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HomeMy WebLinkAbout3.0 Staff Report 10.9.09Exhibits - Text Amendment - David Furr - TXTP6109 BoCC Public Hearing (l0ll9l09) Exhibit,. t€tter,.,. '{Ato'Z\ A Proof of Publication B Garfield County Unified Land Use Resolution of 2008, as amended C Staff Memorandum D Application E Garfield County Comprehensive Plan of 2000 F Memo from Jake Mall of the Garfield County Road and Bridge Department, dated July 20, 2009 G Summary of proposed text change H Staff Powerpoint I Draft Resolution Exhibit EXHIBIT PROJECT INFORMATION AND STAFF COMMENTS BoCC 10/19/2009 TV Text Amendment to the Unified Land Use Resolution of 2008, TXTP 6109 Amend the Table in Section 3-502 of the Unified Land Use Resolution of 2008 to allow "Lodging Facilities-Major", requiring a Major Impact Review, and allow "sewage Treatment Facilities", requiring a Limited lmpact Review within the Resource Land Gentle Slopes (RL-GS) and Resource Land- Plateau (RL-P) Zoning Districts and; Delete "sewage Disposal" as a use in Table 3-502 in the Resource Land - Gentle Slopes (RL-GS) and Resource Land-Plateau (RL-P) Zoning Districts and; Modify the definition of "Lodging Facilities-Major" within Section 16-101 to allow on-site recreational amenities and; Modify the current definition of "Outdoor Recreation, Commercial" specifically adding hunting guide services as part of the definition for this use. David Furr Nathan Bell/Bell Consulting Jim De Kam/De Kam EnterPrises REQUEST: APPLICANT (OWNERS): REPRESENTATIVE: BACKGROUND The Applicant, David Furr, is a landowner in Garfield County with land holdings located north of County Road 200 and west of County Road 204.The Applicant is considering a lodging/guide iervice business on his property which is currently zoned Resource Land tnf-) and within the Gentle Slope and Plateau categories. Currently, the RL zoning Oirtiict does not permit "Lodging Facilities-Major" or "Sewage Treatment Facilities"' II. REQUEST The Applicant is requesting a text amendment for a future Land Use Change Permit to construct a lodging facility with related accessory uses in the Resource Land - Gentle l----' t. ilt. Slopes and Plateau zoning district. To accomplish this the Applicant is proposing to add specific uses to Table 3-502 that allow the proposed uses to support a lodge/guide service activity. ln addition, the Applicant is proposing to modify two current definitions related to the proposed use within Article XVl. Definitions. The specific amendments proposed are as follows: Amend the text of Section 3-502 of the Unified Land Use Resolution of 2008 to add "Lodging Facilities-Major" as a Major lmpact Review and "sewage Treatment Facilities" as a-Limited lmpact Review within the Resource Land - Gentle Slopes (RL-GS) and Resource Land-Plateau (RL-P) Zoning District. Also, the proposal is to remove "Sewage Disposal" as a use in Table 3-502 in the Resource Land - Gentle Slopes (RL-GS) and Resource Land-Plateau (RL-P) Zoning Districts. Modify the definitions for "Lodging Facilities-Major" within Section 16-101 to allow on-site recreational amenities and modify the current definition of "Outdoor Recreation, Commercial" specifically adding hunting guide services as part of the definition for this use. COMPREHENSIVE PLAN LAND USE GOALS AND OBJECTIVES The Comprehensive Plan discusses basic policy direction for land use in Garfield County. The following are some of the Goals, Objectives, and Policies that apply to this propoied text amendment to the Unified Land Use Resolution (2008) referenced by the item number of Section lll: Goals, Obiectives, Policies, and Programs. 3.0 Transportation. Development Proposals will be required to mitigate traffic impacts on County Roads proportional to the development's contribution to those impacts. Mitigation may include, but not be limited to the following: o Physical roadwaY imProvements; o lntersection imProvements; o Transit amenities; o SignageRequirements; o Alternative traffic flow design; o Funding mechanism to implement necessary mitigation. . Staff review of proposed commercial and industrial development will include a determination of the potential impacts of the project on the local transportation system. specific issues to be addressed include the following: o Traffic generated based on lnstitute of Traffic Engineering (lTE) rates; o Existing traffic counts on adjacent roadways; o The appropriateness of proposed access points; o The compatibility with existing and future traffic on the affected roadways. 4.0 Commercial and lndustrial Uses . To ensure that commercial and industrial developments are compatible with adjacent land uses and mitigate impacts identified during the plan review process. . Ensure that Zoning Regulations addressing Commercial and lndustrial uses lv. reflect the changing land use patterns and demographics of the County and encourage the further diversification of the County economy. . Ensure a commercial and industrial development policy that is environmentally sound and acceptable to County residents and policy makers. . The project review process will include a preliminary assessment of the projected traffic impact associated with all commercial and industrial projects. 