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Home My WebLink About12/17/2001BOOK MAPLEWOOD PLANNING COMMISSION Monday, December 17, 2001, 7:00 PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. November 19,2001 5. Public Hearing a. Carefree Villas (Gervais Avenue) (1) Land Use Plan Change (R-1 to R-3H) (2) Conditional Use Permit (3) Lot Division Unfinished Business a. ISTS (Individual Sewage Treatment Systems) (1) Water Resources Management Plan (2) Code Amendment 7. New Business None 8. Visitor Presentations 9. Commission Presentations a. November 26 Council Meeting: Mr. Roberts b. December 10 Council Meeting: ?? (was to be Mr. Mueller) c. December 17 Council Meeting: Mr. Ledvina d. January 14 Council Meeting: Ms. Dierich 10. Staff Presentations 11. Adjournment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. Staff presents their report on the matter. The Commission will then ask City staff questions about the proposal. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium, speak clearly, first giving your name and address and then your comments. After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. o The Commission will then discuss the proposal. No further public comments are allowed. The Commission will then make its recommendation or decision. All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. jw/pc\pcagd Revised: 01/95 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, NOVEMBER 19, 2001 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Eric Ahlness Present Mary Dierich Present Lorraine Fischer Present Jack Frost Present Matt Ledvina Absent Paul Mueller Absent Gary Pearson Present Present Present COmmissioner William Rossbach Commissioner Dale Trippler Staff Present: Ken Roberts, Associate Planner Recording Secretary: Lisa Kroll II1. APPROVALOFAGENDA Commissioner Pearson moved approval of the agenda. Commissioner Dierich seconded. Ayes- Ahlness, Dierich, Fischer, FroSt, Pearson, Rossbach, Trippler IV. APPROVAL OF MINUTES Approval of the minutes for October 15, 2001. Chairperson Fischer requested a change of verbiage on page 3 of the minutes in the 6th paragraph to read Chairperson Fischer asked the applicant to come forward and address the commission. Commissioner Dierich also requested a change of verbiage on page 6 in the last paragraph to read Chairperson Fischer asked the applicant to come forward and address the commission. Another change is on page 7, in the first paragraph, second sentence, it should read Kevin Finley, the Director of Administration and Golf Operations for the Ramsey County Parks and Recreation Department addressed the commission. Commissioner Frost moved to approve the minutes for October 15, 2001, with the changes as noted. Planning Commission Minutes of 11-19-01 Commissioner Pearson seconded. V. UNFINISHED BUSINESS None -2- Ayes- Dierich, Fischer, Frost, Pearson, Rossbach, Trippler Abstention- Ahlness VI. NEW BUSINESS a. Saint Paul Regional Water Services McCarrons Plant Conditional Use Permit Revision (1900 Rice Street North, South of Roselawn Avenue) Mr. Roberts said the Saint Paul Water Utility is proposing to make the following changes to their original plant building. Build a 250-square-foot entrance vestibule. This vestibule would be above a below-grade maintenance shop also proposed in the applicant's planned improvements. This vestibule would be on the west side of the building. 2. Add a new facade on the west elevation. The primary material would be stucco. Refer to the elevations. 3. Provide four handicap-parking spaces in an existing parking lot. 4. Add landscaping to the site, primarily along the west side of the main building. The applicant is requesting: Approval of a conditional use permit (CUP) revision for the proposed addition and changes to the facility. City code requires a CUP for public utilities, public services or public buildings in the city. This request is to revise an existing CUP since the council previously approved a conditional use permit for the applicant. The proposed changes would be a revision to the site plan covered by the CUP. 2. Approval of project plans. Chairperson Fischer asked staff if they knew why the applicant was not present? Mr. Roberts said he had not heard that the applicant would not be present but it was possible that the applicant called Mr. Ekstrand and left a message for him. The letter that was sent to the applicant was sent from Mr. Ekstrand who was out of the office today and Mr. Roberts had not heard anything from the applicant directly. Chairperson Fischer asked staff if they suggest commission members table this item until the applicant was present? Planning Commission Minutes of 11-19-01 -3- Mr. Roberts said staffwould prefer not to table the item and the presentation was pretty routine and staff would like to keep the item moving forward. Chairperson Fischer asked what the preference was of the commission members? Commissioner Rossbach said he would agree with staff that it seems straightforward. He said he would not have any questions for the applicant if they were present. Commissioner Frost concurred with Commissioner Rossbach. Commissioner Rossbach moved to adopt the resolution on pages 12-13 of the staff report. This resolution approves a conditional use permit revision to expand the Saint Paul Water Utility's Plant Building at 1900 Rice Street North. The city bases this approval on the findings required by the code and is subject to the following conditions: 1. All construction shall follow the approved site plan. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. Commissioner Frost seconded the motion. The motion carries. Ayes- Ahlness, Dierich, Fischer, Frost, Pearson, Rossbach, Trippler This item goes to the City Council on December 10, 2001. b. ISTS (Individual Sewage Treatment Systems) Mr. Roberts said city staff has been working with the staff of the Metropolitan Council to complete the required update of the Comprehensive Plan. This plan update is to include policies in the plan about ISTS (Individual Sewage Treatment Systems) and is to have the city add code standards about ISTS. As such, city staff has updated the Water Resources Management Plan chapter of the Comprehensive Plan to include policies about ISTS. This proposed update starts on page two of the staff ,report. There are about 150 ISTS in Maplewood. Therefore, the proposed ordinance would only apply to a small percentage of the households in the city. A major concern with ISTS is ensuring that they receive regular maintenance and inspection. The Metropolitan Council and the State of Minnesota require the owners of ISTS to have the systems inspected at least once every three years. Planning Commission Minutes of 11-19-01 City staff, in order to simplify and speed up the ordinance writing process, is recommending that Maplewood adopt by reference Washington County Ordinance #103, Chapter 4 (individual Sewage Treatment System Ordinance). Washington County recently updated this ordinance making it very thorough and comprehensive about ISTS. Rather than writing our own ordinance, the city may use the Washington County ordinance (by reference) to meet the needs of Maplewood and to satisfy the requirements of the Metropolitan Council and the State of Minnesota. Mr. Roberts said staff is recommending: Approving the revised Water Resources Management Plan starting on page two of the staff report. Adopting the resolution on page seven of the staff report. This resolution adopts, by reference,. Washington County Ordinance #103, Chapter 4, Individual Sewage Treatment System Ordinance, as a part of the Maplewood City Code. Chairperson Fischer asked staff when you reference by number the onsite systems we presently have, are those all located down on the very south tip where the city does not plan to put in piping or are there scattered systems through other sections of the city? Mr. Roberts said there are a few systems on County Road D but 98% are on the south end of Maplewood, South of Carver Avenue. There are no sewers in this area and there are no plans for sewers at this time. Chairperson Fischer asked staff if the plan is, upon this adoption, to immediately visit all of these sites and see if they are in compliance with an immediate shape up ordered to them? Or how would they be implemented? Mr. Roberts said that has to be worked out yet with staff. He is sure we do not have the staff to go out and visit 150 ISTS sites. We may go out and do half of them and systematically go through and see each of them. Several of the systems are in Hailers Woods that are about three years old and those would be a lower priority. The systems that are 40 or 50 years old would be top priority. Chairperson Fischer said given the worse case scenario of one of the older sewer systems that has not been properly maintained and does not meet the specifications today. Chairperson Fischer asked about the procedure. This could be a costly situation of $10,000 or $15,000, and how would the homeowner be able to pay for it? Mr. Roberts said that is another detail staff would have to work out with the Metropolitan Council. His guess is that the city would do the project and then assess the project back and put it on the resident's taxes over five or eight years. That way the project gets done, the work is done correctly and yet it will still get paid for. Commissioner Dierich said to her knowledge, all of the homes in Hailers Woods have septic systems that are out of compliance. Also, about 50% of the residents probably could not afford to add an assessment to put in a new septic system. Planning Commission Minutes of 11-19-01 -5- Commissioner Dierich said those septic systems are sitting on soil that is not even the kind of soil that they want in this type of plan. Commissioner Trippler said he got the impression from the lead in of the staff report that staff was proposing that the city adopt the ordinance that Washington County had in place. As he was reading through the report he saw that there were a number of places where there appear to be additions. Are the parts that are underlined new parts from the City of Maplewood, or why are they underlined? Mr. Roberts said when staff first received this report from Washington County it came that way with the underlined sections because they had recently gone through and adopted a revision and added those sections. Staff has since then received a clean copy with the underlining taken off and that will be the copy that is sent to the Metropolitan Council. The underlining language came from Washington County as a recent update that they had done. Commissioner Trippler asked if what staff is saying is that there were no changes to the Washington County report at all? Mr. Roberts said correct, no changes have been made. Commissioner Trippler asked staff if there is a deadline for approving the ISTS report? Mr. Roberts said ideally the Metropolitan Council wanted this done by the first of the year two years ago. The goal was to have it done by the first of the year 2002. If the commission is not comfortable with the report, and has several questions, staff is not opposed to tabling it. Commissioner Dierich said having 100 feet between wells and ISTS is difficult and hardly anyone will be in compliance with that standard, when the septic systems were put in, the rules required a 50-foot minimum separation. Now you would be looking at people having to move their septic systems on their own lots to meet the standards. She is also concerned about the dual system and the space in a person's yard. Mr. Roberts said the city requires any person doing a lot split to show that they can accommodate two septic systems now. Mr. Roberts said that the city was not intending to tell people if they are in nonconformance with this ordinance to immediately change everything around to make it conform. The city knows that will not happen. Chairperson Fischer said yet the wording of the ordinance, as it presently reads, does state that. Mr. Roberts said the city wants to make sure a septic system is pumped once every three years. That is the city standard, and that helps ensure that a septic system won't fail. That is the number one thing they want to make sure happens. Commissioner Dierich asked staff if the city has qualified inspectors to inspect the septic systems? Mr. Roberts said one of the building inspectors is qualified to inspect the septic systems. Planning Commission Minutes of 11-19-01 -6- Chairperson Fischer asked staff, if the city did not have a qualified inspector, would we accept certification by a licensed professional who was capable of inspecting septic systems? Mr. Roberts said yes the city would have to. Chairperson Fischer asked staff if we could somehow build that into the ordinance so we would not have to hold the work up because we did not have someone who was certified to do the job? Commissioner Dierich said watching her neighbors build their own septic system, the soil in the area of the drain field is totally smashed down, but the soil has to be virgin. She is not sure how the city will monitor those types of things with the proper soil and not being driven on etc. Commissioner Rossbach said the monitoring issue requires there to be someone competent to pay attention to the details of the system. The normal routine is that once you go onto a site to start construction you completely surround not only the area where you are going to put the septic system but also the future set aside area with an orange snow fence. Commissioner Dierich said that is not currently happening. Commissioner Rossbach said then the building inspector should reject that site if it is not happening. Anywhere Mr. Rossbach has built in the Metro area the system is always the same and the rules say you cannot drive on the future septic area. Commissioner Dierich said if you are a contractor that may be true, but if you are a homebuilder that is not true. Commissioner Rossbach said that would be one of the disadvantages of not hiring a contractor. Quite frankly he has not built a septic system in Maplewood but he can't believe the city doesn't have some information that says you can't drive on the septic area. Chairperson Fischer said that Commissioner Dierich is bringing up the point that commission members have heard time and time again from members of this commission that are out looking at sites along Highway 61 and other areas that conditions that have been put on things have not been enforced. If we are thinking of putting something in this report that is going to require additional enforcement, are we looking at what the city's ability is to supply the staffing to adequately do what it says we are going to perform under this particular ordinance? Commissioner Frost said the state rules require all people that put in septic systems follow rules. Rules do outline exactly what is outlined in the staff report for Washington County. If you have a licensed contractor, he is supposed to follow state rules regardless of what is in the ordinance. The ordinance is just the city's local rule that they enforce. However, regarding the existing systems, if the system is failing, you have ten months in accordance with the state rule and its ordinance to fix it. Failing means it is seeping into the ground, it may be in your basement, etc. You have to stop flushing the toilet until it gets fixed. Planning Commission Minutes of 11-19~01 -7- Commissioner Rossbach wants to clarify in the staff report on page 3, item number 2. The City encourages (does this mean if they don't want to do it they don't have to?) the pretreatment of storm water where it would effect high-quality wetlands. Does this mean we don't care what they do to Iow-quality wetlands? If the goal is that we want to improve the water quality he doesn't see how not protecting our lower quality wetlands is doing that. Then you jump over to wetlands in the report on page 4 under the Goal it says where practicable, improve the functions, values, biodiversity and acreage of wetlands and their buffer areas. It seems like in one we are trying to make it better and in the other we are saying we really only want to make the high-quality wetlands better. He is not sure if the goals are laid out here as being general policies, what is the purpose of the goals and policies, and are they going to be enforced? Mr. Roberts said they would come up if the city did not have a specific ordinance to fall back on but clearly with wetlands the city does. It may also be a case where if someone wanted to have a variance to a wetland setback they could show they are meeting some of these goals and policies by doing something different than just the city's 50-foot setback. Commissioner Rossbach asked staff in their opinion would it be good to try to make it so that all of the goals and policies are pointing the same direction? Mr. Roberts said absolutely. Commissioner Rossbach said then between the wetlands portion and the runoff management portion there seems to be several conflicts. Such as encouraging pre treatment of storm water regardless of the quality of what the wetland that it is going into. Also the wording on page 4 numbers 4 and 5 need to be looked at. Mr. Roberts asked if it would help if they stopped on page 3 at policy number 3? Commissioner Rossbach said yes he thinks so. Also jump up to policy 1 on page 3. Should it be post or pre development? He thought the city was trying to make it so they did not have any more runoff after they built than before they built? Mr. Roberts said he would check with the city engineers. He thinks it should say pre instead of post development. Commissioner Rossbach said on page 4 under policy number 2 under Erosion and Sediment Control the word consider, as a builder he would consider it for 5 seconds and then he would do what ever was the cheapest for himself as the builder. Also on page 5 under Groundwater Goals policy number 2, another consider that the wording should be defined better. Mr. Roberts said he thinks consider means that they are planting the seed with the city council, not that the private developers would have to do it. Maybe a word like develop would be better than consider?. Commissioner Rossbach said yes. Anything saying there is some action taking place rather than the city is thinking of taking action. Another area is on page 2, policy number 5 a detailed city- approved maintenance plan. Where is that going to come from and what exactly does that mean? Planning Commission Minutes of 11-19-01 -8- Mr. Roberts said he would check with engineering. Commissioner Pearson said on page 5, policy number 3, what circumstances are there where Maplewood would require owners to meet or exceed state rules or local ordinances? Mr. Roberts said if the applicant wants to meet or exceed the rules that is great but they are not required to exceed the standards. Commissioner Fischer said as it reads the city could require the owners to exceed the rules with the verbiage that is written in the report. Commissioner Frost said what about the verbiage encourage to exceed the rules? Commissioner Frost said on page 4 policy 5 it should say in accordance with the Maplewood Wetland Buffer Ordinance instead of guidelines provided by. Commissioner Ahlness said on page 3 on policy 1 and policy 5 he thinks back to last spring when commission members were looking at the Kingdom Hall and they had a resident come in and express that a 100-year recurrence really isn't that rare and he has experienced several of them, and the commission should consider looking at a higher standard than 100. Looking at this policy this is where commission members would look at this. Commissioner Rossbach said that everything he has ever dealt with has been 100 years and it seems to be the standard. Commissioner Fischer said on page 2, policy 6, for the rainwater garden 5 years ago that was not a word commission members were throwing around that easily. Rainwater gardens mean retention facilities and perhaps in the wordage of the report it could be emphasized that retention facilities and rain gardens and other on site retention facilities are included in this policy. On page 3 in policy 2 and 6 when referring to flow rates maybe we could add the words and volume there so we could be consistent with what was said above. An attempt to control volume as well as the rate of runoff. Chairperson Fischer said on page 15 under section 4.13 you may want to specify which department it is conducted by. Under page 61, section 7.2, policy 1, department is in reference to the Washington County Public Health Department. Chairperson Fischer asked about the tables on page 38. Are these all appropriate to Maplewood? Would Maplewood have any different items that are not listed on this table? Commissioner Rossbach said regarding the definition in the report of department it is referring to Washington County Health Environmental and Management Department on page 6 of the Washington County report. Chairperson Fischer asked staff if there is a board of appeals section in the report? Mr. Roberts said it is on page 62 section 7.3. Planning Commission Minutes of 11-19-01 -9- Chairperson Fischer asked staff, if in this instance commission members would utilize the City Council in this process? Mr. Roberts said yes. Commissioner Trippler said as long as the Metropolitan Council is going to expect to have this done by the end of the year he would prefer to have the revisions completed and see a cleaner copy. In the word processing process, you need to be careful not to change the meaning of things when deleting words in doing a search and find to change words. Commissioner Rossbach said this was a great idea to use this report as a starting point but it needs to be cleaned up to read as the City of Maplewood's document for commission members to read. Commissioner Trippler said he thinks members have come up with some excellent ideas about making these goals and policies. Commissioner Dierich said she would agree with the comments made and would also like to see a cleaner copy. She is also concerned about page 63 and making sure the inspections required are indeed done in compliance with the ordinances. Commissioner Dierich commented that currently they are not being done. Chairperson Fischer asked staff if it was the intent to have a permit for existing onsite systems? Mr. Roberts said a permit would only be required if they were going to do a major repair or new installation. Commissioner Rossbach said they have this list of inspections that need to be inspected before you lay the backfill over your drain field and of course you are not supposed to drive over the drain field but you have to bring the equipment to put the drain field in onto the drain field, so the typical routine that is used is you put in the drain field and as you go, you cover it so you don't have to re-drive onto the drain field to cover it again. It is set up that the inspector wants to see the steps as they are done, but then you are forcing people to travel on the area of drain field that we don't want to be driven on to do the inspections. In most installations it is dug, installed and covered all in one pass and then the inspector can see the last three or four feet of the pipe runs. Commissioner Dierich asked staff if the city has a set of installers of septic systems that are licensed through the city? Mr. Roberts said the installers are state licensed. Chairperson Fischer asked staff if they have come up with an estimate