PLANNING, LAND USE,
AND BUILDING REGULATIONS WITHIN THE ORDERLY ANNEXATION AREA OF SAUK RAPIDS
TOWNSHIP
LAND USE (ZONING)
REGULATIONS
SECTION 1. PURPOSE
SECTION 2. RULES
AND DEFINITIONS.
SECTION 3.
NON-CONFORMING USES AND STRUCTURES.
SECTION 4.
ESTABLISHMENTS OF DISTRICTS.
SECTION 5. DISTRICT
BOUNDARIES.
SECTION 6.
APPLICATION OF DISTRICT REGULATIONS.
SECTION 7.
AGRICULTURAL DISTRICT, A-1.
SECTION 8. C-3
HIGHWAY BUSINESS DISTRICT
SECTION 9. OTHER
DISTRICTS.
SECTION 10. ADDITIONAL REQUIREMENTS - ALL DISTRICTS WHEN APPLICABLE.
SECTION 11.
BUILDING CODE
SECTION 12. SAUK
RAPIDS ZONING OR SUBDIVISION ORDINANCE
SECTION 13. CONDITIONAL USE PERMITS; INTERIM USE PERMITS; VARIANCES;
REZONING; APPEALS.
SECTION 14. LAND EXTRACTION
SECTION 15. ENERGY PROJECTS
SECTION 16. SUBDIVISIONS
SECTION 17.
ENFORCEMENT AND ADMINISTRATION.
APPENDIX A. INDIVIDUAL SEWAGE TREATMENT STANDARDS
APPENDIX B. FIELD WINDBREAK
APPENDIX C. FEEDLOTS/WASTE STORAGE
SECTION 1. PURPOSE
The Joint Planning Board (hereinafter “Board”)
wants to guide future land use and development so as to promote a safe,
pleasant and economical environment; to preserve certain undeveloped lands, to
provide for the wise development, and to promote the public health, safety,
order, convenience, and the general welfare; to preserve property values by
regulating the use of land, buildings, and structures, including their height,
bulk, yard areas and density. Planning,
by providing public guides to future action, enables other public and private
agencies to plan their activities in harmony with each other. This ordinance is intended to assist in
making municipal services less costly through the achievement of a more secure
tax base and orderly development. The
Board has adopted the Comprehensive Land Use Plan completed by the City of Sauk
Rapids in conjunction with the Joint Planning Board. It is the policy of the Board to develop
property within the Joint Planning Area in accord with the goals and policies
of the Comprehensive Land Use Plan. It
is the policy of the Board to prevent the Joint Planning Area from developing
without consideration of development within the City of Sauk Rapids. The policy of the Board is to discourage
development within the Joint Planning Area unless and until such property is
appropriate for annexation to and development within the City of Sauk
Rapids. It is anticipated that
annexation and development considerations will take into account the Joint
Planning Agreements of the City of Sauk Rapids and Sauk Rapids Township in an
attempt to maintain orderly and controlled development which does not conflict
with the existing development plans of the City of Sauk Rapids nor the desire
within the Township to preserve an agricultural and rural character. It is also the policy of the Board to attempt
to maintain, as much of the Joint Planning Area as rural and agricultural in
character until such time as the property is appropriate for annexation to the
City of Sauk Rapids. It is further the
policy of the Board to ensure that development does not occur within the Joint
Planning Area, which will negatively affect the City’s ability to provide
municipal services to property within the Joint Planning Area as that property
is annexed to the City.
Although a few tracts of land within the Joint
Planning Area are currently zoned for non-agricultural uses, it will be the
policy of the Board to, except in very unusual circumstances, avoid rezoning
property within the Joint Planning Area to a use other than agricultural. For those properties currently zoned for
non-agricultural uses, the Board will, if the property is in a reasonable
proximity to the City, require that the property be annexed to the City prior
to any further development of that property.
It is further the policy of the Board to discourage residential
development of the Joint Planning Area prior to such property being annexed to
the City of Sauk Rapids when municipal services will be available to service
the property. It is the policy of the
Board to allow residential building only to the extent necessary to service the
agricultural property in the Joint Planning Area.
Subd. 1. Other Regulations. It is intended by these regulations to be
consistent with and compliment other municipal controls that exist such as
Building and Fire codes, Subdivision or Flood Plain Regulations, Official Maps,
Comprehensive Plans, transportation, utility, storm water, park, capital
improvements or other plans. It is not
intended by these regulations to repeal, abrogate, annul, in any way impair, or
interfere with existing provisions or other regulations. Where these regulations impose a greater
restriction upon the use of land, buildings or structures than is imposed or
required by such other existing provisions by law, contract or deed, the
provisions of this Ordinance shall prevail and control.
Subd. 2. Purpose and Intent of
Adult Use Zoning Regulations. The
purpose and intent of the adult use regulations set forth in this ordinance is
to serve a substantial government interest by attempting to preserve the quality
of residential and retail areas, protect retail trade, curtail the depression
of property values, restrain increased criminal activity and slow the spread of
sexually transmitted diseases. In
addition, the purpose of the adult use regulations is to protect the ability of
the Joint Planning Board to protect the highly delicate transitional area
located in the Joint Planning Area and to ensure the orderly development of
areas about to be annexed into the City of Sauk Rapids. The protections to be afforded by this
Ordinance are intended to protect not only currently developed property but
also future development which is planned within the Joint Planning Area.
Adult Use
Establishments, as defined by the Zoning Ordinance, because of their very
nature, are recognized as having serious objectionable operational
characteristics that have a deleterious effect upon the use and enjoyment of
adjacent areas. These secondary effects
are especially evident where such uses are concentrated. The secondary effects associated with adult
uses include an increased level of criminal activity, increased rish of
exposure to sexually transmitted diseases, depression of property values and
significant change in the character of surrounding neighborhoods.
However, it is
recognized that such regulations cannot de facto approach prohibition. Otherwise, a protected form of expression
would vanish. The adult use regulations
set forth in the Zoning Ordinance represent a balancing of competing interests:
reduction of objectionable secondary effects through the regulation of adult
uses versus the protected rights of the owners, operators, performers and
patrons of those adult uses.
One of the
ordinance’s objectives is to disperse the adult uses through separation
requirements from another adult uses and from other significantly incompatible
uses. The ordinance allows adult uses
only in I-1, Industrial Districts in the Joint Planning Area; therefore, areas
where adult uses will be permitted are located throughout the Joint Planning
Area, the City of Sauk Rapids, Sauk Rapids Township, and Benton County and
provide opportunity or sites with good visibility and access to major streets,
roads and highways.
All Adult Use
Establishments legally existing prior to May 14, 1997 became illegal
non-conforming uses as of May 1, 1998.
Such uses are not grandfathered in unless they met the requirements of
this Ordinance.
SECTION 2. RULES AND DEFINITIONS.
Subd. 1. Rules. The language set forth in the text of this
Ordinance shall be interpreted in accordance with the following rules of
construction:
A.
The singular number
includes the plural and the plural includes the singular.
B.
The present tense includes
the past and future tenses and the future tense includes the present.
C.
The word “shall” is
mandatory, while the word “may” is permissive.
Subd. 2. Definitions. For the purpose
of this Ordinance, unless defined differently below terms and words shall be
defined by Section 10.02 of the Code of the City of Sauk Rapids and such
Section is incorporated herein by reference.
In the event words defined in this Subdivision, differ from those in
Section 10.02 of the Code of the City of Sauk Rapids this Ordinance shall
govern. In the event that neither this
Ordinance nor Section 10.02 of the Code of the City of Sauk Rapids provide the
definition of a term used in this Ordinance, the definition, if any, provided
in Benton County Code Section 3.0 shall apply and shall be incorporated herein
by reference to the extent such definition is not inconsistent with this
Ordinance and Section 10.02 of the Code of the City of Sauk Rapids. For purposes of this Ordinance, the following
definitions shall apply:
Agricultural Use: The use of land for the growing and/or production and processing for
local use of field crops, livestock and livestock products for the production
of income including but not limited to the following:
a. field crops,
including but not limited to: barley, soybeans, corn, hay, oats, potatoes, rye,
sorghum, sunflowers, and wheat and tree farming.
b. livestock,
including but not limited to: dairy and beef cattle, goats, horses, sheep,
hogs, poultry, game birds and other animals including dogs, cats, ponies, deer,
rabbits and mink.
c. livestock
products, including but not limited to: milk, butter, cheese, eggs, meat, fur,
and honey.
*The definition
includes sale of raw products, but not processing or sale of processed
goods. This definition does not include
animal feedlots, which are defined and regulated separately.
Accessory Building: A subordinate building,
structure or a portion of the main building, the use of which is incidental to
that of the main building or to the use of the premises.
Accessory Uses: A use subordinate to the
purpose for which the land is zoned.
Accessory uses may only occur in conjunction with a principal use and on
the same lot as the principal use.
Adult Arcade: An establishment
where, for any form of consideration, one or more motion picture projectors,
slide projectors, or similar machines for viewing by five or fewer persons each
are used to show films, motion pictures, video cassettes, slides, or other
photographic reproductions that are characterized by the emphasis upon the
depiction or description of specified sexual activities or specified anatomical
areas.
Adult Bookstore: An establishment that has as a substantial portion of its
stock-in-trade and offers for sale, for any form of consideration, any one or
more of the following: 1) books, magazines, periodicals, or other printed
matter, or photographs, films, motion pictures, video cassettes, slides, or
other visual representations that are characterized by an emphasis upon the
depiction or description of specified sexual activities or specified anatomical
areas; or 2) instruments, devices or paraphernalia that are designed for use in
connection with specified sexual activities.
Adult Cabaret: A nightclub, bar restaurant, or similar establishment that regularly
features live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities, or films, motion pictures,
video cassettes, slides or other photographic reproductions in which a
substantial portion of the total presentation time is devoted to the showing of
material that is characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion
pictures, video cassettes, slides, or similar photographic reproductions are
shown, and in which a substantial portion of the total presentation time is
devoted to the showing of material characterized by an emphasis on the
depiction or description of specified sexual activities or specified anatomical
areas.
Adult Theater: A theater, concert hall, auditorium, or similar establishment
characterized by (activities featuring) the exposure of specified anatomical
areas or by specified sexual activities.
Adult Use Establishments: Adult use establishments include, but are not limited to: adult
arcade adult bookstore, adult cabaret, adult motion picture theater, adult
theater, or sexual encounter establishment.
Animal Unit: Means a unit of measure used to compare
differences in the production of animal manures that employs as a standard the
amount of manure produced on a regular basis by a slaughter steer or
heifer. For purposes of this Ordinance,
the following Minnesota Statute 116.06 Subd. 4a. equivalents shall apply:
i.
over five pounds, 0.005
animal unit; or
ii.
under five pounds, 0.003
animal unit;
Building: Any structure used or intended for supporting
or sheltering any use or occupancy.
Building Height: The vertical distance from
the mean ground level at the building line and the highest point of the roof
surface on a flat roof or to the highest gable on a pitched or hip roof.
Building Line: A line measured across the
width or length of the lot at the point where the main structure is placed in
accordance with setback provisions.
Building, Principal: A non-accessory building in
which a principal use permitted in a zoning district is conducted.
City: Means the City of Sauk Rapids, Minnesota.
Day Care Facility: Any facility, public or
private, which for gain or otherwise regularly provides one (1) or more persons
with care, training or supervision on a regular basis for periods of less than
24 hours per day.
Dwelling: Any building or portion thereof, which is
designed or used exclusively for residential occupancy, but not including
hotels, motels, lodging or boarding houses.
Dwelling Unit: Any building containing
living quarters including sleeping, eating, cooking, and sanitation for a
single family.
Essential Services: Public roads, underground or
overhead gas, electrical, steam or water transmission or distribution systems;
collection, communication, supply or disposal systems including poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic
signals, hydrants or other similar equipment and accessories in conjunction
therewith; but not including buildings.
Extractive Use: The use of land for surface
or subsurface removal of sand, gravel, rock, industrial minerals, other
nonmetallic minerals, and peat not regulated under Minnesota Statutes, Sections
93.44 to 93.51.
Family: Any of the following living in a single
dwelling unit:
Farm: A parcel of land containing at least forty
(40) acres (or consisting of at least one quarter-quarter section) or two or
more abutting parcels under the same ownership having an area of forty (40)
acres or more. For the purpose of this
ordinance, abutting parcels in common ownership (which meet the above
definition of a farm) shall be considered to be only one farm and shall qualify
for only one farmstead residence (except as hereinafter provided) no matter how
many multiples of forty (40) acres or quarter-quarter sections are contained
within the abutting parcels in common ownership.
Farmstead: The buildings and adjacent service areas of a
farm, including lawns, windbreak and feedlot area.
Feedlot: A fenced land area, building, or combination
of fenced land areas and buildings intended for the confined feeding, breeding,
raising, or holding of at least ten animal units and specifically designed as a
confinement area in which manure may accumulate, or where the concentration of
animals is such that a vegetative cover cannot be maintained within the
enclosure. For purposes of these rules,
open lots used for the feeding and rearing of poultry (poultry ranges) shall be
considered feedlots. A feedlot does not
cease to be a feedlot merely because confined feeding, breeding, raising or
holding of animals is not actually taking place at a given time, however, such
areas, buildings or combinations which have not been used for confined
breeding, raising or holding of animals for a five-year period shall not be
considered a feedlot until such use resumes.
Field Windbreak: A strip or belt of trees or
shrubs more than one hundred (100) feet in length, fifty (50) feet or less in
width, adjacent to or within a field.
Full Time on the Farm: Someone employed full time
through at least three of the four seasons of the year.
Garage: An accessory building or part of the principal
building designed and used for the storage of motor vehicles owned/leased by
the occupants of the principal structure.
Garages shall only be used for vehicle, equipment storage, and to house
boats, trailers, and recreations vehicles.
Hardship: Means the property in question cannot be put
to a reasonable use under the conditions of the official controls, and the
plight of the landowner is due to circumstances unique to his/her land and not
created by the landowner(s). Economic
considerations alone shall not constitute a hardship if a reasonable use for
the property exists under terms of the official controls.
Joint Planning Area: Means the orderly annexation
areas defined in the Joint Planning Board Agreements and Resolutions adopted by
the City and the Township on or about June 1, 1987 and on or about June 23,
1997.
Kennel, Animal: A place where 3 or more of
any single type of domestic animal over 4 months of age are owned, boarded, bred,
or offered for sale.
Livestock Waste Storage Facility: A diked enclosure, pit, or
structure for temporary disposal or storage of livestock wastes.
Lot: Means a parcel of land designated by a
platted lot and block number, metes and bounds description, registered land
survey, auditor's plot, or other accepted means and separated from other
parcels or portions by said description for the purpose of sale, lease, or
separation thereof.
Lot Area: The area of a horizontal plane within the lot
lines.
Lot, Corner: The lot situated at the junction of, and
abutting on two (2) or more streets; or a lot at the point of deflection in
alignment of a single street, the interior angle of which does not exceed 135
degrees.
Lot Depth: The mean horizontal distance between the
front and rear lines of a lot.
Lot Line: A property boundary line of any tract held in
single ownership, except where such line extends into a public street or alley,
then the lot line shall be at the edge of the street or alley.
Lot Line, Front: The boundary line of a lot
abutting a street. On a corner lot, the
shortest street lot line shall be the front lot line.
Lot Line, Side: A boundary line other than
the front lot line or rear lot line.
Lot of Record: A Lot which is identified
on the date of the adoption of this Ordinance as having a separate tax parcel
identification number. (January 1, 2000)
Lot Width: The mean horizontal distance between the side
lot lines of a lot.
Nursery, Landscape: A business growing and
selling trees, flowering and decorative plants and shrubs.
Open Sales: Private land devoted to the display of goods
for sale, rent, lease or trade where such goods are not enclosed in a building
and which does not have a permanent all weather office where business is
conducted which has fixed hours of opening and closing throughout the year.
Ordinary High Water Mark: A mark delineating the
highest water level, which has been maintained for a sufficient period of time
to leave evidence upon the landscape.
The ordinary high water mark is commonly that point where the natural
vegetation changes from predominantly aquatic to predominantly terrestrial.
Permitted Use: A use lawfully established
within a particular zoning district provided it conforms to all of the
requirements and performance standards of that district.
Persons: An individual, firm, partnership, trustee,
association, corporation, or organization of any kind.
Rezoning: The changing of any parcel or parcels from
one zoning district to another through procedures established by this
Ordinance.
Right-Of-Way: Land dedicated and publicly owned, in fee or
by easement, for use as a street, alley, or walkway.