5.0 Recreation and Open Space . Encourage the location of active recreational opportunities that are accessible to County Residents. . Access to public lands will be expanded and maintained. . Consistent with the management objectives of either the Bureau of Land Management or the U.S. Forest Service, development next to public lands will be encouraged, but not required, to provide public access easements without the use of condemnation processes. 5.0A Open Space and Trails . To ensure that existing agricultural uses are not adversely impacted by development approved by Garfield County; . To ensure that wildlife habitat is a component of the review process and reasonable mitigation measures are imposed on projects that negatively impact critical habitat. 6.0 Aqriculture. Ensure the compatibility of development proposals with existing farms and ranches.o Ensure that active agricultural uses are buffered from higher-intensity adjacent USCS. 8.0 Natural Environment . Proposed projects will be required to recognize the physical features of the land and design projects in a manner that is compatible with the physical environment. CONSISTENCY WITH EXISTING COUNTY REGULATIONS As a proposed Land Use Change Permit, each "Lodging Facilities-Major" and "Sewage Treatment Facilities" must demonstrate conformance with the applicable county and state standards and regulations. Development standards are listed for all Land Use Change Permits and encompass a broad range of impacts including, but not limited to, Access and Roadways, Agricultural Land, Wildlife Habitat Areas, Wetlands and Waterbodies, Water Quality standards, Erosion and Sedimentation, Drainage, Stormwater Run-Off, Air Quality, Wildfire Hazards, Natural Hazards and Geologic Hazards, Archeological, Paleontological and Historical lmportance as well as Reclamation. J V.STAFF COMMENTS The Unified Land Use Resolution of 2008 does not identify "Lodging Facilities-Major" or "sewage Treatment Facilities" as permitted uses in the RL-GS or RL-P Zoning Districts. The current request is to list both uses noted above in Table 3-502 as permitted with approval of a Major lmpact Review and Limited lmpact Review respectively. This is a logical request and may have been inadvertently omitted from the table of uses in the Resource Land Zoning Districts with the adoption of the Unified Land Use Resolution. Allowing the proposed uses allows for recreational opportunities related to hunting and guide services and the potential need for related sewage treatment facilities when iewage flows exceed 2,000 gallons per day. The applicant has proposed this text amendment to address his needs but an additional consideration should be given to adding "Lodging Facilities-Minor" as part of the text amendment with the requirement of a Limited lmpact Review, to allow smaller scale lodging to occur in support of other types of outdoor activities most appropriate for remote rural areas. An additional staff recommendation is a refinement to the standards listed in 7-836: Sewage Treatment Facitity and to the definition for "sewage Treatment Facilities" to be more consistent with state requirements. All proposed text amendment language, including staff recommended changes, will be shown in its entirety at the end of this section. The request also specifies removal of "sewage Disposal" from Table 3-502. lt appears there is some misconception that "sewage Disposal" was a use placed in the table in error and it should have been "sewage Treatment Facilities". The particular use "sewage Disposal" should remain in Table 3-502 since land application of sludge and sewage waste is an appropriate land use for remote rural areas where sewage is applied to the land and then allowed to bio-remediate. The applicant also requested some modification to definitions for "Lodging Facilities- Major" and "Outdoor Recreation". A "Major Lodging Establishment" is: ". . . a facility catering to more than ten (10) guests or having more than five (5) bedrooms without on-site recreational amenities". The proposed change is to add ". . . more than five (5) bedrooms with or without on-site recreational amenities". While there is general agreement with this change the definition should include the nature of the on-site recreational amenity as an accessory to the proposed use. A slight revision to the request is noted below with all proposed changes. The final request is to modify the definition for "Outdoor Recreation, Commercial" to specifically mention "Guide Services" which is the applicants intended use of their property located in western Garfield County near Debeque. The current definition was intentionally written in a broad manner to accommodate all outdoor recreational uses so that each type of outdoor use would not need specific definitions and listing in the table of uses. The current definition does allow for all types of outdoor recreational uses, including hunting guide seryices, and no revision to this definition is recommended. 