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8.b)4) Ordinance 168 - septic system444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651-292,4400 tkda.com 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. An employee owned company promoting affirmative action and equal opportunity 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