HomeMy WebLinkAboutNo 461 Critical Overlay District OrdinanceORDINANCE NO. 461
CRITICAL AREA OVERLAY DISTRICT ORDINANCE
An Ordinance Promoting the Health, Safety
and Welfare of the Citizens of Maplewood,
Minnesota, by amending the zoning ordinance,
adopting new sections, creating a Critical
Area Overlay District, and creating a Site
Planning Requirement therein.
Section 1. The 'Zoning Code of the laity of Maplewood is amended to add Chapter 918.
GENERAL PROVISIONS
918.010. Findings. The City of Maplewood finds that the i-fississippi River Corridor
within the Metropolitan Area and the river is a unique and valuable local,
state, regional and national resource. The river is an essential element in
the local, regional, state and national transportation, sewer and water, and
recreational system and serves important biological and ecological functions.
The prevention and mitigation of irreversible damage to this resource and the
preservation and enhancement of its natural, essthetic, cultural, and historical
values is in furtherance of the health, safety, and general welfare of the city.
918.020. Purpose and Intent. It is the purpose and intent of this ordinance to
prevent and mitigate irreversible damage to this unique state, local, regional,
and national resource, to preserve and enhance its value to the public and pro-
tect and preserve the system as an essential element in the city's transportation,
sewer and water, and recreational systems in accordance with the following
policies:
(a) The Aiississippi River Corridor shall be managed as a multi-purpose public
resource by conserving the scenic, environmental, recreational, mineral,
economic, cultural, and historic resources and functions of the river corridor
and providing for the continuation of development of residential and open
space uses within the river corridor.
(b) The Mississippi River Corridor shall be managed in a manner consistent with
its natural characteristics and its existing development and in accordance
with regional plans for the development of the Metropolitan Area.
(c) The Mississippi River Corridor shall be managed in accordance with the Crit-
ical Areas Act of 1973, the Minnesota Environmental Policy Act of 1973, and
the Governor's critical area designation order, Executive Order No. 130
dated November 19, 1976, and other applicable state and federal laws.
9113.030. Establishment of Critical Area Overlay District. A critical area overlay
district with its attendant regulations is hereby established as part of the
zoning ordinance of Maplewood, Minnesota. This district shall overlay existing
zoning districts, so that any parcel of land lying in the overlay district shall
also lay in one or more of the underlying established zoning districts. Terri-
tory within the overlay district shall be subject to the requirements establish-
ed by other applicable ordinances and regulations of the City of Maplewood.
Within the overlay district, all uses shall be permitted in accordance with the
regulations for the underlying zoning district(s) provided, however, that such
uses shall not be entitled to or issued the appropriate development permit
until they have first satisfied the additional requirements established in this
ordinance.
913.040. District Boundaries. This overlay ordinance shall apply to the critical
areas district which is specially delineated on the official zoning map of the
City of Maplewood for purposes of determing the application of this ordinance to
any particular parcel of land, the above -referenced rasp shall be on file in the
office of the Director of Community Development and shall be available for in-
spection and copying.
918.050. Definitions.
1. Critical Area - the area known as the Mississippi River Corridor Critical
Area designated by the Governor in Executive Order No. 130 dated November,
1976.
2. Crown Cover - the ration between the amount of land shaded by the vertical
projection of the branches and foliage area of standing trees to the total
area of land, usually expressed as a percentage.
3. Dimensional Requirement - minimum and maximum setbacks, yard requirements,
or structure height or size restriction in the Zoning Ordinance Section.
4. Erosion - the general process by which soils are removed by flowing surface
or sub -surface water or wind.
5. Gross Soil Loss - the average annual total amount of soil material carried
from one acre of land by erosion.
6. Lift Station - a facility, usually including pumping facilities, for the
lifting of sewage or stormwater runoff to a higher sewage facility or storm -
water runoff facility.
7. Natural hate of Absorption - the amount of stormwater absorbed into the soil
during a storm of once in twenty year occurence.
8. Person - any individual, firm, corporation, partnership, association or
other private or governmental entity.
9. Pipeline - an underground line of pipe including associated pumps, valves,
control devices and other structures utilized for conveying liquids, gases,
sewage or other finely divided solids from one point to another.
10. Retaining Wall - s Structure utilized to hold a slope in a position which
it would not naturally remain in.
11. Sediment - suspended matter carried by water, sewage or other liquids.
12. Septic Tank - any device for the treatment and disposal of human waste
which utilizes the percolation of the liquid portion of the waste into the
soil including all portions of said system which are not contained inside
a building.
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13. Slope - the inclination of the natural surface of the land from the hori-
zontal.
14. Soil - the upper layer of earth which may be dug or plowed; the loose sur-
face material of the earth in which vegetation normally grows.
15. Structure - anything manufactured, construction, or erected which is normally
attached to or positioned on land, including portable structures.
16. Substation - any utility structure other than lines, pipelines, holes or
towers.
17. Terrace - a relatively level area bordered on one or more sides by a retain-
ing wall.
18. Tree - any woody plant that has at least one truck whose diameter is four
feet above the ground is four inches or greater.
19. Utility Facility - physical facilities of electric, telephone, telegraph,
cable television, water, sewer, solid waste, gas, and similar service
operations.
20. Vegetation - all plant growth, especially tree, shrubs, mosses and grasses.
21. Water Body - any lake, stream pond, wetland, or river.
22. Wetland - any land which is seasonably wet or flooded including all marshes,
bogs, swamps, and floodplain.
918.060. Site Plan Contents.
A. Site plans shall be prepared to a scale appropriate to the size of the
project and suitable for the review to be performed.
B. The following information shall be provided in the site plan:
(1) location of the property including such information as the name and
numbers of adjoining roads, railroads, existing subdivisions, or other
landwards.
(2) the name and address of owner(s) or developer(s), the section, township
and range, northpoint, date and scale of drawing, and number of sheets.
(3) existing topography as indicated on a contour map having a contour
interval no greater than 2 feet per contour; the topography map shall
also clearly delineate any bluffline, all streams, including intermittent
streams and swales, waterbodies, statement of water quality and a class-
ification given to the waterbody by the Minnesota Department of Aatural
Resources and the Minnesota PCA, if any. The topography map shall in-
dicate the floodway and/or flood fringe lines.
(4) a plan delineating existing drainage of the water setting forth in
which direction the volume and at what rate stormwater is conveyed from
the site and setting forth those areas of the site where stormwater
collects and is gradually percolated into the ground or slowly released
to stream or lake.
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SITE PLAN14114G REQUIREMNTS.
918.070. Site Plan Required. No building permit, zoning approval or subdivision
approval permit or certificate shall be issued for any action located in an
area covered by this ordinance until a site plan has been prepared and approved
in accordance with the provisions of this ordinance.
