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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/10/1973MINtITES OF THE ADJOURNED MEETING OF THE BOARD OF COUNTY COMMISSIONERS OTTER TAIL COUNTY MINNESOTA Pursuant to adjournment, the Board of County Cornrnissoners of Otter Tail County Minnesota met at 9:30 A.M., Tuesday, April 10th, 1973, all members present. Motion was made by Hub Nor_dgren, seconded by Richard Dillon and unanimously carried, to approve the minutes of the previous meeting. Motion was made by George Walter, seconded by Hub Nordgren and unanimously carried, to adopt the recommended vacationshcedule ~uggested by the Highway Department Maintenance Union, effective January 1, 1974, optional for the year 1973. Motion was made by Richard Dillon, seco~ded by George_Walter and unanimously carried, to approve the plat of Southdale Shores on Jewitt Lake. The B'oard, having previously advertised for bids to b_7 received for center stripi,ng County State Aid Highways, County Highways and Township Roads, proceeded to open bids which were found to be as follows: Swanston Equipment Co., Traffic Marking & Stripi_ng, Fargo, North Dakota Traffic Marki_ng Service, Inc. , Buffalo, · Minnesota $29,563.50 29,760.00 A{ter consideration, motion was made by John Snowberg, seconded by Richard Dillon and unanimously carried, to award the center stripi_ng contract to Swanston Equipment Co., Fargo, North Dakota in the amount of $29,563.50, it being the lowest bid. The Board, having previously advertised for bids to be received for gradi_ng and aggregate surfacing, S.A.P. 56-606-05, C.P. 73:06, proceeded to open bids which were found to be as follows: Sorum Construction Evavold-Vikesland Const. Douglas Ackling Conroy Construction Harvey W. Nelson Ed Zimmerman Gladen Co_nstruction Pelican Rapids, Minnesota Fergus Falls, Minnesota Frazee, Minnesota Dumont, Minnesota Lake Park, Minnesota Barrett, Minnesota Laporte, Minnesota $22,713.24 7 22,749.16 23,141.54 25,392.18· 26,047.25 28,540.50 35,584.34 After consideration~ motion· was made by Andy-,, Leitch, seconded by Hub Nordgren and unanimously carried, to accept the bid of Sorum Construction., Pelican Rapids, Minnesota, in the amount of $22,713: 24, it being the bwest bid. The Board, havi_ng previously advertised for bids to be received for grading and aggregate surfacing, C.P. 73:129, proceeded to open bids which were found to be as follows: Evavold-Vikesland Const. Fergus Falls, Minnesota $23,832.40 7 Sorum Construction· Pelican Rapids, Minnesota 23,890.72 Douglas Ackling Frazee, Minnesota 24,650.08 Conroy ~onstruction Dumont, Minnesota 26,103.55 Ed. Zimmerman Barrett, Minnesota 27,453.40 Harvey W. Nelson Lake Park, Minnesota 28,136.00 Gladen Construction Laporte, Minnesota 34,783.40 After consideration, motion was made by Hub Nordgren, seconded by John Snowbe_rg and unanimously carried, to accept the bid of Evavold-Vikkesland Construction~ Fergus Falls, Minnesota, in the amount of $23.832.40, it being the lowest bid. The Board, having previously advertised for bids to be received for grading and aggregate surfacing, under S.A.P. 56-658-01, .C.P. 73:58, proceeded to open bids which were found to be as, follows: Do.uglas Ackli.ng Evavold-Vikesland Const. Gladen Construction Strom Construction Co.· Harvey W. Nelson Conroy Construction Kern & Tabery, Inc. Frazee, Minnesota Fe.rgus Falls, Minnesota Laporte, Minnesota Moorhead, Minnesota Lake Park·, Minnesota Dumont, Minnesota Wadena, Minnesota $78,610.00' 85,224.21 90,423.82 93,852.89 94,186.96 94,382.80 100,276.44 After consideration~ motien was made by John Snowberg, seconded by Hub Nor.dgren and unanimously carried, to accept the bid of Do.uglas Ack ling, Frazee, Minnesota, in the amount of $78,610.00, it being the lowest bid . . The ~oard, having previously-advertised for bids to be received for shoulder widenining and bituminous surface, under 56-810-01, C.P. 73:0ld 210, pro- ceeded to open bids which were found to be as follows: Soby Construction, Inc. Mark Sand & Gravel Co. Fergus Falls, Minnesota Fergus Falls, Minnesota $35,445.00 37,843.55 After considera1'.k>n, motion was made by Richard Dillon, seconded by Geo.rge Walter and unanimously carried, to accept the bid of Soby Construction, !Ne., Fergus Falls, Minnesota, in the amount of $35,445.00, it being the lowest bid. Motion was made by George Walter, seconded by John Snowberg and unanimously carried, to appoint Wendell Huber as acting Highway Engineer and extend bond for a. period of 90 days if necessary. Upon motion made by Richard Dillon, seconded by George Walter and unanimously carried, approval was given to Northwestern Bell Telephone Company to bury cable under County Highway #3 in Friberg Township. Upon motion made by Hub Nordgren, seconded by George Walter and unanimously carried, the followfog resolutions were adopted: STATE OF MINNESOTA ) ) COUNTY OF OTTER TAIL ) R E S O L U T I O N I, K. W. Hans6n, do herebi certify that I have examined the copy of .the resolution hereinafter set forth, adopted by th~ B6atd 6f t6unty Co~missio~~rs.at an adjoutn~d meeting thereof hild on the 10th day of . April ,-1973, and have carefully compared the same with the original thereof now on file in this ·office and that said copy as hereinafter set forth is a true and correct copy of said origirial and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the. corp6rate seal of siid C6unty of Ott~tiail this ___ day of ______ _ 1973. (CORPORATE SEAL) County Auditor BE IT RESOLVED, That the Ch~irman and Clerk or Auditor forthwith enter into agreement with the State of Minnesota, acting through its Commis- si6ner of Highways, .. for the ~airitenance, except the application of calcium chloride in locations where the State considers it to be necessary and ex- cept snowplowing, of the road described in said agreement as Temporary Trunk Highway No: 29, to wit: Beginntng at the junction of Trunk Highway No. 29 and Otter Tail County Stati-Aid ~ighway No. 40 near th~ south quarter corner of Section 15, township 132 north, range 37 west; thence easterly approximately 5.5 miles on said Otter Tail County State-Aid Highway No. 40 to its junction with Otter Tail County State-Aid Highway No. 42 at the southeast corner of section 16, township 132 north, range ·36 west and there terminating .. Total length being approximate-]~ 5.5 miles. · · · said Municipality to b~ paid therefor at the rate of $200.00 per mile per month. Fractional miles and fractional months, if any, will be used in computing amounts payable. The use of sai.d road as a detbur by the State will terminate o~ or be- fore August l, 1-973. Est. T:i;me Period -Appr6x. 2½ months in Fiscal 1973 (From April 15 to June 30, 1973). Approx~ l month in Fiscal 1974 (From.July l to August l, 1973). r.. )}·· V STATE OF MINNESOTA ) ) COUNTY OF OTTER TAIL ) R E S O L U T I O N I, K; W. H~n~6n~ . do hereby certify that I have examined the copy of the resolution hereinafter set forth, adopted by th~ Board Of County CO~mis- sion~rs at an ~djo8thed meeting thereof held on the 10th day of _A_p_~_i_l __ - 1973, and have carefully tompared·the iame.with the original thereof now on file in this office and that said copy as hereinafter set forth is a true and correct copy of said original and of th~ whole thereof: IN WITNESS WHEREOF, I have hereunto set my hand·and affixed.the corporate ~eal ~f said County Of Otter T~il this ___ day of ____ ~-~ :1973.: (CORPORATE SEAL) ~ ····.··.~· County udi tor. ·BE· IT,RESOLVED, That the thairman and Clerk or Auditor forthwith enter into agree~ent with.the State of Minnes6ta, acting through its Commis- sione~ of Highways, for the maintenance, ~xcept the application of calcium chloride in locations where the State considers it to be neiess~ry arid except snowplowing, of the road described in said agreement as Temporary Trunk Highway No.~. to wit: Beginning at the junction ·of Trunk Highway No. 29 and Otte~ Tail County State-Aid Highway No. 42 in the Village of Parkers Prairie; ,thence in a general easterll and northerly directi6n 1o~ approxi~ately 10.84,miles on said Otter Tail County State-Aid Highway No. 42 to the junction with Otter Tail County State-Aid Highway No. ~Oat the northwest corner of section 22, township Jj2 north, rang~ 36 we~t; thence easterly approximately 1.0 mil~ and northerly approximat~ly 2.0 miles'on said Otte~ Tail County State-Aid Highway No. 40 to its junction with Otter Tail County State-Aid Hi~hway No. 75 at the northwest corner of section 11, township 132 north, range 36 west; thence in a gener~l northerly direction for approximately 4.5 miles on s~id Otter Tail County State-Aid Highway No.' 75 to its junction with Trunk Highway No. 210 near the north quarter corner of section 23; to0nship 133.north, rang~ 36 west and there t~rminating. Total length being approximately 18.34 ·miles. said Municipality to be paid therefor at the rate of $200.00 per mile per month. Fractional miles and fr~cti6nal months, if any, will be used in computing amounts payable.· The use.of-said road as a detour by the State will terminate on or before No~~~b~r l, 1973. Est. Time Period -Approx. 3 months in Fi seal 1973 (April l to June 30, 1973). Approx. 4 months in Fiscal 1974 (July l to Nov. l, 1973). Upon motion made by Hub Nordgren, seconded by Richard Dillon and unanimously carried, the followi_ng resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County ~linnesota, that WHEREAS under the Otter Tail County Sub-Division Controls Ordinance, township officers are required to approve roads. of platted areas within their respective townships, and WHEREAS the Shoreland Man_agement office is required to inspect the areas platted, NOW THEREFORE, BE IT HEREBY _RESOLVED, that the Shore land Administrator be authorized to view and approve roads in new platted areas, BE IT ALSO RESOLVED that the Shorelan_d office is authorized to receive assistance on road approval from the HighW?,Y Engineer and his staff whenever needed. Adopted at Fergus Falls, Minnesota this 10th day of April, 1973. Ch 1 ATTEST: · · · Clerk Upon motion made by George Walter, seconded by Richard Dillon and unanimously carried, the County Auditor was authorized to advertise for bids to be received for the· fol lowing: GRADING AND AGGREGATE SURFACING S.A.P. 5~-654-03, C.P. 73:54, Length 3.037 Miles, located 4.0 miles southwest of New York Mills, from the junction of CSAH #54 and #67 and· West 3.037 miles. Upon motion made by Richard Dillon, seconded by John. Snowberg and unanimously carried, the County Auditor was authorized to advertise for bids to be received for the following: C.P. 73:118 GRADING AND AGGREGATE SURFACING" Length 3. 443 miles, located 3. 0 miles north of Elizabeth from the junction of·c.H. #118 and T.H. #59 and west to junction with CSAH #21. Motion· w~s made by John Snowbe.rg, seconded by Geo.rge Walter and unanimously carried, to lease _the newly acquired property in Fe_rgus Falls Township to Darwin Peterson, lease .agreements to be prepared by Richard Dillon and Darwin Peterson. Motion was made by Hub Nordgren, seconded by Richard Dillon and unanimously carried, to, because of· change in l_egislation relative to mill rates, change the mill rates required for·township aid to 1/3 of what has been required in previous years. Motion was made by John sn·owbe.rg~ seconded by George Walter and unanimously carried, to transfer funds to Road & Bridge Funds for vaiious projects completed by the Road & Bri_dge, as follows: Phelp$-:Mill Park $388.35 County Ditch Fund County Building Fund County Nursing Home 400.57 2,148.97 297.50 T RESOLUTION .BY THE BOARD OF COUNTY.COMMISSIONERS bTTER TAIL COUNTY; M.INNESOTA Wf.'