§ 171.068 APPROVAL CONDITIONS FOR ALTERATIONS TO PROPERTIES.
   (A)   General.
      (1)   General. No building or property served by an onsite wastewater treatment system may be added to or altered without prior approval of the Health Officer.
      (2)   Building and site plans. A proposal to the Health Officer for an alteration or addition to a property served by an onsite wastewater treatment system must include a building plan depicting the existing and proposed final floor plan, and must also indicate any proposed site alterations.
   (B)   Approval for alterations not requiring replacement of system components. When the Health Officer determines that the proposed property alteration project does not conflict with the setback distances in Appendix D, and does not otherwise impact the onsite wastewater treatment system by increasing water usage, wastewater flow, or the strength of the wastewater, the Health Officer shall approve the project without requiring replacement of onsite wastewater treatment system components, and in accordance with the requirements of this section.
      (1)   Proposals not resulting in increased water usage. Proposals for an alteration or addition to a dwelling or non-residential building that will not result in increased water usage, as defined in this chapter, shall be approved when the following requirements are met:
         (a)   A site plan indicates the proposal meets the required setbacks to all existing components of the primary onsite wastewater system and reserve soil treatment area, if applicable, as established by Appendix D.
         (b)   A search of Lake County Health Department records indicates satisfactory past performance of the onsite wastewater treatment system, and that any required system management activities and reports are up-to-date, current and indicate that the system is functioning in a satisfactory manner.
      (2)   Proposals to replace building - primarily in the same building footprint. Proposals to replace an existing dwelling or non-residential building when the dwelling or nonresidential building is proposed primarily in the same building footprint location as the existing structure shall be approved when the requirements of this section are met. A proposal shall be deemed to be primarily in the same building footprint if 80% or more of the proposed building footprint square footage falls within the original building footprint. An existing non-compliant setback distance shall not be increased. In the case of a catastrophic loss caused by fire, flooding, wind, collapse, and/or life safety issues, the owner of record at the time of loss shall submit a proposal for replacing the lost building within one year of the occurrence of the damage to the building.
         (a)   A site plan indicates the proposal meets the required setbacks to all existing components of the primary onsite wastewater treatment system and reserve soil treatment area, if applicable, as established by Appendix D, or a site plan indicates the proposal does not meet the required setbacks to all existing components of the primary onsite wastewater treatment system and reserve soil treatment area, if applicable, as established by Appendix D, but the proposal meets the requirements of § 171.067(B). A system component that does not meet the setback requirements established by Appendix D may be replaced in accordance with the requirements of § 171.069.
         (b)   The new dwelling or non- residential building will not result in increased water usage, as defined in this chapter.
         (c)   A search of Lake County Health Department records indicates satisfactory past performance of the onsite wastewater treatment system, and that any required system management activities and reports are up-to-date, current and indicate that the system is functioning in a satisfactory manner.
         (d)   All of the existing wastewater disposal system components will continue to be used.
         (e)   A report prepared by a licensed septic system installation contractor or designer, signed and dated, detailing the size of the components of the system, current performance and integrity of all tanks, controls and distribution system is submitted and approved. The report shall indicate that in the professional judgment of the evaluator, the building project will not negatively impact the overall functioning of the onsite wastewater treatment system.
   (C)   Approval for alterations requiring replacement or removal of system components. When a proposed property alteration project requires the relocation or removal of any component of an onsite wastewater treatment system because of conflict with the setback distances in Appendix D, except as specified in subsection (B)(2)(a) above, or when the project otherwise impacts the onsite wastewater treatment system by resulting in increased water usage, increased wastewater flow or strength of the wastewater, the Health Officer shall require approval of a site plan to construct an Alteration-Replacement Onsite Wastewater Treatment System as a condition for approval of the property alteration project. Such approval may consist of the approval of a site plan to replace onsite wastewater treatment system components or the replacement of the entire onsite wastewater treatment system.
      (1)   Replacement of a system component other than the soil treatment component. The Health Officer shall approve a site plan to construct an Alteration-Replacement Onsite Wastewater Treatment System that does not include the replacement of the soil treatment component when the proposal for the system meets the requirements of § 171.067(A)(2) and (A)(7). The requirements of § 171.067(A)(6) shall also apply to existing system components that are not replaced.
         (a)   Residential lift stations. The Health Officer may approve a site plan to construct an Alteration-Replacement Onsite Wastewater Treatment System for an increased water usage proposal that allows the use of an existing undersized lift station providing the lift station is undersized by no more than one bedroom and the following actions are taken:
            1.   A Lake County licensed onsite wastewater treatment system installation contractor inspects the lift station and submits a report of inspection that indicates the lift station is in sound condition and can be expected to satisfactorily function.
