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6.a Ag use in village Neighborhood district - land spreading of septager N SCA DIA Staff Report Date of Meeting: To: City Council From: Neil Soltis, Administrator Re: V&V Holdings request for approval to land spread septage Background: On April 28, 2015 the Washington County Board of Commissioners passed an updated septic ordinance which included a provision providing the county, and LGUs, the ability to provide oversight of this activity. The county implemented the enforcement of these requirements on 1/1/16 (to allow for county staff to design an effective implementation program). County -issued permits are now required prior to a certified Maintainer applying septage in the county. A required submittal with the permit application (Section 23.3 (12) here) is "Documentation from the local unit of government indicating that the proposed activity is allowed." This provision was added to ensure that local requirements were being met and to allow LGUs a way to effectively opt -out of allowing this practice without the need to adopt an ordinance banning the activity. The county specifically chose not to dictate the form of the local acknowledgement, thereby leaving it up to the appropriate person(s) at the LGU to decide what form the acknowledgement should take (i.e. whether council approval is required, or a planner can sign off, etc). Keith Valento, as partner / owner of V & V Holdings is seeking approval to land spread septage in Scandia. Issue: Should the approval be a zoning decision based on the current development code or should these requests be reviewed and approved by the City Council? Should the approvals be based in general by zoning district or individually by the location where the septage is to be applied? Details / Discussion: Land application of septage (i.e. what gets pumped out of a septic tank) as an agricultural amendment is governed on a federal level, MN has no rules related to this activity. Knowledge of industry practices indicated that there were some gaps in the way operators were adhering to the federal rules (most likely stemming from the fact that there has been no known federal oversight of this activity in MN). In Scandia, the land application of septage would be considered incidental to the use of property for agricultural purposes. Agriculture is a permitted use in the Ag Core, Ag Preserve, General Rural, and Village Neighborhood district. While there is not likely to be a concern in most districts, land spreading has the greatest potential for being problematic in the Village Neighborhood district due to the proximity to a greater density of homes. Options: 1. Allow for administrative review and approval based on the existing zoning 2. Require City Council review and approval for each parcel on which land spreading is proposed. 3. Refer to Planning Commission for consideration of land spreading of septage as a separate use and review of the zoning district where land spreading would be allowed on an approved or conditional basis. Recommendation: The current proposal is to land spread on a large parcel in the ag-core district. I would recommend that administrative approval be allowed based on the zoning code for a specified term. Further, I would recommend that the Planning Commission consider whether land spreading of septage should be considered a separate use and, if so, in which zoning district it would be either approved or conditional.