.ereas, the Board of County,.Commissioners on_ April :10, 1973 agreed by resolution to pay township aid according to the amounts levied by the townships, and which amounts are as follows: From 3.33 mills and up, but les~ th~n 5.00 mills From 5.00 mills and up, but less than 6.67 mills 6.67 mills and u~ $100.00 · $200.00 $Joo.:oo NOW, THEREFORE, BE IT RESOLVED, that the amounts to.be paid to the respective townships according to their road and bridge 1 evi es ·for 1973 sha 11 be as fo 11 ows: Townships Total Mi 11 s · Lev.i ed Amounts· Aastad ·5.32 200.00 Amor 6.09 200. 00. Aurdal 8.33 300. oo Blowers 4.91 100.00 Bluffton .78 ;J None Buse 2.84 None Butler 8.24 300.00 Candor 5.56 200. 00 .. Carlisle 4.46 ·100.00 . Cl itheral 1 10.00 300. 00 Compton 7.47 ·300.00 Corliss ·. 7.02 300.00 Dane Prairie. 4.80 ·100. 00 Dead Lake 8.33 300.00 .Deer Creek 7.69 300. 00 . Dora 7-73 300. oo Dunn 6.93 300.00 Eagle Lake 6.04 200. oo·. · Eastern 10.00 :300.00 Edna 7.36 300.00 .Effington 6.65 200.00 Elizabeth 6.38 200.00. Towrish i ps · Elmo · •Erhards Grove Everts Fergus Fa 11 s Folden Friberg Girard Gorman Henning Hobart Homestead Inman Leaf Lake Leaf Mountain Lida Maine Maplewood . Newton Nidaros Norwegia~ Grove Oak Valley b rwe.11. · Oscar Otter Tai 1 Otto Paddock Parkers Prairie Pe 1 i can Perham Pine .Lake . Rush Lake Saint Olaf Scamb 1 er · Total Mil Is · Lev-ied 8.33 7.80 4.-56 ' 2.67 8.33 8 .. 24 6.83 7.75'. 6.67 6.27 5.10 9.98 · .. 6.13 7.80 4.92 .7.22 8.05 8.32 . 9.98 7.46 7. I 8 6.90 8.33 3. 50· . 6.69 5.38 . 8.33. 6.99 6.27 . 7.74 · 5.08 6.44 5.99 30(). 00 300.·00 100.00 - None 300.00 · 300.00 '300. 00. 300.00 300.00 200.00 ·. 200.00 . 300.00 200.,00 · 300·. 00 · · 100.-00 . 300. 00 . 300. 00 · 300.00 300.00 ,300.00 .300. 00. 300.00 300 .00. 100.00 300.00 200.00 300. 00. 300. oo·. 200. 00. · ·300.00: 200.00 . 200.00. :200. 00 Township. • Star Lake Sverdrup Tordenskjold Trondhjem · Tumu 1 i Western Woodside ·T6ta.1 Mi 11 s 6.:14 ·a. 33 6.24. 4.38 ·.99 . 8.33 Levied Amount 200.00 300.00 :200. 00 100.:00. · None 3oo;off · $14, 100 .:o_o .Adopted this. 10th day .of, Apri 1, · .. 1973 . .. ·~ .. /!J;+. · Chair an.' · • . . Attest: Upon motion·made by Hub No~dgren, seconded by John Snowberg and unanimously carried, the following resolution was adopted: .. RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that WHEREAS Federal Funds have been curtailed for the care of the low income and needy, and WHEREAS the County Board feels these needs do exist and is expedient the County make up the needs, NOW THEREFORE, be it here.by resolved, the sum of $80,000.00 be expended from Revenue Shari.ng Money for the Welfare Fund for the use of low income, .. aged and disa.dvant.aged people. Dated at Fergus Falls, Minnesota this 10th day of April, 1973. ATTEST:~ Clerk Upon motion· made by John Snowbe_rg, seconded_ by George Walter and unanimously carried, the following resolution· was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that $50,000 of Revenue Sharing Money be used in payment of the Harold G. Ha_ugen property in Fe_rgus Falls Township, recently purchased for use by the County H_ighway Department. Adopted at Fergus Falls, Minnesota this 10th day of April, 1973. ATTEST:~. Clerk Upon motion made by George Walter, seconded by Hub Nordgren and unanimously carried, the following applications for special use permits were approved: Susan Tjornham LeRoy J. Wacker Amor Township Landscaping and excavating. Corliss Township Add 40 recreational camping units with central se~age system Clarence R. Paulson Rush Lake Township Fill lake lots Upon motion made by John Snowperg, ·seconded by George· Walter and urianimously carried, the application of Dale Tibbetts to place a boat landing on Lake Lida for commercial landing, Lida Township, was rejected. Upon motion made by George Wal te;r, seconde'd by_ Hub Nordgren and unanimously carried, the following· applications for sew_age disposal installers licenses were approved: Robert J. Schafer Steuart Plumbing & Heating Ekre Trenching & Ditching Egge Construction Co. Kahle Plbg. & Htg. Arlo Grabow Hammond Excavating Dean's Excavating Co. Stadum Plwnbi_ng ·o. c. Ewert Schepper Excavati_ng G. E. Mathiesen Delzer Excavating Wilbur To_rgrimson Vergas Hardware , _Ottertail~ Minnesota Henning, Minnesota Route #3, Hawley, Minnesota Pelican Rapids, Minnesota Route #1, Detroit Lakes, Minnesota Route #2, Henning, Minnesota Abercrombie, North Dakota Box 98, Fergus Falls, Minnesota Erhard, Minnesota Ottertail, Minnesota Ve_rgas, Minnesota''. Borup, Minnesota Dalton, Minnesota Ashby, Minnesota Vergas, Minnesota The matter of the proposed ordinances for Otter Tail County was brought up for final action. After listening to various interested parties motion·was made by Andy Leitch, seconded by Richard Dillon to adopt the Shoreland Management Ordinance, changing the use area of rivers and streams from 1,000 feet to 300 feet. Motion carried unanimously and the following resolution was adopted: ReSOLVED by the Board of County Commissioners, Otter Tail County Minnesota, that inIEREAS the Otter Tail County Planning Advisory Commission, appointed by the Board of County Commissioners of Otter Tail County, Minnesota, has prepared and recommended for acceptance a Shoreland Management Ordinance, NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioncros of Otter Tail County, Minnesota adopt the following Shoreland Management Ordinance, as modified by the Board, effective as of May 1, 1973. Adopted at Fergus Falls, Minnesota, this 10th day of April, 1973. '{:g5D~;1'.·i~ I: .. ,., :;;:~• • {,~• ' • . '; •••.✓ ~ __ ,.,. '~ ... -. .-,,:-• ·•', '- Clerk -SHORELAND MANAGEMENT ORDINA.~CE. - OTTER TAIL COUNTY MINNESOTA Board of Commissioners Andy Leitch, Chairman Richard Dillon Hubert Nordgren John Snowberg George Walter Planning Advisory Commission· Robert Fritz, Chairman Donald H. Nelson, Vice-Chairman . Wilfred Estes, Secretary Edward Aho Frank Altstadt Charles Beck Arthur Christianson Richard-Dillon · Charles Malmstrorn' George Revering Oscar Sorlie . Administrator Malcolm Lee Effective DAte; May 1, 1973 I I. GENERAL PROVISIONS A. Title This. Ordinance from· the date of its passage shall be known as Shore'iand Manage- ment Ordinance, Otter T_ail County Minnesota. B. Purpose Purpose of this Ordinance is to regulate the use and orderly development of shore- lands and to prevent and eliminate pollution of public waters in the unincorporated areas of Otter Tail County. C. Legal Authority This Ordinance is enacted pursuant to Chapter 777 Laws of Minnesota 1969: D. Compliance No structure located in Otter Tail County and lying outside the incorporated limits of any municipality and lying within the Shoreland Management Districts herein defined shall be erected or altered which does not comply with the regulations of this Ordinance, nor shall any structure or premises by used for any purpose other than a .. use permitted by this Ordinance. E. All permits issued under this Ordinance are permissive only and shall not re- lease the permi ttee from any liability or obl_igation · imposed by Minnesota Statutes, Fed. Law, or· local Ordinances relating thereto. I I . DEFINITIONS For the purpose of this Ordinance certain terns and words are herein defined as follows: A. Words used in· the present tense shall include the future, and words used in the si_ngular number shall include the plural number and the plural and singular. B. The word "shall" is mandatory and. not discretionary. C. The word "may" is permissive. D. Agriculture: the use of land for agricultural purposes ii:tcluding ·farmi_ng, da:cyi_ng, pasturage agriculture, horticulture, floricul ture, vi ti'cul ture, and animal and poultry husbandry and the ·necessary accessory uses for packing, treating, or . storing the produce; pll'ovided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. · BOOK d PAGE14°J .\ 1 • BOOK(1 · PAGEJi/ E. Agricultural Structure:' Any structure existing or erected and used primci- pally for agricultural purposes, with the exception of dwelUng unites. F. Boat House; A structure not more than one story high to be used for storage of boats, boat motors, boating equipment, life jackets, gas cans, water skiis, etc. G. Buffer Zone: Unused parcel of.land between adjoining property and kept in a sightly manner. H. Building Drain: The building drain is that part of the lowest horizontal piping of a buildi_ng drain_age system which receives the discharge from soi 1, waste and other drainage pipes inside the walls of any building and conveys the same to the building sewer. I. Buildi_ng Line: That line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions. J. Building Sewer: The buildi_ng sewer is that part of the horizontal portion of bhe building drain_age system extending from the building drain to its connection with the septic tank and carryi_ng the sewage of but one building. K. Central Sewage System: A system of treating sewage either mechanical or lagoon type stabilization pond, both of which require approval of the Minnesota Pollution Control Agency. L. Cluster Development: A pattern of subdivision development which places housi_ng units into compact groupings while providing a network of commonly owned or dedicated open space. M. Commercial. Business activity of a normal wholesale or retail nature and includi_ng such travel related facilities as automobile accessory stores and gasoline filli_ng stations, bowling alley, cafe (includi_ng drive-in eating establishments) dairy product stores, self-service laundry, liquor stores, motel, hotels, restaurant, trailer parks and campgrounds, resorts and related recreation uses. N. Completed buildi_ng: Weather protected with siding attached and treated with paint=; oil, or other acceptable sealant, roof is shingled or waterpr9ofed, and win- dows and doors and installed, required steps to the building are installed, also if the structure is to be used for dwelling purposes, an adequate method of sewage disposal shall be provided. This system shall be maintained in accordance with acceptable practices. T O. Controlled Access: Any private site, field or tract of land adjacent to a classified body of water to be used for purpose other than dwelli_ngs either directly or indirectly for revenue. 