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HomeMy WebLinkAbout2024 11-12 PC PACKETCITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Planning Commission Meeting – November 12, 2024 Call to Order of Planning Commission Meeting By Chair Joshua Patrick at 7:____ p.m. Call of Roll Patrick Farrell Cummings Pratt Wippich Approve and Accept Agenda and Minutes • Accept the Agenda for the November 12, 2024, Planning Commission Meeting • Approve the Minutes from September 10, 2024, Planning Commission Meeting Public Hearings • None Old Business • None New Business • Interim Chair Discussion • Ordinance No. 67D and 108 Septic Discussion • Ordinance No. 111 Solicitors Discussion • Ordinance No. 83 Housing Maintenance and Occupancy Code Discussion Open Items for Commission Members to Bring Up Future Meetings • Next City Council Meeting, Tuesday, November 19, 2024 • Next Planning Commission Meeting, Tuesday, December 10, 2024 o Attendance Inquiry Adjournment – The meeting adjourned at _____ City of Gem Lake Planning Commission Meeting Minutes September 10, 2024 1 | Page City of Gem Lake Planning Commission Meeting – September 10, 2024 Meeting Minutes Planning Commission Chair Joshua Patrick called the meeting to order at 7:00 p.m. Commission Members Art Pratt and Don Cummings were present. Not present was Commission Member Derek Wippich and Stephanie Farrell. Also present: City Planner Evan Monson, Graduate Community Planner CJ Sycks, City Attorney Kevin Beck, Acting City Clerk Melissa Lawrence, Phillps Architects & Contractors President David Phillips, Barnett Companies General Manager Jack Mayeron, Barnett Kia General Manager Michael Barnett, White Bear Montessori Head of School Marnie McPherson, Civil Site Group Civil Engineer Robbie Latta, Project Manager CoBeck Construction Cletis Levisay September 10, 2024 A motion was introduced by Commissioner Pratt to accept the agenda, seconded by Commissioner Cummings. Motion carried 3-0. Minutes A motion was introduced by Commissioner Pratt, seconded by Commissioner Cummings to approve the July 9, 2024, Planning Commission Meeting minutes. Motion carried 3-0. Public Hearings 1201 County Road E East – White Bear Montessori School Variance Request for Shed Setback from Side Yard City Planner Evan Monson summarized the request. The White Bear Montessori School (WBMS) operates at 1201 County Road E East, at the southwest corner of the city. The school is in the midst of an expansion project that started earlier this year. Building permits for the project were issued by the City in April of 2024. The project includes an addition onto the existing school and exterior improvements to the site. As part of the project, a 14-foot by 16-foot storage shed was constructed on the south side of the property. The shed was placed at a setback of 33.2 feet from the south lot line, which is within the required side yard setback of 50 feet. Prior to the new construction on the property, a storage shed of similar size was located on the property, just east of the parking lot, at a setback of 62 feet from the south lot line. The Building Department inspected the site and noted that the shed was within the setback from the side lot line. Building Department staff notified the applicant’s contractor and noted that the two options were to move the shed to a compliant setback or request a variance from the city to keep the shed in the existing location. The project plans were forwarded to staff and other agencies for comments prior to the Planning Commission meeting. • Ramsey County o County staff is currently reviewing the plans and had not submitted comments at the time of drafting this report. • Vadnais Heights Watershed Management Organization (VLAWMO) o The watershed staff had no comments on this request. • Building Inspector o The Building Inspector confirmed that the site of the proposed shed was included in their plans that were approved for building permits in April of 2024. The as-built shed does not meet setback requirements, but it was noted that other requirements are met. • Engineering o Engineering staff are currently reviewing the submitted plans and had not submitted comments at the time of drafting this report. Commissioner Pratt introduced a motion to open the public hearing on the matter at 7:06 p.m., seconded by Commissioner Cummings. Motion carried 3-0. City of Gem Lake Planning Commission Meeting Minutes September 10, 2024 2 | Page The applicants shared their rational for the request and identified ‘impact criteria’ in consideration of their variance request. 1. Adjacent uses – Within Gem Lake city boundaries to the east along County Rd E East and to the north along Labore Rd, the property borders two single family home properties. Both properties are screened from the school property by dense brush and tree foliage. In addition, both adjacent properties (along with other nearby properties along the roadways) also maintain accessory structures along their right-of-way frontages at approximately 30-foot setbacks. 2. Air and water quality – The project team does not consider the shed to have impacts on air and water quality. Locating the shed outside of the setback would require additional pavement and would harm water quality. 3. Traffic generation – The shed at its as-built location allows space for 2 additional parking stalls [compared to a setback-compliant location]. These two stalls decrease the number of visitors needing to park at the office center across Labore Rd from the school property. 4. Public safety and health – The garbage dumpsters and property maintenance equipment were previously housed in a dilapidated shed just to the north and east of the as-built shed. The previously existing building was in danger of collapse. The new building provides a much safer enclosure than previously provided. 5. Area aesthetics – The as-built shed is clad in materials similar in aesthetics to the school building and new addition. Existing, mature pine trees provide partial screening of the shed from the roadway. 6. Economic impact on the entire area – The project team does not consider there to be an economic impact on the area. 7. Consistency with the comprehensive plan – The project team considers the as-built shed in consistency with the surrounding neighborhood and other accessory structure setbacks at adjacent properties. Commissioner Pratt introduced a motion to close the public hearing on the matter at 7:20 p.m., seconded by Commissioner Cummings, Motion carried 3-0. The Commission discussed the information and understood that it was an oversight on the City’s part by approving the designs. Commission Chair Patrick asked City Attorney Kevin Beck’s advice on the situation and if the City has any obligation to grant this variance due to the already approved plans. Mr. Beck shared that the city does not have an obligation, and it is to be denied or granted based on if the City sees that they have endured undue hardship. Members of the Commission all saw no problems with the current location the shed was built. No changes are being suggested to an ordinance, and these situations will be taken case by case and will work to prevent this from happening in the future. City Planner Evan Monson shared that the Commission has options for next steps. If the commissioners find the request does not meet the criteria for a variance, the commission can direct staff to prepare a resolution of denial for the City Council to consider. If the commissioners recommend approval of the request, the commission can direct staff to prepare a resolution of approval to include conditions recommended by staff. Commissioner Pratt introduced a motion to recommend approval to the City Council based on the conditions by staff, seconded by Commissioner Cummings. Motion carried 3-0. Old Business Zoning Requests – Barnett Kia (Zoning Compliance Request, Lot Line Adjustment Request, Zoning Amendment Request) City Planner Evan Monson summarized the requests. At the August 14, 2024, Planning Commission meeting, commissioners moved to table this request for additional review by the City Engineer, Building Inspector, and other contacted agencies. The city also exercised a 60-day review period extension for the request, as permitted by Minnesota Statue 15.99. City of Gem Lake Planning Commission Meeting Minutes September 10, 2024 3 | Page At 3610 Highway 61, Barnett Companies is looking to remove their existing building (31,865 SF) and build a new one (34,060 SF) on the north side of their property. The building would be an upgraded version of their existing one, including spaces for a carwash, service garage, sales floor, vehicle delivery, and administration. The existing building is proposed to remain until the new building is constructed, and then would be removed. Phasing and sequencing plans would be put in place to remain operational during construction. The property to the north, 3700, is also owned by Barnett Properties. Both properties are within the City’s Gateway District and are within the Neighborhood Center Sub-Zone. The applicant’s proposed building type would not be consistent with the building types currently in the Gateway District, while the proposed use is currently listed as a nonconforming use in the zone. This request requires three separate applications for review and approval: 1. A lot line adjustment application. Barnett Properties owns both subject properties and is requesting a lot line adjustment to the north, to align with the parking lot entrances. The city has reviewed lot line adjustments through the ‘Minor Subdivision’ process. 2. A zoning ordinance amendment application. The Gateway District does not currently permit Automotive Dealerships, the applicant is requesting to allow Automotive Dealerships as a permitted use. The applicant is also proposing a new building type. 3. A zoning compliance permit application. This permit is required for redevelopment projects within the Gateway District. Lot Line Adjustment The applicant is requesting to adjust the lot line to accommodate the entrance from Highway 61. The subject lot (south/on the right) is currently 5.16 acres, and the abutting lot (north/on the left) is 4.17 acres. The proposed lot line would result in the subject lot being 5.56 acres and the abutting lot being 3.96 acres. The requested lot line adjustment is consistent with the requirements listed in Ord. No. 131. Zoning Ordinance Amendment The applicant is proposing a new building type template as “Figure 15a Automotive Dealership” within Section 9.6 of Ord. No. 131. Proposed language was submitted for the new building type template to determine if the proposed language is appropriate. The proposed building type template can be used for new or redevelopment of other sites in the Gateway District, such as the Ford dealership across Highway 61 or the 3700 Highway 61 property also owned by the applicant. The proposed designs from the applicant show a decrease in impervious surface coverage, an increase in landscaping, new lighting, and a modern building compared to the current site; the proposed building template would require other automotive dealerships to adhere to the same standards. Zoning Compliance Request Contingent on the approval of the lot line adjustment and ordinance amendment, the applicant is requesting a Zoning Compliance Permit to allow for construction of a new automotive dealership building. This request for a Zoning Compliance Permit is consistent with the requirements in Ord. No. 131. The applicant must submit a complete development plan prior to the receipt of any building permits. Staff Comments The project plans were forwarded to staff and other agencies for comments prior to the August Planning Commission meeting. • Ramsey County o Applicant shall keep the intersection signal timing and ingress onto Scheuneman Road in mind as it relates to construction activities. • Department of Transportation (MnDOT) o MnDOT staff have not submitted comments at the time of drafting this report. • Vadnais Heights Watershed Management Organization (VLAWMO) City of Gem Lake Planning Commission Meeting Minutes September 10, 2024 4 | Page o The watershed will need to review any stormwater management plans for the development. o There are no wetlands are shown on site, therefore no wetland conservation act (WCA) permit needed. • Fire Department (City of White Bear Lake) o Applicant shall update apparatus accessibility information. o Request to move Fire Department Connection to the West facing side, ideally the SW corner.  This positions it near a fire hydrant and initial access point for Fire Apparatus. o A Fire Department Knox Box required. Location to be determined on-site. o Gate access. Fire Department Access to gate on East side of lot is required, powered “KNOX” opener. o Address numbers posted on West side of building. (Address side). o Fire Sprinkler and Alarms to be submitted by others. o Applicant shall verify parking lot weight capacity @ NE area with equipment underneath.  For reference: WBL Ladder trucks: GVWR 56,300lbs. GAWR Rear: 33,500lbs. • Building Inspector o The Building Inspector did not have any comments regarding the request. • Engineering o Engineering staff reviewed the submittal and provided their comments. See attached memo from SEH dated 8/23/24 for complete list of comments.  The project must obtain coverage under the MPCA’s CSW Permit.  Review and revise submittal as needed to comply with City Ordinance No. 131, Section 22.1. Erosion, Sediment, and Waste Controls.  Review and revise submittal as needed to comply with City Ordinance No. 131, Section 22.1. Stormwater Management. While there is no public hearing on the requests this month, Commission Chair Joshua Patrick asked the applicants if they had anything they would like to say regarding the requests. Phillps Architects & Contractors President David Phillips wanted to inform the commission that he heard their concerns regarding lighting and suggested that based on the recommendation’s city staff suggested that Mr. Phillips would suggest that the parking lot lighting would dim to 15% illuminance between the hours of 10 p.m. and 6 a.m. The Commission was very happy with that suggestion. City Planner Evan Monson recommend the Planning Commission approve all three (3) requests with following conditions: 1. Lot Line Adjustment. a. The proposed lot line adjustment between 3610 Highway 61 (Parcel ID 273022430031) & 3700 Highway 61 (Parcel ID 273022430019) shall adhere to the dimensions as proposed in the plans submitted to the City on 7/23/24 and reviewed with this request. b. The proposed lot line adjustment shall include legal descriptions for each parcel. c. The applicant shall dedicate a drainage and utility easement along the proposed realigned lot line, and around the storm sewer line. Said easement shall be at minimum 10 feet in width. d. The applicant shall dedicate an access easement to allow the north parcel (3700 Highway 61) to have continued access to Highway 61. e. The applicant shall record the lot line adjustment with Ramsey County within one year of the date when the request was approved by City Council. The applicant shall submit a revised survey to the City for review showing that conditions a, b, c, & d are met prior to recording. f. The applicant shall adhere to all applicable local, State, or Federal regulations. g. The applicant shall acquire any other applicable local, State, or Federal permits for this request. City of Gem Lake Planning Commission Meeting Minutes September 10, 2024 5 | Page 2. Zoning Ordinance Amendment. Staff recommend the Planning Commission recommend approval of the Zoning Ordinance Amendment Request to create the proposed Building Type Template 15a, with the edits as proposed by staff. 3. Zoning Compliance Permit. a. The applicant shall construct the proposed building and sales lot as per the plans submitted to the City on 07/23/2024 and reviewed with this application. i. The applicant shall revise their plans to address comments from the City Engineer dated 8/23/24, and comments from the watershed district. ii. The applicant shall revise their plans to meet the requirements and conditions of the Lot Line Adjustment between 3610 Highway 61 (Parcel ID 273022430031) & 3700 Highway 61 (Parcel ID 273022430019). b. The applicant may construct the proposed fencing shown on the site plan, with said fencing meeting the requirements of Section 16.13. and Building Type Template 15a. c. The applicant must dim sales lot and parking lot lighting to __% illuminance between the hours of 10pm and 6am. d. The applicant shall adhere to all applicable local, State, or Federal regulations. e. The applicant shall acquire any other applicable local, State, or Federal permits for this request. Commissioner Cummings introduced a motion to recommend approval of the lot line request to the City Council based on the recommended conditions by staff, seconded by Commissioner Pratt. Motion carried 3-.0 Commissioner Cummings introduced a motion to recommend approval of the zoning amendment request to the City Council based on the recommended conditions by staff, seconded by Commissioner Pratt. Motion carried 3-.0 Commissioner Cummings introduced a motion to recommend approval of the coning compliance request to the City Council based on the recommended conditions by staff and recommendation of Mr. Phillips, seconded by Commissioner Pratt. Motion carried 3-.0 New Business Ordinance No. 124B Hunting and Discharge of Weapons Graduate Community Planner CJ Sycks summarized the proposed changes to Ordinance No. 124B. The Commission requested archery turkey hunting be incorporated into the Hunting and Weapons Discharge Ordinance, No. 124B. Proposed changes were suggested for Section 4 of the ordinance to include language regarding turkey hunting and creating an item for archery deer hunting and archery turkey hunting within that section. The fee to be charged to archery turkey hunting was also discussed. Commission Chair Patrick felt that a $100.00 fee was too much for only being allowed to take one (1) turkey per MN hunting regulations. A $5.00 per hunter suggestion was made. The archery turkey hunting would follow the same city requirements as archery deer. Commission Chair Patrick also wanted to tighten up the language regarding the distance of the maximum shot to be taken. The current language is a little unclear and Commission Chair Patrick suggested language that would help make it clearer. Commissioner Cummings introduced a motion to recommend approval of the draft ordinance with the additional suggested changes to the City Council, seconded by Commissioner Pratt. Motion carried 3-0. Ordinance No. 48 Alarm Systems Graduate Community Planner CJ Sycks summarized the proposed changes to Ordinance No. 48. The City Council has tasked the Planning Commission with reviewing Ordinance No. 48 regarding Alarm Systems. Ord. No. 48 was adopted in August of 1987, and has not been amended since. The ordinance regulates the use of alarm systems, establishes user fees, and provides penalties for false alarms. The city of Gem Lake works with the city of White Bear Lake’s (WBL) Fire Department to respond to triggered fire alarms and the Ramsey County Sheriff's Department to respond to burglary/robbery alarms. Proposed updates include changes to definitions, user fees, alarm report and enforcement and penalties. Ms. Sycks shared what some City of Gem Lake Planning Commission Meeting Minutes September 10, 2024 6 | Page of the surrounding cities have in their ordinances. Acting City Clerk Melissa Lawrence had one suggestion based on the proposed changes. Mrs. Lawrence suggested that the user fee still be based on a calendar year and not a 12-month period. Reports received by the City from White Bear Lake are based on the calendar year and would make it easier to track the false alarms. The Commission wants to keep things simple and agreed with the Acting City Clerks suggestion. Commissioner Pratt introduced a motion to recommend approval of the draft ordinance with the additional suggested changes to the City Council, seconded by Commissioner Cummings. Motion carried 3-0. Fee Schedule Updates per Ordinance Suggested Changes Graduate Community Planner CJ Sycks summarized the proposed changes to the fee schedule. The City’s fee schedule currently includes False Alarm User fees within Section 12, Miscellaneous. 3-14 false alarms are $50.00/occurrence within a calendar year and $150.00 for 15+ false alarms/occurrence within a calendar year. Rather than raising fees like other communities, it is recommended by City Staff, that the “15+ False Alarms” be reduced to “7+ False Alarms” and false alarms are tracked by 12-month periods rather than calendar years. Again, Mrs. Lawrence suggested changing it to a calendar year instead of a 12-month period. Commissioner Pratt introduced a motion to recommend approval of the suggested fee schedule changes with the additional suggested change to the City Council, seconded by Commissioner Cummings. Motion carried 3-0. Open Items for Commission Members to Bring Up None Future Meetings City Council Meeting, Tuesday, September 17, 2024, at Heritage Hall, and Planning Commission Meeting, Tuesday, October 8, 2024, at Heritage Hall. Attendance Inquiry Commission Chair Patrick surveyed the Commission to see if any of the members would have any issues attending the October 8, 2024, meeting. At that time all those in attendance had no conflict. Adjournment There being no further business, following a motion from Commissioner Pratt, seconded by Commission Cummings, the meeting adjourned at 8:10 p.m. Respectfully submitted, Melissa Lawrence Memorandum To: Gem Lake Planning Commission Project Reference: Subsurface Sewage Treatment Systems (SSTS) Ordinance Review Copies To: Melissa Lawrence, City Clerk Kevin Beck, Attorney TKDA Project No.: 21076.000 From: CJ Sycks, Planner Client No.: Evan Monson, Planner Date: November 4, 2024 SUBJECT: Discussion regarding the Gem Lake Subsurface Sewage Treatment Systems (SSTS) Ordinance 67D MEETING DATE: November 12, 2024 ITEMS REVIEWED: Gem Lake Ordinance No. 67D, 2018 MPCA Documents, previous versions of the SSTS Ordinance OVERVIEW The City Council has tasked the Planning Commission with reviewing Ordinance No. 67D regarding Septic Systems. The ordinance was reviewed by city Planning staff, the city Building Inspector, and the MPCA, and has been drafted for amending. History of Ordinance 67D • Ord. No. 46 was adopted in August 1983 regulating “Seepage Disposal and the Design, Location, Installation, Renovation, Operation, Maintenance and Inspection of Individual Sewage Treatment Systems.” • Ord. No. 61 was adopted in May 1992 defining “bi-annual inspection and maintenance routines for on-site sewage disposal systems”. • Ordinances 46 and 61 were repealed by Ord. No. 67 in December 1997. Ord. No. 67 was replaced by Ord. No 67B in July 2004. • In July 2009, an amendment was made to 67B revising the annual inspection timeline (Ordinance No. 108) • Ord. No. 67B was repealed by Ord. No. 67C in April 2014. In August 2016, Ord. No. 67D was adopted to replace 67C. • Ord. No. 67D was reviewed in 2018 with the intention of adopting revisions. These changes were not officially adopted nor published. Ord. No. 67D as adopted in 2016 is still in effect. Minnesota Pollution Control Agency (MPCA) The MPCA requires all cities in the State to submit their ordinances regulating subsurface sewage treatment systems (SSTS) for review. Their review ensures all elements are included, and no State regulations are contradicted. Upon adoption of the ordinance by the City Council, the MPCA will be sent a copy for their record. In 2018, the City of Gem Lake submitted their Ordinance (67D) for review. The MPCA sent back edits and a list of missing elements; these updates were never adopted. Using the notes from the 2018 review, Staff updated 67D Gem Lake – SSTS Ordinance Updates Gem Lake Planning Commission Meeting 11/12/24 November 4, 2024 Page 2 and sent the