918.080. Exceptions.
A. No site plan shall be required for an existing single-family dwelling nor
for the extension, enlargement, change or alteration thereof, nor accessory
structures thereto, provided that the dwelling remains a single-family
dwelling.
B. No site plan shall be required for any use permitted on a temporary basis
for a period not to exceed two years when such use is established without
site preparation and makes no discharge on to the site. No extensions
shall be granted beyond the two-year temporary permit.
918.090. Site Plan Application. A written application for site plan approval shall
be filed with the Director of Community Development containing evidence adequate
to show that the proposed use will conform to the standards set forth in this
ordinance. Three (3) sets of clearly legible blue or black -lined copies or
drawings and required information shall be submitted to the Director of Community
Development and shall be accompanied by an application fee of 43U.U0.
(5) a description of the soils of the site including a map indicating soil types
by areas to be disturbed as well as a Boil report prepared by a soil scien-
tist containing information on the suitability of the soils for the type of
development proposed and for the type of sewage disposal proposed and de-
scribing any remedial steps to be taken by the developer to render the soils
suitable. All areas proposed for grading shall be identified by soil type,
both as to soil type of existing top soil and soil type of the new contour.
The location and extent of any erosion area shall be indicated. The stabil-
ity of rock units along bluff lines shall be included in the soils descript-
ion.
(6) a description of the flora and fauna, which occupy the site or are occasion-
ally found thereon, setting forth with detail those areas where unique plant
or animal species may be found on the site.
(7) a description of any features, buildings or areas which are of historic
significance.
(8) a map indicating proposed finished grading shown at contours at the same
intervals as provided above or as required to clearly indicate the relat-
ionship of proposed changes to existing topography and remaining feasures.
(9) a landscape plan drawn to an appropriate scale, including dimensions and
distances and the location, type, size and description of all existing
vegetation, clearly locating and describing any vegetation proposed for re-
moval and all proposed landscape materials which will be added to the site
as part of the development.
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(10) a proposed drainage plan of the developed site delineating in which direction,
the volume, and at what rate stormwater will be conveyed from the site and
setting forth the areas of the site where stormwater will be allowed to
collect and gradually percolate into the ground, or be slowly released to
stream or lake. The plan shall also set forth hydraulic capacity of all
drainage structures to be constructed or existing structures to be utilized,
including volume of holding ponds and design storm.
(11) an erosion and sedimentation control plan indicating the type, location,
and necessary technical information on control measures to be taken both
during and after construction including a statement expressing the calcu-
lated anticipated gross soil loss expressed in tons/acre/year both during
and after construction.
(12) the proposed size, alignment, height and intended use of any structures to
be erected or located on the site.
(13) a clear delineation of all areas which shall be paved or surfaced including
a description of the surfacing material to be used.
(14) a description of the method to be provided for vehicular and pedestrian
access to the proposed development and public access to the river and/or
public river view opportunities both before and after development: a des-
cription of the development's impact on existing views of and along the river.
(15) a description of all parking facilities to be provided as part of the de-
velopment of the site including an analysis of parking needs generated by
the proposed development.
(16) a delineation of the area or areas to be dedicated for public use.
(17) a delineation of the location and amounts of excavated soils to be stored
on the site during construction.
(18) any other information pertinent to the particular project which in the
opinion of the Director of Community Development or applicant is necessary
or helpful for the review of the project.
(19) the Director of Community Development may waive any of the above require-
ments that are not applicable.
918.100. Site Plan Approval. The Director of Community Development shall approve
or deny all applications, except those that would normally need approval by the
City Council. If the applicant is not satisfied with the decision of the Dir-
ector of Community Development, the decision may be appealed to the City Council
after a recommendation from the Planning Commission.
918.110. Site Plan Approval Standards. Wo site plan which fails to satisfy the
following standards shall be approved by the City Council or Director of Com-
munity Development.
A. The applicant shall demonstrate that the proposed development shall be
planned, designed, constructed and maintained to avoid substantial probab-
ilities of:
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(1) accelerated erosion.
(2) pollution, contamination, or siltation of water bodies, rivers and
streams.
(3) damage to vegetation.
(4) injury to wildlife habitats.
(5) increased flood potential.
(6) decreased ground water recharge.
B. The applicant shall demonstrate that the types and densities of land use
proposed shall be suited to the site and soil conditions and shall not present
a threat to the maintenance of the groundwater quality, a potential increase
in maintenance cost of utilities, parking areas, or roads, and shall not be
subject to problems due to soil, limitations, including, but not limited to
soil bearing strength, shrink/swell potential, and excessive frost movement.
C. No development shall be permitted on land having a slope before alteration
in excess of 12 percent unless the applicant shall prove that the following
conditions are met:
(1) The foundation and underlying material of any structure, including
roads, shall be adequate for the slope condition and soil type.
(2) Adequate controls and protections exist uphill from the proposed develop-
ment such that there is no danger of structures or roads being struck
by falling rock, mud, uprooted trees, or other materials.
(3) The proposed development presents no danger of falling rock, mud, up-
rooted trees, or other materials to structures downhill.
(4) The view of the developed slope from the river and opposite riverbank
is consistent with the natural appearance of the undeveloped slope,
consistent with any historic areas nearby, compatible with the view
from historic areas, and compatible with surrounding architectural feat-
ures. To the maximum extent possible, the use of natural devices, in-
cluding vegetation management shall be preferred over the construction
of artificial devices, including culverts, holding ponds, walls, and
terracing.
(5) All other structures other than buildings and roadway surfaces, but
including retaining walls shall meet the following design requirements:
(a) retaining walls or terrace contours shall not exceed five feet in
height;
(b) construction materials shall be subject to Community Design Review
Board approval;
(c) the minimum space in between terraces and retaining walls shall be
twenty feet.
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(G) Any lift stations required to service the slope development with local
sewer systems are designed in accordance with local design standards
and approved by the city engineer. The applicant shall furnish a satis-
factory arrangement or agreement by which the cost of maintenance and
operation of the 'Lift station are borne by those serviced by the facility.
(7) fio septic tank shall be placed on a slope of greater than 12%. The
natural slope may not be altered in any way where the septic tank
system or part thereof is to be located. The drain lines shall be
located parellel to contour lines.
(8) In no case shall slopes with a natural slope iu excess of 45% be
developed.
U. Development shall be accomplished only in such a manner that on-site gross
soil loss levels shall not exceed five (5) tons per acre per year during
construction, but only two (2) tons per acre per year when the site is
adjacent to a water body or water course and 0.5 tons per acre per year
after construction activities are completed.
L. Development shall not substantially dimi.nsh the scientific, historical,
educational, recreational or aesthetic value of natural areas and unique
plant and animal species, and shall not substantially alter the reproductive
cycle of the species.
