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2f. City code water dist and sewage disposal 11 Manager's Recommendation: First reading of this ordinance was approved on Arpil 13, 1992. Approval of second and final reading is i � recommended. CITY OF CHANHASSEN DWA CARVER AND HENNEPIN COUNTIES, MINNESOTA (4- 22 -91) ' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE CHANHASSEN CITY CODE CONCERNING BUILDINGS AND BUILDING REGULATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: ' Section 1. Section 7 -16, subparagraphs (b) and (c) of the Chanhassen City Code are amended to read: ' (b) The Minnesota State Building Code in its current edition is adopted by reference. (c) Certain appendices, standards, and supplemental materials referenced in the Minnesota State Building Code are adopted by reference as part of the building code of the City: (1) UBC Appendix, Chapters 38 and 55; ' (2) Minnesota Rules 1990 Section 1305.6905 with Section 3808, subparagraph (c)(7) amended to read: ' Group B -2 offices and postsecondary class- rooms with 2,000 or more gross square feet of floor area or three or more stories in ' height. Section 2. Section 7 -17(b) of the Chanhassen City Code is ' amended to read: The public safety department shall be the Building Code Department. The administrative authority shall be a state "Building Official ". Section 3. Section 7-17(c) of the Chanhassen City Code is ' amended to read: The appointing authority shall be the City Manager. The appointing authority shall designate the building official. ' Section 4. Section 7 -18 of the Chanhassen City Code is amended by adding subparagraph (c) to read: ' (c) In addition to the permit fee required by Section 7- 18(a), the applicant shall pay a surcharge to be remitted 1 ' r02/11/92 to the Minnesota Department of Administration as required by Minn. Stat. 1990 § 16B.70. ' Section 5. Section 7 -19 of the Chanhassen City Code is amended to read: The building official may require that plans and specifi- cations, required under Section 302(b) of the Uniform Building Code, include a survey of the lot upon which the ' proposed building or construction is to be done, prepared and attested by a registered surveyor. An original signature is required on the certificate of survey. The survey shall provide the following information unless otherwise approved ' by the administrative authority: (1) Scale of drawing and north arrow; 1 (2) Legal description of property; (3) Dimensions and bearing of front, rear, and side 1 property lines; (4) Front, rear, and side yard setback dimensions of ' all proposed structures; (5) Location of all existing structures on the ' property, including but not limited to sanitary and storm manholes, hydrants, catch basins, power poles, phone boxes, fences, and any encroachments; ' (6) Outside dimensions of proposed structure(s) including decks, porches, retaining walls (include elevations at bottom of footing and top of wall), stoops, ' stairs, cantilevers, fireplaces, bay and bow windows, egress window wells; (7) Location of a benchmark stake established by the ' surveyor at the front setback line within twenty (20) feet of the proposed structure. Maintenance of the benchmark stake once established by the surveyor shall be the ' responsibility of the permit applicant; (8) Location of stakes established by the surveyor on ' side property lines at: a. front setback line. b. front building line. 1 c. rear building line. The maintenance of these stakes once established by the ' surveyor shall be the responsibility of the permit applicant; 1 -2- 1 1 (9) Location of first floor elevation of buildings on adjacent lots; (10) Location of all easements of record; 1 (11) Existing and proposed grade elevations at the following locations: ' a. Each lot corner. b. Top of curb or centerline of street at each ' lot line extension. c. Corners of proposed structure(s). Structure elevation shall be in accordance with the approved grading or development plan. Grade elevation at front of structure shall be no less than 18" above street centerline or top of curb if no grading plan or development contract exists. All elevations shall correspond to sea level datum of 1929. Benchmark elevations may be available from the City's Engineering Department; ' (12) Indication of direction of surface water drainage by arrows; (13) Erosion control and grading plan if required by Chapter 20 or development contract; (14) Wetland boundaries with ordinary high water level and 100 -year flood elevation if applicable; (15) Driveway grade (minimum - 0.50 %, maximum - 1O%); (16) All trees in excess of six (6) inches in diameter (diameter measured at four (4) feet above grade). Section 6. This ordinance shall be effective immediately upon its passage and publication. ' PASSED AND ADOPTED by the Chanhassen City Council this day of , 1992. ATTEST: Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on , 1992.) -3- CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. ' AN ORDINANCE AMENDING CHAPTER 19 OF THE CHANHASSEN CITY CODE CONCERNING WATER, SEWERS, AND SEWAGE DISPOSAL THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: ' Sect 1. Section 19 -16 of the Chanhassen City Code is repealed. 