updated version back to the MPCA. After receiving another round of review, Ord. No. 67D has been revised to comply with current requirements. PROPOSED AMENDMENTS Section Action Details TITLE Remove “to the city of gem lake municipal code” Definitions Add 30 Definitions for clarification and consistency with MN State Rules. Replace Flood Plain. changed “the City Floodplain Flood Hazard Ordinance” to “Ordinance No. 114” Remove Per MPCA guidance, the term ‘As-Builts’ can replace the term “Record Drawings.” Upgrade, Repair, Replacement, and Abandonment. Add “Failure to Protect Groundwater. A SSTS that is determined to be failing to protect groundwater in accordance with Minnesota Rules, Chapter 7080.1500, Subd. 4B shall by upgraded, repaired, replaced, or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. In the event of a system failing to protect groundwater, a mitigation plan will be submitted to the department immediately upon discovery. If the Department determines that extenuating circumstances exist, this timeframe may be extended to ten (10) months from receipt of a Notice of Noncompliance.” Amendments to the Adopted Standards - Setbacks Add “Variances to building setbacks included in Minnesota Rules, Chapter 7080 and 7081 may only be considered through the normal variance process as outlined in the City’s Zoning Ordinance (Ordinance No. 131). Variances to shoreland setbacks may be considered through the Shoreland section of the City’s Zoning Ordinance” Amendments to the Adopted Standards Replace Replaced “licensed Minnesota Professional Engineer” with “an appropriately licensed business, an appropriately certified qualified employee, or a person exempted under part 7083.0700, subpart 1., who is also licensed by the MPCA as an Advanced Designer” in order to comply with MN Rule Chapter 7082. Multiple instances Replace “licensed inspection business” with “a licensed service provider” “service provider or qualified employees” with “inspector” Abrogation and greater Restrictions Replace “It is not intended by this Ordinance to repeal, abrogate, or impair any other existing City Ordinance, easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail” with “This Ordinance Replaces Ordinance No. 67C in its entirety.” Gem Lake – SSTS Ordinance Updates Gem Lake Planning Commission Meeting 11/12/24 November 4, 2024 Page 3 CERTIFICATE OF COMPLIANCE APPLICATION FORM For SSTS replacement, sale of property, new construction, a bedroom addition, and/or a holding tank addition, a Septic System Certificate of Compliance (CoC) is required. A CoC is granted administratively to the owner of the system. They must submit property owner identification, the date of inspection, a management plan, a vertical separation distance report, and a certified statement indicating the SSTS is in compliance with the City’s Ordinance requirements. RECOMMENDATION The Commission should review the draft ordinance. If the Commission desires additional amendments, direction regarding ordinance changes should be provided to staff. Staff recommends the Planning Commission recommend approval of the proposed amendments to Ordinance Number 67D to the City Council. Attachments: 1. Ordinance 67D – SSTS – DRAFT – Redlined & Clean 2. Gem Lake – Septic System CoC Application CIS:epm 1 City of Gem Lake, Ramsey County, Minnesota Individual Septic Systems Ordinance No. 67D AN ORDINANCE TO THE CITY OF GEM LAKE MUNICIPAL CODE REGARDING SUBSURFACE SEWAGE TREATMENT SYSTEMS (SSTS). The City Council of the City of Gem Lake does ordain as follows: The City Council of the City of Gem Lake approves the following addition to the Gem Lake Code of Ordinances. This Ordinance replaces Ordinance No. 67C in its entirety. Section 1. Introduction. This is an Ordinance authorizingauthorizing and providingproviding for sewage treatment and soil dispersal in unsewered areas of the Citycity. It establishes: 1. Minimum standards for an regulation of Individual Sewage Treatment Systems (ISTS) and mid-sized Subsurface Sewage Treatment Systems (MSTS) (collectively referred to as SSTS) in unsewered areas of the City of Gem Lake incorporating by reference minimum standards established by Minnesota Statutes and administrative rules of the Minnesota Pollution Control Agency (MPCA);). 2. Requirements for issuing permits for installation, alteration, repairrepair, or expansion of SSTS;SSTS. 3. Requirements for all SSTS permitted under the revised Minnesota Rules, Chapters 7080 and 7081 to be operated under an approved management plan;. 4. Standards for upgrade, repair, replacement, or abandonment of SSTS.; 5. Penalties for failure to comply with these provisions.; 6. Provisions for enforcement of these requirements, and;. 7. Standards which promote the health, safety and welfare of the public as reflected in Minnesota Statutes, Sections 115.55, 145A.05, the City Comprehensive Plan , and the City Zoning Ordinance. Section 2. Title, PurposePurpose, and Intent. 1. Title. The City ordains the City Code theThis ordinance may be referred to as “City of Gem Lake Subsurface Sewage Treatment (SSTS) Ordinance” or “Septic Ordinance..” 2. Purpose. The purpose of this Ordinance is to establish minimum requirements for regulation of ISTS and MSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the City 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 City’s citizens by protecting its health, safety, general welfare, and natural resources. 3. Intent. It is intended by the Citycity that this Ordinance will promote the following: 1. The protection of lakes, rivers and streams, wetlands, and groundwater in the City of Gem Lake essential to the promotion of public health, safety, welfare, socioeconomic growthgrowth, and development of the Citycity. 2. The regulation of proper SSTS construction, reconstruction, repairrepair, and maintenance to prevent the entry and migration of contaminants, thereby protecting against the degradation of surface water and groundwater quality. 3. The establishment of minimum standards for SSTS placement, design, construction, reconstruction, repairrepair, and maintenance to prevent contamination and, if contamination is Formatted: Font: 10 pt 2 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 complain investigations to prevent or control water-borne diseases, lake degradation, groundwater related hazards, and public nuisance conditions. Section 23. Authority. This Ordinance is adopted pursuant to Minnesota Statutes, Section 115.55; Minnesota Statutes, Section 145A.05; or successor Statutes, and Minnesota Rules, Chapter 7080, Chapter 7081, Chapter 7082, or successor rules. Section 34. Effective Date. The provisions set forth in this Ordinance shall become effective on passage by the City Council. Section 45. Definitions. The following words and phrases shall have the meanings ascribed to them in this Section. If not specifically defined in this Section, terms used in this Ordinance shall have the same meaning as provided in the standards adopted by reference. Words or phrases that are not defined here or in the standards adopted by reference shall have common usage meaning. For purposes of this Ordinance, the words “must” and “shall” are mandatory and the words “may” and “should” are permissive. 1. Absorption Area. The design parameter that is associated with the hydraulic acceptance of effluent. The absorption area for mound systems is the original soil below a mound system that is designed to absorb sewage tank effluent. The absorption area for trenches, seepage beds, and at-grade systems is the soil area in contact with the part of the distribution medium that is designed and loaded to allow absorption of sewage tank effluent. This includes both bottom and sidewall soil contact areas. 2. Authorized Representative. An employee or agent of the City of Gem Lake.As-Builts. A set of drawings which to the fullest extent possible document the final as built location, size, and type of all SSTS components including the results of any materials testing performed and a description of conditions during construction of the system. 3. At-grade System. A pressurized soil treatment and dispersal system where sewage tank effluent is dosed to an absorption bed that is constructed directly on original soil at the ground surface and covered by loamy soil materials. 4. Authorized Representative. An employee or agent of the City of Gem Lake. 5. Bedrock. Geologic layers, of which greater than 50 percent by volume consist of unweathered in -place consolidated rock or rock fragments. Bedrock also means weathered in -place rock which cannot be hand augered or penetrated with a knife blade in a soil pit. 6. Bedroom. For the sole purpose of estimating design flows from dwellings, an area that is: 1. aA room designed or used for sleeping; or 2. aA room or area of a dwelling that has a minimum floor area of 70 square feet with access gained from the living area or living area hallway. Architectural features that affect the use as a bedroom under this item may be considered in making the bedroom dete rmination. 7. Carbonaceous Biochemical Oxygen Demand or CBOD5. The measure of the amount of oxygen required by bacteria while stabilizing, digesting, or treating the organic matter under aerobic conditions over a five-day incubation period while in the presence of a chemical inhibitor to block nitrification. CBOD is commonly expressed in milligrams per liter (mg/l). Formatted: Font: Not Bold 3 8. Certificate of Compliance. A document, written after a compliance inspection, certifying that a system is in compliance with applicable requirements at the time of the inspection. 9. Certified. - aAn individual who is included on the agency’s certification list and is qualified to perform appropriate tasks associated with the certification. 10. Certified Statement. A statement signed by a certified individual, apprentice, or Qqualified Eemployee under Minnesota Rules, cChapter 7083 certifying that the licensed business or qQualified Eemployee completed work in accordance with applicable requirements. 11. Cesspool. An underground pit, receptacle, or seepage tank that receives sewage directly from a building sewer and leaches sewage into the surrounding soil, bedrock, or other soil materials. Cesspools include sewage tanks that were designed to be watertight, but subsequently leak below the designed operating depth. 1.12. Class V Injection Well. A shallow well used to place a variety of fluids directly below the land surface, which includes a domestic SSTS serving more than twenty (20) people. The U.S. Environmental Protection Agency (EPA) and delegated state groundwater programs permit these wells to inject wastes below the ground surface provided they meet certain requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells and large-capacity cesspools are specifically prohibited (see 40 CFR Parts 144 & 146). 2.13. Cluster System. A SSTS under some form of common ownership that collects wastewater from two or more dwellings or buildings and conveys it to a treatment and dispersal system located on an acceptable site near the dwellings or buildings. 3.14. City. City of Gem Lake, Ramsey County, Minnesota. 4.15. City Council. The City of Gem Lake City Council. 5.16. Department. The City of Gem Lake Department designated by the City Council to administer SSTSthis ordinance. 6.17. Design Flow. The daily volume of wastewater for which a SSTS is designed to treat and discharge. 18. Dwelling. Any building with provision for living, sanitary, and sleeping facilities. 7.19. Flood Plain. The channel or beds proper and the areas adjoining a wetland, watercoursewatercourse, or lake which a regional flood may have or could hereafter cover. Floodplain areas within the City shall include all areas shown as Zone A or Zone AE on the flood insurance rate map. Refer to the City Floodplain Flood Hazard OrdinanceGem Lake City Ordinance No. 114 for further definitions. 8.20. Failure to Protect Groundwater. At a minimum, a SSTS that does not protect groundwater is considered to be a seepage pit, cesspool, drywell, leaching p iut, or other putpit; a SSTS with less than the required vertical separation distance, described in Minnesota Rules, Chapter 7080.1500 Subd. 4 D and E; and a system not abandoned in accordance with Chapter 7080.2500. The determination of the threat to groundwater for other conditions must shall be made by a Qualified Employee or an individual SSTS- licensed inspection business pursuant to Section 40-237 hereof. 21. Hazardous Waste. Any substance that, when discarded, meets the definition of hazardous waste in Minnesota Statutes, section 116.06, subdivision 11. 22. Holding Tank. A tank for storage of sewage until it can be transported to a point of treatment and dispersal. Holding tanks are considered a septic system tank under Minnesota Statutes, section 115.55. 4 9.23. Imminent Threat to Public Health and Safety. At a minimum a SSTS with a discharge of sewage or sewage effluent to the ground surface, drainage systems, ditches, storm water drains, or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other establishment; SSTS with electrical hazards; or sewage tanks with unsecured, damaged, or weak maintenance access covers. The determination of protectiveness for other conditions must be made by a Qualified Employee or a SSTS inspection business. 10.24. ISTS. An individual sewage treatment system having a design flow no more than 5,000 gallons per day. 5 11.25. Industrial Waste. Sewage containing waste from activities other than sanitary waste from industrial activities including, but not limited to, the following uses defined under the Standard Industrial Classification (SIC) Codes established by the U.S. Office of Management and Budget: SIC Code(s) Industry Category 753-7549 Automotive Repairs and Services 7231-7241 Beauty Shops, Barber Shops 7211-7219 Laundry Cleaning and Garment Services 4011-4581 Transportation (Maintenance Only) 8062-8069 Hospitals 2000-3999 Manufacturing 2000-2099 Food Products 2100-2199 Tobacco Products 2400-2499 Lumber and Wood Products, except Furniture 2500-2599 Furniture and Fixtures 2600-2699 Paper and Allied Products 2700-2799 Printing, Publishing, and Allied Industries 2800-2899 Chemicals and Allied Products 2900-2999 Petroleum Refining and Related Industries 3000-3099 Rubber and miscellaneous Plastics 3100-3199 Leather Tanning and Finishing 3200-3299 Stone, Clay, Glass, and Concrete Products 3300-3399 Primary Metal Industries 3400-3499 Fabricated Metal Products (except Machinery, and Transportation Equipment) 3500-3599 Industrial and Commercial Machinery and Computer Equipment 3700-2799 Transportation Equipment 3800-3899 Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks 3900-3999 Miscellaneous Manufacturing Industries Formatted: Line spacing: Exactly 10.1 pt 6 26. Lot. A parcel of land in a plat recorded in the office of the county recorder or registrar of titles or a parcel of land created and conveyed, using a specific legal description, for a building site to be served by an ISTS. 12.27. Malfunction. The partial or complete loss of function of a SSTS component, which requires a corrective action to restore its intended function. 13.28. Management Plan. A plan that describes necessary and recommended routine operational and maintenance requirements, periodic examination, adjustment, and testing, and the frequency of each to ensure system performance meets the treatment expectations, including a planned course of action to prevent an illegal discharge. 14.29. MDH. Minnesota Department of Health. 30. Minor Repair. The repair or replacement of an existing damaged or faulty component/part of a SSTS that will return the SSTS to its operable condition. The repair shall not alter the original area, dimensions, design, specificationsspecifications, or concept of the SSTS. 15. Mound System. A soil treatment and dispersal system designed and installed such that all of the infiltrative surface is installed above grade, using clean sand between the bottom of the infiltrative surface and the original ground elevation, utilizing pressure distributiondistribution, and capped with suitable soil material to stabilize the surface and encourage vegetative growth. 31. MPCA. Minnesota Pollution Control Agency. 16.32. MSTS. A “midsized subsurface sewage treatment system” under single ownership that receives sewage from dwellings or other establishments having a design flow of more than 5,000 gallons per day to a maximum of 10,000 gallons per day. 17.33. Notice of Noncompliance. A written document issued by the Department notifying a system owner that the owner’s onsite/cluster treatment system has been observed to be noncompliant with the requirements of this Ordinance. 18.1. MPCA. Minnesota Pollution Control Agency. 34. Original Soil. Naturally occurring soil that has not been cut, filled, moved, smeared, compacted, altered, or manipulated to the degree that the loading rate must be reduced from that associated with natural soil conditions. 35. Periodically Saturated Soil. The highest elevation in the soil that is in a reduced chemical state due to soil pores filled or nearly filled with water causing anaerobic conditions. Periodically saturated soil is determined by the presence of redoximorphic features in conjunction with other established indicators as specified in part 7080.1720, subpart 5, items E and F, or determined by other scientifically established technical methods or empirical field measurements acceptable to the permitting authority in consultation with the commissioner. 36. Pressure Distribution. A network of distribution pipes in which effluent is forced through orifices under pressure. 37. Privy. An above-ground structure with an underground cavity meeting the requirements of part 7080.2280 that is used for the storage or treatment and dispersal of toilet wastes, excluding water for flushing and gray water. A privy also means a nondwelling structure containing a toilet waste treatment device. 19.38. Qualified Employee. An employee of the state or local unit of government, who performs site evaluations or designs, installs, maintains, pumps, or inspects SSTS as part of the individual’s employment duties and is registered on the SSTS professional register verifying special ty area 7 endorsements applicable to the work being conducted. 39. Replacement. The removal or discontinued use of any major portion of an ISTS and reinstallation of that portion of the system, such as reinstallation of a new sewage tank, holding tank, dosing chamber, privy, or soil dispersal system. Record Drawings. A set of drawings which to the fullest extent possible document the final as built location, size, and type of all SSTS components including the results of any materials testing performed and a description of conditions during construction of the system. 40. Seepage Bed. A soil treatment and dispersal system, the absorption width of which is greater than three feet but no greater than 25 feet. 41. Seepage Pit. An underground pit that receives sewage tank effluent and from which the liquid seeps into the surrounding soil and that meets the design requirements in part 7080.2550. 42. Septage. Solids and liquids removed from an SSTS and includes solids and liquids from cesspools, seepage pits, other pits, or similar systems or devices that receive sewage. Septage also includes solids and liquids that are removed from portable, incinerating, composting, holding, or other toilets. Waste from Type III marine sanitation devices, as defined in Code of Federal Regulations, title 33, section 159.3, and material that has come into contact with untreated sewage within the past 12 months is also considered septage. 43. Setback. A separation distance measured horizontally. 44. Sewage. Waste from toilets, bathing, laundry, or culinary activities or operations or floor drains associated with these sources, including household cleaners and other constituents in amounts normally used for domestic purposes. 45. Site. The area required for the proper location of the ISTS. 46. Slope. The vertical rise or fall divided by the horizontal distance, expressed as a percentage. 20.47. Soil Dispersal System. A system where sewage effluent is dispersed into the soil for treatment by absorption and filtration and includes, but is not limited to, trenches, seepage beds, at -grade systems, mound systems, and drip dispersal systems. 21.48. SSTS. Subsurface Sewage Treatment System, including an ISTS or MSTS. 22.49. State. The State of Minnesota.e Formatted: Font: 10 pt 8 50. Toilet Waste. Waste commonly disposed of in toilets, including fecal matter, urine, toilet paper, and water used for flushing. 23.51. Treatment Level. Treatment system performance levels defined in Minnesota Rules, Chapter 7083.4030, Table III for testing of proprietary treatment products, which include the following: Level Parameters CBOD5 TSS O&G FC Nutrient (mg/l) (mg/l) (mg/l) (#/100ml) (mg/l) A 15 15 - 1,000 - A-2 15 15 - - - B 25 30 - 10,000 - B-2 25 30 - - - C 125 60 - - - 52. Trench. A soil treatment and dispersal system, the absorption width of which is 36 inches or less. 24.53. Type I System. An ISTS that follows a standard trench, bed, at-grade, mound, or graywater system design in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2200 through 7080.2240. 25.54. Type II System. An ISTS on a lot located in a floodplain, a privy or a holding tank in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2250 through 7080.2290. 26.55. Type III System. An ISTS having acceptable flow restriction devices to allow its use on a lot that cannot accommodate a standard Type I soil treatment and dispersal system in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2300. 27.56. Type IV System. An ISTS, having an approved pretreatment device and incorporating pressure distribution and dosing, that is capable of providing suitable treatment for use where the separation distance to a shallow saturated zone is less than the minimum allowed in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2350 28.57. Type V System. An ISTS, which is a custom engineered design to accommodate the site taking into account pretreatment effluent quality, loading rates, loading methods, groundwater mounding, and other soil and other relevant soil, site, and wastewater characteristics such that groundwater contamination by viable fecal organisms is prevented in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2400. 58. Unsewered Area. Any area within the Citycity not served by a municipal sanitary sewer collection system permitted by the MPCA. 59. Wellhead Protection Area. The surface and subsurface area surrounding a well or well field that supplies a public water system, through which contaminants are likely to move toward and reach the well or well field as regulated under Minnesota Rules, cChapter 4720. For the purposes of this chapter, wellhead protection area is that area bounded by the drinking water supply management area as regulated under cChapter 4720. Formatted Table 9 Section 6. Scope. This Ordinance regulates the sitting, design, installation, alterations, operation, maintenance, monitoring, and management of all SSTS within the City’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 City shall be treated and dispersed by an approved SSTS that is sited, designed, installed, operated, and maintained in accordance w ith the provisions of this Ordinance or connected to municipal sanitary sewer when it is available in accordance with the City Sanitary Sewer Ordinance. The City Engineer, or his or her designee, shall determine if municipal sanitary sewer is available. Section 7. Jurisdiction. The jurisdiction of this Ordinance shall include all property within the City limits. Section 8. Administration. 1. City Administration. The department shall administer the SSTS program and all provisions of this Ordinance. At appropriate times, the City shall review or revise or update this Ordinance as necessary. The City shall employ or retain under contract qualified and appropriately licensed professionals to administer and operate the SSTS program. 