School: As used in this Ordinance, shall mean an
accredited institution for learning, providing primary or secondary
instructions.
Sensitive Resource Management: the preservation and management of areas unsuitable for development
in their natural state due to constraints such as shallow soils over
groundwater or bedrock, highly erosive or expansive soils, steep slopes,
susceptibility to flooding, or occurrence of flora or fauna in need of special
protection.
Setback: The shortest horizontal distance between any
part of the structure and the lot line.
Sewage Treatment System: A septic tank and soil
absorption system or other individual or cluster type sewage treatment system
as described and regulated in Appendix A.
Sexual Encounter Establishment: An establishment other than a hotel, motel, or similar
establishment offering public accommodations, which, for any form of
consideration, provides a place where two or more persons may congregate,
associate, or consort in connections with specified sexual activities or the
expose of specified anatomical areas.
This definition does not include an establishment where a medical
practitioner, psychologist, psychiatrist, or similar professional person
licensed by the state engages in sexual therapy.
Specified Anatomical Areas: As used herein, specified anatomical areas means and includes any of
the following: 1) less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, or female breasts below a point immediately above
the top of the areola; or 2) human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
Specified Sexual Activities: As herein, specified sexual activities means and includes any of the
following: 1) the fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts; 2) sex acts, actual or simulated,
including intercourse, oral copulation, or sodomy; 3) masturbation, actual or
simulated; or 4) excretory functions as part of or in connection with any of
the activities set forth in subdivisions 1 through 3 of this subsection.
Structural Alteration: Any change in a building or
structure affecting its supporting members, including but not limited to,
bearing walls, girders, roof, and all exterior walls. Incidental repairs such as re-roofing and re-siding
shall not be considered as structural alteration.
Structure: That which is built or constructed, an
edifice or building of any kind, or any piece of work artificially built up or
composed of parts joined together in some definite manner.
Tower: Any ground or roof mounted pole, spire, structure,
or combination thereof taller than fifteen (15) feet, including supporting
lines, cables, wires, braces, and masts, intended primarily for the purpose of
mounting an antenna, meteorological device, or similar apparatus above grade.
Use: The purpose for which land is zoned or a
building is arranged, designed, or intended, or for which land or a building is
or may be occupied or maintained.
Variance: Any modification or variation of official
controls where it is determined that, because of a hardship, strict enforcement
of the official controls is impractical.
A modification of allowable uses within a zoning district shall not be
considered a variance. (See Hardship definition
above)
Yard: An open space on a lot which is unoccupied
and unobstructed from its lowest elevation upward, except as otherwise
permitted.
Yard, Front: That portion of the yard located between the
front lot line, the side lot lines, and the front building line.
Yard, Rear: That portion of the yard located between the
rear building line, side lot lines, and the rear lot line.
Yard, Side: That portion of the yard located between the
front and rear yards and between the side building lines and side lot lines.
SECTION 3. NON-CONFORMING USES AND STRUCTURES.
Subd. 1. Intent. Within the districts
established by this Ordinance or by amendments, there exist structures and uses
of land lawful before these or preceding regulations were passed but presently
prohibited, regulated, or restricted under the terms of this Ordinance or its
future amendments; it is the intent of this Ordinance to permit the
non-conformities to continue until they are removed but not to encourage their
continuance. Such uses are declared by
this Ordinance to be incompatible with permitted structures and uses in the
districts involved. It is the further
intent of this Ordinance that non-conforming uses shall not be enlarged upon,
extended or expanded, nor be used for grounds for adding other structures for
uses prohibited in the same district.
Subd. 2. Accessory Use or Construction. The non-conforming use of land or structures
either singly or in combination shall not be extended or enlarged by the
attachment of, or erection of, any accessory buildings or structures.
Subd. 3. Non-Conforming Uses of Structures. If the use of a structure, or of a structure
and premise in combination, was lawful at the time of the adoption of this
Ordinance as enacted or amended but is not allowed under the terms of this
Ordinance as enacted or amended, the use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
A.
No existing structure
devoted to a use not permitted by this Ordinance, in the district in which it
is located, shall be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to a use
permitted in the district in which it is located.
B.
Any non-conforming use may
be extended throughout any part of a building which is specifically arranged or
designed for such purposes, but no such use shall be extended to occupy any
land outside such buildings.
C.
If no structural
alterations are made to any structure or premises involving a non-conforming
use, the use may be changed to another nonconforming use provided that the Board,
either by general rule or by making findings in the specific case, find that
the proposed use is as appropriate or more appropriate to the district. In permitting such change, the Board may
require appropriate conditions and safeguards.
D.
Any structure, or
structure and land combination, in or on which a non-conforming use is
superseded by a permitted use, shall thereafter conform to the regulations for
the district in which such structure is located, and the non-conforming use may
not thereafter be resumed.
E.
Where a non-conforming use
status applies to a structure, or structure and premise in combination, the
removal or destruction of 50% or more of the structure shall eliminate the
non-conforming status of the land and/or building, and the structure shall not
be reconstructed as a non-conforming use.
Subd. 4. Repairs and
Maintenance. On any building devoted in
whole or in part to any non-conforming use, normal maintenance may be
performed, including but not limited to, non-bearing walls, fixtures, wiring,
and plumbing. No load-bearing walls may
be replaced nor shall the cubic content of the building be increased.
Subd. 5. Non-Conforming Structures. Where a structure exists and was lawful
at the time of its construction but could not be built under the terms of this
Ordinance by reason of restrictions on area, lot coverage, height, setbacks or
other characteristics of the structure or its location on the lot, such
structure may remain and continue to be used so long as it remains otherwise
lawful, subject to the following provisions:
A.
No structure may be
enlarged or altered in a way which increases its non-conformity.
B.
Any building or structure
which is damaged by fire, collapse, explosion or act of God, may be rebuilt to
its original size and in its original location, provided however, that the
expenses of such work does not exceed 50% of the fair market value of the
building at the time such damage occurred.
C.
Any otherwise lawful
structure which is rendered nonconforming solely by reasons of a change in the
setback requirements from roads/road right-of-ways or the expansion of a public
road right-of-way through eminent domain, purchase or other permanent
governmental action may be extended, expanded, enlarged or structurally
altered; provided, that any extension, expansion or alteration shall not
encroach upon the right-of-way to any greater extent than the existing
structure and must comply with all other applicable setback restrictions and
requirements of this Ordinance.
Subd. 6. Non-Conforming Uses of Land. Where uses of land exist and were lawful at
the time of the adoption of this Ordinance as enacted or amended but are not
permitted under the terms of this Ordinance as enacted or amended, such use may
be continued so long as it remains otherwise lawful, subject to the following:
A.
No such non-conforming use
shall be enlarged or increased, nor extended to occupy a greater area of land.
B.
If any non-conforming use
of land ceases, for any reason, for a period of more than 12 consecutive
months, any subsequent use of such land shall conform to the regulations
specified by this Ordinance for the district in which such land is located.
Subd. 7. Abandonment. A non-conforming
use of a building or premises which has been abandoned shall not thereafter be
returned to such non-conforming use. A non-conforming use shall be presumed
abandoned when all or substantially all of the equipment and furnishings have
been removed from the premises and have not been replaced or the use ceases,
for any reason, for a period of more than 12 consecutive months.
Subd. 8. Uses Under Conditional Permit.
Any use for which a conditional permit has been issued as provided in
this Ordinance shall not be deemed as a non-conforming use, but shall without
further action be considered a conforming use in such district.
Subd. 9. Unsafe Structures. Nothing in
this Ordinance will prevent the strengthening or restoring to a safe condition
any portion of a building or structure declared unsafe by the Building
Inspector. The exception shall be
non-conforming buildings and structures, which shall be demolished upon
declaration of the Building Inspector that they are no longer safe for
habitation in accord with state law.
SECTION 4. ESTABLISHMENTS OF DISTRICTS.
Subd. 1. Districts. For the purpose of
this Ordinance, the Joint Planning Area is hereby divided into districts as
follows:
A. Agricultural
District.
A-1 Agricultural
B. Residential
Districts.
R-1 Single Family Residence
R-2 Two Family Residence
R-3 Multiple Family
Residence
R-4 Elderly Housing
C. Commercial
Districts.
C-1 Limited Commercial
C-2 Commercial
C-3 Highway Business
Commercial
D. Industrial
District.
I-1 Industrial
E. Shoreland
Overlay District.
F. Planned Unit
Development (PUD).
Subd. 2. Official Zoning Map. The location and boundaries of the districts
established by this Ordinance are hereby set forth on the map entitled
“Official Zoning Map” of the Sauk Rapids Joint Planning Board dated November
24, 1999. The Official Zoning Map shall be verified by the signature of the
Chair of the Board under the following words: “This is to certify that this
Official Map, referred in the Zoning Ordinance of the Sauk Rapids Joint
Planning Board.” Regardless of the
existence of the printed copies of the Official Zoning Map which may from time
to time be made or published, the Official Zoning Map, which shall be located
in the conference room of Sauk Rapids City Hall, shall be the final authority
as to the current zoning status of land and platted areas, buildings and other
structures in the Joint Planning Area.
Subd. 3. Enforcement of Official Zoning Map.
In the event that the Official Zoning Map becomes damaged, destroyed,
lost or difficult to interpret because of the nature or number of changes and
additions, the Board may by resolution adopt a new Official Zoning Map which
shall supersede the prior Official Zoning Map, but no such correction shall
have the effect of amending zoning requirements or any subsequent amendment
thereof without due process. The new Official Zoning Map shall be verified in
the same manner described in Subdivision 2 of this section of the Ordinance.
Subd. 4. Designated Zoning. All of the
lands in the Joint Planning Area are shown within the district lines on the
Official Zoning Map and are hereby zoned as indicated and shown in their
respective district boundaries on the Official Zoning Map.
Subd. 5. Zoning Map to be Part of Regulations. The Official Zoning Map
together with everything shown thereon and all amendments thereto shall be as
much a part of this Ordinance as though fully set forth and described herein.
Subd. 6. Scale of Map. The Official Zoning Map shall be at the scale of one
(1) inch on the map equals three hundred (300) feet on the ground or as set by
resolution of the Board from time to time.
Subd. 7. Maintaining and
Amending the Official Map. It shall be the responsibility of the Secretary to
maintain the Official Zoning Map. The Secretary shall make or cause to have
made any corrections or amendments to said Map after all of the procedures
outlined in this Ordinance for the making of such revisions or amendments have
been followed by the Board. Amendments
to the Official Zoning Map shall be recorded on said map within thirty (30)
days after adoption by the Board. The
Official Zoning Map shall be available for public inspection at all reasonable
times during which Sauk Rapids City Hall is customarily open.
SECTION 5. DISTRICT BOUNDARIES.
Subd. 1. Application. The boundaries of any of the established districts, as
shown on the Official Zoning Map, shall be defined as follows:
Subd. 2. Boundaries of Public Right-of-Way. Where boundaries are indicated as
approximately following the centerline of streets, alleys, or of highways, such
centerline shall be interpreted to be district boundaries.
Subd. 3. Boundaries on Shoreland.
Where the boundary of a district ending at the corporate limits of the
Orderly Annexation area follows a river, said boundary line shall be construed
to be at the jurisdictional limits of the Joint Planning Area unless otherwise
indicated.
Subd. 4. Public or Institutional Property.
Any construction, modifications, or changes to any areas shown on the
Official Zoning Map as a park, school, church, or cemetery shall be subject to
Board approval, after review of the site and building plans. Such property shall convert to A-1 zoning
after discontinuance for park, school, church, or cemetery purposes.
Subd. 5. Vacated Property. Whenever
any street, alley, or other public way is vacated, the zoning district
adjoining such vacated street, alley or public way shall be coincidentally
extended to the center of such vacated area, and all areas included therein
shall be then and henceforth subject to all regulations of the extended
district.
Subd. 6. Boundaries on Lot Lines. Boundaries
indicated as approximately following lot lines shall be interpreted as
following such lot lines.
Subd. 7. Boundaries on Joint Planning Area.
Boundaries indicated as approximately following the limits of the Joint
Planning Area shall be interpreted as following the limits of the Joint
Planning Area.
Subd. 8. Transitional Zoning (Lots in Two Districts). Where a district boundary line, as
established in this Ordinance, or as shown on the Official Zoning Map, divides
a platted lot or parcel in single ownership and of record, the use and other
requirements thereon applying to the more restricted portion of such lot shall
be considered as extending to the entire lot or parcel.
SECTION 6. APPLICATION OF DISTRICT REGULATIONS.
Subd. 1. General Application. The
regulations set by this Ordinance within each district shall be minimum
regulations and shall apply uniformly to each class or kind of structure or
land, except as hereinafter provided.
Subd. 2. Conformity of Building and Land. No building, structure, or land
shall hereafter be used or occupied, and no building, structure, or part
thereof shall hereafter be erected, constructed, reconstructed, moved, or
structurally altered unless it is in conformity with all the regulations herein
specified for the district in which it is located.
Subd. 3. Conformity of Open Spaces. No part of a yard or other space or
off-street parking or loading space required in connection with any building
for the purpose of complying with this Ordinance, shall be included as part of
a yard or open space similarly required for any other building except as
provided in Subdivision 5 of this Section.
Subd. 4. Yards and Lots. No yards or lots shall be reduced in dimension or
area below the minimum requirement set forth herein. Yards or lots created
prior to this Zoning Ordinance shall be grand fathered and allowed to
continue.
Subd. 5. Obstruction of View. On any corner lot, no wall, fence, or structure
shall be erected or altered and no hedge, shrubs, or trees maintained or
allowed to obscure the view which may cause a danger to traffic or pedestrians.
Subd. 6. Exceptions.
A.
Height limitations as set
forth in this Ordinance shall not apply to church spires, cupolas, and water
towers, unless the Board determines such construction might be dangerous or in
other ways detrimental to surrounding property.
B.
The following shall not be
considered an encroachment on setback requirements: chimneys, flues, belt courses, leaders,
sills, pilasters, lintels, cornices, eaves, steps and gutters; to the extent
that said item does not project more than three (3) feet from the structure.
Subd. 7. Building Relocation.
A.
No building shall be moved
which is declared by the Building Inspector as being unsafe or dilapidated.
B.
Each relocation of a building
having more than three hundred fifty (350) square feet shall require a permit
from the Board and all such buildings shall conform with, and be situated in, a
properly zoned area in accordance with all of the provisions of this Ordinance
and the Building Code.
Subd. 8. Conformance with Street Plan. No structure may be placed in such a
way as to interfere with the future construction of streets, roads, or alleys
as shown on the Board’s Street Plan; as such, plan exists or is adopted in the
future.
SECTION 7. AGRICULTURAL DISTRICT, A-1.
Subd. 1. Permitted Uses. The following
are permitted uses in an A-1, Agricultural District:
A.
Farming, general and
dairy, providing animal unit density is not greater than three (3) units per
acre
B.
Agricultural land uses
C.
Feedlots as permitted
under Appendix C
D.
One farmstead residence
per farm
E.
Horticultural uses such as
tree farms
F.
Nurseries\Greenhouses
(wholesale & growers)
G.
Essential services and
necessary appurtenant structures as permitted under Section 15
H.
Cemeteries
I.
Residential Program
Facilities with a licensed capacity of six (6) or fewer Persons;
Non-residential Program Facilities with a licensed capacity of twelve (12) or
fewer persons; Licensed Group Family Daycare Facilities serving fourteen (14)
or fewer children (all as provided for and limited to the extent required by
Minnesota Statutes)
J.
An existing single
dwelling which was constructed or placed as a permitted use on a farm at least
five (5) years prior to the date of an application under this subsection, may
be divided from such farm and continue as a single family dwelling as a
permitted use if it meets the following requirements:
1.
The dwelling and accessory
buildings are retained on a minimum size lot of not less than 1.5 acres,
abutting an existing public road.
2.
The lot shall have a
minimum width of two-hundred fifty (250) feet abutting a public road, and a
minimum depth of two hundred fifty (250) feet.
3.
A legal description of the
property being divided from the farm is filed with the Board Secretary prior to
recording the deed in the Benton County Recorder’s Office.
4.
Any further dwelling on
the farm or quarter-quarter section will be a conditional use, meeting the
criteria under Subd. 3 of this Section of the Ordinance.
Subd. 2. Permitted Accessory Uses:
A.
Private garages, parking
spaces, carports
B.
Decorative landscaping
features
C.
Private swimming pools and
tennis courts
D.
Temporary buildings
located for purposes of construction on the premises for a period of time not
to exceed normal, necessary construction time
E.
Roadside stands for sale
of home occupations or horticulture products, provided off-street parking is
available
F.
