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1f-9 AdoptOrd Ch19 H2O&SewageCITYOF CHANHASSEN 7FP3 ,lar,<~i PO B',,) rr, ? Ci a'kasser MN Administration ?i'gr 952 227 1!0(3 ~a× c952 227 11}0 Building Inspections 2 2x, 1 ,~a~ %2 227 111)0 Engineering P!,':, 952 22'IWi F: ~c2271 ..... Finance F?~,:, (: 952 227 1i,10 952 227 1110 Park & Recreation Pl)n ,!52227 !!20 Fa, 952 P21:1110 R?,;rea!i )il 23i0 Ooult(}r BgulevartJ ?hoJe 952227 1400 Fax 9522271404 Planning & Natural Resources ~9ne 952 227 I~30 F.ax 952 227 1! !O Public Works i591 Park Road P r. 952 227 !300 F.~x 952 2271310 Senior Center Pf :,1 (: !)52227 !125 F,¥~ !352 227111,3 Web Site MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manger Bob Generous, Senior Planner December 8, 2003 SUB J: Adoption of Ordinance, Chapter 19, Chanhassen City Code, Water, Sewer and Sewage Disposal; Approval of Summary Ordinance for Publication Purposes ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment; however, a 4/5ths vote is required for approval of the summary ordinance for publication purposes. BACKGROUND Over the past two years, the city has been reviewing proposed changes to City Code. Our overall intent is to try to make the code easier to understand and use by addressing problems in the code, overlapping code requirements, clarifying ordinance language, procedures or processes and consolidating the City Code. The proposed changes to Chapter 19 have been reviewed previously by the Chanhassen Planning Commission and City Council. SUMMARY This chapter deals with municipal water and sewer service and individual septic treatment systems (ISTS). Many of these requirements are covered by state codes and may be deleted. The proposed changes implement state requirements. Staff believes that these changes are primarily administrative, rather than substantive, in nature and is recommending approval of the amendment. RECOMMENDATION Staff is recommending that the City Council adopt the attached ordinance for Chapter 19 of the Chanhassen City Code; and approve the summary ordinance for publication purposes. ATTACHMENT 1. Ordinance Amending Chapter 19, Chanhassen City Code CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 CHANHASSEN CITY CODE, WATER, SEWERS AND SEWAGE DISPOSAL THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 19-18 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (b) It is unlawful for any person, firm, or corporation 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. (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 superintendent. (4) Plumbers may turn on water service control valves and curb stops located on private property after the water meter is installed. Properties with water turned on without authorization shall be charged a one hundred dollar ($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 2. Section 19-20 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Lateral Connection charges. (a) No permit shall be issued to tap or connect with any watermain of the city either directly of indirectly from any lot or tract of land unless the city clerk shall have certified: That the lot or tract of land, or portion of said lot or tract, to be served by such connection to tap has been assessed for the cost of construction of the watermain with which the connection is made; or (2) If no assessment has been levied for said construction cost, that proceedings for levying such assessment have been or will be commenced in due course; or (3) If no assessment has been levied, and no assessment proceedings will be completed in due course, that a sum equal to the portion of cost of constructing said watermain has been paid to the city pursuant to subsection (b). (b) The applicant shall pay a lateral connection fee that is just and equitable in an amount established by the city council. The amount of the charge shall be automatically adjusted each year on January 1 to reflect construction cost changes in the local Minneapolis region as evidenced by the Engineering News-Record Construction Cost Index. (c) Upon written request of the owner of the benefited property showing good cause, the city council may provide that the lateral connection charge be specially assessed against the benefited property payable in semiannual installments for a term of eight (8) years at an interest rate set by the city council. Unless deferred payment is so authorized, all connection charges shall be payable in full prior to the issuance of a building permit. Section 3. Section 19-21 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Trunk hook-up charges. (a) In addition to the lateral connection charges set forth herein, a trunk hook-up charge, unless charged as a part of a public improvement project, shall be imposed against each lot or tract of land, or portion thereof, served by the system for wells, pumping stations, water storage facilities, equipment of the city water system, and the replacement of existing water facilites. The amount of this charge shall be automatically adjusted each year on January i to reflect construction cost changes to the local Minneapolis region as evidenced by the Engineering News-Record Construction Cost Index. (b) The number of unit trunk hook-up charges to be levied against each benefitted lot or tract of land, portion thereof, shall be established using the following criteria: (1) Single-family houses, townhouses, condominiums, mobile homes and duplex units shall each comprise one (1) unit for each dwelling unit; (2) Other buildings and structures shall be assigned one (1) water trunk hook-up charge (unit) for each sewer availability charge (SAC) as estimated by the Metropolitan Council Environmental Service. (c) The number of unit trunk hook-up charges to be levied against the premises may thereafter be revised conditioned upon the Metropolitan