0. Crowding Potential: The ratio of acres of lake surface per lakeshore dwelling obtained by di vi ding the total number of dwellings ori each lake into that lake's water acreage. Q. Estimated Value: Value determined by multiplying square footage of total floor area of a structure times most current State of Minnesota building valuation data. R. Flood Plain: · The areas adjoining a watercourse which have been or hereafter may be oovered by the regional flood; S. Floodway: The channel of the watercourse and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood. T. Grading: Changing the natural topography of the land. U. Industrial: Any activity eng_aged in the cleaning. servicing, testing, re- pairi_ng. sto1'.age. processi_ng, construction~ or fabrication of goods or products, in- cluding mini_ng or· strippi_ng of· soils or minerals. V. Mobile Hoine: A manufactured relocatable living unit: a single family dwelling unit· greater than 30 feet in length. W. Mobile Home Park: Shall mean any area, whether charging a fee or free of charge on a privately or publicly owned land used on a daily, nightly, weekly, or longer b~sis for the accommodation of two or more mobile homes or recreational units. X. Non-Conforming Use: Any use of land established before the effective date of a County or local ordinance which does not·coriform to the use restrictions of a particular zoning district. of a conforming use. This should not be<:onfused with substandard dimensions Y. Normal High Water Mark: A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The normal h_igh water mark is commonly that point where the natural vegetation changes from predominately aquatic to predominantly terrestrial. BOOK_n_ PAGE~f! B00Kf1 PAGE~ Z. Public Water: A body of water capable of substantial beneficial public use. This shall be construed to mc~n, for the purposes of this Ordinance, any body of water which has the potential to support any type of recreati.c,>nal pursuit or water supply purpose. AA. Percolation Tester: An individual who is certified by Otter Tail County who has presented bona fide evidence to the Administrative Assistant that he success- fully completed a course acceptable to the Administrative Assi~ant in soil percola- tion testing. A. B. Recreational Campi_ng Area: Shall mean any area, whether privately or publicly owned, used as a daily, weekly, nightly or lo_nger basis for the accommoda- tion of two or· more recreationa.Lc~ptng uni ts. A.C. Recreatbnal Camping Unit: A living unit. 30 feet or less in length used as living quarters on a temporary basis, including tents. A.O. Regional Flood: A flood.which is representative of large floods known to have occurred_ generally in Minnesota and reasonably characteristic of what can be exp'.·ected to occur with an average frequency in the magn~tude of the 100 year recur- rence interval. A.E. Setback: The minimum horizontal distance between a structure and the normal high water mark or between a structure and a road or highway right-of-way line. A.F. Sewage: Any water carried domestic waste, exclusive of footi_ngs and roof drainage, of any residenceJ industry, agriculture, or commercial establishment, ' ' . whether treated or untreated, and includes the liquid wastes produced by bathing, laundry and culinary operatons, and from toilets and floor drains. Raw sewage is sewage which has not been subjected to any treatment process. A.G. Sewage Disposal System~ Disposal system is a sewage disposal system, other than a public or community system, which receives sewage from one or more establish- ments. Unless otherwise indicated the word "system" as it appears in this Ordinance means "Individual sewage disposal system." A.H. Shoreland: Land located within the following distances from public waters: (i) 1,000 feet from the normal high water mark of the lake, pond or flowage; and (ii) 300 feet from a river or streaJll, or the landward extend of a flood plain desig- nated by ordinance on such a river or stream, whichever is greater; however, the practical limits of shorelands may be,: less whenever the waters involved are bounded by natural topographical divides which extend landward from the waters for lesser distances. A.I. Sideyard: Minimum horizontal distances between structure and each side lot line. A.J. Single Family Home: A dwelling used for human occupancy with an adequte method·of sewage disposal, includi?g normal appatures such as a garage. A.K. Special Use: A use which is permitted within a zoni_ng district only when allowed by the County Board of Commissioners or their legal designated agent if cer- tain conditions are met which eliminate or minimize the incompatibility with other permitted uses of the district. A. L. Substandard Use: Any use of shorelands existing prior to the date of enactment of any County Ordinance which is pe:rrni tted within the applicable zoni_ng district but does not·meet the minimum lot·area and length ofwater frontage, structure setbacks or other dimensional standards of this Ordinance. A.M. Surcharge: An additional fee applying to building and sewage system permits based on ,valuation which must be collected for the State Department of Administration pursuant to Laws 1971. Chapter 561. A.N. Unincorporated Area: The area outside a city, village or bor6ugh. A. 0. Utility Bldg.: A structure not more than one story h_igh to be used only for storage purposes. , ' \ ' A.P. Variance: A modification·or·variation of the provisions of this Ordinance where it is determined that, by reason of exceptional circumstances, the strict:en- forcement of· any provision of. the loca.l ordinance would cause unnecessary hardship, or that str~ct conformity with the provisions of the local ordinance would be un- reasonable, impractical or not feasible under the circumstances. A.Q. Water Supply Purpose: Includes any uses for domestic, commercial, indus- trial or agricultural purposes. III, DISTRICT REQUIREMENTS The req_uirements set fdrth in this Section for each of the shoreland man_agement districts defined as part of this Ordinance shall govern the development within the said distr,-,lcts. A. District Boundaries: l The boundaries of the Shoreland Management Districts defined in this ordinance are hereby established at 1,000 feet from the normal high water mark of a lake, pond or flow_age and 300 feet from a river or stream or the landward extend of a flood plain designated by ordinance of all public waters in Otter Tail County. · The classi- fication for ~ach area surrounding each public body of water is hereby established , .. . BOOK 11 PAGE 3of( BOOKJL PAGE~.rJ, according to the document entitled "Waters of.Otter Tail County Classification," which accompanies and i_s made a part of this ordinance. Such document shall be duly authenticated by the County and shall be kept and maintained by the administrative assistant, which coP::, shall be the final authority on the classification for such bodr of water. Where the waters involved are bounded by natural topographic divides -which extend landward from the waters for lesser distances, the Planning Advisory Commission may interpret the district boundarie·s. B. Permitted Uses 1. (NE) Natural Environment Shore land a. Si_ngle Family homes b. Agriculture 2. (RD) Recreational Development Shore land a. Si_ngle family homes b. Agriculture 3. (GD) General Development Shore land a. Si_ngle family hoines b. _Agriculture 4. (RS) Rivers and Streams a. Si_ngle family homes b. Agriculture C. Uses by approved Special Use,· Permits only: The following uses may be compatible within the shore land management use district wherein indicated but by their nature shall be reviewed by the Planning , . Advisory Commission to ascertain said compatibility, as to effect on health, safety and welfare of the general public. 1. (NE) Natural Environment Shoreland a. Parks 2. ·b. Cl4ster developments c. Commercial (RD) Recreational Development (RS) River and Streams a. Cluster Developments b. Commercial c. Parks Shoreland and 3. (GD) General Development a. Uses permitted by Special Use Permit in RD district ) b. Industrial, provided that all storage within 500 feet of a public right-of-way shall be completely enclosed in buildings or effectively screened by appropriate land-scapi~g and a solid wall or fence not less than six (6) feet or more than e_ight (8) feet in height. 4. Permitted in RD, GD and RS shoreland by Special Use: Churches, chapels, temples, syn_agogues includi_ng Sunday schools, convents and parish houses meeting the requirements of the district. D. Lot area and setback requirements are hereby established as presented in Table 5. IV. GENERAL REQUIREMENTS A. Sanitation Standards: The 1969 edition of the Minnesota Individual Sewage Disposal System Code. of Minimum Standards recommended by the Minnesota Department of Health and as modified by the Otter Tail County Board of'Commissioners is hereby adopted and made a part of this Ordinance. 1. General MINNESOTA INDIVIDUAL SEWAGE DISPOSAL SYSTEM CODE MINIMUM STANDARDS BY THE MINNESOTA DEPARTMENT OF HEALTH . 1971 a. Location.and installation·of'the individual sewage disposal system and each part thereof shall be such that, with· reasonable maintenance, it will function in a sanitary manner and will not create a nuisance nor·endanger the safety of any domestic water supply. In determining a suitable location·for the system, consider-: ation shall be given to the size and shape of'the lot, slope of natural and finished grade, soil permeability, depth of.ground water,_ geol_ogy, proximity to existi_ng or future h'ater supplies, accessibility for maintenance, and possible expansion of the system. b. No part of.the system shall be located so that it is nearer to any water supply than outlined hereinafter, or so that surface drainage from its location may h d . . I i reac any omestic water supp y. .BOOK ?7 PAGE~fl '} i I BOOK (1 PAGEJ.f.f . ,r i c. Raw sew_age, septic tank effluent, or seepage from a soil absorption system shall not be discharged to the_ ground surface, aba:.ndoned wells, or bodies of sur- face water, or into any rock formation the structure of which is not conducive to purification of water by filtration, or.into.any.well or other excavation in the ground which does not comply with the requirements of item 4 g. (1). This require- ment shall not apply to the disposa,l of sew_age in accordance with a process approved by the State Board of Health or the Water Pollution·control Commission. d. The lot· size shall ber: sufficient to permit installation of the individual sewage disposal system in accordance with all the requirements pertaining thereto. e. Installations of individual sewage disposal systems shall not be made in low swampy areas or areas which may be subject to flooding. f. In areas with a high ground-water table or where limestone or any geological ' formation similarly faulty is covered by less than 50 feet of earth, the final disposal unit shall be a tile field. The bottom of the trenches shall.be not less than 4 feet above the h_ighest known or calculated water table or the surface of the faulty rock formation. g. Bulldozers, trucks or other heavy machinery shall not be driven over the system after installation; h. The system or sys terns shall becdes_igned to receive all sew_age from the dwelling, building or other establishment served, including laundry waste and base- ment floor drainage. Footing or roof drainage shall not enter any part of the sys- tem. Where the construction of.additional bedrooms, the installation of mechanical equipment or other_ factors likely to affect the operation of the system can be reasonably anticipated, the installation of a system adequate or such anticipated need shall be required. i. The system shall consist of a building sewer, a s~ptic tank, and a soil absorption unit. The soil absorption unit shall consist of a sub-surface_ disposal field, or one or more seepage pits, or a combination of the two. All sewage shall be treated in the septic tank and the septic tank effluent shall be discharged to the disposal field or seepage pits. Where unusual conditions exist other systems or disposal may be employed, provided that they comply with all other provisions _of this code. i 2. · Sewer .Construction> a. The portions of any buried sewer more than so feet from a well or buried suction line shall be of adequate size and constructed of cast-iron, vitrified- clay, cement-asbestos~ concrete or other pipe material acceptable to the State Board of Health. See Table 1 for acceptable materials for absorption fields. b. The space between the bell and spigot of vitrified-clay pipe shall be packed with oakum, hemp, or jute or otherwise prepared so as to form a concentric openi_ng uniform in width · around the pipe, which openi_ng shall be filled with