2. State of Minnesota. 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, the owner or owners shall make application for and obtain a State Disposal System permit from the MPCA. For any SSTS that has a measured daily flow for a consecutive seven-day period which equals or exceeds 10,000 gallons per day, a State Disposal System permit is required. SSTS serving establishments or facilities licensed or otherwise regulated by the State shall conform to the requirements of this Ordinance. Section 9. Liability. Any liability or responsibility shall not be imposed upon the City or any of its officials, employees, or other contract agent, its employees, agents or servants thereof for damage resulting from the defective construction, operation, or abandonment of any SSTS regulated under this rule by reason of standards, requirements, or inspections authorized hereunder. Section 10. Measurement of Distances. Unless otherwise specified in this division, all distances shall be measured horizontally. Section 11. Interpretation of Certain Items. For the purposes of this division, certain terms or words shall be interpreted as follows: The words “shall” and “must” are mandatory; the words “should” and “may” are permissive. Section 12. Retroactivity. 1. All SSTS. Except as explicitly set forth in part (2), all provisions of this Ordinance shall apply to any SSTS regardless of the date it was originally permitted. 2. 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 expiration date or until a change in system ownership whichever is earlier. 3. Two (2) Soil Treatment and Dispersal Areas. All unsewered lots created after January 23, 1996, must have a minimum of two (2) soil treatment and dispersal area that can support trenches, seepage beds, mounds, and at-grade systems as described in Minnesota Rules, Chapters 7080.2200 through 7080.2230 or site conditions described in Chapter 7081.0270, Subd. 3 through 7. If an additional soil treatment and dispersal area is available on lots created on or before January 23, 1996, it shall be identified in the site evaluation. 4. Existing SSTS without Permits. Existing SSTS with no permits of record shall require a permit and be brought into compliance with the requirements of this Ordinance regardless of the date they were originally constructed. Section 13. Upgrade, Repair, Replacement, and Abandonment. 10 1. SSTS Capacity Expansions. Expansion of an existing SSTS must include any system upgrades that are necessary to bring the entire system into compliance with the prevailing provisions of this Ordinance at the time of expansion. 2. Bedroom Additions. A compliance inspection is required prior to issuance of a permit for a bedroom addition. If the system is found to be non-compliant, the owner shall upgrade, repair, or replace the existing system prior to issuance of the permit for the bedroom addition. 3. Imminent Threat to Public Health or Safety. A SSTS that is determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Chapter 7080.1500, Subd. 4A shall by be upgraded, repaired, replacedreplaced, or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. In the event of an imminent threat to Public Health or Safety, a mitigation plan will shall be submitted to the department immediately upon discovery. The mitigation plan shall immediately abate the Imminent Threat to Public Health and safety. If the Department determines that extenuating circumstances exist, this timeframe may be extended to ten (10) months from receipt of a Notice of Noncompliance. 3.4. Failure to Protect Groundwater. A SSTS that is determined to be failing to protect groundwater in accordance with Minnesota Rules, Chapter 7080.1500, Subd. 4 B shall by upgraded, repaired, replacedreplaced, or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. In the event of a system failing to protect groundwater, a mitigation plan willshall be submitted to the department immediately upon discovery. If the Department determines that extenuating circumstances exist, this timeframe may be extended to ten (10) months from receipt of a Notice of Noncompliance. 4.5. Abandonment. Any SSTS, or any component thereof, which is no longer intended to be used, must be abandoned in accordance with Minnesota Rules, Chapter 7080.2500. Section 14. SSTS in Floodplains. SSTS shall not be located in a floodplain. Section 15. Class V Injection Wells. All owners of new or replacement SSTS that are considered to be class V injection wells, as defined in the Code of Federal Regulations (CFR), Title 40, Part 144, are required by the Federal Government to submit SSTS inventory information to the Environme ntal Protection Agency as described in CFR40, Part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures. Section 16. SSTS Practitioner Licensing. No person shall engage in sire evaluations, inspection, design, installation, construction, alteration, extension, repair, maintenance, or pumping of SSTS without an appropriate and valid license issued by the MPCA in accordance with Minnesota Rules, Chapter 7083 except as exempted in 7083.0700. Section 17. Prohibitions. 1. 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 in an unsewered area that is not provided with a wastewater treatment system that disposes of wastewater in a manner that complies with the provisions of this Ordinance. 2. Sewage Discharge to Ground Surface or Surface Water. It is unlawful for any person to construct, maintain, or use any SSTS system regulated 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 program by the MPCA. 3. 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 Minnesota Rules, Chapter 4725.2050, or any other excavation in the ground that is not in compliance with this Ordinance. 4. Discharge of Hazardous or Deleterious Materials. It is unlawful for any person to discharge into any 11 treatment system regulated under this Ordinance any Industrial Waste, or hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality. Section 18. Standards Adopted by Reference. The City hereby adopts by reference Minnesota Rules, Chapters 7080, 7081, 7082 and 7083 in their entirety as now constituted and from time to time amended. This adoption does not supersede the City’s right or ability to adopt local standards that are in compliance with Minnesota Statute 115.55. Section 19. Amendments to the Adopted Standards. 1. Determination of Hydraulic Loading Rate and SSTS Sizing. Table IX from Minnesota Rules, Chapter 7080.2150, Subd. 3E 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 from Minnesota Rules, Chapter 7080.2150 are herein adopted by reference shall be used to determine the hydraulic loading rate and infiltration area for all SSTS permitted under this Ordinance. 2. Compliance Criteria for Existing SSTS. SSTS built after March 31, 19961996, or existing SSTS located in a Shoreland area, existing Wwellhead Protection area, or serving food, beverage, or lodging establishment as defined under Minnesota Rules, Chapter 7080.1100, Subd. 84 shall have a three (3’) 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 fifteen (15%) per cent reduction in this separation distance (a separation distance no less than 30.6 inches) to account for settling of sand or soil, normal variation of separation distance measurements and interpretation of limiting layer characteristics may be considered compliant under this Ordinance. The vertical separation measurement shall be made outside the area of system influence but in an area of similar soil. Minnesota Rules, Chapter 7080.1500, Subd. 4. 3. Holding Tanks. Sewage holding tanks may be considered for installation on previously developed sites, as a temporary method for periods of up to one (1) year, during which time measures are being taken to provide municipal sewer service or the installation of an approved system as provided in this Ordinance. Holding tanks may be considered on a permanent basis for nonresidential, low-waterlow water use establishments generating less than one hundred fifty (150) gallons per day of waste, subject to approval by the department and the issuance of a Ccertificate of Ccompliance. Holding tanks may also be considered for floor drains for vehicle parking area and existing facilities potentially generating hazardous waste. 4. Setbacks. The following setback requirements are in addition to the setback required in Table VII in Minnesota Rules, Chapter 7080.2150.F: Table VII Minimum Setback Distances (feet) Feature Sewage tank, holding tank, or sealed privy Absorption area or unsealed privy Above-ground Swimming Pools 10 10 In-ground Swimming Pools 10 20 Shoreland Bluff Lines (18% slope) 20 20 12 The following setback requirements are in addition to the setbacks required in Table II Minnesota Rules, Chapter 7081.0270 Subpart 2: Table II Minimum Setback Distances (feet) Feature Sewage tank, holding tank, or sealed privy Absorption area or unsealed privy Above-ground Swimming Pools 10 10 In-ground Swimming Pools 10 20 Shoreland Bluff Lines (18% slope) 20 20 Variances to building setbacks included in Minnesota Rules, Chapter 7080 and 7081 may only be considered through the normal City variance process as outlined in the City’s Zoning Ordinance (Ordinance No. 131). Variances to shoreland setbacks may be considered through the Shoreland section of the City’s Zoning Ordinance. Variances to well and water line setbacks are governed by the MDH. 5. Licensed Professional Engineer Required.Designer Requirement. The design of the SSTS regulated under Minnesota Rules, Chapter 70821 shall be completed by a an appropriately licensed business, an appropriately Ccertified qualified employee, or a person exempted under part 7083.0700, subpart 1.licensed Minnesota Professional Engineer, who is also licensed by the MPCA as an Advanced Designer. Section 20. Variance Requests. A property owner may request a variance from the standards as specified in this Ordinance pursuant to the requirements provided in Minnesota Rules, Chapter 7080 and 7081.Minnesota State Statutes. The City shall consider the requirements of Minnesota Rules, Chapter 7082.0300, Subd, 2 and 3 when considering such variances. 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. Section 21. Permit Required. It is unlawful for any person to construct, install, modify, replace, or operate a SSTS without the appropriate permit from the Department. The issuing of any permit, variance, or conditional use under the provision of this Ordinance shall not absolve the applicant of responsibility to obtain any other required permit. Section 22. Construction Permit. A construction permit shall be obtained by the property owner or an agent of the property owner from the Department prior to the installation, construction, replacement, modification, alteration, repair, or capacity expansion of a SSTS. The purpose of this permit is to ensure that the proposed construction activity is site, designed, and constructed in accordance with the provisions of this Ordinance by appropriately certified and/or licensed practitioner(s). 1. Activities Requiring a Construction Permit. A construction permit is required for installation of a new SSTS, for replacement of an existing SSTS, or for any repair or replacement of components that will alter the original function of the system, change the treatment capacity of the system, change t he location of the system, or otherwise change the original system’s design, layout, or function. 13 2. Activities Not Requiring a Permit. A construction 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 orig inal system’s design, layout, or function. 3. Construction Permit Required to Obtain Building Permit. For any property on which a SSTS permit is required, approval and issuance of a valid SSTS Construction Permit must be obtained before a building or land use permit may be issued by the Department. 4. Conformance to Prevailing Requirements. Any activity involving an existing system that requires a Construction Permit shall require that the entire system be brought into compliance with this Ordinance. 5. Permit Application Requirements. Construction Permit applications shall be made on forms provided by the Department and signed by the applicant and appropriately cCertified practitioner including the practitioner’s certification number and date of expiration. The applications shall include the documents listed in items 1 through 8 below: 1. The Correct address and legal description of the property where the proposed work is to take place. 2. The name and contact information (mailing address, telephone number, and email address) of the property owner. 3. The name, contact information, and MPCA License Number of the SSTS Designer responsible for the system design. 4. Site Evaluation Report as described in Minnesota Rules, Chapter 7080.1730 and on the Department’s permit application. 5. Design Report described in Minnesota Rules, Chapter 7080.2430 and on the Department’s permit application. 6. Site Plan(s) for the existing and proposed system. 7. Management Plan as described in Minnesota Rules, Chapter 7082.0600. 8. Permit Fee. 6. Application Review and Response. The Department shall review a permit application and supporting documents. Upon satisfaction that the proposed work will shall conform to the provisions of this Ordinance, the Department shall issue a written permit authorizing construction of the SSTS as designed. In the event the applicant makes a significant change to the approved application, the applicant must contact the Department prior to initiating or continuing construction, modification, or operation to determine whether and amended application will shall be necessary, as determined by the Department. If determined necessary, the applicant shall file an amended application detailing the changed conditions for approval prior to initiating or continuing construction, modification, or operation for approval or denial. If the permit application is incomplete or does not meet the requirements of this Ordinance the Department shall deny that application. A notice of denial shall be provided to the applicant, which must state the reason for denial. 7. Permit Expiration. The Construction Permit is valid for a period of no more than one year from its date of issue. 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 a reasonable conformance with the approved design documents by a qualified employee of the Department and independent of the owner and the SSTS installer. 8. Extensions and Renewals. The Department may grant an extension of the Construction Permit if the construction has commenced prior to the original expiration date of the permit. The permit may be extended 14 for a period of no more than six (6) months. 9. Transferability. A construction Permits shall not be transferred to a new owner. The new owner must apply for a new Construction Permit in accordance with this section. 10. Suspension or Revocation. The Department may suspend or revoke a Construction Permit issued under this section for any false statements, misrepresentations of facts on which the Construction Permit was issued, or unauthorized changes to the system design that alter the original function of the system as determined by the Department, change the treatment capacity of the system, change the location of the system, or otherwise change 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 suspended or revoked, installation or modification of a treatment system may not commence or continue until a valid Construction Permit is obtained. 11. Posting. The Construction Permit shall 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. Section 23. Operating Permit. 1. SSTS Requiring and Operating Permit. An Operating Permit shall be required of all owners of new holding tanks, Type IV Systems, Type V Systems, MSTS, or any other system deemed by the Department to require operational oversight. Sewage shall not be discharged to these systems until the Department certifies that the system was installed in substantial conformance with the approved plans, receives the final record drawings of the system, and a valid Operating Permit is issued to the owner. 2. Permit Application Requirements. 1. Application for an Operating Permit shall be made on a form provided by the Department including: 1. Owner name, mailing address, telephone, and email addressaddress. 2. Construction Permit reference number and date of issue. 3. Final record drawings of the treatment system. 4. Owners of holding tanks must submit a copy of a valid executed monitoring and disposal contract with a service provider unless they are only pumping tanks.licensed maintenance business 2. Owners of holding tanks shall provide to the Department 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 in accordance with Minnesota Rules, Chapter 7082.0100, Subd. 3G. This requirement is waived if the owner is a farmer who is exempt from licensing under Minnesota Statutes, section 115.56, subdivision 3, paragraph (b), clause (3). 3. All SSTS existing prior to the effective date of this Ordinance shall require an operating permit upon transfer of ownership, replacement, any modification or expansion that requires a permit, or following any SSTS enforcement action. 3. Department Response. The Department shall review the record drawingsas-builts, site plans, 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. 4. Operating Permit Terms and Conditions. The Operating Permit shall include the following: 15 1. System performance requirements. 2. System operating requirements. 3. Monitoring locations, procedures and recording requirements. 4. Maintenance requirements and schedules. 5. Compliance limits and boundaries. 6. Reporting requirements. 7. Department notification requirements for non-compliant conditions. 8. Valid contract between the owner and a licensed maintenance business. 9. Disclosure, location and condition of acceptable soil treatment and dispersal system site. 10. Descriptions of acceptable and prohibited discharges. 5. Permit Expiration and Renewal. 1. Operating Permits shall be valid for the specific term stated on the permit as determined by the Department. 2. An Operating Permit must be renewed prior to its expiration. If not renewed, the Department may require the system to be removed from service or operated as a holding tank until the permit is renewed. If not renewed within ninety (90) calendar days of the expiration date, the City may require that the system be abandoned. 3. Application shall be made on a form provided by the Department including: 1. Applicant name, mailing address, telephone, and email address. 2. Reference number of previous owner’s Operating Permit. 3. Any and all outstanding Compliance Monitoring Reports as required by the Operating Permit. 4. Certified treatment system inspection signed and/or sealed by a certified Certified designer, maintenance contractor, or operator at the discretion of the cCity. 5. Any revisions made to the operation and maintenance manual. 6. Payment of application review fee as determined by the Citycity. 6. Amendments to Existing Permits not Allowed. The City may not amend an existing permit to reflect changes in this Ordinance until the permit term has expired and is renewed, unlessrenewed unless an amendment is necessary to eliminate an imminent threat to public health or safety. 7. Transfers. The Operating Permit may not be transferred. A new owner shall apply for an Operating Permit. The Department shall not terminate the current permit until sixty (60) calendar days after the date of sale unless an imminent threat to public health and safety exists. To consider the new owner's application, the Department may require a performance inspection of the treatment system certified by a service provider or Qqualified eEmployee. 16 8. Suspension or Revocation. 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. Notice of suspension revocation and the reasons for revocation shall be co nveyed 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 40 -276. At the Department's discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions. 9. Compliance Monitoring. 1. Performance monitoring of a SSTS shall be 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 monitoring report shall be prepared and certified by the a licensed inspection business or licensed service provider. The 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 ser vicing activities performed since the last compliance monitoring report as described below: 1. Owner name, mailing address, telephone, and email address. 2. Operating Permit number. 3. Average daily flow since last compliance monitoring report. 4. Description of type of maintenance and date performed. 5. Description of samples taken (if required), analytical laboratory used, and results of analyses. 6. Problems noted with the system, and actions proposed or taken to correct themthem. 7. Name, signature, license and license number of the licensed professional who performed the work. Section 24. Abandonment Certification. 1. Purpose. The purpose of the System Abandonment Certification is to ensure that a treatment system no longer in service is abandoned within a reasonable time following decommissioning and in a manner that protects public health, safetysafety, and water quality. It also terminates all permits associated with the system. 2. 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 a SSTS must retain a licensed installation business to abandon all components of the treatment system within sixty (60) calendar days of discontinued use. Abandonment shall be 17 completed in accordance with Minnesota Rules, Chapter 7080.2500. No prior notification to the Department of an owner's intent to abandon a system is necessary. 4. A report of abandonment certified by the licensed installation business shall be submitted to the Department. The report shall include: 1. Owner’s name, mailing address, telephone, and email address. 2. Property address. 3. System construction permit and operating permit. 4. The reason(s) for abandonment. 5. 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. 3. Abandonment Certificate. Upon receipt of an abandonment report and its 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 accordingaccording to the requirements of this Ordinance the City shall notify the owner of the SSTS of the deficiencies, which shall be corrected within thirty (30) calendar days of the notice. Section 25. Management Plans. 1. Purpose. 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 Ccertified designer to the system owner when the treatment system is commissioned. 2. Management Plan Requirements. Management plans are required for all new or replacement SSTS. The management plan shall be submitted to the Department with the construction permit application for review and approval within 30 days of planned start of construction. The Department shall b e notified of any system modifications made during construction and the management plan revised and resubmitted at the time of final construction certification. 4. Required Contents of a Management Plan. Management plans shall include: 1. Operating requirements describing tasks that the owner can perform and tasks that a licensed service provider or maintainer must perform;. 2. Monitoring requirements;. 3. Maintenance requirements including maintenance procedures and a schedule for routine maintenance;. 4. Statement that the owner is required to notify the Department when the management plan requirements are not being met;. 5. 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;. 6. A description of how the system functions;. 7. A site plan of the system;. 18 8. Equipment specifications;. 9. Emergency operating procedures in the event of a malfunction;. 10. A troubleshooting guide. 