Signs (Subject to Section
10.16 of the City of Sauk Rapids Ordinance Code)
Subd. 3. Conditional Uses:
A.
Single family dwellings,
including earth sheltered homes and one-family manufactured homes built in
conformance with Minnesota Statutes Chapter 327.31-24 (such residences may only
be located at a density of 1 per 30 acres unless located on a Lot of
Record). In addition to meeting the
other requirements for the issuance of a conditional use permit the dwelling
must also meet the following requirements:
1.
Except for a dwelling
located on a Lot of Record, the dwelling must be located on a parcel at least
30 acres in size or on a parcel smaller than 30 acres with contiguous real
estate set aside so that the density is restricted to one dwelling per 30
acres.
2.
The set aside parcel, if
any, must, at a minimum, be (i) contiguous to the tract upon which the dwelling
will be constructed, (ii) square or rectangle in shape, (iii) of a depth of no
more than 1.5 times its width, (iv) of
a width which is no more than 1.5 times
its depth, and (v) restricted by a recorded covenant running in favor of the
Joint Planning Board (forms to be provided by the Board) indicating that no
construction may occur on the set aside parcel until such time as the property
has been annexed into the City of Sauk Rapids and until municipal services are
available to serve the property.
3.
The dwelling must be
placed in a location that will ensure that the interference with the present or
future agricultural use of the parcel(s) is limited.
4.
The dwelling must be
placed in a location that will ensure that the property is not a practical or
economic impediment to the future extension of municipal services.
B.
Offices which are
accessory to and related to a permitted use
C.
Churches
D.
Golf courses with club
houses
E.
Towers (subject to Section
10.15A of the City of Sauk Rapids Ordinance Code)
F.
Government buildings and
structures including city owned compost facilities
G.
Nurseries/Greenhouses
(retail)
H.
Historic sites and areas
I.
Kennels
J.
Land reclamation and
mining (subject to Section 14)
K.
Agricultural product (such
as seed) sales which are accessory to an existing and an ongoing farming
operation
L.
Feedlots and Manure
Storage Facilities (subject to Appendix C)
M.
Livestock waste storage
facilities (subject to Appendix C)
N.
Mini storage (self-service
storage facility)
O.
Schools (minimum parcel
size of five (5) acres with fifty (50) foot building setbacks)
P.
Small animal and restricted
livestock farming
Q.
Warehousing
R.
A dwelling which may be a
manufactured home, in addition to the one permitted farmstead residence, if
used to house persons employed full-time on the farm, and if the need for
additional help and additional housing to support and carry on the principal
use has been established. Said dwelling
must be placed on the building site on which the farmstead residence is
located.
S.
A dwelling, which may be a
manufactured home, for the farm operator; provided the property owner is
retired from the operation of the farm and continues to reside in the farmstead
residence. Said dwelling must be placed
on the building site on which the farmstead residence is located.
T.
A dwelling, which may be a
manufactured home, for a person or persons who provide supportive care to the
property owner when such care is required due to the property owner’s health,
age or infirmity. Said dwelling must be
placed on the building site on which the farmstead residence is located.
U.
Uses existing as of the date
of this Ordinance will be considered conditional uses as to the specific parcel
on which they are located as of the date of the adoption of this Ordinance, and
such uses will be treated as if a conditional use permit has already been
issued. These existing uses will,
however, require a conditional use permit before any expansion, alteration,
rebuilding, enlargement, or intensification of the use.
Subd. 4. Lot Area, Lot Width, and Yard Requirements: The following minimum requirements shall
apply to all lots:
A.
Lot Area. The minimum lot area for a “permitted”
farmstead dwelling is forty (40) acres.
The minimum lot area for a “conditional use” single family dwelling will
be determined by the septic system requirements, the need to meet the density
requirements of Subdivision 1 of this Section 7, and the need to meet the other
requirements of this Subdivision 4 (i.e. lot width, depth and setbacks). Notwithstanding anything in this paragraph to
the contrary, for purposes of the construction of a single family dwelling as a
conditional use, Lots of Record are exempt from the lot area requirements of
this paragraph; however, all other requirements of Section 7 Subdivision 4 will
be applicable.
B.
Lot Width and Depth. The minimum lot width shall be two hundred
fifty (250) feet abutting a public road and a minimum depth of not less than
two hundred fifty (250) feet for all lots upon which single-family dwellings
and farmstead dwellings will be constructed.
C.
Setbacks.
ALL STRUCTURES:
Abutting a public roadway 65
feet minimum
RESIDENTIAL STRUCTURES:
Side Yard or Rear Yard Abutting Land zoned A-1 80 feet minimum
Side Yard Abutting Land zoned R - Residential 15 feet minimum
Rear Yard Abutting Land zoned R - Residential 30 feet minimum
STRUCTURES HOUSING LIVESTOCK
Side Yard or Rear Yard 80
feet minimum
OTHER STRUCTURES:
Side Yard 15 feet minimum
Rear Yard 30 feet minimum
SETBACKS BETWEEN
SINGLE FAMILY RESIDENCES AND AGRICULTURAL STRUCTURES
No single family
non-farmstead dwelling shall be located within five hundred (500) feet of
structures located on land employed and engaged in agricultural endeavors, and
no structure located on land employed and engaged in agricultural endeavors
shall be located within five hundred (500) feet of a single family non-farmstead
dwelling.
SECTION 8. C-3 HIGHWAY BUSINESS DISTRICT
Subd. 1. Intent. The Highway Business District is intended to control the
use and development of land and improvements by creating a mixed land use
district near and adjacent to the Minnesota State Highway 23 and Highway 10
corridor in the City of Sauk Rapids and Minden Sauk Rapids
Township. This shall be done by allowing
for a mixture of land uses and by establishing stringent standards for
development. This section shall be
administered in a manner that will encourage and promote high-value development
in a manner similar to a planned unit development, taking full advantage of the
highway location. It is also the purpose
of this District that a pleasant, attractive, and aesthetically pleasing
environment be developed.
Subd. 2. Permitted Uses. The following uses are permitted:
Subd. 3. Permitted Accessory Uses. The following uses shall be permitted as an
accessory use in the Highway 23/10 Business District and subject to all the
requirements of this section:
Subd. 4. Uses by Conditional Permits. The following uses shall require a
Conditional Use Permit based on the procedures set forth in Chapter 10 of the
Sauk Rapids Zoning Ordinance:
1)
The sale of food item is
in compliance with state and county standards and subject t to the approval of
a Health Inspector who shall provide specific written sanitary requirements for
each proposed sale location.
2)
The approximate area and location
devoted to non-automotive merchandise sales shall be specified in general terms
in the application.
3)
Motor fuel facilities are
installed in accordance with state standards.
Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow adequate
access by motor fuel transports and unloading operations minimize conflict with
circulation, access, and other activities on the site.
4)
Wherever fuel pumps are to
be installed, pump island shall be installed.
5)
A protective canopy
located over the pump island(s) may be an accessory structure on the property
however adequate visibility both on and off site shall be maintained.
6)
An internal site
pedestrian circulation system shall be defined and appropriate provisions made
to protect such areas from encroachments by parked cars or moving vehicles.
Subd. 5. Conditions Applicable to All Conditional Use Permits. When
considering Conditional Use Permits, the Joint Planning Board shall use the
criteria established in Section 10.17 of the City Code. In addition, the following criteria shall
also be considered:
Subd. 6. Area, Height, Frontage, and Yard Requirements. The following minimum
requirements shall be observed on all lots:
1)
Minimum lot size shall be
0.50 acres
2)
The front yard setback
shall be 30 feet
3)
The side yard setback
shall be 15 feet
4)
The rear yard setback
shall be 25 feet
5)
The setback to an R-1 or
R-2 Residential District shall be 30 feet
6)
No yard bordering upon an
R-1 or R-2 Residential use shall be used for storage, loading, unloading or
similar activities unless the is an additional 20 feet of yard adjacent to the
lot line, properly screened by plantings, walls or fencing. The additional space must be used for green
spaces, and not parking, loading, or storage.
7)
No structure or building
shall exceed 35 feet above grade
8)
The floor-area-ratio shall
not exceed 0.40, which means that 20% of the lot area may be used for floor
areas of all building on the lot. This
number shall not include parking areas.
Subd. 7. Other Requirements.
1)
The greater of 1 parking
space for every 250 square feet of gross floor area for the first 10,000 square
feet of gross floor area, then 1 space for every 400 square feet of gross floor
area thereafter; or 1 space for every 3 restaurant seats; 1space for every 3
seats in religious institutions such as churches, chapels, temples, and
synagogues; 5 spaces for each bowling alley and; 1 spaces per motel unit or 1
spaces for every 2 employees, whichever is greater; 1 spaces for every 60
square feet of gross floor area for taverns with dance floors and for gathering
areas without seats such as dance halls.
2)
Any off-street parking
area containing 5 or more parking spaces must be screened from any adjacent
single-family home or duplex by fencing or plantings.
3)
Parking spaces shall be on
the same lot as the principal building and not located within 5 feet of any
street right-of-way or 3 feet from the adjacent property line.
4)
A parking space, as
referred to in this Chapter, shall be at least 9 feet wide by 18 feet long.
5)
All off-street parking
areas shall be provided with a concrete or asphalt surface, adequate drainage,
and, if lighting is used, it shall be directed away from adjacent family homes
or duplexes.
6)
No entrance to or exit
from a parking area shall be more than 30 feet in width, and under no
circumstances will off-street parking areas be designed so that vehicles must
back into the street or public way.
7)
No public or private
garage in a Commercial District for more than 5 motor vehicles shall have an
entrance or exit within 39 feet of a Residential District boundary line.
8)
One off-street loading and
unloading space be provided for each store unit having a gross floor area of
10,000 square feet of floor space.
SECTION 9. OTHER
DISTRICTS.
Subd. 1. That Section 10.08, R-1,
Single-Family Residence District, 10.09 R-2, Two-Family Residence District;
10.10 R-3, Multiple Family Residence District; 10.10A R-4, Elderly Housing
District; 10.12, C-1 Commercial District, 10.12, C-2, Commercial District; 10.13
I-1, Industrial Development, 10.14A Planned Unit Development of the Sauk Rapids
City Code are hereby adopted by reference as if fully stated herein as of the
date of the adoption of this Ordinance (May 28, 2008).
Subd. 2. That Section 10.10 Subd. 3 of the Sauk Rapids City Code, Uses by
Conditional Permits, J. Mobile Home Courts and Trailer Parks, is hereby
deleted.
SECTION 10. ADDITIONAL
REQUIREMENTS - ALL DISTRICTS WHEN APPLICABLE.
Subd. 1. Signs. Section 10.16 of the
City Code of Sauk Rapids, as amended from time to time, is hereby adopted by
reference.
Subd. 2. Subsurface Sewage Treatment Standards. See Appendix A.
Subd. 3. Field
Windbreak. See Appendix B.
Subd. 4. Towers. Section 10.15A of the
City Code of Sauk Rapids is hereby adopted by reference.
Subd. 5. Feedlots. See Appendix C.
Subd. 6. Adult Uses. Adult Use
Establishments with a minimum separation of 350 lineal feet from any other
Adult Use Establishment and 1,000 lineal feet from any hotel, motel, nursing
care home, housing for the elderly, day care facility, church, school, park,
and any residentially zoned property.
Adult Use Establishments shall only be allowed in I-1, Industrial
Districts.
Subd. 7. Flood Plain. Chapter 11 of the City Code of Sauk Rapids,
as amended from time to time, is hereby adopted by reference.
SECTION 11. BUILDING CODE
Subd. 1. Adopted Code. The Minnesota
State Building Code, established pursuant to Minnesota Statutes Chapter 16B.59
through 16B.73, one copy of which is on file in the office of the City Clerk
and building Inspector, is hereby adopted as the building code for the Joint
Planning Board of Sauk Rapids. Such code
is hereby incorporated in this ordinance as completely as if set out in
full. Pursuant to Minnesota Statutes
Chapter 16B.62, the state building code does not apply to agricultural
buildings except with respect to state inspections required or rule making
authorized by sections 103F.141, 216C.19, subdivision 8, and 326.244.
Subd. 2. Administration Required. The
following chapters of the code are administered by this Board:
1. 1300 Minnesota
Building Code
2. 1301 Building
Official Certification
3. 1302 State
Building Construction Approvals
4. 1305 Adoption
of the 1997 Uniform Building Code including
a. 3, Division I, Detention, and
Correctional Facilities
b. 12, Division II, Sound Transmission
Control
c. 29, Minimum Plumbing Fixtures
5. 1307 Elevators
and Related Devices
6. 1315 Adoption
of the 1996 National Electrical Code
7. 1325 Solar
Energy Systems
8. 1330 Fallout
Shelters
9. 1335 Flood
proofing Regulations
10. 1340 Facilities
for the Handicapped
11. 1346 Adoption
of the 1991 Uniform Mechanical Code
12. 1350 Manufactured
Homes
13. 1360 Prefabricated
Buildings
14. 1361 Industrialized/Modular
Buildings
15. 1365 Snow
Loads
16. 1370 Storm
Shelters
17. 4715 Minnesota
Plumbing Code
18. 7670 Minnesota
Energy Code
Subd. 3. Organization and Enforcement.
The organization of the Building Department and enforcement of the Code
shall be established by Chapter 1 of the Uniform Building Code 1997
Edition. The Code shall be enforced
within the incorporated limits of the City, and extraterritorial limits
permitted by Minnesota Statutes, 1984 and a Joint Planning Agreement with Sauk
Rapids Township.
The Building/Assessors Department shall be the
Building Code Department of the Joint Planning Board. The Administrative Authority shall be a State
Certified “Building Official”. The City
of Sauk Rapids shall provide the Building Official.
Subd. 4. Permits, Inspection, Fees, and Surcharge. Section 3.04 (b) Plan Review Fees and Table
No. 3-A are deleted.
A.
Permits, Inspection and
Fees. The method of establishing permit
fees and the amounts of the permit fees for activities encompassed by the code
are established by Board Resolutions.
B.
Surcharge. In addition to the permit fee required by (A)
above, the applicant shall pay a surcharge to be remitted to the Minnesota
Department of Administration as prescribed by Minnesota Statutes Chapter 16B.
Subd. 5. Uniform Fire Code. The
Uniform Fire Code of the State of Minnesota, Minnesota Statues 299F.011, one
copy of which is on file in the office of the City Building Inspector, is
hereby applicable within the Joint Planning Area and the Fire Chief of the City
of Sauk Rapids shall be responsible for the administration and enforcement of
the Uniform Fire Code.
SECTION 12. SAUK
RAPIDS ZONING OR SUBDIVISION ORDINANCE
Definitions.
For the purpose of this Ordinance, certain words and terms that appear
in the Zoning or Subdivision Ordinance of the City of Sauk Rapids are hereby
defined and clarified.
1. City or Municipality. The words shall also mean the geographic land
areas within the Joint Planning Area.
2. City Council. The term shall mean Joint Planning Board
members.
3. Official Zoning Map. The term shall mean the map dated November,
1998 or as amended, signed by the Chairman and Secretary of the Joint Planning
Board.
4. City Administrator. The term shall mean the city staff person
assigned to the Joint Planning Board as Secretary.
5. Planning Commission. The term shall have no meaning or use because
the Joint Planning Board acts as a planning agency.
6. Jurisdiction. See the word City.
SECTION 13. CONDITIONAL
USE PERMITS; INTERIM USE PERMITS; VARIANCES; REZONING; APPEALS.
Subd. 1. Conditional Use Permits.
A.
Conditional Use Permits
may be granted by the Board for uses designated within a district as Permitted
Conditional Uses when such uses are in harmony with both the zoning district in
which it will be located and the objectives of the Comprehensive Plan. In the granting of its approval, the Board
may impose such conditions regarding the location, character and other features
of the proposed building structure or use as it may deem advisable. A violation of any such condition is a
violation of this Chapter.
B.
The permit is subject to
time limits and periodic review. Any
violation of any condition or standard could result in automatic
termination. If not used, a Conditional
Use Permit becomes void after 180 days.
A Conditional Use Permit is issued for a use and not to or for an
individual, but may be limited in time or to certain ownership.
C.
Standards. The Board shall order the issuance of such
permit, only if they find that such use at the proposed location:
1.
Will not be detrimental
to, or endanger the public health, safety, morals, comfort, convenience, or
general welfare of the neighborhood, the Joint Planning Area or the City.
2.
Will be harmonious with
the general and applicable specific objectives of the Comprehensive Plans of
the City and the Joint Planning Board and this Ordinance.