Port- land cement mortar or other acceptable sewer joint compound. Poured joints are re- commended. Where cement, joints are used they shall be carefully pointed on the out- side and le:ft smooth on· the inside by drawi_ng through them a swab or scraper. Con- structi-;,n of the line shall be such as to secure water-t_ight and root-tight joints, free of obstructions, and shall provide a grade of not less than 1/8 inch per foot. The 10 feet of sewer ells shall be permitted, and where the direction of the sewer is changed in excess of 22½ degrees, accessible cleanouts shall be provided. Table 1 MINNESOTA DEPARTMENT OF HEALTI-1 Division of Environmental Health October 1972 MATERIALS FOR DRAIN TILE FIELDS FOR SOIL ABSORPTION SEWAGE DISPOSAL SYSTEMS The following is a list of materials that are acceptable for use in drain fields for soil absorption sewage disposal systems. This is not intended as a complete list of acceptable materials but should be used as a guide for specifying the listed materials and as general criteria for those not listed. TYPE OF MATERIAL Clay Drain Tile Clay Pipe Standard and Extra Stre_ngth Perforated Bituminized Fiber Pipe (1) Homogeneous Perforated Bituminous Fiber Pipe for Septic Tank Disposal Fields (2) Laminated-Wall Perforated Bitu- minized Fiber Pipe for Septic Tank Disposal Fields Concrete Pipe Perforated Concrete Pipe SPECIFICATION ASTM · C-4 ASTM C-2ll ASTM D-2312 ASTM D2313 ASTM.C-444 (either Type 1 or Type 2) MINIMUM ACCEPTABLE CLASS Standard Drain Tile Standard ASTM C-14 Table 1 I Plastic (1) Acrylonitrile-Butadiene-Styrene (ABS) Sewer Pipe and Fitti_ngs' (2) Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings (3) Styrene-Ruber Plast"ic Drain and Buildi_ng Sewer Pipe Fittings (4) Polyethylene ASTM D-2751+ ASTM D-2729+ ASTM D-3033+ ASTM D-3034+ ASTM D-2852+ ASTM D-1248+ + Note: Thesespecifications are material specifications and do not give the loca- tion or shape of.perforations. Perforated pipe used for,.dp:lin fields should have one or more rows of holes on the bottom with hole sizes of 3/8 to 3/4 inch diameter. Ho,1es should be spaced to prevent failure due to loads and to provide approximately 1 square inch"of open area per lineal foot of p~pe. 3. Septic Tank a. The location of the septic tank shall be,.· such as to provide not less than the stated distances from the following: . (1) Property lines, buried pipe distributing water under pressure and occupied buildings . 10 feet (2) Any source of domestic water supply or buried water suction line -SO feet. b. The liquid capacity of a septic tank serving a dwelling shall be based on the number of bedrooms contemplated in the dwelling served and shall conform to capaci- ties given in Table 2 which follows: Table 2 MINIMUM CAPACITIES FOR SEPTIC TANKS (Provides for Use of Gargage-Grinders, Automatic Washers and Other Ho·usehold Appliances) Number of Bedrooms Minimum Tank Capacity Equivalent Capacity per Bedroom 2 or less 3 4 (1) 750 900 1,000 (1) For each additional bedroom add 250 gallons. 375 300 250 c. The liquid depth of any septic tank or compartment thereof shall be not less than 30 inches. A liquid depth greater than 6½ feet shall not be considered in determining tank capacity. d. No tank or compartment thereof shall have an inside horizontal dimension less than 24 inches. e. Inlet and outlet connections of the tank and of each compartment thereof shall besubme_rged by means of vented tees or baffled so as to obtain effective re- tention of sewn and sludge. f. The space in the tank between the liquid surface and the top of the inlet and outlet baffles or subme_rged pipes shall not· be less than 20 per cent of the total required liWid capacity, except that in horizontal cylindrical tanks this space shall be not'less than 15 percent of the total required liquid capacity. g. The inlet baffle or subme_rged pipe shall extend at least six inches but more than 20 per cent of the total liquid depth, to the nearest inch, below the liquid surface and at least one inch above the crown of the inlet sewer. not h. The out let baffle, or submerged pipe and the baffles or subme_rged pipes between compartments shall extend below.the liquid surface a distance equal to 40 per cent, to the nearest inch, of.the liquid depth except that the penetration of the indicated baffles or· submerged pipes· for horizontal cylindrical tanks shall be 35 per cent, to the nearest inch, of the total liquid depth~ They also shall extend above the liquid surface to provide for sewn sto~age as required in item 3f above. In no case shall they extend less than six inches above the liquid surface. i. There shall be at least one inch between the underside of the top of the tank and the h_ighest point of the inlet and outlet devices and partitions so as to provide the required ventilation·of the system through the main building stack. j. The inlet invert ?hall be not less than three inches above the outlet invert. k. Construction of the tank shall be,.; such as to assure its being water-tight and to prevent the entrance. of· rainwater, surface drain_age, or ground water. 1. The tank shall be constructed· of sound and durable material not subject to excessive corrosion or decay. Metal septic tanks shall comply with Commercial Standard 177-62 of the U.S. Department of Commerce and have the capacity required by Table 2. m. Adequate access to each compartment of the tank forinspection and sludge removal shall be provided by a man hole (not less than standard size) or removable cover and by a clean-out pipe of not less than six inch diameter extending through the cover to a point above the tank not more than six inches below finished ground level. The point at which the clean-out pipe passes through the cover shall be so located that a downward projection.of the pipe clears the inlet and outlet device by not less than two inches. The top of the clean-out pipe shall be provided with a readily re- movable water-t_ight cap and its location shall be marked by stake or other means at the_ ground surface. The inlet device shall be made accessible by either the removable cover or the manhole or by the addition of property placed hand holes. 4, Subsurface Disposal Field a. Location of the disposal field shall be in an unobstructed and preferably unshaded area, and the distances given below shall be in minimum hori- zontal separations between the disposal field and the following: (1) Any water supply weU, or buried water suction pipe 50 feet (2) Streams or other bodies of water, see IV A lld (3) Occupied buildings 20 feet l4) La.rge trees (see alternate in item 4f(4) of this section) 10 feet (5) Property lines or buried pipe distributing water under pressure 10 feet b. When coarse soil formations are encountered, the distance specified in items 4a Ci) and (2) shall be increased appropriately. c. A distribution box with removable cover and of sufficient size to accom- modate the necessary tile field lateral lines shall be constructed at the head of each disposal field. (1) Each tile field lateral line shall be connected separately to the distri- bution box and shall not be subdivided. (2) The inverts of all outlets shall be at the same elevation and the inlet invert shall be at least one inch above the outlet inverts. (3) The outlets shall be at least four inches above the distribution box floor for the purpose of securi.ng equal distribution of the ~~ptic tank effluent to. each tile lateral. (4) In the event that septic tank effluent is delivered to the distribution box by pump or siphon, a baffle wall shall be installed in the distribution box. The baffle shall be secured to the bottom of the box and shall extend vertically to a point at least level with the crown of the inlet pipe. The plane surface of the baffle shall be perpendicular to the inlet flow line. (5) Where the slope of the ground surface does not exceed six inches in any direction within the area utilized for the absorption field, the septic tank effluent may be applied to the absorption field through a system of inter-connected tile lines and trenches in a continuous system. The bottom of the trenches and distribution lines shall be constructed on a relatively level grade, not to exceed six inches dif- ference in elevation. 1 T (6) Where the slope of· the_ ground surface exceeds six inches in any direction within the area utilized for the absorption field, serial distribution may be used. The bottom of the trenches and distribution lines shall be constructed on a relatively level_ grade. The distribution· tile system shall be arranged so that each trench shall be filled with septic tank effluent before effluent flows to succeeding trenches. The invert of the overflow pipe in _the first relief line shall be·:at least four inches lower than the invert of the septic tank outlet. d. Minimum seepage area of the disposal field (total flat area of trench bottom exclusive of sidewall area) shall be determined by the following percolation test procedure as applied to Table 3. (1) Number and location of tests. Two or more tests shall be made in separate test~oles spaced uniformly over the proposed absorption field site. \ (2) Type of test hole. A hole with horizontal dimensions of four to twelve inches and vertical sides shall be dug or bored to the depth of the proposed ab- sorption trench. The holes may be bored with an auger of not less than four-inch diameter. (3) Preparation of test hole. The bottom and sides of the hole shall be care- fully scratched with a knife blade or sharp pointed instrument to remove any smeared soil surfaces and to provide a natural soil interface into which water may perco- late. All loose material shall be removed from the hole andtwo inches of course sand or fine_ gravel shall be added to. protect the bottom from scouring. (4) Saturation and swelling of the soil. The hole shall be carefully filled with clear water to_ a minimum depth of 12 inches ~ver the gravel. Water shall be kept in the 111e for at least four hours, and preferably overnight, by refilling if necessary, or by supplying a surplus reservoir of water, such Jts an automatic siphon. In sandy soils containi_ng little or·no clay, the selli_ng procedure shall not be re- quired and.the test may be made as described under item 4d(S) (c) after the water from one filling of the hole has completely seeped away. (5) Percolation rate measurement. With the exception of sandy soils, per- colation rate measurements shall be made on the day following the procedure des- cribed under item 4d(4). I BOOK f·1 PAGE31,f (a) If water remains in the test hole after the overnight swelling period, the depth shall be adjusted to approximately six inches over the gravel. From a fixed reference point the drop in water level shall be measured over a 30 minute period. This drop'shall be used to calculate the percolation rate. (b) If no water remains i~ the hole after the overn_ight swelling period, clear water· shall be added to bring the depth of water_ in the hole to approximately six inches over the gravel. From·a fixed reference point the drop in water level shall be measured at approximately 30 minute intervals for four hours, refil:l.ing six inches over the_ gravel if necessary. The drop that occurs duri_ng the final 30 minute period shall be used to calculate the percolation rate. (c) In sandy soils or other soils in which the first six inches of water seeps away in less thk 30 minutes-after the overnight swelHng period, the time interval between measurements shall be taken as ten minutes and the test shall be run for one hour. The