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HomeMy Public PortalAbout318CITY OF MEDINA ORDINANCE NO.318 AN ORDINANCE AMENDING SECTION 720 OF MEDINA CITY CODE INDIVIDUAL SEWAGE SEPTIC SYSTEMS. The City Council of the City of Medina, Minnesota ordains as follows: Section I. Amendment of Section 720. Section 720 of the City code shall be amended by deleting the stricken material and adding the underscored material as follows: 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 sewage disposal by means of an 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 7080.0950 by reference, excluding Minnesota Rules part 7080.0450 warrantied individual sewage treatment system, and except for as modified in section 720.07 of this ordinance. 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, except as allowed in Subd. 3 below. Such permit shall be valid for a period of twelve (12) months from the date of issuance. Subd. 3. Permits Not Required. Permits shall not be required for the following activities: a. Repair or replacement of pumps, floats or other electrical devices of the pump. b. Repair or replacement of baffles in the septic tank. c. Installation or repair of inspection pipes and manhole covers. d. Repair or replacement of the line from the building to the septic tank. Ordinance 318 1 05-16-00 Subd. 4. License Requirements. No person shall engage in the, inspection, design, installation, construction, alteration, extension, repair, assessment, maintenance or pumping of any ISTS without first obtaining a license to perform such tasks from the Minnesota Pollution Control Agency, except as provided under Minnesota Rules Section Part 7080.0700, subpart 1 and as allowed in Subd. 3 above. Subd. 5. Failing Scptic System . 6 notice of noncompliance shall be ; ea and , a. A failing ISTS shall be upgraded, replaced or its use discontinued within ten (10) imminent threat to health and safety; and b. An ISTS posing an imminent threat to public health or safety shall be upgraded, v,l ;tom e d ntin a with; .z_ ppropr: to time 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 STS. All 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 that can accommodate a standard Gystems ISTS 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 Section 720.06. Regular Assessment and Maintenance Program. Subd 1. The City hereby establishes a program for reviewing all ISTS in the City. Subd 2. Effective Date. All ISTS in existence at the time of this ordinance will be required to be evaluated and submit a completed Assessment and Maintenance Report Form by September 30, 2001. Thereafter, each system will be required to be assessed and if necessary, maintained every three years or before the approval of a land division whichever comes first. 2 Ordinance 318 05-16-00 Subd 3. Assessment and Maintenance Report Form. a. Every three years or upon the receipt of any application for any land division the City shall distribute an Assessment and Maintenance Report Form to all properties with ISTS. b. Property owners shall, at their sole expense, provide for the assessment, pumping, and maintenance of the ISTS. c. A completed Assessment and Maintenance Report Form shall be returned to the City by September 30th of the same year or before the approval of a land division. Subd 4. Assessment and Maintenance Requirements a. ISTS assessment and maintenance shall be conducted pursuant to 7080.0175. Subd. 5 Failure to Complete an Assessment and Maintenance Form. a. In the event a property owner fails to complete the Assessment and Maintenance Report Form and return it to the City as required herein, the City, may take such action as it deems necessary to enforce the assessment and, if necessary, maintenance of the ISTS. Any on -site assessment or maintenance conducted by the City shall be invoiced to the property owner in an amount established by resolution of the City Council. All costs associated with evaluating and maintaining the ISTS may be specially assessed pursuant to MS 429.101. b. Failure to complete an Assessment and Maintenance Report Form will require the replacement of a failing ISTS within 3 years as stated Section 720.06 Subd 6 (a) of this ordinance. Subd. 6. Failing ISTS. A notice of noncompliance regarding an ISTS shall be issued and copies provided to the property owner and to the city within 30 days under the following conditions: a. A failing ISTS shall be upgraded, replaced, repaired or its use discontinued within ten three 4-0(3) years unless it is regularly assessed, as required in this section, 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. 720.07. More Restrictive Standards. Subd. 1. Minnesota Rules section Part 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 Part 7080.0160, subpart 1(C) is modified to require a dosing tank with a minimum capacity of 1,000 gallons. 3 Ordinance 318 05-16-00 Subd. 3. Minnesota Rules section Part 7080.0178, specifying other systems; Section 7080.0400, subpart 2 specifying alternative new technology; and Section 7080.0179, subpart 2 specifying shall be utilized only on developed lots existing on the effective date of this ordinance with existing septic system ISTS which have failed. Systems designed or installed on a slope greater than twelve (12) percent and trench systems constructed on eighteen (18) percent slopes shall be treated as other systems on any lot. Subd. 4. All waste waters discharged into the septic system ISTS shall be metered on all Hon single fa.,.;ly „ses uses except detached single family dwellings7 720.08. 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. Subd. 2. Civil Remedy. In the event of a violation of this ordinance, in addition to other remedies, the city 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 16`h day of May, 2000 by the Medina City Council. B. Ferris, Mayor Paul Roon, Administrator -Clerk -Treasurer Published in the Lakeshore Weekly News this 1st day of June, 2000. 4 Ordinance 318 05-16-00 CITY OF MEDINA ORDINANCE NO. 319 AN ORDINANCE AMENDING THE MEDINA ZONING MAP REGARDING PROPERTY IN SECTION 30, TOWNSHIP 118, RANGE 23, HENNEPIN COUNTY, MINNESOTA The City Council of the City of Medina Ordains as follows: SECTION I: The property legally described in Exhibit A attached hereto is hereby rezoned from urban commercial to suburban residential and the Medina zoning administrator is hereby authorized and directed to cause the city's zoning map to be changed to reflect the zoning amendment. SECTION II: This ordinance shall be effective upon its adoption and publication. Notwithstanding anything herein to the contrary, the mayor and clerk -treasurer -administrator are authorized to execute this ordinance and to cause it to be published only upon approval of an amended Medina comprehensive plan by the Metropolitan Council which changes the land use designation of the property described in Exhibit A from commercial to residential. Adopted by the City Council of the City of Medina this 5th day of July, 2000. B. Ferris, Mayor ATTES Paul Robinson, Administrator -Clerk -Treasurer Published in the Lakeshore Weekly News this 12th day of October, 2000. RHB-182436v 1 ME230-312 Ordinance 319 07-07-01 EXHIBIT A The property subject to the foregoing zoning amendment is described as follows: That part of the west 956.5 feet of the northwest 1/4 of Section 30, Township 118, Range 23 Hennepin County Minnesota, lying southerly of the right-of-way of the Burlington Northern Railway; and That part of the northwest 1/4 of Section 30, Township 118, Range 23 Hennepin County Minnesota that lies southerly of the right-of-way of the Burlington Northern Railway and east of the west 956.5 feet of said northwest quarter. RHB-182436v1 Ordinance 319 ME230-312 07-07-01