Every building hereafter constructed and every use hereafter established shall have adequate sewage disposal as specified in this section.
(A) Uses served by public or semi-public sewer systems or by package treatment plants approved by the State Department of Environmental Management are permitted; provided that the uses comply with all applicable lot size for the zone district and all other applicable requirements of this chapter, subject to the following requirements apply.
(1) The County Health Department (KCHD) or the appropriate operating authority shall review and provide the Planning Department with acceptable assurance that the proposed system or any existing receiving sewer has the capacity and capability to serve the development.
(2) If the system is private, the KCHD shall provide the Planning Department with acceptable assurance that an effective maintenance program for the system is in place. The maintenance program shall include a method for automatic payment of fees for regular maintenance of the system.
(B) Uses served by community on-site disposal systems shall be subject to the following requirements.
(1) The community system shall meet all requirements of the State Department of Environmental Management and State Department of Health (ISDH).
(2) The KCHD shall provide the Planning Department with acceptable assurance that the system has the capacity and capability to serve the development.
(3) The KCHD shall provide the Planning Department with acceptable assurance that an effective maintenance program for the system is in place. The maintenance program shall include a method for automatic payment of fees for regular maintenance of the system.
(C) Uses served by individual on-site disposal systems shall be subject to the following requirements.
(1) The system shall have a permit from the KCHD. The applicant shall provide a copy of the permit to the Planning Department.
(2) If construction, development or any structural changes affecting the size of an existing structure are to take place on a parcel with an existing system, the applicant shall provide proof to the KCHD that the system exists, is functioning properly and is capable of adequately serving the proposed use. The KCHD shall notify the Planning Department that the proof has been provided by the applicant.
(3) The septic system, including any fingers, trenches, mounds or similar features, shall be located on the same lot as the use it serves.
(4) The KCHD shall provide to the Planning Department a copy of a report from a certified soil scientist stating that the parcel can accommodate a septic system capable of adequately disposing of the waste from the use anticipated on the property.
(D) Notwithstanding any other requirement of this chapter, the minimum lot size requirement can be modified as follows for parcels served by individual on-site disposal systems.
(1) The minimum lot size must be increased if the parcel contains soil types, water bodies, steep slopes or other conditions which indicate that a larger land area is desirable to contain a sewage disposal system as determined and recommended by the KCHD.
(2) The minimum lot size may be reduced if the applicant provides evidence that soil conditions, topography or other similar factors clearly indicate that the parcel can accommodate a properly functioning septic system with sufficient capacity for the use anticipated. The evidence must be reviewed and approved by the KCHD followed by approval as a variance by the Board for existing parcels, or by approval of the Commission in conjunction with a proposed subdivision filed under Chapter 150 of this code of ordinances.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)