F. i:rosiou protection measures shall make maximum use of natural in-place veg-
etation rather than the placing of new vegetatiou on site as erosion control
facilities. The use of natural erosion control devices shall be preferred
to the maximum extent over the construction of artificai drainage devices
including culverts, holding ponds, and ditches.
G. The uevelopment shall be located in such a manner as to minimize the removal
of vegetation and alteration of the natural topography.
a. The applicant shall demonstrate that there are no feasible or prudent alter-
natives to cutting trees on the site: development shall be permitted only
in such a manner that the maximum number of trees shall be preserved. No
trees may be cut except those occupying the actual physical space in which
a structure, drive or roadway is to be erected. In the event that solar
collection is utilized, trees may be cut to allow sufficient sunlight to the
solar collectors if the applicant can demonstrate there are no feasible or
prudent alternatives. If trees are cut, the denisty of trees shall be re-
stored to that which existed before development, but in no case shall the
applicant be required to raise the density above 10 trees per acre. The
applicant shall demonstrate that all grading which takes place will be con-
ducted in a manner that preserves the root zone aeration and stability of
existing trees and provides an adequate watering area equal to at least one-
half of each tree's crown cover.
I. Development in woodlands shall not reduce the existing crown cover greater
than iU percent and shall be conducted in such a manner that the understory
and litter is preserved.
J. Fishing in a wetland shall not exceed the excess storage and nutrient
stripping capacities of the wetland based on the ultimate projected develop-
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ment of the wetland watershed. Flood storage and nutrient stripping capaci-
ties shall be calculated in accordance with Appendix B.
K. Wetlands and other water bodies shall not be used as primary sediment traps
during or after construction.
L. The proposed development will not increase the runoff rate or decrease the
natural rate of absorption of stormwater.
M. The quality of water runoff and water infiltrated to the water table or
aquifer shall be as high after development as it was before development of
the site.
N. V hen filling in a wetland, a minimum amount of filling may be allowed when
necessary but in no case shall the following restrictions on total amount of
filling be exceeded. Since the total amount of filling which can be per-
mitted is limited, the City of Maplewood, when considering permit applicat-
ions, shall consider the equal apportionment of fill opportunity to riparian
land owners.
1. Total filling shall not cause the total natural flood storage capacity
of the wetland to fall below the projected volume of runoff from the
whole developed wetland watershed generated by a 6" rainfall in 24
hours. Any increase in runoff must be detained for on-site infiltration
through the soil to the water table.
2. Total filling shall not cause the total natural nutrient stripping
capacity of the wetland to fall below the nutrient production of the
wetland watershed for its projected development.
3. Only fill free of chemical pollutants and organic wastes may be used.
0. No part of any septic tank system shall be located closer than 150 feet
from the edge of a water body or water course unless it can be shown that
no effluent will directly or indirectly reach the water body, water course
or wetland.
P. The development is consistent with the reasonable preservation of the
view of the river corridor from other properties and by the public rights-
of-way has been minimized.
Q. The grades of any streets shall not exceed 10 percent.
R. Any and all erosion control, stormwater runoff, utility access, and
similar structures shall be designed to be maintained, cleaned out, and
otherwise operated without requiring the crossing of private lands with or
the operation of motorized heavy maintenance vehicles and equipment, such as
bulldozers, trucks, and back -hoes on slopes in excess of 8 percent. As used
in this section, private lands includes any out -lots.
S. The proposed development, both vehicular and pedestrian, shall be adequate
and consistent with local transportation and thouroughfare planning.
T. The proposed development shall not lessen public access to and along the
river bluff, nor does it lessen public opportunity to view the river from
within the corridor.
U. The conduct of all grading, landscaping, structure placement, and street
routing shall be consistent with and to the maximum extent in furtherance
of the goals and policies for the development of the river corridor adopted
by the City of Maplewood on March 1, 1979.
CRITICAL AREA CROSSLJGS.
918.120. Utility Facilities. Utility crossings of the critical area corridor or
routing within the corridor shall meet the following standards:
A. Underground placing of the utility facility shall be required unless econ-
omic, technological and land characteristic factors make underground place-
ment feasible. Economic considerations alone shall not be made the major
determinant regarding feasibility.
B. Overhead crossings, if required, shall meet the followiug criteria:
(1) The crossings shall be adjacent to or part of an existing utility
corridor, including bridge or overhead utility lines.
(2) All structures utilized shall be as compatible as practicable with land
use, scenic views, and existing transmission structures in height,
material, color, and design.
(3) Right of way clearance shall be kept to a minimum.
(4) Vegetative screening shall be utilized to the maximum extent consistent
with safety requirements.
(5) Routing shall avoid unstable soils, blufflines, or high ridges, the
alteration of the natural environment, including grading shall be
minimized.
(6) The coossings be subject to the site planking requirements set forth in
Article II.
C. Utility Substations. Utility substations shall be subject to the following
standards:
(1) All substations shall be subject to the site planning requirements set
forth in Article II.
(2) New substations or refurbishment of existing substations shall be com-
patible in height, scale, building materials, landscaping and signing
with surrounding natural environment or land uses. Screening by
natural means is encouraged and should be compatible with the surrounding
environment.
D. Pipelines. Pipelines and underground utility facilities shall be subject
to the following standards:
(1) All pipelines and underground facilities shall be subject to the site
planning requirements set forth in Article 918.070.
(2) The facilities shall be located to avoid wetlands, woodlands, and areas
of unstable soils.
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(3) All underground placing of utility facilities and pipelines shall be
followed by revegetat{on and rehabilitation to the conditions which
existed on site prior to development providing the original conditions
were environmentally and aesthetically desirable.
918.130. Public and Private Roads. New roads crossing the critical area corridor
or routed within the critical area corridor shall meet the following standards:
A. Roads shall be constructed to minimize impacts on the natural terrain and
natural landscape.
B. Extreme cuts and fills are to be avoided.
C. All roads shall be subject to the site planning requirements set forth in
Article 918.070.
D. New roads shall not utilize the river corridor as a convenient right-of-way
for new arterials.
E. New roads shall be restricted to those facilities needed to access existing
and planned residential uses.
918.140. Existing Structures. Existing structures, the location, or the use of
which is inconsistent with this ordinance or the critical areas designation
order shall not be eligible for any permit granted by the City for expansion,
change of use, renewal of existing permit, or building permit, unless the
following criteria are met:
A. The applicant shall provide and maintain adequate screening of the structure
from the water through the use of natural vegetative means.
B. The public's ability to view the river and river corridor from existing
public streets shall not be further degraded by the proposed activity.
918.150. Signs.
A. All advertising signs permitted within the critical area shall conform with
the provisions of the Maplewood Sign Ordinance.