for the council and will there be a need for additional staffing. What would be the cost of that? Is this something that would be borne on the permit cost or on city funding? Mr. Roberts said none of that has been determined yet. VII. Planning Commission Minutes of 11-19-01 -10- Commissioner Frost said Washington County charges $10 for a permit that the sewer pumper has to have and they have to send it back to the county that states where it was put and how much was pumped etc. so there is some recovery for the cost. Commissioner Dierich asked staff right now if you have a well and a septic system you are not billed for water, correct? Mr. Roberts said correct. Commissioner Trippler said when you read through the report or ordinance it requires the systems be pumped on a regular basis. One of the reasons you want to pay the fee is that you get a piece of paper that somebody actually paid to pump the system and then it can be put in a database. This way you can keep track if whether these systems are in fact pumped and when they are supposed to be pumped, otherwise you have no idea of the maintenance record. Commissioner Trippler moved to table the ordinance amendment resolution for ISTS Standards until the city staff presents commission members with a clean copy and incorporate the changes that were discussed. Commissioner Rossbach seconded the motion. The motion carries. Ayes-Ahlness, Dierich, Fischer, Frost, Pearson, Rossbach, Trippler c. Resolution of Appreciation for Jack Frost Mr. Roberts said that most of the commission members already knew that Jack Frost submitted his resignation to the commission in September and he was gracious enough to extend his term until the end of the year. Commissioner Pearson moved to approve the resolution of appreciation for Jack Frost. Commissioner Rossbach seconded the motion. The motion carries. VISITOR PRESENTATIONS Ayes- Ahlness, Dierich, Fischer, Frost, Pearson, Rossbach, Trippler None. VIII. COMMISSION PRESENTATIONS a. October 22, 2001, city council meeting: Mr. Ahlness No planning commission representation was needed at this meeting. Planning Commission Minutes of 11-19-01 -11- b. November 13, 2001, city council meeting: Mr. Trippler Hill Murray High School Conditional Use Permit was approved by the council - ayes all. Ramsey County Productive Day Golf Course was approved by the council - ayes all. c. November 26, 2001, city council meeting: No planning commission representation is needed at this meeting. d. December 10, 2001, city council meeting: This meeting was going to be represented by Mr. Mueller but he is unable to attend this meeting. Mr. Rossbach will replace Mr. Mueller and represent the planning commission. Chairperson Fischer asked staff about the advance notification on the Care Free Villa development on Gervais Avenue. Is there anything unusual that commission members should be looking at? Mr. Roberts said no, it is an expansion of what is already there. Mr. Mogren is working on some revisions to the plans for landscaping. Chairperson Fischer said to staff in the minutes for October 15, 2001, it was referred to that an article on the big box stores would be included in the next packet and it was not. Could that article in the state-planning newsletter be included in the next packet for members to read? Commissioner Trippler asked staff if they have received any applications to fill Mr. Frost's position on the commission? Mr. Roberts said yes, about five applications have come in and whatever meeting that is held in December, staff would invite those applicants to come and do interviews for the position. IX. STAFF PRESENTATIONS Mr. Roberts said there is a meeting December 17, 2001. There is talk of having a city council meeting at 5:00 p.m. and at 6:00 p.m. doing a joint city council, planning commission and possibly a community design review board meeting regarding the mall area traffic study. Then the planning commission would hold their regular meeting at 7:00 p.m. X. ADJOURNMENT The meeting was adjourned at 8:08 p.m. MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: City Manager Ken Robeds, Associate Planner Carefree Cottages Villas (Phase IV) Behind 1733 Gervais Avenue Bruce Mogren December 5, 2001 INTRODUCTION Project Description Bruce Mogren, representing the Carefree Cottages Villas, is proposing to build 12 units of senior housing and 2 single dwellings. He is proposing to build this project on the north side of Gervais Avenue between the Carefree Cottages of Maplewood and the property at 1733 Gervais Avenue. (See the location map on page 14 and the property line/zoning map on page 17.) The development would have two areas. As shown on the proposed site plan (page 20), there would be two one-story buildings with a total of 12 townhome units nodh of Gervais Avenue, next to the driveway for the existing Carefree Cottages. The other part of the project would be along Gervais Avenue and would include 3 single dwellings (the existing house at 1733 Gervais and 2 new houses on either side of the existing house). The 15 total units would be on a 1.9-acre site for an average of 7.9 units per acre. The site would have 12 open parking spaces - one in front of each garage stall. (The proposed plan does not show any guest parking spaces). The buildings would have exteriors of vinyl horizontal-lap siding, gray asphalt shingles and vinyl trim and fascia boards. Requests To build the development, Mr. Mogren is requesting that the city approve the following: A change in the city's land use plan. This change would be from R-1 (single dwellings) to R-3H (residential high density) for the 12 townhouse units. (See the existing and proposed land use plan maps on pages 15 and 16.) A conditional use permit (CUP) for a planned unit development (PUD) for a 15-unit housing development. This PUD would have 12 units of rental senior housing and three single dwellings. The applicant is requesting the CUP because the proposed development has a mix of housing types, lot sizes and densities. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details than the standard zoning requirements would normally allow. For example, the new proposed lots on Gervais Avenue would be 9,375 and 9,384 square feet in area. (See the property line/zoning map on page 17, the proposed lot split map on page 19 and the proposed site plan on page 20.) 3. A lot division to divide the property into four lots - 3 lots for the single dwellings along Gervais Avenue and one lot for the 12 townhouse units. (See the map on page 19.) 4. The design plans for the site, landscaping and buildings. DISCUSSION Zoning, Land Use and Comprehensive Plans The city has shown this site planned for Iow-density residential development (R-l) on the land use map (see the map on page 15). To have town houses, the applicant is requesting that the city change this designation to high-density residential (R-3(H)). Maplewood intends areas designated as R-3(H) as areas for townhouses or apartments of up to 12 units per gross acre. Maplewood has zoned this property R-1 (single dwellings). This zoning designation only allows single dwellings and their accessory uses. Because of this zoning designation, the developer has also applied for a conditional use permit for a planned unit development for this proposal. The proposed development plan is consistent with the density allowed by the proposed comprehensive plan designation. Specifically, the 15 new units on the 1.9-acre site means there would be 7.9 units per gross acre. This proposal would meet the density standards outlined in the Maplewood Comprehensive Plan for high-density residential areas. In addition, the proposed development density would be consistent with the density standards recommended by the Metropolitan Council for housing in first-ring suburbs. This is a good site for a mix of housing styles and densities. It is next to an existing senior housing development, on a collector street (Gervais Avenue) and near an arterial street (White Bear Avenue) and a church. Conditional Use Permit The applicant is requesting the CUP for the PUD because the proposed development has a mix of rental town houses and three single dwellings. The current R-1 zoning only allows single dwellings, unless the city approves a PUD for a mix of housing for the site. Having the PUD also gives the city and developer a chance to be more flexible with site design and development details than the standard zoning requirements would allow. The developer intends to rent the town houses to seniors. As proposed, the 15 dwelling units would be on about 1.9 acres for an overall project density of 7.9 units per acre. Compatibility Staff does not find a problem with compatibility in terms of land use. The proposed senior town houses would be next to an existing senior housing development. In addition, townhomes are often built next to single dwellings. A recent example is with the New Century Addition in south Maplewood. The developer, Robert Engstrom, is presently developing this neighborhood with a mix of single dwellings and townhomes. There are many other examples in Maplewood where this is the case as well. Traffic Traffic-generation data from the Institute of Traffic Engineers indicates that residential units like townhomes generate an average of five vehicle trips per day. In either case, with the proposed 12 town house units and three single dwellings, there would not be a large number of cars added to this area. Property Values The Ramsey County Assessors Office has told us that multiple dwellings adjacent to single dwellings are not a cause for a negative effect on property values. If properly maintained and kept up, this development should not be detrimental to the neighborhood. The required annual review of the conditional use permit is a built-in safeguard to ensure that the city council will regularly review this development. As stated above, it is common that residential developers mix single dwellings and townhomes in their projects. Public Utilities There are sanitary sewer, storm sewer and water in Gervais Avenue and in the existing Carefree Cottages to serve the proposed development. Drainage Concerns The grading plan (on page 21) shows the developer using a rain water garden and the existing storm sewer in Gervais Avenue to control the storm water. The developer's engineer has provided the city engineer with information and calculations showing that this project will not increase the amount of storm water running off of the site. Tree Removal/Replacement As proposed, the applicant's contractor would grade most of the property to prepare the site for construction. The proposed plans show the developer removing 13 large trees (maple, oak and basswood) and transplanting 21 coniferous trees within the site. (See the plans on pages 20 and 21.) With careful grading and construction, the developer will be able to save several of the large trees on the site - primarily along the east side of the site and along Gervais Avenue. The applicant is proposing to plant at least five replacement trees (including ash and maple) with his plans. In addition, city staff is recommending that the developer plant additional trees for screening on the site. Sidewalk I had Chuck Ahl, the Maplewood Public Works Director, review the proposed development plans. Mr. Ahl noted that the developer is not proposing to build any trails or sidewalks with the development. He recommends that the developer install a six-foot-wide concrete sidewalk along the north side of Gervais Avenue between the west end of the existing sidewalk and the west property line of the site. This sidewalk would allow people to walk between the homes on Flandrau Street and the new houses on Gervais Avenue to the commercial area to the east without having to go on the street. The city engineer also told me that he would allow some flexibility with the design and location of the new sidewalk to allow the developer to work around the existing trees and grades in the location of the sidewalk. Lot Division and Access The proposed plans show access to the northerly town houses from the existing driveway for the Carefree Cottages. The applicant told me that he would be arranging for cross easements and access agreements for his development to use this driveway. City staff should review these agreements before the project receives final approval from the city. The town houses on the south side of the development will have access from a new driveway that would connect to Gervais Avenue. As proposed, the 12 town houses will be on one parcel and the three single dwellings will each be on their own parcel. (See the proposed lot split map on page 19.) Since the proposal includes creating four parcels, the city needs to approve a lot division so the developer may divide the properly as proposed. Building Design, Site Layout and Landscaping Design Review Discussion The proposed buildings would be attractive and would fit in with the design of the existing Carefree Cottages in the area. They would have an exterior of horizontal vinyl siding (with a wood grain finish), vinyl trim and the roofs would have pewter gray asphalt shingles. (See the proposed elevations on pages 23 and 25 and the enclosed project drawings.) These buildings would be very similar, if not identical to, the existing Carefree Cottages to the north and east of the site. Staff does not have any major concerns about the proposed plans since this development will be on a private driveway and would be somewhat isolated. In fact, only the tenants of the town houses and the residents in the existing town house building would be able to see the fronts of the new buildings. Parking It should be noted that the city will not allow parking along the new driveway in the site since it will be 24 feet wide. There is little room on the site to add off-street parking within this development without squeezing two or three spaces between the driveways of the four-unit and eight-unit buildings and possibly west of the four-unit building. Landscaping The developer should further develop the landscaping plan to increase the screening between the proposed town houses and the existing and proposed single dwellings. There are at least three areas that will need additional plantings or another type of screening method. Specifically, these additional trees should include Colorado Blue Spruce, eastern red cedar and eastern arborvitae. These additional trees should be located as follows: (1) (2) (3) Along the north property line of 1725 Gervais Avenue. Along the south side of the new driveway (along the south property line of Parcel A). Along the west side of the new driveway (along the east property line of Parcel B). The trees in these locations shall be at least 8 feet tall, in staggered rows (if possible) and are to provide screening that is at least 80 percent opaque. Watershed District It is important to remember that the applicant or the contractor must get a permit from the watershed district before starting grading or construction. That is, the watershed district will have to be satisfied that the developer's plans will meet all watershed district standards. The applicant must contact Karl Hammers of the watershed district at (651) 704-2089 to inquire about their plan review and permitting requirements. Fire Marshal's Comment Butch Gervais, the Maplewood Fire Marshal, stated that the fire department must have clear passage to the buildings. The final site plan should be reviewed by Mr. Gervais to ensure fire safety needs are met. RECOMMENDATIONS Approve the resolution on page 29. It changes the land use plan from R-1 (single dwelling residential) to RH (residential high density) for the 12 town house units of the Carefree Villas of Maplewood. The city bases this change on the following findings: This site is proper for and consistent with the city's policies for high-density residential use. This includes being next to existing high-density senior housing units, a collector street and near two churches, shopping and Four Seasons Park. 2. This development will minimize any adverse effects on surrounding properties because: a. Studies have shown there will be no adverse effect on property values. b. There would be no traffic from this development on existing residential streets. Approve the resolution starting on page 30. This resolution approves a conditional use permit for a planned unit development for the Carefree Villas, based on the findings required by code. (Refer to the resolution for the specific findings.) Approval is subject to the following conditions: All construction shall follow the plans dated November 26, 2001, except where the city requires changes. Such changes shall include revising the grading and site plans to show the required sidewalk along Gervais Avenue. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. The owner shall not convert the town houses in this development to non-seniors housing without the revision of the planned unit development. For this permit, the city defines senior housing as a residence occupied by persons that are 62 years of age or older. 4. There shall be no outdoor storage of recreational vehicles, boats or trailers at or around the townhouses. 5. Residents shall not park trailers and vehicles that they do not need for day-to-day transportation on the town house site. 6. If the city council decides there is not enough on-site parking after the town houses are occupied, the city may require additional parking. Co 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The three single dwellings are exempt from reviews for conditional use permit revisions for any expansions, additions or changes provided that such changes would meet all applicable zoning and building standards and requirements. 9. The city council shall review this permit in one year. Approve the proposed lot split shown on page 19. This plan creates four parcels for the Carefree Villas development on Gervais Avenue. This lot division shall be subject to the developer or applicant completing the following conditions before the city approves the lot division deeds: 1. The developer or owner recording drainage and utility easements along all existing and new property lines, subject to the approval of the city engineer. 2. The developer or owner recording cross easement and access agreements for Parcel A to have access to Gervais Avenue across the adjacent property (the existing Carefree Cottages). 3. Signing an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. c. Provide all required and necessary easements (including ten-foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot). d. Pay the city for the cost of any traffic-control, street identification and no parking signs. e. Install a sign where the new driveway intersects Gervais Avenue indicating that it is a private driveway. f. Provide for the repair of Gervais Avenue (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the private driveway. g. Pay the costs related to the engineering department's review of the construction plans. 4. Changing the proposed lot divison as follows: a. Dedicate drainage and utility easements along all property lines. These easements shall be pedestrian and utility easements in the front and shall be ten feet wide, shall be 10 feet wide along the rear property lines and five feet wide along the side property lines. b. Add drainage and utility easements as required by the city engineer. Do o Secure and provide all required easements for the development. These shall include any off- site drainage and utility easements, subject to the city engineer's requirements. 6. Record the following with the lot division deeds: a. All homeowners association documents. b. An access agreement for the proposed town houses that ensures the tenants may use the existing driveway(s) for ingress and egress. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording to assure there will be one responsible party for the maintenance of the common areas, private utilities, driveways and structures. The city will not issue building permits until the deeds for the town house site and the three single dwelling lots are recorded and the developer has met the city conditions. Approve the plans (site and landscaping) dated November 26, 2001 and the building elevations (dated November 26, 2001 ) for the Carefree Villas of Maplewood. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include the grading, utility, drainage, erosion control, tree, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The final grading plan shall include: (a) Building, floor elevation, driveway and contour information. (b) The street, driveway and sidewalk grades as allowed by the city engineer. (c) No grading beyond the boundaries of the development without temporary grading easements from the affected property owner(s). (d) Emergency overflow swales as required by the city engineer or by the watershed district. The design of the overflow swales shall be approved by the city engineer. (3) There shall be no parking on either side of the new private driveway. The developer or contractor shall post the driveways with no parking signs. (4) The tree plan shall: (5) (6) (7) (8) (a) Show where the developer or contractor will remove, save or replace large trees. (b) Show the size, species and location of the replacement and screening trees. The new screening trees shall be grouped together. These planting areas shall be along the south and east sides of the site to help screen the development from the existing and proposed houses to the south. The deciduous trees shall be at least two and one half (2 1/2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine and other species. (c) Show the planting or transplanting of at least 20 trees after the site grading is done. (d) Show no tree removal beyond the approved grading and tree limits. (e) Include for city staff a detailed tree planting plan and material list. All the parking areas and driveways shall have continuous concrete curb and gutter except where the community design review board, based on the city engineer's determination, decides that it is not needed for drainage purposes. The design of the rainwater garden and its outlet shall be subject to the approval of the city engineer. The outlet shall be protected to prevent erosion. The developer shall give the city an easement for this drainage area and shall be responsible for getting any needed off-site pond and drainage easements. Provide a minimum of six-inch-thick sidewalk section at each driveway. The site, driveway, sidewalk and utility plans shall show: (a) A six-foot-wide concrete sidewalk along the north side of Gervais Avenue between the west end of the existing sidewalk and the west property line of the site.. The public works director shall approve the location and design of the sidewalk. (b) A water service to each unit. (c) Repair of Gervais Avenue (street and boulevard) after the developer connects to the public utilities and builds the private driveway. (d) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire-flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (e) The plan and profiles of the proposed utilities. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. C. Revise the landscape plan for city staff approval showing: (1) Foundation plantings of perennials and shrubs (with mulch) for the areas between the sidewalks and the proposed buildings. (2) The planting of additional native evergreens on the site to provide additional screening. These additional trees should include Colorado Blue Spruce, eastern red cedar and eastern arborvitae. These additional trees should be located as follows: (a) Along the north property line of 1725 Gervais Avenue. (b) Along the south side of the new driveway (along the south property line of proposed Parcel A). (c) Along the west side of the new driveway (along the east property line of Parcel B.) The trees in these locations shall be at least 8 feet tall, in staggered rows (if possible) and are to provide screening that is at least 80 percent opaque. (3) All lawn areas shall be sodded. The city engineer shall approve the vegetation within the rainwater garden. (4) Having in-ground irrigation for all landscape areas (code requirement). Show city staff that Ramsey County has recorded the deeds, cross easements and all homeowners association documents for this development before the city will issue a certificate of occupancy for the first town house unit. 3. Complete the following before occupying the buildings: Replace property irons that are removed because of this construction and set new property irons for the new property corners. bo Restore and sod damaged boulevards and sod all turf areas outside of the rainwater garden. Install a reflectorized stop sign at the Gervais Avenue exit, a handicap-parking sign for each handicap-parking space, no parking signs along the private driveway and addresses on each building for each unit. In addition, the applicant shall install stop signs and traffic directional signs within the site, as required by staff. do Construct a six-foot-wide concrete public sidewalk on the north side of Gervais Avenue between the west end of the existing sidewalk and the west property line of the site. The Maplewood Public Works Director shall approve the location and design of the sidewalk. Provide pedestrian ramps in the sidewalk along Gervais Avenue to match the entrance driveway. Any future driveway shall match the grade of the new sidewalk. o f. Complete the site grading and install all required landscaping, the rainwater garden and an in-ground lawn irrigation system for all landscaped areas (code requirement). g. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls, except where the CDRB determines that it is not necessary. h. Install on-site lighting for security and visibility, subject to city staff approval. i. Construct a six-foot-wide concrete sidewalk on the north side of Gervais Avenue from the west end of the existing sidewalk (near the easterly driveway) to the west property line of the site. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. All work shall follow the approved plans. The director of community development may approve minor changes. 10 CITIZEN COMMENTS Staff surveyed the 19 property owners within 350 feet of the site about the proposal. There were three responses. For 1. This would be just fine for us. (Owner- 1730 Gervais Avenue) 2. We need lots more senior housing in Maplewood! We need to take better care of our senior population and give them opportunities in housing. (Anonymous) 3. I am very pleased with the proposal to add units to the Carefree Villas. I believe they will be a nice addition to the neighborhood. (Fenton - 1725 Gervais Avenue) REFERENCE Site Description The site has a single-family home. Surrounding Land Uses North: Existing Carefree Cottages of Maplewood. East: Existing Carefree Cottages of Maplewood. South: Gervais Avenue. South of Gervais Avenue are light industrial land uses such as Cook's Auto Repair, an office-warehouse complex and Schwan's Foods warehouse. West: The Seasons Park Addition with single-family homes along Flandrau Street, a Lutheran church and Four Seasons Park. Reasons for the ReqUests This proposal needs a land use plan change because: 1. State law does not allow a city to adopt any regulation that conflicts with its comprehensive plan. 2. One of the findings required by code for a CUP is that the use is in conformity with the city's comprehensive plan. The land use plan shows this site for R-1 (single dwelling) uses, which do not include multiple-family housing. The developer is applying for a CUP because the zoning on this site is R-1 (single dwellings). The R-1 zone only allows single dwellings and their accessory uses. The developer chose to apply for a CUP, rather than a zone change, to have the town houses on the site. A CUP for a PUD is only for a specific use and site plan. A rezoning to R-3 (multiple dwelling residential) would allow a variety of multiple-dwelling uses and plans. PLANNING Existing Land Use Plan designation: R-1 (single dwellings) Proposed Land Use Plan designations: R3-H (high density residential) and R-1 Zoning: R-1 CRITERIA FOR APPROVAL Land Use Plan Change There are no specific criteria for a land use plan change. Any land use plan change should be consistent with the goals and policies in the city's comprehensive plan. Findings for CUP Approval Section 36-442 states that the city council must base approval of CUPs on the nine findings stipulated in the resolution on pages 30 & 31. Design Approval Section 25-70 of the city code requires that the CDRB make the following findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. HOUSING POLICIES The land use plan has eleven general land use goals. Of these, three apply to this proposal. They are: minimize land planned for streets, minimize conflicts between land uses and provide many housing types. The land use plan also has several general development and residential development policies that relate to this project. They are: Transitions between distinctly differing types of land uses should not create .a negative economic, social or physical impact on adjoining developments. Whenever possible, changes in types of land uses should occur so that similar uses front on the same street or at borders of areas separated by major man-made or natural barriers. 12 Include a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single-family housing, public-assisted housing and Iow- to moderate-income housing, and rental and owner-occupied housing. Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate buffering and separation. The housing plan also has policies about housing diversity and quality that the city should consider with this development. They are: - Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life-cycle needs of all income levels, those with special needs and nontraditional households. - The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. The city's long-term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. Application Date We received the revised plans from the applicant on November 26, 2001. State law requires that the city take action within 60 days of receiving complete applications for a proposal. As such, the city must take action on this request by January 25, 2002. kr/c: Sec 10/villas. mem Attachments 1. Location Map 2. Existing Land Use Plan Map 3. Proposed Land Use Plan 4. Property Line/Zoning Map 5. Existing Property Line Map 6. Proposed Lot Split Map 7. Proposed Site and Landscape Plan 8. Proposed Grading, Tree and Utility Plan 9. 8-unit Building Floor Plan 10. Proposed building elevation 11. 4-unit building floor plan 12. Proposed building elevations 13. Applicant's Comprehensive Plan Amendment Statement 14. Applicant's CUP Statement 15. Resolution: Land Use Plan Change 16. Resolution: CUP for PUD 17. Project Plans date-stamped November 26, 2001 (Separate Attachment) 13 SU~T COUNTRYVIEW DULUTH CT. .Attachment 1 NC DEMONT EHIII RD. AVE. SHERR~N AV~. Loke Av~. ~ AVE. RD. AVE. A~.N D LOCATION MAP ~' ! C~j' P :R": 2 .'.. - OS C M- 1 LBC Attachment 2 OS BC BC High-way 36 ., 'interchange " : .... ;'.~ :, LEGEND R-1 = SINGLE DWELLINGS R-3(H) = HIGH DENSITY RESIDENTIAL P = PARK C = CHURCH OS -- OPEN SPACE M-1 = LIGHT MANUFACTURING BC = BUSINESS COMMERCIAL LAND USE MAP (EXISTING) Attachment 3 .~ c Tdr:I I P M- 1 LBC BC C Highway 36 OS LBC BC ·interchanget · I 0 ~ 0 LEGEND R-1 = SINGLE DWELLINGS R-3(H) -- HIGH DENSITY RESIDENTIAL P = PARK C -- CHURCH OS = OPEN SPACE M-I = LIGHT MANUFACTURING " BC = BUSINESS COMMERCIAL Attachment 4 4-00' R1 / 2465 4 24561 i~ 24~) 240~, 0 (so) ~ 24~0.) D BC i CAREFREE COTTAGES LBC 2 .lB ac, .,, "If" '°iL (ri, ~. PROPERTY LINE~7/ZONING MAP1 ~ Attachment 5 PARCEL "A" DESCRIPTION: PARCEL "A" _J Da$~N~- HOU$r [- GERVAIS I AVENUE EXISTING LOTS Attachment 6 -3' ! PROPOSED LOT 19 SPLIT Attachment 7 -'-"r~ ~XICTfI~ L 1733 d'-- ..' /' 5ERVAI5 AVEt40E PROPOSED SITE AND LANDSCAPE PLAN~o 1[~ i,. 4 UNITS ',,., ff = g24.0 .,, / 8 UNITS ,.'" F'F = g22,0j Attachment 8 /; IXlU~ I~STO4g tO l~E'r ~ ~ (,.-' M'T;,a.) Attachment 9 Attachment 10 Attachment 11 4-UNIT FLOOR PLAN 24 Attachment 12 PROPOSED BUILDING25 ELEVATIONS Attachment 13 COMPREHENSIVE PLAN' AMENDMENT Intended Use of Property Filing Requirements requested by Ken Roberts' NOV ! 3 2001 RECEIVED Mogren Development Company intends to construct twelve single level townhomes on the northern half of this property. These townhomes would be restricted to renters that are 55 and older. The south half of the property would be developed into three single-family lots (one of the lots has an existing home). I feel that this proposed development would blend very well with our current townhomes, which border the property on the east and north. I believe that townhomes would also be a better fit for the single family neighbors to the west. Townhomes would require a side setback of 50 feet from the neighboring single-family homes, as compared to the single-family minimum setback of 10 feet. The townhome buffer would be fully landscaped to provide more privacy. I have consulted with Development Engineering, the engineering company for this proposed project and they have concluded that this project would have a minimal impact on the existing utilities, specifically sewer and water. Changing the density from R1 to multifamily will increase the number of living units from seven to fifteen. Twelve of the units are restricted to tenants 55 years of age and older. Senior tenants have fewer persons per household and typically use less water and sewer than a family would. Senior households, on average, are rated at two persons per household while families are rated at 2.75 per household. Mathematically we are requesting a net increase of housing for thirteen additional senior people over the current zoning. Development Engineering concluded that this proposed development's impact on utilities should not be significant. 26 Attachment 14 REASONS WHY THE CITY SHOULD APPROVE THIS REQUEST 1.) This property is currently zoned RI. The development that is being submitted does not conform to the current comprehensive plan or zoning. Up until now this property has been virtually "Land Locked" because of its location. The proposal calls for rental housing restricted to "senior citizens", very~similar in nature to the existing Carefree Cottages which currently borders this property on two sides. 2.) This proposed development would not change the existing or planned character of the surrounding area. The property is currently zoned "R-I" Residential. I am proposing a P.U.D. because I feel that multi-family would be a good fit with the surrounding properties. This property does have a unique nature because it is bordered on the west by single family homes and on the north and east by multi-family townhomes. If the property were to be developed as single family residences, (the current proposed zoning), and the side setback from the single-family neighbors to the west would be only ten feet from their backyards. The single-family lots created would also be surrounded on two sides by senior citizen townhomes. If the city allows the proposed P.U.D. plan, the side set back from the single-family homes to the west would be fifty feet. This fifty feet consists of mature trees and the intention of this developer is to maintain as much as possible this fifty foot "buffer area" in it's current natural state. 3.) It is my opinion that the proposed P.U.D. would, at a minimum, maintain the property value of the adjacent single family homes. It stands to reason that this P.U.D. provides an extra fifty feet of green space adjacent to the neighbor's backyards as opposed to a single- family residence, which can be as close as ten feet away from these backyards. Plus, it is very unlikely that the senior rental units would create noise or disturbances in the neighborhood. 27 4.) Not applicable The development would only add twelve additional "senior citizen" living units to join the two hundred forty eight units, which already exist on this site. The traffic created by these additional units would have very little or no impact on the neighborhood. 6.) & 7.) There are currently adequate public facilities and there should be minimal impact with these additional units. 8.) & 9.) See the answer to//2 Attachment 15 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Bruce Mogren applied for a change to the city's land use plan from R-1 (single dwellings) to R-3H (residential high density). WHEREAS, this change applies to the undeveloped property located on the north side of Gervais Avenue between the Carefree Cottages of Maplewood (Phases I and II) and the house at 1733 Gervais Avenue. WHEREAS, the history of this change is as follows: On December 17, 2001, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. On , 2002, the city council discussed the land use plan changes. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described changes for the following reasons: This site is proper for and consistent with the city's policies for high-density residential use. This includes being next to existing high-density senior housing units, a collector street and is near two churches, shopping and Four Seasons Park. 2. This development will minimize any adverse effects on surrounding properties because: a. Studies have shown there will be no adverse effect on property values. b. There would be no traffic from this development on existing residential streets. The Maplewood City Council adopted this resolution on 2002. 29 Attachment 16 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Bruce Mogren applied for a conditional use permit (CUP) for the Carefree Villas (Phase IV) planned unit development (PUD). WHEREAS, this permit applies to the undeveloped property on the north side of Gervais Avenue between the existing Carefree Cottages of Maplewood (Phases I and 11 ) and the house at 1733 Gervais Avenue. The legal description is: The North 125 feet of the South 300 feet of the West 100 feet of Lot 2, E.G. Rogers' Garden Lots, and also; the East 10 feet of the West 100 feet of the South 175 feet of Lot 2, E.G. Rogers' Garden Lots, all in Section 10, Township 29, Range 22, Ramsey County, Minnesota. And Except the West 100 feet, the South 300 feet of Lot 2, E.G. Rogers' Garden Lots in Section 10, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: 1. On December 17, 2001 the planning commission recommended that the city council approve this permit. 2. On ,2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 3O 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans dated November 26, 2001, except where the city requires changes. Such changes shall include revising the grading and site plans to show the required sidewalk along Gervais Avenue. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The owner shall not convert the town houses in this development to non-seniors housing without the revision of the planned unit development. For this permit, the city defines seniors housing as a residence occupied by persons that are 62 years of age or older. 4. There shall be no outdoor storage of recreational vehicles, boats or trailers at or around the townhouses. 5. Residents shall not park trailers and vehicles that they do not need for day-to-day transportation on the town house site. 6. If the city council decides there is not enough on-site parking after the town houses are occupied, the city may require additional parking. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The three single dwellings are exempt from reviews for conditional use permit revisions for any expansions, additions or changes provided that such changes would meet all applicable zoning and building standards and requirements. 9. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on 2002. 31 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager . Ken Roberts, Associate Planner Comprehensive Plan and Ordinance Amendments - ISTS Standards December 11, 2001 INTRODUCTION The Metropolitan Council is requiring the City to amend the comprehensive plan and the city code to add standards about individual sewage treatment systems (ISTS). BACKGROUND On November 19, 2001, the planning commission reviewed the proposed update to the water resources management plan and the proposed ISTS ordinance. The commission asked staff to make several changes to these documents and bring them back to the commission. DISCUSSION City staff has been working with the staff of the Metropolitan Council to complete the required update of the Comprehensive Plan. This plan update is to include policies in the plan about ISTS and is to have the city add code standards about ISTS. As such, city staff has updated the Water Resources Management Plan chapter of the comprehensive plan to include policies about ISTS. Staff has included several changes to this part of the plan as suggested by the planning commission. The latest proposed update starts on page two. There are about 150 ISTS in Maplewood. Therefore, the proposed ordinance would only apply to a small percentage of the households in the city. A major concern with ISTS is ensuring that they receive regular maintenance and inspection. The Metropolitan Council and the state require the owners of ISTS to have the systems pumped at least once every three years. City staff, in order to simplify and speed up the ordinance writing process, has used Washington County's Ordinance #103 about ISTS (individual Sewage Treatment System) for the wdting of our ordinance. Washington County recently updated this ordinance making it very thorough and comprehensive about IST$. I have attached the proposed ordinance (with Maplewood references) starting on page seven. This ordinance will meet the requirements of the Metropolitan Council and the State of Minnesota. City staff will be working out how to implement the new ordinance standards, including the inspection of new systems and the record keeping for the pumping or maintenance of existing systems. RECOMMENDATIONS 1. Approve the revised Water Resources Management Plan starting on page two. 2. Adopt the ordinance starting on page seven. This ordinance adds to the Maplewood City Code the standards for Individual Sewage Treatment Systems (ISTS) in the city. p:compplan/ists.doc Attachments: 1. Proposed Water Resources Management Plan 2. Proposed ISTS Ordinance Amendment Attachment 1 WATER RESOURCES MANAGEMENT PLAN The goals and policies in this plan for the management of water resources in Maplewood are consistent with the goals of Ramsey-Washington Metro, Valley Branch, Capital Region and East Mississippi Watershed Districts, while meeting the more specific and changing needs of the City. A map showing the four watershed districts is on page 12. Maplewood recognizes the sensitivity of surface water and groundwater and has established environmental protection policies and standards (as noted below) that enhance protection of the environment, including surface water and groundwater resources, in the city and in the region. The goals and policies in this plan provide for future development and redevelopment in Maplewood while minimizing surface water problems and enhancing and protecting the environment. The City has adopted ordinances about flood plains, shorelands, wetland protection and erosion control to address the specific problems and concerns that these special conditions present. In addition, an important part of the water resources management plan is the management (including maintenance and enforcement programs) of individual sewage treatment systems (ISTS). The city will ensure protection of the public health and local surface water and groundwater through implementation of the Water Resources Management Plan, the ordinances and standards for ISTS and will continue to use and enforce the other city ordinances noted above. WATER QUALITY Goal Maintain or enhance the water quality of Maplewood's surface waters. Policies Cooperate and collaborate with the four watershed districts to maintain and improve water quality. Cooperate and collaborate with the watershed districts in their efforts to maintain and/or to improve the water quality of specific water resources in the City. Provide an appropriate level of storm water treatment upstream of lakes and wetlands, depending on the wetland's functions, values and management classification. Use regional storm water detention facilities to enhance water quality by removing sediment and nutrients from runoff. Pond designs will meet the national urban run-off program (NURP) removal standards. All projects using storm water treatment structures shall include a detailed City-approved maintenance plan that meets City and watershed district standards and criteria. Design storm water facility inlets to prevent debris from entering the conveyance system and impeding the flow path. Encourage using BMPs (best management practices) 138 ("rainwater gardens," treatment structures, NURP ponds, etc.) and other retention facilities on all improvement and reconstruction projects, whenever practical. Design outlet control structures, wherever practical, that restrict both high and Iow flows, to maximize sedimentation and nutrient removal. Continue implementation of the City's education program that includes items about preserving and improving water quality. Solve intercommunity water-quality issues through cooperation with the adjoining cities and appropriate watershed district. RUNOFF MANAGEMENT AND FLOOD CONTROL Goal Preserve, maintain, utilize and where practical, enhance the storm water storage and detention systems to control excessive volumes and rates of runoff, control flooding, protect public health and safety and to minimize necessary public capital expenditures. Note: The map on page 12 shows the general areas in Maplewood that have the potential for flooding. The City adopted a floodplain ordinance in 1991. Policies The City recognizes that runoff volumes typically increase with development; however, the City will require builders and developers to maintain peak runoff rates below the pre- development 100-year (1 percent) recurrence event by using regional detention facilities, rain water gardens and encouraging the use of infiltration to reduce runoff volumes where practical. All hydrologic modeling shall be based on ultimate development of the affected watershed. The City encourages the pretreatment of storm water. In addition, the City encourages the use of treatment ponds and infiltration methods for storing storm water to reduce runoff rates and volume and to improve the water quality of area lakes and wetlands. Storm water management improvements shall be designed based on the critical storm event for, and the ultimate development of, the drainage area. Projects that affect the storm water system shall have a protected emergency overflow structure (i.e., swale, spillway) into pond outlet structures to safely convey excess flows from storms larger than the 100-year (1 percent) event. o Maplewood will require minimum building floor elevations to be above the 100-year floodplain, in accordance with City and watershed district standards. At a minimum, the lowest opening of any building shall be 2.0 feet above the 100-year floodplain and/or 1.0 foot above the spillway overflow elevation, whichever is greater. Maintain existing intercommunity drainage patterns and solve any intercommunity drainage issues through cooperation and collaboration with the adjoining city and the appropriate watershed district. 