Ordinance 641CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.641
AN ORDINANCE AMENDING CHAPTER 18, SUBDIVISIONS, CHAPTER 19,
WATER, SEWERS AND SEWAGE DISPOSAL, AND CHAPTER 20, ZONING, OF THE
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA
ORDAINS:
Section 1. Section 18-61(e)(3) of the Chanhassen City Code is amended to read as
follows:
No more than ten percent of the trees may be from any one tree species, no more
than 20 percent of the trees may be from any one genus, and no more than 30
percent of trees from any one family;
Section 2. Section 19-66 of the Chanhassen City Code is amended to read as follows:
Sec. 19-66. - Ordinance adopted by reference.
Carver County Ordinance Chapter 52, 'Subsurface Sewage Treatment Systems', is hereby
adopted by reference and incorporated herein subject to the amendments set forth in this article.
Section 3. Section 19-67 of the Chanhassen City Code is amended to read as follows:
Sec. 19-67. - Amendments.
The following amendments to Carver County Ordinance Chapter 52 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 52.021 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 ten feet from the SSTS to a swimming pool. Setback of 20
feet from the SSTS to slopes greater than 20 percent. Setback of 50 feet from the SSTS
to a bluff.
(4) Section 52.021 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 systems,
will be measured from the toe of the slope to any property line(s) and/or road right-of-
way(s). Setback of ten feet from the SSTS to a swimming pool. Setback of 20 feet from
the SSTS to slopes greater than 20 percent. Setback of 50 feet from the SSTS to a bluff.
(5) Section 52.021 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 ten feet from the SSTS to a swimming pool. Setback of 20 feet from
the SSTS to slopes greater than 20 percent. Setback of 50 feet from the SSTS to a bluff.
(6) Section 52.022 is amended to read as follows: SSTS must be designed and installed to
comply with the following minimum setback distances measured in feet:
Tank(s)/ : Soil Treatment and
Building
Feature
Sealed Dispersal Area/Unsealed
Sewer or
Privy Privy
Supply Pipes
Private, single-family water supply well
with less than 50 feet of casing and not
50
100
50
encountering 10 feet of impervious
material.' I
I
I
Any other private, single-family water
1
supply well or buried water suction
50
50
50 1
pipe.2
Buried pipe distributing water under
10
10
10
pressure.3
Structure(s)4
10
j 20
-
-
�
10
Property lines and road rights-of-way.5
� 10
Above -grade systems will
be measured from the toe
of the slope.'
Ordinary high water mark of natural
150
150
-
environmental lakes.
Ordinary high water mark of
recreational development lakes and
75
75
-
protected watercourses.
I
Ordinary high water mark of general
50
50
-
development lakes. 7
Swimming pool.
10
10
-
Slopes of 20% or greater.
20
20
-
2
Bluff.
(Average grade 25% slope and 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 VII).
5(Minnesota Rules, Chapter 7080.215 Table VII).
6(When lot size prohibits meeting the required ten -foot setback from the toe of the slope, the ten -
foot 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 52.071 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).
(8) Section 52.082 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.
(9) Section 52.163 D. is deleted.
(10) 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 § 52.197 (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.
(11) Section 52.199 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 timeframe
established in
3
§ 52.055 and § 52.056. After a complying SSTS has been installed and a Certificate of
Compliance issued, the escrow may be released.
(12) Section 52.199 B.6. is deleted.
(13) Section 52.199 C. is amended to read as follows: All property conveyances subject to
this article occurring during the period between November 1 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 Ist 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 noncompliant, the SSTS shall be brought into compliance within ten
months from the date of property transfer.
Section 4. Section 20-615(7)(a) of the Chanhassen City Code is amended to read as
follows:
a. For front yard, 30 feet. The front yard shall be the lot line nearest the public right-
of-way that provides access to the parcel, unless otherwise designated in
accordance with section 20-922. The rear yard lot line is to be located opposite
from the front lot line with the remaining exposures treated as side lot lines. On
neck lots the front yard setback shall be measured at the point nearest the front lot
line where the lot achieves a 100-foot minimum width.