B. Views of the water from vistas and public roads shall not be impaired by
the placement of business or advertising signs.
C. All advertising signs, the location of which is not in conformance with
this section are deemed non -conforming uses and shall be removed within
three years of the effective date of this ordinance.
ON SITE SLW2R DISPOSAL.
918.160. Purpose and Intent. The following regulations are adopted to:
A. Regulate individual sewer disposal systems as to prevent contamination of
underground bodies of water, streams or other surface bodies of water.
B. Prevent individual sewer disposal systems from creating a health hazard
and/or a nuisance for the general public or for individuals.
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918.170. General Requirements.
A. Location and installation of the individual sewage disposal system and each
part thereof shall be such that, with reasonable maintenance it will function
in a sanitary manner and will not create a nuisance nor endanger the safety
of any domestic water supply. In determining a suitable location for the
system, consideration shall be given to the size and shape of the lot, slope
of natural and finished grade, soil permeability, depth of ground water,
geology, proximity to existing or future water supplies, accessibility for
maintenance, and possible expansion of the system.
B. No part of the system shall be located so that it is nearer to any water
supply, or so that surface drainage from its location may reach any domestic
water supply.
C. Raw sewage, septic tank effluent, or seepage from a soil absorption system
shall not be discharged to the ground surface, abondoned wells, or bodies
of surface water, or into any rock formation the structure of which is not
conducive to purification of water by filtration, or into any well or other
excavation in the ground. This requirement shall not apply to the disposal
of sewage in accordance with a precess approved by the State Board of Health
or the Water Pollution Control Commission.
D. Tile lot size shall be 3 acres or more to permit installation of the individ-
ual sewage disposal system in accordance with all the requirements pertaining
thereto.
R. Installation of individual sewage disposal systems shall not be made in low
swampy areas or areas which may be subject to flooding.
F. In areas with high ground -water table or where limestone or any geological
formation similarly faulty is covered by less than fifty (50) feet or earth,
the final disposal unit shall be a title field. The bottom of the trenches
shall be not less than four (4) feet above the highest known or calculated
water table or the surface of the faulty rock formation.
G. Bulldozers, trucks, or other heavy machinery shall not be driven over the
system after installation.
H. The system or systems shall be designed to receive all sewage from the
dwelling, building or other establishment served, including laundry waste
and basement floor drainage. Footing or roof drainage shall not enter any
part of the system. 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 adequate for such anticipated need shall be required.
I. The system shall consist of a building sewer, a septic tank, and a soil
absorption unit. The soil absorption unit shall consist of a sub -surface
disposal field. All sewage shall be treated in the septic tank and the
septic tank effluent shall be discharged to the disposal field. The septic
tank drain field system shall be considered the only acceptable system for
installation unless it can be demonstrated that this system is not feasible
on the aprticular lot in question and if it can be deomoustrated that the
system being proposed as an alternate will not create a pollution problem.
J. Soil absorption systems for the disposal of sewage waste shall not be in-
stalled on land where the slope exceeds twelve percent (12;�).
916.170. Maintenance Fcequirements.
A. At least once a year the owner of any septic tank or his agent shall
measure or arrange for measurement of the depth of sludge and scum in such
septic tank. 14hen, as a result of such measurement the top of the sludge
layer in the tank or any compartment of the tank is found to be less than
twelve (12) inches below the bottom of teh outlet baffle or submerged pipe,
or is the bottom of the scum layer is less than three (3) inches above the
bottom of the septic tank outlet baffle or submerged pipe, the owner or
agent shall arrange for the removal and sanitary disposal of sludge and scum
from the tank; provided that such requirement for measuring shall be waived
for any septic tank which is cleaned as indicated at least once earh calendar
year.
B. At hast once each year the owner of any system equipped with a distribution
box shall arrange for the opening of the distribution boa and the removal
of any settled solids therein. Such material shall be disposed of to the
septic tank or by other means acceptable to the City.
C. At least once between May 1 and June 30 of each year the depth of liquid
in each seepage pit shall be measured. When, as a result of such measure-
ment it is found that the liquid level in the pit is less than one foot
below the inlet, a second measurement shall be made eight (8) to twelve (12)
hours after the first measurement, during which time no liquid shall be
discharged to the seepage pit. If, as a result of the second measurement,
it is found that the liquid level in the pit has not lowered at least two
(2) feet furing the indicated period of time, an additional seepage pit or
other acceptable soil absorption system shall be provided.
D. Servicing of septic tanks and soil absorption units shall conform to the
Minnesota Department of Health and Minnesota Pollution Control Agency spec-
ifications. Disposal of sludge and scum removed from the system shall be:
(1) into a municipal sewer disposal system where practible.
(2) in the absence of a public sewer, at a disposal site approved by the
Pollution Control Agency.
(3) sludge shall not be discharged into any lake or water -course, nor upon
land without burial.
918.180. Alternative Systems.
A. Alternative methods of sewage disposal such as holding tanks, electric
or gas incinerators; biological and/or tertiary treatment plants or land
disposal systems, wherever required or allowed in particular circumstances,
shall be subject to the standards, criteria, rules and regulations of the
Minnesota Department of Health and Minnesota Pollution Control Agency, and
shall also require approval of the Ctty Council.
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Section 2. this ordinance shall take effect after its passage and publication.
Passed by the City Council
of the City of Maplewood,
IAinesota, this 1st day of
March, 1979.
Attests
Mayor b'
Ayes -5
Clerk says - 0
AFFIDAVIT OF PUBLICATION
1 f&tak of C4SSTTCf$IIiM 1
County of Ramsey J}
N • T41e Od9re Lillie being duly sworn, on oath says
............................................................A.......... 1 'p,' y,
he is and during al I the times herein stated has been the .... Aaaistaen 4.. I..4 li,5..hp .................. .
.................................................... publisher and printer of the newspaper known as Maplewood Review,
and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week.
(3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com-
munity which it purports to serve and does not wholly duplicate any other publication and is not made
up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near
the municipality which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than
three months in arrears and has entry as second-class matter in its local oost office. (5) Said newspaper
purports to serve the Village of Maplewood In the County of Ramsey and it has its known office
of issue in the Village of North St. Paul in said county, established and open during its regular
business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the publisher of said newspaper or persons in his employ and subject to his direction and
control during all such regular business hours at which said newspaper is printed. (6) Said news.
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for at least two years preceding the day or dates of publi-
cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary
of State and signed by the publisher and sworn to before a notary public stating that the newspaper is
a legal newspaper. -7 1
He further states on oath that the printed .....OTdinanCe IJO. 461
.................................................................