5. Requirements for Systems not Operated Under a Management Plan. SSTS that are not operated under a management plan or operating permit must have treatment tanks inspected and provide for the removal of solids if needed every three years. Solids must be removed when their accumulation meets the limit described in Minnesota Rules, Chapter 7080.2450. System owners shall be required to submit a MPCA Septic Tank Maintenance Reporting Form to the Department every three (3) years. Section 26. Compliance Inspection Program 1. Department Responsibility. It is the responsibility of the Department, or its agent, to perform various SSTS compliance inspections periodically to assure that the requirements of this Ordinance are met. 1. SSTS compliance inspections must be performed: 1. To ensure compliance with applicable requirements;. 2. To ensure system compliance before issuance of a permit for addition of a bedroom unless the permit application is made during the period of November 1 to April 30, provided a compliance inspection is performed before the following June 1 and the applicant submits a Certificate of Compliance by the following September 30;. 3. For all new SSTS construction or replacement;. 4. For an evaluation, investigation, inspection, recommendation, or other process used to prepare a disclosure statement if conducted by a party who is not the SSTS owner. Such an inspection constitutes a compliance inspection and shall be conducted in accordance with Minnesota Rules, Chapter 7082.0700 using the SSTS inspection report forms provided by MPCA. 2. All compliance inspections must be performed and signed by the a Ccertified inspectorservice provider or qualified employees. 3. 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. The Department shall notify the owner of the Department's intent to inspec t the SSTS least two (2) days in advance of the intended inspection. 4. 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 separat e and distinct offense. 2. New Construction or Replacement. 1. Compliance inspections must be performed on new or replacement SSTS to determine compliance with Minnesota Rules, Chapters 7080 or 7081. 2. It is the responsibility of the SSTS owner or the owner’s agent to notify the Department two (2) calendar days prior to any permitted work on the SSTS. 19 3. Installation inspections shall be made at each installation, prior to any work having been covered by backfill. Work that is backfilled prior to the required inspection may be ordered to be uncovered whenever necessary to determine compliance. 4. The licensed installer shall be responsible for notifying the department a minimum of twenty fourtwenty-four (24) hours before the time the work is ready for inspection or re-inspection. 5. When, upon inspection, any part of the system is determined not to be in compliance with this division, written notice shall be provided by the Department indicating the deficiency and the required corrections. 6. Noted deficiencies shall be properly corrected and re-inspected before and other work on the project is continued. 7. SSTS found not to be in compliance with Minnesota Rules, Chapter 7080.1500, Subd. 4A or Chapter 7081.0080, Subd. 3 must be repaired or replaced within ten (I010) months. 8. No system shall be placed or replaced in service until final inspection and approval of the installation. 9. The contractor, upon completion of the installation, shall file with the department as built drawings indicating the location of system components dimensioned from a permanent reference point. 10. A minimum of three construction inspections are required for mounds in accordance with the following: 1. When the original soil under the mound has been roughened, but prior to placement of the sand fill. Enough of the proposed sand fill must be present to be viewed. 2. After placement of rock and piping, but prior to cover. 3. Final inspection, wheninspection when the job is completed. 11. SSTS that are determined to have operation or monitoring deficiencies must immediately be maintained, monitoredmonitored, or otherwise managed according to the operating permit. 12. A Certificate of Compliance for new SSTS construction or replacement shall be issued by the Department if the Department has reasonable assurance that the system was built in accordance with the applicable requirements as specified in the construction permit. 13. The Certificate of Compliance must include a certified statement by the qQualified Eemployee service provider or 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 Notic e of Noncompliance must be issued to the owner which includes a statement specifying those Ordinance provisions with which the SSTS does not comply. 14. The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than fifteen (15) calendar days after the date the inspection was performed. The Department shall deliver the Certificate of Compliance or Notice of Noncompliance to the owner or the owner's agent within fifteen (15) calendar days of receipt from the qQualified Eemployeeservice provider or qualified employee. No SSTS shall be placed into operation until a valid ce1tificated of compliance has been issued. 15. Certificates of Compliance for new construction or replacement shall remain valid for five (5) 20 years from the date of issue unless the Department finds evidence of noncompliance. 3. Existing Systems. 1. Compliance inspections shall be required when any of the following conditions occur: 1. When a construction permit is required to repair, modify, or upgrade an existing system;system. 2. Any time there is an expansion of use of the building being served by an existing system;system. 3. Any time there is a change in use of the property being served by an existing SSTS which may impact the performance of the system;system. 4. At any time 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 the MPCA. The following conditions must be assessed or verified: 1. Water-tightness assessment of all treatment tanks including a leakage report;report. 2. Vertical separation distance between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock including a vertical separation verification report;report. 3. Sewage backup, surface seepage, or surface discharge including a hydraulic function report;report. 4. Safety assessments of tanks and covers;covers. 5. Any other issues deemed to impact public health and safety or is non -protective of the ground water. 3. The Certificate of Compliance must include a certified statement by the licensed SSTS business a service provider or qualified employee, indicating whether the SSTS is 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 include a statement specifying those Ordinance provisions with which the SSTS does not comply. A construction permit application must be submitted to the Department if the required corrective action is not a minor repair. 4. The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than fifteen (15) calendar days after the date the inspection was performed. The Department shall deliver the Certificate of Compliance or Notice of Noncompliance to the owner or the owner's agent within fifteen (15) calendar days of receipt from the licensed SSTS business service provider or qualified employee. 5. Certificates of Compliance for existing SSTS shall remain valid for three (3) years from the date of issue unless the Department finds evidence of noncompliance. 4. Periodically Saturated Soil Disagreements. Disputes involving documented discrepancies on the depth of the periodically saturated soil for SSTS design or compliance purposes shall be resolved according to Minnesota Rules, Chapter 7082.0700, subd. 5. 5. Cost of. 21 1. The department shall conduct an annual maintenance inspection. The cost of inspection of SSTS in the City shall be the sole responsibility of the Property Owner and shall be as established by the City of Gem Lake Counsel and from time to time amended by resolution. An invoice for fees associated with Annual Inspections will shall be provided at the time of inspection by the Qualified Employee. Any fees for Annual Inspection which remain unpaid for more than sixty (60) days by the Property Owner to the City may, along with related administrative fees, by certified to Ramsey County for assessment against the real property upon which the SSTS is located. 2. On or before the first day of September (September 1st) of each year the City Clerk shall list the total unpaid charges for each Remedial Action taken against each separate lot or parcel to which they are attributable under this Ordinance. The City Council may then charge all or any portion of such charges plus an additional administrative fee of fifty ($50.00) Dollars against the real property involved as a special assessment under applicable Minnesota Statutes for certification to the County Auditor for collection in the following year with that year's current taxes payable. 6. Transfer of Properties. 1. Whenever a conveyance of land including a structure that is required to have a SSTS occurs, which includes property foreclosures and tax forfeited transfers, the following requirements shall be met: 1. A compliance inspection shall have been performed and a Certificate of Compliance shall have been submitted to the Department within three (3) years for SSTS older than five (5) years of within five (5) years if they system is less than five (5) years old, prior to the intended sale or transfer of the property, unless evidence is found identifying the SSTS as an Imminent Threat to Public Health and Safety or Failing to Protect Groundwater. 2. The compliance inspection must have been performed by athe licensed SSTS business service provider or qualified employee following procedures described in Section 26. 3. The seller of the property must disclose in writing information about the status and location of all known SSTS on the property to the buyer on a form acceptable to the Department. 4. If the seller fails to provide a Certificate of Compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a compliant SSTS. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney-at-law, or Federal or State chartered financial institution. The amount escrowed shall be equal to one hundred fifty percent (150%) of a written estimate to install a compliant SSTS as provided by a licensed SSTS installer, or the amount escrowed shall be equal to one hundred ten percent (110%) of the written contract price for the installation of a compliant SSTS provided by a licensed SSTS installer. After a compliant SSTS has been installed and a Certificate of Compliance issued, the Department shall provide the escrow agent a copy of the Certificate of Compliance. The escrow may also be used to connect to a municipal sanitary sewer collection system permitted by the MPCA if the Department determines that an extension of the municipal sanitary sewer collection system to serve the property is feasible. 2. A Certificate of Compliance is not required if the sale or transfer involves the following circumstances: 1. The affected tract of land is without buildings or contains no dwellings or other building with plumbing fixtures;fixtures. 22 2. The transfer does not require the filing of a Certificate of Real Estate Value, as described in Minnesota Statutes, Section 272.115, Subdivision 1;1. 3. The sale or transfer completes a contract for deed or purchase agreement entered into prior to the effective date of this Ordinance. This subsection applied to the original vendor and vendee on such contract;contract. 4. All dwellings or other building are served by a municipal sanitary sewer collection system permitted by the MPCA. 3. All property conveyances subject to this ordinance occurring during the period between November 15th and April 15th, when SSTS compliance cannot be determined due to frozen soil conditions, shall require a winter agreement, which includes an application for a SSTS permit and an agreement to complete a compliance inspection by the following June 1st by a licensed inspection business. If upon inspection the SSTS is fow1d to be in compliance, the permit fee wil l be refunded. If upon inspection the system is found to be non- compliant, an escrow agreement must be established in accordance with paragraph (1) d. above, and a compliant SSTS installed within the timeframe outlined in the Notice of Noncompliance. 4. The responsibility for completing the compliance inspection under paragraph (1) a. above, or for upgrading a system found to be non-compliant shall be determined by the buyer and seller. Buyer and seller shall provide the Department with a signed statement indicating responsibility for completion of the compliance inspection and for upgrading a system found to be non-compliant. 5. The issuance of permits, Certificates of Compliance, or Notices of Noncompliance shall not be construed to represent a guarantee or warranty of the system's operation or effectiveness. Such permits or certificates only represent that the system has been de signed and installed in compliance or non-compliance with the provisions of these standards and regulations. Section 27. Violations. 1. 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 Statutes. Each day that a violation exists shall constitute a separate offense. 2. 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;investigations. 2. A list of specific violation(s) of this Ordinance;Ordinance. 3. Specific requirements for correction or removal of the specified violation(s);). 4. A mandatory time scheduled for correction, removalremoval, and compliance with this Ordinance. 3. Cease and Desist Orders. Cease and desist orders may be issued when the Department has probable cause that an activity regulated by thisthis, or any other City 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, the work shall not resume until the reason for the work stoppage has been completely satisfied, any administrative fees paid, and the cease-and-desist order lifted. Section 28. Prosecution. In the event of a violation or threatened violation of this Ordinance, the City may, in 23 addition to other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correctcorrect, or abate such violations or threatened violations and the City Attorney shall have authority to commence such civil action. The Department and City Attorney may take such actions as may be necessary to enforce the provisions of this Ordinance. 24 Section 29. State Notification of Violation. In accordance with state law, the Department shall notify the MPCA of any inspection, installation, design, construction, alterationalteration, or repair of a SSTS by a licensed/ce1iified person or any septage removal by a licensed pumper that is performed in violation of the provisions of this Ordinance. If there is known contamination of groundwater, the Citycity also may notify the MDH for a possible well advisory. Section 30. Costs and Reimbursements. If the Department is required to remove or abate an imminent threat to public health or safety, the Department may recover all costs incurred in removal or abatement in a civil action, including legal fees; at the discretion of the City Council, the cost o f an enforcement action under this Ordinance may be assessed against the real property on which the public health nuisance was located. Section 31. Record Keeping. The City shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, Ccertificates of Ccompliance, notices of noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, an annual list of all sewage tanks installed in the City sorted by licensed installation businesses, and other records relevant to each system. Section 32. Annual Report. The Department shall provide an annual report of SSTS permitting activities to MPCA no later than February 1 for the previous calendar year. Section 33. Fees. From time to time, the City Council shall establish fees for activities undertaken by the Department pursuant to this Ordinance. Fees shall be due and payable at a time and in a manner to be determined by the Department. Section 34. Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. Section 35. Severability. If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this Ordinance shall not be affected and shall remain in full force. Section 36. Abrogation and Greater Restrictions This Ordinance replaces Ordinance No. 67C in its entirety .. It is not intended by this Ordinance to repeal, abrogate, or impair any other existing City Ordinance, easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other Ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. WHEREUPON, the above ordinance was adopted at the regular City Council Meeting for the City of Gem Lake, Ramsey County Minnesota, made by Councilmember Lindner and seconded by Councilmember Artig - Swomley. ATTEST I, William Short, the duly qualified City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Ordinance is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. William Short, City Clerk Date Section 37. Enactment. This Ordinance 67D is placed in full force and effect on MONTH, DAY, YEAR by a X-X vote of the City Council of the City of Gem Lake. Adopted by the City Council of the City of Gem Lake, Minnesota on the DAY of MONTH YEAR. ________________________ __________________________ Formatted: Font: 10 pt Formatted: Font: 10 pt 25 Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk 26 City of Gem Lake, Ramsey County, Minnesota Subsurface Sewage Treatment Systems (SSTS) Ordinance No. 67D This ordinance establishing minimum requirements for regulation of ISTS and MSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the City to protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances, was originally enacted by the City in August 1983. The City Council has made amendments to the Ordinances in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinances and the said amendments. Ordinance Description Enactment 46 Regulating “Seepage Disposal and the Design, Location, Installation, Renovation, Operation, Maintenance and Inspection of Individual Sewage Treatment Systems” August 1983 61 Defining “bi-annual inspection and maintenance routines for on-site sewage disposal systems”..” May 1992 67 An ordinance replacing Ordinances 46 and 61. December 1997 67B An ordinance replacing Ordinance 67. July 2004 67B An amendment to 67B revising the annual inspection timeline (Ordinance 108) July 2009 67C An ordinance replacing Ordinance 67B. April 2014 67D An ordinance replacing Ordinance 67C. August 2016 67D An amendment to 67D, not officially adopted nor published. 2018 67D An amendment to 67D. Insert Date Here Formatted: Font: 10 pt Formatted: Not Highlight Formatted: Font: 10 pt 1 City of Gem Lake, Ramsey County, Minnesota Septic Systems Ordinance No. 67D AN ORDINANCE REGARDING SUBSURFACE SEWAGE TREATMENT SYSTEMS (SSTS) The City Council of the City of Gem Lake does ordain as follows: Section 1. Introduction. This is an Ordinance authorizing and providing for sewage treatment and soil dispersal in unsewered areas of the city. It establishes: 1. Minimum standards for regulation of Individual Sewage Treatment Systems (ISTS) and mid-sized Subsurface Sewage Treatment Systems (MSTS) (collectively referred to as SSTS) in unsewered areas of the City of Gem Lake incorporating by reference minimum standards established by Minnesota Statutes and administrative rules of the Minnesota Pollution Control Agency (MPCA). 2. Requirements for issuing permits for installation, alteration, repair, or expansion of SSTS. 3. Requirements for all SSTS permitted under the revised Minnesota Rules, Chapters 7080 and 7081 to be operated under an approved management plan. 4. Standards for upgrade, repair, replacement, or abandonment of SSTS. 5. Penalties for failure to comply with these provisions. 6. Provisions for enforcement of these requirements. 7. Standards which promote the health, safety and welfare of the public as reflected in Minnesota Statutes, Sections 115.55, 145A.05, the City Comprehensive Plan, and the City Zoning Ordinance. Section 2. Title, Purpose, and Intent. 1. Title. This ordinance may be referred to as “City of Gem Lake Subsurface Sewage Treatment (SSTS) Ordinance” or “Septic Ordinance.” 2. Purpose. The purpose of this Ordinance is to establish minimum requirements for regulation of ISTS and MSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the City 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 City’s citizens by protecting its health, safety, general welfare, and natural resources. 3. Intent. It is intended by the city that this Ordinance will promote the following: 1. The protection of lakes, rivers and streams, wetlands, and groundwater in the City of Gem Lake essential to the promotion of public health, safety, welfare, socioeconomic growth, and development of the city. 2. The regulation of proper SSTS construction, reconstruction, repair, and maintenance to prevent the entry and migration of contaminants, thereby protecting against the degradation of surface water and groundwater quality. 3. The establishment of minimum standards for SSTS placement, design, construction, reconstruction, repair, and maintenance to prevent contamination and, if contamination is discovered, the identification and control of its consequences and the abatement of its source and migration. 2 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 complain investigations to prevent or control water-borne diseases, lake degradation, groundwater related hazards, and public nuisance conditions. Section 2. Authority. This Ordinance is adopted pursuant to Minnesota Statutes, Section 115.55; Minnesota Statutes, Section 145A.05; or successor Statutes, and Minnesota Rules, Chapter 7080, Chapter 7081, Chapter 7082, or successor rules. Section 3. Effective Date. The provisions set forth in this Ordinance shall become effective on passage by the City Council. Section 4. Definitions. The following words and phrases shall have the meanings ascribed to them in this Section. If not specifically defined in this Section, terms used in this Ordinance shall have the same meaning as provided in the standards adopted by reference. Words or phrases that are not defined here or in the standards adopted by reference shall have common usage meaning. For purposes of this Ordinance, the words “must” and “shall” are mandatory and the words “may” and “should” are permissive. 1. Absorption Area. The design parameter that is associated with the hydraulic acceptance of effluent. The absorption area for mound systems is the original soil below a mound system that is designed to absorb sewage tank effluent. The absorption area for trenches, seepage beds, and at-grade systems is the soil area in contact with the part of the distribution medium that is designed and loaded to allow absorption of sewage tank effluent. This includes both bottom and sidewall soil contact areas. 2. As-Builts. A set of drawings which to the fullest extent possible document the final as built location, size, and type of all SSTS components including the results of any materials testing performed and a description of conditions during construction of the system. 3. At-grade System. A pressurized soil treatment and dispersal system where sewage tank effluent is dosed to an absorption bed that is constructed directly on original soil at the ground surface and covered by loamy soil materials. 4. Authorized Representative. An employee or agent of the City of Gem Lake. 5. Bedrock. Geologic layers, of which greater than 50 percent by volume consist of unweathered in-place consolidated rock or rock fragments. Bedrock also means weathered in-place rock which cannot be hand augered or penetrated with a knife blade in a soil pit. 6. Bedroom. For the sole purpose of estimating design flows from dwellings, an area that is: 1. A room designed or used for sleeping; or 2. A room or area of a dwelling that has a minimum floor area of 70 square feet with access gained from the living area or living area hallway. Architectural features that affect the use as a bedroom under this item may be considered in making the bedroom determination. 