Ordinance 523CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. 523,
CHAPTER 19 OF THE CHANHASSEN CITY CODE,
WATERS, SEWERS AND SEWAGE DISPOSAL,
ARTICLE IV,
SUBSURFACE SEWAGE TREATMENT SYSTEMS.
This code amendment adopts by reference Carver County Ordinance 67-2010, Subsurface
Sewage Treatment Systems with certain amendments. The purpose of this code amendment is to
provide purpose, intent, authority and definitions for subsurface water treatment systems regulation;
provide general provisions; establish subsurface water treatment systems standards; permit
retroactivity provisions for subsurface water treatment systems; provide upgrade, repair,
replacement and abandonment standards for subsurface water treatment systems; require subsurface
water treatment systems construction permits; require subsurface water treatment systems
management plans; provide subsurface water treatment systems requirements; list prohibitions;
permit variance applications; require subsurface water treatment systems practitioner licensing;
establish administration requirements; require subsurface water treatment systems compliance
inspection program; and establish enforcement procedures. The ordinance provides specific
exceptions and modifications to Carver County Ordinance 67-2010.
A printed copy of Ordinance No. 523 is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
rd
PASSED, ADOPTEDAND APPROVED FOR PUBLICATION this 23
, day of May,
2011, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
AN
Thus A. Fj trlong, Mayor
1', Ydd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on June 9, 2011)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 523
AN ORDINANCE AMENDING
CHAPTER 19 OF THE CHANHASSEN CITY CODE,
CONCERNING SUBSURFACE SEWAGE TREATMENT SYSTEMS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Chapter 19, Article IV of the City Code is amended to provide as follows:
SUBSURFACE SEWAGE TREATMENT SYSTEMS
Sec. 19-66 Carver County Ordinance 67-2010, Subsurface Sewage Treatment Systems Purpose,
Intent, and Authority, is hereby adopted by reference and incorporated herein subject to the
amendments setforth in this Article.
Sec. 19-67 the following amendments to Carver County Ordinance 67-2010 are adopted:
(1) With the exception of references to the "Department of Health,,, all references to
"Department" are changed to "City.,,
(2) With the exception of references to the ``County Auditor", all reference to the '*County„ or to
"Carver County" are changed to `City."
(3) Section 52.031 G. is amended to read as follows: Minnesota Rules, Chapter 7080.2150,
Subpart 2, Table VII, is amended to include: Setbacks from the soil treatment and dispersal
area for above grade systems, including but not limited to: mound and at grade systems, will
be measured from the toe of the slope to any property line(s) and/or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SST' to
slopes greater than 20%. Setback of 50 feet from the SSTS to a bluff.
(4) Section 52.031 H. is amended to read as follows: Minnesota Rules, Chapter 7080.2220,
Subpart 2, Item B, is amended to include: Setbacks from the soil treatment and dispersal area
for above grade systems, including but not limited to: mound and at grade systerns, will be
measured from the toe of the slope to any property line(s) and/or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to
slopes greater than 20%. Setback of 50 feet from the-SSTS to a bluff.
(5) Section 52.031 J. is amended to read as follows: Minnesota Rules, Chapter 7080.2230,
Subpart 2, Item C, is amended to include: Setbacks from the soil treatment and dispersal area
for above grade systems, including but not limited to: mound and at grade systems, will be
measured from the toe of the slope to any property line(s) and/or road right of way(s).
Setback of 10 feet from the SSTS to a swimming pool. Setback of 20 feet from the SSTS to
slopes greater than 20%. Setback of 50 feet from the SSTS to a bluff.
(6) Section 52.032 is amended to read as follows: SSTS must be designed and installed to
comply with the following minimum setback distances measured in feet:
Soil Treatment
Building Sewer
Feature
Tank(s)/
and Dispersal
or Supply
Sealed Privy
Area/ Unsealed
Pipes
Privy
Private, single family water
supply well with less than 50 feet
50
100
50
of casing and not encountering
10 feet of impervious material.'
Any other private, single family
water supply well or buried
50
50
50
water suction pipe.'
Buried pipe distributing water
10
10
10
under pressure.'
Structure(s)4
10
20
-
10
Above grade
Property Lines and Road Right
10
systems will
-
of Ways.
be measured
from the toe
of the slope'
Ordinary High Water mark of
150
150
-
Natural Environmental Lakes.
Ordinary High Water mark of
Recreational Development Lakes
75
75
and Protected Water Courses.7
Ordinary High Water mark of
50
50
_
General Development Lakes.7
Swimming Pool.
10
10
-
Slopes of 20% or greater.
20
20
-
Bluff.
(Average Grade 2 5% Slope and
50
50
has a 25, Rise in Elevation.)
' (Minnesota Rules, Chapter 7080.1710, Item B and Minnesota Rules, Chapter 4725)
2 (Minnesota Rules, Chapters 4725 and 4715)
3 (Minnesota Rules, Chapter 4715)
4 (Minnesota Rules, Chapter 7080.215 Table V I I )
(Minnesota Rules, Chapter- 7080.215 Table VII)
6 ( When lot size prohibits meeting the required 10' setback from the toe of the slope, the 10' setback may be
measured from the absorption area, with Department approval and a survey verifying the proposed setback.