3.
Will be designed,
constructed, operated, and maintained so as to be harmonious and appropriate in
appearance with the existing vicinity or the intended character of the general
vicinity, and will not change the essential character of that area.
4.
Will not be hazardous or
disturbing to existing or anticipated future neighboring uses.
5.
Will be served adequately
by essential public facilities and services, including streets, police and fire
protection, drainage structures, refuse disposal, water and sewer systems, and
schools; or will be served adequately by such facilities and services provided
by the persons or agencies responsible for the establishment of the proposed
use.
6.
Will not create excessive
additional requirements at public expense for public facilities and services
and will not be detrimental to the economic welfare of the community.
7.
Will not involve uses,
activities, processes, materials, equipment, and conditions of operation that
will be detrimental to any persons, property, or the general welfare because of
excessive production of traffic, noise, smoke, fumes, glare, or odors.
8.
Will have vehicular
approaches to the property which are so designed as not to create a traffic
congestion or an interference with traffic on surrounding public thoroughfares.
9.
Will not result in the
destruction, loss, or damage of a natural, scenic, or historic feature of major
importance.
10. Will conform to specific standards of this Ordinance applicable to
the particular use.
Subd. 2. Interim Use
Permits.
A. Purpose and Intent. The purpose and intent of allowing interim
uses is:
Subd. 1. To allow a
use for a brief period of time until a permanent location is obtained or while
the permanent location is under construction.
Subd. 2. To allow a
use that is presently judged acceptable by the Board, but that, with
anticipated development or redevelopment, will not be acceptable in the future.
Subd. 3. To allow a
use that otherwise may not be allowed under the zoning regulations but because
of its temporary nature may be acceptable.
B. Procedure. Interim Use Permits will be processed
according to the standards and procedures for Conditional Use Permits
established by Section Subdivision 5 of this Section.
C. General
Standards. An interim use must comply
with the following:
1.
The use must meet the
Conditional Use Permit standards set forth in Subdivision 5(B) of this Section.
2.
The use must conform to
all applicable zoning regulations.
3.
The date or event that shall
terminate the use must be identified with certainty.
4.
The use will not impose
additional unreasonable costs on the public if it is necessary for the public
to take the property in the future.
5.
The user agrees to any
conditions that the Board deems appropriate for permitting the use.
D. Additional
Conditions. In permitting an interim
use, the Board may impose, in addition to the standards and requirements
expressly specified by this Ordinance, additional conditions which the Board
considers necessary to protect the interests of the surrounding area or the
Joint Planning Area as a whole.
E. Termination. An interim use shall terminate and become
void on the first to occur of the following events:
1.
The date stated in the
permit.
2.
A violation of any
condition under which the Board issued the permit.
3.
A change in the applicable
zoning regulations, which no longer allows the use.
4.
The operator/owner or the
use changes.
5.
The permit is not utilized
for a period of one (1) year from the issuance date.
F. Revocation. The Board may
revoke the interim use permit if any of the permit’s conditions are violated.
G. Certification of
Taxes Paid. Before the Board approves an
interim use permit application, the Board may request that the applicant
provide certification that there are no delinquent property taxes, special
assessments, interest, or utility fees due upon the parcel of land to which the
interim use permit application relates.
Subd. 3. Variances. Where there are
practical difficulties or unusual hardships in the way of carrying out the
literal provisions of this Ordinance, the Board shall have the power, in a
specific case, to permit a variance from the requirements of this Ordinance. The Board shall not grant any variance unless
they find the following facts:
A.
That there are special
circumstances or conditions affecting the land or buildings.
B.
That the granting of the
variance is necessary for the preservation and enjoyment of substantial
property rights.
C.
That the variance, if
granted, will not adversely affect the health or safety of persons residing or
working in the area and will not be materially detrimental to the public
welfare or injurious to property values or improvements in the neighborhood.
D.
In granting a request for
a variance, the Board may stipulate any conditions necessary to protect the
public health, safety, or welfare.
Subd. 4. Rezoning.
An amendment to the Official Zoning Map of this
Ordinance may be initiated by the Board or a verified petition of not less than
ten (10) owners of property lying within the limits of the Joint Planning Area,
or by the owner(s) or agent acting on behalf of the owner(s) of the subject
property.
It is the policy of the Board to maintain the
Joint Planning Area as an agricultural area until such time as it is
appropriate for annexation to the City of Sauk Rapids. Non-agricultural zoning districts may
currently exist within the Joint Planning Area, however, further development
within these districts will be permitted only if immediate annexation to the
City of Sauk Rapids is not deemed appropriate and development of such property
within the Joint Planning Area is consistent with the development plans of the
Joint Planning Board, Sauk Rapids Township and the City of Sauk Rapids. The Joint Planning Area is viewed as a highly
delicate transitional area in which development will be strictly controlled and
rezonings to non-agricultural zones without immediate annexation to the City of
Sauk Rapids will be permitted only in highly unusual circumstances. In the event a property owner believes
his/her property is appropriate for development, the property owner may submit
a request to the Board for annexation and recommendation as to zoning. The Board after review of the property Owner’s
concept plan for the property will make a recommendation as to annexation. If the Board believes, annexation of the
property to the City of Sauk Rapids is appropriate the Board will also provide
the City with its recommendation as to the proper zoning of the property.
Subd. 5. Procedure for Conditional Use Permits, Variances & Rezonings.
A.
Applications for a
Conditional Use Permit, a Variance, or a Rezoning shall be accepted by the
Board upon payment of the determined fee set by Board resolution.
B.
Application for a zoning
permit shall include the following where applicable: plans drawn to scale showing the nature,
location, dimensions existing or proposed structures, fill, or storage of
materials; and the location of the foregoing in relation to roads, wetlands,
and other features as may be specified by the Building Inspector. In addition, the application must include any
other information specified on the application form or requested by the Board.
C.
Before any Conditional Use
Permit, Variance, rezoning or amendment to this Ordinance is approved or
adopted, the Board shall hold at least one public hearing thereon after a
notice of the hearing has been published in the official newspaper and mailed
to each owner of property within three hundred fifty (350) feet of the subject
property, at least ten (10) days prior to the day of hearing; such notices are
to be mailed first class to the last known address of the owners listed on an
abstractor's certificate or other appropriate land ownership records.
D.
The Board may grant or
deny the application for a Conditional Use Permit or a Variance by a majority
vote of its membership, and when denied, stating the reasons therefore. A Conditional Use Permit or a Variance, when
not used, shall expire one hundred eighty (180) days after the day of issuance
unless a written application for a renewal or a time extension is received and
granted by the Board prior to the expiration date. The Board may adopt a zoning amendment or any
part thereof in such form as it deems advisable only if 2/3 (3 of 4) of its
members concur on its passage.
Subd. 6. Appeals. The Board shall
consider the appeal of any affected person where it is alleged that there is an
error in any order, requirement, decision, or determination made by an administrative
officer in the enforcement of this Ordinance.
The decision of the Board may be appealed to the district court of this
jurisdiction as provided in Minnesota Statutes, Chapter 462.361.
SECTION 14.
LAND EXTRACTION
Subd.
1. Purpose. The purpose of this ordinance is to allow for
excavation projects within the Orderly Annexation Area in a manner that is
consistent with the transitional nature of the area. This ordinance ensures that extraction
projects are located and operated in such a manner as to minimize conflicts
with future development. This ordinance is also intended to protect the ground
water supply, which is a source of drinking water within the Orderly Annexation
Area.
Subd. 2. Conditional
Interim Use Permit Required.
A. Extractive uses
shall be a conditional interim use within the Joint Planning Area in the A-1
district, and shall only be allowed after issuance of a conditional interim use
permit.
B. All forms of
extractive use shall be subject to the provisions of this ordinance, including,
but not limited to, sand, gravel, topsoil, quarry rock, mineral, peat, humus,
sub-surface institu-leach extraction, petroleum, and any other similar uses in
which material is removed from the ground, except as follows:
1. Personal,
non-commercial use. Personal,
non-commercial extractive use by the owner of the land on which the extractive
use takes place is exempt from the permitting requirements of this ordinance,
but shall comply with the restoration standards of Section 6 within one year of
suspension of extraction activities if the extraction site is visible from a
public road.
Subd.
3. Permit Application. In addition to the general application for
interim and conditional use permits required by this Ordinance, the following
specific application information shall be provided by an applicant for an
extractive use conditional interim use permit:
A. Application information.
1.
The correct legal
description of the premises where the storage, filling, removal, or excavation
of soil, sand, aggregate or other earthen material shall occur, including any
easements.
2.
The name and
address of both the applicant and owner of the land.
3.
A written
description of the extractive use, the proposed methods for extraction and any
other on-site operations.
4.
The estimated
time required to complete the extraction.
5.
The public roads
within the Joint Planning Area upon and along which the extracted material will
be transported.
6.
Amount of truck
activity at highest and average levels.
7. Estimated annual
extraction volumes of aggregate removed over the term of the permit.
8. Projected
dewatering activity, including the proposed rate of dewatering, the cone of
depression to be formed, the draw-down effects of the dewatering, and the
methods proposed to monitor the effects of dewatering.
9. The location and
projected effect upon wildlife habitat and vegetation, including migration
corridors.
10. Projected ambient
noise levels to be experienced during peak extraction periods by adjoining
properties, showing projected decibel levels from extraction equipment and
hauling trucks.
11. Proposed dust
control measures.
12. Proposed hours of
operation.
13. Types of barriers
established if necessary for safety of people and livestock by the active area
of excavation.
14. Reclamation plans.
15. Plans for screening
from adjacent properties.
16. Plans for drainage
from the site.
17. Long range plans
for the site, including future development and reclamation.
18. Anticipated
vegetative and topographic alterations.
19. Proposed mitigation
of effects on wildlife.
20. Erosion and storm
water control plans.
21. Proposed mitigation
for any cultural and/or archaeological sites.
22. Noise abatement
plans.
23. A description of
all land uses within one mile radius of the proposed extraction site.
B. Site plan. In addition to the application information
required above, the applicant shall submit a site plan detailing the following
information:
1. A map or plat of
the proposed pit or excavation to be made showing the limits of the extraction,
together with the proposed finished elevations based on sea level readings, and
a notation indicating high water levels and boundaries of flood plains.
2. Horizontal and
vertical dimensions of the extractive site.
3. All setbacks from
roads and adjacent property lines, including the buffer areas required by
Section 5, on all sides of the operation.
4. Location, size and
use of all structures on the parcel.
5. Location of all
adjacent structures and their uses within Ľ of a mile.
6. Area of excavation
or phases of proposed excavation.
7. Extent of
vegetation within the buffer area.
8. All lakes, streams,
and wetlands on property.
9. Location of
proposed stock piles or slag piles.
10. Location of
reclamation materials.
11. Depth to saturated
soil and average water table depth.
12. All wells, both
proposed and existing, all water sources and discharge sites.
13. USGS topographical
map of the area delineating the site boundaries and access road.
C. Blasting Plan. If an extraction project
will include blasting, the applicant must submit a blasting plan detailing the
following information:
1. Proposed number of
blasts for the duration of the extraction project and the interval between such
blasts.
2. Proposed time of
blasts.
3. Notification plan
for providing nearby property owners advance warning of blasts.
4. A plan for
monitoring the vibrations from each blast, measured in inches of vibration per second
5. The anticipated
intensity of vibration to be experienced by neighboring property measured in
inches of vibration per second.
6. A plan for
conducting a test blast to demonstrate the effect of project blasting on neighboring properties.
D. DNR permit. If the applicant excavates into groundwater
or the extraction appropriates any public water, a permit must also be obtained
from the Minnesota Department of Natural Resources or other applicable
regulatory agency. A copy of the permit
shall be provided to the Joint Planning Board prior to commencing operations.
Subd.
4. Permit evaluation criteria. In addition to the general criteria for
evaluating a conditional and interim use permits in this Chapter, the following
specific criteria shall be used in evaluating an application for an extractive
conditional interim use permit:
A. The ability of
roads to handle extractive related traffic.
B. Air quality, dust
and noise control measures and ability to limit impact upon any adjacent
residential properties according to MPCA Standards.
C. Groundwater
protection.
D. Property
controlling access.
E. Control of erosion
and sedimentation.
F. Impact within the
watershed.
G. In harmony with the
Comprehensive Plan for the Joint Planning Area.
H. Compatibility with
adjacent and surrounding land use, zoning patterns and patterns of development.
Subd.
5. Required Conditions for Extractive Use
Permit.
A. Location. Extractive Use permits may only be issued in
the A-1 District.
B. Duration. All permits shall be for a specific maximum
duration, which shall not exceed five years.
C. Buffer area. A fifty foot buffer area, and additional area
as needed to maintain a 3:1 slope, shall be established between the extractive
use site and the property line of the premises containing the extractive use. No extraction project or related operations
may take place within the buffer area, except that the buffer area may contain
a haul road if the Joint Planning Board determines that site access needs to be
within the buffer area for safety reasons or to avoid wetlands.
D. Slope
Stabilization. At all times slopes shall
be stabilized, equipment shall be properly stored or removed, topsoil properly
placed and seeding established as may be required, banks rounded to conform to
the surrounding topography, with a slope of at least 3:1, and such other slope
stabilization and erosion control measures as may be required.
E. Periodic
Cessation. Permits may be conditioned
upon the periodic cessation of all or some activities for given durations of
time.
F. Access Roads. No permit shall be granted for any project,
which must use public roads to transport material where such public roads have
a bearing capacity of less than nine tons.
In addition, the specific roads that may be used to transport material
shall be identified at the time the time of the application, and once
identified, it shall be a violation of the permit for any person to depart from
the designated transport roads while operating a vehicle regularly used to
transport fill.
G. Haul Roads. Every extraction project shall maintain
interior haul roads from the nearest 9-ton road to the outside perimeter of the
excavated area. Interior haul roads
shall be treated with water or environmentally safe chemicals and shall be
properly maintained so as not to generate dust.
H. Traffic Control. The Joint Planning Board may at any time
require the installation of temporary traffic controls, may direct a cessation
of hauling activity using public roads during peak traffic hours, or direct
such other traffic safety measures to be implemented as are necessary to
enhance traffic safety.
I. Exhaust-Braking. Vehicles using access roads, whether public
or private, to and from the excavation site shall refrain from using
exhaust-braking systems, commonly referred to as “jake-braking.”
J. Dewatering Controls. Every extraction project requiring dewatering
shall include monitoring of groundwater, including neighboring wells.
1.
The applicant shall install and maintain monitoring
wells as designated by the Joint Planning Board, having electronic controls
capable of constant water level monitoring.
2.
Prior to commencing any dewatering activity, the
applicant shall conduct such baseline studies of existing private wells and
ponds as directed by the Joint Planning Board through development
agreement. Private wells within a radius
determined by the Joint Planning Board’s engineer shall be tested for water
quality prior to any dewatering activity, and shall be retested annually during
the course of the project, or more frequently at the direction of the Joint
Planning Board’s Engineer if complaints are registered that justify such
re-testing, in the sole judgment of the Joint Planning Board’s Engineer.
3.
Private well
testing shall not be required if the owner of the well refuses to allow
testing, provided that the applicant furnish satisfactory evidence to the Joint
Planning Board staff of such refusal, and subject to verification by City staff
of such refusal. In verifying such
refusal, City staff shall make at least one attempt to communicate by U.S.
mail, at least one attempt to communicate by telephone, and shall prepare a
written report to the Joint Planning Board detailing the attempts to contact
the refusing party.
4.
All extraction projects requiring dewatering shall
include as a part of the operation a plan for diverting water removed in the
dewatering process to locations where the pumped water will be able to recharge
any lowered water tables in the most expeditious manner that is practical.
K.
Muffling of Generator or Pump Noise. If the project involves the use of generators
or pumps that operate outside of the normal hours of operation, the Joint
Planning Board may require that such generators and pumps be enclosed by
structures that muffle the sound of the pumps to the point where pump noise is
not audible from nearby residences during night time hours. If such enclosures are required, they shall
be engineered to include proper insulation, and detailed plans for the housings
shall be submitted for approval by the Joint Planning Board’s engineer prior to
the time that any such pumps or generators commence operation.
L.
Additional Dust Control Measures. In addition to dust control measures on haul
roads, the applicant shall implement dust control measures within all other
areas of the project that may be conducive to the creation of dust. Such measures shall be as directed by the
Joint Planning Board’s Engineer from time to time, and may include, without
limitation, the following:
1.
Watering of exposed areas;
2.
The placement of straw, sod or other cover material on exposed areas;
3.
Restrictions on the size and location of stockpiles of
material awaiting transport;
4.