7. Carbonaceous Biochemical Oxygen Demand or CBOD5. The measure of the amount of oxygen required by bacteria while stabilizing, digesting, or treating the organic matter under aerobic conditions over a five-day incubation period while in the presence of a chemical inhibitor to block nitrification. CBOD is commonly expressed in milligrams per liter (mg/l). 8. Certificate of Compliance. A document, written after a compliance inspection, certifying that a system is in compliance with applicable requirements at the time of the inspection. 3 9. Certified. - An individual who is included on the agency’s certification list and is qualified to perform appropriate tasks associated with the certification. 10. Certified Statement. A statement signed by a certified individual, apprentice, or Qualified Employee under Minnesota Rules, Chapter 7083 certifying that the licensed business or Qualified Employee completed work in accordance with applicable requirements. 11. Cesspool. An underground pit, receptacle, or seepage tank that receives sewage directly from a building sewer and leaches sewage into the surrounding soil, bedrock, or other soil materials. Cesspools include sewage tanks that were designed to be watertight, but subsequently leak below the designed operating depth. 12. Class V Injection Well. A shallow well used to place a variety of fluids directly below the land surface, which includes a domestic SSTS serving more than twenty (20) people. The U.S. Environmental Protection Agency (EPA) and delegated state groundwater programs permit these wells to inject wastes below the ground surface provided they meet certain requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells and large-capacity cesspools are specifically prohibited (see 40 CFR Parts 144 & 146). 13. Cluster System. A SSTS under some form of common ownership that collects wastewater from two or more dwellings or buildings and conveys it to a treatment and dispersal system located on an acceptable site near the dwellings or buildings. 14. City. City of Gem Lake, Ramsey County, Minnesota. 15. City Council. The City of Gem Lake City Council. 16. Department. The City of Gem Lake Department designated by the City Council to administer this ordinance. 17. Design Flow. The daily volume of wastewater for which a SSTS is designed to treat and discharge. 18. Dwelling. Any building with provision for living, sanitary, and sleeping facilities. 19. Flood Plain. The channel or beds proper and the areas adjoining a wetland, watercourse, or lake which a regional flood may have or could hereafter cover. Floodplain areas within the City shall include all areas shown as Zone A or Zone AE on the flood insurance rate map. Refer to Gem Lake City Ordinance No. 114 for further definitions. 20. Failure to Protect Groundwater. At a minimum, a SSTS that does not protect groundwater is considered to be a seepage pit, cesspool, drywell, leaching pit, or other pit; a SSTS with less than the required vertical separation distance, described in Minnesota Rules, Chapter 7080.1500 Subd. 4 D and E; and a system not abandoned in accordance with Chapter 7080.2500. The determination of the threat to groundwater for other conditions shall be made by a Qualified Employee or SSTS-licensed inspection business. 21. Hazardous Waste. Any substance that, when discarded, meets the definition of hazardous waste in Minnesota Statutes, section 116.06, subdivision 11. 22. Holding Tank. A tank for storage of sewage until it can be transported to a point of treatment and dispersal. Holding tanks are considered a septic system tank under Minnesota Statutes, section 115.55. 23. Imminent Threat to Public Health and Safety. At a minimum a SSTS with a discharge of sewage or sewage effluent to the ground surface, drainage systems, ditches, storm water drains, or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other establishment; SSTS with electrical hazards; or sewage tanks with unsecured, damaged, or weak maintenance access covers. The determination of protectiveness for other conditions must be made by a Qualified Employee or a SSTS inspection business. 4 24. ISTS. An individual sewage treatment system having a design flow no more than 5,000 gallons per day. 25. Industrial Waste. Sewage containing waste from activities other than sanitary waste from industrial activities including, but not limited to, the following uses defined under the Standard Industrial Classification (SIC) Codes established by the U.S. Office of Management and Budget: SIC Code(s) Industry Category 753-7549 Automotive Repairs and Services 7231-7241 Beauty Shops, Barber Shops 7211-7219 Laundry Cleaning and Garment Services 4011-4581 Transportation (Maintenance Only) 8062-8069 Hospitals 2000-3999 Manufacturing 2000-2099 Food Products 2100-2199 Tobacco Products 2400-2499 Lumber and Wood Products, except Furniture 2500-2599 Furniture and Fixtures 2600-2699 Paper and Allied Products 2700-2799 Printing, Publishing, and Allied Industries 2800-2899 Chemicals and Allied Products 2900-2999 Petroleum Refining and Related Industries 3000-3099 Rubber and miscellaneous Plastics 3100-3199 Leather Tanning and Finishing 3200-3299 Stone, Clay, Glass, and Concrete Products 3300-3399 Primary Metal Industries 3400-3499 Fabricated Metal Products (except Machinery, and Transportation Equipment) 3500-3599 Industrial and Commercial Machinery and Computer Equipment 3700-2799 Transportation Equipment 3800-3899 Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks 3900-3999 Miscellaneous Manufacturing Industries 5 26. Lot. A parcel of land in a plat recorded in the office of the county recorder or registrar of titles or a parcel of land created and conveyed, using a specific legal description, for a building site to be served by an ISTS. 27. Malfunction. The partial or complete loss of function of a SSTS component, which requires a corrective action to restore its intended function. 28. Management Plan. A plan that describes necessary and recommended routine operational and maintenance requirements, periodic examination, adjustment, and testing, and the frequency of each to ensure system performance meets the treatment expectations, including a planned course of action to prevent an illegal discharge. 29. MDH. Minnesota Department of Health. 30. Minor Repair. The repair or replacement of an existing damaged or faulty component/part of a SSTS that will return the SSTS to its operable condition. The repair shall not alter the original area, dimensions, design, specifications, or concept of the SSTS. 31. Mound System. A soil treatment and dispersal system designed and installed such that all of the infiltrative surface is installed above grade, using clean sand between the bottom of the infiltrative surface and the original ground elevation, utilizing pressure distribution, and capped with suitable soil material to stabilize the surface and encourage vegetative growth. 32. MPCA. Minnesota Pollution Control Agency. 33. MSTS. A midsized subsurface sewage treatment system under single ownership that receives sewage from dwellings or other establishments having a design flow of more than 5,000 gallons per day to a maximum of 10,000 gallons per day. 34. Notice of Noncompliance. A written document issued by the Department notifying a system owner that the owner’s onsite/cluster treatment system has been observed to be noncompliant with the requirements of this Ordinance. 35. Original Soil. Naturally occurring soil that has not been cut, filled, moved, smeared, compacted, altered, or manipulated to the degree that the loading rate must be reduced from that associated with natural soil conditions. 36. Periodically Saturated Soil. The highest elevation in the soil that is in a reduced chemical state due to soil pores filled or nearly filled with water causing anaerobic conditions. Periodically saturated soil is determined by the presence of redoximorphic features in conjunction with other established indicators as specified in part 7080.1720, subpart 5, items E and F, or determined by other scientifically established technical methods or empirical field measurements acceptable to the permitting authority in consultation with the commissioner. 37. Pressure Distribution. A network of distribution pipes in which effluent is forced through orifices under pressure. 38. Privy. An above-ground structure with an underground cavity meeting the requirements of part 7080.2280 that is used for the storage or treatment and dispersal of toilet wastes, excluding water for flushing and gray water. A privy also means a non-dwelling structure containing a toilet waste treatment device. 39. Qualified Employee. An employee of the state or local unit of government, who performs site evaluations or designs, installs, maintains, pumps, or inspects SSTS as part of the individual’s employment duties and is registered on the SSTS professional register verifying specialty area endorsements applicable to the work being conducted. 6 40. Replacement. The removal or discontinued use of any major portion of an ISTS and reinstallation of that portion of the system, such as reinstallation of a new sewage tank, holding tank, dosing chamber, privy, or soil dispersal system. 41. Seepage Bed. A soil treatment and dispersal system, the absorption width of which is greater than three feet but no greater than 25 feet. 42. Seepage Pit. An underground pit that receives sewage tank effluent and from which the liquid seeps into the surrounding soil and that meets the design requirements in part 7080.2550. 43. Septage. Solids and liquids removed from an SSTS and includes solids and liquids from cesspools, seepage pits, other pits, or similar systems or devices that receive sewage. Septage also includes solids and liquids that are removed from portable, incinerating, composting, holding, or other toilets. Waste from Type III marine sanitation devices, as defined in Code of Federal Regulations, title 33, section 159.3, and material that has come into contact with untreated sewage within the past 12 months is also considered septage. 44. Setback. A separation distance measured horizontally. 45. Sewage. Waste from toilets, bathing, laundry, or culinary activities or operations or floor drains associated with these sources, including household cleaners and other constituents in amounts normally used for domestic purposes. 46. Site. The area required for the proper location of the ISTS. 47. Slope. The vertical rise or fall divided by the horizontal distance, expressed as a percentage. 48. Soil Dispersal System. A system where sewage effluent is dispersed into the soil for treatment by absorption and filtration and includes, but is not limited to, trenches, seepage beds, at-grade systems, mound systems, and drip dispersal systems. 49. SSTS. Subsurface Sewage Treatment System, including an ISTS or MSTS. 50. State. The State of Minnesota. 51. Toilet Waste. Waste commonly disposed of in toilets, including fecal matter, urine, toilet paper, and water used for flushing. 7 52. Treatment Level. Treatment system performance levels defined in Minnesota Rules, Chapter 7083.4030, Table III for testing of proprietary treatment products, which include the following: Level Parameters CBOD5 TSS O&G FC Nutrient (mg/l) (mg/l) (mg/l) (#/100ml) (mg/l) A 15 15 - 1,000 - A-2 15 15 - - - B 25 30 - 10,000 - B-2 25 30 - - - C 125 60 - - - 53. Trench. A soil treatment and dispersal system, the absorption width of which is 36 inches or less. 54. Type I System. An ISTS that follows a standard trench, bed, at-grade, mound, or graywater system design in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2200 through 7080.2240. 55. Type II System. An ISTS on a lot located in a floodplain, a privy or a holding tank in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2250 through 7080.2290. 56. Type III System. An ISTS having acceptable flow restriction devices to allow its use on a lot that cannot accommodate a standard Type I soil treatment and dispersal system in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2300. 57. Type IV System. An ISTS, having an approved pretreatment device and incorporating pressure distribution and dosing, that is capable of providing suitable treatment for use where the separation distance to a shallow saturated zone is less than the minimum allowed in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2350 58. Type V System. An ISTS, which is a custom engineered design to accommodate the site taking into account pretreatment effluent quality, loading rates, loading methods, groundwater mounding, and other soil and other relevant soil, site, and wastewater characteristics such that groundwater contamination by viable fecal organisms is prevented in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2400. 59. Unsewered Area. Any area within the city not served by a municipal sanitary sewer collection system permitted by the MPCA. 60. Wellhead Protection Area. The surface and subsurface area surrounding a well or well field that supplies a public water system, through which contaminants are likely to move toward and reach the well or well field as regulated under Minnesota Rules, Chapter 4720. For the purposes of this chapter, wellhead protection area is that area bounded by the drinking water supply management area as regulated under Chapter 4720. Section 6. Scope. This Ordinance regulates the sitting, design, installation, alterations, operation, maintenance, monitoring, and management of all SSTS within the City’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 8 sewage generated in unsewered areas of the City 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 connected to municipal sanitary sewer when it is available in accordance with the City Sanitary Sewer Ordinance. The City Engineer, or his or her designee, shall determine if municipal sanitary sewer is available. Section 7. Jurisdiction. The jurisdiction of this Ordinance shall include all property within the City limits. Section 8. Administration. 1. City Administration. The department shall administer the SSTS program and all provisions of this Ordinance. At appropriate times, the City shall review or revise or update this Ordinance as necessary. The City shall employ or retain under contract qualified and appropriately licensed professionals to administer and operate the SSTS program. 2. State of Minnesota. 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, the owner or owners shall make application for and obtain a State Disposal System permit from the MPCA. For any SSTS that has a measured daily flow for a consecutive seven-day period which equals or exceeds 10,000 gallons per day, a State Disposal System permit is required. SSTS serving establishments or facilities licensed or otherwise regulated by the State shall conform to the requirements of this Ordinance. Section 9. Liability. Any liability or responsibility shall not be imposed upon the City or any of its officials, employees, or other contract agent, its employees, agents or servants thereof for damage resulting from the defective construction, operation, or abandonment of any SSTS regulated under this rule by reason of standards, requirements, or inspections authorized hereunder. Section 10. Measurement of Distances. Unless otherwise specified in this division, all distances shall be measured horizontally. Section 11. Interpretation of Certain Items. For the purposes of this division, certain terms or words shall be interpreted as follows: The words “shall” and “must” are mandatory; the words “should” and “may” are permissive. Section 12. Retroactivity. 1. All SSTS. Except as explicitly set forth in part (2), all provisions of this Ordinance shall apply to any SSTS regardless of the date it was originally permitted. 2. 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 expiration date or until a change in system ownership whichever is earlier. 3. Two (2) Soil Treatment and Dispersal Areas. All unsewered lots created after January 23, 1996, must have a minimum of two (2) soil treatment and dispersal area that can support trenches, seepage beds, mounds, and at-grade systems as described in Minnesota Rules, Chapters 7080.2200 through 7080.2230 or site conditions described in Chapter 7081.0270, Subd. 3 through 7. If an additional soil treatment and dispersal area is available on lots created on or before January 23, 1996, it shall be identified in the site evaluation. 4. Existing SSTS without Permits. Existing SSTS with no permits of record shall require a permit and be brought into compliance with the requirements of this Ordinance regardless of the date they were originally constructed. Section 13. Upgrade, Repair, Replacement, and Abandonment. 1. SSTS Capacity Expansions. Expansion of an existing SSTS must include any system upgrades that are necessary to bring the entire system into compliance with the prevailing provisions of this Ordinance at the time of expansion. 9 2. Bedroom Additions. A compliance inspection is required prior to issuance of a permit for a bedroom addition. If the system is found to be non-compliant, the owner shall upgrade, repair, or replace the existing system prior to issuance of the permit for the bedroom addition. 3. Imminent Threat to Public Health or Safety. A SSTS that is determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Chapter 7080.1500, Subd. 4A shall be upgraded, repaired, replaced, or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. In the event of an imminent threat to Public Health or Safety, a mitigation plan shall be submitted to the department immediately upon discovery. The mitigation plan shall immediately abate the Imminent Threat to Public Health and safety. If the Department determines that extenuating circumstances exist, this timeframe may be extended to ten (10) months from receipt of a Notice of Noncompliance. 4. Failure to Protect Groundwater. A SSTS that is determined to be failing to protect groundwater in accordance with Minnesota Rules, Chapter 7080.1500, Subd. 4B shall by upgraded, repaired, replaced, or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. In the event of a system failing to protect groundwater, a mitigation plan shall be submitted to the department immediately upon discovery. If the Department determines that extenuating circumstances exist, this timeframe may be extended to ten (10) months from receipt of a Notice of Noncompliance. 5. Abandonment. Any SSTS, or any component thereof, which is no longer intended to be used, must be abandoned in accordance with Minnesota Rules, Chapter 7080.2500. Section 14. SSTS in Floodplains. SSTS shall not be located in a floodplain. Section 15. Class V Injection Wells. All owners of new or replacement SSTS that are considered to be class V injection wells, as defined in the Code of Federal Regulations (CFR), Title 40, Part 144, are required by the Federal Government to submit SSTS inventory information to the Environmental Protection Agency as described in CFR40, Part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures. Section 16. SSTS Practitioner Licensing. No person shall engage in evaluations, inspection, design, installation, construction, alteration, extension, repair, maintenance, or pumping of SSTS without an appropriate and valid license issued by the MPCA in accordance with Minnesota Rules, Chapter 7083 except as exempted in 7083.0700. Section 17. Prohibitions. 1. 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 in an unsewered area that is not provided with a wastewater treatment system that disposes of wastewater in a manner that complies with the provisions of this Ordinance. 2. Sewage Discharge to Ground Surface or Surface Water. It is unlawful for any person to construct, maintain, or use any SSTS system regulated 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 program by the MPCA. 3. 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 Minnesota Rules, Chapter 4725.2050, or any other excavation in the ground that is not in compliance with this Ordinance. 4. Discharge of Hazardous or Deleterious Materials. It is unlawful for any person to discharge into any treatment system regulated under this Ordinance any Industrial Waste, or hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality. 10 Section 18. Standards Adopted by Reference. The City hereby adopts by reference Minnesota Rules, Chapters 7080, 7081, 7082 and 7083 in their entirety as now constituted and from time to time amended. This adoption does not supersede the City’s right or ability to adopt local standards that are in compliance with Minnesota Statute 115.55. Section 19. Amendments to the Adopted Standards. 1. Determination of Hydraulic Loading Rate and SSTS Sizing. Table IX from Minnesota Rules, Chapter 7080.2150, Subd. 3E 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 from Minnesota Rules, Chapter 7080.2150 are herein adopted by reference shall be used to determine the hydraulic loading rate and infiltration area for all SSTS permitted under this Ordinance. 2. Compliance Criteria for Existing SSTS. SSTS built after March 31, 1996, or existing SSTS located in a Shoreland area, existing Wellhead Protection area, or serving food, beverage, or lodging establishment as defined under Minnesota Rules, Chapter 7080.1100, Subd. 84 shall have a three (3’) 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 fifteen (15%) percent reduction in this separation distance (a separation distance no less than 30.6 inches) to account for settling of sand or soil, normal variation of separation distance measurements and interpretation of limiting layer characteristics may be considered compliant under this Ordinance. The vertical separation measurement shall be made outside the area of system influence but in an area of similar soil. Minnesota Rules, Chapter 7080.1500, Subd. 4. 3. Holding Tanks. Sewage holding tanks may be considered for installation on previously developed sites, as a temporary method for periods of up to one (1) year, during which time measures are being taken to provide municipal sewer service or the installation of an approved system as provided in this Ordinance. Holding tanks may be considered on a permanent basis for nonresidential, low water use establishments generating less than one hundred fifty (150) gallons per day of waste, subject to approval by the department and the issuance of a Certificate of Compliance. Holding tanks may also be considered for floor drains for vehicle parking area and existing facilities potentially generating hazardous waste. 4. Setbacks. The following setback requirements are in addition to the setback required in Table VII in Minnesota Rules, Chapter 7080.2150.F: Minimum Setback Distances (feet) Feature Sewage tank, holding tank, or sealed privy Absorption area or unsealed privy Above-ground Swimming Pools 10 10 In-ground Swimming Pools 10 20 Shoreland Bluff Lines (18% slope) 20 20 11 The following setback requirements are in addition to the setbacks required in Table II Minnesota Rules, Chapter 7081.0270 Subpart 2: Minimum Setback Distances (feet) Feature Sewage tank, holding tank, or sealed privy Absorption area or unsealed privy Above-ground Swimming Pools 10 10 In-ground Swimming Pools 10 20 Shoreland Bluff Lines (18% slope) 20 20 Variances to building setbacks included in Minnesota Rules, Chapter 7080 and 7081 may only be considered through the normal variance process as outlined in the City’s Zoning Ordinance (Ordinance No. 131). Variances to shoreland setbacks may be considered through the Shoreland section of the City’s Zoning Ordinance. Variances to well and water line setbacks are governed by the MDH. 5. Designer Requirement. The design of the SSTS regulated under Minnesota Rules, Chapter 7082 shall be completed by an appropriately licensed business, an appropriately Certified qualified employee, or a person exempted under part 7083.0700, subpart 1., who is also licensed by the MPCA as an Advanced Designer. Section 20. Variance Requests. A property owner may request a variance from the standards as specified in this Ordinance pursuant to the requirements provided in Minnesota Rules, Chapter 7080 and 7081. The City shall consider the requirements of Minnesota Rules, Chapter 7082.0300, Subd, 2 and 3 when considering such variances. 