drop.that occurs during the final ten minutes shall be used to calculate the percolation·rate. Table 3 ABSORPTION AREA REQUIREMENTS FOR PRIVATE RESIDENCES AND OTHER ESTABLISHMENTS (Per bedroom Column Provi_des for Residential Garbage Grinders and Automatic Sequence Washing Machines) · Percolation rate Required.absorption Percolation rate Required absorption (time required . area in square feet (time required area in square feet for water to fall standard trench (1) for water to fall standard trench 1 inch, in minutes) and sef:lpage pits (2) 1 inch, in minutes and seepage pi ts Per Per gallon of Per Per gallon of Bedroom (3) wast'3::cj>er-1 gay bedroom (3) waste per day 1 or less 70 .70 10 165 1.65 2 85 .85 15 190 1.90 3 100 1.00 30 (4) 250 2.50 4 us 1.15 45 (4) 300 3.00 5 125 1.25 60 ( 4) (5) 330 3.30 -~ (1) Absorption area for standard trenches is figured as trench-bottom area. (2) Absorption area for seepage pi ts is figured as effective sidewall area beneath the inlet. · · (3) In every case sufficient area should be providtl for at least two bedrooms ( 4) Unsuitable for seepage pi ts if over 30. (5) Unsuitable for absorption systems if over 60. (1) (2) e. Additional criteria for judging soil suitability (1) In areas of shallow· ground water, the depth of the water table shall be determined. No soil absorption· system shall be installed in an area where the water table is at any time less than 6!2 feet below ground level or four feet below the bottom of the drain field trench. Soil absorption systems installed in areas where impermeable layers are found at depths of less than 6½ feet shall be con- sidered to be of.special design. (2) A modification of the percolation test may be used where the percolation test procedure has been previously used and knowle~ge is available on the character and uniformity of.the soil. f. Construction of.disposal trenches. (1)) All trenches in a disposal field shall be constructed in accordance with the following standards: (a) Minimum number of lines per field 2 (b) Maximum length of individual lines 100 feet (c) Minimum bottom width of trench 18 inches (d) ~linimurn depth of cover of tile lines 18 inches (e) Preferred depth of cover of.tile lines 24 inches (f) Maximum depth of coyer of tile lines 36 inches (g) Maximum uniform_ grade of tile lines 6 inches per 100 feet (h) Preferred uniform. grade of tile lines 2 to 4 inches per 100 feet (i) Size and spacing of trenches Conform to Table 3 (j) Minimum filter material under tile 6 inches (k) Preferred depth of filter material under tile 12 to 24 inches (m) Minimum filter material over tile 2 inches BOOKll PAGE 3,f nooKfl_ PAGE 31!J Width at bottom· in inches 18 24 30 36 Table 4 SIZE AND MINIMUM SPACING REQUIREMENTS FOR DISPOSAL TRENCHES Effective absorption area in sq. ft. per lin. ft. 1.5 2.0 2.5 3.0 Minimum spacing of lines c to c in feet 6.0 6.5 7.0 7.5 Absorption trenches orbeds wider than 36 inches shall be provided with multiple distribution tile lines spaced not more than 36 inchres nor less than 18 inches on center, and not more than 18 inches from the side walls of the trench or bed, except that where tile lines are supported on a satisfactory under-drain system these spacings may be increased. (2) Pipe used for the line between the septic tank and the distribution box and between the distribution box and tile laterals to the point where the laterals are separated six feet, shall be vitrified-clay, cement asbestos, or cast-iron, or other acceptable material. Joints in such pipe shall be water-tight. Pipe used under driveways or other areas subject to heavy loads shall be bell and spigot cast-iron with leaded caulked· joints. Such water-tight sections laid in the dis- -posal field shall not be considered in determining the Effective absorption area .. (3) Tile used in the disposal field shall be rigid drain tile not less than four inches in diameter. Alternate materials may be used if equivalent performance is indicated. (a) All open joints shall be protected on·top by strips of asphalt-treated building ,·,paper at least ten inches long and three to six inches wide or by other:,,·c acceptable means. (b) All bends used in disposal field shall have t_ight joints at each end of the bend. (4) Filter material shall be crused stone, gravel, or similar insoluble, durable and acceptable material havi_'!?,g sufficient voids. This material may vary from 1/2 to 211 inches in size and shall be free o.:f: dust, sand or clay. The filter materials shall completely encase the tile in accordance with item 4~(1) (j), (k) and· (m). In ·any case, disposal trenches constructed within ten feet of·l~rge trees or dense shrubbery shall have at least 12 inches of filter materials beneath the tile. (5) The top of the filter material shall be covered with untreated building paper or a two-inch layer of.hay ot straw so as· to prevent settling of backfill material into the· filter material. (6) Where. it is necessary to fill an area for construction of tile laterals, the bottom of the tile trenches shall extend not less than one foot into the ori- ginal soil. (7) The trench above the filter material shall be overfilled with four to six inches of earth. (8) Before.filter material is placed·, all smeared or compacted soil in the trench bottom.shall be broken up and removedby raking or other effective means to provide natural soil conditions. g. Seepage Pits (1) Seep_age pi ts shall be used for· disposal of septic tank effluent only when such use is indicated by favorable conditions of soil, ground-water level, or topo- graphy, and where such use does not· reduce the safety of. surroundi_ng water supplies. The pit excavation shall terminate at least four feet above thehighest known or calculated ground~water table. The depth of the excavation shall not exceed SO per cent ,. :.· of the depth of any well casi_ng in the area or 20 feet, whichever is least. (2) A distribution.box which is constructed in accordance with item 4c shall be required when two or more seppage pits are connected and used in parallel. (3) The locatkm of seepage pi ts, in addition to the_ general provisions under item _4g (1) shall be not less thari the stated minimum distances from the following:: (a) Any water supply well or buried water suction pipe 75 .feet (b) Occupies buildings 20 feet (c) Property linessand buried pipe distributing water under pressure 10 feet. (d) Other seepage pits 3 times the diameter of the largest pit (edge to edge) '.(4) Effective absorption area.of a seepage pit shall be calculated as the sidewall area below the inlet, ex.elusive of any hardpan, rock, or clay formations. (a) Required seepage area shall be determined by the percolation test described in item 4d and from Table 3. A percolation test shall be made in each vertical stra- tum penetrated by the seepage pit, and the we_ighted average of the results, exclusive of results from soil strata in which the percolation rate exceeds 30 minutes, shall be computed and applied to Table 3 as indicated. BOOKil PAGE.37/ BOOK 11 PAGE '31~ (b) A minimum of four feet composite depth <£\'porous formation for each instal- lation shall be provided in one or·more pits. (c) All pits shall have a diameter of at least four feet. (5) Construction of all seepage pi ts shall conform tci" the following require- ments: (a) To prevent cave-in, the pit shall be lined with brick, stone or block at least four inches thick, laid in a radial arch to support the pit walls. (b) The brick. stone or block shall be laid water-t_ight above the inlet and with open joints below the inlet to provide adequate passage of liquids. (c) A minimum annular space of· six inches a.nd preferably 12 inches between the lining and excavation wall shall be filled with crushed rock or gravel. (d) The seep_age pit shall be so constructed at the top as to be capable of supporting the over-burden of earth and any reasonable load to \\Fhich it is subjected. Access to the pit shall be provided by means of a manhole or inspection hole equipped with a water-t_ight cover. The seep_age pit may terminate in a conventional manhole top. frame and cover. The top of the seep_age pit shall be not less than 12 inches below the ground surface. Where the top is more than 18 inches below the ground surface there shall be provided an inspection pipe of not less than four inch diameter extending through the cover to a point above the tank not more than six inches below finished ground level. The top.of the inspection pipe shall be provided with a readily removable water-tight cap and its location shall be marked at the ground sur- face. 5. Installing' License: a. No persons, firm or corporation shall engage in the business of installing. constructing, altering or excavati_ng for the purpose of installing a sewage disposal system within Otter Tail County without first obtaining a license to carry on such ctCupation from the County Commissioners and procuring and posting with the Adminis- trative Assistant a::bond in the amount of one thousand dollars ($1,000.00) in favor of the County and the public, conditioned upon the faithful performance of contracts and compliance with this Ordinance. Such license shall be revoked or refused by the County Commissioners for cause. Any installation, construction or altention of a sewage disposal system by a licensee in violation of the Otter Tail County Sanitation Standards or refusal on the part of licensee to .correct such defective work performed by such licensee shall be cause for revocation of or refusal to renew a license. T b. The annual license fee shall be ten dollars ($10.00). Application for such license shall be made annuall:y on a form furnished by the Administrative Assis- tant, or other des.ignated· official. A license is issued on· a calendar year basis. c. Before any lic~nse issued under the provisions of this section may be re- voked or its renewal refused, the licensee shall be given a hearing to show cause why such license should not be revoked or refused. Notice of the time, place and purpose of such heari.ng shall be in writing. 6. Pennits: a. No person, firm or corporation shall e.ngage in the business of installi,ng, constructing, altering or· exc.avating for the purpose of installing a sewage disposal system in the County without first obtaining a permit therefore from the Administrative Assistant for the specific installation, and, at the time of applying for said permit shall pay a fee therefore o.f five dollars ($5. 00) . Such penni ts shall be valid for a period of six (6) months from date of issue. In addition to the permit fee, the Administrative Assistant shall collect applicable compµted State of Minnesota sur- charge fees . b. Applications for permits shall be made in writing upon pd-nted blanks or forms furnished by the Administrative Assistant and shall be signed by the applicant. c. Each application for a permit shall have thereon the correct legal descrip- tion of the property on which the proposed installation is to take place and each application for a permit shall be accompanied by a plot plan of the land showi_ng the location of any prop_osed or existing buildings located on the property with respect to the boundary lines of the property and complete plans of the proposed system sub-, . stantiating data,. if necessary, attesting to the compliance with the minimum standards for this Ordinance. A complete plan shall include the location, size and des_ign of all part's of the system to'be installed. The application shall also show the present or proposed location of water supply facilities and water supply piping and the name of the persons, firm or corporation who is.to.install the system and shall provide such further information as may.be required by the County Board. d. The results of 'two .