Council Environmental Service revising the number of sewer availability charges accordingly. (d) Upon written request of the owner of the benefitted premises showing good cause, the water trunk hook-up charge may be specially assessed against the benefitted property payable in semiannual installments over a four (4) year period at eight (8) percent interest. Unless deferred payment is so authorized, all trunk hook-up charges shall be payable in full prior to the issuance of a building permit for new construction on the property. Section 4. Section 19-22 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Work which in any way affects the city's water lines or connections thereto shall be performed in accordance with the Minnesota State Building Code as adopted by the city. (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 copy of the Master plumber's bond and certificate of insurance as required by the Minnesota Plumbing Code. Bond and insurance 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 5. Section 19-23 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Permit for connections, etc. (a) Required. 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 in accordance with the Minnesota State Building Code as adopted by the city. (b) Fees. The fees to be paid the city for plumbing permits shall be determined in accordance with Chapter 4 of the Chanhassen City Code. Section 5. Section 19-24 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Meters. (a) Except for the extinguishment of fires, no person except authorized city personnel shall use water from the water supply system or permit water to be drawn therefrom, unless the same shall be metered by meters furnished by the city which meters shall remain the property of the city. A meter charge equal to the cost of the meter and accessories, including administrative costs, shall be paid upon each application for permit to connect to the water supply system. (b) The city shall, at its expense, maintain and repair all meters when rendered unserviceable through ordinary usage, and shall replace meters when necessary. When replacement, repair or adjustment of any meter is made necessary by the act or neglect of the consumer, all cost incurred thereby shall be charged against the consumer, and water service may be discontinued until such cost has been paid. In the event city personnel determine that a water meter or remote have been tampered with to intentionally affect the true meter reading, a fine of fifty dollars ($50.00) shall be included on the next quarterly billing and the bill shall include an adjustment to include the estimated usage not recorded due to the meter tampering. Repeated tampering shall be grounds for shutoff of the water service in the manner provided in section 19-18. (c) Installation of remote water meter readers shall be required on all structures serviced by the municipal water system. (d) Property owners shall allow reasonable access for maintenance and repair of water meters and/or remote water meter readers. Reasonable access means the following: 1) providing a clear and uninterrupted path to and around the meter; 2) containing children and animals that may threaten or inhibit work away from the path to and around the meter; 3) providing a time for an appointment for any meter work to occur within two weeks of notice by the City of the need for work and providing the presence of a responsible adult during the appointment. Failure to allow for reasonable access as provided herein shall result in a charge of one hundred dollars ($100.00) per month to be included on the quarterly billing. Section 6. Section 19-25 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: It shall be the responsibility of the property owner to maintain the service line from the property line to the structure being served, including the curb box. In case of failure on the part of any consumer or owner to repair any leak occurring in the service line from the property line, or curb box to the structure being served within twenty-four (24) hours after oral or written notice has been given such individual, the water shall be shut off until the line is repaired. The owner shall be responsible for ensuring that the curb box is straight and keyable at all times so that sections of the city system do not have to shut down for private system repairs. Section 7. Section 19-26 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Watermains, valves, hydrants, service connections and interior plumbing shall be installed as specified by the current edition of the Minnesota Plumbing Code. (b) A separate and independent building water line shall be provided for every building. Exceptions may be allowed only by special permission granted by the city. Section 8. Section 19-28 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Use of the city water supply system for lawn and garden sprinkling, irrigation, car washing or other nonpotable uses shall be limited to an odd-even schedule corresponding to property address effective each year from May I to September 30. Whenever the city council or, on a temporary basis, the public works director and/or the city manager or city manager's designee, shall determine that a shortage of the water supply threatens the city, they may further limit the days and hours during which water may be used from the city water supply system. Special permit consideration will be given for those property owners with new seed or sod if in the opinion of the public works director sufficient water for such permits is available. Property owners installing an automatic or underground i~Tigation system are required to install a rain sensor device. Existing irrigation systems are required to retrofit to install a rain sensor device at such time as improvement or extension of the