Said survey must be provided by the property owner- at the property owner's expense.)
7 (Shoreland Management Act and Minnesota Rules, Chapters 6105 and 6120)
(7) Section 52.052 shall be deleted.
(8) Section 52.061 shall read as follows: An SSTS construction permit must be obtained by a
licensed contractor from the City prior to the installation, construction, replacement,
modification, alteration, repair, or capacity expansion of an SSTS. The purpose of this
permit is to ensure that the proposed construction activity is sited, designed, and constructed
in accordance with the provisions of this Chapter by appropriately certified and/or licensed
SSTS professional(s).
(9) Section 52.072 shall be amended to read as follows: An SSTS construction permit shall not
be transferred to a new property owner or different licensed SSTS installer. The licensed
SSTS installer must amend the SSTS construction permit in accordance with this Article.
(10) Section 52.143 D. is deleted.
(11) Section 52.144 B. 1. is deleted.
(12) Section 52.167 B. is amended to read as follows: When a compliance inspection is required
and cannot be completed, due to frost conditions, during the period of November 1 to April
30, permits or land use application(s) pursuant to 5 52.167 (A) can be issued provided an
escrow account is provided in the amount of 110 percent of the estimated cost for the
compliance inspection. A compliance inspection must be performed before the following
June 1 and/or the SSTS is brought into compliance by the following September 30.
(13) Section 52.169 A. 3. is amended to read as follows: If the seller fails to provide a
Certificate of Compliance, sufficient security must be established in the form of an escrow
account to assure the installation of a complying SSTS. The security, in the amount of 110
percent of the estimated cost for the SSTS improvement, shall be placed in an escrow with a
licensed real estate closer, licensed attorney -at -law, or federal or state chartered financial
institution. The SSTS must be installed within the time frame established in § 52.050 and
52.051. After a complying SSTS has been installed and a Certificate of Compliance issued,
the escrow may be released.
(14) Section 52.169 B. 6. is deleted.
(15) Section 52.169 C is amended to read as follows: All property conveyances subject to this
Article occurring during the period between November I st and April 30th, and SSTS
compliance cannot be determined due to frozen soil conditions, shall have an escrow account
established in the amount of 110 percent of the estimated cost for the SSTS improvement.
The buyer is responsible to have the compliance inspection completed by the following June
1 st by a licensed SSTS inspector. If, upon inspection, the SSTS is found to be in compliance,
the funds in escrow may be released. If, upon inspection, the SSTS is found to be non-
compliant, the SSTS shall be brought into compliance within 10 months from the date of
property transfer.
J
Section 2. This ordinance shall be effective June 13, 2011 after its adoption and publication.
PASSED AND ADOPTED this 23rd day of May, 2011, by the City Council of the City of
Chanhassen, Minnesota
o d Gerhardt, City Manager
Thomas A. Furlong, MayorC
( Summary Ordinance published in the Chanhassen V illuget- on June 9, 2011)
4
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE
NO. 523,
CHAPTER 19 OF THE
CHANHASSEN CITY CODE,
WATERS, SEWERS AND
SEWAGE DISPOSAL,
ARTICLE IV,
SUBSURFACE SEWAGE
TREATMENT SYSTEMS.
This code amendment adopts by
reference Carver County Ordinance
67-2010, Subsurface Sewage Treat-
ment Systems with certain amend-
ments. The purpose of this code
amendment is to provide purpose,
intent, authority and definitions for
subsurface water treatment systems
regulation; provide general provi-
sions; establish subsurface water
treatment systems standards; per-
mit retroactivity provisions for sub-
surface water treatment systems;
provide upgrade, repair, replace-
ment and abandonment standards
for subsurface water treatment
systems; require subsurface water
treatment systems construction
permits; require subsurface water
treatment systems management
plans; provide subsurface water
treatment systems requirements;
list prohibitions; permit variance
applications; require subsurface wa-
ter treatment systems practitioner
licensing; establish administration
requirements; require subsurface
water treatment systems compli-
ance inspection program; and estab-
lish enforcement procedures. The
ordinance provides specific excep-
tions and modifications to Carver
County Ordinance 67-2010.
A printed copy of Ordinance
No. 523 is available for inspection
by any person during regular of-
fice hours at the office of the City
Manager/Clerk.
PASSED, ADOPTED, AND AP-
PROVED FOR PUBLICATION this
23rd day of May, 2011, by the City
Council of the City of Chanhas-
sen.
CITY OF CHANHASSEN
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager/
Clerk
(Published in the Chanhassen
Villager on Thursday, June 9, 2011;
No. 4513)
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she ;s the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. `-/ ,
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijklmnopqrstuvwxyz
Subscribed and sworn before me on
y,
this day of ; ,�, _.- - 2011
Notary ublic
4By-� Laurie A. Hartmann
jux "x
JYMMF .1 E3ARK
iPI_!C - MINNESOTA
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ......... ............... $31.20 per column inch
Rate actually charged for the above matter . ............... ..................... $12.59 per column inch