139 3 Promote storm water infiltration practices where soil conditions allow and where not detrimental to groundwater supplies. WETLANDS Goal Achieve no net loss of wetlands, including acreage, functions and values. Where practicable, improve the functions, values, biodiversity and acreage of wetlands and their buffer areas. Note: The map on page 12 shows the wetlands in Maplewood. The City adopted a wetland protection ordinance in 1996. Policies The City discourages wetland alterations. Proof that applicants or designers have given consideration to designs that do not require wetland alteration shall be reviewed before the City will consider any proposal that includes wetland alteration. Wetland alterations must be mitigated by meeting the Wetland Conservation Act (WCA) requirements, as administered by the local government units (LGUs) (currently the watershed districts). 2. Cooperate with the watershed districts in their administration of the WCA. Cooperate with Ramsey Washington Metro Watershed District (RWMWD) in the administration of its wetland management plan. 4. Seek to restore previously existing wetlands and enhance existing wetlands. Provide buffer zones of native vegetation around ponds and wetlands to provide wildlife habitats, in accordance with the Maplewood Wetland Buffer Ordinance. o Where feasible, minimize water level fluctuations (bounce) in wetlands or detention basins to prevent adverse habitat changes. EROSION AND SEDIMENT CONTROL Goals Protect capacity of storm water system, prevent flooding and maintain water quality by preventing erosion and sedimentation from occurring, and correct existing erosion and sedimentation problems. In accordance with NPDES Phase II requirements, develop a city-maintenance plan for the inspection of all ponds, outlet structures and inlet facilities and consider initiating a pond delta removal program. Such a program should consider improvements to reduce sediment loads to ponds, wetlands and lakes to help prioritize critical improvement areas. 140 4 Policies Require erosion control plans for all land disturbance activities as defined by city ordinance. The erosion control plans shall be consistent with the standards and criteria of the watershed districts' plans, the Ramsey Erosion and Sediment Control Handbook and general National Pollutant Discharge Elimination System (NPDES) construction storm water permit requirements. 2. Preserve and enhance natural vegetation to the greatest practical extent. GROUNDWATER Goals 1. Protect the quality and quantity of groundwater resources. Develop a cooperative program with the watershed district to identify infiltration-sensitive areas and develop a monitoring and testing program to monitor the impact of improvements. Policies Provide increased green space, native vegetation and pond "dead" storage wherever possible and appropriate to allow for the infiltration of storm water runoff and to promote groundwater recharging. Encourage use of grassed waterways to maximize infiltration where not detrimental to groundwater supplies. Promote awareness of groundwater resource issues through public education and information programs. INDIVIDUAL SEWAGE TREATMENT SYSTEMS (ISTS) Goals 1. Protect the public health, safety and welfare through a comprehensive ISTS ordinance. Protect the quality and quantity of Maplewood's surface and groundwater resources through the use of properly designed and maintained ISTS. Policies Maintain an updated record of all known on-site septic systems, and continue to prohibit the installation of new individual sewer systems or the alteration, repair or extension of existing systems when the builder or owner can make connection to the City's sanitary sewer. Enforce individual water and septic system ordinances that are in conformance with MPCA Rules 7080 and Metropolitan Council requirements. Maplewood will establish a management program that includes maintenance, tracking and enforcement programs to insure that residents properly maintain their individual sewage treatment systems (ISTS). 141 Maplewood will require property owners to meet and encourage them to exceed state rules and local ordinances for the design, installation, maintenance, expansion and repair of private on-site sewage treatment systems. Specifically, the City will adopt an ISTS ordinance for a basis for the use of these systems. EDUCATION AND PUBLIC INVOLVEMENT Goal Increase public awareness, understanding and involvement in water and natural resource management issues. Policies Continue to develop and distribute educational materials to the public and targeted groups about the City's ordinances, policies and programs about water resources, groundwater, ISTS, wetlands, native vegetation, alternative landscaping methods, litter control, pet wastes, recycling, trash disposal, leaf collection, public area maintenance, grass clippings, lawn chemicals and hazardous materials. Information will be distributed via the City's monthly newsletter, local newspapers, cable television and any other appropriate media. The City will consider alternative funding sources for storm water and surface water management, including starting a storm water utility and/or imposing additional development fees. This could be part of the Phase II NPDES storm water permit consideration process. 142 Attachment 2 AN AMENDMENT CODE FOR THE CITY OF MAPLEWOOD, MINNESOTA INDIVIDUAL SEWAGE TREATMENT SYSTEM ORDINANCE 7 THE CITY OF MAPLEWOOD INDIVIDUAL SEWAGE TREATMENT SYSTEM ORDINANCE TABLE OF CONTENTS SECTION 9-950 TITLE ............................................................................................... 1 SECTION 9-951 INTENTAND PURPOSE ................................................................. 1 SECTION 9-952 DEFINITIONS 9-952(a) Conflicting Provisions ........................................................................... 2 9-952(b) Measurement of Distances ................................................................... 2 9-952(c) Certain Terms ....................................................................................... 2 9-952(d) Definitions ............................................................................................. 2 SECTION 9-953 GENERAL PROVISIONS ............................................................... 12 9-953 Applicability .............................................................................................. 12 9-953(a) Administration by Federal Agencies .................................................... 12 9-953(b) Administration By State Agencies ........................................................ 12 9-953(c) Administration of This Ordinance ......................................................... 12 9-953(d) General Requirements ......................................................................... 13 SECTION 9-954 ALTERNATIVE SYSTEMS ............................................................. 46 9-954 General ................................................................................................... 46 9-955 Floodplain Systems ................................................................................. 46 9-956 Greywater System ................................................................................. 47 9-957 Privies ..................................................................................................... 48 9-958 Other Toilet Waste Treatment Devices .................................................... 48 9-959 Collector Systems ................................................................................... 48 9-960 Sewage Holding Tanks ............................................................................ 51 9-961 Experimental Systems ............................................................................. 52 SECTION 9-962 OPERATION AND MAINTENANCE .............................................. 53 9-962 General Requirements ........................................................................ 53 9-962(a) Maintenance of Septic Tanks .............................................................. 53 9-962(b) Maintenance o:[ System Components .................................................. 54 9-962(c) Activities on the Soil Treatment Area .................................................. 54 9-962(d) Disposal of Septage ............................................................................ 54 SECTION 9-963 ADMINISTRATION ......................................................................... 54 9-963(a) Applicability .......................................................................................... 54 9-963(b) Enforcement ........................................................................................ 54 9-963(c) Board of Adjustment and Appeals ....................................................... 55 9-963(d) Permits Required ................................................................................. 55 9-963(e) Inspections Required ........................................................................... 56 SECTION 9-964 LICENSING AND PERMITS ........................................................... 57 9-964(a) Licensing ............................................................................................. 57 9-964(b) Permits ................................................................................................ 57 9-964(c) Permit Applications .............................................................................. 57 9-964(d) Term of Permit ..................................................................................... 58 9-964(e) Permit Revocation ............................................................................... 58 SECTION 9-965 ENFORCEMENT ............................................................................ 58 9-965(a) Violations and Penalties ..................................................................... 58 9-965(b) Enforcement ....................................................................................... 58 9-965(c) Public Health Act ................................................................................ 58 SECTION 9-966 EFFECTUATION ............................................................................. 59 9-966(a) Separability .......................................................................................... 59 CITY OF MAPLEWOOD, MINNESOTA INDIVIDUAL SEWAGE TREATMENT SYSTEM ORDINANCE AN ORDINANCE REGULATING THE LOCATION, DESIGN, INSTALLATION, USE AND MAINTENANCE OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS WITHIN MAPLEWOOD. The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: SECTION 1. This section adds the following language to the city code: SECTION 9-950.TITLE 9-950. Short Title. This Ordinance shall be known, cited and referred to as the Individual Sewage Treatment System (ISTS) Ordinance, except as referred to herein, where it shall be known as, "this Ordinance". SECTION 9-951. INTENT AND PURPOSE 9-951. Purpose. This Ordinance is adopted to provide minimum standards and criteria to individual sewage treatment systems for the purpose of: (1) Protecting the health, safety, and welfare of the residents of the city, present and future. (2) Regulating the location, design, installation, use and maintenance of individual sewage treatment systems (ISTS) so as to prevent contamination of the surface and ground waters within the community. (3) Protecting the individual water supply wells in the city from contamination by inadequate, improperly designed, located, installed or maintained individual sewage treatment systems. (4) Providing for the orderly development of areas of the city that are not served by central public systems. Also to help preclude the need to install central public sewer systems in areas not currently planned for central public sewer systems. (5) These standards are not intended to cover systems treating industrial or animal waste or other wastewater that may contain hazardous materials. ] l0 SECTION 9-952. DEFINITIONS. 9-952(a) Conflicting Provisions. In the event of conflicting provisions in the text of this Ordinance, and/or other ordinances, the more restrictive provisions shall apply. The City shall determine which is more "restrictive" and appeals from such determination shall be made in the manner provided herein. 9-952(b) Measurement of Distances. Unless otherwise specified all distance shall be measured horizontally. 9-952(c) Certain Terms. For the purposes of these standards, certain terms or words used herein shall be interpreted as follows: the words "shall" and "must" are mandatory, the words "should" and "may" are permissive. 9-952(d) Definitions. Absorption Area. "Absorption area" means the area below a mound that is designed to absorb sewage tank effluent. (2) Additive, Individual Sewage Treatment System. "Additive, individual sewage treatment system" means a product which is added to the wastewater or to the system to improve the performance of an individual sewage treatment system. These are not recommended and some are illegal and harmful to the system. (3) Aerobic Tank. "Aerobic tank" means any sewage tank that uses the principle of oxidation in the decomposition of sewage by the introduction of air into the sewage. (4) Alternate System. "Alternate Site" means that portion of real property that is designated by a licensed ISTS Professional and approved by the City to be protected from all vehicular traffic, construction and other disturbances. The site must be maintained in its original, natural soil condition so a future individual sewage treatment system or device may be constructed which meets all Ordinance requirements when the original ISTS malfunctions, becomes non-repairable or when it fails to comply with the Ordinance. (5) Alternative System. "Alternative system" means an individual sewage treatment system employing such methods and devices as presented in Section 9-954. (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) As-builts. "As-builts" means drawings and documentation specifying the final in-place location, size, and type of all system components. These records identify the results of materials testing and describe conditions during construction. As-builts also contain a certified statement. At-qrade System, "At-grade system" means a pressurized soil treatment system where sewage tank effluent is dosed to a drain field rock bed that is constructed on original soil at the ground surface and covered by loamy soil materials. Baffle. "Baffle" means a device installed in a septic tank for proper operation of the tank and to provide maximum retention of solids, and includes vented sanitary tees and submerged pipes in addition to those devices that are normally called baffles. Bedrock. "Bedrock" means that layer of parent material that is consolidated and unweathered. Bedroom. "Bedroom" means any room within a dwelling that might reasonably be used as a sleeping room. Buildinq Drain. "Building drain" means that part of the lowest piping of the drainage system that receives the sewage discharge inside the walls of the building and conveys it to the building sewer beginning at least one foot outside the building footings. Buildinq Sewer. "Building sewer'' means that part of the drainage system that extends from the end of the building drain and conveys its discharge to an individual sewage treatment system. Capacity. "Capacity" means the liquid volume of a sewage tank using inside dimensions below the outlet. Certified Statement. "Certified statement" means a statement signed by a licensed installer or qualified employee certifying that work was completed in accordance with applicable requirements. Cesspool. "Cesspool" means an underground pit or seepage pit into which raw household sewage or other untreated liquid waste is discharged and from which the 3 12 (16) (17) (18) (19) liquid seeps into the surrounding soil. See Section 953(d) (4). Chambered System. "Chambered system" means a soil treatment system where sewage tank effluent is discharged to a buried structure creating an enclosed open space with the original soil surface to act as a surface for the infiltration of sewage tank effluent. Clean Sand. "Clean sand" means a soil texture composed by weight of at least 25 percent very coarse, coarse, and medium sand varying in size from 2.00 millimeters (sieve size 10) to -.25 millimeters (sieve size 60), less than 40 percent fine or very fine sand ranging in size between 0.25 millimeters and 0.05 millimeters (sieve size 270), and no more than ten percent smaller than 0.05 millimeters and no larger than 2.00 millimeters. Clean sand also means a soil texture that meets American Society for Testing and Materials (ASTM) specification C- 33 (fine aggregate for concrete) or Minnesota Department of Transportation (MNDOT) specification 3126 (fine aggregate for Portland cement concrete). The ASTM specification is found in the 1994 Annual Book of ASTM Standards, volume 4.02, which is incorporated by reference. This document is provided by the American Society for Testing and Materials located at 1916 Race Street, Philadelphia, PA 19103-1187. The MNDOT specification is found in the MNDOT Standard Specifications for Construction, 1988 Edition, and the May 2, 1994, Supplemental Specifications, which are incorporated by reference. These documents are provided by MNDOT located at 395 John Ireland Boulevard, Saint Paul, MN 55155. All references can be found at the Minnesota State Law Library, Judicial Center, 25 Constitution Ave., Saint Paul, MN 55155, and are not subject to frequent change. Department. "Department" means the City of Maplewood Community Development Department. DNR. "DNR" means the Minnesota Department of Natural Resources. 13 (2O) (21) (22) (23) (24) (25) (26) (27) (28) Distribution Box. "Distribution box" means a device designed to concurrently and equally distribute sewage tank effluent by gravity to a soil treatment system. Distribution Device. "Distribution device" means a device used to receive and transfer effluent from a supply pipe to distribution pipes or down slope supply pipes, or both. These devices are commonly known as drop boxes, valve boxes, distribution boxes, or manifolds. Distribution Medium. "Distribution medium" means the material used to distribute the sewage tank effluent within a soil treatment system. This medium includes drain field rock, gravel-less drain field pipe in a geo textile wrap, or a chambered system. Distribution Pipes. "Distribution pipes" means perforated pipes that are used to distribute sewage tank effluent in a soil treatment system. Dosinq Chamber, or Pump Pit, or Wet Well. "Dosing chamber, or pump pit, or wet well" means a tank or separate compartment following the sewage tank that serves as a reservoir for the dosing device. Dosing Device. "Dosing device" means a pump, siphon, or other device that discharges sewage tank effluent from the dosing chamber to the soil treatment system. Drain field Rock. "Drain field rock" means crushed igneous rock, or similar insoluble, durable, and decay- resistant material with no more than five percent by weight passing a % inch sieve and no more than one percent by weight passing a number 200 sieve. The size shall range from three-fourths inch to 2% inches. Drop Box. "Drop box" means a distribution device used for the serial gravity application of sewage tank effluent to a soil treatment system. Dwellinq. "Dwelling" means any building or place used or intended to be used by human occupants as a single family or two family unit. 14 (29) (30) (31) (32) (33) (34) (35) (36) Failing System. "Failing system" means any system that discharges sewage to a seepage pit, cesspool, drywell, or leaching pit and any system with less than three feet of soil or sand between the bottom of the distribution medium and the saturated soil level or bedrock. Gas Deflectinq Baffle. "Gas deflecting baffle" means an obstructing device on the septic tank outlet that limits the escape of solids that are carried by septic tank gases. Gravel-less Drain field Pipe. "Gravel-less drain field pipe" means a distribution medium consisting of a corrugated distribution pipe encased in a geo textile wrap installed in a trench. Grey water. "Grey water" means liquid waste from a dwelling or other establishment produced by bathing, laundry, culinary operation, and from floor drains associated with these sources, and specifically excluding toilet waste. Hazardous Materials. "Hazardous materials" means any substance which, when discarded, meets the definition of hazardous waste in MN Rules Chapter 7045. Holdinq Tank. "Holding tank" means a watertight tank for storage of sewage until it can be transported to a point of approved treatment and disposal. Imminent Threat to Public Health or Safety. "Imminent threat to public health or safety" means situations with the potential to immediately and adversely impact or threaten public health or safety. At a minimum, ground surface or surface water discharges, and any system causing sewage backup into a dwelling or other establishment, shall constitute an imminent threat. Impermeable. "Impermeable" with regard to bedrock, means a bedrock having no cracks or crevices and having a vertical permeability slower than one inch in 24 hours. With regard to soils, a soil horizon or layer having a vertical permeability slower than 0.025 inch in 24 hours shall be considered impermeable. 15 (37) (38) (39) (40) (41) (42) (43) (44) Individual Sewage Treatment System (ISTS). "Individual sewage treatment system" means a sewage treatment system, or part thereof, serving a dwelling, or other establishment, or group thereof, which uses subsurface soil treatment and disposal. Invert. "Invert" means the lowest point of a channel inside a pipe. Maximum Monthly Average Daily Flow. "Maximum monthly average daily flow" means the 30-day average daily flow for the highest consecutive 30-day period during the year. Mottlin_cl. "Mottling" means a zone of chemical oxidation and reduction activity, appearing as splotchy patches of red, brown, orange, and gray in the soil, which are less than 2 chroma. Mound System. "Mound system" means a system where soil treatment area is built above the ground to overcome limits imposed by proximity to water table or bedrock, or by slow permeable soils. Ordinary Hi.qh Water Level. "Ordinary high water level" means the boundary of public waters and wetlands, that is an elevation delineating the highest water level maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of a channel. For reservoirs and flowages the ordinary high water level must be the operating elevation of the normal summer pool. Original Soil. "Original soil" means naturally occurring inorganic soil that has not been moved, smeared, compacted, nor manipulated with construction equipment. Other Establishment. "Other establishment" means any public or private structure other than a dwelling that generates sewage. 