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Ordinance 045VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO. 45 AN ORDINANCE ESTABLISHING REGULATIONS FOR THE DEVELOPMENT OF AREAS NOT SERVED BY PUBLIC SANITARY SEWER, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. THE COUNCIL OF THE VILLAGE OF CHANHASSEN ORDAINS: SECTION 1. PURPOSES AND INTENT. The Council of the Village of Chanhassen determines that in areas of the Village not served by public sanitary sewers there are serious problems of water pollution and disposal of sewage which cannot be effectively is or economically dealt with in the development of small tracts or plots of land; that private individual sewage disposal systems have proven unsafe and un- reliable in many instances with the consequence that there has been contami- nation of underground water supplies, pollution of lakes and streams, and the surfacing of sewage effluent to the serious detriment of public health, welfare and safety. The Council therefore declares that for the protection of the public health, safety and welfare of the Village, for the preservation and best use of water and natural resources and for the prevention, control and abatement of water pollution, it is necessary that regulations, standards and procedures be established to govern the development of areas within the Village not presently served by public sanitary sewer. • SECTION 2. PLATS AND SUBDIVISIONS OF LAND. 2.01 Future Plats and Subdivisions. The platting and subdivision of land within areas of the Village not served by the Village sanitary sewer system shall be prohibited until said sewer system is available to serve each such area proposed to be platted or subdivided. 2.02 Unplatted Lands. Residential building permits in areas not presently platted or subdivided by registered land surveys, and which are not served by the Village sanitary sewer system shall be limited to one (1) single family residential permit for each two and one-half (2-1/2) acre tract, which shall have a front yard of not less than fifty (50) feet, a side yard on one side of not less than one hundred (100) feet and a side yard on the other side of not less than ten (10) feet, a rear yard of not less than fifty (50) feet, and which shall adjoin a public road or Village street. The depth of each such tract shall not be greater than two (2) times the width. 2.03 Existing Platted Areas. No building permit shall be issued for residential construction on any lot or tract of land in an existing platted area which is not served by the Village sanitary sewer system unless the lot or tract of land shall contain at least thirty thousand (30,000) square feet, shall have a front yard • of not less than thirty (30) feet, a side yard of not less than ten (10) feet, and a rear yard of not less than thirty (30) feet. For the purposes of this section an existing platted area shall include registered land surveys. Any permit issued under this section shall be limited to single family residential construction. 2.04 Inspection. All proposed building sites under Section 2.02 and Section 2.03 shall be inspected by the Village Building Inspector, and no building permit shall be issued for any site on which, in the opinion of the building inspector, an inadequate drainage or soil porosity condition may exist. 2.05 Lakeshore and Streams. No portion of any individual sewage disposal system shall be installed within 125 feet of the high-water elevation of any lake or stream. For purposes of this section, (a) high-water elevation means the highest level of water observed on lakes or streams during past flood periods, and (b) high water elevation applicable to an individual sewage disposal system shall be the elevation established for the adjoining or nearest lake or stream measured at right angles to the lake or stream. SECTION 3. COMMERCIAL, INDUSTRIAL AND MULTIPLE RESIDENTIAL AREAS. No building permits shall be issued for commercial, industrial • or multiple residential development unless the proposed development site is served by the Village sanitary sewer system. -2- E SECTION 4. VARIANCES. 4.01 Hardship. The Village Council may grant a variance from the requirements of this ordinance as to specific tracts of land where it is shown that by reason of topography, soil conditions, or other physical characteristics strict compliance with these requirements could cause an exceptional or undue hardship to the enjoyment of a substantial property right; provided, that a variance may be granted only if the variance does not adversely affect the purpose and intent of this ordinance. 4.02 Procedure. Written application for a variance shall be filed with the Village Clerk, and shall state fully all facts relied upon by the applicant. The application shall be supplemented with maps, soil studies, and engineering data which may aid in an analysis of the matter. The application may be referred to the Village Engineers for their study, recommendation and report to the Village Council, and the cost of any such referral shall be borne by the applicant. 4.03 Council Action. No variance shall be granted by the Village Council unless it shall have received the affirmative vote of at least four-fifths of the full Council. SECTION 5. SEPARABILITY Every section, subsection or part of this ordinance is de- clared separable from every other section, subsection or part; and if any section, subsection or part thereof shall be held invalid, it shall not affect any other section, subsection or part. 0 -3- • SECTION 6. REPEAL. Subsection 11 of Section I and Subsections 12, 13, 14 and 15 of Section II of Amendment No. 5, passed June 19, 1958, to the Chanhassen Township Zoning Ordinance, and all other ordinances or portions thereof heretofore enacted by the Village of Chanhassen or the Township of Chanhassen conflicting or inconsistent with the provisions of this ordinance are hereby repealed. SECTION 7. VIOLATION AND PENALTY. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $300 or by imprisonment not to exceed 90 days for each offense. • The development of lands and the erection of structures thereon not in accordance with the requirements of this ordinance may be enjoined by any appropriate remedy in any court of competent jurisdiction. SECTION 8. EFFECTIVE DATE This ordinance shall take effect and be in force from and after its passage and publication. ATTEST: Clerk Passed by the Council this 15th day of March 1971. t _O MAYOR Minnetonka Sun and Published in Carver County Sun on the th day of March , 1971.