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When an existing individual sewage treatment system is failing and the property in <br />question is near the community sewage treatment system provided that if capacity is <br />available in all components of the community sewage treatment system. <br />A new connection to a community sewage treatment system will not be permitted <br />for new construction, unless the previous structure on the property in which the new <br />construction occurs was previously connected to the existing community sewage <br />treatment system. In that event, a city permit is required. <br />(B) The fee for new connections will be determined by the city. The new user will <br />be responsible for paying all costs to connect to the system, plus a charge to pay for <br />previously built drainfield areas. <br />(C) No person(s) shall uncover, make any connections with or opening into, use, <br />alter, or disturb any community sewage treatment system or appurtenance of the <br />system without first obtaining a written permit from the city. This provision shall not <br />apply to certified qualified employees performing tasks within their area of <br />certification for which a Permit is not required. The definition of a "certified <br />qualified employee" shall be as set forth in the County Regulations. <br />(1997 Code, 5 700.04) (Am. Ord. 08-029, passed 9-21-2010) Penalty, see 5 10.99 <br />51.005 ADMINISTRATION. <br />(A) Board of Adjustment and Appeals. <br />(1) Administrative Appeals <br />(a) An aggrieved party may appeal a decision by the permitting authority <br />regarding the interpretation or application of the provisions of 55 51.001et <br />seq. <br />(b) Appeals shall be reviewed and determined by the city's Board of <br />Adjustment and Appeals. <br />(2) Variance Procedures <br />(a) Requests for variances to the provisions of 55 51.001et seq. shall be <br />reviewed pursuant to the procedures and standards contained in the zoning <br />code. <br />(b) No variances with respect to Sections 4.1, 4.7, 4.8, 4.9, and Sections 16.2 <br />(1) through Section 16.2 (4) of the County Regulations will be considered or <br />granted by the City. The City may grant a variance with respect to Section <br />4.8 (4) (A) of the County Regulations for replacement MSTS serving existing <br />dwellings or other establishments. <br />SECTION 2. Effective Date. This ordinance shall become effective immediately upon <br />adoption and publication in the official newspaper of the City of Lake Elmo. <br />490749A SJS LA515A <br />