.............................................................. hereto attached as a part hereof was cut from the columns
of said newspaper, and was printed and published therein In the English language, once each week, tfor
One„successive weeks; that itwas first sopublished onWednesday the ..lith
day of ................................................ t��?T"�.......... of 79.79nd was thereafter printed and pub
I ished on every Wednesday to and including Wednesday the .................. day of
................................................. 19.... and that the following is a printed copy of the lowercase alphabet
from A to Z, both inclusive, and is hereby acknowledged as bei the size and kind of type used In
the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz
abedefghi jki mnopgrst uvwxyz
1 A� ..1 �7
Subscribed and sworn to before me this . .i3.. day of . April l.......//JT.IPNiR
.............. 19.1.9
Notarypublic. ................BEATRICE S.
................................�unty,innesota
Notary Public, Ramsey County, Minn.
My commission Explltas, .Commission Explver Sept. 6; -19$r 19....
public :notices
ORDINANCE NO. 461
CRITICAL AREA OVERLAY DISTRICT ORDINANCE
An Ordinance Promoting the ffeaith, Safety and
Welfare of the Citizens of Maplewood, Minnesota, by
amending the zoning ordinance, adopting new sections,
creating a Critical Area Overlay District, and creating
a Site Planning Requirement therein.
Section 1. The Zoning Code of the City of Maplewood is
amended to add Chapter 918
GENERAL PROVISIONS
918.010. findings. The City of Maplewood finds that
the Mississippi River Corridor within the Metropolitan
Area and the river is a unique and valuable local, state,
regional and national resource. The river is an essential
element in the local, regional, state and national
transportation, sewer and water, and recreational
system and serves important biological and ecological
functions. The prevention and mitigation of irreversible
damage 10 this resource and the preservation and
enhancement of its natural, aesthetic, cultural, and
historical values is in furtherance of the health, safety,
and general welfare of the City.
918.020. Purpose and Intent. It is the purpose and
intent of this ortlinance to prevent and mitigate
irreversible damage to this unique state, local, regional,
and national resource, to preserve and enhance its
value to the pubt is and protect and preserve the system
as an essential element in the city's transportation,
sewer and water, and recreational systems in ac
cordanr.e with the following policies
la) The Mississippi River Corridor shall be managed
as a multipurpose public resource by conserving the
scenic, environmental, recreational, mineral,
economic, cultural, and historic resources and functions
of the river corridor and providing for the continuation
of development of residential and open space uses
within the river corridor.
(b) The Mississippi River Corridor shall be managed
in a manner consistent with its natural characteristics
and its existing development and in accordance with
regional plans for the development of the Metropolitan
Area.
(c) The Mississippi River Corridor shall be managed
in accordance with the Critical Areas Act of 1973, the
Minnesota Environmental Policy Act of 1973, and the
Governor's critical ares designation order, Executive
Orck:r No. 130 dated November 19, 1976, and other ap
plicabie'state and federal laws.
918.030 Establishment of Critical Area Overlay
District. A critical area overlay district with its at-
tendant regulations is hereby established as part of the
zoning Ordinance of Maplewood, Minnesota. This
district shall overlay existing zoning districts, so that
any parcel of land lying in the overlay district shall also
lay in one or more of the underlying established zoning
districts Territory within the overlay district shall be
subject to the requirements established by other ap
plicable ordinances and regulations of the City of
Maplewood. Within theoveriay district, all uses shall be
permitted In accordance with the regulations for the
underlying zoning district(s) provided, however, that
such uses shall not be entitled to or issued the ap
propriate development permit until they have first
satisfied the additional requirements established in this
ordinance.
918.040. District Boundaries. This overlay ordinance
shall apply to the critical areas district which is
specially delineated on the official zoning map of the
City of Maplewood for purposes of determining the
application of this ordinance to any particular parcel of
land, the above referenced map shall be on file in the
office of the Director of Community Development and
shall be available for inspection and copying
918.051. Definitions.
1. Critical Area — the area known as the Mississippi
River Corridor Critical Area designated by the
Governor in Executive Order No. 130 dated November,
1976,
2 Crown Cover — the ration between the amount of
land shaded by the vertical projection of the branches
and foliage area of standing trees to the total area of
land, usually expressed as a percentage.
3. Dimensional Requirement — minimum and
maximum setbacks, yard requirements, or structure
height or size restriction in the Zoning Ordinance
Section
4. Erosion — the general process by which soils are
removed by flowing surface or sub surface water or
wind.
S. Gross Sell LOSS — the average annual total amount
of soil material carried from one acre of land by
erosion.
6. Lift Station — a facility, usually including pumping
facilities, for the lifting of sewage or stormwater runoff
to a higher sewage facility or stormwater runoff
facility.
7. Natural Rate of Absorption — the amount of storm
water absorbed into the soil during a storm of once in
twenty year occurence.
8. Person — any individual, firm, corporation, part
nership, association or other private or governmental
entity.
9. Pipeline — an underground line of pipe including
associated pumps, valves, control devices and other
structures utilized for conveying liquids, gases, sewage
or other finely divided solids from one Dint to another.
10. Retaining Wall — a structure utilized to hold a
slope in a position which it would not naturally remain
in
11. Sediment — suspended matter carried by water,
sewage or other liquids.
IT Septic Tank — any device for the treatment and
disposal of human waste which utilizes the percolation
of the liquid portion of the waste into the soil including
all portions of said system which are not contained
inside a building.
13. Slope — the inclination of the natural surface of the
land from the horizontal.
14. Soil — the upper layer of earth which may be dug
or plowed; the loose surface material of the earth in
which vegetation normally gorws.
15. Structure —anything manufactured, construction,
or erected which is normally attached to or positioned
on land, including portable structures.
16. Substation — any utility structure Other than lines,
pipelines, holes or towers.
17. Terrace— a relatively level area bordered on one
or more sides by a retaining wall.
18. Tree — any woody plant that has at least one trunk
whose diameter is four feet above the ground is four
inches or greater.
19. Utility Facility — physical facilities of electric,
telephone, telegraph, cable television, water, sewer,
solid waste, gas, and similar service operations.
20. Vegetation — all plant growth, especially tree,
shrubs, mosses and grasses.
21. Water Body — any lake, stream, pond, wetland, or
river.
22 Wetland — any land which is seasonably wet or
flooded including all marshes, bogs, swamps, and
floodplains.
918.060. Site Plan Contents.
A. Site plans shall be prepared to a scale appropriate
to the size of the project and suitable for the review to be
performed.
B. The following information shall be provided in the
site plan
(1) location of the property including such in
formation as the name and numbers of adjoining roads,
railroads, existing subdivisions, or other landmarks,
(2) the name and address of owner(s) or
developer(s), the section, township and range, nor
thpoint, date and scale of drawing, and number of
sheets.
