Agenda - Council Work Session - 04/11/2023

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1 b. Sewage treatment. Any premises used for human occupancy must be provided with an 2 adequate method of sewage treatment, as follows: 3 1. Publicly owned sewer systems must be used where available. 4 2. All private sewage treatment systems must meet or exceed the Minn. Rules. ch. 7080, a 5 copy of which is adopted by reference and declared to be a part of this subdivision. 6 3. On -site sewage treatment systems must be set back from the ordinary high water level in 7 accordance with the setbacks contained in this subdivision. 8 4. All proposed sites for individual sewage treatment systems shall be evaluated in 9 accordance with the criteria in subsections (g)(7)b.4(i) through (iv) of this section. If the 10 determination of a site's suitability cannot be made with publicly available, existing 11 information, it shall then be the responsibility of the applicant to provide sufficient soil 12 borings and percolation tests from on -site field investigations. Evaluation criteria: 13 (i) Depth to the highest known or calculated groundwater table or bedrock; 14 (ii) Soil conditions, properties, and permeability; 15 (iii) Slope; 16 (iv) The existence of lowlands, local surface depressions, and rock outcrops. 17 5. Nonconforming sewage treatment systems shall be regulated and upgraded in 18 accordance with section 117-226(3)a. 19 20 Shoreland Overlay PUDs 21 (a) Types of PUDs permissible. Planned unit developments (PUDs) are allowed for new projects on 22 undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and 23 land. The land use districts in which they are an allowable use are identified in the land use district 24 descriptions in this subdivision and the official zoning map. 25 (b) Processing of PUDs. Planned unit developments must be processed as a conditional use, except that 26 an expansion to an existing commercial PUD involving six or less new dwelling units or sites since the 27 adoption date of the ordinance from which this subdivision is derived is permissible as a permitted 28 use provided the total project density does not exceed the allowable densities calculated in the 29 project density evaluation procedures. Approval cannot occur until the environmental review 30 process (EAW/EIS) is complete. 31 (c) Application for a PUD. The applicant for a PUD must submit the following documents prior to final 32 action being taken on the application request: 33 (1) A site plan and/or plat for the project showing locations of property boundaries, surface water 34 features, existing and proposed structures and other facilities, land alterations, sewage 35 treatment and water supply systems (where public systems will not be provided), and 36 topographic contours at ten -foot intervals or less. When a PUD is a combined commercial and 37 residential development, the site plan and/or plat must indicate and distinguish which buildings 38 and portions of the project are residential, commercial, or a combination of the two. 39 (2) A property owners association agreement (for residential PUDs) with mandatory membership, 40 and all in accordance with the requirements of this subdivision. 41 (3) Deed restrictions, covenants, permanent easements or other instruments that: 42 a. Properly address future vegetative and topographic alterations, construction of additional 43 buildings, beaching of watercraft, and construction of commercial buildings in residential 44 PUDs; and 45 b. Ensure the long-term preservation and maintenance of open space in accordance with the 46 criteria and analysis specified in this subdivision. 47 (4) When necessary, a master plan/drawing describing the project and the floor plan for all 48 commercial structures to be occupied. Page 132 of 147