bowman recommended adopting a formal variance process modeled on the regional water and sewer statutes. Under the recommended approach, a property owner could petition the town for temporary exemption, but would likely be required to provide annual health‑department certification that the septic is functioning, accept a deadline for future connection, and possibly contribute to a fund or pay a connection fee spread over time. Bowman cautioned the town should avoid permitting indefinite exemptions that would leave failing systems in use long term.

Council members expressed sympathy for property owners in limited circumstances, but also recognized a long‑term public‑health preference for municipal sewer. No formal motion was made; staff were asked to draft ordinance language to implement a variance procedure and bring it back for council consideration.

Next steps: counsel to draft variance language for council review, including recommended conditions (health certification, time limits, potential connection fee or escrow) and explanatory guidance for affected property owners.