system valued at or above $1,000.00 or requiring a plumbing permit are done. The first violation of the provisions of this ordinance in any calendar year shall result in a written warning from the city. Subsequent violations will result in a penalty fee schedule approved by City Council. The penalty will be added to the next water bill for the premises. Section 9. Section 19-42 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Work which in any way affects the city's sewer lines or connections thereto shall be performed in accordance with the Minnesota State Building Code as adopted by the city. (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 copy of the Master plumber's bond and certificate of insurance as required by the Minnesota Plumbing Code. Bond and insurance 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 10. Section 19-43 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Permits for connections, etc. (a) Required. 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 in accordance with the Minnesota State Building Code as adopted by the city. (b) Fees. The fees to be paid the city for plumbing permits shall be determined in accordance with Chapter 4 of the Chanhassen City Code. Section 11. Section 19-44 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: No person shall discharge or cause to be discharged, directly or indirectly, any storm water, surface water, ground water, roof runoff, subsurface drainage, or cooling water to any sanitary sewer. Any person having a roof drain, sump pump, unauthorized swimming pool discharge, cistern overflow pipe or surface drain connected and/or discharging into the sanitary sewer shall disconnect and remove any piping or system conveying such water to the sanitary sewer system. Section 12. Section 19-44 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: All construction involving the installation of clear water sump pits shall include a sump pump with minimum size one and one-half (1 '/2) diameter discharge pipe. The pipe attachment must be a rigid permanent type plumbing such as PVC or ABS plastic pipe with glued fittings, copper or galvanized pipe. All discharge piping shall be installed in accordance with the plumbing code. Discharge piping 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. Sump pump discharge location and flow shall be consistent with the approved development drainage plan for the lot. The discharge may not be pumped directly onto any public right-of-way unless approved by the city engineer or his designee. Any disconnects or openings in the sanitary sewer shall be closed and repaired in compliance with applicable codes. Section 13. Section 19-45 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Lateral connection charges. (a) No permit shall be issued to connect with the sanitary sewer system of the city either directly or indirectly from any lot or tract of land unless the city clerk shall have certified: (1) That the lot or tract of land, or portion of the lot or tract, to be served by such connection has been assessed for the cost of construction of the sanitary sewer lateral with which the connection is made; or (2) If no assessment has been levied for said construction cost, that proceedings for levying such assessment have been or will be commenced in due course; or (3) If no assessment has been levied, and no assessment proceedings will be completed in due course, that a sum equal to the portion of cost of constructing said sanitary sewer which would be assessable against said lot or tract has been paid to the city as outlined in subsection (b) below. (b) The applicant shall pay a connection fee that is just and equitable in an amount established by the city council. The amount of the charge shall be automatically adjusted each year on January I to reflect construction cost changes for the local Minneapolis region as evidenced by the Engineering News-Record Construction Cost Index. (c) Upon written request of the owner of the benefitted premises showing good cause, the city council may provide that the connection charge be specially assessed against the benefitted property, payable in semiannual installments for a term of eight (8) years at an interest rate set by the city council. Unless deferred payment is so authorized, all connection charges shall be payable in full prior to the issuance of a building permit. Section 14. Section 19-46 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Trunk hook-up charges. (a) In addition to the lateral connection charges set forth herein, a trunk hook-up charge, unless charged as a part of public improvement project, shall be imposed against each lot or tract of land, or portion thereof served by the sewer system for the sewer treatment facilities, lift stations, forcemains, trunk sewers, and the replacement of existing sewer facilities. The amount of this charge shall be automatically adjusted each year on January I to reflect construction cost changes to the local Minneapolis region as evidenced by the Engineering News-Record Construction Cost Index. (b) The number of unit trunk hook-up charges to be le~,ied against each benefitted lot or tract of land, or portion thereof, shall be established by using the following criteria: (1) Single-family houses, townhouses, condominiums, mobile homes and duplex units shall each comprise one (1) unit for each dwelling unit; (2) Other buildings and structures shall be assigned one (1) water trunk hook-up charge (unit) for each sewer availability charge (SAC) as estimated by the Metropolitan Council Environmental Services. (c) The number of sewer trunk hook-up charges imposed against the premises may be revised conditioned upon the Metropolitan Council Environmental Services revising the number of sewer availability charges accordingly. (d) Upon written request of