Covering stockpiles of material awaiting transport.
5.
Creating seeded berms with material eventually
intended for use in restoration work.
M. Blasting. If the project involves
blasting, the applicant shall implement measures to minimize the impacts to
nearby properties. Such measures shall include the following:
1. The applicant must
provide written notification to every property owner within ˝ mile of the
extraction project at least 24 hours in advance of blasting.
2. The applicant must
immediately notify the City if any vibration measurement exceeds 0.75 inches of
vibration per second for neighboring properties.
3. Blasting may not
occur on more than 10 days in any 12 month period, with no more than one blast
per day, unless authorized by the Joint Planning Board. Additional blasts may
be authorized in the first year of operation in order to construct a road to
the pit floor.
4. The Board may
require the applicant to conduct a test blast before the permit is valid. If
the test blasting illustrates additional concerns not already addressed, the
Joint Planning Board may add additional conditions that relate to the new
concerns, or prohibit further blasting on the project.
N. Payment of Costs. The applicant shall be responsible for the
payment of all of the Joint Planning Board and City costs associated with
reviewing any application, in monitoring compliance, and in enforcing any
conditions of a permit issued under this ordinance, including but not limited
to attorney and engineer fees.
O. Sureties. The Joint Planning Board shall require
financial guarantees for the prompt completion of each project, for road repair
costs, well replacement and other hydrologic damage, restoration costs in the
event of revocation of the permit or abandonment, and general performance and
indemnity of the Joint Planning Board.
P. Hours.
The Joint Planning Board shall
regulate time of operation, including different phases of operation, but
shall not permit any construction activity (except pumping) or hauling outside
of the hours of 7 am to 7 pm on Monday through Friday, excluding holidays that
fall on those days. The Joint Planning
Board may allow construction activity and hauling between the hours of 8am and
5pm on Saturdays, subject to the right of the Joint Planning Board to alter or
eliminate Saturday work in its sole discretion.
The Joint Planning Board may restrict blasting hours more than ordinary
hours of operation. The time restriction applies to the practice of trucks
queuing and/or waiting either at or near the entrance gate or on the grounds of
the project prior to the start time each morning, or running vehicle engines in
any form on or near the grounds after the finishing time each evening.
Q. Size.
The Joint Planning Board may limit the amount of the land area, setback,
depth, and slope ratios.
R. Security. The Joint Planning Board may require the
construction of security fencing or other devices for public safety.
S. Noise Control. The Joint Planning Board may regulate the
volume of noise and require additional noise abatement measures where
appropriate.
T. Studies. Prior to completing the approval process, the
Joint Planning Board may engage professional consultants, at applicant’s
expense, to give recommendations as to conditions to be attached to a given
permit.
U. Deposit.
The Joint Planning Board may require an advance cash deposit sufficient
to defray the Joint Planning Board’s review and monitoring costs in
administering the permit.
Subd.
6. Reclamation Plan. Before any permit is granted, the applicant
must submit a reclamation plan for approval by the Joint Planning Board. The plan shall meet the following minimum
reclamation standards:
A. Reclamation of the
site shall be completed within one year of ceasing operations. All buildings, structures, and plants
incidental to such operation shall be dismantled and removed by, and at the
expense of the applicant.
B. The peaks and
depressions of the area shall be graded and backfilled to a surface which will
result in a topography in generally substantial conformity to the land area
immediately surrounding, and which will minimize erosion due to rainfall. No finished slope shall exceed a 3:1 slope
ratio.
C. Reclaimed areas
shall be surfaced with soil of a quality at least equal to the topsoil of land
areas immediately surrounding, and to be seeded with compatible non-invasive
plants.
Subd.
7. Public Hearing. Prior to acting on any request for permit, a
public hearing shall be conducted by the Joint Planning Board.
A. Notice of the
public hearing shall be published in the same manner as for notices of zoning
amendments, with notice given to all owners of lands which abut the parcel or
parcels upon which the excavation activity is to occur, as well as to the
owners of all occupied structures within one thousand five hundred feet of the
property line perimeter of the parcel or parcels of land upon which the
excavation activity is to occur.
B. Notice of the
public hearing shall also be given to all residences that abut the access roads
to be used for the project within a distance of one mile from the outside
perimeter of the parcel or parcels upon which the extraction project is to
occur. Extraction project includes the
actual extraction pit, all haul roads, storage areas, equipment staging areas,
pump locations, and parking areas for cars or construction offices.
Subd.
8. Denial of Permit. The Joint Planning Board may deny the
issuance of a permit if, following submission of the appropriate data, the
Joint Planning Board finds that the proposed project:
a. Poses a significant threat of adverse
environmental impact;
b. Creates potential traffic safety
hazards;
c. Cannot meet the conditions of permit
approval; or
d. Is fundamentally incompatible with nearby
land uses.
Subd. 9. Variances. Except for public hearing
requirement in Section 7, the Joint Planning Board shall retain the right to
grant variances from the strict enforcement of the terms and conditions of this
section for good cause shown, including, without limitation, for any of the
following reasons:
a. Existing drainage conditions on or near the
proposed project are in need of correction for the benefit of public health,
safety or welfare;
b. The proposed project is in a location having
a substantial spatial separation from nearby active land uses;
c. The scope of the proposed project is
otherwise sufficiently limited in size, duration, and impact on surrounding
property to justify the granting of a variance.
SECTION 15.
ENERGY PROJECTS
A.
Energy Project: electric generation projects, subsidiary
stations of electricity generation, transmission line, and distribution systems
where voltage is transformed from high to low or the reverse using
transformers, thermal power or combustion turbine electric generation projects,
wind or solar electric generating projects, geothermal electric generating
projects, and electric transmission and distribution lines.
B.
Transmission Line: an overhead or underground facility
consisting of utility poles, lines, underground conduit, and/or related devices
used to carry electricity generally to a location other than the ultimate user,
with a nominal voltage greater than 35 kilovolts.
A.
Pre-Application
Meeting. Before submitting an
application for an Energy Project conditional use permit, the applicant must
schedule a pre-application meeting with staff.
The meeting may also include affected adjacent landowners. At the pre-application meeting, the applicant
will provide:
1.
Documentation
demonstrating the need and purpose for such a facility so that alternatives to
the facility can be adequately assessed;
2.
All site location
alternatives considered by the applicant, providing at least two (2);
3.
Designation of the
preferred location; and
4.
A “no-build” alternative
that discusses measures that could be taken in an attempt to meet the
documented need without construction of the facility.
5.
Designation of the
applicant's preferred location.
B.
Expert Report. The Board may retain an independent technical
expert, to be paid for by the applicant, to assist the Board in reviewing the
proposed Energy Project. Staff will conduct
an analysis of the alternatives to the proposed Energy Project and shall
present a report to the Board. The Board
shall narrow the alternatives to two (2), which may include the applicant’s
preferred location.
C.
General Application Requirements. The applicant shall submit an application for
a conditional use permit which must include the following information for each
alternative selected by the Board as well as the applicant’s preferred
location, if it is not one of those selected by the Board:
1.
Project costs;
2.
Proof that the applicant
has acquired a sufficient interest in the property proposed for the Energy
Project;
3.
Amount of vegetation that
would be removed or damaged;
4.
Depictions of the views of
the proposed facility, if above ground, from four directions;
5.
Projected ambient noise
levels and maximum noise levels that will be experienced by adjacent
properties;
6.
The potential for
interference with telephones and other electronic devices, including medical
devices;
7.
For an electrical
transmission line or substation, a summary of current research regarding the
health effects of Electronic and Magnetic Fields (“EMF”) levels, conducted by
health and scientific professionals, including those who do and do not receive
utility sponsorship;
8.
For an electrical transmission
line or substation, EMF levels under maximum and average anticipated loading at
the base of the utility poles, underneath the wires between the poles, at
ground level above underground wires, at the edge of the property line, at the
edge of the closest habitable building, and at the point above ground where
there would be the greatest EMF level; and
9.
For an electrical
transmission line or substation, reasonable and prudent measures to minimize
EMF levels along all alternative routes.
D.
Transmission Line
Requirements. For an electrical transmission line, the applicant must comply
with the following unless the applicant shows that this is not reasonable or
prudent:
1.
The routes must be on or
along corridors presently used for public roads, public trails, railroads, or
aboveground utilities, or on corridors which were previously used for such
purposes and which are being retained for future public or utility purposes.
2.
Arterial or collector
streets must be used instead of local roadways, except that local roadways may
be used where aboveground electrical lines already exist.
3.
Platted utility easements
in residential zones, which do not abut public roads, or roadway easements may
not be used, unless the lines are placed underground.
B.
Selection of
Alternative. The Board will select an
alternative by a majority vote of the members present.
C.
Conditions of
Approval. The Board may impose
reasonable conditions as part of the approval to protect adjacent property or
people. In addition to the general
criteria for evaluating a conditional use permits in Ordinance 13, the
following specific criteria shall be used in evaluating the application:
1.
The potential adverse
aesthetic, economic, environmental, social, health, and/or safety impacts on
adjacent properties or people;
2.
The proximity to existing
residential districts and future residential districts according to the
Comprehensive Plan;
3.
The location of the facility
on the property;
4.
The location of the access
to the facility from public right of way;
5.
The installation of all
electrical transmission lines underground, to the maximum extent that may be
required by Minnesota law;
6.
The storage of equipment,
vehicles, and spare parts in an approved storage building;
7.
The potential interference
with public use of public property;
8.
The applicant's need to
adequately and reliably serve customers within the relevant service area now and in the
foreseeable future,
9.
Project costs.
10. The potential impact on drainage and the necessity of a drainage
plan.
D.
Unfeasible
Alternatives. If, after the board has
selected an alternative, the applicant believes that it cannot use the
alternative because of a reason that was beyond its own control and not
apparent during the selection process, the applicant may notify the Board in
writing and request the selection of a different alternative. The Board may select a different alternative
if it finds that the applicant is prevented from the using the selected
location.
E.
Site Plan. After receiving the conditional use permit
and before beginning construction, the applicant must apply for site plan
approval. The site plan may be
considered at the same meeting as the conditional use permit application. Only
the site plan for the selected location will be considered. The site plan must comply with the following:
1.
The site plan must include
a landscape plan prepared by a registered landscape architect. Plant material selection will take into
consideration disease and insect resistance, hardiness to the area, the ability
to provide seasonal interest and future maintenance considerations. Native species are preferred. Invasive species as identified by the
Minnesota Department of Natural Resources are prohibited.
a.
The plan must be designed
to mitigate the amount of trees removed for the facility and must minimize the
visual impact on abutting properties caused by the facility.
b.
The applicant must install
and maintain the landscaping in compliance with code provisions and the plan as
approved by the Board.
c.
With the concurrence of
the abutting property owner, the landscape plan may include plantings on
abutting property. In that case, the
applicant will be responsible for installation, and the abutting property owner
will be responsible for the maintenance of the landscaping. A signed easement, which memorializes such an
agreement, must be provided.
2.
The facility must be
designed to minimize the visual impact of the facility.
a.
The applicant must submit
configuration, material, and color options that are technically feasible.
b.
The Board may require the
applicant to design the facility in a manner that reduces the visual impact of
the project, including regulating the height and spacing of utility poles.
c.
Utility poles may not
exceed 80 feet in height, except when needed to cross a major roadway such as a
highway.
d.
The Board may require the
applicant to install screening of the facility to minimize the visual impact to
neighboring properties and public right of way.
C. The facility must not
interfere with the use of public right-of-way, including use for vehicular and
pedestrian travel, snow storage, and lateral support.
Subd. 7. Severability and Savings Clause. If any section or portion of this ordinance
is found to be unconstitutional or otherwise invalid or unenforceable, that
finding shall not effect the validity and enforceability of any other section
or provision of this ordinance. The
remaining provisions shall be considered severable, and shall be given effect
to the maximum extent possible.
SECTION 16.
SUBDIVISIONS
It is the purpose and intent of the Board to
regulate subdivisions of land in a manner so as to protect the integrity of the
transitional nature of the property located in the Joint Planning Area. Such protection requires that any platting or
development of property be completed after the property has been annexed to the
City of Sauk Rapids except in those rare circumstances where the Board determines
a subdivision of land will not harm the continued vitality of the Joint
Planning Area as a rural area which will not be further developed until such
time as the Board determines the property is appropriate for annexation to the
City of Sauk Rapids. In said rare
circumstances and after the Board has determined that platting prior to
annexation is advisable, the Board shall apply the same standards as would be
applied by the City of Sauk Rapids; therefore, Chapter 12 of the City Code of
Sauk Rapids is hereby adopted by reference.
SECTION 17. ENFORCEMENT
AND ADMINISTRATION.
Subd. 1. Enforcement and Penalties.
A.
This Ordinance shall be
administered by the Board and enforced by the Police Department. In carrying out this general authority, the
Sauk Rapids City Administrator shall:
1.
Cause inspections of
buildings and the use of land to determine compliance with the terms of this
Ordinance.
2.
Maintain permanent and
current records pertaining to this Ordinance, including, but not limited to,
maps, amendments, conditional uses, variances, appeals, and applications therefore.
3.
Receive, file, and forward
applications for rezoning, variances, conditional use permits, or other action
to the appropriate official bodies.
4.
Provide clerical and
technical assistance to the Board.
5.
Make recommendations to
the Board on the institution of appropriate actions or proceedings for
enforcement of this Ordinance, on amendments, and on any other matters relating
to the administration of this Ordinance.
B.
The Building Inspector
shall require that the application for a building permit and the accompanying
site plan for all construction contain all of the information necessary to
enable him to determine whether the proposed structure complies with the
provisions of this Ordinance. No building
permit shall be issued for the construction, structural alteration, or moving
of a structure until the Building Inspector has verified that the proposed
building or alteration complies with all the provisions of this Ordinance and
other applicable regulations.
C.
The Police Department, as
the enforcing agency of this Ordinance, shall have all the powers, duties, and
responsibilities necessary to enforce the provisions of this Ordinance and to
issue such directives as may be necessary to carry out the intent thereof.
Any persons, firm,
or corporation, who violates, abuses, neglects, refuses to comply, or who
resists the enforcement of any provision of this Ordinance, shall be guilty of
a misdemeanor, which shall be punishable by a fine not exceeding $700.00 or
ninety (90) days imprisonment for each offense, plus the cost of prosecution in
either case. Each day that a violation
continues to exist will constitute a separate offense.
Subd. 2. Validity. If any section,
paragraph, subsection, clause or provision of this Ordinance shall be declared
by a court of competent jurisdiction to be invalid, such decision shall not
affect the validity of this Ordinance as a whole nor any of the parts not
invalidated.
APPENDIX A. 9.6 SUBSURFACE SEWAGE TREATMENT SYSTEMS (SSTS)
(Ord.
#432, effective 1/2/09)
9.6.1 PURPOSE,
OBJECTIVE AND AUTHORITY
A. Purpose
The
purpose of this ordinance is to establish minimum requirements for regulation
of individual sewage treatment systems (ISTS) and mid-size subsurface sewage
treatment systems (MSTS) collectively referred to as subsurface sewage
treatment systems (SSTS) for the treatment and dispersal of sewage within the
applicable jurisdiction of the County to protect public health and safety,
groundwater quality, and prevent or eliminate the development of public
nuisances. It is intended to serve the
best interests of the county’s citizens by protecting its health, safety,
general welfare, and natural resources.
B. Objectives
1. The protection of lakes, rivers and
streams, wetlands, and groundwater in Benton County is essential to the
promotion of public health, safety, welfare, socioeconomic growth and
development of the County.
2. Given the extensive resources and
numerous supplies of surface water and groundwater and their susceptibility to
contamination, the regulation of proper SSTS construction, reconstruction,
repair and maintenance is necessary to prevent the entry and migration of
contaminants, thereby protecting the degradation of surface water and
groundwater quality.
3. The establishment of minimum standards
for SSTS placement, design, construction, reconstruction, repair and
maintenance is necessary to prevent contamination and, if contamination is
discovered, the identification and control of its consequences and the abatement
of its source and migration.
4. The appropriate utilization of privy
vaults and other non-water carried sewage collection and storage facilities.
5. The provision of technical assistance
and education, plan review, inspections, SSTS surveys and compliance
investigations to prevent and control water-borne diseases, lake degradation,
groundwater related hazards, and public nuisance conditions.
C. Authority
This
Ordinance is adopted pursuant to Minnesota Statute§ 115.55; Minnesota
Statute §§145A.01 through 145A.08;
Minnesota Statute §375.51; or successor statutes, and MN. Rule Ch. 7080, Ch.
