8.b)4) Ordinance 168 - septic system444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651-292,4400
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TKDA
Memorandum
To: Scandia City Council Reference: Septic System Ordinance Update
Copies To: Neil Soltis, City
Administrator
Brenda Eklund. Citv Clerk
From: Sherri Buss, RLA AICP,
Planner
Date: February 3. 2016
Background
Project No.: 16023.000
Routing:
Washington County's Health Department contacted the City in 2015 and requested that the
City's Development Code be updated to adopt the County's Subsurface Septic System
Ordinance (Chapter Four of the County's Development Code), and clarify that the City will
handle variances related to setbacks and zoning issues. This portion of the Development Code
was not updated after New Scandia Township incorporated as a City to reflect the change in
zoning authority.
County staff indicated that the current reference to the County code in our ordinance does not
make it clear that the County will handle variance requests that relate to the technical
requirements of septic systems, and the City will handle variances related to setbacks and
zoning. The County ordinance states that modifications related to zoning will be heard by the
Washington County Board of Adjustment and Appeals. This has created some confusion about
roles in handling variances in recent applications such as the Helms variance in 2014. The
Helms tried to appeal to the County to overturn the City's decision and conditions for that
variance based on the language in the County ordinance. The County refused to hear the
appeal because the City has zoning authority, and has requested that the City amend its code
to try to avoid similar situations in the future.
Staff reviewed ordinances from other cities in Washington County that rely on the County to
enforce its Subsurface Septic System Ordinance requirements within those cities, including
those from Hugo, Forest Lake, and Cottage Grove. The proposed amendment, attached, is
based on the language that was used in those ordinances.
Planning Commission Public Hearing and Recommendation
The Planning Commission held a public hearing on the proposed ordinance amendment at its
meeting on February 3rd. The Commission received no comments on the amendment. The
Commission recommended that the Council approve the amendment to the Development Code.
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CITY OF SCANDIA
ORDINANCE NO. 168
AN ORDINANCE AMENDING
ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE,
CHAPTER 2, SECTION 3.1 REGARDING SUBSURFACE SEPTIC SYSTEMS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code", or "Code"), Chapter Two, Section 3.1, Sewage Treatment,
3.1 General Standards. All lots or uses will be subject to these general standards as well as other
specific regulations that apply to the lot or the proposed use:
(1) Code Compliance.
All principal buildings shall meet or exceed the minimum standards of the Minnesota
Building Code, the Minnesota State Uniform Fire Code, the Minnesota Department of
Health, the Minnesota Pollution Control Agency, and the Washington County individual
Subsurface Sewage Treatment System Regulations, except that manufactured homes shall
meet or exceed the requirements of the state of Minnesota Manufactured Home Building
Code in lieu of the Minnesota State Building Code.
(2) Sewage Treatment.
All applioants for- a pei:mit r-e"ir-ed by this Development Gode shall, as ,
de-monstfate that a sewage tfeatment system eaft be installed in aeeer-da-nee with the
S4sttr-faee Sewage T-r-eatment System Regulations of the Washington CoupAy
Development Gede Chapter 4 of the Washington County Development Code entitled
"Subsurface Sewage Treatment" as amended is hereby adopted by reference as if herein
printed in full. However, Variances and modifications related to setbacks or zoning
(Section 3.3 of Chapter 4, Variance Procedures) shall be heard by the Scandia City
Council, not the County Board of Adjustment and Appeals.
Water usage of any proposed use shall conform with o the long-term sewage treatment
capacities of each individual lot. The system, or systems, shall be designed to receive all
sewage from the dwelling, building or other establishment served. Footing or roof
drainage shall not enter any part of the system. Products containing hazardous materials
shall not be discharged to the system other than a normal amount of household products
and cleaners designed for household use. Substances not used for household cleaning,
including but not limited to, solvents, pesticides, flammables, photo finishing chemicals,
or dry cleaning chemicals, shall not be discharged to the system.
Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
Ordinance No. 166 Page 1 of 2
Passed and adopted by the City Council of the City of Scandia this , 2016.
Randall Simonson, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk
Ordinance No. 166 Page 2 of 2