the owner of the benefitted premises showing good cause, the sewer trunk hook-up charge may be specially assessed against the benefitted property payable in semiannual installments over a four (4) year period at eight (8) percent interest. Unless deferred payment is so authorized, all trunk hook-up charges shall be payable in full prior to the issuance of a building permit for new construction on the property. Section 15. Section 19-47 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: In addition to, and not in lieu of, all other charges imposed from time to time by the city for building permits, sewer connection permits, sewer usage rates, and sewer trunk connection charges, the then prevailing Metropolitan Council Environmental Services service availability charge (SAC) shall be paid to the city at the time a building permit for new construction is issued, or at the time a sewer connection permit is issued for the connection of an existing building to the city sanitary sewer system. The amount of the service availability charge shall be established by the Metropolitan Council Environmental Services. Section 16. Section 19-48 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Work which in any way affects the city's sewer lines or connections thereto shall be performed in accordance with the Minnesota State Building Code as adopted by the city. (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 copy of the Master plumber's bond and certificate of insurance as required by the Minnesota Plumbing Code. Bond and insurance 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 17. Section 19-49 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Sanitary sewer mains, manholes and service installation shall be as specified by the current edition of the Minnesota Plumbing Code and/or City of Chanhassen standard specifications and detail plates. (b) A separate and independent building sewer shall be provided for every building. Exceptions may be allowed only by special permission granted by the city. Section 18. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 19-52, which shall read as follows: Service Lines It shall be the responsibility of the property owner to maintain the service line from the property line to the structure being served. In case of failure on the part of any owner to repair any leak occurring in the service line within twenty-four (24) hours after oral or written notice has been given, the City may repair the leak and bill the property owner for the work and time incurred on the repair. Section 19. Section 19-66 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Definitions. The following words and phrases, when used in this article, unless the context clearly indicates otherwise, shall have the meanings described to them in this section and section 1-2 of the City Code, City of Chanhassen, Minnesota, in addition to those definitions contained in part 7080.0020 of the Minnesota Rules. Department shall mean Community Development Department, Inspections Division. Section 20. Section 19-67 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Standards Adopted. Minnesota Rules Chapter 7080, Parts 7080.0020, 7080.0060, 7080.0065, 7080.0110, 7080.0115, 7080.0120, 7080.125, 7080.0130, 7080.0150, 7080.0160, 7080.0170, 7080.0172, 7080.0175, 7080.0176, 7080.0178, 7080.0179, 7080.0305, 7080.0310, 7080.0315, 7080.0600 and 7080.0700 relating to individual sewage treatment systems are hereby adopted by reference and made a part of this article as if fully set forth herein. 9 (b) The above adopted rules are hereby amended as follows: (1) Minnesota Rules 7080.0130, subp. 3A is amended to read as follows: All new systems shall require a multiple compartment septic tank or multiple tanks in series. Table II Number of Bedrooms Tank Liquid Capacity-Gallons 2 or less 1,125 1,500 3 or4 5 or 6 2,250 7, 8, or 9 3,000 To increase tank liquid capacity, two (2) or more separate tanks in series are permitted. For ten (10) or more bedrooms, the septic tanks shall be sized as an "other establishment" as defined in 7080.0020, subp. 25. Multiple septic tanks are required consistent with the above Table II. The department may require a water monitoring device be installed. (2) Holding tanks shall not be used as an individual sewage treatment system for new residential construction or for improvements greater than 50% of the assessed value of the structure at the time of application for the improvement. (3) Septic tanks shall be allowed as temporary holding tanks for new residential construction when the installation of the treatment system is not possible because of weather conditions or for an existing building if an imminent threat to public health (ITPH) exists. A pumping agreement, signed by the property owner and the licensed pumper, must be filed with the department. (4) Permanent holding tanks shall only be allowed for pre-existing dwelling where a standard, alternative, other or performance system cannot be installed. (5) Undeveloped lots of record on which a holding tank is the only practical means of sewage disposal are deemed unsuitable for residential use. (6) Holding tanks shall not be installed on undeveloped lots of record for recreational use. (7) Performance systems shall only be allowed to correct an 1TPH or a failing system on sites with limited capacity to upgrade with standard technology, or to allow 10 development on an existing lot of record that has limited capacity for the use of standard technology. (8) Individual sewage treatment systems shall be designed and located as to comply with the following minimum setback distances: Feature Septic Tank Soil Treatment Area 5O 100 Water supply well less than fifty (50) feet and not encountering at least ten (10) feet of impervious material Any other water supply 50 50 well or buried