1 Section 2. Section 19 -18 of the Chanhassen City Code is amended to read: Sec. 19 - 18. Service Shut Off and On. ' (a) Water shall not be shut off for nonpayment of a water bill until notice of an opportunity for a hearing has ' first been given the occupant of the premises involved. The notice shall state that if payment is not made before a day stated in the notice, but not less than thirty (30) days after the date on which the notice is given, the water ' supply to the premises will be shut off. The notice shall also state that the occupant may, before such date, demand a hearing on the matter. If the customer requests a hearing ' before the date specified, a hearing shall be held on the matter by the City Council at its next regular meeting, but not to exceed three (3) weeks after the date on which the ' request is made. If as a result of the hearing, the City Council finds that the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be 1 shut off, the City may shut off the supply. (b) It is unlawful for any person, firm, or corpo- ration to turn on or off any water control valve installed on the City water supply system on City property, right -of- way, or easement. This includes, but is not limited to, all fire hydrants, water main control valves, water service ' control valves for industrial and commercial properties and curb stops for residential water services. The following are exempted by this prohibition: (1) City employees that are authorized to maintain the City water distribution system, or who have administrative approval. 1 r03/04/92 (2) Emergency personnel affiliated with the City for use in emergency situations. This includes the Fire Department. (3) Persons having written approval in their immediate possession from the Utility Super- intendent. ' Properties with water turned on without authorization shall be charged a $100.00 service and water use fee. Properties with new structures under construction shall be required to pay the fee before the Certificate of Occupancy is issued. Section 3. Section 19 -22 of the Chanhassen City Code is 1 amended to read: (a) Work which in any way affects the City's water lines or connections thereto shall be performed only under the direct supervision of a master plumber licensed by the state. Any person, however, with prior approval of the plumbing inspector may apply for a.permit to do plumbing work which complies with the provisions of the minimum standards prescribed by the State Commissioner of Health on premises or that part of premises owned and actually occupied by the worker as a residence. (b) In the event that the permitted work includes any direct contact with the City's water system or the alteration of a City street, the plumber shall file with the City a corporate surety bond approved by the City in the sum of two thousand dollars ($2,000.00) conditioned that he will perform competently all work with due care and skill, and in accordance with state and City laws, ordinances, rules, and regulations. The bond shall provide that the principal and surety shall indemnify and save harmless the City and the owner of the premises for which the work is to be performed against all damages, costs, expenses, and claims of every nature arising out of violation of state and City laws, ordinances, rules and regulations, lack of skill, or negligence on the part of the principal in connection with the performance of any work hereunder or the furnishing of materials therefore. The bond shall remain in force for a period of one (1) year, except that on such expiration it shall remain in force as to all penalties, claims, and demands that may have arisen thereunder prior to expiration. Bond requirements may be waived by the building official for: (1) Persons seeking plumbing permits for work on premises owned and occupied as a residence by permittee. 1 -2- ' (2) Master plumber seeking plumbing permits on premises owned and occupied by permittee's employer. Section 4. Section 19 -23 of the Chanhassen City Code is amended to read: ' (a) Work which is regulated by the Minnesota Plumbing Code, or that affects the City water lines or City water supply shall not be performed without first obtaining a written permit from the City. (b) Application for a Permit. To obtain a permit, the ' applicant shall file a written application on a form furnished by the City's building official for that purpose. Every such application shall: (1) Describe and identify the work to be covered by the permit for which application is made. (2) Describe the land upon which the proposed work is to be done by legal description, street address, or similar description that ' will readily identify and definitely locate the proposed building or work. (3) Indicate the use or occupancy for which the 1 proposed building or work is intended. (4) Be accompanied by plans, diagrams, compu- tations, and other data as required in subparagraph (d) of this section. ' (5) Be signed by the permittee or the permittee's authorized agent, who may be required to submit evidence to indicate such authority. (6) Give such other date and information as may be required by the building official. ' (c) Plans and Specifications. Plans, engineering calculations, diagrams, and other date shall be submitted in one or more sets with each application for a permit. The ' building official may require plans, computations, and specifications to be prepared by and the plumbing designed by an engineer or architect licensed by the state to practice as such. The building official may waive the ' submission of plans, calculations, or other data if the nature of the permit applied for is such that reviewing of plans is not necessary to ensure compliance with the ' Plumbing Code. (d) Permit Issuance. The application, plans, speci- fications, computations, and other data filed by an -3- applicant for permit shall be reviewed by the building ' official. Plans may be reviewed by other City departments to verify compliance with applicable laws. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and Ordinances and that the fees have been paid, the permit shall be issued. , When the building official issues the permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications "APPROVED ". Such approved plans and specifications shall not be changed, modified,.or altered without authorization from the building official and all work shall be done in accordance with the approved plans. The building official may issue a permit for the ' construction of a part of a plumbing system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit may proceed at his or her own risk without assurance that the permit for the entire building, structure, or plumbing system will be granted. (e) Retention of Plans. One set of approved plans, specifications, and computations shall be retained by the building official until final approval of the work covered therein. One set of approved plans and specifications shall be returned to the applicant, and the set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. (f) Validity of Permit. The issuance of a permit or approval of plans, specifications, and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other ordinances of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. The issuance of a permit based upon plans, specifications, computations, and other data shall not prevent the building official thereafter requiring the correction of errors in the plans, specifications, and other data or from preventing building operations being carried on thereunder when in violation of this code or of other City ordinances. (g) Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized 1 -4- by such permit is not commenced within 180 days from the ' date of such permit, or if the work authorized by such permit is suspended or abandoned at any time without an inspection for a period of 180 days. Before such work can be ' recommenced, a new permit shall be first obtained to do so, and the fee shall be one -half the amount required for a new permit for such work, provided no changes have been made or ' will be made in the original plans and specifications for such work and provided further that such suspension or abandonment has not exceeded one year. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. A permittee holding an unexpired permit may apply for an extension of the time within which the ' permittee may commence work under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. ' The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond ' the control of the permittee have prevented action from being taken. (h) Suspension or Revocation. The building official ' may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinance or regulation of the jurisdiction. tY (i) Investigation Fees: Work Without a Permit. ' Whenever work for which a permit is required by this ordinance has been commenced without first obtaining said permit, a special investigation shall be made before a ' permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this ordinance if a permit were to be issued, the payment of such investi- gation fee shall not exempt any person from compliance with all other provisions of this ordinance, nor from any penalty prescribed by law. Section 5. Section 19 -27(a) of the Chanhassen City Code is amended to read: I • (a) Inspections of all interior plumbing and exterior services, including connection to the municipal water system, are required. The permit holder is responsible to ' arrange for such inspections which are performed between 8:00 a.m. and 4:00 p.m. on weekdays, except public holidays. ' -5- Section 6. Section 19 -41 of the Chanhassen City Code is ' amended to read: Sec. 19 - 41. Connection Required. ' (a) The owner of each existing building or structure from which sewage or industrial waste is drained and which is located on premises adjacent to a sewer of the City sanitary sewer system, or in a block through or to which the sanitary sewer system extends, or is within one hundred fifty (150) feet of said sanitary sewer system, shall cause , the premises to be connected with the sanitary sewer system of the City within twelve (12) months after such connection becomes available to any such premises, unless in the opinion of the City Council after consultation with the City Engineer it is neither feasible nor practical to make such connection. (b) All buildings and structures constructed within the City after March 11, 1985, on premises adjacent to a sewer of the City sanitary sewer system, or in a block through or to which the sanitary sewer system extends, or is within one hundred fifty (150) feet of said sanitary sewer system, shall be connected to the City sanitary sewer system for the disposal of sewage or industrial waste. (c) Any person required by this section to connect premises with the sanitary sewer system shall cause such connection to be made within thirty (30) days after receipt of written notice from the City ordering the connection. Service of the notice shall be sufficient if served personally upon such person or served by certified mail addressed to such person at the premises. (d) Whenever any owner shall fail to comply with such written notice, the City Council may by resolution direct that a connection be made with the sanitary sewer and that the cost of the installation be assessed against the property benefitted. (e) After such City installation and connection is completed by order of the City Council, the City Clerk shall serve a written notice of the assessment upon the owner directing the owner to pay said assessment to the City within ten (10) days after the service of said notice. If