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HomeMy Public PortalAbout308 aTHE CITY OF MEDINA ORDINANCE NO.308a AN ORDINANCE AMENDING THE MEDINA CITY CODE BY REPEALING EXISTING REGULATIONS AND INCORPORATING BY REFERENCE MINIMUM STANDARDS AND REQUIREMENTS ESTABLISHED BY MINNESOTA STATUTES AND THE RULES OF THE MINNESOTA POLLUTION CONTROL AGENCY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS: Section I. Repeal. Section 720 of the Medina city code is hereby repealed in its entirety. Section II. Adoption of Individual Sewage Treatment Standards. The Medina city code is hereby amended by adding the following: 720. INDIVIDUAL SEWAGE TREATMENT STANDARDS 720.01. Purpose and Intent. The purpose of this ordinance is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and septic disposal, including the proper location, design, construction, operation, maintenance and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety; and to eliminate or prevent the development of public nuisances, all pursuant to the authority granted under Minnesota Statutes Chapters 115 and 145A and Minnesota Rules Chapter 7080, as amended. 720.03. General Provisions. Subd. 1. Standards Adopted by Reference. The city hereby adopts Minnesota Rules Parts 7080.0010 through 7080.0315 and 7080.0919 by reference. Subd. 2. Permits. No person shall install, alter, repair or extend any ISTS in the city without first applying for and obtaining a permit from the building official and paying the required fee. Such permit shall be valid for a period of twelve (12) months from the date of issuance. Subd. 3. License Requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of ISTS without first obtaining a license to perform such tasks from the Minnesota Pollution Control Agency, except as provided under Minnesota Rules section 7080.0700, subpart 1. Subd. 4. Failing Septic Systems. A notice of noncompliance shall be issued and copies provided to the property owner and to the city within 30 days under the following conditions: RHB-172882v I ME230-5 1 Ordinance 308a 02-16-99 a. A failing ISTS shall be upgraded, replaced or its use discontinued within ten (10) years unless it is regularly inspected by a licensed individual and not found to be an imminent threat to public health and safety. The system may continue to be used until it is found to be an imminent threat to health and safety; and b. An ISTS posing an imminent threat to public health or safety shall be upgraded, repaired, or its use discontinued, within an appropriate time no greater than 10 months. Section 720.05. Additional Soil Treatment Area Requirements. Subd. 1. All new lots created after the effective date of this ordinance, all lots which are existing on the date of this ordinance, and all undeveloped lots, shall include at least one additional designated soil treatment area which can support a standard soil treatment system. A11 soil treatment areas shall be protected before, during and after construction on the lot. The method of protection of the additional soil treatment area shall be approved by the building official and may include, but is not limited to, snow fencing, permanent fencing and silt fencing. No building permit shall be issued for construction on any property within the city until at least two soil treatment areas have been identified and protected on all parcels for which a building permit is applied for. lots: Subd. 2. The following minimum setback requirements from the ISTS shall apply on all a. Any water well supply 50 feet b. Water under pressure 10 feet c. Wetlands 75 feet d. Property Lines 10 feet 720.07. More Restrictive Standards. Subd. 1. Minnesota Rules section 7080.0130, subpart 3(A) is modified by requiring at least two septic tanks with a minimum capacity of 1,000 gallons each. Subd. 2. Minnesota Rules section 7080.0160, subpart 1(C) is modified to require a dosing tank with a minimum capacity of 1,000 gallons. Subd. 3. Minnesota Rules section 7080.0910, specifying alternative and experimental systems, shall be utilized only on developed lots existing on the effective date of this ordinance with existing septic system which have failed. Systems designed or installed on a slope greater than twelve (by) percent shall be considered experimental on any lot. Subd. 4. All waste waters discharged into the septic system shall be metered on all non single family uses. 720.0. Enforcement. Subd. 1. Criminal Penalty. Any person who violates any provision of this ordinance or who makes any false statement on a certificate of compliance, shall be guilty of a misdemeanor. RHB-172882v I ME230-5 2 Ordinance 308a 02-16-99 Subd. 2. Civil Remedy. In the event of a violation of this ordinance, in addition to other remedies, the city attorney may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations. Subd. 3. Permits. No building permit, certificate of occupancy, license, or other permit shall be issued for the construction upon use or occupation of any parcel of property within the city unless the requirements of this ordinance are met with respect to said parcel of property. Section III. Effective Date. This Ordinance shall be effective from and after its passage and publication in accordance with law. Adopted this 16th day of February, 1999 by the Medina City Council. Paul Robinson, Clerk -Treasurer RHB-172882v1 ME230-5 CITY OF MEDINA ‘, n B. erris, Mayor Published in the Lakeshore Weekly News this 9th day of December, 2000. 