water suction pipe Buried pipe distributing 10 10 water under pressure Buildings 10 20 Property lines 10 10 150 150 The ordinary high water mark of: Natural environment lakes and streams Recreational development lakes and streams 75 75 General development 50 50 lakes, rivers and protected waters Swimming pools 10 10 Slopes of twenty (20) 20 20 percent or more Interceptor drains 10' *twenty (20) feet in shoreland areas (9) Alternative, Other or Performance systems as defined in Minnesota Rules Chapter 7080.0172, 7080.0178 and 7080.0179 may be used only for the repair or replacement of existing nonconforming systems, on existing lots of record, or as a new system if approved by the city building official with the following conditions: 11 a. When a standard system, as defined in Minnesota Rules Chapter 7080.0065 to 7080.0170 and 7080.0600 and as designated by the commissioner under part 7080.0400, subpart 4, cannot be installed; and b. Reasonable assurance of performance of such system is presented to the department. The department may require financial assurance including but not limited to escrow funds, letters of credit, or liens on property in amounts sufficient to assure correction of a failing Alternative, Other or Performance system; and c. The design of such system is first approved by the department; and d. Treatment and disposal of waste is in such a manner so as to protect the public health and general welfare; and e. Monitoring may be required through the installation of department approved monitoring devices at the time of initial construction, or upon any alteration, repair, or extension of the system. The property owner shall be responsible for the cost of installing monitoring equipment and subsequent laboratory analysis. The property owner shall permit reasonable access by the department for the purpose of monitoring the system; and f. Such systems comply with all applicable requirements of these standards and with all local codes and ordinances. (10) It shall be the responsibility of any person utilizing an Alternative, Other or Performance sewage treatment system to report to the department all discharges from a malfunctioning Alternative, Other or Performance sewage treatment system as soon as possible but no later than eighteen (18) hours upon knowledge of such discharge, and further abate such discharge as soon as possible but no later than forty-eight (48) hours. (11) The use of Warrantied Individual Sewage Treatment Systems is prohibited. (12) Where conditions prevent the construction, replacement, alteration and/or repair of an individual sewage treatment system on an existing developed parcel of real property, the department may reduce property line and building setbacks and system sizing requirements provided said reduction does not endanger or unreasonably infringe on adjacent properties and with the concun'ence of the affected properties. (13) Not more than one (1) dwelling, commercial, business, institutional, or industrial unit shall be connected to an existing individual sewage system unless such multiple connections has been approved by permit. (14) Where the construction of additional bedrooms, the installation of mechanical equipment or other factors likely to affect the operation of an individual sewage 12 treatment systems can be reasonably anticipated, the installation of a system sized for such anticipated need is required in the design and construction of said system. (15) Individual sewage system sites must be identified before construction activities begin and staked or fenced to prevent construction traffic from altering the soil conditions. If such traffic results in alteration of the soils, a revised permit application proposing an alternative site must be submitted to the department along with the required soil data and fees. (16) No additions, enlargements, improvements, or remodeling involving fifty (50) percent or more of the structure, or alterations that would effect the water use, such as bedrooms, or additions to living space (excluding such areas as screen porches entry ways, decks, attics, patios, and non-habitable space) shall be allowed until the sewage treatment system has been determined to be both adequate and conforming or a permit for a new treatment system has first been issued. (17) State license required. A state license applicable to the type of work being performed is required for any person, business, firm, or corporation that conducts site evaluation, design, installation, maintenance, repair, pumping or inspection on all or part of a sewage treatment system in the city. A license is not required for an individual who is a qualified employee performing work as directed by the state or local government employer; an individual who performs labor or services under a licensee; or a property owner who personally gathers information, evaluates, or investigates the sewage treatment system on or serving the property to provide a disclosure as defined under Minnesota Rules Chapter 7080.0020, subp. 12b. Section 21. Section 19-68 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Permit required. No person, firm, or corporation shall install, construct, alter, extend, or repair an individual sewage treatment system in the city without first obtaining a permit therefore from the department for each specific installation, construction, alteration, extension, or repair. Such permits shall be valid for a period of twelve (12) months from the date of issuance. (b) Permit application requirements. No construction shall be allowed until the permit required for the individual septic system has been issued. Application for permits shall be made in writing on forms furnished by the department and shall be signed by the licensed installer or their authorized agent. (1) Each application shall contain: a. Legal