such assessment is not paid within ten (10) days, the City Clerk shall certify the amount thereof to the County Auditor for collection in the same manner as other special assess - • ments for such a period and under such terms as the City Council shall determine. Section 7. Section 19 -42 of the Chanhassen City Code is ' amended to read: -6- 11 11 Sec. 19 -42. Persons Authorized to Make Connections, etc.; Bond. (a) Work which in any way affects the City's sewer ' lines or connections thereto shall be performed only under the direct supervision of a master plumber licensed by the state. Any person, however, with prior approval of the plumbing inspector may apply for a permit to do plumbing work which complies with the provisions of the minimum standards prescribed by the State Commissioner of Health on premises or that part of premises owned and actually occupied by the worker as a residence. (b) In the event that the permitted work includes any ' direct contact with the City's sewer system or the alteration of a City street, the plumber shall file with the City a corporate surety bond approved by the City in the sum of two thousand dollars ($2,000.00) conditioned that he will ' perform competently all work with due care and skill, and in accordance with state and City laws, ordinances, rules, and regulations. The bond shall provide that the principal and surety shall indemnify and save harmless the City and the owner of the premises for which the work is to be performed against all damages, costs, expenses, and claims of every nature arising out of violation of state and City laws, ordinances, rules and regulations, lack of skill, or negligence on the part of the principal in connection with the performance of any work hereunder or the furnishing of materials therefore. The bond shall remain in force for a period of one (1) year, except that on such expiration it shall remain in force as to all penalties, claims, and ' demands that may have arisen thereunder prior to expiration. Bond requirements may be waived by the building official for: ' (1) Persons seeking plumbing permits for work on premises owned and occupied as a residence by permittee. (2) Master plumber seeking plumbing permits on premises owned and occupied by permittee's employer. Section 8. Section 19 -43 of the Chanhassen City Code is amended to read: (a) Work which is regulated by the Minnesota Plumbing Code, or that affects the City water lines or City sanitary ' sewer system shall not be performed without first obtaining a written permit from the City. ' (b) Application for a Permit. To obtain a permit, the applicant shall file a written application on a form furnished by the building official for that purpose. Every such application shall: -7- 1 (1) Describe and identify the work to be covered , by the permit for which application is made. (2) Describe the land upon which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work. 1 (3) Indicate the use or occupancy for which the proposed building or work is intended. 1 (4) Be accompanied by plans, diagrams, compu- tations, and other data as required in subparagraph (d) of this section. (5) Be signed by the permittee or the permittee's authorized agent, who may be required to ' submit evidence to indicate such authority. (6) Give such other date and information as may be required by the building official. (c) Plans and Specifications. Plans, engineering calculations, diagrams, and other data shall be submitted in one or more sets with each application for a permit. The building official may require plans, computations, and specifications to be prepared by and the plumbing designed • by an engineer or architect licensed by the state to practice as such. The building official may waive the submission of plans, calculations, or other data if the nature of the permit applied for is such that reviewing of plans is not necessary to ensure compliance with the Plumbing Code. (d) Permit Issuance. The application, plans, speci- fications, computations, and other data filed by an applicant for permit shall be reviewed by the building official. Plans may be reviewed by other City departments to verify compliance with applicable laws. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances and that the fees have been paid, the permit shall be issued. 1 When the building official issues the permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications "APPROVED ". Such approved plans and specifications shall not be changed, modified, or altered without authorization from the building official and all work shall be done in accordance with the approved plans. -8- 1 1 The building official may issue a permit for the construction of a part of a plumbing system before the entire plans and specifications for the whole system have 1 been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such 1 permit may proceed at his or her own risk without assurance that the permit for the entire building, structure, or plumbing system will be granted. 1 (e) Retention of Plans. One set of approved plans, specifications, and computations shall be retained by the building official until final approval of the work covered 1 therein. One set ,of approved plans and specifications shall be returned to the applicant, and the set shall be kept on the site of the building or work at all times during which ' the work authorized thereby is in progress. (f) Validity of Permit. The issuance of a permit or approval of plans, specifications, and computations shall 1 not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other ordinances of the jurisdiction. Permits presuming to give 1 authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. 