(2) soil percolation tests, taken by a certified perco- lation tester, shall be required prior to issuing a sewage system permit. Percola- tion tests shall be taken in the immediate area of proposed soil absorption area of the system. BOOK11 PAGE37J 7. Construction.Requirements: Every sewage disposal system installed after the effective date of this Ordin- ance shall conform to the standards of the code herein adopted by reference. 8. Administration The Administrative As.sistant shall administer and enforce the provisions of this Ordinance. 9. Inspection: a. The Administrative Assistant shall cause such inspection or inspections as are necessary to determine compliance with this Ordinance. No part of the system shall be covered until it has been inspected and accepted. It shall be the responsibility of the applicant for.the permit to notify the County that the job is ready for in- o:r-reinspection· spection(iand it shall be the duty of the County to make the. indicated inspections with- in twenty-four (24) hours after such notice has benn given. It shall be the duty of the owner or occupant of the property to_ give the County free access to the property for the purpose of· maki_ng such inspections. Upon· satisfactory completion and final inspection of the system the County shall issue to the applicant a certificate of approval. b. If upon inspection the· County discovers that any part of the system is not constructed in accordance with the minimum standards provided in this Ordinance, the applicant' shall be_ given written notification describi_ng the defects. The appli- cant shall pay an additional fee of three dollars ($3.00) for the second inspection. For each re.,.inspection that is necessary, a fee of ten dollars ($10 .00) will be charged. The applicant shall be responsible for· the correctbn · or elimination of all defects and no system shall be placed or replaced in service until all defects have been corrected or eliminated. c. There shall be open for County inspection purpose only, a hole not less than two (2) inches in diameter and four (4) feet in depth from the bottom of the lowest point in the soil abSOrJ?tion area of the system. 10. Water supply: a. Any public or private supply of water for.domestic purposes must conform to Minnesota Department of Health standards for water quality. b. Private wels.shall be placed in areas not subject to flooding and upslope from any source of· contamination~ Wells already existfog in areas subject to flooding shall be floodproofed, in accordance \~i th procedures established in State- wide Standards and Criteria for the Management of FloodPlain Areas of Minnesota. 11. Sew_age and Waste Disposal: Any premises used for human occupancy shall be provided with an adequate method of sewage disposal 1 which shall be maintained to conform with all minimum sewage sys- tem requirements of the Ordinance .. a. Publi~ or·rnunicipal collection and treatment facilities must be used where available and where feasible. b. All private sewage and other sanitary waste disposal systems shall conform to _applicable standards, criteria, rules and regulations of the Minnesota Department of Heal th and the Pollution· Cont_ro1 · Agency and any applicable local_ government regu- lations in terms of size, construction, use and maintenance. c. Location and installation of·a septic tank and soil absorption system shall be such that, with reasonable maintenance, it will function in a sanitary manner, and will not create a nuisance, endanger· the safety of any domestic water supply, nor pollute or contaminate any waters of· the State, and shall conform with all minimum sew_age system requirements of this Ordinance. In determin~_ng a sui.table location for the .rs tern, consideration shall be given to the size and slope of the lot, slope of natural and finished_ grade, soil permeability high ground water elevation, geol_ogy proximity to existi.ng or future water supplies, accessibility for maintenance and possible expansion of the system. Placement of soil abSOrJ?tion· systems shall be subject to the followi_ng specifi- cations: · 10 feet from· a lot· line; 20 feet from· a building intended for human occu- pancy; and 50 feet from a well or other water supply source. Minimum seepage area of the disposal field (total) flat ar~a of trench bottom exclusive of sidewall area) shall be determined by the percolation test procedure as specified in the 1969 edition of the Minnesota Individual Sewage Disposal System Code of MinimumStandards. d. Septic tank and soil absorption·systems shall be set back from the normal high water mark in accordance with class of public waters: BOOi< ~1 PAG'E -11:r BooKA PAGE 31t I. On Natural Environment Lakes and Streams, at least 150 feet. II. On Recreational Development Lakes, at least 75 feet;· III. On .General Development Lakes, at least 50 fett. · IV.' On Rivers and Streams at least 50 feet. e. Septic tank and soil absorption or·similar systems shall not be acceptable for disposal of domestic sewage for developments on lots adjacent to public waters under the following circumstances; I.· Low swampy areas orareas subject to recurrent flooding; or II. Areas where the highest known ground water table is within four feet of the bottom of the soil absorption system; or· I II. Areas of exposed bedrock or shallow bedrock within four feet of the bottom of the soil absorption system or where subsurface conditions significantly restrict percolation of the effluent; or IV. Areas of ground slope where there is da.nger of seepage of the effluent onto thJurface of the ground in accordance with the following critical slope values: PERCOLATION Rate. (Mi~ute~) CRITICAL SLOPE Less than 3 20 per cent or more-_ 15 per cent or more 10 per cent or more 3-45 (1) Absorption area for standard trenches is figured as trench-bottom area. (2) Absorption· area for seep.age pi ts is figured as effective sidewall area beneath the inlet; (3) In every case sufficient area should be provided for.at least two bedrooms. (4) Unsuitable forseeP.age pits if the percolation test is over 30. (5) Unsuitable for absorption systems if the percolation test is over 60. (6) FJexible drain field pipe is not acceptable. f. Alternative methods of· sew_age disposal, such as holding tanks, privies, -electric o~ · gas inc~nerators, biol.ogical and-or tertiary waste treatment plants or land dis:posal system, may be permitted; provided, such facilities meet the standard criteria, rules and regulations of the Minnesota Pollution Co'ntrol .Agency, Minnesota Department of Health, and the sideyard and setback requirements of the Otter Tail County Shoreland Management Ordinance. B. Shoreland Alteratx>ns 1. Gradi_ng and filling in shoreland areas or any alteration of the natural topography where the slope of the land is toward a public water or a watercourse leading to a public water must be authorized by a special use permit. 2. In_ granti_ng a special use permit for grading and filling, the followi_ng conditions shall be met: a. The smallest amount of bare ground be exposed for a short a time as feasible. b. Temporary_ ground cover such as 11\tl:'ch be used and permanent cover such as sod be planted. c. Diversions, silting basis, terraces and other methods to trap sediment be used. d. Lagooni_ng be conducted in such a manner as to avoid creation of fish trap conditions. e. Fill is stabilized according to accepted engineering standards. f. Fill will not restrict a floodway or destroy the storage capacity of a flood plain. g. Sides of a channel or artificial watercourse be established to prevent slumpi_ng. h. Side of channels or artificial watercourses be constructed with side slopes of two (2) units _horizontal distance to one (1) unit vertical or flatter, unless bulkheads or riprapping are provided. 3. Excavations on shorelands where the intended purpose is connection to a public water shall require a permit from the Administrative Assistant before con- struction is b_egun. Such permit may be obtained only after the Commissioner of Natural Resources has ~ranted permission for work in the beds of public water. C. Non-Conforming Uses Any lawful use existing at the time of the adoption of this Ordinance may be continued a~r the adoption of this Qdinance, except that sanitary facilities in- consistent with Section IV, A1 tic, Paragraph (1) shall be eliminated within 30 days of notification of non-conformance by the Administrative Assistant. ·If this order is, not complied with the nuisance will be abated and the cost of so doi_ng will be charged and assessed against the property, and such amount will be certified to the County Auditor of Otter Tail County, Minnesota and by him extended upon tax roll of said County against said premises and will be collected by the County BOOKfl PAGE .31. 7 Treasurer of Otter Tail County Minnesota and paid to the County of Otter Tail, Minnesota as other taxes are collected and paid. Eliminated seepage pits shall have inlet tile removed for·a minimum horizontal distance of five (5) feet and pit shall be pumped and filled with soils. D. Cluster Development. 1. Preliminarf. plans must first be approved by the Commissioner of Natural Resources. 2. Central sewage facilities must be'provided which meet the standards, criteria. rules or regulations of the Minnesota Department of Health and the Pollution Control Agency. 3. Open space is preserved. 4. There is not more than one centralized boat launchi_ng facility for each cluster. 5. Any attached conditions such as limits on overall density, minimum size of the cluster development, restriction'to residential uses or'minimum length of water front,age may be demanded: E. Exemptions 1. The followiTigi, uses• befog essential for the operation of any zonfog use district are exempt from all the provisions of this Ordinance and ar~ permitted in any district: poles, towers, telephone booths, wires:;, cables:;' conduits';• vaµlts, pipelines, laterals or any other similar distributing equipment of a public utili_ty; ., and provided further that, fences, walls, hedges or shrubbery may be erected; placed, maintained or grown except as they may constitute a safety hazard. 2. A structure may be erected on a lot of less than the established minimum area and width provided it existed by virtue of a recorded plat c~ deed before October 15, 1971; provided, the use is permitted in, the. District· pr,oVidetl, Dthe :use is permi ttedr i~dhe .Di.strict '.proposed: and,:,·all 0sani tary-;, requirements of the County are complied with. V. REGULATIONS COVERNING AN'D FOR THE DEVELOPMENT OF MOBILE HOME PARKS, RECREATIONAL CAMPGROUNDS, RESORTS, CLUSTER DEVELOPMENTS AND CONTROLLED ACCESSES A. General All resorts, Mobile Home Parks, Recreational Campgrounds, Cluster Developments, and controlled accesses shall obtain a one time operating permit from Otter Tail County. There shall be no ch~rge for the permit, however, if ownership of a resort, park or campsite changes, the new owner shall obtain a new permit from the County. All land uses shall be subject to inspection by County officials. Holder of OPerating ,, Permits shall comply.with all requirements of the Shoreland Management Ordinance. Applicants for'Resorts~ Mobile Home Parks or·Recreationa.1 Campgrounds shall present a valid Minnesota Department of Health license to Otter Tail County as a condition for obtaini_ng an operati_ng permit. 