16 (45) (46) (47) (48) (49) (5O) (51) (52) (53) Owner. "Owner" means all persons having possession of, control over, or title to an individual sewage treatment system. Percolation Rate, "Percolation rate" means the time rate of drop of a water surface in a test hole as specified in Section 953(d) (12). Permittinq Authority. "Permitting authority" means any county, municipality or state agency that administers the provisions of these standards. Plastic Limit. "Plastic limit" means a soil moisture content below which the soil may be manipulated for purposes of installing a soil treatment system, and above which manipulation will cause compaction and puddling. The soil moisture content at the plastic limit can be measured by American Society for Testing and Materials (ASTM) test number D4318-84. Previously Developed Site. Land already containing a dwelling or other establishment. Public Health Nuisance. Public health nuisance means any activity or failure to act that adversely affects the public health. Public Waters. "Public waters" means any public waters or wetlands as defined in Minnesota Statutes, section 103G.005, subdivisions 15 and 16 or identified as public waters or wetlands by the inventory prepared pursuant to Minnesota Statutes, section 103G.201. Replacement. "Replacement" means the replacement of an existing individual sewage treatment system. Required Absorption Width. "Required absorption width" means that width, measured in the direction of the original land slope and perpendicular to the original contours, which is required for the sewage tank effluent to infiltrate into the original soil according to the allowable loading rates in Section 9-953(20) Table V. 17 (54) (55) (56) (57) (58) (59) (60) (61) Restaurants. "Restaurants" shall mean any place where food is prepared and intended for individual portion service regardless of whether consumption is on or off the premises or whether there is a charge for the food although this does not include private homes. Saturated Soil. "Saturated soil" means the highest elevation in the soil where periodically depleted oxygen levels occur because of soil voids being filled with water. Saturated soil is evidenced by the presence of soil mottling or other information. Seepage Bed. "Seepage bed" means an excavated area larger than 36 inches in width that contains drain field rock and has more than one distribution pipe. Seepage Pit, or Leaching Pit, or Dry Well. "Seepage pit, or leaching pit, or dry well" means an underground pit into which a sewage, tank discharges effluent or other liquid waste and from which the liquid seeps into the surrounding soil through the bottom and openings in the side of the pit. Sel3ta_cle. "Septage" means those solids and liquids removed during periodic maintenance of a septic or aerobic tank, or those solids and liquids that are removed from a toilet, waste treatment device, or a holding tank. Setback. "Setback" means a separation distance measured horizontally. Sewage. "Sewage" means any water carried domestic waste, exclusive of footing and roof drainage, from any industrial, agricultural, or commercial establishment, or any dwelling or any other structure. Domestic waste includes liquid waste produced by toilets, bathing, laundry, culinary operations, and the floor drains associated with these sources, and specifically excludes animal waste and commercial or industrial wastewater. Sewage Flow. "Sewage flow" means flow as determined by measurement of actual water use or, if actual measurements are unavailable, as estimated by the best available data provided by the agency. 18 (62) (63) (64) (65) (66) (67) (68) (69) (70) Sewa_~e Tank. "Sewage tank" means a watertight tank used in the treatment of sewage and includes, but is not limited to, septic tanks and aerobic tanks. Sewage Tank Effluent. "Sewage tank effluent" means that liquid which flows from a septic or aerobic tank under normal operation. Septic Tank. "Septic tank" means any watertight, covered receptacle designed and constructed to receive the discharge of sewage from a building sewer, separate solids from liquid, digest organic matter, and store liquids through a period of detention, and allow the clarified liquids to discharge to a soil treatment system. Shoreland. "Shoreland" means land located within the following distances from public waters: 1,000 feet from the ordinary high water mark of a lake, pond or fiowage; and 300 feet from a river or stream or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. Site. "Site" means the area bounded by the dimensions required for the proper location of the soil treatment system. Slope. "Slope" means the ratio of vertical rise or fall to horizontal distance. Soil Characteristics, Limiting. "Soil characteristics, limiting" means those soil characteristics that preclude the installation of a standard system, including evidence of water table or bedrock and percolation rates faster than one-tenth or slower than 60 minutes per inch. Soil Textural Classification. "Soil textural classification," where soil particle sizes or textures are specified in this chapter, they refer to the soil textural classification in the Soil Survey Manual, Handbook No. 18, United States Department of Agricultu['e, 1993. Soil Treatment Area. "Soil treatment area" means that area of trench or bed bottom that is in direct contact with the drain field rock of the soil treatment system, and for mounds, that area to the edges of the required absorption width and extending five feet beyond the ends of the rock layer. ]0 (71) Soil Treatment System. "Soil treatment system" means a system where sewage tank effluent is treated and disposed of below the ground surface by filtration and percolation through the soil, and includes those systems commonly known as seepage bed, trench, drain field, disposal field, and mounds. (72) Standard System. "Standard system" means an individual sewage treatment system employing a building sewer, sewage tank, and the soil treatment system consisting of trenches, seepage beds, or mounds that are constructed on original soil which has a percolation rate equal to or faster than 60 minutes per inch. (73) Surface Water Flooding. "Surface water flooding" means the 100-year floodplain along rivers and streams as defined by the Department of Natural Resources, or in the absence of such data, as defined by the largest flood of record; on lakes, high water levels as determined or recorded by the Department of Natural Resources or, in the case of no Department of Natural Resources record, by local records or experience. Other surface water flooding or high water areas should be determined by local information. (74) Ten-year Flood. "Ten-year flood" means that flood which can be expected to occur, on an average, of once in ten years; .or the level to which flood water's have a ten percent chance of rising in any given year. (75) Toilet Waste. "Toilet waste" means fecal matter, urine, toilet paper, and any water used for flushing. (76) Toilet Waste Treatment Devices. "Toilet waste treatment devices" means privies and other devices including incinerating, composting, biological, chemical, recirculating, or holding tanks. (77) Water Table. '¥Vater table" means the highest elevation in the soil where all voids are filled with water, as evidenced by presence of water or soil mottling or other information. ]! 20 (78) Watertight. '~/atertight" means a sewage tank constructed so that no water can get into or out of the sewage tank except through the inlet and outlet pipes. (79) Wild and Scenic River Land Use District. "Wild and scenic river land use district" means those lands designated by the commissioner of the Department of Natural Resources as the protected land corridor along those rivers or river segments designated as wild, scenic, or recreational rivers. SECTION 9-953. GENERAL PROVISIONS 9-953 Applicability. 9-953(a) Administration by Federal Agencies. Industrial wastewater systems and individual sewage treatment systems serving more than 20 persons (1200 gallons per day) are regulated by the United States Environmental Protection Agency as Class V injection wells under Code of Federal Regulations Title 40 Part 144. 9-953(b) Administration By State Agencies. For an individual sewage treatment system, or group of individual sewage treatment systems, that are located on adjacent properties and under single ownership, the owner or owners shall make application for and obtain a state disposal system permit from the agency if the individual sewage treatment system or systems are designed to treat an average daily flow greater than 10,000 gallons per day. The systems must, at a minimum, conform to the requirements of these standards. For dwellings such as rental apartments, town houses, resort units, rental cabins, and condominiums, the sum of the flows from all existing and proposed sources under single management or ownership will be used to determine the need for a state disposal system permit. Individual sewage treatment systems serving establishments or facilities licensed or otherwise regulated by the State of Minnesota shall conform to the requirements of these standards. Any individual sewage treatment system requiring approval by the State of Minnesota shall also comply with this ordinance and all local codes and ordinances. 9-953(c) Administration of This Ordinance. All individual sewage treatment systems installed after the adoption of this ordinance and all alterations, extensions, modifications or repairs to existing systems irrespective of the date of original installation shall be regulated in accordance with all requirements of this ordinance. ]2 Any individual sewage treatment system or component thereof, irrespective of the date or original installation, which is not located, constructed, installed or maintained in accordance with the provisions of this ordinance shall be replaced or otherwise brought into compliance within ninety (90) days of notice and order to comply by the department. Existing systems that show evidence of sewage tank effluent discharge to the ground surface, ground or surface waters or otherwise represent an imminent threat to public health or safety shall be replaced within thirty (30) days of notice and order to comply by the department. Any further surface discharge of effluent must be stopped immediately (by such methods as reducing or stopping all water use, or pumping the tank as necessary) until such time as the system is replaced. All tanks taken out of service must be properly abandoned. See Section 9-953(16). 9-953(d) General Requirements. Surface Discharge. Unless specifically permitted by the MPCA, sewage, sewage tank effluent, or seepage from a soil treatment system shall not be discharged to the ground surface, abandoned wells, or bodies of surface water, or into any rock or soil formation the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground. All new or existing systems which discharge to surface waters or the ground surface must obtain either a National Pollutant Discharge Elimination System (NPDES) or State Disposal System Permit from the MPCA and shall comply with all requirements pertaining thereto. (2) Treatment Required. The system, or systems, shall be designed to receive all sewage from the dwelling, building, or other establishment served. Chemically treated hot tub or pool water, footing, roof drainage, or garage floor drains shall not enter any part of the system. Products containing hazardous materials must not be discharged to the system other than a normal amount of household products and cleaners designed for household use. Substances not used for household cleaning, including motor oil, solvents, pesticides, flammables, photo finishing chemicals, or dry cleaning chemicals, must not be discharged to the system. (3) System Components. The system shall consist of a building sewer, sewage tank, and soil treatment system. All sewage shall be treated in a sewage tank or toilet waste treatment device, and the sewage tank effluent shall be discharged to the soil treatment system. (4) Prohibited Installations. Cesspools, seepage pits, dry wells, and leaching pits shall not be installed and shall not remain in operation. , (5) Location. Sewage treatment systems and each component thereof shall be located and installed to insure that, with proper maintenance, it will function in a sanitary manner, will not create a nuisance nor contaminate any domestic water supply well. Location shall consider lot size and configuration, proposed structures and other improvements, topography, surface drainage, soil conditions, depth to ground water, geology, existing and proposed water supply wells, accessibility for maintenance, and expansion or replacement of the system. Installation of systems in Iow swampy areas, drainage swales or area subject to recurrent flooding is prohibited. Systems shall not be located within utility or drainage easements nor within dedicated public or private rights-of-way without proper approvals. (6) Clear Water Waste. Uncontaminated clear water waste from geothermal heat pump installations shall not be introduced into individual sewage treatment systems. Such waste may be discharged to the ground surface or to a body of water, however in no case shall surface discharge be permitted where such discharge encroaches on an adjoining property or public way. Where subsurface disposal is provided, such installation shall be separated from the required sewage treatment site and shall be designed and sized as prescribed for a standard soil treatment system. (7) System Sizing. Where the construction of additional bedrooms, the installation of mechanical equipment, or other factors likely to affect the operation of the system can be reasonably anticipated, the installation of a system for such anticipated need shall be required. (8) Site Evaluation. Before the city issues a building permit for new construction or to add bedrooms to existing homes, or a permit to install an individual sewage treatment system, or approval in the case of subdivision of land, a field investigation shall be conducted by the department of all proposed sites for sewage treatment systems, at which time they shall be evaluated as to: (a) depth to the highest known or calculated ground water table or bedrock; (b) soil conditions, properties, and permeability; (c) slope; (d) the existence of lowlands, local surface depressions, and rock outcrops; ]4 23 (e) all legal setback requirements from: existing and proposed buildings; property lines; sewage tanks; soil treatment systems; water supply wells; buried water pipes and utility lines; the ordinary high water level of public waters; and the location of all soil treatment systems and water supply wells on adjoining lots within 100 feet of the proposed soil treatment system, sewage tank, and water supply well; and (f) surface water flooding probability. (9) Soil Testing. Applicants for sewage treatment system permits, site or subdivision approvals will be required to submit soil test data derived from soil borings and percolation tests for each proposed site or installation. The minimum testing shall be that necessary to verify suitable conditions for two complete soil treatment systems including detailed site plan and design. No permit will be issued until a detailed system design is submitted for the current proposed construction, including site plan and at least one current boring if there is any reason to believe soil conditions have been altered since the original soil testing. Large systems designed for 1,200 gallon per day or more shall require a hydro geologic investigation in accordance with Section 9-959(c). (10) Conduct of TeSts. All testing shall be conducted in accordance with the requirements of this ordinance and shall be done by qualified personnel, certified under the MPCA training and certification program and licensed by the MPCA. All proposed sites for sewage treatment systems shall be protected by fence or other methods as necessary to avoid excavations, construction equipment or other traffic that could affect the soil conditions. (11) Soil Borings. (a) Subdivision Testing. Enough borings must be done to assure that suitable soils exist for each lot for long-term sewage treatment. Percolation tests are not required unless the permeability cannot be estimated, or there is any reason to believe the soil is not original or has been compacted. (b) Permit Requirements. Complete testing on each individual lot will be required prior to permit issuance independent of any subdivision testing. A minimum of Z4 (c) (d) four (4) satisfactory soil borings outlining an area of 5,000 square feet are required. Larger areas may be required where conditions of use, soils, topography, or vegetation require. Where soil tests require a mound, testing and design must cleady show suitable area for installation of two (2) complete mounds. (Where site conditions are such that the only backup mound will likely be disturbed, the Department, at its discretion, may require both mounds to be constructed at once.) Soil borings shall be made as follows: (1) Borings shall be by auger or excavation and shall be staked and protected until notification that field evaluation has been completed. Flite augers, which are non-continuous or disturb extracted soil samples, are not allowed. Borings shall be made to a depth at least four (4) feet deeper than the bottom of the proposed system or until bedrock or a water table is encountered, whichever is less. (2) Any evidence of disturbed or compacted soil must be disclosed and may result in the prohibition of utilizing that test area. (3) Particular effort shall be made to determine the highest known water table by recording the first occurrence of mottling observed in the hole, or if mottling is not encountered, the open holes in clay or loam soils shall be observed after standing undisturbed a minimum of 16 hours, and depth to standing water, if present, shall be measured. A soil description shall be written for each soil observation at the proposed site. Soils should only be evaluated under adequate light conditions with the soil in a moist state and including the following: (1) The depth of each soil horizon measured from the ground surface. Soil horizons are differentiated by changes in soil structure, soil texture, soil color, mottling, bedrock, or any other characteristic that may affect water percolation or treatment of effluent. ]6 25 (12) (2) The soil matrix and mottled color described per horizon by the Munsell Soil Color Charts, 1992 Revised Edition, which is incorporated by reference. This document is available from Macbeth Division, Kollmorgen Instruments Corporation, Munsell Color, P.O. Box 230, NewbUrgh, New York 12551- 0230. It can be found at the Minnesota State Law Library, Judicial Center, 25 Constitution Avenue, Saint Paul, Minnesota 55155, and is not subject to frequent change; (3) The soil texture described using the United States Department of Agriculture (USDA) soil classification system as modified below: Minnesota USDA Clay = Clay, sand clay, silty clay Clay Loam = Clay loam, sandy clay loam, silty clay loam Loam = Loam Sandy loam - Sandy Loam Silt loam - Silt loam, silt Loamy sand = Loamy sand Coarse sand - Coarse sand (Medium) sand = (Medium) sand Fine sand = Fine and very fine sand Percolation Tests. After soil borings have outlined the minimum area of suitable soils, percolation tests shall be made as follows: EXCEPTION: For sandy soils cleady in the 5 mpi range percolation tests will not be required, however, the design rate for sizing shall be 1.27 square feet per gallon. (a) Test hole dimensions and locations: (1) Each test hole shall be six to eight inches in diameter, have vertical sides, and be bored or dug to the depth of the bottom of the proposed individual sewage treatment system. (2) Soil texture descriptions shall be recorded noting depths where texture changes occur. ]7 26 (b) Preparation of the test hole: (c) (d) (1) The bottom and sides of the hole shall be carefully scratched to remove any smearing and to provide a natural soil surface into which water may penetrate. (2) All loose material shall be removed from the bottom of the test hole and two inches of one-fourth to three-fourths inch gravel shall be added to protect the bottom from scouring. Soil saturation and swelling: The hole shall be carefully filled with clear water to a minimum depth of 12 inches over the soil at the bottom of the test hold and maintained for no less than four hours. Failure to adequately saturate the test hole may result in rejection of the test. (2) The soil shall then be allowed to swell for at least 16, but no more than 30 hours. In sandy soils, the saturation and swelling procedure shall not be required and the test may proceed if one filling of the hole has seeped away in less than ten minutes. Percolation rate measurement: In sandy soils adjust the water depth to eight inches over the soil at the bottom of the test hole. From a fixed reference point, the drop in water level shall be measured in inches to the nearest one-eighth inch at approximately ten-minute intervals. A measurement can also be made by determining the time it takes for the water level to drop one inch from an eight inch reference point. If eight inches of water seeps away in less than ten minutes, a shorter interval between measurements shall be used, but in no case shall the water depth exceed eight inches. The test shall continue until three consecutive percolation rate measurements vary by a range of no more than ten percent. In other soils, adjust the water depth to eight inches over the soil at the bottom of the test hole. From a fixed reference point, the drop in water level shall be measured in inches to the nearest one-eighth inch at approximately 30-minute intervals, refilling between measurements to maintain an eight-inch starting head. The test shall continue until three consecutive percolation rate measurements vary by a range of no more than ten percent. 27 (e) (t~ The percolation rate can also be made by observing the time it takes the water level to drop one inch from an eight inch reference point if a constant water depth of at least eight inches has been maintained for at least four hours prior to the measurement. Calculating the percolation rate. Divide the time interval by the drop in water level to obtain the percolation rate in minutes per inch. The slowest final percolation rate for all holes within the soil treatment area shall be used for design. Frost. A percolation test shall not be run where frost exists below the depth of the proposed soil treatment system. (13) Construction and Materials. (1) Building Sewers. (A) Plumbing and Well Codes. The design, construction, and location of, and the materials for use in building sewers are governed by the Minnesota State Building Code, chapter 1300, which incorporates by reference portions of the Minnesota Plumbing Code, chapter 4715, and by specific provisions of the Minnesota Water Well Construction Code, Minn. Rules Chapter 4725. (B) Water meter. All new individual sewage treatment systems defined as mounds, alternative systems, or systems intended to serve other establishments as defined in Section 9-952(d) (44) must not be installed unless a water meter is provided to measure the flow to the treatment system. For metered systems that have septic tank effluent pumped to a soil treatment area, an electrical event counter must also be installed. (2) Sewage Tanks. (A) In general. All tanks, regardless of material or method of construction, must: 1) Be watertight; ]9 28 (B) 2) Be designed and constructed to withstand all lateral earth pressures under saturated soil conditions with the' tank empty, including proper ballasting (to avoid possible flotation) where the severity of conditions require it; 3) Be designed and constructed with adequate tensile and compressive strength to withstand a minimum of seven feet of saturated earth cover above the tank top and manhole cover; 4) Not be subject to corrosion or decay; and 5) Have the manufacturer's name, model number, and tank capacity in gallons permanently displayed on the tank above the outlet pipe. 6) Have a written and graphic label affixed to the maintenance hole cover warning of the hazardous conditions inside the tank. Any tank not having an integrally cast bottom shall not be installed when the water table is closer than three inches to the bottom of the excavation at the time of construction. Design of septic tanks. All tanks, regardless of material or method of construction, shall conform to the following criteria: 1) The liquid depth of any septic tank or compartment thereof shall be not less than 30 inches. A liquid depth greater than six and one-half feet shall not be considered in determining tank capacity. 