09-13-1993 Council Packet - Laserfiche WebLink

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ORDINANCE NO., SECOND SERFES W AN ORDINANCE ESTABUSIIIN(i A MORATORIUM ON THE ENFORCI' .MENT OF CITY ORDINANCES REOI^'IR*Nfi UrCJRADE OF CERTAIN NONCONFORMING SEmC 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. SECTIO.N 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 unsamrated 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 w ith 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 status within one calendar year. On February' 24. 1992, the Council adopted a new Shoreland Ordinance. The new Shoreland Ordinance required that a nonconforming sewage treatment system as defined in Section 12.30 and Uxated within the Shoreland Overlay District must be upgraded and made conforming, at a minimum, at any time a pcnnil or variance of any type is required lor 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 Shorelaiul Overlay District be determined and found noncvuifonning before issuance of a building p< rinit 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 liKation near a water body or existing density of development, must be monitored carefully to ensure continued satisfactory use of ‘'n site sewage treatment systems Hicse areas might be severely impacted by enforcement of tlie ordinances requirmg system upgrade Rie pocential desirability of providing municipal sewer sersice to these areas as an ah.nutivc. has not been studied It appears to the CiHincil that the consequences of requiring upgrade of nonconlonning septic .. .r. iK« ch.^n.ijn.1 Ovfriav DiMrici at aiiv time a huitding, permit 0 reqt»sted, may be