description of the property; b. Location description of the property; c. Name, address, and phone number of the property owner(s); d. Name, address and phone number of the licensee; 13 e. Maximum number of bedrooms f. Estimated water usage if the building is not a dwelling unit; g. List of water using appliances; h. Estimated depth of well, if known. (2) Each application shall be accompanied by: a. Two copies of a plot plan of the land drawn to scale showing: 1. Boundary lines and setbacks; 2. Proposed and/or existing buildings and recreational structures including but not limited to tennis courts, swimming pools and hot tubs; 3. Location of wells and water pipes; 4. Location of septic tanks and pump tanks; 5. Location of drainfield; 6. Location of building sewer; 7. Location of distribution box(es) or drop boxes; 8. Location of any animal confinement areas within fifty (50) feet of septic tank or drainfield; 9. Location of any water bodies located within two hundred (200) feet of septic tank or drainfield; 10. Roads and driveway and parking areas; 11. Land elevations; 12. Bodies of water as well as wetlands. bo Two (2) copies of a complete individual sewage system plan in detail to scale showing location, size and design of all parts of the system to be installed, altered, repaired or extended, and the location of percolation and soil borings performed for site evaluation. c. Two (2) copies of the results of the site evaluation report prepared by a licensed designer I or designer II. d. Any additional information that may be required by the department to assure compliance with this article. The site evaluation report shall be a description of the site's characteristics, including a soil evaluation based on borings and percolation tests, location of borings and percolation tests and elevation in relationship to a permanently fixed point. f. There shall be a minimum of two (2) percolation tests and two (2) soil borings performed on each proposed site. g. Applicants for sewage treatment system permits, site or subdivision approvals must submit soil test and percolation test data that verify suitable conditions for two complete soil treatment systems. 14 (c) Licensed designer responsibilities. All individual sewage treatment system designs shall be in compliance with this article. Designs submitted to the city shall be of sufficient detail and to scale so as to allow adequate review for compliance by the department. (d) Permit fees. All permit and permit renewal applications must be accompanied by the appropriate fee. The amount of each permit, permit renewal fee, late fees or such other fees as may be needed for the administration of this article, plus the method and time of payment thereof shall be established in Chapter 4 of the Chanhassen City Code. (e) Relation to other permits. No building permit will be issued until the individual sewage system permit when required is approved and issued. No occupancy permit will be issued until the system has had final inspection approval. (f) Permit denied. If an application for a permit or permit renewal is denied, notice of denial shall be served on the applicant by mail. The notice shall state the reasons for denial and inform the applicant of his right to request a hearing as provided in sec. 19- 74(c) of this article. (g) Permit revoked. Permits issued under this article may be revoked upon written notice by the department when such permit has been issued based upon erroneous or inaccurate data supplied by the applicant or designer or erroneous interpretation of the law by the department or a building official. Section 22. Section 19-69 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Inspections relating to the repair, replacement or construction of a new individual sewage treatment system shall be performed by the department or its authorized agent. These inspections shall include, but are not limited by the following: (1) Site inspections to verify and evaluate soil and site conditions and to determine the suitability of soils and system design. (2) Necessary investigations to determine compliance of existing systems. (3) For all new individual sewage treatment system construction and the repair or replacement of existing systems. a. Mound and at-grade systems shall require a minimum of four (4) construction inspections: 1. When tanks are installed including all pumps and piping. 2. When the soil under the mound has been roughed or scarified, but prior to placement of the sand fill. Enough of the proposed sand fill must be present to be examined. 3. After placement of rock and distribution piping but prior to cover. 15 4. When the system is completed. Following completion, the installer shall submit to the city an as-built sketch the system which indicates the location and dimensions to all system components. b. Trench and seepage bed systems shall require a minimum of three (3) construction inspections: 1. When tanks are installed including all pumps and piping. 2. After placement of the distribution medium but prior to cover. 