2) No tank or compartment thereof shall have an inside horizontal dimension less than 24 inches. 3) Inlet and outlet connections of the tank shall be sUbmerged by means of baffles. 4) The space in the tank between the liquid surface and the top of the inlet and outlet baffles shall be not less than 20 percent of the total required liquid capacity, except that in horizontal cylindrical tanks this space shall be not less than 15 percent of the total required liquid capacity. 20 29 5) 6) 7) 8) 9) 11) 12) Inlet and outlet baffles shall be constructed of acid resistant concrete, acid resistant fiberglass, or plastic. Baffles must be integrally cast with the tank, affixed with a permanent waterproof adhesive, or affixed with stainless steel connectors, top and bottom. Sanitary tees, which are used as baffles, shall be affixed to the inlet or outlet pipes with a permanent waterproof adhesive. The inlet baffle shall extend at least six inches but not more than 20 percent of the total liquid depth below the liquid surface and at least one inch above the crown of the inlet sewer. The outlet baffle and the baffles between compartments shall extend below the liquid surface a distance equal to 40 percent of the liquid depth except that the penetration of the indicated baffle or sanitary tees for horizontal cylindrical tanks shall be 35 percent of the total liquid depth. They also shall extend above the liquid surface as required herein. In no case shall they extend less than six inches above the liquid surface. Gas deflecting baffles shall be installed on the outlet of the final septic tank servicing other establishments. There shall be at least one inch between the underside of the top of the tank and the highest point of the inlet and outlet devices. The inlet invert shall be not less than two inches above the outlet invert. The inlet and outlet shall be located opposite each other along the axis of maximum dimension. The horizontal distance between the nearest points of the inlet and outlet devices shall be at least four feet. Sanitary tees, used as baffles, shall be at least four (4) inches in diameter. Inlet baffles shall be no less than six (6) inches or no more than 12 inches measured from the end of the inlet pipe to the 2] 30 13) 14) nearest point on the baffle. Outlet baffles shall be six inches measured from beginning of the outlet pipe to the nearest point on the baffle. Access to the septic tank shall be as follows: a) There shall be one or more manholes, at a minimum of 20 inches least dimension, and located within six feet of all walls of the tank. Access to tanks will be by manhole covers with no more than 6 inches of cover. If the cover is exposed it must be secured to prevent unauthorized entry if it is exposed. b) There shall be an inspection pipe of at least four inches diameter over both the inlet and outlet devices. The inspection pipe shall extend through the tank cover or the manhole cover and be capped flush or above finished grade. A downward projection of the centerline of the inspection pipe shall be directly in line with the centedine of the inlet or outlet device. c) An inspection pipe at least four inches in diameter must be located between the inlet and outlet baffles for the purpose of evaluating scum and sludge accumulations. The inspection pipe must extend through either the tank cover or manhole cover and must be capped flush with or above finished grade. Compartmentation of single tanks. a) Septic tanks larger than 3,000 gallons and fabricated as a single unit shall be divided into two or more compartments. b) When a septic tank is divided into two compartments, not less than one-half or more than two-thirds of the total volume shall be in the first compartment. 31 15) 16) c) When a septic tank is divided into three or more compartments, one-half of the total volume shall be in the first compartment and the other half equally divided in the other compartments. d) Connections between compartments shall be baffled so as to obtain effective retention of scum and sludge. The submergence of the inlet and outlet baffles of each compartment shall be as specified herein. e) Adequate venting shall be provided between compartments by baffles or by an opening of at least 50 square inches near the top of the compartment wall. f) Adequate access to each compartment shall be provided by one or more manholes; at least 20 inches least dimension, and located within six feet of all walls of the tank. The manhole shall extend through the tank cover to a point within six (6) inches of finished grade. If the manhole is covered with less than six inches of earth, the cover must be secured to prevent unauthorized access. Multiple tanks. a) Where more than one tank is used to obtain the required liquid volume, the tanks shall be connected in series. b) Each tank shall comply with all other provisions of Section 9-953(d)(13)(1 )(A). c) No more than four tanks in series can be used to obtain the required liquid volume. d) The first tank shall be no smaller than any subsequent tanks in series. Outlet pipe from septic tank. a) The outlet pipe from the septic tank must not be cast iron. 23 i 32 b) The outlet pipe extending from the septic tank must be of sound and durable construction, not subject to corrosion or decay. c) The outlet pipe extending from the septic tank to the undisturbed soil beyond the tank must meet the strength requirements of American Society for Testing and Materials (ASTM), schedule 40 plastic pipe and must be supported in a manner that there is no deflection during the backfilling and subsequent settling of the soil between the edge of the septic tank and the edge of the excavation. d) The soil around the pipe extending from the septic tank must be compacted to original density for a length of three feet beyond the edge of the tank excavation. 9-953(14) Capacity of Septic Tanks. Capacity of septic tanks: (A) Dwellings. There shall be two septic tanks in series with the liquid capacity based on the number of bedrooms contemplated in the dwelling served and shall be at least as large as the capacities given below. EXCEPTION: Upgrade of existing conforming systems need not consist of two (2) tanks in series assuming the primary tank capacity is met, and there is no garbage disposal 'or sewage pump. System replacement shall require two tanks in series. Number of Tank Liquid Bedrooms Capacities (Gallons) 2 or less 1,000 and 500 3 or 4 1,000 and 1,000 5 or 6 1,500 and 1,000 7, 8 or 9 2,000 and 1,000 For ten or more bedrooms, the septic tank shall be sized as another establishment with the second tank in series being at least 50 percent 24 33 9-953(15) 9-953(16) capacity of the first tank. For multiple family dwellings containing two (2) or more dwelling units, the size shall be the sum of the individual dwelling unit requirements. (B) Other establishments. The liquid capacity of a septic tank serving an establishment other than a dwelling shall be sufficient to provide a sewage detention period of not less than 36 hours in the tank for sewage flows less than 1,500 gallons per day, but in no instance shall the liquid capacity be less than 750 gallons. For sewage flows greater than 1,500 gallons per day the minimum liquid capacity shall equal 1,125 gallons plus 75 percent of the daily sewage flow. For restaurants and laundromats, twice the liquid capacity shown above must be provided. For laundromats the outlet baffle of the septic tank must be submerged to a depth of 50 percent. (C) Pumping of raw sewage. A sewage pump must not deliver sewage to a one-tank system if the pump cycle delivers more than one percent of the liquid capacity of the tank. For systems with multiple tanks, at least two tanks in series must be used, each having at least the liquid capacity specified in this subpart. The volume of sewage delivered in each pump cycle must not exceed five percent of the liquid capacity of the first tank. Location of Septic Tanks. The sewage tank shall be placed so that it is accessible for the removal of liquids and accumulated solids. The soil cover over a tank shall not exceed five (5) feet. The sewage tank shall be placed on firm and settled soil capable of bearing the weight of the tank and its contents. Sewage tanks shall be set back as specified in Section 9-953(2), Table IV. Sewage tanks shall not be placed in areas subject to flooding or in floodplains delineated by local ordinances adopted in compliance with the "Statewide Standards for Management of Flood Areas of Minnesota" (chapter 6120), or in areas for which regional flood information is available from the DNR, except that in areas where ten year flood information is available from and/or approved by the DNR, sewage tanks may be installed in accordance with all provisions of Section 9-955. Abandoned Tanks. At any time tanks are taken out of service they shall be removed from the ground or abandoned in place by propedy removing all contents, disconnecting all lines, and filling the tank completely with soil. Access for future discharge to the system shall be permanently denied. 34 9-953(17) 9-953(18) Aerobic Tanks. Aerobic tank treatment systems shall comply with the general requirements for sewage tanks set forth in this ordinance, and with the following: (1) The treatment system including each individual unit or compartment shall be easily accessible for inspection and maintenance and shall be provided with secured covers, (2) Aerobic tanks shall comply with National Sanitation Foundation Standard (NSF) No. 40 (November 1990). Effluent quality shall meet or exceed NSF Class II Standards. (3) An effective maintenance service contract shall be maintained for the life of the unit and shall include inspections and effluent quality checks at least semi-annually. (4) No additional reduction in soil treatment area shall be allowed with the use of an aerobic treatment tank. Distribution of Effluent. (1) All supply pipes must be protected from freezing when they pass under driveways, sidewalks, roadways or other areas where deep frost penetration is expected. (2) Gravity distribution. (A) Serial distribution must be used to distribute effluent to individual trenches in a soil treatment system unless the necessary elevation differences between trenches for drop boxes cannot be achieved by natural topography or by varying the excavation depths, in which case parallel distribution shall be used. If drop boxes are used, they must meet the following standards. 1) The drop box shall be watertight and constructed of durable materials not subject to corrosion or decay. 2) The invert of the inlet pipe shall be at least one inch higher than the invert of the outlet pipe to the next trench. 35 (B) (c) 3) The invert of the outlet pipe to the next trench shall be no greater than two inches higher than the invert of the outlet pipe of the trench in which the box is located. 4) When sewage tank effluent is delivered to the drop box by a pump, the pump discharge shall be directed against a wall or side of the box on which there is no outlet. 5) The drop box shall have a removable cover either flush or above finished grade or covered by no more than six inches of soil and must have a vertical inspection pipe, capped flush with or above finished grade. The distribution boxes must meet the following standards: 1) The box must be watertight with either a removable cover or a clean out pipe extending to finished grade and must be constructed of durable materials not subject to corrosion or decay. 2) The .inverts of all outlets must be at the same elevation. 3) The inlet invert must be either at least one inch above the outlet inverts or be sloped such that an equivalent elevation above the outlet invert is obtained within the last eight feet of the inlet pipe. 4) Each drain field trench line must be connected separately to the distribution box and must not be subdivided. 5) When sewage tank effluent is delivered to the distribution box by pump, either a baffle wall must be installed in the distribution box or the pump discharge must be directed against a wall or side of the box on which there is no outlet. The baffle must be secured to the box and must extend at least one inch above the crown of the inlet flow line. Distribution pipes. 2? 36 (3) 1) Distribution pipes used in trenches or beds for gravity distribution must be at least four inches in diameter and must be constructed of sound and durable material not subject to corrosion or decay or to loss of strength under continuously wet conditions. 2) Perforated pipe used for sewage distribution pipes must have one or more rows of holes of no less than one-half inch in diameter spaced no more than 40 inches apart. Holes must be spaced to prevent failure due to loads. Distribution pipes must have a load bearing capacity of not less than 1,000 pounds per lineal foot. 3) The distribution pipes for gravity distribution must be laid level or on a uniform slope away from the distribution device of no more than four inches per 100 feet. 4) Other devices such as corrugated tubing wrapped with a permeable synthetic material or a chambered trench or bed may be used to distribute sewage tank effluent over the soil treatment area upon approval of the depart Pressure distribution. (A) Pressure distribution must be used for the following soil treatment systems: 1) All mound systems; 2) All at-grade systems; and 3) Systems where the soil percolation rate is 0.1 to five minutes per inch if the effluent is pumped to a seepage bed or to trenches that are all at the same elevation. (B) Distribution pipes used for pressure distribution must be constructed of sound and durable material not subject to corrosion or decay or to loss of strength under continuously wet conditions. 28 37 (c) All pipes and associated fittings used for pressure distribution must be properly joined together. The pipe and connections must be able to withstand a pressure of at least 40 pounds per square inch. (D) Perforations must be no smaller than 3/16-inch diameter and no larger than one-quarter inch diameter. The number of perforations, perforation spacing, and pipe size for pressure distribution laterals must be as shown in Table I. The friction loss in any individual perforated lateral must not exceed 20 percent of the average pressure head on the perforations. Maximum Allowable Number of One-Fourth-Inch Diameter, or Smaller, Perforations Per Lateral. TABLE I Pipe Diameter, Normal and Inside Perforation 1" 1 ¼" 1W' 2" Spacing in feet 1.049 1.380 1.610 2.067 2.5 8 14 18 28 3 8 13 17 26 3.3 7 12 16 25 4 7 11 15 23 5 6 10 14 22 (A) Perforation holes must be drilled straight into the pipe and not at an angle. The perforated pipe laterals must be installed level with the perforations downward. Perforation holes must be free of burrs. (B) Laterals must be spaced no further than' 60 inches apart and must be spaced no further than a horizontal distance of 30 inches from the bottom edge of a drain field rock layer. (C) Laterals must be connected to a header or manifold pipe that is of a diameter such that the friction loss in the header or manifold will be no greater than five percent of the average head at the perforations. The header or manifold pipe must be connected to the supply pipe from the pump. 38 9-953(19) (1) (2) (D) Perforated laterals must be designed and installed in such a way that no perforations are located closer than 12 inches from the edge of the drain field rock. Lift Station. Lift Station. A lift station, where used, shall meet the following requirements: (A) The lift station shall be watertight and constructed of sound and durable materials not subject to excessive corrosion or decay, vented, and must be designed and constructed to withstand lateral pressures when the tank is empty. (B) There shall be one or more maintenance holes, at least 20 inches least dimension and located directly above the pump. The maintenance hole shall extend through the lift station cover to final grade and shall be so constructed as to prevent unauthorized entry. (C) The lift station shall either include an alternating two-pump system or have a minimum total capacity of 500 gallons or 100 percent of the average design flow, whichever is greater. (D) A lift station must have an alarm device to warn of failure. (E) Pumps shall be elevated from the bottom of the lift station to protect the pump from settled solids. The pump, pump controls, and pump discharge line shall be installed so as to be accessible for servicing without entering the lift station. (F) Electrical installations shall comply with applicable laws and ordinances including the latest codes, rules, and regulations of public authorities having jurisdiction and with part 1315.0200, incorporating the National Electrical Code. Lift stations for gravity distribution: (A) Where a lift station is employed, a pump or siphon shall deliver the dose to the soil treatment unit for gravity distribution over the soil treatment area. (B) For dwellings, the dosing device shall discharge at least 600 gallons per hour but no more than 2,700 gallons per hour. 30 39 (3) (C) For other establishments, the dosing device should discharge at a rate at least ten percent greater than the water supply flow rate but no faster than the rate at which effluent will flow out of the distribution device. (D) If the dosing device is a siphon, a maintenance inspection shall be made every six months by the owner or the owner's agent. The siphon shall be maintained in proper operating condition. (E) If the dosing device is a pump, it shall be cast iron or bronze fitted and with stainless steel screws or constructed of other sound, durable, and corrosion-resistant materials. (F) Where the soil treatment area is at a higher elevation than the pump, sufficient dynamic head shall be provided for both the elevation difference and friction loss. (G) Where the dosing device is a pump, an alarm device shall be installed to warn of pump failure. Dosing devices for pressure distribution; (A) The dosing device shall be a pump which is cast iron or bronze fitted and with stainless steel screws or constructed of sound, durable, and corrosion-resistant materials. (B) The pump discharge capacity shall be based upon the perforation discharges for an average head of 1.0 foot for residential systems and 2.0 feet for other establishments. Perforation discharge will be determined by the following formula: q = 19.65 cd2 h where: q = discharge in gallons per minute c = 0.60 coefficient of discharge d = perforation diameter in inches h = head in feet (C) The pump discharge head shall be at least five feet greater than the head required to overcome pipe friction losses and the elevation difference between the pump and the distribution device. (D) The quantity of effluent delivered for each pump cycle shall be no greater than 25 percent of one day's sewage flow. 40 --- (E) An alarm device shall be installed to warn of pump failure. 9-953 (20) (F) A siphon will not be allowed as a lift station to deliver effluent to a pressure distribution system. Final Treatment and Disposal. Final treatment and disposal of all sewage tank effluent shall be by discharge into a soil treatment system. (2) Standard system. (A) Sizing: 1) The required soil treatment area shall be determined by the daily sewage flow, and the measured percolation rate of the soil. 2) Acceptable methods for estimating sewage flow for dwellings are given in Table II. The minimum daily sewage flow estimated for any dwelling shall provide for at least two bedrooms. For multiple residential units, the estimated daily sewage flow shall consist of the sum of the flows of each individual unit. TABLE II Number of Gallons per day Bedrooms 2 300 3 450 4 600 5 750 6 900 If a grey water system is employed, estimated sewage flow equals 60 percent of the amount provided in Table II. 32 41 2) For other establishments, average design flow shall be used to size soil treatment systems. Maximum design flow shall be used to size sewage tanks. Design flows shall be calculated using estimated or measured values for other establishments according to items a. and b. a) Estimated average and maximum design flows: the best available data as provided by the agency shall be used if estimating the average and maximum design flows. b) Measured average and maximum design flows: the average design flow shall be determined by averaging the measured daily flows for a consecutive seven-day period in which the establishment is at maximum capacity or use; and; the maximum design flow shall be the anticipated peak daily flow. Table III (next page) gives the required trench bottom area assuming 12 inches of drain field rock below the distribution pipe. The required bottom area may be reduced, for trenches only, by the following percentages: 20 percent for 18 inches of drain field rock below the distribution pipe; and :34 percent for 24 inches. Unless pressure distribution is used, all seepage bed bottom area must be 1.7 times the soil treatment areas required in Table III. With pressure distribution, the bottom area must be 1.2 times the soil treatment area required in Table III. 33 42 TABLE III Percolation Rate 0.1- 6-15 16-30 31-45 46-60 (minutes per inch) 5 NUMBER TANK SIZE GALLONS SQUARE FEET OF BEDROOMS PER DAY 2 1000 + 500 300 250 380 500 600 660 3 1000 + 1000 450 380 570 750 900 990 4 1000 + 1000 600 500 760 1000 1200 1320 5 1500 + 1000 750 630 950 1250 1500 1650 6 1500 + 1000 900 750 114 1500 1800 1980 0 7 2000 + 1000 1050 870 133 1750 2100 23t0 0 8 2000 + 1000 1200 990 152 2000 2400 2640 0 SQUARE FEET .83 1.27 1.67 2 2.20 PER GALLON TABLE III (continued) Percolation Rate in Minutes Per Soil Texture Square Feet Per Gallons Per Day Inch(MPI) Gallon Per Day Per Square Foot Faster than 0.1' Coarse Sand .......... 0.1 to 5** Sand 0.83 1.20 0.1 to 5 Fine Sand*** 1.67 0.60 6 to 15 Sandy Loam 1.27 0.79 16 to 30 Loam 1.67 0.60 31 to 45 Silt Loam 2.00 0.50 46 to 60 Clay Loam 2.20 0.45 Slower than 60**** Clay .......... 