HomeMy WebLinkAboutOrd #298 amending code pertaining chapter 58 ORDINANCE NO. 298
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING CHAPTER 58 FOR AMENDMENTS AND TYPOS TO THE SECTION
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Sec. 58-1 shall be amended by deleting the strikethrough text and adding the
underlined text to read as follows:
Sec. 58-1. Maintenance of private property.
(a) It is the duty of the owner of every vacant property and the owner and occupant of every
occupied property toThe owner of every vacant property and the owner and occupant of
every occupied property must maintain the property in a neat, clean,.and presentable manner
free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other
public health or safety hazards from the property.
(b) The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all
grass and weeds on the property at a height of not more than Gix eight inches, except this
provision shall not apply to the following:
(1) Publicly owned parks, trails,or nature areas.
(2) Property actively being farmed or used for agricultural purposes in conformance with
chapter 78.
(3) Residential properties in excess ofover one acrcone-acre gross lot size when located in
the RR-1A, RR-1B, LR-lA,and RS rural residential zoning districts,provided that
such properties or portions of properties shall be maintained in conformance with this
subsection upon notice from the city that lack of such maintenance has caused
complaints from abutting property owners and is thereby creating a public nuisance.
(4) Wetlands vegetation as defined in chapter 78.
(5) Grass, weeds,or underbrush on any slope in excess ofover 100 percent (45 degrees).
(c) Any violation of this section is declared to be a nuisance and a public safety and welfare
hazard, and upon sevens days'written notice to the owner, as shown by the records of the
office of the county auditor, of private premises on which such material is found or any
conditions in violation of this code section exist, the city may remove such matter or correct
any conditions in violation, and certify the cost of such removals or corrections as any other
special assessment.
SECTION 2. Sec. 58-57 shall be amended by deleting the strikethrough text and adding the
underlined text to read as follows:
Sec. 58-57. Inspector.
Anytime an SSTS is installed, replaced, abandoned, altered, repaired, rejuvenated, or
extended cComplianco inspections anytime a SSTS is installed replaced, abandoned, altered,
repaired, rejuvenated, or extended for construction, replacement, alteration or repair work on
SSTS shall be conducted by the health authority.
SECTION 3. Sec. 58-63 shall be amended by deleting the strikethrough text and adding the
underlined text to read as follows:
Sec. 58-63. Requirements.
The health authority shall require a compliance inspection on the MPCA Compliance
Inspection Form of an existing system whenever:
(1) In designated Shoreland Management or Wellhead Protection Areas, an application for
any type of building or land use permit is made.
(2) The health authority deems a compliance inspection necessary, including, but not
limited to, upon receipt of information of a potential ISTS failure or Imminent Threat
to Public Health and Safety.
(3) An additional bedroom on the property is requested. If a request for an additional
bedroom is received between November 1 and April 30, the governing municipality
may issue a building permit immediately with the contingent requirement that a
compliance inspection of the existing ISTS shall be completed by the following June 1
and the applicant submits a certificate of compliance by the following September 30.
(4) Any addition or remodel of a licensed food,beverage, or lodging establishment or any
Other Establishment where the sewage treatment system's designed flow may be
effected affected.
(5) Abandonment of existing systems. Whenever the use of-a-an SSTS or any system
component is discontinued as the result of a system repair, modification, replacement,
or decommissioning following connection to a municipal or private sanitary sewer, or
condemnation or demolition of a building served by the system, further use of the
system or any system component for any purpose is prohibited. Abandonment shall be
completed in accordance with Minn. R. 7080.2500.
SECTION 4. Sec. 58-71 through 72 shall be amended by deleting the strikethrough text and
adding the underlined text to read as follows:
Sec. 58-71. Property transaction standards for individual sewage treatment systems.
(a) No owner of a tract of land upon which a dwelling is located, or a tract of land upon which a
structure which is required to have an individual sewage treatment system is located, shall
sell or transfer to another party said tract of land;unless the following requirements are met:
(1) The seller of any property having an individual sewage treatment system shall have a
state licensed inspector complete the Minnesota Pollution Control Agency(MPCA)
sewage system compliance inspection form for existing sewage systems in accordance
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with this article and Minnesota Rules chapter 7080. The exception would be a new
septic system installed within the previous five years or a compliance inspection
performed by a licensed inspector within the previous three years.