4 The text amendment is supported by the Comprehensive Plan but additional language is proposed by staff to clarify and expand the applicant's text amendment allowing for consistency with other sections of the ULUR and to clarify language used in the definitions. The following changes to Table 3-502 are recommended incorporating the proposed text amendment with the additions noted in the discussion above. Changes to the Table 3-502 are shown in the excerpts below and are shown in bold with highlighted text. USE E TSGS Home Office/Business A A Kennel L L Lodginq Facilities, Maior M M Lodqing Facilities, Minor L L Maior PUC Requlated Electric or Natural Gas Distribution Facilities L L L L Maior Temporarv Housino Facility(ies)M M M M Minor Temporary Housinq Facility(les)A A A A Processinq M M M M Salvaqe Yard M Sewage Disposal L L Sewaqe Treatment Facilities L L Sinqle Dwellinq Units o a Ski Lift and Trails M Use Permitted by Right Use Permitted Subjecl to Administrative Review Use Permitted Subjecl to Limited lmpact Review Use Permitted Subjecl to Major lmpact Review A staff recommended change to the standards listed for Sewage Treatment Facilities in Section 7-836 is shown below and is necessary to clarify how the use relates to a site as an accessory and to remain consistent with the proposed language for the definition located in Article 16. Changes to text are show as Striketh+eugh = Deletion of text and Underline = Addition of text. Section 7-836 Sewage Treatment Facility A. General Requirements. 1.Thisusei@maVbelocatedonaSeparatelydedicatedlot and is exempt from e++empty++it+ the minimum lot size requirements for the zoning district in which it is located. 2. When part of an overall proiect requirinq a Land Use Permit. a new Sewage Treatment Facilitv shall be considered an accessorv to the primary use and shall not require additional permitting except for those permits required bv the Garfield County Public Health Department and the Colorado Department of Public Health and Environment. 3. Expansion. relocation. or other alteration to an existinq and approved Sewaqe Treatment Facilitv shall follow requirements as noted in the Use Tables of the . Unified Land Use Resolution of 2008 as amended. a A L M Staff recommended changes to the definitions as noted in the discussion above are shown below. No change to the definition of "Outdoor Recreation, Commercial" is recommended. Changes to text are show as Strketh+eugh = Deletion of text and Underline = Addition of text. Lodging Facilities. Lodging establishments exclude seasonal employee housing on prem-isei, or contracted emfloyee housing off premises, or a Rooming and Boarding ilorr". Lodging establishments exclude the seasonal rental of homes, or lock-outs or portions of homes, whether managed by a lodging management agency or not, consisting of 2 or less independent lodging units. Minor Lodging Estabtishment. Afacility catering to a maximum of ten (10) guests without on-site recreational amenities. Major Lodging Establishment. Afacility catering to a more than ten (10) guests or having moie than five (5) bedrooms. wi ' On-site recreational amenities are permitted as an accessorv use for the staff. Recreational amenities offered to the general prubrlic are considered "Outdoor Recreation. Commercial" and require a separate permit as listed in the Table of Uses in Article lll. 1. Outdoor Recreation (Gommercial) An area or facility which offers entertainment, recreation, or games of skill for a fee, where any portion of the activity takes place outside and may include lighted areas for use after dusk. SewageTreatmentFaciIity.Asystemorfacilityfortreating,@izingh_er dispesing ef sewage prior to discharqe to an absorption area. surface water or other approved location. for wfrich the system or facility has a designed capacity to receive me+e+nen teqrr, trrro tnousand (2000) gallons of sewage per day @ @or Colorado Health and Environment. The term "sewage treatment we+ks facilitv" includes @nterceptors,collectionlines,outfallandotherSeWerS,pumping stations, and related equiPment. VI. PLANNINGCOMMISSIONRECOMMENDATION The Planning Commission considered this application at a public hearing held on September g, ZOOS. At that time, the Planning Commission accepted the modifications proposed by Planning Staff to the language of the amendment as summarized in Exhibit G. The Planning Commission recommends the Board of County Commissioners approve the text amendment with the following findings. VII. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS 1. That the hearings before the Planning Commission and Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 2. That the proposed text amendment can be determined to be in the best interest of the healih, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield CountY. 3. That the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended' 4. Such use does not create any more hazards to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which it is added. S. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is added. O. The proposed uses added to Table 3-502 is compatible with the uses permitted in the Resource Lands-Gentle Slopes and Resource Lands-Plateau. l GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: July Comments Due: 16,2008 August 6,2008 Name of application: Furr Text Amendment Sent to: Garfield County Road & Bridge Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Thomas Veljic 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-3 84-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge has no objection to this application with the following comments. This application follows other similar uses in this area and would be a viable use of the property. The Text amendment should be changed to allow for this type of use. Name of review agency: Garfield County Road and Bridge Dept By:Jake B. Mall Date:July 20. 