§ 19-67. Amendments.

The following amendments to Carver County Ordinance 67-2010 are adopted:

(1)

With the exception of references to the "department of health", all references to "department" are changed to "city."

(2)

With the exception of references to the "county auditor", all reference to the "county" or to "Carver County" are changed to "city."

(3)

Section 52.031 G. is amended to read as follows: Minnesota Rules, Chapter 7080.2150, Subpart 2, Table VII, is amended to include: Setbacks from the soil treatment and dispersal area for above grade systems, including but not limited to, mound and at grade systems, will be measured from the toe of the slope to any property line(s) and/or road right-of-way(s). Setback of 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 52.031 H. is amended to read as follows: Minnesota Rules, Chapter 7080.2220, Subpart 2, Item B, is amended to include: Setbacks from the soil treatment and dispersal area for above grade systems, including but not limited to, mound and at grade 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 52.031 J. is amended to read as follows: Minnesota Rules, Chapter 7080.2230, Subpart 2, Item C, is amended to include: Setbacks from the soil treatment and dispersal area for above grade systems, including but not limited to, mound and at grade systems, will be measured from the toe of the slope to any property line(s) and/or road right-of-way(s). Setback of 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 52.032 is amended to read as follows: SSTS must be designed and installed to comply with the following minimum setback distances measured in feet:

Feature	Tank(s)/ Sealed Privy	Soil Treatment and Dispersal Area/Unsealed Privy	Building Sewer or Supply Pipes
Private, single-family water supply well with less than 50 feet of casing and not encountering 10 feet of impervious material.	50	100	50
Any other private, single-family water supply well or buried water suction pipe.	50	50	50
Buried pipe distributing water under pressure.	10	10	10
Structure(s)	10	20	-
Property lines and road rights-of-way.	10	10 Above grade systems will be measured from the toe of the slope.	-
Ordinary high water mark of natural environmental lakes.	150	150	-
Ordinary high water mark of recreational development lakes and protected watercourses.	75	75	-
Ordinary high water mark of general development lakes.	50	50	-
Swimming pool.	10	10	-
Slopes of 20% or greater.	20	20	-
Bluff. (Average grade 25% slope and has a 25' rise in elevation.)	50	50

 

 (Minnesota Rules, Chapter 7080.1710, Item B and Minnesota Rules, Chapter 4725).

 (Minnesota Rules, Chapters 4725 and 4715).

 (Minnesota Rules, Chapter 4715).

 (Minnesota Rules, Chapter 7080.215 Table VII).

 (Minnesota Rules, Chapter 7080.215 Table VII).

 (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.)

 (Shoreland Management Act and Minnesota Rules, Chapters 6105 and 6120).

(7)

Section 52.052 shall be deleted.

(8)

Section 52.061 shall read as follows: An SSTS construction permit must be obtained by a licensed contractor from the city prior to the installation, construction, replacement, modification, alteration, repair, or capacity expansion of an SSTS. The purpose of this permit is to ensure that the proposed construction activity is sited, designed, and constructed in accordance with the provisions of this chapter by appropriately certified and/or licensed SSTS professional(s).

(9)

Section 52.072 shall be amended to read as follows: An SSTS construction permit shall not be transferred to a new property owner or different licensed SSTS installer. The licensed SSTS installer must amend the SSTS construction permit in accordance with this article.

(10)

Section 52.143 D. is deleted.

(11)

Section 52.144 B.1. is deleted.

(12)

Section 52.167 B. is amended to read as follows: When a compliance inspection is required and cannot be completed, due to frost conditions, during the period of November 1 to April 30, permits or land use application(s) pursuant to § 52.167 (A) can be issued provided an escrow account is provided in the amount of 110 percent of the estimated cost for the compliance inspection. A compliance inspection must be performed before the following June 1 and/or the SSTS is brought into compliance by the following September 30.

(13)

Section 52.169 A.3. is amended to read as follows: If the seller fails to provide a certificate of compliance, sufficient security must be established in the form of an escrow account to assure the installation of a complying SSTS. The security, in the amount of 110 percent of the estimated cost for the SSTS improvement, shall be placed in an escrow with a licensed real estate closer, licensed attorney-at-law, or federal or state chartered financial institution. The SSTS must be installed within the time frame established in § 52.050 and § 52.051. After a complying SSTS has been installed and a certificate of compliance issued, the escrow may be released.

(14)

Section 52.169 B.6. is deleted.

(15)

Section 52.169 C. is amended to read as follows: All property conveyances subject to this article occurring during the period between November 1st 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 1st 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.

(Ord. No. 523, § 1, 5-23-11)