3. When the system is completed. Following completion, the installer shall submit to the city an as-built sketch the system which indicates the location and dimensions to all system components. c. Installation inspections shall be made prior to covering any work with backfill. d. The licensed installer shall be responsible to notify the department before 4:00 p.m. on the day before an inspection or reinspection is requested. e. Work which is backfilled prior to required inspection may be ordered to be uncovered whenever necessary to determine compliance. f. If upon inspection, any part of the system is determined not to be in compliance with this article, written notice shall be provided by the department or its authorized agent indicating the deficiency and the required correction. Noted deficiencies shall be properly corrected and reinspected before a certificate of compliance is issued. g. No system shall be placed or replaced in service until final inspection has been completed and the system installation has been approved. h. The owner or occupant of a property shall be responsible to provide access at a reasonable time to the department or its agent for the purpose of performing inspections required under this article. i. Additional inspections or evaluations may be specified for the repair or replacement of an existing system or construction a new system at the time the permit is issued. These requirements shall be provided by the department to the permittee at the time the permit is issued. j. It shall be the responsibility of the licensed installer to ensure that the entire system is installed in strict accordance with the design as approved. If the system cannot be constructed as designed, it shall be the responsibility of the licensed installer to inform the department and to submit new or amended designs, approved by the licensed system designer, to the department before completing construction. The permittee and the licensee shall be responsible for the correction or elimination of all defects, and no system shall be placed or re-placed in service until all defects have been corrected or eliminated and a certificate of compliance has been issued. No pan of the system shall be covered until it has been inspected and/or approved by the department. k. Violations of this ordinance that necessitate follow-up inspection(s) will be subject to a reinspection fee. This inspection charge shall be established in accordance with Chapter 4 of the Chanhassen City Code. (4) Compliance inspection. If an inspection is conducted as part of a compliance inspection and/or the disclosure required by Minnesota Statutes 115.55, subd. 6, 16 such party must be licensed in accordance with MPCA rules and regulations and the notice of compliance or noncompliance provided to the property owner must also be provided to the department within thirty (30) days of the inspection. (5) Fees. Fees for permits, inspections, or other services rendered under this article shall be established in Chapter 4 of the Chanhassen City Code. Section 22. Section 19-70 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) No owner of a tract of land upon which a dwelling is located, or a tract of land upon which a structure which is required to have an individual sewage treatment system is located, shall sell or transfer to another party said tract of land, unless the following requirements are met: (1) The seller of any property having an individual sewage treatment system must have a state licensed inspector or designer I complete the MPCA sewage system compliance inspection form for existing sewage systems in accordance with this article and the MPCA's "Inspection Manual for Existing Systems." (2) The seller must provide a copy of the completed sewage system disclosure form and the compliance inspection form to any person who signs a purchase agreement. The disclosure form and compliance inspection form must be provided to the buyer prior to the signing of the purchase agreement. The compliance inspection form shall include all requirements for bringing the system into compliance with this article. (3) The seller or buyer of property that has a failing system that is an imminent threat to public health (ITPH) or safety must have the system repaired or replaced within ten (10) months of the inspection date. If the system is not brought into compliance prior to the property transfer, funds sufficient to repair or replace the failing system shall be placed in escrow. (4) The seller or buyer of property that has a failing system that is not an imminent threat to public health or safety must have the sewage system upgraded to a complying system within three years of the date of the compliance inspection. If the system is not brought into compliance prior to the property transfer, funds sufficient to repair or replace the failing system shall be placed in escrow. (5) The sewage system compliance inspection form shall be filed with the county auditor along with the certificate of real estate value. A copy of the inspection form must also be filed with the department within thirty (30) days of the date of the inspection. (b) Exempt transactions. The compliance inspection need not be completed if the sale or transfer involves the following circumstances: 17 (1) Tract of land is without buildings or contains no dwellings or other buildings with plumbing fixtures. (2) No certificate of real estate value need be filed with the county auditor, as per Minnesota Statutes, Section 272.115. (3) The sale or transfer is to the seller's spouse or ex-spouse only. The sale or transfer may be by deed, through a joint tenancy, of a testamentary nature or by trust document. (4) The transfer is a foreclosure or tax forfeiture. (5) The sale or transfer completes a contract for deed entered into prior to the effective date of this article. This subsection applies only to the original vendor and vendee on such a contract. (6) Any dwellings or other buildings with running water are connected to a municipal wastewater or treatment system. (c) Transactions occurring between Decetnber 1 and April 1. (1) If the transaction occurs between December I and the following April 1, and the compliance inspection cannot be completed, as certified by a licensed inspector, the compliance inspection shall be completed and filed with the department and county auditor by June 15 following the closing date. (2) The responsibility for filing the completed compliance portion of the inspection form in this type of transaction shall be that of the buyer. Section 23. Section 19-71 