2009 Revised 3130/00 EXHIBIT CtU0og Complete Text of proposed Text Amendment-TXPT-5l09 Changes to text are show as; S+i*et+reugh = Deletion of text Underline = Addition of text. ARTICLE III TABLE 3.502 USE P E TSGS Home Office/Business A A Kennel L L Lodqinq Facilities, Maior M M Lodqinq Facilities. Minor L L Major PUC Regulated Electric or Natural Gas Distribution Facilities L L L L Maior Temporary Housing Facility(ies)M M M M Minor Temporary Housing Facility(ies)A A A A Processinq M M M M Salvaqe Yard M Sewage Disposal L L Sewaqe Treatment Facil ities L L Sinqle Dwellinq Units o a Ski Lift and Trails M . Use Permitted by Right A Use Permitted Subject to Administrative Review L Use Permitted Subject to Limited lmpact Review M Use Permitted Subject to Major lmpact Review ARTICLE VII Section 7-836 Sewage Treatment Facility A. General Requirements. 1,Thisusei@mavbelocatedonaSeparatelydedicated lot and is exempt from e+-eemply-witn the minimum lot size requirements for the zoning district in which it is located. 2. When part of an overall proiect requirinq a Land Use Permit, a new Sewaqe Treatment Facilitv shall be considered an accessory to the primarv use and shall not require additional permittinq except for those permits required bv the Garfield Countv Public Health Department and the Colorado Department of Public Health and Environment. 3. Expansion. relocation, or other alteration to an existino and approved Sewage Treatment Facility shall follow requirements as noted in the Use Tables of the Unified Land Use Resolution of 2008 as amended. ARTICLE XVI: DEFINITIONS Lodging Facitities. Lodging establishments exclude seasonal employee housing on premises, or contracted employee housing off premises, or a Rooming and Boarding House. Lodging establishments exclude the seasonal rental of homes, or lock-outs or portions of homes, whether managed by a lodging management agency or not, consisting of 2 or less independent lodging units. 1 . Minor Lodging Establishment. Afacility catering to a maximum of ten (10) guests without on-site recreational amenities. 2. Major Lodging Establishment. A facility catering to a more than ten (10) guests or having more than five (5) bedrooms. wiM . On-site recreational amenities are permitted as an accessory use for the exclusive use of quests and staff. Recreational amenities offered to the qeneral public are considered "Outdoor Recreation, Commercial" and require a separate permit as listed in the Table of Uses in Article lll. Outdoor Recreation (Commercial) An area or facility which offers entertainment, recreation, or games of skill for a fee, where any portion of the activity takes place outside and may include lighted areas for use after dusk. Sewage Treatment Facility. A system or facility for treating, neu*ralizing, @ sewage prior to discharge to an absorption area, surface water or other approved location. for which the system or facility has a designed capacity to receive mere then tew two thousand (2000) gallons of sewage per day or oreater, and is regulated bv the Colorado Department of Public Health and Environment. The term "sewage treatment we*s facility" includes appurtenances such as interceptors, collection lines, outfall and other sewers, pumping stations, and related equipment. EXHIBIT li* -7-DIgt Lr- STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Me;ting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 19th of October ,2OOg, there were present: John Martin Commissioner Chairman Mike Samson -, Commissioner (absent) Trdsi Houpt , Commissioner Deborah Ouinn , Assistant County Attorney Jean Alberico , Clerk of the Board Ed Green _, County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. A RE,SOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT TO AMEND THE TEXT OF ARTICLE 3, ARTICLE 7 AND ARTICLE 16 OF THE UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED, REGARDING ADDING THE USE OF *LODGING FACILITIES, MAJOR" AS A MAJOR IMPACT REVIEW WITHIN THE RESOURCE LAND-GENTLE SLOPES (RL-GS) AND RESOURCE LANDS-PLATEAU (RL-P) ZONING DISTRICTS AND ADDING THE USE OF "LODGING FACILITIES, MINOR AND "SEWAGE TREATMENT FACILITIES' AS A LIMITED IMPACT REVIEW WITHIN THE RE,SOURCE LAND _ GENTLE SLOPES (RL-GS) AND RESOURCE LAND.PLATEAU (RL.P) ZONING DISTRICTS IN ADDITION, MODIFYING THE STANDARDS OF SECTION 7-836 AND DEFINITIONS IN ARTICLE XVI. PARCEL NO# N/A Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Text Amendment application from David Furr to Amend the Text of Article 3, Article 7, and Article 16 of the Land Use Resolution of 2008. C. On September g, 2OOg the Garfield County Planning and Zoning Commission forwarded a recortmendation of approval with changes by a vote of 6-0 to the Board of County Commissioners. ) )ss ) Page 1 of5 D. On October 19,2009, the Board of County Commissioners opened a public hearing upon the question of whether the Text Amendment should be approved, approved with changes, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Text Amendment. E. The Board of County Commissioners closed the public hearing on October 19,2009 to make a final decision. F. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: That the hearings before the Planning Commission and Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. That the proposed text amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. That the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. Such use does not create any more hazards to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which it is added. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazatds than the minimum amount normally resulting from the other uses permitted in the district to which it is added. 6. The proposed uses added to Table 3-502 is compatible with the uses permitted in the Resource Lands-Gentle Slopes and Resource Lands-Plateau. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Unified Land Use Resolution of 2008, and identified as its Resolution No. 08-115, as subsequently amended by this Board, shall be and hereby is amended and said language will be incorporated into the codified Garfield County Unified Land Use Resolution adopted on October 13th, 2008 as shown on the attached Exhibit A: 1. 2. 4. 5. Page2 of 5 ADOPTED this ATTEST: day of 2009 GARFIELD COLINTY BOARD OF COMMIS SIONERS, GART'IELD COUNTY, COLORADO Clerk of the Board Upon motion dulY following vote: made and seconded the Mike Samson Chairman foregoing Resolution was adopted by the , (absent) Tr6si Houpt , AYe John Martin -, Aye STATE OF COLORADO County of Garfield |,,CountyClerkandex-officioClerkoftheBoardof Countyffii''io@yandStateaforesaid,doherebycertifythatthe *o.*"d and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this - day of A.D.2009. County Clerk and ex-officio Clerk of the Board of County Commissioners ) )ss ) Page 3 of5 EXHIBIT A ARTICLE III ZONING Modifu Table 3-502by: Adding: "Lodging Facilities, Major" to Plateau and General Slopes as a Major Impact Review. Adding: "Lodging Facilities, Minor" to Plateau and General Slopes as a Limited Impact Review. Adding: "Sewage Treatment Facilities" to Plateau and General Slopes as a Limited Impact Review. TABLE 3-502 USE P ETSGS Home Office/Business A A Kennel L L M M Lodging Facilities, Minor L L Major PUC Regulated Electric or Natural Gas Distribution Facilities L L L L Maior Temporary Housing Facility(ies)M M M M Minor Temporary Housing Facility(ies)A A A A Processing M M M M Salvage Yard M Sewage Disposal L L Sewage Treatment Facilities L L Sinele Dwelline Units a a Ski Lift and Trails M o Use Permitted by Right A Use Permitted Subject to Administrative Review L Use Permitted Subject to Limited Impact Review M Use Permitted Subject to Major Impact Review ARTICLE VII STANDARDS Modifu Section 7-836 to read; Section 7-836 Sewage Treatment Facilify A. General Requirements. 1. This use may be located on a separately dedicated lot and is exempt from the minimum lot size requirements for the zoning district in which it is located. 2. When part of an overall project requiring a Land Use Permit, a new Sewage Treatment Facility shall be considered an accessory to the primary use and shall Page 4 of 5 Lodgins Facilities. Maior not require additional permitting except for those permits required by the Garfield County Public Health Department and the Colorado Department of Public Health and Environment. 3. Expansion, relocation, or other alteration to an existing and approved Sewage Treatment Facility shall follow requirements as noted in the Use Tables of the Unified Land Use Resolution of 2008 as amended. ARTICLEXVI DEFINITIONS Modifu the following definitions to read; Lodging Facilities. Lodging establishments exclude seasonal employee housing on premises, or contracted employee housing off premises, or a Rooming and Boarding House. Lodging establishments exclude the seasonal rental of homes, or lock-outs or portions of homes, whether managed by a lodging management agency or not, consisting of 2 or less independent lodging units. 1. Minor Lodging Establishment. A facility catering to a maximum of ten (10) guests without on-site recreational amenities. 2. Major Lodging Establishment. A facility catering to more than ten (10) guests or having more than five (5) bedrooms. On-site recreational amenities are permitted as an accessory use for the exclusive use of guests and staff. Recreational amenities offered to the general public are considered "Outdoor Recreation, Commercial" and require a separate permit as listed in the Table of Uses in Article ru. Sewage Treatment Facility. A system or facility for treating, sewage prior to discharge to an absorption area, surface water or other approved location, for which the system or facility has a design capacity to receive two thousand (2000) gallons of sewage per day or greater, and is regulated by the Colorado Department of Public Health and Environment. The term "sewage treatment facility" includes appurtenances such as interceptors, collection lines, outfall and other sewers, pumping stations, and related equipment. Page 5 of5