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. Section 21. Permit Required. It is unlawful for any person to construct, install, modify, replace, or operate a SSTS without the appropriate permit from the Department. The issuing of any permit, variance, or conditional use under the provision of this Ordinance shall not absolve the applicant of responsibility to obtain any other required permit. Section 22. Construction Permit. A construction permit shall be obtained by the property owner or an agent of the property owner from the Department prior to the installation, construction, replacement, modification, alteration, repair, or capacity expansion of a SSTS. The purpose of this permit is to ensure that the proposed construction activity is site, designed, and constructed in accordance with the provisions of this Ordinance by appropriately certified and/or licensed practitioner(s). 1. Activities Requiring a Construction Permit. A construction permit is required for installation of a new SSTS, for replacement of an existing SSTS, or for any repair or replacement of components that will 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. 2. Activities Not Requiring a Permit. A construction 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 12 system’s design, layout, or function. 3. Construction Permit Required to Obtain Building Permit. For any property on which a SSTS permit is required, approval and issuance of a valid SSTS Construction Permit must be obtained before a building or land use permit may be issued by the Department. 4. Conformance to Prevailing Requirements. Any activity involving an existing system that requires a Construction Permit shall require that the entire system be brought into compliance with this Ordinance. 5. Permit Application Requirements. Construction Permit applications shall be made on forms provided by the Department and signed by the applicant and appropriately Certified practitioner including the practitioner’s certification number and date of expiration. The applications shall include the documents listed in items 1 through 8 below: 1. The Correct address and legal description of the property where the proposed work is to take place. 2. The name and contact information (mailing address, telephone number, and email address) of the property owner. 3. The name, contact information, and MPCA License Number of the SSTS Designer responsible for the system design. 4. Site Evaluation Report as described in Minnesota Rules, Chapter 7080.1730 and on the Department’s permit application. 5. Design Report described in Minnesota Rules, Chapter 7080.2430 and on the Department’s permit application. 6. Site Plan(s) for the proposed system. 7. Management Plan as described in Minnesota Rules, Chapter 7082.0600. 8. Permit Fee. 6. Application Review and Response. The Department shall review a permit application and supporting documents. Upon satisfaction that the proposed work shall conform to the provisions of this Ordinance, the Department shall issue a written permit authorizing construction of the SSTS as designed. In the event the applicant makes a significant change to the approved application, the applicant must contact the Department prior to initiating or continuing construction, modification, or operation to determine whether and amended application shall be necessary, as determined by the Department. If determined necessary, the applicant shall file an amended application detailing the changed conditions for approval prior to initiating or continuing construction, modification, or operation for approval or denial. If the permit application is incomplete or does not meet the requirements of this Ordinance the Department shall deny that application. A notice of denial shall be provided to the applicant, which must state the reason for denial. 7. Permit Expiration. The Construction Permit is valid for a period of no more than one year from its date of issue. 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 a reasonable conformance with the approved design documents by a qualified employee of the Department and independent of the owner and the SSTS installer. 8. Extensions and Renewals. The Department may grant an extension of the Construction Permit if the construction has commenced prior to the original expiration date of the permit. The permit may be extended for a period of no more than six (6) months. 9. Transferability. A construction Permits shall not be transferred to a new owner. The new owner must 13 apply for a new Construction Permit in accordance with this section. 10. Suspension or Revocation. The Department may suspend or revoke a Construction Permit issued under this section for any false statements, misrepresentations of facts on which the Construction Permit was issued, or unauthorized changes to the system design that alter the original function of the system as determined by the Department, change the treatment capacity of the system, change the location of the system, or otherwise change 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 suspended or revoked, installation or modification of a treatment system may not commence or continue until a valid Construction Permit is obtained. 11. Posting. The Construction Permit shall 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. Section 23. Operating Permit. 1. SSTS Requiring and Operating Permit. An Operating Permit shall be required of all owners of new holding tanks, Type IV Systems, Type V Systems, MSTS, or any other system deemed by the Department to require operational oversight. Sewage shall not be discharged to these systems until the Department certifies that the system was installed in substantial conformance with the approved plans, receives the final record drawings of the system, and a valid Operating Permit is issued to the owner. 2. Permit Application Requirements. 1. Application for an Operating Permit shall be made on a form provided by the Department including: 1. Owner name, mailing address, telephone, and email address. 2. Construction Permit reference number and date of issue. 3. Final record drawings of the treatment system. 4. Owners of holding tanks must submit a copy of a valid executed monitoring and disposal contract with a service provider unless they are only pumping tanks. 2. Owners of holding tanks shall provide to the Department 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 in accordance with Minnesota Rules, Chapter 7082.0100, Subd. 3G. This requirement is waived if the owner is a farmer who is exempt from licensing under Minnesota Statutes, section 115.56, subdivision 3, paragraph (b), clause (3). 3. All SSTS existing prior to the effective date of this Ordinance shall require an operating permit upon transfer of ownership, replacement, any modification or expansion that requires a permit, or following any SSTS enforcement action. 3. Department Response. The Department shall review the as-builts, site plans, 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. 4. Operating Permit Terms and Conditions. The Operating Permit shall include the following: 1. System performance requirements. 2. System operating requirements. 14 3. Monitoring locations, procedures and recording requirements. 4. Maintenance requirements and schedules. 5. Compliance limits and boundaries. 6. Reporting requirements. 7. Department notification requirements for non-compliant conditions. 8. Valid contract between the owner and a licensed maintenance business. 9. Disclosure, location and condition of acceptable soil treatment and dispersal system site. 10. Descriptions of acceptable and prohibited discharges. 5. Permit Expiration and Renewal. 1. Operating Permits shall be valid for the specific term stated on the permit as determined by the Department. 2. An Operating Permit must be renewed prior to its expiration. If not renewed, the Department may require the system to be removed from service or operated as a holding tank until the permit is renewed. If not renewed within ninety (90) calendar days of the expiration date, the City may require that the system be abandoned. 3. Application shall be made on a form provided by the Department including: 1. Applicant name, mailing address, telephone, and email address. 2. Reference number of previous owner’s Operating Permit. 3. Any and all outstanding Compliance Monitoring Reports as required by the Operating Permit. 4. Certified treatment system inspection signed and/or sealed by a Certified designer, maintenance contractor, or operator at the discretion of the city. 5. Any revisions made to the operation and maintenance manual. 6. Payment of application review fee as determined by the city. 6. Amendments to Existing Permits not Allowed. The City may not amend an existing permit to reflect changes in this Ordinance until the permit term has expired and is renewed unless an amendment is necessary to eliminate an imminent threat to public health or safety. 7. Transfers. The Operating Permit may not be transferred. A new owner shall apply for an Operating Permit. The Department shall not terminate the current permit until sixty (60) calendar days after the date of sale unless an imminent threat to public health and safety exists. To consider the new owner's application, the Department may require a performance inspection of the treatment system certified by a service provider or Qualified Employee. 8. Suspension or Revocation. 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. 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 15 service, operated as a holding tank, or abandoned in accordance with Section 40-276. At the Department's discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions. 9. Compliance Monitoring. 1. Performance monitoring of a SSTS shall be 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 monitoring report shall be prepared and certified by a licensed service provider. The 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: 1. Owner name, mailing address, telephone, and email address. 2. Operating Permit number. 3. Average daily flow since last compliance monitoring report. 4. Description of type of maintenance and date performed. 5. Description of samples taken (if required), analytical laboratory used, and results of analyses. 6. Problems noted with the system, and actions proposed or taken to correct them. 7. Name, signature, license and license number of the licensed professional who performed the work. Section 24. Abandonment Certification. 1. Purpose. The purpose of the System Abandonment Certification is to ensure that a treatment system no longer in service is abandoned within a reasonable time following decommissioning and in a manner that protects public health, safety, and water quality. It also terminates all permits associated with the system. 2. 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 a SSTS must retain a licensed installation business to abandon all components of the treatment system within sixty (60) calendar days of discontinued use. Abandonment shall be completed in accordance with Minnesota Rules, Chapter 7080.2500. No prior notification to the Department of an owner's intent to abandon a system is necessary. 4. A report of abandonment certified by the licensed installation business shall be submitted to the Department. The report shall include: 16 1. Owner’s name, mailing address, telephone, and email address. 2. Property address. 3. System construction permit and operating permit. 4. The reason(s) for abandonment. 5. 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. 3. Abandonment Certificate. Upon receipt of an abandonment report and its 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 to the requirements of this Ordinance the City shall notify the owner of the SSTS of the deficiencies, which shall be corrected within thirty (30) calendar days of the notice. Section 25. Management Plans. 1. Purpose. 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. 2. Management Plan Requirements. Management plans are required for all new or replacement SSTS. The management plan shall be submitted to the Department with the construction permit application for review and approval within 30 days of planned start of construction. 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. 4. Required Contents of a Management Plan. Management plans shall include: 1. Operating requirements describing tasks that the owner can perform and tasks that a licensed service provider or maintainer must perform. 2. Monitoring requirements. 3. Maintenance requirements including maintenance procedures and a schedule for routine maintenance. 4. Statement that the owner is required to notify the Department when the management plan requirements are not being met. 5. 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. 6. A description of how the system functions. 7. A site plan of the system. 8. Equipment specifications. 9. Emergency operating procedures in the event of a malfunction. 10. A troubleshooting guide. 17 5. Requirements for Systems not Operated Under a Management Plan. SSTS that are not operated under a management plan or operating permit must have treatment tanks inspected and provide for the removal of solids if needed every three years. Solids must be removed when their accumulation meets the limit described in Minnesota Rules, Chapter 7080.2450. System owners shall be required to submit a MPCA Septic Tank Maintenance Reporting Form to the Department every three (3) years. Section 26. Compliance Inspection Program 1. Department Responsibility. It is the responsibility of the Department, or its agent, to perform various SSTS compliance inspections periodically to assure that the requirements of this Ordinance are met. 1. SSTS compliance inspections must be performed: 1. To ensure compliance with applicable requirements. 2. To ensure system compliance before issuance of a permit for addition of a bedroom unless the permit application is made during the period of November 1 to April 30, provided a compliance inspection is performed before the following June 1 and the applicant submits a Certificate of Compliance by the following September 30. 3. For all new SSTS construction or replacement. 4. For an evaluation, investigation, inspection, recommendation, or other process used to prepare a disclosure statement if conducted by a party who is not the SSTS owner. Such an inspection constitutes a compliance inspection and shall be conducted in accordance with Minnesota Rules, Chapter 7082.0700 using the SSTS inspection report forms provided by MPCA. 2. All compliance inspections must be performed and signed by a Certified inspector. 3. 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. The Department shall notify the owner of the Department's intent to inspect the SSTS least two (2) days in advance of the intended inspection. 4. 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. 2. New Construction or Replacement. 1. Compliance inspections must be performed on new or replacement SSTS to determine compliance with Minnesota Rules, Chapters 7080 or 7081. 2. It is the responsibility of the SSTS owner or the owner’s agent to notify the Department two (2) calendar days prior to any permitted work on the SSTS. 3. Installation inspections shall be made at each installation, prior to any work having been covered by backfill. Work that is backfilled prior to the required inspection may be ordered to be uncovered whenever necessary to determine compliance. 4. The licensed installer shall be responsible for notifying the department a minimum of twenty- four (24) hours before the time the work is ready for inspection or re-inspection. 18 5. When, upon inspection, any part of the system is determined not to be in compliance with this division, written notice shall be provided by the Department indicating the deficiency and the required corrections. 6. Noted deficiencies shall be properly corrected and re-inspected before and other work on the project is continued. 7. SSTS found not to be in compliance with Minnesota Rules, Chapter 7080.1500, Subd. 4A or Chapter 7081.0080, Subd. 3 must be repaired or replaced within ten (10) months. 8. No system shall be placed or replaced in service until final inspection and approval of the installation. 9. The contractor, upon completion of the installation, shall file with the department as built drawings indicating the location of system components dimensioned from a permanent reference point. 10. A minimum of three construction inspections are required for mounds in accordance with the following: 1. When the original soil under the mound has been roughened, but prior to placement of the sand fill. Enough of the proposed sand fill must be present to be viewed. 2. After placement of rock and piping, but prior to cover. 3. Final inspection when the job is completed. 11. SSTS that are determined to have operation or monitoring deficiencies must immediately be maintained, monitored, or otherwise managed according to the operating permit. 12. A Certificate of Compliance for new SSTS construction or replacement shall be issued by the Department if the Department has reasonable assurance that the system was built in accordance with the applicable requirements as specified in the construction permit. 13. The Certificate of Compliance must include a certified statement by the 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. 14. The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than fifteen (15) calendar days after the date the inspection was performed. The Department shall deliver the Certificate of Compliance or Notice of Noncompliance to the owner or the owner's agent within fifteen (15) calendar days of receipt from the Qualified Employee. No SSTS shall be placed into operation until a valid ce1tificated of compliance has been issued. 15. Certificates of Compliance for new construction or replacement shall remain valid for five (5) years from the date of issue unless the Department finds evidence of noncompliance. 3. Existing Systems. 1. Compliance inspections shall be required when any of the following conditions occur: 1. When a construction permit is required to repair, modify, or upgrade an existing system. 19 2. Any time there is an expansion of use of the building being served by an existing system. 3. Any time there is a change in use of the property being served by an existing SSTS which may impact the performance of the system. 4. At any time 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 the MPCA. The following conditions must be assessed or verified: 1. Water-tightness assessment of all treatment tanks including a leakage report. 2. Vertical separation distance between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock including a vertical separation verification report. 3. Sewage backup, surface seepage, or surface discharge including a hydraulic function report. 4. Safety assessments of tanks and covers. 5. Any other issues deemed to impact public health and safety or is non-protective of the ground water. 3. The Certificate of Compliance must include a certified statement by the licensed SSTS business, indicating whether the SSTS is 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 include a statement specifying those Ordinance provisions with which the SSTS does not comply. A construction permit application must be submitted to the Department if the required corrective action is not a minor repair. 4. The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than fifteen (15) calendar days after the date the inspection was performed. The Department shall deliver the Certificate of Compliance or Notice of Noncompliance to the owner or the owner's agent within fifteen (15) calendar days of receipt from the licensed SSTS business. 5. Certificates of Compliance for existing SSTS shall remain valid for three (3) years from the date of issue unless the Department finds evidence of noncompliance. 4. Periodically Saturated Soil Disagreements. Disputes involving documented discrepancies on the depth of the periodically saturated soil for SSTS design or compliance purposes shall be resolved according to Minnesota Rules, Chapter 7082.0700, subd. 5. 5. Cost of. 1. The department shall conduct an annual maintenance inspection. The cost of inspection of SSTS in the City shall be the sole responsibility of the Property Owner and shall be as established by the City of Gem Lake and from time to time amended by resolution. An invoice for fees associated with Annual Inspections shall be provided at the time of inspection by the Qualified Employee. Any fees for Annual Inspection which remain unpaid for more than sixty (60) days by the Property Owner to the City may, along with related administrative fees, by certified to Ramsey County for assessment against the real property upon which the SSTS is located. 2. On or before the first day of September (September 1st) of each year the City Clerk shall list the total unpaid charges for each Remedial Action taken against each separate lot or parcel to which 20 they are attributable under this Ordinance. The City Council may then charge all or any portion of such charges plus an additional administrative fee of fifty ($50.00) Dollars against the real property involved as a special assessment under applicable Minnesota Statutes for certification to the County Auditor for collection in the following year with that year's current taxes payable. 6. Transfer of Properties. 1. Whenever a conveyance of land including a structure that is required to have a SSTS occurs, which includes property foreclosures and tax forfeited transfers, the following requirements shall be met: 1. A compliance inspection shall have been performed and a Certificate of Compliance shall have been submitted to the Department within three (3) years for SSTS older than five (5) years of within five (5) years if they system is less than five (5) years old, prior to the intended sale or transfer of the property, unless evidence is found identifying the SSTS as an Imminent Threat to Public Health and Safety or Failing to Protect Groundwater. 2. The compliance inspection must have been performed by the licensed SSTS business following procedures described in Section 26. 3. The seller of the property must disclose in writing information about the status and location of all known SSTS on the property to the buyer on a form acceptable to the Department. 4. If the seller fails to provide a Certificate of Compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a compliant SSTS. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney-at-law, or Federal or State chartered financial institution. The amount escrowed shall be equal to one hundred fifty percent (150%) of a written estimate to install a compliant SSTS as provided by a licensed SSTS installer, or the amount escrowed shall be equal to one hundred ten percent (110%) of the written contract price for the installation of a compliant SSTS provided by a licensed SSTS installer. After a compliant SSTS has been installed and a Certificate of Compliance issued, the Department shall provide the escrow agent a copy of the Certificate of Compliance. The escrow may also be used to connect to a municipal sanitary sewer collection system permitted by the MPCA if the Department determines that an extension of the municipal sanitary sewer collection system to serve the property is feasible. 2. A Certificate of Compliance is not required if the sale or transfer involves the following circumstances: 1. The affected tract of land is without buildings or contains no dwellings or other building with plumbing fixtures. 2. The transfer does not require the filing of a Certificate of Real Estate Value, as described in Minnesota Statutes, Section 272.115, Subdivision 1. 