7081, Ch.7082; Ch. 7083; or successor rules.
9.6.2 GENERAL
PROVISIONS
A. Scope
This
Ordinance regulates the siting, design, installation, alterations, operation,
maintenance, monitoring, and management of all SSTS within the County’s
applicable jurisdiction including but not necessarily limited to individual
SSTS and cluster or community SSTS, privy vaults, and other non-water carried
SSTS. All sewage generated in unsewered
areas of the County shall be treated and dispersed by an approved SSTS that is
sited, designed, installed, operated, and maintained in accordance with the
provisions of this Ordinance or by a system that has been permitted by the
Minnesota Pollution Control Agency (PCA).
B. Jurisdiction
The
jurisdiction of this Ordinance shall include all lands of the County except for
incorporated areas or areas under an annexation or joint powers agreement that
administer a Subsurface Sewage Treatment System (SSTS) program by Ordinance
within their jurisdiction, which is at least as strict as this Ordinance and
has been approved by the County. The
County Department of Development shall keep a current list of local
jurisdictions within the County administering a SSTS program.
C. County
Administration
The
Department of Development shall administer the SSTS program and all provisions
of this Ordinance. At appropriate times,
the County shall review this and revise and update this Ordinance as necessary.
The County shall employ or retain under
contract qualified and appropriately licensed professionals to administer and
operate the SSTS program. The Department
shall have the following duties and responsibilities:
1. To review all SSTS applications;
2. To
issue all permits required by this Ordinance;
3. To inspect work in progress and to
perform the necessary tests to determine its conformance with this Ordinance
4. To investigate complaints regarding SSTS
and septage disposal;
5. To issue cease and desist orders and
notices of violation, pursuant to this Ordinance;
6. To maintain proper records for SSTS and
septage disposal including site evaluation records, design records including
calculations and summaries for all system component sizing and as-builts.
7. To submit annual reports to the PCA to
demonstrate enforcement of the local Ordinance per Minn.. R. 7082.0040, subp.
5.
8. Provide programs by the
Department and/or others to increase public awareness and knowledge of
SSTS. Programs may include distribution
of educational materials through various forms of media and SSTS workshops
focusing on SSTS planning, construction, operation, maintenance, and
management.
D. State of
Minnesota
1. Where a single SSTS or group of SSTS
under single ownership within one-half mile of each other, have a design flow
greater than 10,000 gallons per day for a consecutive seven-day period, the
owner or owners shall make application for and obtain a State Disposal System
(SDS) permit from PCA.
2. SSTS serving establishments or
facilities licensed or otherwise regulated by the State shall conform to the
requirements of this Ordinance including, but not limited to, campgrounds,
resorts, mobile home parks, and eating and drinking establishments.
3. For dwellings including apartments,
townhouses, 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 SDS permit.
4. Any SSTS requiring approval by the
State of Minnesota shall also comply with this Ordinance.
5. Plans and specifications must receive
appropriate state and local approval before construction is initiated.
E. Plumbing
Code Administration
1. The plumbing code shall be administered
by the local building code official as it relates to the hook-up of the water
using device to the septic tank or system.
2. Verification that the septic system
hook-up is compliant with the plumbing code shall be provided by the building
code official prior to issuance of a certificate of compliance.
9.6.3 GENERAL
REQUIREMENTS
A. Standards
Adopted by Reference
The
County hereby adopts by this reference Minn. R. Chs. 7080 through 7083 in their
entirety as now constituted and from time to time amended. This adoption does not supersede the County’s
right or ability to adopt local standards that are in compliance with Minn.
Stat. §115.55, subd. 7.
B. Retroactivity
Except
as explicitly set forth in Sect. 9.6.3 paragraph C below, all provisions of this
Ordinance shall apply to any SSTS regardless of the date it was originally
permitted.
C. Existing
Permits
Unexpired
permits which were issued prior to the effective date shall remain valid under
the terms and conditions of the original permit until the original permit
expiration date.
D. Existing
SSTS without Permits
Existing
SSTS, including those with no permits of record, shall require a permit for new
construction/replacement and the portion being replaced or upgraded shall be
brought into compliance with the requirements of this Ordinance regardless of
the date they were originally constructed.
The portion of the SSTS that is not being replaced or upgraded is not
required to be brought into compliance with this Ordinance unless it is failing
or in the opinion of the designer is required to be upgraded.
E. Sewerability
Requirements
All
newly created lots, vacant lots and/or vacant lot of records shall have a
minimum of two Type I septic sites or two Type II septic sites if the site has
rapidly permeable soils types 1 or 4. A
site without a septic system or a septic system that has not been in operation
for more than five years shall be considered a vacant lot. (Ord.#436, adopted 4/7/09)
F. Sewerability
Exceptions
Any
newly created lot which is deed restricted for agricultural/recreational use,
is exempt from demonstrating Type I septic sewerability requirements of Sect.
9.6.3 (E) e. Type I sewerability
requirements are not required for a replacement sewage treatment system in
which a dwelling or other establishment is removed, and a new dwelling or other
establishment is built within five years of the date of the removal of the
existing dwelling or other establishment.
9.6.4 PROHIBITIONS
A. Occupancy
or Use of a Building without a Compliant SSTS
It is
unlawful for any person to maintain, occupy, or use any building intended for
habitation that is not provided with a SSTS that disposes of wastewater in a
manner consistent with the provisions of this Ordinance.
B. Sewage
Discharge to Ground Surface or Surface Water
It is
unlawful for any person to construct, maintain, or use any SSTS under this
Ordinance that results in raw or partially treated wastewater seeping to the
ground surface or flowing into any surface water. Any surface discharging system must be
permitted under the National Pollutant Discharge Elimination System (NPDES)
program by the PCA.
C. Sewage
Discharge to a Well or Boring
It is
unlawful for any person to discharge raw or treated wastewater into any well or
boring as described in Minn. R. 4725.2050, or any other excavation in the
ground that is not in compliance with this Ordinance.
D. Discharge
of Hazardou/Commercials or Deleterious Materials
It is
unlawful for any person to discharge into any treatment system regulated under
this Ordinance any hazardous, commercial or deleterious material that adversely
affects the treatment or dispersal performance of the system or groundwater
quality. (Ord. #436, adopted 4/7/09)
E. Wetlands
It is
prohibited to construct or place an SSTS, or any part thereof, in a wetland as
defined in Minn. Stat. §103G.005.
9.6.5 SSTS
PRACTITIONER LICENSING
A. Licensing
Requirement
No
person shall engage in site evaluation, inspection, design, installation,
construction, alteration, extension, repair, maintenance, or pumping of SSTS
without an appropriate and valid license issued by PCA in accordance with Minn
R. Ch. 7083, except as exempted in Minn. R. 7083.0700.
B. Indemnification Agreement
Unlicensed
persons installing an SSTS on their property as permitted by Minn. R. 7083.0700
shall provide an executed agreement to the Department which indemnifies and
saves the County, holding it harmless from all losses, damages, costs,
including attorney’s fees, and charges that may be incurred by Benton County
due to the failure of the permittee to conform to and comply with the
provisions of this Ordinance.
9.6.6 SSTS
PERMITTING
A. Permits
Required
It is
unlawful for any person to construct, install, modify, replace, repair,
rejuvenate, remediate, or operate a subsurface sewage treatment system without
the appropriate permit from Benton County.
The issuing of any subdivision, permit, variance, or conditional use
under the provisions of this Ordinance shall not absolve the applicant’s
responsibility to obtain any other required permit. The purpose of this permit is to ensure that
the proposed construction activity is sited, designed, and constructed in
accordance with the provisions of this Ordinance by an appropriately certified
and/or licensed practitioner(s). A
septic permit is not required for minor repairs or replacements of system
components that do not alter the original function of the system, change the
treatment capacity of the system, change the location of the system, or
otherwise change the original system’s design, layout, or function as
determined by the Department. (Ord. #436, adopted 2/7/09)
B. Septic
Permit Required to Obtain Building or Land Use Permit
For any
property where a SSTS permit is required, approval and issuance of a valid SSTS
septic permit must be obtained before a building or land use permit will be
issued by the Department or Building Official.
C. Permit
Application Requirements
Septic
permit applications shall be made on forms provided by the Department of
Development and signed by the applicant/owner and an appropriately certified
practitioner including the practitioner’s license number and date of
expiration. The applications shall
include the Site Evaluation Report as described in Minn. R. 7080.1730, Design
Report as described in Minn. R. 7080.2430, a Management Plan as described in
Minn. R. 7082.0600. Applications shall
be considered incomplete if they are not on the County forms, do not include a
management plan and, when applicable, a monitoring plan, mitigation plan,
pumping agreement or deed restriction.
Applications shall also be considered incomplete if they are not signed
by the owner/applicant and designer.
(Ord. #436, adopted 2/7/09)
D. SSTS
Designer Responsibilities
1. Upon completion of any SSTS design, the
SSTS designer shall review the proposed SSTS design with the
applicant/owner. At that time, the
designer shall have the applicant/owner sign the SSTS application, and any
other required management plan or operational agreement before the design is
released to the applicant/owner or installer.
2. If a proposed SSTS design can not meet
a technical requirement of Minn. R. Chs. 7080 through 7083 or Benton County
Development Code Section 9.6 , it is the responsibility of the SSTS designer to
contact the Department of Development before releasing the proposed SSTS design
to the applicant/owner.
3. If it is determined by the designer and
the Department of Development, that the proposed SSTS design would require a
variance, the designer shall discuss this finding with the
applicant/owner. The need for a variance
shall be clearly indicated on a separate sheet of paper and attached to the
proposed SSTS design. A variance
application shall accompany the septic permit application. The septic application shall be considered
incomplete until the variance is approved.
E. Application Review and Response
The
Department shall review a permit application and supporting documents in
accordance with Minn. Stat. §15.99. Upon
satisfaction that the proposed work will conform to the provisions of this
Ordinance, the Department shall issue a written permit authorizing construction
of the SSTS as designed. In the event
that the applicant makes a change to the approved application, the applicant
must resubmit an amended application to the Department detailing the changed
conditions prior to initiating or continuing construction, modification, or
operation. The Department may approve or
deny the amended application. If the
permit applications is incomplete or does not meet the requirements of this
Ordinance the Department shall deny the application or request additional
information. A notice of denial or
request for additional information shall be provided to the applicant with the
reason for the denial or request for additional information. Applications shall be considered incomplete
if they are not on County forms, do not include the required signatures, do not
include a management plan , and when
applicable a monitoring plan, mitigation plan, pumping agreement or
appropriate deed restrictions.
F. Fees
The
County Board shall establish fees for permits and reviews required by this
Ordinance. All fees shall be paid prior
to the issuance of the septic permit or certificate of compliance whichever
shall apply.
G. Appeal
The
applicant may appeal the Department’s decision to deny the septic permit in
accordance with the County’s established policies and appeal procedures in
accordance with Section 11.4.7 of the Development Code. (Ord. #436, adopted
2/7/09)
H. Permit
Expiration
The
septic permit is valid for a period of no more than one year from its date of
issue or satisfactorily completion, whichever is shorter. The Department may, at its sole discretion,
provide an expiration of the permit shorter than one year. Satisfactory completion of construction shall
be determined by receipt of final record drawings and a signed certification
that the construction or installation of the system was completed in
substantial conformance to the approved design documents by a qualified
employee of the Department. The
Department may at its sole discretion grant an extension of the septic permit
if requested in writing by the owner prior to the expiration of the permit.
I. Suspension
or Revocation
The
Department may suspend or revoke a septic permit issued under this section when
issuance of the permit was based on false statements or misrepresentations of
facts made by the applicant. The
Department may suspend or revoke a septic permit issued under this section when
there have unauthorized changes to the system design that alter the original
function of the system, change to the treatment capacity of the system, change
to the location of the system, or otherwise change to the original system’s
design, layout, or function. A notice of
suspension or revocation and the reasons for the suspension or revocation shall
be conveyed in writing to the permit holder.
If the permit is suspended or revoked, installation or modification of a
treatment system may not commence or continue until a valid septic permit is
obtained.
J. Posting
The
septic permit should be posted on the property in such a location and manner so
that the permit is visible and available for inspection until construction is
completed and certified.
9.6.7 SSTS
STANDARDS
A. Benton County Standards:
The
County hereby adopts by reference Minn. R. Chs. 7080 through 7083. In
accordance with Minn. Stat. §115.55, subd. 7, Benton County has adopted more
restrictive standards than required by Minn. R. Chs. 7080 through 7083.
B. Additional SSTS Design Requirements
In
addition to the design requirements contained in Minn. R. Chs. 7080 through
7083, the following more restrictive requirements shall be required for all
SSTS designs submitted to the Department.
(Ord. #436, adopted 2/7/09)
1. A minimum
of two soil borings are required in the primary site; however, if the primary
and secondary site do not adjoin each other a minimum of three soil borings are
required. Soil borings must be representative of the soil conditions throughout
the absorption area and will be verified by staff.
2. A minimum
of one soil boring is required in the secondary site; however, if the primary
and secondary site do not adjoin each other a minimum of three soil borings are
required. Soil borings must be representative of the soil conditions throughout
the absorption area and will be verified by staff.
3. SSTS for
new construction shall have a minimum of three feet of separation to the
periodically saturated soils, bedrock or other restrictive layer, including one
foot in the original soil.
4. The depth
of the each soil boring shall be to the water table, bedrock or three feet
below the proposed depth of the system, whichever is less.
5. An
authorized representative from the Department of Development shall verify the
soil borings prior to issuance of the certificate of compliance for any new or
replacement system.
6. The
proposed location of the soil treatment area shall be roped or staked upon
completion of the SSTS design.
7. The application
shall provide a fixed reference point and distances from the proposed sites
and/or borings to that reference point including a benchmark with an assumed
elevation.
8. All SSTS
designs shall include at least one percolation test in the area of the proposed
soil treatment area.
9. All SSTS
or part thereof that will no longer be used and/or are found out of compliance
shall be identified on the SSTS design.
10. Classification
I flows shall be used to determine the average design flow for any SSTS design.
11. If the map
unit name of the soil listed in the Benton County Soil Survey states “fine
sand,” the SSTS designer shall conduct a sieve analysis, or size the soil
treatment area using the loading rates in Table IXa in Minn. R. Ch. 7080.
12. The absorption
area of mounds shall be based upon Table IXa in Minn. R. Ch. 7080 from either
the percolation rate or the heaviest soil texture encountered.
13. Table IX
entitled "Loading Rates for Determining Bottom Absorption Area for
Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios
for Determining Mound Absorption Areas Using Detail Soil Descriptions" and
Table IXa entitled "Loading Rates for Determining Bottom Absorption Area
for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption
Ratios for Determining Mound Absorption Areas Using Percolation Tests"
from Minnesota Rules, Chapter 7080.2150, Subp. 3(E) are herein adopted by
reference and either shall be used to size SSTS infiltration areas for SSTS
design.
14. All newly
created lots, vacant lots and/or vacant lot of records shall have a minimum of
two Type I septic sites or two Type II septic sites if the site has rapidly
permeable soils types 1 or 4. A site
without a septic system or a septic system that has not been in operation for
more than five years shall be considered a vacant lot.
C. Septic
Tank Setback Requirements
Sewage
tanks, aerobic tanks, holding tanks, and sealed privies and any part thereof
shall be located no closer to the following features than the minimum
horizontal separation distances as stated in Table 1.
Table 1.
Source Septic Tank
Setback
Occupied Buildings 10 ft.
Unoccupied Buildings 5
ft.
Property Lines 10 ft.
Road right-of-way 5ft.
D. Soil
Treatment System (Drainfield) Setback Requirements
All soil
treatment systems of an SSTS shall be set back the following minimum horizontal
separation distances from the features given in Table 2.
Table 2.
Source Drainfield
Setback
Occupied Building 20 ft.
Unoccupied Building 5 ft.
Property Line 10 ft.
Road right-of-way 5ft.
E. Shoreland
Setbacks
All
SSTS’s shall be located in accordance with the minimum horizontal separation
setback distances from Department of Natural Resources designated lakes, rivers
and streams as stated in Table 3.
Table 3.
Shoreland District Septic/Lift
Tank Setback Drainfield Setback
Agricultural/Urban & Tributary Rivers 75 ft. 75 ft.
Bluffs 30 ft. 30 ft.
Recreational Development Lakes 75
ft 100 ft
Natural Environment Lakes & Streams 150 ft. 150 ft.
Transitional/Forested Rivers 100
ft. 150 ft.
