HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-159CITY 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:
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 groundwater.
51.002 REGULATIONS ADOPTED BY REFERENCE.
Chapter 4 Four of the Washington County Development Code entitled Subsurface
Sewage Treatment Systems Regulations, Ordinance #196 (the "County Regulations"),
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. 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 REGULATIONS.
(A) The following provisions are adopted in addition to the County Regulations and
are more restrictive than the County Regulations:
Mound systems are not allowed for new collector systems in the OP Open
Space Preservation District except to replace existing non -compliant
systems.
51.004 GENERALLY.
General requirements - community sewage treatment systems.
(A) Lawful connections to community sewage treatment systems will be allowed, with
a city permit.
4907490 S1S LA515-4
When an existing individual sewage treatment system is failing and the property in
question is near the community sewage treatment system provided that if capacity is
available in all components of the community sewage treatment system.
A new 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.
(B) The fee for new connections will be determined by the city. The new user will
be responsible for paying all costs to connect to the system, plus a charge to pay for
previously built drainfield areas.
(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
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 51.001et
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 51.001et seq. shall be
reviewed pursuant to the procedures and standards contained in the zoning
code.
(b) 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.
490749A SJS LA515A
SECTION 3. Adoption Date. This Ordinance 08- Awas adopted on this Lam' day of
2016, by a vote of 5 Ayes and 0 Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Ju ' Johnson, ty Clerk
This Ordinance `T-MNas published on the 204kday of Dece-m�aer , 2016.
490749vl SJS LA5154