§ 51.17  SITING.
   (A)   Waste disposal systems.  All structures in which wastewater is generated shall be served by one of the following:
      (1)    A sanitary sewerage system; or
      (2)   A septic system that is:
         (a)   Located on the property on which the structure is located;
         (b)   Located on a property with an applicable septic system easement; or
         (c)   Connected to an approved cluster system.
   (B)   The Health Department may require any person applying to replat a property, rezone a property, or remodel an existing property to provide any reasonable and necessary information, inspections, and data needed to comply with § 51.07(D) and (E).
   (C)   Any person applying to construct a cluster system shall first provide the Health Department with documentation from the authorized representative of the St. Joseph County Regional Water and Sewer District stating that the St. Joseph County Regional Water and Sewer District does not object to the construction and operation of the cluster system.
   (D)   Connection to sanitary sewerage system.
      (1)   The Health Department shall encourage the connection of residences and businesses to sanitary sewerage systems whenever practical, economical or in the interest of public health.
      (2)   Decisions concerning whether to require new subdivisions are to be connected to a sanitary sewerage system shall be made through the procedures established by County Code, Chapter 153.
      (3)   If new construction is proposed or a residential or commercial septic system fails and a sanitary sewerage system is available adjacent to the property or adjacent to an easement or right-of-way which is adjacent to the property, the property owner shall connect to the sanitary sewerage system unless a written waiver is provided by the sanitary sewerage system to the Health Department.
      (4)   The Health Department may grant a variance of the requirement to connect to sanitary sewerage system if the Health Department determines the costs to connect to be prohibitive and there is no compelling public health reason to do so.
      (5)   Irrespective of the requirements listed in § 51.17(D)(3) and (4), the Health Department will abide by any decision made by the St. Joseph County Regional Water and Sewer District concerning any property that shall or shall not use any sanitary sewerage system owned and operated or otherwise controlled by the St. Joseph County Regional Water and Sewer District unless there is a compelling public health reason not to abide by the decision.
      (6)   Irrespective of the requirements contained in § 51.17, the Health Department may require that any structure be connected to a sanitary sewerage system if there is a compelling public health reason to do so.
   (E)   The Health Department shall not accept an affidavit as described the definition of BEDROOM in § 51.05, Bedroom, for which the Health Department determines that a reduction in the size of the absorption field and/or septic tank would result in a septic system that may create a threat to public health.  Any person who wishes to pursue the use of an affidavit shall first notify the Health Department in writing of their intent so the Health Department may evaluate the potential for threats to public health.
   (F)   Any person applying for a septic permit shall, upon request, provide the Health Department with access to the structure to be served by the septic system and, for new construction, drawings of the proposed structure, for the purpose of determining the appropriate size of the septic system.
   (G)   When a habitable structure has been destroyed by a catastrophic event such as fire or wind, any applicant for a building permit to repair or replace the structure shall first provide the Health Department with a description of the existing septic system and soils sufficient to determine whether the existing septic system is adequate to serve the rebuilt structure.  If the Health Department determines that the existing septic system is not adequate to serve the rebuilt structure, the applicant shall obtain a permit to install a new septic system.  New construction standards and requirements shall apply to the new septic system; however, the Health Department shall not deny a permit to an applicant based upon the inability to meet new construction standards unless the Health Department determines the proposed septic system would be a threat to public health.  The Health Department shall provide documentation to the applicant for submittal to the Building Department to confirm a suitable on-site sewage system exists or a permit has been issued to install a new system.
(Ord. 58-07, passed 7-17-2007; Am. Ord. 61-11, passed 5-10-2011; Am. Ord. 26-13, passed 5-14- 2013)  Penalty, see § 51.99