1 The issuance of a permit based upon plans, specifications, computations, and other data shall not prevent the building official thereafter requiring the correction of errors in 1 the plans, specifications, and other data or from preventing building operations being carried on thereunder when in violation of this code or of other City ordinances. 1 (g) Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized 1 by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time without an 1 inspection for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee shall be one -half the amount required for a new 1 permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work and provided further that such suspension or abandonment has not exceeded one year. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. A permittee holding an unexpired permit may apply for an extension of the time within which the permittee may commence work under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. -9- 1 The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. (h) Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinance or regulation of the jurisdiction. (i) Investigation Fees: Work Without a Permit. Whenever work for which a permit is required by this ordinance has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. , An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this ordinance if a permit were to be issued, the payment of such investi- gation fee shall not exempt any person from compliance with all other provisions of this ordinance, nor from any penalty prescribed by law. Section 9. Section 19 -44 of the Chanhassen City Code is 1 amended to read: (a) No person shall discharge or cause to be discharged 1 any substance not requiring treatment or any substance not acceptable for discharge, as determined by the City of Chanhassen or the Minnesota Pollution Control Agency, into 1 the sanitary sewer system. Only sanitary sewage from approved plumbing fixtures may be discharged into the sanitary sewer system. Unacceptable discharges include, but are not limited to, stormwater, groundwater, roof runoff, yard drainage, foundation drainage, pond overflow, and the discharge from a sump pump. (b) Any person who makes any connection, direct or indirect, to the sanitary sewer system for the purpose of discharging an unauthorized substance into the system shall immediately remove such connection. (c) All construction involving the installation of clear water sump pits or sump pumps to be used for drainage purposes shall include a convenient outside discharge pipe. This discharge pipe shall be installed in accordance with the plumbing code and shall start at the sump pit and extend through the exterior of the building and terminate with not less than six (6) inches of exposed pipe. This discharge -10- pipe shall be provided for all sump installations with no regard as to whether the pump is actually installed. Section 10. Section 19 -78 of the Chanhassen City Code is amended to read: (a) The rules relating to or known as, Individual Sewage Treatment Systems and Standards and Appendix A is adopted by reference and made a part of this section as if set down fully herein. (1) The table in Minnesota Rules 7080.0130, subpart 3 is amended to read as follows: LIQUID CAPACITY OF SEPTIC TANK No. of Tank Liquid ' Bedrooms Capacity- Gallons 2 or less 1,125 3 or 4 1,500 5 or 6 2,250 ' 7,8, or 9 3,000 Two (2) septic tanks or a compartmented tank ' is required. (2) Section 7080.0200 is deleted in its entirety. ' Section 11. Section 19 -79 of the Chanhassen City Code is amended by deleting the following subparagraphs: 19- 79(b), 19- 79(o), 19- 79(p), 19- 79(q), and 19- 79(r). • 1 Section 12. Section 19 -79(s) of the Chanhasseg City Code is amended to read: ' (s) Individual sewage treatment sites, both the primary and the alternate, must be fenced off to prevent alteration of the soil. Protective fencing must be installed ' before any site improvements begin and must remain in place until permanent vegetation has been established. If soils at the site(s) are altered, new site(s) must be identified in a ' revised permit application accompanied with the required soil data and fees. 1 Section 13. Section 19 -82 of the Chanhassen City Code is amended by adding subparagraph (d) to read: (d) Septic sludge shall be removed through the septic 1 tank manhole, not through inspection pipes. Section 14. Section 19 -82(a) of the Chanhassen City Code is amended to read: (a) The owner of any individual sewage treatment system shall properly clean the septic tank at least once every two -11- 1 (2) years or sooner if necessary in order to prevent the sludge from reaching any point closer than twelve (12) inches from the bottom of the outlet baffle or the scum from reaching a point closer than three (3) inches above the bottom of the outlet baffle. The owner of an individual sewage treatment system must submit documentation as provided by the City every two (2) years verifying that the treatment system has been cleaned. The owner of an individual sewage treatment system may request to delay cleaning of the septic tank if a certified individual measures the accumulated sludge in the septic tank to determine whether or not the cleaning frequency of every two (2) years is necessary. A certified report must be submitted to the building inspector for approval. Section 15. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this day of , 1992. ATTEST: Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on , 1992.) 1 1 1 1 1 1 1 -12- 1