(3) existing topography as indicated on a contour map
having a contour interval no greater than 2 feet per
contour; the topography map shall also clearly
delineate any bluffline, all streams, including in-
termittent streams and swales, waterbodies, statement
of water quality and a classification given to the
waterbody by the Minnesota Department of Natural
Resources and the Minnesota PCA, if any. The
topography map shall indicate the ftoodway and or
flood fringe lines.
(4) a plan delineating existing drainage of the water
setting forth in which direction the volume and at what
rate stormwater is conveyed from the site and setting
forth those areas of the site where stormwater collects
and is gradually percolated into the ground or slowly
released to stream or lake.
SITE PLANNING REQUIREMENTS.
918.070. Site Pian Required. No building permit,
zoning approval or subdivision approval permit or
certificate shall be issued for any action located in an
area covered by this ordinance until a site plan has been
prepared and approved in accordance with the
provisions of this ordinance.
918.080. Exceptions.
A. No site plan shall be required for an existing single
family dwelling nor for the extension, enlargement:
Change or alteration thereof, nor accessory structures
thereto, provided that the dwelling remains a single
family dwelling.
B. No site plan shalt be required for any use permitted
on a temporary basis for a period not to exceed two
years when such use is established without site
preparation and makes no discharge on to the site. No
extensions shall be granted beyond the two year tem
porary permit.
918.090. Site Pian Application. A written application
for site plan approval shall be filed with the Director of
Community Development containing evidence adequate
to show that the proposed use will conform to the
standards set forth in this ordinance. Three (3) sets of
clearly legible blue or blackk-tined copies or drawings
and required information shall be submitted to the
Director of Community Development and shall be ac
companied by an application fee of $30.00.
(S) a description of the soils of the site including a
map indicating soil types by areas to be disturbed as
well as a soil report prepared by a soil scientist con-
raining information on the suitability of the soils for the
type of development proposed and for the type of
sewage disposal proposed and describing any remedial
steps to be taken by the developer to render the soils
suitable. All areas proposed for grading shall be
identified by soil type, both as to soil type of existing top
soil and soil type of the new contour. The location and
extent of any erosion area shall be indicated. The
stability of rock units along bluff lines shall be included
in the soils description.
#6; •a dcFcv ition of the flora and fauna, which occupy
the site or are occasionally found thereon, setting forth
with detail those areas where unique plant or animal
species may be found on the site.
(7) a description of any features, buildings or areas
which are of historic significance.
(8) a map indicating proposed finished grading shown
at contours at the sameintervals as provided above or
as required to clearly indicate the relationship Or
proposed changes to existing topography and remaining
features.
(9) a landscape plan drawn to an appropriate scale,
including dimensions and distances and the location,
type, size and description of all existing vegetation,
clearly locating and describing any vegetation proposed
for removal and all proposed landscape materials
which will be added to the site as part of the develop-
ment.
(10) a proposed drainage plan of the deveioped site
delineating in which direction, the volume, and at what
rate stormwater will be conveyed from the site and
setting forth the areas of the site where stormwater will
be allowed to collect and gradually percolate into the
ground, or be slowly released to stream or take. The
plan shall also set forth hydraulic capacity of all
drainage structures to be constructed or existing
structures to be utilized, including volume of holding
ponds and design storm.
(111 an erosion and sedimentation control plan in
dicating the type, location, and necessary technical
information on control measures to betaken both during
and after construction including a statement expressing,
the calculated anticipated gross soil loss expressed in
tons acre year both during and after construction.
(12) the proposed size, alignment, height and intended
useof any structures to be erected or located on the site.
(13) a clear delineation of all areas which shah be
paved or surfaced including a description of the sur
facing material to be used.
(14) a description of the method to be provided for
vehicular and pedestrian access to the proposed
development and public access to the river and -or
public river view opportunities both before and after
development a description of the development's im
pact on existing views of and along the river.
(15) a description of all parking facilities to be
provided as part of the development of the site !rictuding
an analysis of parking needs generated by the proposed
development.
(16) a delineation of the area or areas to be dedicated
for public use.
(17) a delineation of the location and ar-.Wrts at
excavated soils to be stored on the site dc,rq con-
struction.
il8) any other information pertinent to the hartics,lar
project which in the opinion of the Director of Com-
munity Development or applicant is nececsar^y or
helpful for the review of the project.
(19) the Director of Community DevelopreM may
waive any of the above requirements that are rot ap
plicable.
918.100. Site Pian Approval. The Director of Com-
munity Development shall approve or deny all ap
plications, except those that would normally need ap-
proval by The City Council. If the applicant is not
satisfied with the decision of the Director of Community
Development, the decision may be appealed to the City
Council after a recommendation from the Planning
Commission.
918.110 Site Plan Approval Standards. No site plan
which fails to satisfy the following standards scall be
approved by the City Council or Director of Community
Development.
A. The applicant shall demonstrate that the proposed
development shall be planned, designed, construil i
and maintained to avoid substantial probabilities of:
(l) accelerated erosion.
(2) pollution, contamination, or siltation of water
bodies, rivers and streams.
(3) damage to vegetation.
(4) injury to wildlife habitats.
(S) increased flood potential.
(6) decreased ground water recharge.
B. The applicant shall demonstrate that the types and
densities of land use proposed shall be suited 'to the site
and soil conditions and shall not present a threat to the
maintenance of the groundwater quality, a potential
increase in maintenance cost of utilities, park ,q areas,
or roads, and shall not be subject to problems due to
soil, limitations, including, but not limited to soil
bearing strength, shrink swell potential, and excessive
frost movement.
C. No development shall be permitted on land having
a slope before alteration in excess of 12 percent unless
the applicant shall prove that the following conditions
are met:
(1) The foundation and underlying materel of any
structure, including roads, shall be adequate for the
slope condition and soil type.
(2) Adequate controls and protections exist uphill
from the proposed development such that there is no
danger of structures or roads being struck by tailing.
rock, mud, uprooted trees, or other materials.
(3) The proposed development presents no danger of
falling rock, mud, uprooted trees, or other materials to
structures downhill.
(4) The viewof the developed slope from the river and
opposite riverbank is consistent with the natural ap
pearance of the undeveloped slope, consistent with the
natural appearanceof theundeveloped slope, consistent
with any historic areas nearby, compatible with the
view from historic areas, and compatible with
surrounding architectural features. To the maximum
extent possible, the use of natural devices, including
vegetation management shall be preferred over the
construction of artificial devices, including culverts,
holding ponds, walls, am -
roadway surfaces; but including retaining walls shall
meet the following design requirements:
(a) retaining walls or terraces contours shall not
exceed five feet in height;
(b) construction materials shall be sobject to Com-
munity Design Review Board approval:
(c) the minimum space in between terraces and
retaining walls shall be twenty feet.