F. Winter SSTS Designs
A
complete SSTS design, including soil borings and percolation tests are required
year round. If weather or light
conditions do not permit a complete design to be conducted and soils verified
by the Department, the design shall be considered incomplete.
G. Incomplete
SSTS Installations due to Winter/Wet Soil Conditions
If the
soil treatment system can not be installed due to frost or wet soil conditions
and the installer agrees to install the septic tank as a temporary holding tank
system, the owner shall submit a holding tank pumping agreement with a PCA
licensed maintainer to the Department prior to occupancy. Records of the frequency of pumping shall be
kept for the Departments review or request for submission. (Ord. #436, adopted 4/7/09)
H. Determination
of Hydraulic Loading Rate and SSTS Sizing
Hydraulic
Loading Rate and SSTS Sizing shall be calculated using Table IXa from Minn. R.
7080.2150, subp. 3(E) entitled “Loading Rates for Determining Bottom Absorption
Area for Trenches and Seepage Beds for Effluent Treatment Level C and
Absorption Ratios for Determining Mound Absorption Areas Using Percolation
Tests” and herein adopted by reference shall be used to determine the hydraulic
loading rate and infiltration area for all SSTS permitted under this Ordinance.
I. Holding
Tanks
Holding
tanks for new residential dwellings are prohibited. Holding tanks may be allowed for replacement
SSTS systems only if a drainfield cannot be installed. The final determination of the need for a
holding tank shall be made by the Department.
It is the responsibility of the designer to contact the Department
before releasing the holding tank design to the applicant. (Ord. #436, adopted
4/7/09)
1. If a
holding tank is permitted by the Department, the property owner shall:
a. Provide to the Department
a holding tank maintenance agreement with the application; and
b. Maintain receipts of all
maintenance performed. These records are
to be available for submission and/or review by the Department.
c. The
holding tank shall have a minimum capacity of at least 1,500 gallons or an
amount equal to 400 gallons multiplied by the number of bedrooms in the
dwelling which the tank will serve, whichever is greater.
d. An
operating permit shall be required.
2. Low
Volume Users
Holding
tanks may be allowed for low volume uses subject to meeting the provisions of
Section 9.6.7(I)(1)(a)-(d). Low volume
users include the following:
a. An accessory building with no more than two water
using devices that may consist of only a sink and/or toilet.
b. A place
of business with no more than three water using devices that may consist of
only a sink, toilet, emergency shower and/or washing machine.
c. A
township meeting hall that is not open to the public except when conducting
official township business.
J. Additional
SSTS Construction Requirements
In
addition to the construction requirements contained in Minn. R. Chs. 7080
through 7083, the following additional requirements shall be met for the
construction of SSTS systems:
1. Schedule
40 sewer pipe shall extend a minimum of 3 feet beyond the last septic tank
and/or lift tank.
2. To
prevent freezing problems, the sewer line from the lift tank to a pressurized
soil treatment area shall be protected from sagging or bending.
3. The final
dimensions of an SSTS mound system (the upslope and downslope calculations of
the berm) shall be scarified and contain clean sand as defined in Minn. R..
1110, subp. 16.
4. Clean
sand used in the construction of mound systems shall be landscaped to a minimum
of 4 horizontal units to 1 vertical unit for all new construction. Three horizontal units to 1 vertical unit may
be used for replacement systems if determined by the Department that 4
horizontal units to 1 vertical unit can not be accommodated on-site.
5. Elevation
readings (in reference to the design benchmark) shall be required at the time
of the Department’s inspection of all sewage treatment systems.
6. The top
of the sewage tank for a new system shall not be buried more than 4 feet from
the final grade unless specifically approved by the Department.
K. Bedroom
Addition
A
bedroom addition requires the submission of a compliance inspection and septic
design for the addition of the bedroom.
The owner is required to sign an agreement that within 1 year from the
date of issuance of a bedroom addition permit; that the owner will upgrade,
repair, replace or abandon an existing system.
If the following conditions apply the owner is allowed 5 years to
upgrade, repair, replace or abandon an existing system: (Ord. #436, adopted
4/7/09)
1. The Department of
Development or local building inspector issues a permit to add a bedroom;
2. A SSTS
inspection is triggered by a bedroom addition permit request;
3. The existing system was
installed between May 27, 1989 and January 3, 1996;
4. The SSTS
does not comply with Minn. R. 7080.1500,
subp. 4(b).;
5. The SSTS
is not determined to be an imminent threat to public health or safety in
accordance with Minn. R. 7080.1500, subp. 4(a).
L. Reporting
Type
III, Type IV, Type V and other establishments that are required to install
water meters or event counters shall take readings everyday for the first 30
days that the system is in operation and once a month thereafter. The readings shall be submitted to the County
on the form provided by the County by the following January 30th. After reviewing the readings the Department
may request additional readings to be conducted or indicate that additional
readings are no longer required to be submitted. Failure to submit the required readings shall
be deemed a violation of the management plan.
An agreement signed by the applicant shall be submitted with the
application acknowledging these requirements. (Ord. #436, adopted 4/7/09)
M. Requirements
The
following sections are in Minn. R. Ch. 7080 and are not more restrictive but
are highlighted due to their importance.
1. SSTS in
Floodplains
a. SSTS shall not be located in a floodway
and wherever possible, location within any part of a floodplain should be
avoided. If no option exists to locate a
SSTS outside of a floodplain, location within the flood fringe is allowed if
the requirements in Minn. R. 7080.2270.
If an SSTS is built in the flood fringe, the bottom of the distribution
medium shall be at least as high as 10 year flood elevation. If the SSTS is a mound, the bottom of the
distribution medium shall be at least ˝ foot above the 10 year flood elevation.
b. If the 10 year flood elevation is not
available, the best hydrological information shall be used in determining the
elevation of the bottom of the distribution medium. The best available hydrological information
shall include, but is not limited to the following:
1. Flood
elevations provided from the Benton County Highway Department;
2. Flood elevations provided from the Minnesota
Department of Transportation;
3. A
flood elevation provided by a certified land surveyor; or
4. A geological topographic/contour map.
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 40 C.F.R. 144, are required by the Federal Government
to submit SSTS inventory information to the Environmental Protection Agency as
described in 40 C.F.R 144. Further,
owners are required to identify all Class V injection wells in property
transfer disclosures.
9.6.8 OPERATING
PERMITS
A. SSTS
Requiring an Operating Permit
1. An
operating permit shall be required of all owners of new holding tanks, Type IV
systems, Type V systems, lodging (excluding bed and breakfast facilities unless
served of a Type IV or V system), food and beverage facilities or MSTS. Sewage shall not be discharged to a holding
tank or MSTS until the Department of Development certifies that the MSTS or
holding tank was installed in conformance with the approved plans, receives the
final record drawings of the MSTS, and a valid operating permit is issued to
the owner. (Ord. #436, adopted 4/7/09)
2. The
Department shall review the record drawings, operation and maintenance manual,
management plan, maintenance and servicing contract, and any other pertinent
documents as appropriate for accuracy and completeness. If any deficiencies are identified, the
operating permit shall be denied until the deficiencies are corrected to the
satisfaction of the Department. If the
submitted documents fulfill the requirements, the Department shall issue an
operating permit in accordance with Minn. Stat. §15.99.
3. The
Department may not amend an existing permit to reflect changes in this
Ordinance until such time the permit term has expired and is renewed unless an
amendment is necessary to eliminate an imminent threat to public health or
safety.
4. The
Department may suspend or revoke any operating permit issued under this section
for any false statements or misrepresentations of facts on which the operating
permit was issued or if the owner fails to meet the requirements of the
operating permit. Notice of suspension
revocation and the reasons for revocation shall be conveyed in writing to the
owner. If suspended or revoked, the
Department may require that the treatment system be removed from service,
operated as a holding tank, or abandoned in accordance with Section
9.6.14. At the Department’s discretion,
the operating permit may be reinstated or renewed upon the owner taking
appropriate corrective actions.
5. Systems
found to be out of compliance with the operating permit shall be required to
bring the SSTS into compliance within 30 days.
B. Compliance Monitoring Type
IV Systems, Type V Systems, Food and Beverage Facilities
or MSTS
1. Type IV Systems, Type V Systems, MSTS,
food and beverage facilities shall require monitoring performed by a licensed
inspection business or licensed service provider hired by the holder of the
operating permit in accordance with the monitoring frequency and parameters
stipulated in the permit.
2. A report shall be submitted to the
Department on a form provided by the Department on or before the compliance
reporting date stipulated in the operating permit. The report shall contain a description of all
maintenance and servicing activities performed since the last compliance
monitoring report as described below:
a. Owner
name and address
b. Operating permit number
c. Average
daily flow since last compliance monitoring report
d. Description
of type of maintenance and date performed
e. Description
of samples taken (if required), analytical laboratory used,
and
results of analyses
f. Demonstrate
compliance with Minn. R. 7080.2350.
g. The
annual test from the effluent (before discharge into the soil treatment system)
for biochemical oxygen demand, total suspended solids, and oil and grease
concentrations.
h. Problems
noted with the system and actions proposed or taken to correct them
i. Name, signature, license
and license number of the licensed professional who performed the work
3. Type IV systems, Type V systems, food
and beverage facilities or MSTS operating permits shall expire on January
30th. The owner of the operating permit
shall apply for renewal of their operating permit by December 30th. The operating permit renewal period shall be
determined by the County. (Ord. #436, adopted
4/7/09)
C. Holding
Tanks
Owners
of holding tanks shall provide to the Department of Development a copy of a
valid monitoring and disposal contract executed between the owner and a
licensed maintenance business, which guarantees the removal of the holding tank
contents in a timely manner that prevents an illegal discharge. This requirement is waived if the owner is a
farmer who is exempt from licensing. The
owner of the operating permit shall apply for renewal of their operating permit
by December 30th. (Ord. #436, adopted
4/7/09)
9.6.9
MANAGEMENT PLANS
A. SSTS Requiring
Management Plans
Management
plans are required for all new or replacement SSTS. The management plan shall be submitted to the
Department with the septic permit application for review and approval. The purpose of management plans is to
describe how a particular SSTS is intended to be operated and maintained to
sustain the performance required. The
plan is to be provided by the certified designer to the system owner when the
treatment system is commissioned. The
Department shall be notified of any system modifications made during
construction and the management plan revised and resubmitted at the time of
final construction certification. (Ord.
#436, adopted 4/7/09)
B. Required
Contents of a Management Plan
Management
plans shall include:
1. Signature
of the designer and owner detailing that the plan has been reviewed and
understood by both parties.
2. Operating
requirements describing tasks that the owner can perform and tasks that a
licensed service provider or maintainer must perform;
3. Monitoring
requirements;
4. Maintenance
requirements including maintenance procedures and a schedule for routine
maintenance;
5. Statement
that the owner is required to notify the Department when the management plan
requirements are not being met;
6. Disclosure
of the location and condition of the additional soil treatment and dispersal
area on the owner’s property or a property serving the owner’s residence.
7. Require
pumping the septic tank(s) at least once every three years and retention of
receipts to demonstrate compliance.
C. Requirements
for Systems not Operated under a Management Plan
SSTS
that are not operated under a management plan or operating permit must inspect
treatment tanks and remove solids at least every three years and retain the
receipts to demonstrate compliance.
9.6.10 SOIL
VERIFICATION
A. Soil
Borings
1. Prior to
approval of an administrative land split or final plat the Department of
Development shall verify the soil borings submitted are compliant with Minn. R.
Chs. 7080 through 7083.
2. Prior to
issuance of the certificate of compliance for a new or replacement SSTS the
County shall verify the soil borings submitted are compliant with Minn. R. Chs.
7080 through 7083.
B. Dispute
Resolution
1. In the event of a dispute between two
designers on whether the soil or design meets the minimum requirements of the
Ordinance the County shall review the site, upon request, and make the final
determination.
2. In the event that a designer and the
County have a dispute related to the design or soils meeting the minimum
requirements of the Ordinance the County shall meet with the designer on-site
to review the soils and design. If the
dispute is unresolved the County and designer shall request a mutually
agreeable soil scientist to review the site.
The applicant shall provide a deposit in an amount to be determined by
the County to cover the cost of the soil scientist and County review. Both parties shall agree in writing that the
soil scientist findings shall be final.
If the scientist determines the County correctly interpreted the soils
the deposit will be retained and used to pay the scientist and County, with any
extra money refunded to the applicant.
If the soil scientist determines the designer was correct the deposit shall
be refunded and the County will pay for the cost of the soil scientist
review. If soils are reviewed with the
soil scientist that was not previously reviewed by the County the County shall
retain the deposit. All reviews with the
soil scientist shall be conducted in a pit that is a minimum of 4 feet by 4
feet with a depth of at least 3 feet below the bottom of the proposed system or
until bedrock or the water table, whichever is less.
9.6.11 COMPLIANCE
INSPECTIONS CONDUCTED BY THE COUNTY
A. Department
Responsibility
The
Department shall inspect all newly constructed SSTS in Benton County. All inspection requests shall conform to the
following:
1. All
required permit fees shall be paid for prior to issuing the permit or
certificate of compliance;
2. The
installation and construction of the SSTS shall be in accordance with the
permit requirements and application design.
3. The
applicant shall notify the Department prior to the completion and covering of
the SSTS for an inspection. If any SSTS
component is covered before being inspected and approved by the Department, it
shall be uncovered upon the direction of the Department;
4. It shall be the duty of the permittee to notify
the Department on the workday preceding the day inspection is desired;
5. Proposals
to alter the permitted construction shall be reviewed and the proposed change
accepted by the Department prior to construction.
6. Inspections
shall be conducted at least once during the construction of the SSTS at such
time as to assure that the system has been constructed per permit requirements.
7. A designated registered professional shall be on
site during the SSTS compliance inspection by the Department.
8. The
Department shall be given access to enter a property at any reasonable time to
inspect and/or monitor the SSTS system.
B. As-Builts
Requirements
If the
applicant provides proper notice as described above and the Department does not
appear for an inspection within 24 hours after the set time, the applicant may
complete the installation. The applicant
shall then file a signed as-built packet provided by the Department. The as-built packet shall be submitted to the
Department within five business days of the date of the SSTS installation. The as-built shall include a certified
statement that the work was installed in accordance with submitted design and
permit conditions and that it was free from defects. Failure to submit the as-built packet within
the timeframe specified on it shall result in an as-built late fee to be paid
by the installer or applicant.
C. New
Construction or Replacement SSTS
1. Compliance
inspections must be performed on new or replacement SSTS to determine
compliance with Minn. R. Chs. 7080 through 7083. SSTS found to be an imminent threat to public
health or safety must be repaired or replaced within 120 days. SSTS that are determined to have operation or
monitoring deficiencies must within 30 days be maintained, monitored or
otherwise managed according to the operating permit or management plan. SSTS found to be noncompliant with other
applicable requirements must be repaired or replaced according to the
Department’s requirements.
2. The
certificate of compliance must include a certified statement by qualified
employee who conducted the inspection that the SSTS is or is not in compliance
with the Ordinance requirements. If the
SSTS is determined not to be in compliance with the applicable requirements, a
notice of noncompliance must be issued to the owner which includes a statement
specifying those Ordinance provisions with which the SSTS does not comply.
3. No SSTS
shall be placed into operation until a valid certificated of compliance has
been issued.
D. SSTS
Inspection Reports
A
certificate of compliance or notice of noncompliance shall be prepared by the
Department following all SSTS inspections or from the review of submitted
as-built plans.
1. A certificate of compliance or notice of
noncompliance shall include a signed statement by the Department identifying
the type of SSTS inspected and whether the SSTS is in compliance with Minn. R.
7080.1500.
2. A copy of the certificate of Compliance or notice
of noncompliance shall be provided to the property owner within 15 days of the
compliance inspection and a copy kept on file in the Department.
3. A
certificate of compliance for a new SSTS is valid for 5 years from the date of
issuance unless the Department finds evidence of an imminent threat to public
health or safety.
4. The plumbing code shall be administered
by the local building code official as it relates the hook-up of the dwelling
to the septic tank or system.
Verification that the septic system hook-up is compliant with the
plumbing code shall be provided by the building official prior to issuance of a
certificate of compliance.
E. Failing
Systems
The
County shall inspect an existing SSTS if there is evidence of a failing
system. The County shall issue a notice
of noncompliance if the County witnesses evidence of the failing system. The system shall be upgraded in accordance
with Section 9.6.13.