      (2)   Soil treatment component replacement with or without replacement of other system components. The Health Officer shall approve a site plan to construct an Alteration-Replacement Onsite Wastewater Treatment System that includes the replacement of the soil treatment component when the proposal meets the requirements of § 171.067(A), though the requirements of § 171.067(A)(6) shall apply only when existing system components are not replaced. The following alterations to properties require the approval of a site plan to construct an Alteration-Replacement Onsite Wastewater Treatment System in accordance with the requirements of this section:
         (a)   Proposals resulting in increased water usage. Proposals for an alteration or addition to a dwelling or nonresidential building that result in increased water usage, as defined in this chapter.
      (3)   Soil treatment area reduction for setback compliance. When the proposed property alteration project does not comply with the setback distance requirements established in Appendix D, the Health Officer shall approve the removal of a portion of the soil treatment component of the system to meet a setback distance requirement when the conditions and requirements of this section and subsection (C)(1) above are met. Any discrepancy between the record(s) on file with the Health Department and the site plan submitted for the proposal shall be resolved by an onsite inspection by a Lake County licensed OWTS installer/designer to be reviewed by the Health Officer.
         (a)   Reduction of up to 10%. The soil treatment area may be reduced up to 10% upon the Health Officer’s review and approval of a report prepared by a licensed septic system installation contractor or designer, signed and dated, detailing the size of the components of the system, current performance and integrity of all tanks, controls and distribution system. The report shall also indicate any ponding of the soil treatment component(s) and the level of any such ponding, and shall indicate that the reduction in up to 10% of the soil treatment area will not negatively impact the overall functioning of the onsite wastewater treatment system.
         (b)   Reduction of up to 20%. The soil treatment area may be reduced up to 20% upon the Health Officer's review and approval of the following:
            1.   A report prepared by a licensed septic system installation contractor or designer, signed and dated, detailing the size of the components of the system, current performance and integrity of all tanks, controls and distribution system. The report shall also indicate any ponding of the soil treatment component(s) and the level of any such ponding, and shall indicate that, in conjunction with the installation of a Class I aerobic treatment unit, the reduction in up to 20% of the soil treatment area will not negatively impact the overall functioning of the onsite wastewater treatment system.
            2.   A repair plan meeting the requirements of § 171.111 for the installation of a Class I aerobic treatment unit.
   (D)   Approval for alterations requiring conceptual site plans. When a proposed property alteration project meets the conditions described in this section, the Health Officer shall approve the proposal when the requirements, as specified by this section, are met.
      (1)   Alterations with an increase in square footage between 50% and 75%. Proposals for an alteration or addition to a dwelling that do not result in increased water usage, as defined in this chapter, with the exception that the proposal includes a square footage increase of between 50% and 75% may be approved without meeting the requirements of § 171.067(A), if the following requirements are met.
         (a)   Submission of a conceptual site plan that indicates that the requirements of § 171.067(A) can be met if the existing onsite waste water treatment system fails, as defined in § 171.021. The requirements of § 171.067(A)(6) shall apply only when existing system components are not replaced. Should installation of the replacement OWTS be necessary in the future, a site plan shall be submitted in accordance with § 171.125.
         (b)   Submission of a report prepared by a licensed onsite wastewater treatment system installation contractor or designer, signed and dated, detailing the size of the components of the system, current performance and integrity of all tanks, controls and distribution systems. The report shall include:
            1.   A calculation of the current used and unused capacity of the soil treatment component, including a description of any ponding of the soil treatment component(s) and the level of any such ponding.
            2.   An indication that the existing onsite wastewater treatment system components are operating as designed and, in the professional judgment of the evaluator, that the increase in building square footage will not negatively impact the overall functioning of the onsite wastewater treatment system.
            3.   An indication that the wastewater application point of an existing Type 3, 4 or 5 system is not located below the base flood elevation, or that the existing grade over an existing in-ground distribution system is not located below the base flood elevation.
            4.   An indication that the system does not contain a cesspool or seepage pit as a system component.
            5.   The results of a dye test of the onsite wastewater treatment system, indicating that the system is not failing as defined in § 171.021.
         (c)   A search of Lake County Health Department records indicates satisfactory past performance of the onsite wastewater treatment system, and that any required system management activities and reports are up-to-date, current and indicate that the system is functioning in a satisfactory manner.
         (d)   All site development requirements for the project proposal have been met.
(Ord. [Bd of Health Ord., Art. V], passed 11-12-1996; Ord. [Bd of Health Ord., Art. V], passed 11-12-2013; Ord. 17-0605, passed 6-13-2017; Ord. 19-0775, passed 5-14-2019)