(6) Any lift stations required to service the slope
development with local sewer systems are designed in
accordance with local design standards and approved
by the city engineer. The applicant shall furnish a
satisfactory arrangement or agreement by which the
cost of maintenance and operation of the lift station are
borne by those serviced by the facility.
(7) No septic tank shall be placed on a slope of greater
than 12 percent. The natural slope may not be altered in
any way where the septic tank system or part thereof is
to be located. The drain lines shall be located parallel to
contour lines.
(8) In no case shall slopes with a natural slope in
excess of 45 percent be developed.
D. Development shall be accomplished only ;n sucrt a
manner that on gross soil loss levels shall not ex-
ceed live (5i tons per acre per year during construction.
but only two (2) tons per acre per year when the site is
adjacent to a water body or water course and 0.5 tons
per acre per year after construction activities are
completed. -
E. Development shall not substantially diminish the
scientific, historical, educational, recreational or
aesthetic value of natural areas and unique plant and
'animal species, and shall not substantially alter the
reproductive cycle of the species.
F. Eros,on protection measures shall make
maximum use of natural in-place vegetation rather
than the placing of new vegetation on site as erosion
control facilities. The use of natural erosion control
devices shall be preferred to the maximum extent over
the construction of artificial drainage devices including
culverts, holding ponds, and ditches.
G. The development shall be located in such a manner
as to minimize the removal of vegetation and alteration
of the naivral topography.
H. Tne applicant shall demonstrate that there are no
l feasible or prudent alternatives to cutting trees on the
site development shalt be permitted only in such a
manner that the maximum number of trees shall be
preserved. No trees may be cut except those occupying
the actual Physical space in which a structure, drive or
roadway is to be erected. In the event that solar
collection is utilized, trees may be cut to allow sufficient
sunlight to the solar collectors if the applicant can
demonstrate there are no feasible or prudent alter-
natives. if trees are cut, the density of trees shall be
restorers to That which existed before development, but
in no case shall the applicant be required to raise the
density above 10 trees per acre. The applicant shall
demonstrate that all grading which takes place will be
conducted in a manner that preserves the root zone
aWill Old stability of existing trees and prt i0m a
adequate watering area equaf t0 at least one half M
each tree's crown coves.
I. Development in woodlancls shall not reduce the
existing crown cover greater than 50 percent and snail
be conducted in such a manner that the understory and
litter is preserved.
J. Fishing in a wetland snail not exceed the excess
storage and nutrient stripping capacities of the wetland
based on ire ultimate projected development of the
wetland watershed. Flood storage and nutrient strip
PIN capacities shall be calculated in accordance with
Appendix B
K. Wetlands and Other water bodies shall not be used
as primary sediment traps during or after construction.
The proposed development will not increase the
rur%if rate or decrease the natural rate of absorption of
atormwater
M. The quality of water runoff and water infiltrated to
the water table or aquifer shall be as high after
development as it was before development of the Site.
N. When filling in a wetland, a minimum amount of
titling may be allowed when necessary but in no case
shall the following restrictions on total amount of filling
be exceeded. Since the total amount of filling which can
be permitted is limited, the City of Maplewood, when
considering permit applicationsshall consider the
equal apportionment of fill opportunity to riparian land
owners
I. Total filling shall not cause the total natural flood
storage capacity of the wetland to fall below the
Protected volume of runoff from the whole developed
wetland watershed generated by a 6" rainfall in 24
hours. Any increase in runoff must be detained for on-
site infiltration through the soil to the water table.
2. Total filling shall not cause the total natural
nutrient stripping capacity of the wetland to fail below
the nutrient production of the wetland watershed for :is
projected development.
3. Only fill free of chemical pollutants and organic
wastes may be used.
0. No part of any septic, tank system shall be located
close than 150 feet from the edge of a water body or
water course unless if can be shown that no effluent wit!
directly or indirectly reach the water body, water
course or wetland.
P. The development is consistent with the reasonable
preservationof theviewof the river corridor from other
properties and by the public rights-of-way has beer.
mirimized.
Q. The grades of any streets shall no? exceed 10
Percent
R. Any and all erosion control, stormwater runoff,
utility access, and similar structures shall be designed
to be maintained, cleaned out, and otherwise operated
without requiring the crossing of private lands with or
the operation of motorized heavy maintenance vehicles
and equipment, such as bulldozers, trucks, and back
hoes on slopes in excess of 8 percent. As used in this
section, privste lands incbedes any out.lots.
S. The proposed development, both vehicular and
pedestrian. shall be adequate and consistent with local
ransportation and thoroughfare planning.
T. The proposed development shall not lessen public
access to and along the river bluff, nor does it lessen
public opportunity to view the river from within the
corridor.
U. The conduct of all grading, landscaping, structure
placement, and street routing shall be consistent with
and to the maximum extent in furtherance of the goals
and policies for the development of the river corridor
adopted by the City of Maplewood on March 1, 1979.
CRITICAL AREA CROSSINGS.
918.120. Utility Facilities. Utility crossings of the
critical area corridor or routing within the corridor
shall meet the following standards:
A. Urderground placing of the utility facility shall be
required unless economic, technological and land
characteristic factors make underground placement
feasible. Economic considerations alone shall not be
made the major determinant regarding -feasibility.
8, Overhead crossings, if required, shall meet the
following criteria:
(1) The crossings shall be adjacent to or part of an
existing utility corridor, including bridge or overhead
utility lines.
(2) All structures utilized shall be as compatible as
practicable with land use, scenic views, and existing
transmission structures in height, material, color, and
design.
(3) Right of way clearance shall be kept to a
minimum.
(4) Vegetative screening shall be utilized to the
maximum extent consistent with safely requirements.
(5) Routing shall avoid unstable soils, blufflines, or
high ridges, the alteration of the natural environment,
including grading shall be minimized.
(6) The crossings be subject to the site planning
requirements set forth in Article 11.
C. Utility Substations. Utility substations shall be
subject to the following standards:
(1) Ail substations shall be subject to the site planning
requirements set forth in Article it.
(2) New substations or refurbishment of existing
substations shall be compatible in height, scale,
building materials, landscaping and signing with
surrounding natural environment or land uses.
Screening by natural means is encouraged and should
be compatible with the surrounding environment.
0. Pipelines. Pipelines and underground utility
facilities shall be subject to the following standards:
(1) All pipelines and underground facilities shall be
subject to the site planning requirements set forth in
Article 918.070.
(27 The facilities shall be located to avoid wetlands,
woodlands, and areas of unstable soils.
'31 All underground placing of utility facilities and
pipelines shall be followed by revegetation and
rehabilitation to the conditions which existed on site
prior to development providing the original conditions
were environmentally and aesthetically desirable.