3 Ordinance 308a 02-16-99 RHB-172882v1 ME230-5 (THIS PAGE LEFT BLANK INTENTIONALLY) 4 Ordinance 308a 02-16-99 STATE OF MINNESOTA COUNTY OF HENNEPIN I, the undersigned publisher or editor of the Lakeshore Weekly News, swear that said the newspaper has its office of issue at 18178 Minnetonka Blvd, in the City of Wayzata, in the County of Hennepin, State of Minnesota, and is a third class free distribution newspaper with a combined circulation of 25,000. I further state an oath that the printed Legal Notice hereto attached as a part hereof was cut from the columns of said newspaper, and was printed therein in the English language one a week for weeks(s), that it was first so publishe the `�z day of fi p r t l ,19 1 and last appeaxed on the 1ST day of 191g. The following is a copy of t,e \ower case alphabet which is acknowledged to have been the size and kind or type used in the publication of said notice. abcefyhijIdmnopgrstuv xyz Signed__ j ublisher Subsribed and swom to before me this `% day of 721 , 19 71 Notary Public AMY L. CICCHESE NOTARY PUSUC.: - MINNESOTA My Commission Expires Jan. 31, 2000 CITY OF MEDINA PUBLIC NOTICE ORDINANCE N 308 ADDING SECTION 825.53 TO THE CITY CODE RELATING TO PRINCIPAL USES The city council of the city of. Medina has adopted Ordinance No. 308. The ordinance amends section 720 of the city's code of ordinances regarding individual sewage treatment systems. The ordinance was adopted in response to recent changes in state law and allows the city to continue to regulate individual septic systems within the community. Although the ordinance generally adopts the Minnesota state rules commonly referred to as "7080", the ordinance is more stringent in certain respects than state law. For example, Medina will continue to require two septic sites, a primary and an alternative, for each lot and will allow experimental septic systems only on sites which have been previously developed and on which the existing system has failed. The full text of Ordinance No. 308 is available for inspection at Medina city hall during regular business hours. Adopted by the City Council of the City of Medina on March 2, 1999. Paul Robinson City Clerk -Treasurer Published in the Lakeshore Weekly News this 1st day of April,1999. -.TE OF MINNESOTA COUNTY OF I-IENNEPIN 1, the undersigned publisher or editor of the Lakeshore Weekly News, swear that said the newspaper has its office of issue at 10001 Wayzata Blvd, in the City of Minnetonka, in the County of Hennepin, Stale of Minnesota, and is a third class free distribution newspaper with a combined circulation of 25,000. 1 further state an oath that the printed Legal Notice hereto attached as a part hereof was cut from the columns of said newspaper, and was printed therein in the English language one a week for weeks(s), that it was first so published on the .4, day of .deer ,19 919, and last appeared on the `1 day of ec. , 19 91 The following is a copy of the lower case alphabet which is acknowledged to have been the size and kind or type used in the publication of said notice. abcdefghijklmnopgrstvwxyz . Signed / // (Publisher or Subscribed and sword to before me this day of ,19 Notary Public .k111116; GARDNER A LEPP NOTARY PUBLIC - MINNESOTA My Commission Expires 1/31/2005 CITY OF, MEDINA PUBLIC NOTICE CITY OF MEDINA ORDINANCE NO. 308a A COMPREHENSIVE REVISION OF THE CITY'S ORDINANCE RELATED TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS The city council of the city of Medina has adopted Ordinance No. 308a. The ordinance amends section 720 of the city's code of ordinances regarding individual sewage treatment systems. The ordinance was adopted in response to recent changes in state law and allows the city to continue to regulate individual septic systems within the community. Although the ordinance generally adopts the Minnesota state rules commonly referred to as "7080", the ordinance is more stringent in certain respects than state law. For example, Medina will continue to require two septic sites, a primary and an alternative, for each lot and will allow experimental septic systems only on sites which have been previously developed and on which the existing system has failed. The full text of Ordinance No. 308a is available for inspection at Medina city hall during regular business hours. Adopted by the City Cduncil of Medina on March 2, 1999. Paul Robinson, City Clerk -Treasurer Published in the Lakeshore Weekly News this 9th day of December,1999.