(2) The seller must provide a copy of the completed sewage system disclosure form and
the certificate of compliance or notice of noncompliance to any person who signs a
purchase agreement. The disclosure form and certificate of compliance or notice of
noncompliance inspection form must be provided to the buyer prior to signing the
purchase agreement.
(3) The licensed inspector must submit a copy of the certificate of compliance or notice of
noncompliance to the city within 15 days of the date of inspection.
(4) If the existing system is found to be noncompliant out of complaince it must be
brought into compliance prior to the transfer of the property. If the system is not
brought into compliance prior to transfer, the seller shall provide the buyer sufficient
security in the form of an escrow agreement to assure the installation of a complying
ISTS.
(5) If the seller fails to provide a certificate of compliance, the seller shall provide the
buyer sufficient security in the form of an escrow agreement to assure the installation
of a complying ISTS.
(6) The security shall be placed in an escrow with a licensed real estate closer, licensed
attorney-at-law or a federal or state chartered financial institution. The amount
escrowed shall be equal to 150 percent of a written estimate to install a complying
ISTS provided by a licensed and certified installer, or the amount shall be equal to 110
percent of the written contract price for the installation of a complying ISTS provided
by a licensed and certified installer. After a complying ISTS has been installed and a
certificate of compliance issued, the City of Orono shall provide the escrow agent a
copy of the certificate of compliance.
(Ord. No. 212 3rd series, § 1, 8-13-2018)
Sec. 58-72. Siting of an SSTS.
Notwithstanding any state or federal requirements, the separation distance from an SSTS to
a Type 3, 4, 5 or 6 wetland shall be no less than 50 feet.
(1) SSTS in flood plains. No permit shall be issued for SSTS located in a floodway and
wherever possible, location within any part of a floodplain should be avoided. If no
option exists to locate a-an SSTS outside of a floodplain, location within the flood
fringe is allowed if the requirements of Minn. R. 7080.2270 and all relevant local
requirements are met.
(2) Class V injection wells. All owners of new or replacement SSTS that are considered to
be Class V injection wells as defined in the Code of Federal Regulations, title 40, part
144, are required to submit SSTS inventory information to the United States
Environmental Protection Agency and the MPCA. Owners are also required to identify
all Class V injection wells in property transfer disclosures.
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(3) Holding tanks. Holding tanks may be'used for the following applications only after it
can be shown conclusively by the property owner that a-an SSTS permitted under this
article cannot be feasibly installed:
a. As a replacement for an existing failing SSTS;
b. For an SSTS that poses an Imminent Threat to Public Health and Safety; or
c. For use with buildings with limited water use.
(4) Determination of hydraulic loading rate and SSTS sizing.
Table IX from Minn. R. 7080.2150, subp. 3(E) entitled "Loading Rates for
Determining Bottom Absorption Area and Absorption Ratios Using Detailed Soil
Descriptions""and—Table IXa from Minn. R. 7080.2150, subp. 3(E) entitled "Loading
Rates for Determining Bottom Absorption Area" Using Percolation Tests" and herein
adopted by reference shall both be used to size SSTS infiltration areas using the larger
sizing factor of the two for SSTS design.
SECTION 5.EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage
and publication.
ADOPTED this 11 day of March, 2024 by the City Council of the City of Orono,
Minnesota.
CITY OF ORONO
By: •
Dennis Walsh, Mayor
ATTEST:
Chris me Lusian, Clerk
SUMMARY PUBLICATION
ORDINANCE NO. 298
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE UPDATING ENVIRONMENT AND SEPTIC REGULATIONS
The City Council of the City of Orono, Minnesota approved amendments to chapter 58
which include clarifying language,typos, deletion and edits pertaining to environment and
septic regulations. The complete text of this ordinance is available at city hall or
www.oronomn.gov.
CITY OF ORONO
/s/Dennis Walsh, Mayor
Attest:
/s/Christine Lusian, City Clerk