1. Pre-Application Meeti_ng Prior to the submission·of any plans for.consideration to the Planning Commission under the provisions of this Ordinance, the potential applicant shall meet with the Administrative Assistant and learn what shall be expected of him in such a capacity. 2. Application The applicant shall apply for a Special Use Permit. 3. Crowdi_ng Potential Applications for Special Use Permits for· Mobile Home Parks, Recreational Camp~ grounds, Cluster Developments, and controlled accesses shall be acceptable if the cro~ng potential is ten (10) or more or the applicant has secured pre-application approval from the Otter Tail County Planning Advisory Commission. B. Presentation Requirements 1. Preliminary Plat prepared by Minnesota Registered Land Surveyor, Civil Engineer or Architect. 2. Scale: One inch equals 100 feet, if possible, but not smaller than one inch equals 200 feet. 3. Identification and Description· a. Proposed name of.facility. b. Location by Section~ town, range or by.other identifying description~in- cluding township name, lake name and number c. Names and addresses of owner or·owners. d. Graphic scale. e. North Point. f. Date of Preparation. 4. Existing conditions in tract and in surrounding area to a distance of three hundred (300) feet. a. Boundary line of proposed facility, clearly indicated. b. Total acreage. c. Platted streets, rights-of-way and utility easements. d. Boundary lines and ownership of.adjoining land. e, Sewers, water mains, '.culverts· or other underground facilities. f. Permanent buildings and structures. BOOK~ PAGE 310 g. Lakes, water courses and marsh areas and such other information as contours at vertical intervals of· not· more than five (5) feet. All elevation data shall be mean-sea level or·some other assumed workable datum. 5. Facility Des_ign Features a. Layout and width of proposed streets and utility easements showing lake setback boundaries, buffer zone boundaries, lot.boundaries dedicated roads, and pro- posed location of sewage system. b. Preliminary street grades and drainage plans shall be shown on a copy of the contour map. c. Statement of source of '".at er supply. C. Requirements of Mobile Home Parks, Recreational Campgrounds, Cluster Develop- ments, Resorts and Controlled Accesses. 1. Each application· shall be subject to the following requirements. The most restricti v_e requirements do not· assure approval by the Planni_ng Advisory Commission. The Planning Advisory Commission shall also take into account the effects on the health, safety and welfare of the general public and the environment. 2. Lake Setback a. General Development b. Recreational Development c. Natural Environment 75 feet 100 feet 200 feet d. Rivers an_d Streams 100 feet 3. Greate_r than 50 per cent of property must be open space. 4. Mobile Home Parks 1 a. Lot size with approved central sewage system (1). GD -5,000 square feet RD -10,000 square feet NE -20,000 square feet RS -10,000 square feet (2) The lot width shall be at least 50 feet for all c~sses of lakes. b. Lot size with approved individual soil absorption sewage systems. GD -10,000 square feet RD -20,000 square feet NE -40,000 square feet RS -20,000 square feet c. ·Lot sideyard. There shall be a. minimum of 5 feet sideyard for each lot. d. There shall be lake frontage for each lot of: GD -25 feet RD -37.5 feet NE -50 feet RS -37 .5 feet e. Road Width Requirements 40 feet wide -parki_ng 32 feet wide -parki_ng on both sides of.road on one side of road only 24 feet wide -no parking on road allowed and 500 square feet parki_ng space shall be required for each lot. f. 50 Foot.buffer zone 5. Recreationa_l Campgrounds a. Lot sizes with approved remote and central sew_age systems GD -2,000 square feet RD -4,000 square feet NE -8,000 square feet RS -4,000 square feet off street b. · Lot size with approved individual soil absorption sewage system GD -4,000 square feet RD -8,000 square feet NE -16,000 square feet RS -8,000 square feet c. Lot sidey~rd to adjacent property boundaries There shall be an unused 50 foot buffer between adjacent property boundaries. d. Minimum lot width shall be not less than 40 feet. e. There shall be lake frontage for each lot of: 10 feet on GD lake 15 feet on RD lake 20 feet on NE lake 15 feet on RS _:..1·•· BOOKLL PAGESe? I BooKJ1 PAGE 31)... -6. Controlled Accesses Special Use Permit required for each specific use. 7. Cluster Developments and Hesorts a. No Cluster Development or h esort shall be permitted without an approved central sewage system. b. Lot size per dwelling unit with approved central sewage treatment system GD -5,000 square feet RD -10,000 square feet NE -20,000 square feet RS -_10, 000 square feet c • 1'½.nimum Lake Frontage per Dwelling Unit GD -25 feet RD -37.5 feet NE -50.0 feet RS -37.5 feet d. 50 foot buffer zone VI. ADMINISTRATION A. Building Permits 1. A building permit shall be obtained prior to erecting or installing a new structure or altering any structure or part thereof. A building permit shall also be obtained prior to moving a structure. No permit is necessary if the total square footage of proposed stucture is less than 100 square feet, however all setback require- ments of this ordinance shall be adhered to. 2. Before a building permit is issued the terms of this Ordinance shall be met. ·3. A fee of two dollars payable to the County shall be required for each building permit on all buildings valued at ten thousand dollars ($10,000.00) or less estimated construction cost. 'l'he fee shall be increased one dollar ($1) for each ad- ditional ten thousand dollars ($10,000.00) of estimated construction cost. 1n addition to the permit fee, the Administrative Assistant shall collect applicable computed State of Minnesota Surcharge Fees. B. Certificate of Occupancy 1. A certificate-of occupancy shall be obtained from the.Administrative Assistant before any building hereafte~re~ted or structurally altered is occupied or used or the use of any such building is altered. 2. Application for a certificate of occupancy for a newbuilding or for ex~- isting building which has been altered shall be made to the Administrative Assistant as part of the application for a building permit. 3. Every certificate of occupancy shall state that the building or pro- posed use of a building or land complies with all provisions of law and this Ordinance. A record of all certificates of occupancy shall be kept on file in the office of the Administrative Assistant and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. C. Administrative Assistant The Board of County Commissioners hereby delegates to t~e Administrative Assist~nt the duties and responsibilities as follows: 1. Issue buildi_ng permits and certificates of occupancy. 2. Administer the terms of this Ordinance subject to any required approval of the Planni_ng Advisory Commission; 3. Keep necessary records. D. Special Use·,· Permit (also see section V) Any proposed special use shall be presented to the Planning Advisory Commission for the determination of its applicability to the shoreland management district wherein proposed. In support of such determination applicability,.the Planning Advisory Com- mission may require preliminary architectural drawings or sketches on all buildings or groups of buildings ·showing the front, side and rear elevations of the proposed buildings, structure or other improvements and the proposed location of such buildings on the lot as the same shall appear after the work has been completed. Such drawings or sketches shall be_considered by the Planning Advisory Commission in an endeavor to ascertain that such buildings str:uctures and other improvements shall be so designed and constructed that they will not be of unsightly, undesirable or obnoxious appear- ance to the extent that they will hinder the orderly and harmonious development of the County and the zoning district wherein located. 1. The applicant for a special use permit shall file his application in the office of the Administrative Assistant not less than seventeen (17) days prior to next scheduled meeting of the Planni_ng Advisory Commission and pay a fee of five dollars ($5.00) to the County when the application is filed. 2. The Administrative Assistant shall refer the application to the Planning Advisory Commission. · Property owners within five hundred (500) feet of the property in question and the Commissioner of Natural Resources shall be given not less than fourteen (14) days notice of the date the Planning Advisory Commission will consider said application, although failure of any property owner to receive such notifica- tion shall not invalidate the proceedings. Notice shall be given the governing body of any city or village, the iRcO-I'pOrated limits of which lie within two (2) miles of the proposed special use. Notice shall also be given the Town Board of the town- ship wherein the special use is proposed. BOOKll PAGE3tf3 • BOOK11 PAGE .38''/ 3. The Planning Advisory Commission shall consider the application at its next regular meeting after compliance with the provisions of notice above specified. 4. The applicant or his representative shall appear before the Planning Advisory Commission and answer any questions concerning the proposed special use. 5. The Planning Advisory Commission shail consider possible adverse effects of. the proposed special use .and what additional requirements may be necessary to prevent such adverse effects. 6. The report of the Planning Advisory Commission shall be referred to the County Board and placed on the agenda of the Board at its regular meeting following referral from the Planning Advisory Commission. 7. The County Board shall take action· on the application within sixty (60) days after receiving the report of the Planning Advisory Commission. If it grants the special use permit, the Board may impose a~y special conditions it considers necessary to protect the public welfare. A copy of all_ granted special use permits shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. 8. The Planning Advisory Commission shall establish the valid period for each special use period granted. 9. After approval of the Special Use application by the County Board the appli- cant shall secure from the Administrative Assistant a written permit before ,initia- ting the project. 10. ,It shall be the_ duty of the applicant for a Special Use Permit to notify the Administrative Assistant that the Special Use Permit application project is completed and ready for inspection within 24 hours after the project is completed. 11. The Administrative Assistant may inspect within 24 hours after notifica- tion and inform the applicant in writing that the project complies or is inconsis- tent with the approved application. The purpose of the Special Use Permit applica- tion shall not be put to use until written approval has been granted by the Adminis- trative Assistant. E. Board of Adjustment 1. The Board of Adjustment shall act upon all questions as they may arise in the administration of this Ordinance, and it shall hear and decide appeals from and review any order, requirements, decisions or determinations made by an administrative official charged with enforcing any provision of this Ordinance. The grounds of such determination shall be stated. 