3. The sale or transfer completes a contract for deed or purchase agreement entered into prior to the effective date of this Ordinance. This subsection applied to the original vendor and vendee on such contract. 4. All dwellings or other building are served by a municipal sanitary sewer collection system permitted by the MPCA. 3. All property conveyances subject to this ordinance occurring during the period between 21 November 15th and April 15th, when SSTS compliance cannot be determined due to frozen soil conditions, shall require a winter agreement, which includes an application for a SSTS permit and an agreement to complete a compliance inspection by the following June 1st by a licensed inspection business. If upon inspection the SSTS is fow1d to be in compliance, the permit fee will be refunded. If upon inspection the system is found to be non- compliant, an escrow agreement must be established in accordance with paragraph (1) d. above, and a compliant SSTS installed within the timeframe outlined in the Notice of Noncompliance. 4. The responsibility for completing the compliance inspection under paragraph (1) a. above, or for upgrading a system found to be non-compliant shall be determined by the buyer and seller. Buyer and seller shall provide the Department with a signed statement indicating responsibility for completion of the compliance inspection and for upgrading a system found to be non-compliant. 5. The issuance of permits, Certificates of Compliance, or Notices of Noncompliance shall not be construed to represent a guarantee or warranty of the system's operation or effectiveness. Such permits or certificates only represent that the system has been designed and installed in compliance or non-compliance with the provisions of these standards and regulations. Section 27. Violations. 1. 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 Statutes. Each day that a violation exists shall constitute a separate offense. 2. 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 scheduled for correction, removal, and compliance with this Ordinance. 3. 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 City 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, the work shall not resume until the reason for the work stoppage has been completely satisfied, any administrative fees paid, and the cease-and-desist order lifted. Section 28. Prosecution. In the event of a violation or threatened violation of this Ordinance, the City may, in addition to other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct, or abate such violations or threatened violations and the City Attorney shall have authority to commence such civil action. The Department and City Attorney may take such actions as may be necessary to enforce the provisions of this Ordinance. Section 29. State Notification of Violation. In accordance with state law, the Department shall notify the MPCA of any inspection, installation, design, construction, alteration, or repair of a SSTS by a licensed/ce1iified person or any septage removal by a licensed pumper that is performed in violation of the provisions of this Ordinance. If there is known contamination of groundwater, the city also may notify the MDH for a possible well advisory. Section 30. Costs and Reimbursements. If the Department is required to remove or abate an imminent threat to 22 public health or safety, the Department may recover all costs incurred in removal or abatement in a civil action, including legal fees; at the discretion of the City Council, the cost of an enforcement action under this Ordinance may be assessed against the real property on which the public health nuisance was located. Section 31. Record Keeping. The City shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, Certificates of Compliance, notices of noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, an annual list of all sewage tanks installed in the City sorted by licensed installation businesses, and other records relevant to each system. Section 32. Annual Report. The Department shall provide an annual report of SSTS permitting activities to MPCA no later than February 1 for the previous calendar year. Section 33. Fees. From time to time, the City Council shall establish fees for activities undertaken by the Department pursuant to this Ordinance. Fees shall be due and payable at a time and in a manner to be determined by the Department. Section 34. Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. Section 35. Severability. If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this Ordinance shall not be affected and shall remain in full force. Section 36. Abrogation and Greater Restrictions This Ordinance replaces Ordinance No. 67C in its entirety. All other Ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. Section 37. Enactment. This Ordinance 67D is placed in full force and effect on MONTH, DAY, YEAR by a X-X vote of the City Council of the City of Gem Lake. Adopted by the City Council of the City of Gem Lake, Minnesota on the DAY of MONTH YEAR. ________________________ __________________________ Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk 23 City of Gem Lake, Ramsey County, Minnesota Subsurface Sewage Treatment Systems (SSTS) Ordinance No. 67D This ordinance establishing minimum requirements for regulation of ISTS and MSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the City to protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances, was originally enacted by the City in August 1983. The City Council has made amendments to the Ordinances in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinances and the said amendments. Ordinance Description Enactment 46 Regulating “Seepage Disposal and the Design, Location, Installation, Renovation, Operation, Maintenance and Inspection of Individual Sewage Treatment Systems” August 1983 61 Defining “bi-annual inspection and maintenance routines for on-site sewage disposal systems.” May 1992 67 An ordinance replacing Ordinances 46 and 61. December 1997 67B An ordinance replacing Ordinance 67. July 2004 67B An amendment to 67B revising the annual inspection timeline (Ordinance 108) July 2009 67C An ordinance replacing Ordinance 67B. April 2014 67D An ordinance replacing Ordinance 67C. August 2016 67D An amendment to 67D. Insert Date Here City of Gem Lake Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Applicant: Townhouse Accessory StructureTwo-Family HomeSingle-Family HomeCommercialPublic/Institutional ContractorOwner Holding Tank Sale/Transfer of PropertyReplacementNew ConstructionBedroom Addition Reason for Certificate of Compliance Property Information Contractor Information Inspector Information Inspector: Date of Inspection: Phone: Email: Additional Project Details Applicant Signature:Date: Contractor: State License #:Lead Certification #: Phone:Contact Person: Address:Email: Zip:State:City: Property Owner:Phone: Address:Email: Zip:State:City: Approved by:Date: Permit No.: For Office Use Only Septic System Certificate of Compliance Requirements Notes Complete? For Office Use Only Property and property owner identification Date of inspection A management plan, complete and included with application A vertical separation distance report, complete and included with application A certified statement from a certified individual or qualified employee, to include on the Certificate of Compliance indicating the SSTS is in compliance with Gem Lake ordinance requirements. Memorandum To: Gem Lake Planning Commission Project Reference: Solicitors Ordinance Review Copies To: Melissa Lawrence, City Clerk Kevin Beck, Attorney TKDA Project No.: 21076.000 From: CJ Sycks, Planner Client No.: Evan Monson, Planner Date: November 5, 2024 SUBJECT: Discussion regarding the Gem Lake Solicitors Ordinance No. 111 MEETING DATE: November 12, 2024 ITEMS REVIEWED: Gem Lake Ordinance No. 111, League of Minnesota Cities Model Ordinance, and Information Memo OVERVIEW The City Council has tasked the Planning Commission with reviewing Ordinance No. 111 regarding peddlers, solicitors, and transient merchants. Ord. No. 111 was adopted on October 19, 2009, and has not been amended since. The League of Minnesota Cities (LMC) model ordinance defines each as follows: • A peddler is “A person who goes door-to-door for the purpose of offering for sale, displaying for sale, selling or attempting to sell the goods, wares, products, merchandise, or other property that the person is carrying or otherwise transporting for delivery immediately upon sale. For purposes of this ordinance, the term peddler shall have the same common meaning as the term “hawker.” • A solicitor is “A person who goes from house-to-house, door-to-door, business-to-business, street-to- street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain orders as discussed above. For purposes of this ordinance, the term solicitor shall have the same meaning as the term canvasser.” • A transient merchant is “A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who does not remain in any one location for more than fourteen (14) consecutive days” CURRENT ORDINANCE There are nine prohibited activities listed in the Ordinance. There are no suggested amendments to these prohibited activities: 1. Calling attention to his or her activities or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. 2. Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. Gem Lake – Solicitors Ordinance Updates Gem Lake Planning Commission Meeting 11/12/24 November 5, 2024 Page 2 3. Conducting themselves or their business in a way as to create a threat to the health, safety, and welfare of any specific individual or the general public. 4. Conducting business before 8 a.m. or after 8 p.m. 5. Failing to provide proof of license, or registration, and identification when requested. 6. Using the license or registration of another person. 7. Alleging false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person. 8. Remaining on the property of another when requested to leave. 9. Otherwise conducting themselves or operating their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive. The current ordinance requires that all peddlers receive a county AND a city license. All transient merchants must obtain a city license. All solicitors must register with the city. Below are the requirements for license/registration applicants. There are no suggested amendments to these requirements: a) The applicant’s full legal name. b) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to. c) A physical description of the applicant (hair color, eye color, height, weight, any distinguishing marks or features, and the like). d) Full address of applicant’s permanent residence. e) Telephone number of applicant’s permanent residence. f) Full legal name of any and all business operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent. g) Full address of applicant’s regular place of business if any exists. h) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines. i) The type of business for which the applicant is applying for a license. j) Whether the applicant is applying for an annual or daily license. k) The dates during which the applicant intends to conduct business. If the applicant is applying for a daily license, the number of days he or she will be conducting business within the city, with a maximum of fourteen (14) consecutive days. l) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up his or her business. m) A statement as to whether or not the applicant has been convicted with the last five (5) years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses. n) A list of the three (3) most recent locations where the applicant has conducted business as a peddler or transient merchant. o) Proof of any required county license. p) Written permission of the property owner or the property owner’s agent for any location to be used by a transient merchant. q) A general description of the items to be sold or services to be provided. r) Any and all additional information as may be deemed necessary by the City Council. s) The applicant’s driver’s license number or other acceptable form of identification. t) The license plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the licensed business operation. Gem Lake – Solicitors Ordinance Updates Gem Lake Planning Commission Meeting 11/12/24 November 5, 2024 Page 3 ORDINANCE UPDATES The following updates have been proposed to align with the LMC’s model ordinance, and to follow the City’s typical Ordinance formatting. Section Action Content Section 2. Definitions Remove Canvasser (incorporated into the definition of “Solicitor”) Add “For the purpose of this ordinance, the term door-to-door advocate shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for non-commercial purposes” to the Non-Commercial Door-to-Door Advocate definition Remove “Engaged in for profit business with no fixed place of business…” from the definition of Peddler. Remove Professional Fundraiser is not included in the LMC model ordinance. Review this definition and Section 8.3; could remove. Update The definition of Solicitor to “A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain orders as discussed above. For purposes of this ordinance, the term solicitor shall have the same meaning as the term canvasser” Update The definition of Transient Merchant to “A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who does not remain in any one location for more than fourteen (14) consecutive days” Section 8. Registration Remove 8.3 is a variation from the model ordinance. Consider keeping or removing “Professional fundraisers not exempt. A professional fundraiser working on behalf of an otherwise exempt group or person shall not be exempt from the licensing requirements of this ordinance.” Section 13. Enactment Update Formatting to match that of recent City Ordinances. History of the Ordinance Add A table describing the history of the ordinance. Gem Lake – Solicitors Ordinance Updates Gem Lake Planning Commission Meeting 11/12/24 November 5, 2024 Page 4 CITY FEE SCHEDULE The City Fee Schedule outlines fees in Section 13. The city charges $100.00 for an annual license, $50.00 for a 1–14-day license, and $50.00 for a background check for up to two people. For additional background checks, there is a $20.00 fee for each additional person. The Commission should discuss these fees and consider keeping or changing the fee(s). An excerpt from the adopted City Fee Schedule, Section 13 RECOMMENDATION The Commission should review the draft ordinance and consider any additional amendments. If the Commission desires additional changes, direction regarding additional ordinance changes should be provided to staff. Attachments: 1. Ordinance No. 111 Solicitors – Redlined 2. Peddlers, Solicitors, and Transient Merchant License Fillable CIS:epm CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 111 AN ORDINANCE REGULATING THE CONDUCT OF PEDDLERS, SOLICITIORS, AND TRANSIENT MERCHANTS WITHIN THE CITY OF GEM LAKE THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: SECTION 1. . PURPOSE AND INTENT. The purpose of this Ordinance is to ensure citizens’ privacy rights in their homes and protect residents from fraud and other crimes. This regulation ordinance is intended to regulate the appropriate time, place and manner of door-to-door or transient business methods employed within the City. In doing so, theThis Ordinance shall be applied without regard to the affiliations or messages of any person engaged in these practices. It is not the intent of this ordinance to prohibit or place any prior restraint on a person’s freedom of speech, religion or association, and any conflict between this Ordinance and those interests shall be resolved in favor of the speech, religionreligion, or associative interest. SECTION 2. . DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CANVASSER. A person who goes door-to-door for the purpose of obtaining or attempting to further advocacy of a religious, social or political organization or cause through collection of signatures, donations, memberships, other financial support, or taking orders for goods to be delivered at a later date in order to raise money for the supported not-for- profit organization or cause. DOOR-TO-DOOR. . Where used, this term refers to the act of going from house to house, business to business, street to street, or any other type of place-to-place movement within the City of Gem Lake in furtherance of activity described within this Ordinance, without prior invitation by the owner or occupant of each of the places visited for that purpose. NON-COMMERICAL DOOR-TO-DOOR ADVOCATE. A person who goes door-to- door for the primary purpose of disseminating religious, political, social, or other ideological beliefs, through personal interaction, distribution of written materials, or both. For purpose of this ordinance, the term door-to-door advocate shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for non- commercial purposes. PEDDLER. A person whoengaged in for-profit business with no fixed place of business, but goes door-to-door for the purpose of offering for sale, displaying for sale, selling or attempting to sell the goods, wares, products, merchandise, or other property that the person is carrying or otherwise transporting for delivery immediately upon sale. For purposes of Commented [EM1]: Removed; adding edits to ‘non- commercial door-to-door advocate’ and ‘solicitor’ per the LMC Model ordinance Commented [EM2]: From LMC model ordinance Commented [EM3]: This highlighted is not in the LMC model ordinance, could remove from ours this ordinance, the term peddler shall have the same common meaning as the term “hawker.” PERSON. Any natural individual, group, organization, corporation, partnership, or similar association. PROFESSIONAL FUNDRAISER. Any person, including a corporation or other entity, who, for compensation, performs any solicitations or other services for a religious, politician, social, or other charitable organization. REGULAR BUSINESS DAY. Any day during which the city hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be considered regular business days. SOLICITOR. A person who goes from house-to-house, door-to-door, business-to- business, street-to-street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain orders as discussed above. For purposes of this ordinance, the term solicitor shall have the same meaning as the term canvasser.A person engaged in for- profit business who goes door-to-door for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services for which delivery or performance shall occur at a later time. TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who does not remain in any one location for more than fourteen (14) consecutive days.A person who engages in temporary or transient for-profit business in the city selling or attempting to sell goods, wares, products, merchandise or other property, and who for the purpose of carrying on such business hires, leases, occupies or uses a vehicle, trailer, boxcar, tent, portable shelter, or vacant lot for the exhibition and sale of such items, or who leases or intends to occupy a building or portion thereof for fewer than four (4) months for the exhibition and sale of such items. SECTION 3. EXCEPTIONS TO DEFINITIONS. . For the purpose of this chapter, the terms PEDDLER, SOLICITOR, and TRANSIENT MERCHANT shall not apply to: 3.1 Non-commercial door-to-door advocates and canvassers. Nothing within this ordinance shall be interpreted to prohibit or restrict non-commercial door-to-door advocates and canvassers. Person engaging in such activity shall not be required to register as a solicitor under Section 7. Commented [EM4]: Not included in LMC model ordinance, could remove from ours Commented [EM5]: From LMC Model Ordinance Commented [EM6]: From LMC Model Ordinance 3.2 Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler. 3.3 Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk. 3.4 Any person selling products of a farm or garden which that person occupies and cultivates. 3.5 Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, or when publications are delivered to the community at large, even if the publications contain advertising or solicitations for a for-profit business. 3.6 Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales. 3.7 Any person participating in an organized multi-person bazaar or flea market. 3.8 Any person conducting an auction as a properly licensed auctioneer. 3.9 Any officer of the court conducting a court-ordered sale. Exemption from these definitions shall not, for the scope of this chapter, excuse any person from complying with any other applicable statutory provision or requirement provided by another city ordinance. . A person exempt from these definitions must still obey a placard posted by a property owner or tenant as described in Section 10. SECTION 4. LICENSING; EXEMPTIONS. 4.1 County license required. No person shall conduct business as a transient merchant within the city limits without first having obtained a Transient Merchant License from Ramsey County. 4.2 City license required. Except as otherwise provided for by this Ordinance, no person shall conduct business within the City of Gem Lake as a peddler or a transient merchant without first obtaining a license from the City. . Solicitors need not be licensed, butlicensed but are required to register with the city pursuant to Section 8. 4.3 Application. An application for a city license to conduct business as a peddler or transient merchant shall be made at least fourteen (14) regular business days before the applicant desires to begin conducting a business operation within the city. Application for a license shall be made on a form approved by the City Council and available from the office of the city clerk. All applications shall be signed by the applicant. All applications shall include the following information: (a) The applicant’s full legal name. (b) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to. (c) A physical description of the applicant (hair color, eye color, height, weight, any distinguishing marks or features, and the like). (d) Full address of applicant’s permanent residence. (e) Telephone number of applicant’s permanent residence. (f) Full legal name of any and all business operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent. (g) Full address of applicant’s regular place of business, ifbusiness if any exists. (h) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines. (i) The type of business for which the applicant is applying for a license. (j) Whether the applicant is applying for an annual or daily license. (k) The dates during which the applicant intends to conduct business. If the applicant is applying for a daily license, the number of days he or she will be conducting business within the city, with a maximum of fourteen (14) consecutive days. (l) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up his or her business. (m) A statement as to whether or not the applicant has been convicted with the last five (5) years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses. (n) A list of the three (3) most recent locations where the applicant has conducted business as a peddler or transient merchant. (o) Proof of any required county license. (p) Written permission of the property owner or the property owner’s agent for any location to be used by a transient merchant. (q) A general description of the items to be sold or services to be provided. (r) Any and all additional information as may be deemed necessary by the City Council. (s) The applicant’s driver’s license number or other acceptable form of identification. (t) The license plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the licensed business operation. 