09-12-1994 Council Packet - Laserfiche WebLink

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r I" 1. ' i ^ • Iv' ORDINANCE NO., SECOND SERIES AN ORDINANCE TO EXTEND THE MORATORIUM ESTABLISHED IN ORDINANCES NO. 120 AND 125, SECOND SERIES ON THE ENFORCEMENT OF CITY ORDINANCES REQUIRING UPGRADE OF CERTAIN NONCONFORMING SEPTIC SYSTEMS AS DESCRIBED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. , Second Series. SECTION 1. Statement of Policy . The City Council finds that the City is presently faced with the potential of numerous applications for building permits for properties which rely on on-site sewage treatment systems for sewage disposal. Prior to February 10, 1992, such existing on-site sewage treatment systems with less than 3’ of unsaturated soil or sand between the distribution device and the limiting soil characteristics, were considered by definition as "substandard systems". Such "substandard systems" were not required by code to be upgraded when a request for a building permit for any purpose was requested. On February 10, 1992, however, the Council adopted revisions to Section 12.30, the On-site Sewage Treatment Ordinance. This new ordinance defined as "nonconforming systems", any system with less than 3’ of unsaturated soil or sand between the distribution device and the limiting soil characteristics. Further, the ordinance retained language appearing in the code since 1978 which required that systems found to be nonconforming shall be brought up to conforming stams within one calendar year. On February 24, 1992, the Council adopted a new Shoreland Ordinance. The new Shoreland Oidinance required that a nonconforming sewage treatment system as defined in Section 12.30 and located within the Shoreland Overlay District must be upgraded and made conforming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, a property. Enforcement of this ordinance requires that the conformity status of an on-site sewage treatment system within the Shoreland Overlay District be determined and found nonconforming before issuance of a building permit. The Orono Community Management Plan, or "Comprehensive Plan", identifies a number of areas in the City which are currently not provided with municipal sewer, but which because of location near a water body or existing density of development, must be monitored carefolly to ensure continued satisfactory use of on-site sewage treatment systems. These areas might be severely impacted by enforcement of the ordinances requiring system upgrade. The potential desirability of providing municipal sewer service to these areas as an alternative is currently under study. ! J