AFFIDAVIT OF PUBUCAUi
<br />STATE OF MINNESOTA ) ss
<br />COUNTY OF SHERBURNE )
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<br />Ad ID 353224
<br />CITY OF ELK RIVER
<br />ORDINANCE 15 - 06
<br />AN ORDINANCE AMENDING
<br />SECTIONS, 30 -1, "DEFINITIONS,"
<br />30 -1934, "ON -SITE SEWAGE
<br />TREATMENT AND WATER
<br />SUPPLY SYSTEMS," 30-
<br />2028, , IWATER SUPPLY AND
<br />SEWAGE TREATMENT,"
<br />30 -2042, "PLANNED UNIT
<br />DEVELOPMENTS," AND 30 -2138,
<br />,,WATER SUPPLY AND SEWAGE
<br />TREATMENT" OF THE CITY
<br />OF ELK RIVER, MINNESOTA,
<br />CITY CODE, TO INCORPORATE
<br />THE SHERBURNE COUNTY
<br />SUBSURFACE SEWAGE
<br />TREATMENT SYSTEM PROGRAM
<br />The City Council of the City of
<br />Elk River does hereby ordain as
<br />follows:
<br />SECTION 1. That § 30-1, "Defini-
<br />tions" of the City of Elk Rivet Code
<br />of Ordinances shall be amended to
<br />add the following definition:
<br />Subsurface Sewage Treatment
<br />System Program means Sherburne
<br />County Zoning Ordinance, Section
<br />17.5, as amended, including refer-
<br />ences to Minnesota Statutes and
<br />Minnesota Rules.
<br />SECTION 2. That § 30 -1934,
<br />"On -site sewage treatment and wa-
<br />ter supply systems" of the City of
<br />Elk River Cade of Ordinances shall
<br />be amended to read as follows:
<br />Where public utilities are not
<br />provided, on -site water supply sys-
<br />tems must be designed to minimize
<br />or eliminate infiltration of floodwa-
<br />ters into the systems, and new or
<br />replacement on -site sewage treat-
<br />ment systems must be designed
<br />to minimize or eliminate infiltration
<br />of floodwaters into the systems
<br />and discharges from the systems
<br />into floodwaters and they shall not
<br />be subject to impairment or con-
<br />tamination during times of flood-
<br />ing. Any sewage treatment system
<br />designed in accordance with Sher-
<br />burne County Zoning Ordinance,
<br />Section 17.5 "Subsurface Sewage
<br />Treatment System Program ", shall
<br />be determined to be in compliance
<br />with this section.
<br />SECTION 3. That § 30- 2026(h)
<br />(2), "Water supply and sewage
<br />treatment" of the City of Elk Riv-
<br />er Code of Ordinances shall be
<br />amended to read as follows:
<br />(2) All private sewage treatment
<br />systems shall meet or exceed the
<br />requirements of Sherburne County
<br />Zoning Ordinance, Section 17.5,
<br />as amended, is hereby adopted by
<br />reference and declared to be a part
<br />of this division.
<br />SECTION 4, That § 30 -2042,
<br />"Planned Unit Developments" of
<br />the City of Elk River Code of Or-
<br />dinances shall be amended as fol-
<br />lows:
<br />a) Section 30 -2042 (e)(2)(c)(1)
<br />shall be amended to read as fol-
<br />lows:
<br />(1) Residential planned unit de-
<br />velopments shall be connected to
<br />publicly owned water supply and
<br />sewer systems, if available. On -site
<br />water supply and sewage treat-
<br />ment systems shall be designed
<br />and installed to meet or exceed the
<br />requirements of Sherburne County
<br />Zoning Ordinance, Section 17.5
<br />"Subsurface Sewage Treatment
<br />System Program ", and sections 30-
<br />2022 and 30 -2028. Cn -site sewage
<br />treatment systems shall be located
<br />on the most suitable areas of the
<br />development, and sufficient lawn
<br />area free of limiting factors shall be
<br />provided for a replacement sewage
<br />treatment system.
<br />b) Section 30 -4042 if) (2)(b)(1)
<br />shall be amended to read as fol-
<br />lows:
<br />(1) Commercial planned unit de-
<br />velopments shall be connected to
<br />publicly owned water supply and
<br />sewer systems, if available. On -site
<br />water supply and sewage treat-
<br />ment systems shall be designed
<br />and installed to meet or exceed the
<br />requirements of Sherburne County
<br />Zoning Ordinance, Section 17.5
<br />"Subsurface Sewage Treatment
<br />System Program ", and sections 30-
<br />2022 and 30 -2028. On -site sewage
<br />treatment systems shall be located
<br />on the most suitable areas of the
<br />development, and sufficient lawn
<br />area free of limiting factors shall
<br />be provided for a replacement soil
<br />treatment system for each sewage
<br />system.
<br />SECTION 5. That § 30- 2138(b),
<br />"Water supply and sewage treat-
<br />ment" of the City of Elk River Code
<br />of Ordinances shall be amended to
<br />read as follows:
<br />(b) Sewage treatment. Any
<br />premises used for human occupan-
<br />cy shall be provided with an ade-
<br />quate method of sewage treatment
<br />which meets all of the requirements
<br />of Sherburne County Zoning Ordi-
<br />nance, Section 17.5 "Subsurface
<br />Sewage Treatment System Pro-
<br />gram", and section 30.2028, ex-
<br />cept that on -site sewage treatment
<br />systems shall be set back from the
<br />ordinary high -water level in accor-
<br />dance with the setbacks contained
<br />in section 30- 2132(a).
<br />SECTION 6, That this ordinance
<br />shall take effect upon adoption and
<br />be published as provided by law.
<br />Passed and adopted bythe City
<br />Council of the City of Elk River this
<br />17th day of February, 2015.
<br />ATTEST:
<br />John J_ Dietz, Mayor
<br />Tina Aftard, City Clerk
<br />Published in the
<br />Star News
<br />February 28, 2015
<br />353224
<br />
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