Section 5. The Chanhassen City Code is amended by adding Section 20-922 to read as
follows:
Sec. 20-922. - Designation of alternate front lot lines for single-family dwellings
For single-family dwellings, the front yard shall be the line nearest the public right-of-way that
provides access to the parcel unless:
1) The City Council designates an alternate front lot line as part of the subdivision, or,
2) For subdivisions created prior to May 13, 2019, the Community Development
Director may designate an alternate front lot line consistent with the subdivision's
development pattern and the orientation of other structures within the neighborhood.
Section 6. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 13 lb day of May, 2019 by the City Council of the City of
Chanhassen, Minnesota
/1,1
T dd Gerhardt, City Manager
Elise Ryan, Mayor
(Summary Ordinance 641 published in the Chanhassen Villager on May 23, 2019)
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.641
AN ORDINANCE AMENDING CHAPTER 18, SUBDIVISIONS, CHAPTER 19,
WATER, SEWERS AND SEWAGE DISPOSAL, AND CHAPTER 20, ZONING, OF THE
CHANHASSEN CITY CODE
The purpose of these code amendments are as follows:
Amend Section 18-61(e)(3) to require subdivision tree plantings follow the 30-20-10 tree
diversity standard; and,
Amend Section 19-66 to correctly reference Carver County's Subsurface Sewage
Treatment Systems ordinance; and,
Amend Section 19-67 to align reference numbers with current Carver County ordinance,
remove scheduling policies from the ordinance, and restore documentation requirement for
maintenance not performed through maintenance hole; and,
Amend Section 20-615(7)(a) to allow for alternate designation of front yards in
accordance with section 20-922; and
Add Section 20-922 to enable the City Council to designate alternate front yards as part
of the subdivision and allow the Community Development Director to designate alternate front
yards for subdivisions created prior to May 13, 2019 based on the neighborhood's development
pattern and orientation of other structures.
A printed copy of Ordinance No. 641 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 131h day of May,
2019, by the City Council of the City of Chanhassen.
(Published in the Chanhassen Villager on May 23, 2019)
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF
ORDINANCE NO. 641
AN ORDINANCE
AMENDING CHAPTER 18,
SUBDIVISIONS; CHAPTER
19, WATER, SEWERS AND
SEWAGE DISPOSAL, AND
CHAPTER 20, ZONING, OF
THE CHANHASSEN
CITY CODE
The pwWse of these code
am are asf^W.:=6w.-;
Amend Section 18-61(e)(3) to
require subdivision tree plantings
follow the 30.20-10 tree diversity
standard; and,
Amend Section 19-66 to
correctly reference Carver
Countys Subsurface Sewage
Treatment Systems ordinance;
and,
Amend Section 19-67 to align
reference numbers with current
Carver County. ordinance,
remove scheduling policies
from the ordinance, and restore
documentation requirement
for maintenance not performed
through maintenance hole; and,
Amend Section 20-615(7xa) to
allow for alternate designation of
front yards in accordance with
section 20-922;and
Add Section 20-M to enable
the City Council to designate
alternate front yards as part
of the subdivision and allow
the Community Development
Director to designate alternate
front yards for subdivisions
created prior to May 13, 2019
based on the neighborhoods
development pattern and
orientation of other structures.
A printed copy of Ordinance
No. 641 is aval3ableforinspection
by any person during regular
office hours at the office of the
City Manager/Clerk.
PASSED, ADOPTED, AND
APPROVED FOR PUBLICATION
this 13th day of May, 2019, by
the City Council of the City of
Chanhassen.
(Published in the Chanhassen
Villager on Thursday, May 23,
2019; No. 4741)
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher -or she 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. Jy
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:
abcdefghij khnnopgrstuvwxyz
Laurie A. Hartmann
Subscribed and sworn before me on
019
JYMME JEANNETTE BARK
NOTARY PUBLIC • MINNESOTA
MY COMMISSION EXPIRES 01/31/23
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