HomeMy WebLinkAboutDOCSOPEN-#490749-v1-SSTS_Ordinance (2) CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-159
AN ORDINANCE AMENDING TITLE V: CHAPTER 51 OF THE LAKE ELMO
CITY CODE OF ORDINANCES REGARDING SUBSURFACE SEWAGE
TREATMENT SYSTEMS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title V: Public
Works; Chapter 51: Waste Water Treatment Systems, by deleting the stricken
language and inserting the underlined language as follows:
51.001 INTENT AND PURPOSE.
This subchapter is adopted for the purpose of protecting the health, safety and
welfare of the residents of the city through regulating the location, design, installation,
use and maintenance of individual sewage treatment systems so as to prevent
contamination of surface waters and groundwaters.
51.002 REGULATIONS ADOPTED BY REFERENCE. ORTION n F= C-01
S11851I.�E SEWAGE TREAT.ENT SYSTEM nRDiNnWrE.
Chapter 4 Four of the Washington County Development Code entitled Subsurface
Sewage Treatment Systems Regulations, Ordinance #196 (the "County Regulations"),
a amenrlerl with the exception of Sections 3.1, 3.3, 3.4, 22.10, 23, 26.3, 28.1 , and
29.1 is hereby adopted by reference and made part of this Chapter in its e„tire+., as if
herein printed in f„��. Whenever the term "Department" appears in the County
Regulations, it shall mean the "Lake Elmo Planning Department." Whenever the term
"County" appears in the County Regulations, it shall mean the "City of Lake Elmo"
except as used in Section 3.14 of the County Regulations. Whenever the term "local
unit of government appears in the County Regulations, it shall mean the "City of Lake
Elmo."
51.003 EXCEPTIONS TO COUNTY na-DIVAN E REGULATIONS.
(A) The following provisions are adopted in addition to separately from the
Cher 4 adopted in s 51 .002 the County Regulations and are more restricting
restrictive than Chapter 4 of the Washington Development Ce the County
Regulations:
(1) Washington County Development Code Chapter 4; Sectin��Terrni
{ay--"Mound systems are not allowed for new collector systems in the OP Open
Space Preservation District except to replace existing non-compliant
systems.
"
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(2) Washington County Development Code Chapter
Section 22 - Maintenance:
�,I ;
(h) "Sewage tamk4s shall he pumped or inspected by a licenscd crcp� pumper,
or inspected by a state-certified septic inspector every 2 years. A purnping and/e
inspection report shall be submitted to the permitting authority by the purnper or
(o)ORs caste Water Treatment S
(�ollect6r sys-terns in the OP z9ne shall be operate` and maintained
by a
businesslicense�-I v as a service p�}darc� accordanceinr with Minn Rules 7083.
operation and maintenance plan shall be prepared by the developer prior to fiRal plat
approval. The herneowners association shall be responsible for implementing this
plan. included in thisplan shall be both ground water mmenitnrinn, and Miscall
inspections. Biannual reports shall be prepared by the se. vice pi ovider and si ibmitted
to the permitting a ithnrity
(C)Systems Serving Multiple Properties.
(1) Any SSTS system serving two or mere properties shall he designed by a
Rules,registered professional engineer in the State of Minnesota in addition to having all
other necessary certifications and licenses required by Minn. ter ,
including the collect' ent of the shared f
or any component of the
system th-at is Inr-Merl �,githin an asset of the city.
51.004 GENERALLY.
General requirements - community sewage treatment systems.
Lawful connections to community sewage treatment systems. ale,., r-nnner-t;ens
will be allowed, with a city permit,according to the fnll 1 - lit ions
(A) Where when an existing individual sewage treatment system is failing and
where the property in question is near the community sewage treatment system
new connection may he permitter) provided that 4 capacity is available in all
components of the community sewage treatment system.
4B4 A Anew connection to a community sewage treatment system will not be
permitted for new construction, unless the previous structure on the property in
which the new construction occurs was previously connected to the existing
community sewage treatment system. In that event, a city permit is required.
{C4 (B) The fee for new connections shall he eyal--nterl op a race by r•nse heir, will
be determined by the city. 1R geRera-1 tThe new user s14a4 will be responsible for
paying all costs to connect to the system, plus a charge to pay for previously built
drainfield areas.
kD- C) No person(s) shall uncover, make any connections with or opening into, use,
alter, or disturb any community sewage treatment system or appurtenance of the
system without first obtaining a written permit from the city. This provision shall not
apply to certified qualified employees performing tasks within their area of
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certification for which a Permit is not required. The definition of a "certified
qualified employee" shall be as set forth in the County Regulations.
(1997 Code, 5 700.04) (Am. Ord. 08-029, passed 9-21-2010) Penalty, see 5 10.99
51.005 ADMINISTRATION.
(A) Board of Adjustment and Appeals.
(1) Administrative Appeals
(a) An aggrieved party may appeal a decision by the permitting authority
regarding the interpretation or application of the provisions of 55 51 .001 et
seq.
(b) Appeals shall be reviewed and determined by the city's Board of
Adjustment and Appeals.
(2) Variance Procedures
(a) Requests for variances to the provisions of 55 5 1.001 et seq. shall be
reviewed pursuant to the procedures and standards contained in the zoning
code.
No variances with respect to Sections 4.1 , 4.7, 4.8, 4.9, and Sections 16.2
(1) through Section 16.2 (4) of the County Regulations will be considered or
granted by the City. The City may grant a variance with respect to Section
4.8 (4) (A) of the County Regulations for replacement MSTS serving existing
dwellings or other establishments.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08- was adopted on this day of
2016, by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
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ATTEST:
Julie Johnson, City Clerk
This Ordinance was published on the day of , 2016.
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