34 43 See below for explanation of asterisks (*). * Soil too coarse for sewage treatment. Distribution of sewage effluent shall be by pressure flow over the treatment area or by dividing treatment area into a minimum of four (4) equal parts connected serially, by means of drop boxes. For soils having more than 50 percent of very fine sand by weight, plus fine sand having a particle size range of 0.05 millimeters (sieve size 270) to 0.25 millimeters (sieve size 60), the required soil treatment area is 1.67 square feet per gallon of sewage flow per day. **** Soil with too high a percentage of clay for installation of an in ground standard system. (A) Location: 1) On slopes in excess of 12 percent, the soil profile shall be carefully evaluated in the location of the proposed soil treatment system and down slope to identify the presence of layers with different permeability's that may cause side hill seepage. In no case shall a trench be located within 15 feet of where such a layer surfaces on the down slope. 2) Bed construction shall be limited to areas having natural slopes of less than six percent. 3) Soil treatment systems shall be located as specified on Table IV. 44 TABLE IV. MINIMUM SETBACK DISTANCES (FEET) SEWAGE SOIL FEATURE TANK TREATMENT AREA Water Supply well less than 50 feet deep and not encountering at least ten feet of impervious 50 100 material Any other water supply well or buried water suction pipe 50 50 Buried pipe distributing water under pressure 10 10 Occupied buildings & buildings with basements or crawl spaces 10 20 Non-occupied structures 5 5 Property lines 10' 10* Above ground swimming pools 10 10 In ground swimming pools 10 20 THE ORDINARY HIGH WATER MARK OF: LS-1 Natural Environment Lakes & Streams 150'* 150'* LS-2 Recreation Development Lakes & Streams 75** 75** LS-3 General Development Lakes & Streams 75** 75** All unclassified waters 75** 75** BLUFF LINES: Shoreland Bluff lines (18% Slope) 20** 20** 1) May be altered only through normal variance process. May be varied through Shoreland Management Ordinance. Soil treatment areas shall not be placed in areas subject to flooding or in floodplains delineated by local ordinances adopted in compliance with the "Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota" (chapter 6120), or in areas for which regional flood information is available from the DNR, except that in areas where ten year flood information is available from and/or approved by the DNR, soil treatment systems may be installed in accordance with the provisions of Section 9-955. 45 (B) Design and construction: 1) The bottom of trenches and beds shall be at least three feet above the water table or bedrock. 2) The trenches shall be not less than 18 inches or more than 36 inches wide. Any excavation wider than 36 inches shall be considered a bed. No bed may be wider than 25 feet and parallel beds must not be located closer than ten feet apart. 3) The bottom of the trench or bed excavation shall be level. 4) The bottom and sides of the soil treatment system to the top of the drain field rock shall be excavated in such a manner as to leave the soil in a natural, un-smeared, and un-compacted condition. Excavation shall be made only when the soil moisture content is at or less than the plastic limit. 5) When the percolation rate is slower than 15 minutes per inch, excavation shall be by backhoe or other means that allow the equipment wheels or tracks to remain on the surface soil. Excavation equipment or other vehicles shall not be driven on the soil treatment area. 6) There shall be a layer of at least 12 but no more than 24 inches of drain field rock in the bottom of the trenches. 7) The drain field rock shall completely encase the top and sides of the distribution pipes to a depth of at least two inches. The top of the drain field rock in trenches, beds, and mounds must be level in all directions. 8) Drain field rock must be covered with a durable non-woven geotextile cover specific to this purpose. The cover must be of sufficient strength to undergo installation without rupture. In addition, the cover must permit passage of water without allowing the passage of overlying soil material into drain field rock. 9) The trenches or beds shall be backfilled and crowned above finished grade to allow for settling. The top six inches of soil shall have the same texture and density as the adjacent soil. The minimum depth of cover over the distribution pipes shall be at least six inches. The maximum depth of cover over the distribution pipes shall be no more than 24 inches. 3? 46 (c) 11) 12) 13) 14) 1) 2) A vegetative cover shall be established over the soil treatment system. The soil treatment system shall be protected until a vegetative cover is established. The vegetative cover established shall not interfere with the hydraulic performance of the system and shall provide adequate frost and erosion protection. A vertical inspection pipe at least 1-1/2 inches in diameter must be installed in each drain field rock layer of every trench or seepage bed. The inspection pipe must be located at an end opposite from where the sewage tank effluent enters the rock layer. The inspection pipe must have 3/8 inch or larger perforations spaced vertically no more than six inches apart in the rock layer, and must be solid pipe above. The inspection pipe must extend to the bottom of the rock layer and must be capped flush with or above finished grade. All joints for gravel-less drain field pipes or chambered systems must be secured as recommended by the manufacturer. Backfilling for gravel-less drain field pipe and chambered systems shall not crush or damage the medium. Gravel-less drain field pipe. Gravel-less drain field pipe, including appurtenances, shall be: of commercially fabricated corrugated pipe completely encased by the manufacturer in a geotextile wrap specific to this purpose; an eight-inch or a ten-inch nominal ID pipe that meets the requirements of American Society of Testing. Materials (ASTM) F667, which is incorporated by reference. The annual book of ^STM standards F667 "Standard Specification for Large Diameter Corrugated Polyethylene Tubing and Fittings" was issued in 1985 and is available at ^STM, 1916 Race Street, Philadelphia, PA 19103. The standards can be found at the Minnesota Law Library, Judicial Center, 25 Constitution Avenue, Saint Paul, MN 55155, and are not subject to frequent change. a) The pipes must be marked with an alignment stripe visible through the geotextile wrap and installed with this stripe at top center. b) The pipes shall contain a row or rows of cleanly cut three-eighths inch to one-half inch diameter holes located in such a manner to provide storage of solids. Each row shall contain a hole in every other corrugation valley, staggered such that every corrugation valley contains one hole. 38 47 (D) E) 3) 4) 5) 1) 2) 3) 4) 5) 6) 7) 1) 2) 3) Geotextile wraps specifically designed and tested for use with gravel- less pipe and for installation and use in individual sewage treatment systems. The sizing shall be 1.2 times the soil treatment area required in Table III. Protected from heat and ultraviolet rays prior to installation. Chambered systems. Chamber media including all piping and appurtenances shall be constructed: of commercially fabricated materials specific to this purpose; of materials resistant to sewage tank effluent; with an open bottom; to support the load of overburden and sidewall soil; with slotted or perforated sides to allow sewage to move laterally into the soil and prevent soil penetration into the chamber; no greater than three (3) feet in width; and with vertical outside dimensions less than 30 inches. Dual field systems: Dual field systems shall be used only where the percolation rate is slower than five minutes per inch. Dual field systems shall be sized, designed, and constructed as set forth above for standard systems except as follows: a) The soil treatment area shall be divided into two or more parts. b) Alternating soil treatment areas shall each be connected to a valve box outlet. A part of the soil treatment area shall be used no more than one year unless inspection of the effluent level indicates that a longer duration can be used. 48 (2) Mounds. (B) (A) Mound Requirements 1) Mounds must be constructed on original soils so that there is at least 36 inches of separation between the bottom of the drain field rock layer and limiting soil characteristics as defined in Section 9-951, subpart 68. 2) There must be at least 18 inches of original soil with a percolation rate faster than 60 minutes per inch above the limiting soil characteristics as defined in Section 9-951, subpart 68. EXCEPTIONS For Previously Developed Sites: 3) 4) 5) a) A depth of 12 to 18 inches of original suitable soil may be used. b) A 61 to 120 minutes per inch rate may be used. If original soil conditions do not exist on a site proposed for a mound, as defined in Section 9-951, subpart 43, the site is unsuitable for a mound. Absorption areas shall not be placed in areas subject to flooding as described in Section 9-955(d). On slopes of one percent or greater, and where the percolation rate in the top foot of original soil is in the 61 to 120 minutes per inch range, mounds must not be located where the ground surface contour lines directly below the long axis of the rock bed represent a swale or draw, unless the contour lines have a radius of curvature greater than 100 feet. Mounds must never be located in swales or draws where the radius of curvature of the contour lines is less than 50 feet. In no case shall mounds be placed on slopes greater than 12 percent. Design of mounds. Drain field rock must be used as the distribution medium in mounds. 1) The bottom area of the rock bed shall be calculated by multiplying the average design flow by 1.0 square feet per gallon per day. 2) The width of a single rock bed must not exceed ten feet. 3) A minimum of 12 inches of clean sand must be placed where the rock bed is to be located. 4O 49 4) The required absorption width is calculated by multiplying the rock bed width by the absorption ratio. The absorption ratio shall be determined according to Table V, using percolation rate of the upper 12 inches of soil in the proposed absorption area. a) A maximum of two (2) mounds may be placed with side-by-side rock beds. The required absorption-width shall be increased by four (4) feet. TABLE V Percolation Rate of Original Soil Under Sand Layer, Minutes Per Absorption Ratio Inch Faster than 5 1.00 6 to 15 1.50 16 to 30 2.00 31 to 45 2.40 46 to 60 2.67 61 to 120 5.00 1) The required absorption width for mounds constructed on slopes from zero to one percent shall be centered under the rock bed width. The required absorption width for mounds constructed on slopes greater than one percent shall be measured down slope from the down slope edge of the rock bed width and measured in the direction of the original land slope and perpendicular to the original contours. 2) The side slopes on the mound must not be steeper than three (3) horizontal units to one (1) vertical unit and shall extend beyond the required absorption area, if necessary. 3) On slopes of one (1) percent or greater, the upslope edge of the level drain field rock bed must be placed on the contour. 4) Whenever mounds are located on slopes greater than one (1) percent, a diversion must be constructed immediately upslope from the mound to intercept and direct runoff. 4] 50 (B) 5) Distribution of effluent over the rock bed must be by level perforated pipe under pressure as specified in Section 9- 953(18). 6) The rock bed shall completely encase the top and sides of the distribution pipes to a depth of at least two (2) inches above the pipe. The rock shall extend nine (9) inches below the pipe. 7) A vertical inspection pipe at least 1%-inches in diameter shall be installed and secured at each rock bed/sand interface of every mound. The inspection pipe must have 3/8 inch or larger perforations spaced vertically no more than six (6) inches apart. At least two (2) perforations must be located in the rock bed. No perforations shall be located above the permeable synthetic fabric. The inspection pipe must extend to the bottom of the rock bed and must be capped flush with or above finished grade. 8) The rock bed must be covered with durable non-woven geotextile cover specific to this purpose. The cover must be of sufficient strength to undergo installation without rupture. In addition, the cover must permit passage of water without passage of overlying soil material into the drain field rock. 9) Sandy to loamy soil material must be placed on the rock bed to a depth of one (1) foot in the center of the mound and to a depth of six (6) inches at the sides. When two (2) rock beds are installed side by side, the soil material must be 18 inches deep at the center of the mound and six (6) inches deep at the sides. 10) Six (6) inches of topsoil must be placed over the entire mound. Topsoil does not include peat soil textures. Surface preparation for mounds. 1) The supply pipe from the pump to the mound area must be installed before mound soil surface preparation. The trench excavated for the supply pipe must be carefully backfilled and compacted to prevent seepage of effluent. 2) All vegetation in excess of two (2)inches in length and dead organic debris must be removed from the absorption area. Trees must be cut heady flush with the ground and stumps should not be removed. 42 51 3) 4) 5) (c) All surface preparation must take place when the upper 12 inches of soil has a moisture content of less than the plastic limit and soil conditions allow field testing of sOil properties and these properties are maintained throughout installation. The absorption area must be roughened by backhoe teeth or moldboard, or chisel plowed to a depth of eight (8) inches. Discing is allowed if the upper eight (8)-inches of soil has a texture of sandy loam or coarser. If plowed, furrows must be thrown uphill and there must not be a dead furrow in the absorption area. A rubber-tired tractor may be used for plowing or discing. Rototilling or pulverizing the soil is not allowed. The original soil must not be excavated or moved more than one foot from its original location during soil surface preparation. Prior to placement of six (6) inches of clean sand, no vehicle shall be driven on to the absorption area after the surface preparation is completed. If rainfall occurs on the prepared surface, the site must be allowed to dry below the plastic limit and roughened as specified in sub item (B)(4) above. Mound construction. 1) The clean sand must be placed by using a construction technique that minimizes compaction. If the clean sand is driven on for construction, a crawler or track-type tractor must be used for mound construction. At least six (6) inches of sand must be kept beneath equipment to minimize compaction of the prepared surface. 2) The sand layer upon which the rock bed is placed must be level in all directions. 3) The top of the rock bed must be level in all directions. 4) Construction vehicles must not be allowed on the rock bed until backfill is placed. 5) A vegetative cover must be established over the entire area of the mound. The soil treatment system mound shall be protected until a vegetative cover is established. The vegetative cover established shall not interfere with the hydraulic performance of the system and shall provide adequate frost and erosion protection. 43 52 (2) 6) Shrubs must not be planted on the top of the mound. Shrubs may be placed at the foot and side slopes of the mound. At-grade systems. (A) Location of at-grade systems. (1) At-grade systems must be constructed on original soils so that there is at least 36 inches of separation between the bottom of the rock bed and saturated soil or bedrock. (2) Percolation tests shall be conducted in the upper 12 inches of original soil. At-grade systems are only allowed if constructed on soils with percolation rates faster than 61 minutes per inch. (3) At-grade systems shall not be installed in areas with slopes greater than 12 percent. (B) Design of at-grade systems. Rock bed absorption width shall be calculated by multiplying the linear loading rate by the soil sizing factor as identified in 9-953(20) Table III, using the percolation rate of the upper 12 inches of soil in the proposed absorption area. The linear loading rate shall be between two (2) and eight (8) gpd/ft as determined by the relationship between vertical and horizontal water movement in the soil. Total rock bed width for sloping ground shall consist of the rock bed absorption width plus enough rock on the upslope side to provide stability (2) Rock bed length shall be calculated by multiplying the soil-sizing factor by the average design flow and dividing by the rock bed width. (3) At-grade systems shall be pressurized in accordance with Section 9-953(18). Distribution pipe shall be installed in the center of the rock bed on slopes less than one (1) percent and on the upslope edge of the rock bed absorption width on slopes one (1) percent or greater. 44 53 (C) Construction of at-grade systems. 1) Surface preparation for at-grade systems shall be the same as mound construction. 2) Drain field rock must be used as the distribution medium in at-grade systems. 3) The upslope edge of an at-grade system shall be installed along the natural contour. 4) The rock bed shall completely encase the top and sides of the distribution pipe to a depth of at least two (2) inches above the pipe, There shall be at least nine (9) inches of rock below the distribution pipe. 5) The entire rock bed shall be covered with a durable non-woven geotextile cover specific to this purpose. The cover must be of sufficient strength to undergo installation without rupture. In addition, the cover must permit passage of water without allowing the passage of overlying soil material into the drain field rock. 6) One foot of loamy or sandy cover material shall be installed over the rock bed. Cover shall extend at least five (5) feet from the ends of the rock bed and be sloped to divert surface water. Side slopes shall not be steeper than four (4) horizontal units to one (1) vertical unit. The upper six (6) inches of the loamy soil cover must be topsoil. Topsoil must be of a quality that provides a good vegetative cover on the at- grade system and must exclude peaty material. Three (3) vertical inspection pipes of at least 1.5 inches in diameter shall be installed and secured along the down slope portion of the rock bed. These pipes shall be located within three (3) feet of the down slope edge of the rock bed at the middle and one-sixth of the total rock bed length and placed as measured from the ends of the rock bed. The inspection pipes shall have 3/8 inch or larger perforations spaced vertically no more than six (6) inches apart. No perforations shall exist above the permeable synthetic fabric. The inspection pipes must extend to the rock bed/soil interface and must be stabilized and capped flush with or above finished grade. 8) A vegetative cover must be established over the entire area of the at- grade system. The soil treatment at-grade system shall be protected until a vegetative cover is established. The vegetative cover shall not interfere with the hydraulic performance of the system and shall provide adequate frost and erosion protection. 45 54 SECTION 9-954 ALTERNATIVE AND EXPERIMENTAL SYSTEMS 9-954 General. The intent of this part is to provide standards for the location, design, installation, use, and maintenance of alternative and experimental sewage treatment systems. Alternative systems must meet the requirements listed below and can only be used when a standard system cannot be installed or is not the most suitable treatment. They may be employed provided: (a) reasonable assurance of performance of the system is presented to the permitting authority; (b) the engineering design of the system is first approved by the permitting authority; (c) there is no discharge to the ground surface or to surface waters. Systems designed with a ground surface or surface water discharge are not covered under this chapter and must obtain a National Pollutant Discharge Elimination System permit or state disposal system permit from the Pollution Control Agency. (d) a three-foot minimum separation is provided between the bottom of the distribution medium and the saturated soil or bedrock. (e) treatment and disposal of wastes is completed in a manner that protects the public health and general welfare; (f) the system meets all local codes and ordinances and is subject to periodic inspections by the permitting authority to assure adherence to specifications; (g) provide mitigative plan to the permitting authority, indicating what will be done if the system fails to provide treatment and disposal; and (h) provide a water meter (located down flow of any outside sill cocks) to verify water use. 9-955 Floodplain Areas. 9-955(a) There shall be no pipe or other installed opening between the distribution medium and the soil surface. 9-955(b) Trench systems shall be located on the highest feasible area of the lot and shall have location preference over all other improvements except the water supply well. The bottom of the distribution medium shall be at least as high as the elevation of the ten-year flood. The sewage tank may be located so as to provide gravity flow to the trenches. 46 55 9-955(c) If a lift station is used to move effluent from the sewage tank to the trenches, provisions shall be made to prevent the pump from operating when inundated with floodwaters. 9-955(d) When it is necessary to raise the elevation of the soil treatment area, a mound system as specified in Section 9-953(20), Subpart 3, may be used with the following additional requirement: In no case shall the sand base fill for the mound exceed 48 inches below the rock bed. The elevation of the mound shall be such that the elevation of the bottom of the rock bed shall be at least one-half foot above the ten-year flood elevation. Inspection pipes shall not be installed unless the top of the mound is above the elevation of the regional flood. 9-955(e) When the top of a sewage tank is inundated, the dwelling must cease discharging sewage into it. This may be accomplished by either temporarily evacuating the structure until the system again becomes functional, or by diverting the sewage into a holding tank as follows: If a holding tank is used for a dwelling, its liquid capacity shall equal 100 gallons times the number of bedrooms times the number of days between the ten-year stage on the rising limb of the regional flood hydrograph and the ten-year stage on the falling limb of the hydrograph, or 1,000 gallons, whichever is greater. For other establishments, storage equal to at least five times the average design flow must be provided. The holding tank must be accessible for removal of tank contents under flooded conditions. 9-955(f) The building sewer shall be designed to prevent backflow of liquid into the building when the system is inundated. If a holding tank is used, the building sewer shall be designed to permit rapid diversion of sewage into the holding tank when the system is inundated. 9-955(g) Whenever the water level has reached a stage above the top of a sewage tank, the tank shall be pumped to remove all solids and liquids after the flood has receded before use of the system is resumed. 9-956 Greywater system. A toilet waste treatment device shall be used in conjunction with a greywater system. In all cases, only toilet wastes shall be discharged to toilet waste treatment devices. Greywater or garbage shall not be discharged to the device except as specifically recommended by a manufacturer. 