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Any individual sewage system determined to be failing or non-complying by the department or by a compliance inspection required by Minnesota Rules Chapter 7080 or this article and in violation of this article, shall be abated and the failure and the failing system shall be satisfactorily repaired or replaced. A system determined to be failing or non-complying and an imminent public health threat must be brought into compliance within ten (10) months. A system determined to be failing or non-complying but not a public health threat must be brought into compliance within three (3) years. (b) The department may allow a failing system to be restored to its original design rather than being fully reconstructed in accordance with the standards set forth in section 19-67 of this article if the department determines that such restoration will abate the system's failure and reasonably assure satisfactory performance of the system as defined by Minnesota Rules Chapter 7080 and this article. 18 Section 24. Section 19-72 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Pumping of septic tanks. The owner of any individual sewage treatment system shall properly pump and clean the septic tank or tanks at least once every three (3) years or sooner if necessary in order to prevent the sludge from reaching any point closer than 12 (twelve) 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. (b) Sewage tank access. The owner or owner's agent shall install maintenance holes in sewage tanks in accordance with Minnesota Rules Part 7080.0130, subp. 2.M, to allow for maintenance to take place through the maintenance hole. (c) Licensed pumper responsibility. Pumpers shall have equipment capable of agitating septage sludge and thoroughly removing sludge and scum from the septic tanks or holding tanks. Septage sludge shall be removed through the septic tank manhole and not through inspection pipes. All septage removed from septic tanks or holding tanks shall be removed from the site in sealed containers and disposed of in accordance with Sec. 19- 72(c). The pumper shall make reports monthly to the city reporting on the total number of systems pumped, address of site, approximate volume pumped and location of septage disposal. (d) Disposal ofseptage. All septage removed from septic tanks or holding tanks shall be removed from the site in sealed containers and shall be disposed of in accordance with state, federal or local requirements. If the septage is to be disposed of into a municipally controlled sewage facility or into a metropolitan waste control commission facility it shall be disposed of in a location and manner approved by said governmental authority. Section 25. Section 19-73 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Abandonment. When individual sewage systems are abandoned, all septic tanks, cesspools, and leaching pits shall be pumped to remove all liquid, sludge and scum. The covers to all septic tanks, cesspools and leaching pits shall be either collapsed or removed and tanks or cavities shall be filled with clean earth. The earth shall be adequately mounded to allow for settling. (b) Connection. When sanitary sewer services are available all failing systems shall make connection immediately. Section 26. Section 19-74 (a) (1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Inspect new, repaired, or replaced individual sewage treatment systems and septage disposal sites located in the city as provided in this article, issue certificates of 19 compliance for new, repaired, or replaced systems, and investigate complaints of violations of this article. Section 27. Section 19-75 (2) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The owner of a failing individual sewage treatment system shall repair or replace the failing system consistent with this article and Minnesota Rules Chapter 7080. Section 28. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 19-76 (4), which shall read as follows: Pursuant to Minnesota Rules 4715 and 4725, variances to decrease the required setbacks from buried water pipes and water supply wells must be approved by the Minnesota Department of Health. Section 29. Section 19-98 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: No person shall make a storm sewer connection in the city without a license issued by the city. Application for a license shall be made on a form furnished by the city. The applicant shall furnish the information required by the form. Each application shall be accompanied by the payment of a fee in the amount established in Chapter 4 of the Chanhassen City Code. Section 30. Chapter 19, Article VI, Section 19-126 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 31. Section 19-130 (a) (7) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the community disposal system. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Federal Water Pollution Control Act. Section 32. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 8th day of December, 2003, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor 2O CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. __, AN ORDINANCE AMENDING CHAPTER 19 OF THE CHANHASSEN CITY CODE WATER, SEWERS AND SEWAGE DISPOSAL. The purpose of this code amendment is to clarify types of connections to the water and sewer systems, include replacement of existing water and sewer facilities in the trunk hook- up charges, require reasonable access for city inspection of water meters, require rain sensors for underground irrigation systems and implement state regulations and requirements. A printed copy of Ordinance No. __ is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 8th day of December 2003, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND Todd Gerhardt, City Manager/Clerk (Published in the Chanhassen Villager on 22