4.4 Fee. All applications for a license under this chapter shall be accompanied by the fee established in the city licensing fee schedule as it may be amended from time to time. 4.5 Procedure. Upon receipt of the application and payment of the license fee, the city clerk will, within two (2) regular business days, determine if the application is complete. An application will be considered complete if all required information is provided. If the city clerk determines that the application is incomplete, the city clerk must inform the applicant of the required, necessary information that is missing. If the application is complete, the city clerk must order any investigation, including background checks, necessary to verify the information provided with the application. Within ten (10) regular business days of receiving a complete application the city clerk must issue the license unless grounds exist for denying the license application under Section 4, in which case the clerk must deny the request for a city peddler or transient merchant license. If the city clerk denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant’s right to appeal the denial by requesting, within twenty (20) days of receiving notice of rejection, a public hearing before the City Council. The City Council shall hear the appeal with twenty (20) days of the date of the request for a hearing. The decision of the City Council following the public hearing can be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari. 4.6 Duration. An annual license granted under this ordinance shall be valid for one calendar year from the date of issuance. All other licenses granted to peddlers and transient merchants under this ordinance shall be valid only during the time period indicated on the license. SECTION 5. LICENSE INELIGIBILITY. . The following shall be grounds for denying a peddler or transient merchant license: 5.1 The failure of an applicant to obtain and demonstrate proof of having obtained any required county license. 5.2 The failure of an applicant to truthfully provide any information requested by the city as part of the application process. 5.3 The failure of an applicant to sign the license application. 5.4 The failure of an applicant to pay the required fee at the time of application. 5.5 A conviction with the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. 5.6 The revocation with the past five (5) years of any license issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. 5.7 Established bad business reputation. Evidence of a bad business reputation shall include, but is not limited to, the existence of more than three (3) complaints against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general’s office, or other similar business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) complaints filed with the City against an applicant within the preceding five (5) years. SECTION 6. LICENSE SUPENSION AND REVOCATION 6.1 Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following: (a) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form. (b) Fraud, misrepresentationmisrepresentation, or false statements made during the course of the licensed activity. (c) Subsequent conviction of any offense to which the granting of the license could have been denied under Section 4. (d) Engaging in any prohibited activity as provided under Section 8 of this ordinance. (e) Violation of any other provision of this ordinance. 6.2 Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person’s authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. 6.3 Notice. Prior to revoking or suspending any license issued under this chapter, the city shall provide a license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, of if no residential address is listed, to the business address provided on the license application. 6.4 Public Hearing. Upon receiving the notice provided in section 6.3, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the city clerk within ten (10) days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within twenty (20) days from the date of the request for the public hearing. Within three (3) regular business days of the hearing, the City Council shall notify the licensee of its decision. 6.5 Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this ordinance, the City Council may immediately suspend the person’s license and provide notice of the right to hold a subsequent public hearing as prescribed in section 6.4. 6.6 Appeal. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. SECTION 7. LICENSE TRANSFERABILITY. . No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued. SECTION 8. REGISTRATION. 8.1 All solicitors shall be required to register with the city prior to engaging in those activities. Registration shall be made on the same form required for a license application, but no fee shall be required. Immediately upon completion of the registration form, the city clerk shall issue to the registrant a certificate of registration as proof of the registration. Certificates of registration shall be non-transferrable. 8.2 Individuals that will be engaging in canvassing or non-commercial door-to-door advocacy shall not be required to register. 8.3 Professional fundraisers not exempt. A professional fundraiser working on behalf of an otherwise exempt group or person shall not be exempt from the licensing requirements of this ordinance. SECTION 9. PROHIBITED ACTIVITIES. . No peddler, solicitor, canvasser, transient merchant, non-commercial door-to-door advocate, or other person engaged in other similar activities shall conduct business in any of the following manner: 9.1 Calling attention to his or her activities or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. 9.2 Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. 9.3 Conducting themselves or their business in a way as to create a threat to the health, safety, and welfare of any specific individual or the general public. 9.4 Conducting business before 8 a.m. or after 8 p.m. 9.5 Failing to provide proof of license, or registration, and identification when requested. 9.6 Using the license or registration of another person. 9.7 Alleging false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person. Commented [EM7]: Not included in LMC model ordinance, could remove from ours. 9.8 Remaining on the property of another when requested to leave. 9.9 Otherwise conducting themselves or operating their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive. SECTION 10. EXCLUSION BY PLACARD. . Unless specifically invited by the property owner or tenant, no peddler, solicitor, transient merchant, canvasser, non-commercial door-to-door advocate, or other person engaged in other similar activities shall enter onto the property of another for the purpose of conducting such business when the property is marked with a sign or placard that is: (1) At least four inches long; (2) At least four inches wide; (3) With print of at least 48 point in size; (4) Which states “No Peddlers, Solicitors or Transient Merchants,” “Peddlers, Solicitors, and Transient Merchants Prohibited,” or other comparable statement. No person other than the property owner or tenant shall remove, deface, or otherwise tamper with any sign or placard under this section. SECTION 11. PENALTY. . Any individual found in violation of any provision of this ordinance, including disobedience of a property placard, shall be a guilty of a misdemeanor. SECTION 12. SEVERABILITY. . If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 13. ENACTMENT.EFFECTIVE DATE. . This Ordinance 111 is placed in full force and effect on MONTH, DAY, YEAR by a X-X vote of the City Council of the City of Gem Lake. shall take effect and be in force upon its passage and publication. Adopted by the City Council of the City of Gem Lake, Minnesota on the DAY of MONTH YEAR. Dated: ______________________, 2009 ________________________ __________________________ Robert UzpenGretchen Artig-Swomley, – Mayor William ShortMelissa Lawrence, - Acting City Clerk Summary of Ordinance 111 approved by City Council and published in the White Bear Press on ________________, 2009. City of Gem Lake, Ramsey County, Minnesota Peddlers, Solicitors, and Transient Merchants Ordinance No. 111 This ordinance regulating the conduct of peddlers, solicitors, and transient merchants within the City of Gem Lake was originally enacted by the City on October 19,.2009. Since that time, the City Council has made amendments to the Ordinances in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinances and the said amendments. Ordinance Description Enactment 111 An ordinance regulating the conduct of peddlers, solicitors, and transient merchants within the City of Gem Lake. 19 October 2009 111 Amending to update and revise definitions, grammar, and formatting. __ November 2024 CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 111 AN ORDINANCE REGULATING THE CONDUCT OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS WITHIN THE CITY OF GEM LAKE THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: SECTION 1. PURPOSE AND INTENT. The purpose of this Ordinance is to ensure citizens’ privacy rights in their homes and protect residents from fraud and other crimes. This ordinance is intended to regulate the appropriate time, place and manner of door-to-door or transient business methods employed within the city. This Ordinance shall be applied without regard to the affiliations or messages of any person engaged in these practices. It is not the intent of this ordinance to prohibit or place any prior restraint on a person’s freedom of speech, religion or association, and any conflict between this Ordinance and those interests shall be resolved in favor of the speech, religion, or associative interest. SECTION 2. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DOOR-TO-DOOR. Where used, this term refers to the act of going from house to house, business to business, street to street, or any other type of place-to-place movement within the City of Gem Lake in furtherance of activity described within this Ordinance, without prior invitation by the owner or occupant of each of the places visited for that purpose. NON-COMMERICAL DOOR-TO-DOOR ADVOCATE. A person who goes door-to- door for the primary purpose of disseminating religious, political, social, or other ideological beliefs, through personal interaction, distribution of written materials, or both. For purpose of this ordinance, the term door-to-door advocate shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for non- commercial purposes. PEDDLER. A person who goes door-to-door for the purpose of offering for sale, displaying for sale, selling, or attempting to sell the goods, wares, products, merchandise, or other property that the person is carrying or otherwise transporting for delivery immediately upon sale. For purposes of this ordinance, the term peddler shall have the same common meaning as the term “hawker.” PERSON. Any natural individual, group, organization, corporation, partnership, or similar association. REGULAR BUSINESS DAY. Any day during which the city hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be considered regular business days. SOLICITOR. A person who goes from house-to-house, door-to-door, business-to- business, street-to-street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain orders as discussed above. For purposes of this ordinance, the term solicitor shall have the same meaning as the term canvasser. TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who does not remain in any one location for more than fourteen (14) consecutive days. SECTION 3. EXCEPTIONS TO DEFINITIONS. For the purpose of this chapter, the terms PEDDLER, SOLICITOR, and TRANSIENT MERCHANT shall not apply to: 3.1 Non-commercial door-to-door advocates and canvassers. Nothing within this ordinance shall be interpreted to prohibit or restrict non-commercial door-to-door advocates and canvassers. Person engaging in such activity shall not be required to register as a solicitor under Section 7. 3.2 Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler. 3.3 Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk. 3.4 Any person selling products of a farm or garden which that person occupies and cultivates. 3.5 Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, or when publications are delivered to the community at large, even if the publications contain advertising or solicitations for a for-profit business. 3.6 Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales. 3.7 Any person participating in an organized multi-person bazaar or flea market. 3.8 Any person conducting an auction as a properly licensed auctioneer. 3.9 Any officer of the court conducting a court-ordered sale. Exemption from these definitions shall not, for the scope of this chapter, excuse any person from complying with any other applicable statutory provision or requirement provided by another city ordinance. A person exempt from these definitions must still obey a placard posted by a property owner or tenant as described in Section 10. SECTION 4. LICENSING; EXEMPTIONS. 4.1 County license required. No person shall conduct business as a transient merchant within the city limits without first having obtained a Transient Merchant License from Ramsey County. 4.2 City license required. Except as otherwise provided for by this Ordinance, no person shall conduct business within the City of Gem Lake as a peddler or a transient merchant without first obtaining a license from the City. Solicitors need not be licensed but are required to register with the city pursuant to Section 8. 4.3 Application. An application for a city license to conduct business as a peddler or transient merchant shall be made at least fourteen (14) regular business days before the applicant desires to begin conducting a business operation within the city. Application for a license shall be made on a form approved by the City Council and available from the office of the city clerk. All applications shall be signed by the applicant. All applications shall include the following information: (a) The applicant’s full legal name. (b) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to. (c) A physical description of the applicant (hair color, eye color, height, weight, any distinguishing marks or features, and the like). (d) Full address of applicant’s permanent residence. (e) Telephone number of applicant’s permanent residence. (f) Full legal name of any and all business operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent. (g) Full address of applicant’s regular place of business if any exists. (h) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines. (i) The type of business for which the applicant is applying for a license. (j) Whether the applicant is applying for an annual or daily license. (k) The dates during which the applicant intends to conduct business. If the applicant is applying for a daily license, the number of days he or she will be conducting business within the city, with a maximum of fourteen (14) consecutive days. (l) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up his or her business. (m) A statement as to whether or not the applicant has been convicted with the last five (5) years of any felony, gross misdemeanor, or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses. (n) A list of the three (3) most recent locations where the applicant has conducted business as a peddler or transient merchant. (o) Proof of any required county license. (p) Written permission of the property owner or the property owner’s agent for any location to be used by a transient merchant. (q) A general description of the items to be sold or services to be provided. (r) Any and all additional information as may be deemed necessary by the City Council. (s) The applicant’s driver’s license number or other acceptable form of identification. (t) The license plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the licensed business operation. 4.4 Fee. All applications for a license under this chapter shall be accompanied by the fee established in the city licensing fee schedule as it may be amended from time to time. 4.5 Procedure. Upon receipt of the application and payment of the license fee, the city clerk will, within two (2) regular business days, determine if the application is complete. An application will be considered complete if all required information is provided. If the city clerk determines that the application is incomplete, the city clerk must inform the applicant of the required, necessary information that is missing. If the application is complete, the city clerk must order any investigation, including background checks, necessary to verify the information provided with the application. Within ten (10) regular business days of receiving a complete application the city clerk must issue the license unless grounds exist for denying the license application under Section 4, in which case the clerk must deny the request for a city peddler or transient merchant license. If the city clerk denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant’s right to appeal the denial by requesting, within twenty (20) days of receiving notice of rejection, a public hearing before the City Council. The City Council shall hear the appeal with twenty (20) days of the date of the request for a hearing. The decision of the City Council following the public hearing can be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari. 4.6 Duration. An annual license granted under this ordinance shall be valid for one calendar year from the date of issuance. All other licenses granted to peddlers and transient merchants under this ordinance shall be valid only during the time period indicated on the license. SECTION 5. LICENSE INELIGIBILITY. The following shall be grounds for denying a peddler or transient merchant license: 5.1 The failure of an applicant to obtain and demonstrate proof of having obtained any required county license. 5.2 The failure of an applicant to truthfully provide any information requested by the city as part of the application process. 5.3 The failure of an applicant to sign the license application. 5.4 The failure of an applicant to pay the required fee at the time of application. 5.5 A conviction with the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. 5.6 The revocation with the past five (5) years of any license issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. 5.7 Established bad business reputation. Evidence of a bad business reputation shall include, but is not limited to, the existence of more than three (3) complaints against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general’s office, or other similar business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) complaints filed with the City against an applicant within the preceding five (5) years. SECTION 6. LICENSE SUPENSION AND REVOCATION 6.1 Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following: (a) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form. (b) Fraud, misrepresentation, or false statements made during the course of the licensed activity. (c) Subsequent conviction of any offense to which the granting of the license could have been denied under Section 4. (d) Engaging in any prohibited activity as provided under Section 8 of this ordinance. (e) Violation of any other provision of this ordinance. 6.2 Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person’s authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. 6.3 Notice. Prior to revoking or suspending any license issued under this chapter, the city shall provide a license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, of if no residential address is listed, to the business address provided on the license application. 6.4 Public Hearing. Upon receiving the notice provided in section 6.3, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the city clerk within ten (10) days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated timeframe, a hearing shall be scheduled within twenty (20) days from the date of the request for the public hearing. Within three (3) regular business days of the hearing, the City Council shall notify the licensee of its decision. 6.5 Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this ordinance, the City Council may immediately suspend the person’s license and provide notice of the right to hold a subsequent public hearing as prescribed in section 6.4. 6.6 Appeal. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. SECTION 7. LICENSE TRANSFERABILITY. No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued. SECTION 8. REGISTRATION. 8.1 All solicitors shall be required to register with the city prior to engaging in those activities. Registration shall be made on the same form required for a license application, but no fee shall be required. Immediately upon completion of the registration form, the city clerk shall issue to the registrant a certificate of registration as proof of the registration. Certificates of registration shall be non-transferrable. 8.2 Individuals that will be engaging in canvassing or non-commercial door-to-door advocacy shall not be required to register. SECTION 9. PROHIBITED ACTIVITIES. No peddler, solicitor, canvasser, transient merchant, non-commercial door-to-door advocate, or other person engaged in other similar activities shall conduct business in any of the following manner: 9.1 Calling attention to his or her activities or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. 9.2 Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. 9.3 Conducting themselves or their business in a way as to create a threat to the health, safety, and welfare of any specific individual or the general public. 9.4 Conducting business before 8 a.m. or after 8 p.m. 9.5 Failing to provide proof of license, or registration, and identification when requested. 9.6 Using the license or registration of another person. 9.7 Alleging false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person. 9.8 Remaining on the property of another when requested to leave. 9.9 Otherwise conducting themselves or operating their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive. SECTION 10. EXCLUSION BY PLACARD. Unless specifically invited by the property owner or tenant, no peddler, solicitor, transient merchant, canvasser, non-commercial door-to-door advocate, or other person engaged in other similar activities shall enter onto the property of another for the purpose of conducting such business when the property is marked with a sign or placard that is: (1) At least four inches long; (2) At least four inches wide; (3) With print of at least 48 point in size; (4) Which states “No Peddlers, Solicitors or Transient Merchants,” “Peddlers, Solicitors, and Transient Merchants Prohibited,” or other comparable statement. No person other than the property owner or tenant shall remove, deface, or otherwise tamper with any sign or placard under this section. SECTION 11. PENALTY. Any individual found in violation of any provision of this ordinance, including disobedience of a property placard, shall be a guilty of a misdemeanor. SECTION 12. SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 13. ENACTMENT. This Ordinance 111 is placed in full force and effect on MONTH, DAY, YEAR by a X-X vote of the City Council of the City of Gem Lake. Adopted by the City Council of the City of Gem Lake, Minnesota on the DAY of MONTH YEAR. ________________________ __________________________ Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk City of Gem Lake, Ramsey County, Minnesota Peddlers, Solicitors, and Transient Merchants Ordinance No. 111 This ordinance regulating the conduct of peddlers, solicitors, and transient merchants within the City of Gem Lake was originally enacted by the City on October 19,2009. Since that time, the City Council has made amendments to the Ordinances in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinances and the said amendments. Ordinance Description Enactment 111 An ordinance regulating the conduct of peddlers, solicitors, and transient merchants within the City of Gem Lake. 19 October 2009 111 Amending to update and revise definitions, grammar, and formatting. __ November 2024