9.6.12 COMPLIANCE
INSPECTION CONDUCTED BY A PRIVATE INSPECTOR
A. Criteria
for Systems Constructed Before April 1, 1996
SSTS
built before April 1, 1996, must have at least 2 feet of vertical separation
between the bottom of the dispersal system and seasonal saturation or
bedrock. If the SSTS is located within
an area designated as shoreland, wellhead protection or serves a food, beverage
or lodging establishment the system shall be required to meet the requirements
of Section 9.6.11(b).
B. Criteria
for Systems Constructed After March 31, 1996, or in a Designated Area
SSTS
built after March 31, 1996, shall have a 3 foot vertical separation between the
bottom soil infiltrative surface and the periodically saturated soil and/or
bedrock. SSTS located in the shoreland,
wellhead protection or serving a food, beverage, or lodging establishment
regardless of the year constructed shall have a three-foot vertical separation
between the bottom soil infiltrative surface and the periodically saturated
soil and/or bedrock. Existing systems
that have no more than a 15 percent reduction in this separation distance (a
separation distance no less than 30.6 inches) to account for settling of sand
may be considered compliant under this Ordinance if the inspector states there
is evidence of settling, measurement or interpretation of the restrictive
layer. The vertical separation
measurement shall be made outside the area of system influence but in an area
of similar soil.
C. Compliance
Inspection Requirements
1. Compliance
inspections shall be required when any of the following conditions occur:
a. When a construction permit
is required to repair, modify, or upgrade an existing system;
b. Anytime there is an
expansion of use of the building being served by an existing SSTS which may
impact the performance of the system;
c. Anytime there is a change
in use of the property being served by an existing SSTS which may impact the
performance of the system;
d. Submission
of a variance application for an affected parcel;
e. Submission
of a conditional use permit for an affected parcel
f. Submission of a land use
permit in which a dwelling or other establishment is removed and a new dwelling
or other establishment is proposed.
g. At
anytime as required by this Ordinance or the Department deems appropriate such
as upon receipt of a complaint or other notice of a system malfunction.
2. Compliance
inspections of existing SSTS shall be reported on the inspection report forms
provided by PCA. The following
conditions must be assessed, or verified:
a. Water
tightness assessment of all treatment tanks including a leakage report;
b. Vertical separation
distance between the bottom of the soil treatment and dispersal system and the
periodically saturated soil or bedrock including vertical separation
verification report unless the vertical separation has been verified by the
County or another independent designer/inspector.
c. Compliance
with the management plan or operating permit if applicable.
3. The entire system is to be evaluated
for its compliance status. In evaluating
the vertical separation of a soil treatment system found to be in compliance,
the compliance inspector shall provide:
a. The elevation of the bottom of the rock
bed;
b. The elevation of the depth to the
restricting layer, if applicable, measured outside of the soil treatment system
in an area of similar soil; and
c. A detailed sketch drawn to scale or
dimension showing the location of the SSTS, the soil boring(s), and the bottom
of the rock bed in relation to a referenced benchmark.
D. Certificate
of Compliance for Shoreland Areas
A
certificate of compliance on the affected property shall be provided to the
Department as part of an application request in the shoreland for a:
1. Land Use
Permit;
2. Variance,
unless a variance is needed for the septic system or a new dwelling is proposed
and the existing system will be required to be upgraded or replaced in which
case a compliance inspection will be adequate;
3. Conditional
Use Permit
F. Point of
Sale Certification
1. No owner
or other person acting with legal authority on behalf of an owner of a tract of
land upon which a dwelling is located, or a tract of land upon which a
structure is required to have an individual sewage treatment system is located,
shall convey to another party said tract of land, unless all of the following
requirements are met:
a. The seller shall provide a compliance
inspection or a Benton County sewage treatment system inspection to the buyer
at or before the closing date. The
compliance inspection shall be submitted to the County with the property
transfer. If the seller does not provide
the compliance inspection the buyer shall be responsible to proving the
compliance inspection to the County within 30 days of the property
transaction. A valid compliance
inspection is an inspection, conducted by an MPCA Designated registered
professional, which is three years old or less indicating that the system is in
compliance or is out of compliance. A
valid Benton County sewage treatment system inspection is an inspection issued
by the Department that is 5 years old or less.
A compliance inspection shall not be valid if the Department finds
evidence of an imminent health threat to public health and safety.
b. A Benton County sewage treatment system
property transfer form shall be signed by both the buyer(s) and seller(s) and
filed with the Benton County Auditor at the time of sale or transfer of the
property.
c. Failure to submit a compliance inspection
for a property transfer shall result in all future permits for the site to be
denied until a compliance form has been submitted.
2. Exemptions
A
compliance inspection or a Benton County sewage treatment system inspection is
not required to be filed with the Auditor’s office at the time of sale or
transfer of property if any of the following conditions exist:
a. The property to be transferred has no
structures usable for human habitations;
b. The property to be transferred has no
buildings with plumbing fixtures.
c. A public sewer system, a community
sewer system or a central sewer system services the dwelling(s) on the property
to be transferred;
d. The sale of land is exempt from the
requirements that a certificate of real estate value (CRV) be filed with the
County Auditor’s office as described in Minn. Stat. §272.115, subd.1; or
f. The sale or transfer completes a
contract for deed or purchase agreement entered into prior to June 18,
2002. This subsection applies only to
the original vendor and vendee on such a contract.
g. The transfer is a foreclosure or tax
forfeiture.
3. Winter
Transfers
If the
sale or transfer of property occurs during the winter months of November
15th through April 15th, the buyer
shall complete the compliance inspection, if necessary, by the following June
1st. The buyer shall ultimately be held
responsible by the County if the septic system is noncompliant and not brought
into compliance within the timeframe provided by the Department or if a
compliance inspection has not been completed.
G. Inspection
Forms
Upon
completion of a compliance inspection of an existing SSTS, the inspector shall
submit a certificate of compliance or a notice of noncompliance to the
Department and the property owner within 15 days of the date of the compliance
inspection. In completing the PCA
compliance inspection form for existing sewage treatment systems, the
compliance inspector shall complete the entire form, including, but not limited
to the following information:
1. The
parcel identification number of the property;
2. The
reason why the compliance inspection is being performed; and
3. If
necessary, the soil boring information which includes the depth of each
horizon, the Munsell soil color and the texture of the soil.
4. If any of
the above required information is not provided, the compliance inspection
report will be considered incomplete.
9.6.13 NOTICE
OF NONCOMPLIANCE
A. If an
existing SSTS is found to be out of compliance with this Ordinance, the
property owner shall complete the following requirements, as applicable:
1. The owner
of property on which a septic system is found to be out of compliance shall
within 30 days after receipt of a notice of noncompliance submit a completed
SSTS design using Department application forms and obtain a sewage treatment
system permit from the Department.
2. An SSTS
that is determined to be noncompliant shall be upgraded, repaired, replaced or
abandoned by the owner in accordance with the provisions of this Ordinance
within 12 months of receipt of a notice of noncompliance, unless it is
considered an imminent threat to public health or safety.
3. An SSTS
that is determined to be an imminent threat to public health or safety in
accordance with Minn. R. 7080.1500 Subp. (4)(a), shall be upgraded, repaired,
replaced or abandoned by the owner in accordance with the provisions of this
Ordinance within 120 days of receipt of a notice of noncompliance.
4. An
owner/operator with an SSTS found to be out of compliance with its operating
permit, management plan or monitoring plan shall bring the system into
compliance with the plan within 30 days of the notice of noncompliance.
9.6.14 ABANDONMENT
CERTIFICATION
A. Purpose
The
purpose of the system abandonment certification is to ensure that a treatment
system no longer in service is abandoned in a manner that protects public
health, safety and water quality.
B. Abandonment
Requirements
1. Whenever
the use of a 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 under this Ordinance shall be prohibited.
2. Continued
use of a treatment tank where the tank is to become an integral part of a
replacement system or a sanitary sewer system requires the prior written
approval of the Department.
3. An owner
of an SSTS must abandon all components of the discontinued treatment system
within 30 days of discontinuance.
4. Abandonment
shall be completed in accordance with Minn. R. 7080.2500.
5. A report
of abandonment certified by the licensed installation business shall be
submitted to the Department. The report
shall include:
a. Owner’s name and contact
information
b. Property address
c. System construction permit
and operating permit
d. The reason(s) for
abandonment
e. A brief description of the
abandonment methods used, description of the system components removed or
abandoned in place, and disposition of any materials or residuals, and receipts
to document proper disposal.
C.
Abandonment Certificate
Upon
receipt of an abandonment report and determination that the SSTS has been
abandoned according to the requirements of this Ordinance, the Department shall
issue an abandonment certificate. If the
abandonment is not completed according the requirements of this Ordinance the
County shall notify the owner of the SSTS of the deficiencies, which shall be
corrected within 30 days of the notice.
9.6.15 VARIANCES
A. Variance
Requests
A
property owner may request a variance pursuant to county policies and
procedures as stated in Section 11.5 of the Development Code. Variances that pertain to the standards and
requirements of the State of Minnesota must be approved by the affected state
agency pursuant to the requirements of the state agency. (Ord. #436, adopted 4/7/09)
B. Board of
Adjustment Authority
The
Board of Adjustment shall have the authority only to consider variances to
horizontal setbacks from property lines, ordinary high water level,
rights-of-way, structures, or buildings.
The Board of Adjustment may also grant variances to permit a Type II-V
system for new construction or creation of a new lot. Variance requests to deviate from the design
flow determination procedures in Minn. R. 7081.0110 if the deviation reduces
the average daily estimated flow from greater than 10,000 gallons per day to
less than 10,000 gallons per day or to provisions in Minn. R. 7080.2150, subp.
2 and 7081.0080, subp. 2 through 5 regarding the vertical separation required
beneath the treatment and dispersal soil system and saturated soil or bedrock
from the required three feet of unsaturated soil material (except as provided
in Minn. R. 7080.1500 subp. 4 (d)) must be approved by PCA. Variances to wells and water supply lines
must be approved by the Minnesota Department of Health.
9.6.16 ENFORCEMENT
A. Cause to
Issue a Notice of Violation
Any
person, firm, agent, or corporation who violates any of the provisions of this
Ordinance, or who fails, neglects, or refuses to comply with the provisions of
this Ordinance, including violations of conditions and safeguards, or who
knowingly makes any material false statement or knowing omission in any
document required to be submitted under the provisions hereof, shall be guilty
of a misdemeanor and upon conviction thereof, shall be punishable as defined by
Minnesota State Law. Each day that a
violation exists shall constitute a separate offense. In the event of a violation of this
Ordinance, in addition to other remedies, the County Attorney may institute
appropriate actions or proceedings to prevent, restrain, correct or abate such
violations. The Department shall be given access to enter a property at any
reasonable time to inspect and/or monitor the SSTS system. As used in this paragraph,
"property" does not include a residence or private building. No person shall hinder or otherwise interfere
with the Department's employees in the performance of their duties and
responsibilities pursuant to this Ordinance. Refusal to allow reasonable access
to the property by the Department shall be deemed a separate and distinct
offense. (Ord. #436, adopted 4/7/09)
B. Notice of
Violation
The
Department shall serve, in person or by mail, a notice of violation to any
person determined to be violating provisions of this Ordinance. The notice of violation shall contain:
1. A
statement documenting the findings of fact determined through observations, inspections,
or investigations;
2. A list of
specific violation(s) of this Ordinance;
3. Specific
requirements for correction or removal of the specified violation(s);
4. A
mandatory time schedule for correction, removal and compliance with this
Ordinance.
C. Cease and
Desist Orders
Cease
and desist orders may be issued when the Department has probable cause that an
activity regulated by this or any other County Ordinance is being or has been
conducted without a permit or in violation of a permit. When work has been stopped by a cease and
desist order, it shall not be resumed until the reason for the work stoppage
has been completely satisfied, any administrative fees paid, and the cease and
desist order lifted.
D. Costs and
Reimbursements
If the
Department is required to remove or abate an imminent threat to public health
or safety, the Department may recover the costs including, attorney fees,
incurred in removal or abatement in a civil action, or at the discretion of the
County Board, the cost of an enforcement action under this Ordinance may be
assessed and charged against the real property on which the public health
nuisance was located. The County Auditor
may extend the cost as assessed and charged on the tax roll against said real
property.
APPENDIX B. FIELD WINDBREAK
(Benton County Code
Section 9.12)
9.12 Field
Windbreak
No person shall
remove or destroy any field windbreak or pine plantation, nor remove trees or
stumps remaining after a field windbreak or pine plantation is destroyed by
natural causes or any cause , in any
zoning district of the county without first making an application for and
obtaining a Conditional Use Permit. No
such permit shall be issued unless the land owner has entered into a contractual
restrictive covenant providing for the implementation of an alternate erosion
control plan meeting the standards and specifications contained in the Benton
Soil and Water Conservation District Technical Guide, of which a copy is filled
with the Benton County SCS District Office said covenant to run with the
land. The restrictive covenant must be
approved by the County Board before a permit may be issued and must be recorded
in the Office of the County Recorder. No
permit shall be required for the normal harvest of trees planted for
harvesting, for ornamental or decorative purposes, or for the normal and
necessary thinning of trees in a field windbreak or pine plantation.
APPENDIX C. FEEDLOTS/WASTE STORAGE
(Benton County Code
Section 9.14)
9.14 LARGE SCALE FEEDLOTS AND LIVESTOCK WASTE
STORAGE FACILITIES (Ord. #292, adopted 5/19/98)
9.14.1 Definitions:
The following terms, as used in sections 9.14.2 through 9.14.5, shall have the
meaning given in this section.
Non-Feedlot
Residence: Any dwelling that is not located on the same farmstead as the
feedlot.
Contiguous
Parcel: A parcel, or abutting parcels, upon which the feedlot is located
and which is owned by the feedlot permits applicant.
Tier
I Feedlot: An area or building, as described in section 3.59, intended and
designed for the feeding, breeding, raising or holding of between 25 to 500
animal units.
Tier
II Feedlot: An area or building, as described in section 3.59, intended and
designed for the feeding, breeding, raising or holding of between 501 and 1,500
animal units.
Tier III Feedlot: An area or building, as described in section 3.59, intended and
designed for the feeding, breeding, raising or holding of between 1,501 and
2,500 animal units.
9.14.2 Permitted
Uses
A.
Tier I feedlots shall be a
permitted use in areas zoned A-1 or A-2.
Conditional use permits for feedlots may only be granted if the
following requirements are met:
1.
The applicant must obtyain
a valid MPCA certificate of compliance, as defined in Minnesota Rules Part
7020.0300, pertaining to the feedlot site.
2.
The feedlot must be
located in compliance with the minimum setbacks and minimum parcel size
restrictions described in Section 9.14.4.
3.
The feedlot must meet the
criteria of Section 11.6.
B.
Livestock waste storage
facilities shall be conditions uses in areas zoned A-1. Conditional use permits for waste storage
facilities may only be granted if the following requirements are met:
1.
The applicant must have
obtained a valid MPCA feedlot permit.
2.
The waste storage facility
must comply with all applicable state requirements for soil, water and air
pollution.
3.
The facility shall not be
located within six hundred sixty (660) feet of any residence other than the
farmstead residence at which the storage facility is located.
4.
The facility must be at least
200 feet from a road right-of-way.
9.14.4 Minimum
Setbacks and Parcel Size
|
Number of Animal Units (au) Permitted: |
Tier I |
Tier II |
Tier III |
|
25-500 au |
501-1,500 au |
1,501-2,500 au |
|
|
Non-Feedlot Residence |
660 feet |
990 feet |
1,320 feet |
|
Road R-O-W |
65 feet |
125 feet |
200 feet |
|
Incorporated City with a
population over 500 |
1,320 feet |
2,640 feet |
3,960 feet |
|
Lake |
1,000 feet |
1,000 feet |
1,000 feet |
|
River, Creek, Stream or
Water course |
300 feet |
300 feet |
300 feet |
|
Property Line |
80 feet |
100 feet |
200 feet |
|
Existing Feedlot |
660 feet |
660 feet |
660 feet |
|
Minimum Contiguous
Parcel |
35 acres |
75 acres |
115 acres |
9.14.5 Feedlot
Expansion
A land use permit
or conditional use permit obtained for a Tier I, Tier II, or Tier III Feedlot
shall authorize the feedlot owner/operator to maintain any number of animal
units within the allowable range for that tier.
The number of animal units contained in the feedlot must not exceed the
maximum allowed in the permitted tier.
If the number of animal units contained in the feedlot at any time
exceed, or is anticipated to exceed, the number allowed in the permitted tier,
the property owner must obtain a new or amended conditional use permit of the
appropriate higher tier.
9.14.6 Residential
Setbacks
Non-feedlot
residences must meet the minimum setbacks from a feedlot set forth in Section
9.14.4.