918.130. Public and Private Roads. New roads
crossing the critical area corridor or routed within the
critical area corridor shall meet the following Stan
clards
A. Roads shall be constructed to minimize impacts on
the natural terrain and natural landscape.
B. Extreme cuts and fills are to be avoided.
C. All roads shall be subject to the site planning
requirements set forth in Article 918.070.
D. New roads shall not utilize the river corridor as a
convenient right -Of Way for new articles.
E. New roads shall be restricted to those facilities
needed to access existing and planned residential uses.
918.140. Existing Structures. Existing structures, the
location, or the use of which is inconsistent with this
ordinance or the critical areas designation order shall
not be eligible for any permit granted by the City for
expansion, changeor use, renewal of existing permit, or
building permit, unless the following criteria are met.
A. The applicant shall provide and maintain adequate
screening of the structure from the water through the
useof natural vegetative means.
B The public's ability to view the river and river
corridor from existing puolic streets shall not be further
degraded by the proposed activity.
9'8.150. Signs.
A All advertising signs permitted within the critical
area shall conform with the provisions of the
Maplewood Sign Ordinance
B. Views of the water from vistas and public roads
shall not be impaired by the placement of business or
advertising signs.
C. All advertising signs, the location of which is not in
conformance with this section are deemed non
conforming uses and shall be removed within three
years of the effective date of this ordinance.
ON SITE SEWER DISPOSAL.
918.160. Purpose and Intent. The following regulations
are adopted to.
A. Regulate individual sewer disposal systems as to
prevent contamination of underground bodies of water,
streams Or Other surface bodies of water.
B. Prevent individual sewer disposal systems from
creating a health hazard and or a nuisance for the
general public or for individuals.
918.170. General Requirements.
A. Location and installation of the individual sewage
disposal system and each part thereof shall oe such
that, with reasonable maintenance it will function in a
sanitary manner and will not create a nuisance nor
endanger the safety of any domestic water supply. In
determining a suitable location for the system, con
sideration shall be given to the size and shape of the lot,
slope of natural and finished grade, soil permeability,
depth of ground water, geology, proximity to existing or
future water supplies, accessibility for maintenance,
and possible expansion of the system.
B. No part of the system shall be located so that it is
nearer to any water supply, or so that surface drainage
from its location may reach any domestic water supply.
C. Raw sewage, septic tank effluent, or seepage from
a soil absorption system shall not be discharged to the
ground surface. abandoned wells, or bodies M surface
water, or into any rock formation the structure of which
is not conducive to Purification of water by filt:•stion, or
into any well Or Other excavation in the ground. This
requirement shall not apply to the disposal of sewage in
accordance with a process approved by the State Board
of Health or the Water Pollution Control Commission.
D. The lot size shall be 3 acres or more to permit in-
stallation of the individual sewage disposal system in
accordance with all the requirements pertaining
thereto.
E. installation of individual sewage disposal systems
shall not be made in low swampy areas or areas which
may be subject to flooding.
F. In areas with high groundwater table or where
limestone or any geological formation similarly faulty
is covered by less than fifty (50) feet of earth, the final
disposal unit shall be a title field. The bottom of the
trenches shall be not less than four (4) feet above the
highest known or calculated water table or the surface
of the faulty rock formation.
G. Bulldozers, trucks, or other heavy machinery shall!
not be driven over the system after installation.
H. The system or systems shalt be designed to receive
all sewage from the dwelling, building or other
establishment served, including laundry waste and
basement floor drainage. Footing or roof drainage shall
not enter any part of the system. 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 in
staliatlon of a system adequate for such anticipated
need shall be required
I. The system shall consist of a building sewer. a
septic tank, and a soil absorption unit. The soil ab
sorption unit shall consist of a subsurface disposal
field. All sewage shall be treated in the spetic tank and
the septic tank effluent shall be discharged to the
disposal field. The septic tank drain field system shall
be considered the only acceptable system for in.
stallation unless it can be demonstrated that this system
is not feasible on the particular lot in question and if it
can be demonstrated that the system being proposed as
an alternate will not create a pollution problem.
J. Soil absorption systems for the disposal of sewage
waste shall not be installed on land where the slope
exceeds twelve percent (11 percent).
918.170. Maintenance Requirements.
A. At least once a year the Owner of any septic tank or
his agent shall measure or arrange for measurement of
thedepth of sludge and scum in such septic tank. When,
as a result of such measurement the top of the sludge
layer in the tank or any compartment of the tank is
found t0 be less than twelve (121 inches below the bot-
tom of the outlet baffle or submerged pipe, or it the
bottom of the scum layer is less than three (3) inches
above the bottom of the septic tank outlet baffle or
submerged pipe, the owner or agent shall arrange for
the removal and sanitary disposal of sludge and scum
from the tank; provided that such requirement for
measuring shall be waived for any septic tank which is
cleaned as indicated at least once each calendar year.
B. At least once each year the owner of any system
equipped with a distribution box shall arrange for the
opening of the distribution box and the removal of any
settled solids therein. Such material shall be disposed of
to the septic tank or by other means acceprable to the
City.
C. At least once between May 1 and June 30 of each
year the depth of liquid in each seepage pit shall be
measured. When, as a result of such measurement it is
found that the liquid level in the pit is less than one toot
below the inlet, a second measurement shall be made
eight (a) to twelve (12) hours after the first
measurement, during which time no liquid shall be
discharged to the seepage pit. If, as a result of the
second measurement, it is found that the liquid level in
the pit has not lowered at least two (2) feet during the
indicated period of time, an additional seepage pit or
other acceptable soil absorption system snail be
provided.
O. Servicing of septic tanks and soil absorption units
shall conform to the Minnesota Oepartment of Health
and Minnesota Pollution Control Agency specifications.
Oisposai of sludge and scum removed from the system
shalt be:
(1) into a municipal sewer disposal system where
practibie.
(2) in the absence of a public sewer, at a disposal site
approved by the Pollution Control Agency.
(3) sludge shall not be discharged into any lake or
watercourse, nor upon land without burial.
918.180. Alternative Systems.
A. Alternative methods of sewage disposal such as
holding tanks, electric or gas incinerators, biological
and -or tertiary treatment plants or land disposal
systems, wherever required or allowed in particular
circumstances, shall be subject to the Vandards.
criteria, rules and regulations of the :Minnesota
Department of Health and Minnesota Pollution Control
Agency, and shall also require approval of the City
Council
Section 2. This ordinance shall take effect after its
passage and publication.
Passed by the City Council
of the City of Maplewood,
Minnesota, this 1st day of
March. 1979.
.s -John C Greavu
Mayor
Attest:
-s- Lucille E. Aurelius
Clerk
Ayes — 5
Nays — 0
(Review: April 11, 1979)