9-956(a) Plumbing. The drainage system in new dwellings or other establishments shall be based on a pipe diameter of two inches to prevent installation of a water flush toilet. There shall be no openings or connections to the drainage system, including floor drains, larger than two inches in diameter. For repair or replacement of an existing system, the existing drainage system may be used. 9-956(b) Building sewer. The building sewer shall meet all requirements of Section 9- 953(13)(1) except that the building sewer for a greywater system shall be no greater than two inches in diameter. 47 56 9-956(c) Sewage tank. Greywater septic tanks shall meet all requirements of Section 9-953(13). The soil treatment area shall be 60 percent of the amount calculated in Table III in Section 9-953(20). The septic tank for a greywater system shall be a single tank in accordance with the first tank shown in Section 9-953(14)(A). 9-956(d) Final treatment of greywater shall meet all requirements of Section 9-953(20). 9-957 Privies. Privies shall only be considered when there is no water supplied to the dwelling. Pit privies shall not be installed where the bottom of the pit is less than three feet above saturated soil or bedrOck. A vault privy shall be used in areas not meeting the three-foot separation. The vault of a vault privy shall be constructed in the same manner as a sewage tank. Privies shall be set back from surface waters, buildings, and property lines as shown in Table IV in Section 9-953(20). Pits or vaults shall be of sufficient capacity for the dwelling they serve, but shall have at least 50 cubic feet of capacity. The sides of the pit shall be constructed so as to be easily maintained, and it shall be insect proof. The door and seat shall be self-closing. All exterior openings, including vent openings, shall be screened. Privies shall be adequately vented. When the privy is filled to within one foot of the top of the pit, the solids shall be removed. Abandoned pits shall have the solids removed by a MPCA licensed pumper, and be filled with clean earth and slightly mounded to allow for settling. 9-958 Other toilet waste treatment devices. Other toilet waste treatment devices may be used where reasonable assurance of performance is provided. All devices shall be vented. All electric, gas, and water connections shall conform to all local ordinances and codes. Operation and maintenance shall follow the manufacturer's recommendations. 9-959 Collector Systems. 9-959(a) Where site and soil conditions do not provide suitable conditions for final treatment and disposal on an individual lot, a soil treatment system located on another lot or lots may be employed where approved by the city council. 48 57 9-959(b) Collector systems shall be designed by a registered Professional Engineer, licensed in the State of Minnesota, and certified by the MPCA as competent in the field of on-site system design. 9-959(c) Hydro-geologic Study - due to the effect large flows have on groundwater quality and groundwater mounding, a hydrologist shall determine site suitability based on the following issues: (1) Identify the depth to the static groundwater level and any perched water or areas likely to be seasonally saturated. (2) Identify depth to bedrock (3) Identify the proposed depth of the distribution medium. (4) Determine the direction of groundwater flow (both horizontally and vertically). (5) Determine background groundwater quality at the location. (6) Estimate the height of groundwater mounding from the confirm adequate vertical separation. (7) Determine whether drinking water standards can be boundary. proposed system to met at the property (8) Estimate the impact of water quality on existing or future downstream wells. Depending on this estimate, piezometer and or monitor wells may be required. EXCEPTION: Systems designed for 1,200 gallons per day or less do not require a hydro geologic study, or a design by a registered professional engineer. 9-959(d) Application to the department shall be accompanied by the hydro-geologic study and engineering drawings and specifications and shall demonstrate compliance with the Zoning Ordinance, Plumbing Code and issues relating to joint ownership of land, joint system maintenance responsibilities, homeowners associations, easements, covenants and such other items as may apply to the specific proposal. 9-959(e) Design. (1) The sum of a common soil treatment system shall be based on the sum of the areas required for each dwelling unit or establishment being served. (2) The system shall be designed with each residence having a sewage tank or with a common sewage tank. The tank shall be sized according to Section 9-953(13). 49 58 (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Sewer systems shall be designed on an estimated average daily flow for dwellings based on Table II, set forth in part 9-953(20), plus estimated flows from other establishments. The sewer for systems with common sewage tanks shall be so constructed to give mean velocities, when flowing full, of not less than two feet per second. The sewer for systems with individual sewage tanks shall be so constructed and designed to hydraulically conduct the flow for which they were designed. In no case shall a gravity sewer be less than four inches in diameter. The diameter and grade line should be based on a flow equal to 50 percent of the average design flow occurring in a one-hour period. Flows shall be increased to allow for 200 gallons of infiltration per inch of pipe diameter per mile per day. Cleanouts, brought flush with or above finished grade, shall be provided wherever a common sewer joins an individual building sewer or piping from an individual sewer tank, or every 100 feet, whichever is less, unless manhole access is provided. There shall be no physical connection between sewers and water supply systems. Sewers shall be set back from water supply systems and piping as required for building sewers. Where it is not possible to obtain proper separation distances, the sewer connections shall be watertight and pressure tested. Pipes, pipe points and pump stations shall be watertight. Pump stations shall have manholes flush with or above finished grade for cleaning and maintenance. Manhole covers shall be so constructed as to prevent unauthorized entry. Pumps and lift stations shall be sized to handle 50 percent of the average design flow in a one-hour period. Common pump tanks shall have a pump out capacity of ten percent of average design flow and two alternating pumps. An alarm system shall be provided for all pumping stations to warn of pump failure, overflow, or other malfunction. For systems with individual septic tanks, a stilling tank of at least 1,500 gallons liquid capacity or ten percent of the average design flow, whichever is greater, should be provided before the soil treatment system. 5O 59 (14) Maintenance. All persons using a common drain field system shall assure, by contract with maintenance personnel or other equivalent means, that the system will be adequately maintained throughout its useful life. The system so maintained includes, but is not limited to, common drain fields, common sewage tanks, common pumps, common pump stations, common sewers, and all individual tanks connected to the common system. 9-960 Sewage Holding Tanks. Sewage holding tanks may be considered for installation on previously developed sites, as a temporary method for periods of up to one (1) year, during which time measures are being taken to provide municipal sewer service or the installation of an approved system as provided in this ordinance. Holding tanks may be considered on a permanent basis for nonresidential, Iow water use establishments generating less than one hundred fifty (150) gallons per day of waste, subject to approval by the department and the issuance of a certificate of compliance. Holding tanks may also be considered for floor drains for vehicle parking areas, and existing facilities potentially generating a hazardous waste. (a) Design and installation. (1) A sewage-holding tank shall be constructed and installed as specified in this Ordinance for sewage tanks. (2) Holding tanks shall be located as required for sewage tanks, Table IV, and at locations readily accessible by normal pumping equipment under all weather conditions. (3) Holding tanks shall be provided with a clean-out pipe of six (6) inch minimum diameter extending to or above the ground surface, capped or sealed to prevent odors and inflow of surface water. (4) Holding tanks shall be provided with a manhole of twenty (20) inch minimum least dimension to within a minimum of six (6) inches below finished grade. Covers shall be secured to prevent unauthorized entry. (5) When installed in areas of high ground water, within six (6) feet of the ground surface, holding tanks shall be installed entirely above the ground water level or shall be installed according to an engineer's design to prevent flotation. (b) Capacity. (1) Sewage holding tanks shall have a minimum capacity of one thousand two hundred (1,200) gallons or four hundred (400) gallons times the number of bedrooms for a dwelling unit, whichever is greater. 5] 60 (2) For other establishments, capacity shall be based on measured or estimated flow rates. Minimum capacity shall be equal to at least eight (8) times the daily flow rate. (3) Water use metering shall be required for each dwelling unit or other establishment served by a holding tank. (c) Service and maintenance. (1) Where holding tanks are installed, the owner shall provide and maintain a contract with a licensed pumper, providing for regular pumping of the tank. (2) Records of pumping data, to include dates, quantities and septage disposal location, shall be maintained by the pumping contractor and reported quarterly to the permitting authority. (3) Holding tanks shall be provided with alarm or warning devices that will activate a signal when the tank reaches seventy-five (75) percent of its capacity. (4) The permitting authority shall be provided right of access to perform periodic maintenance and operational inspections of the system. 9-961 Experimental Systems. Systems utilizing innovative techniques or methods may be considered for new or existing development under the following conditions: (a) Reasonable assurance of performance of the system is presented to the permitting authority. (b) System being proposed is substantiated by engineering data and approved by the permitting authority. (c) System is in compliance with Minnesota Pollution Control Agency rules. (d) Adequate area for long-term sewage treatment by suitable soils as required for standard systems is identified and reserved on the site. (e) Performance monitoring of the system, including but not limited to water use metering, effluent quality and system maintenance are provided. 61 (f) Failure of experimental system to function or to properly treat sewage to a standard equivalent to a standard drain field system will require discontinuation of use until reasonable modifications can be made or the system is replaced with a standard system. (g) A mitigative plan must be provided to deal with possible system failure. It must include the planned corrections and/or replacement, as well as a clear agreement signed by all parties clarifying who will pay for the mitigation. (h) Proposed experimental systems, which do not provide the three (3) foot minimum separation, must obtain a variance from the Minnesota Pollution Control Agency as specified in 7080.0305 subp. 3. (i) Proposed experimental systems, which do not provide the three (3) foot minimum separation, must obtain a variance from the Minnesota Pollution Control Agency as specified in 7080.0305 subp. 3. SECTION 9-962. OPERATION AND MAINTENANCE 9-962 General Requirements. Each individual on-site sewage treatment system currently existing as well as those installed under this ordinance shall be operated and maintained according to the provisions of this section. 9-962(a) Maintenance of Septic Tanks. The owner of any septic tank or the owner's agent shall regularly, but in no case less frequently than every three years, have the tank or tanks pumped. As an alternative, the owner may inspect and measure the accumulations of sludge, which includes the settled materials at the bottom of the tank, and the accumulations of scum, which includes grease and other floating materials at the top of the tank. The owner of any septic tank or the owner's agent must arrange for the removal and sanitary disposal of septage from the tank whenever the top of the sludge layer is less than 12 inches below the bottom of the outlet baffle or whenever the bottom of the scum layer is less than three inches above the bottom of the outlet baffle. Removal of septage shall include complete removal of scum and sludge. (2) The owner or the owner's agent shall install access to the septic tanks in accordance with Section 9-953(d)(13) to allow for proper maintenance. (3) Individual sewage treatment system additives, which contain hazardous materials, must not be used in individual sewage treatment systems in Minnesota. 53 62 (4) Individual sewage treatment system additives must not be used as a ' means to reduce the frequency of proper maintenance and removal of septage from the septic tank as specified in item (1). 9-962(b) Maintenance of System Components. Whenever inspection of pump stations, distribution devices, valve or drop boxes indicates the accumulation of solids, such device shall be promptly cleaned. 9-962(c) Activities on the Soil Treatment Area. Activities on the soil treatment area or the alternate soil treatment area that may impair the treatment abilities or hydraulic performance of the soil treatment system are prohibited. Any maintenance activity used to increase the acceptance of effluent to a soil treatment system must: (A) not be used on failing systems; (B) not decrease the separation to the saturated soil or bedrock; (c) not cause preferential flow from the system bottom to the saturated soil or bedrock; and (D) be conducted by a qualified employee or under an installer license. 9-962(d) Disposal of Septage. Septage shall be disposed of only by approved means as follows: (1) Septage shall be disposed in accordance with all state and federal requirements. (2) Septage must be disposed into a municipal treatment system. SECTION 9-963. ADMINISTRATION 9-963(a) Applicability. The ordinance shall apply and be in effect for the stated purposes for the City of Maplewood. 9-963(b) Enforcement. (1) The City of Maplewood shall be responsible for administration and enforcement of this ordinance. $4 63 (2) (3) 9-963(c) (1) (2) 9-963(d) (2) (3) (4) (5) (6) The department or its agent shall be qualified and certified by the MPCA as competent in the design, evaluation and inspection of individual on-site sewage treatment systems. If the Department finds that by reason of exceptional circumstances the strict enforcement of any provisions 'of this ordinance would cause undue hardship or that strict conformity with the standards would be unreasonable, impractical, or not feasible under the circumstances, the Department in its discretion may permit modifications in individual cases upon conditions as it may prescribe for prevention, control, or abatement of pollution in harmony with the general purpose of these standards and the intent of applicable state and federal laws. In no case will the 36-inch separation requirement be compromised. Board of Adjustment and Appeals. The Maplewood City Council shall hear and decide appeals and review any order, decision or determination made by the department about the enforcement of this ordinance. An appeal of an administrative decision or determination may be filed by any person, department, bureau, city, county, or state. Permits Required. Permits shall be required for sewage treatment system as follows: All new installations of sewage tanks, treatment systems and components thereof. All repair, extension, replacement or modification of existing systems and components. Any change in use of a facility served by an existing sewage treatment system. Permits shall not be required for normal routine inspection and maintenance of systems. No building permit shall be issued for any new construction until the permit required for the treatment system has first been issued. No building permit shall be issued for remodeling involving 50 percent or more of the structure, or alterations that would affect the water use, such as bedrooms, bathrooms, or additions to living space (excluding 55 64 (7) 9-963(e) (1) (2) (3) such things as screen porches, entryways, decks, attics, patios, uninhabitable storage space, etc.) until the treatment system has been determined to be both adequate and conforming, or a permit required for a new treatment system has first been issued. Where work requiring a permit under this ordinance has been commenced without first having obtained a permit, work shall be ordered to stop until the permit requirement has been satisfied. Inspections Required. Inspection as required determining compliance with this ordinance shall be performed by the department or its authorized agent under the following circumstances: Site inspeCtions to verify and evaluate soil and site conditions and to determine suitability of soils and system design. Necessary investigation to determine compliance of existing systems at the time of remodeling, alteration, or additions. Installation inspections shall be made at each installation, prior to any work having been covered by backfill. (A) The licensed installer shall be responsible to notify the department a minimum of twenty-four (24) hours prior to the timework is ready for inspection or reinspection. (B) Work which is backfilled prior to required inspection may be ordered to be uncovered whenever necessary to determine compliance. (c) When, upon inspection, any part of the system is determined not to be in compliance with this ordinance, written notice shall be provided by the department indicating the deficiency and the required corrections. (D) Noted deficiencies shall be propedy corrected and reinspected before any other work on the project is continued. (E) No system shall be placed or replaced in service until final inspection and approval of the installation. (F) Contractor, upon completion of installation, shall file with the department, as-built drawings indicating the location of system components dimensioned from a permanent reference point. 56 65 (4) Mounds - A minimum of three construction inspections are required: (A) When the original soil under the mound has been roughened, but prior to placement of the sand fill. Enough of the proposed sand fill must be present to be viewed. (B) After placement of rock and piping but prior to cover. (C) Final inspection, when job is completed. (5) The owner or occupant of a property shall be responsible to provide access at reasonable times, to the department or its agent, for the purpose of performing inspections required under this ordinance. (6) To enforce this ordinance the department may enter a building, property, or a place where there is reason to suspect a system is failing to properly treat or dispose of sewage. (7) Fees for inspections, reinspections, or other services rendered under this ordinance shall be as set by resolution of the Maplewood City Council from time to time. SECTION 9-964. LICENSING AND PERMITS 9-964(a) Licensing. All persons, firms, or corporations proposing to engage in the business of installation, constructing, pumping, soil testing, designing, or providing private inspection or maintenance services for on-site sewage treatment systems shall be registered and licensed by the Minnesota Pollution Control Agency 9-964(b) Permits. No person, firm, or corporation shall install, alter, repair or extend any individual sewage treatment system in the City of Maplewood without first having obtained a permit, therefore, from the department for the specific work, and having paid the fee prescribed for such permit as determined from time to time by the Maplewood City Council. 9-964 (c) Permit Application. Permit application shall be made in writing upon forms provided by the department and shall contain data including, but not limited to the following: (1) Correct legal description of the property on which the proposed work is to take place. (2) Site plan, drawn to scale showing the location of all proposed and existing structures, property lines, water supply wells within 100 feet, terrain features such as bluff lines, water bodies or water ways, buried utilities, easements and other unique features of the site. 57 66 (3) Soil test data, including soil boring logs, percolation test data with field notes, where required location and identification of test area. (4) Plans and details of the proposed installation of work, including engineering data and final design. (5) In certain cases, a survey may be required showing all the above information and including such things as elevations, contour lines, normal high water marks, and ten (10)year and one hundred (100)year flood elevations. (6) Building plans showing existing and proposed room arrangement and uses. (7) For other than dwellings, calculated or measured water use rates occupancy and occupant load. (8) Evidence of compliance with state or other jurisdiction regulations where applicable. 9-964(d) Term of Permit. Permits shall be valid upon issuance, for a period of one (1) year and may be renewed, when no changes are proposed, upon application for renewal and payment of the fee prescribed. 9-964(e) Permit Revocation. Permits issued under this ordinance may be revoked upon written notice of the department when such permit has been issued based upon erroneous or inaccurate application data. SECTION 9-965. ENFORCEMENT 9-965(a) Violations and Penalties. It is hereby declared unlawful for any person, firm or corporation to violate any term or provision of this ordinance. Violation thereof shall be a misdemeanor. Each day that a violation is allowed to continue shall constitute a separate offense. 9-965(b) Enforcement. In the event of a violation or a threatened violation of this ordinance, the department, in addition to other remedies, may request appropriate actions or proceedings to prevent, restrain, correct, or abate such violations or threatened violations. In addition, written notice in the form of a license complaint may be made to the Commissioner of the Minnesota Pollution Control Agency (MPCA). 9-965(c) Public Health Act. In cases where a public health nuisance has been determined to exist the Department may institute enforcement action under the Public Health Act Section 145A. 58 67 SECTION 9-966. EFFECTUATION 9-966(a) Separability. It is hereby declared to be the intent that the several provisions of this ordinance are separable in accordance with the following: (1) If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. (2) If any court of competent jurisdiction shall adjudge invalid the application of any portion of this ordinance to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. The Maplewood City Council approved this ordinance on ,2OO SECTION 2. This Ordinance shall become effective on June 1,2002. An official copy of this ordinance is on file in the office of the Maplewood City Clerk, , Maplewood, Minnesota. ATTEST: Mayor City Clerk AYES -- NAYS-- 68