§ 153.085 SANITARY SEWER.
   (A)   General requirements. Extensions of the public sanitary sewer system shall when available, be designed so as to provide sewer service to each lot. The applicant shall install sanitary sewer facilities in a manner prescribed by the city’s construction standards and specifications. All plans shall be designed and approved in accordance with the rules, regulations, and standards of the city, Minnesota Pollution Control Agency and Department of Health, and other appropriate agencies.
   (B)   Mandatory connection to public sewer system. If a public sanitary sewer is accessible or is being placed in a street or alley abutting the subdivision, the owner of the property shall be required to connect each lot to the sewer for the purpose of disposing of waste. It shall be unlawful for any owner or occupant to maintain upon any lot an individual sewage disposal system.
   (C)   Multi-family residential and nonresidential uses. Sanitary sewerage facilities for multi-family and nonresidential uses shall connect with public sanitary sewerage systems. Sewers shall be installed to serve each lot and to grades and sizes required by the city engineer. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted for these uses.
   (D)   Single-family and two-family residential uses. Sanitary sewerage systems shall be constructed as follows.
      (1)   When a public sanitary sewerage system is reasonably accessible, the applicant shall connect and provide sewers accessible to each lot in the subdivision.
      (2)   When public sanitary sewerage systems are not reasonably accessible but will become available within a reasonable time, not to exceed 20 years, the applicant may choose one of the following alternatives.
         (a)   Central sewerage system with the maintenance by homeowners association. Where plans for future public sanitary sewerage systems exist, the applicant may design and install a central or common sewage treatment system. The collection system shall be designed to be in conformance with the city’s system extension plans and design standards and be ready for connection to the public sewer mains. The common sewage treatment system as well as the collection system must be maintained by a homeowners association. Future costs to connect to the public sewer system will be assessed against each property benefitted.
         (b)   Individual sewage treatment systems (ISTS) with maintenance by each homeowner. ISTS may be used provided the applicant installs the public sanitary sewer collection system including all mains and laterals, through the subdivision boundary with service locations designated for each lot, to a point where a future connection with the public sewer main shall be made. The sewer systems shall be capped until ready for use and shall conform to all plans and standards for installation of the public sewer system. The applicant must design and designate sewer service locations on each lot in order to provide for the future installation of service lines. Lot owners will be responsible for installing and paying for sewer service lines when the public sewer service becomes available.
      (3)   When sanitary sewer systems are not reasonably accessible and will not become available for a period in excess of 20 years, the applicant may install individual disposal systems or central sewerage systems.
   (E)   Individual sewage treatment system (ISTS) requirements.
      (1)   Design requirements. If public sewer facilities are not available and individual sewage treatment systems are proposed, minimum lot areas shall conform to the requirements of the zoning regulations. All on-site systems must comply with the regulations and standards of the city and Minn. Rule 7080, as it may be amended from time to time.
      (2)   Soil testing. Percolation tests and test holes shall be made as directed by the building official and the results submitted to the city. The individual disposal system, including the size of the septic tanks and size of the tile fields or other secondary treatment device, shall also be approved by the building official.
      (3)   Covenants. Restrictive covenants shall be required to be recorded for subdivisions with individual sewage treatment systems. The covenants shall be approved by the city attorney and include the following:
         (a)   Require that an on-site system be confined to the service of one single-family detached dwelling;
         (b)   Require that each site maintain at least two areas for an on-site system to be constructed;
         (c)   Restrict any building or activity on both ISTS drain fields;
         (d)   Require that when municipal sewer service becomes available to the subdivision, the landowner will connect to the system within one year; and
         (e)   The Planning Commission may impose restrictions and requirements as it deems necessary for the protection of the public health, safety and general welfare for the subdivisions.
(Ord. passed 1-23-2001) Penalty, see § 153.999