§ 18.21.150. Residential lot sizing.

A.

No design for an on-site sewerage facility shall be approved for a lot less than five acres unless the lot is located in a subdivision approved by the city plan commission.

B.

Smaller Lots or Tracts. On smaller lots or tracts, approved by the city plan commission on a preliminary or final basis prior to January 1, 1988, an on-site sewerage facility may be permitted to be constructed and licensed to operate if it meets the following criteria: it must be demonstrated by a thorough investigation of a registered professional engineer or registered professional sanitarian (either having demonstrated expertise in on-site sewage system design) that an on-site sewerage facility on one of these lots can be operated without causing a threat or harm to an existing or proposed water supply system or to the public health, or creating the threat of pollution or nuisance conditions. The foregoing demonstration will be presumed to have been made when it is shown that an on-site facility can be constructed which meets the design standards of the Texas Commission on Environmental Quality in effect on December 31, 1987 and entitled "Construction Standards for Private Sewage Facilities." The foregoing demonstration will also be presumed to be made if a sewage disposal plan or a site specific design for the lot was approved by the department of environmental services prior to the adoption of the ordinance codified in this chapter.

(Ord. 16818 § 1 (part), 3 (part), 2008; Ord. 9448 (part), 1988)