2. Such appeal shall be taken in such time as shall be prescribed by the Board of Adjustment by general rule, by filing with the Board of Adjustment a notice of appeal specifyi_ng. the_ grounds· thereof. The Board of Adjustment shall fix a reason- able time for the hearing of the appeal and give due notice thereof to the appli- cant and the officer from whom the appeal is taken and decide the same within a reasonable time. The Board of Adjustment may reverse or affirm wholly, or partly or may modify the order, requirements, decisions or determinations as in its -opinion o_ught to be made in the premises and to that end shall have all powers of the officer from .whom the appeal was taken and may issue or direct the issuance of a permit. The reasons for the Board's decision shall be stated. The decision of such Board shall not be final and any person having an interest affected by such decision shall have the right to appeal to the District Court in the County in which the land is located on questions of law and fact. 3. An:y appeal from·any decision~ order, requirement or determination within the jurisdict:tm of this Commission shall be taken by the fili_ngof a notice of appeal with the secretary of the Board within ten days from the date that the appelant was notified in writing by the officer or Board or Commission making such decision of its said decision and paying to the Commission, the established fee as and for an appeal fee. No such appeal shall be filed by the secretary of the Board unless accompanied by such appeal fee. F. Amendments This Ordinance may be amended in whole or in part by the Board of County Com- missions after proper public hearing conducted by the Planning Advisory Commission and as provided in Minnesota Statutes 394.26. G. Variances from Standards In any case where, upon application of any responsible parties_to the Planning Advisory Commission, it appears, that by reason of exceptional circumstances, the strict enforcement of any provision of the standards would cause unnecessary hard- ship or that strict conformity with the standards would be unreasonable, impractical or not feasible under the circumstances, the Planning Advisory Commission may permit a variance therefrom upon such conditions as it may prescribe consistent with the general purposes of this Ordinance and the intent of this and all other applicable State and local regulatbns and laws, provided that: 1. The condition causi_ng. the hardship is unique-to that property, BOOK.rt PAGE Ji:< BOOK-f+ PAGE J/t 2. The variance is proved necessary in order to secure for the applicant a right or r_ights that are enjoyed by other owners in the same area or district. 3. The granting of the variance will not be contrary to the public interest or damagi_ng to the r_ights of ·other persons or to property values in the neighbor- hood. 4. The_ granting of the variance will not be contrary to management policies of the area or district. 5. No variance shall be granted simply because there are no objections or because those who do not object outnumber those who do; nor for any other reason than a proved hardship; 6. A copy of all variances granted shall be forwarded to the Commissioner of Natui:al Resources within ten (10) · days of such action. 7. Each application for·variance shall be accompanied by a scale drawing plat plan o:( the land showing the location of any proposed structure and existing structures located on the property. The plat plan shall indicate all structures, sideyard, road setbacks, and lake setback distances in feet. fl. Enforcement and Penal ties 1. This Ordinance shall be administered and enforced by the Administrative Assistant who is hereby designated the enforcing officer. 2. Any person who unlawfully violates any of the terms and provisions of this Ordinance shall be charged with a misdemeanor, punishable by a fine of not more than three hundred dollars ($300 .00) and-or by imprisonment not exceeding ninety (90) days. All fines and violations shall be credited to the General Revenue Fund. 3. In the event of a violation or a threatened violation of this Ordinance, the County Board and, or the Adminis_trative Assistant, in addition to other reme- dies may institute appropriate actions or proceedings tc prevent, restrain, correct or abate such violations or threatened violations, and it shall be the duty of the County Attorney to institute such action. Each 24-hour day that a violation con- tinues shall constitute a separate offense. 4. Any taxpayer or taxpayers of the County may institute mandamus proceedings in District Court to compel specific performance by the proper official or officials I of any duty required by this Ordinance. Dis- trict NE RD GD RS 5. All employees of the Otter Tail County Shore land Management staff, in the· performance of their duties, shall have free access on all land included in the Shoreland Management use districts. I. Validity Should a court of competent jurisdiction declare any part of this Ordinance to be invalid such decision•:shall not· effect the validity of the remainder. J.. Effective Date 1. This Ordinance shall be in full force and effect from and after May 1, 1973. Construction not completed on May 1, 1973 without a permit is considered as new construction and shall conform to all requirements of this Ordinance. All public bodies of water not specifically designated or enumerated in this document ar~ herepy given the classification of Natural Environment. RIVER AND STREAM CLASSIFICATION FOR_ Otter Tail County ·Au rivers and streams in Otter Tail County having a total drainage area of greater than two square miles are assigned a public water classification of Rivers and Streams Width & Height Setback Above Minimum Setback from.Road from High Water Lot Size Shoreline Right-of-Way Lake Mark 80,000 sq. ft. 200 ft. 50 ft .. ·from State Hilghways, 200 ft. 3 ft. 40 ft. from roads and streets 40,000 sq. ft. 150 ft. 50 ft. from State Highways 100 ft. 3 ft. 40 ft. from roads & streets 20,000 sq. ft. 100 50 ft. from State Highways 75 ft. 3 ft. 40 ft. from·roads &. streets 40,000 sq. ft. 200 ft. so ft. from State Highways J. 75 ft. 3 ft. 40 ft. froin roads & streets Sideyard Setback for all Lake Classes: 1' -59' 10 per cent of building line 60' -69' 12 per cent of building line 70' -79' 14 per cent of building line 80' -89' 16 per cent of. building line 90' -99' 18 per cent of building line 100' or greater 20 per cent of b~ilding line BOOKij_ PAGEJ.t:7 i BOOK ~1 PAGE··.;zi In addition to the listed requirements, lot size shall be increased so that the total area of all proposed structures on a lot shall not equal more than thirty (30 per cent) of the lot area. The Board of Adjustment may vary the requirod lot size where the lot is served by a central sewage system. Lake Setback exceptions are: Boathouses, piers and docks, Planning Commission may vary the setback where it can be demonstrated that unusual physical limitations pertaining to the lot make it impractical or impossible to construct for a permitted use. A lot shall contain only one dwelling for living purposes and only one soil absorption sewage system. A mobile home or a recreational camping unit for dwelling purposes Ti1ay be placed on a lot, without a permit, on a temporary basis not to exceed fif- teen (15) days; however no water or sewage connections shall be allowed. Board of County Commissioners Otter Tail County ~linnesota j, Lake Number 56-1 56-3 56-4 56-5 56-6 I 56~8 56-9 56-10 56-11 56-12 56-13 56-14 56-16 56-17 I 56-22 56-23 56-24 · 56-25. -·· -56.-26 56-27 56-28 56-29 56-31 56-32 56-33 56-35 56-36 56-38 56-40 56-41 I •• 56-43 56-46 56-48 56-49 56-50 56-53 56-54 56-55 56-56· · 56-58 56-61 56-62 Key: . NE -Natural Environment' Lake RD -Recreational Development Lake GD -General Development Lake C -Critical Lake WATERS OF OTTER TAIL COUNTY CLASSIFICATION Lake Name Townshi:e Section East Annalaide Eastern 12 Eastern 34 South Maple Eastern 5, 8 & 9 West Annalaide Eastern 9,10,15 Rice Eastern 9,16,17 Long Eastern 15,22 Eastern 16,17,20,21 Mary Eastern 22 Eastern 24 Eastern 31 North Maple Woodside & 4,5,32 Eastern Mud Corliss 14,15 Parkers Prairie 35 Graven Parkers Prairie 2 Horsehead Parkers Prairie 10,11,14 Cora · Parkers Prairie 10,15· Parkers Prairie 13,14 Augusta· Parkers Prairie 14,23 Mud Parkers Prairie 17,18 Besser Parkers Prairie. , ,. '17 ,20 Parkers Prairie 19,20· I' Clarno Parkers Prairie 20 . -' Classification GD NE NE NE NE GD NE NE GD GD NE GD NE GD NE NE NE NE NE NE GD NE Adley Parkers Prairie 21,22,27,28 GD Parkers Prairie 21,28 GD Parkers Prairie 28 GD Rainy Parkers Prairie 36 NE North Lemmerhirt Elmo 1 NE ·Elmo 3 ,4. . .,_ NE Elmo 5,8· .!.· NE Elmo ' .7,18 NE Wing River. Elmo 11,14 NE Curtis .. Elmo 26 NE Elmo 35. GD Almora Elmo 35,36 GD Inman 28 NE Deer Creek 25,36 GD i·. Newton 5 -8 NE Newton 6 NE ---Homestead 18,19 GD ---Homestead ' 31 NE Butler 19,20 GD ---Butler 22,27 GD BOOKfl_ PAGE 3ft r, J. Lake Number I I 56-1 ; ! 56-3 I 56-4 ! 56-5 I 56-6 56-8 56-9 56-10 56-11 56-12 56-13 56-14 56-16 56-17 I 56-22 56-23 56-24 56-:-25 56-26 56-27 56-28 56-29 56-31 56-32 56-33 56-35 56-36 56-38 56-40 56-41 56-43 56-46 56-48 56-49 5'6-50 56-53 56-54' 56-55 56-56. 56_;58 ·. 56-61 '56.:.62 ;._,, • ◄ •• , L ' ,1' • ' Key: NE Natural Environrnen( Lake RD -Recreational Development Lake GD -General Development Lake ,-r C -Critical Lake WATERS OF OTTER TAIL COUNTY CLASSIFICATION Lake Name Township Section Classification East Annalaide Eastern 12 GD Eastern 34 NE South Maple Eastern 5, 8 & 9 NE West Annalaide Eastern 9,10,15 NE Rice Eastern 9,16,17 NE Long Eastern 15,22 GD ---Eastern 16,17,20,21 NE Mary Eastern 22 NE Eastern 24 GD ---Eastern 31 GD North Maple _ Woodside & 4,5,32 NE Eastern Mud Corliss 14,15 GD Parkers Prairie 35 NE Graven Parkers Prairie 2 GD Horsehead . , Parkers Prairie 10,11,14 NE Cora Parkers Prairie 10,15 NE Parkers Prairie 13,14 NE Augusta Parkers Prairie 14,23 NE Mud Parkers Prairie 17,18 NE Besser Parkers Prairie .. ,,. :17 ,20 NE Parkers Prairie 19,20 GD Clarno Parkers Prairie 20 NE Adley Parkers Prairie 21,22,27,28 GD Parkers Prairie 21,28 GD Parkers Prairie 28 GD Rainy Parkers Prairie 36 NE North Lemmerhirt Elmo 1 NE 'Elmo 3 ,4, ~ NE Elmo 5,8· .!.· NE Elmo 7,18 NE Wing River . -Elmo 11,14 NE Curtis ,· Elmo 26 NE Elmo 35 GD Almora Elmo 35,36 GD --· Inman 28 NE Deer Creek 25,36 GD r Newton 5 -8 NE ---Newton .6 NE Homestead 18,19 GD Homestead ' 31 NE Butler 19,20 GD Butler 22,27 GD ·, ·' ·, .. ·., . t • ' ,. : i ·i·.; t / Number Lake Township Section Classification 1-·· · -.-' Lake Name . I I Butler 22,27 l 56-62 GD ; 1 • •56-63 Butler . 23 ,24 GD I 56-65 Nelson Parkers Prairie & 7,18,12,13 NE I Effington , r 56-66 Fish Parkers Prairie & -30;25,26 NE ·-1 Effington 56-67 Twin Parkers Prairie & 31;36 NE I Effington i ·!i 56-68 Folden & 6,7;1,12 NE i: Elmo I : 56-69 Bear Butler & ·17,18;13 NE Corliss 56-70 Edna Butler & 18,19;13,24 GD Corliss 56-72 Effington SE 3 GD 56-73 Effington SC 3 NE .56-75 Effington . 5,8 GD 56-76 Effington NW 6 GD 56-77 Stemmer Effington 6,7 NE 56-78 Effington 6-8 GD 56-79 Block Effington 8,16,17 RD 56-86 Arken Effington 19,29,30 NE 56-90 · Meyer Effington 28,29 ' GD 56-91 Effington 29 GD 56-93 Sieh Effington . 33,34 GD 56-94 Folden&· 3;34 NE Effington 56-95 Perch Folden & .E4; 33-GD Effington ,, .. ,· ,- I' 56-96 Folden & W 4;33 GD Effington ·56-97 Folden 11 GD 56-100 Folden 16,21 . NE 56-101 Folden 18,19 NE 56-102 Folden 19,30 NE 56-105 Folden 26,35 GD ., 56-108 Folden SW '}O GD 56-110 Snow Folden 34 J· NE 56-112 Folden 35 GD 56-113 ---► Henning 4,9 NE 56-114 West Lear .Leaf Lake 16-22 RD 56-115 Grass Leaf Lake 19 NE 56-116 East Leaf· Leaf Lake 22-26 RD 56-118 Albert Otto 6 NE 56-119 ~•. Otto 11 NE 56-121 Otto 35 NE 56-122 Otto & 4;33,34 NE Pine Lake 56-126 Pine Lake 9,10 NE 56-130 Big Pine Pine Lake & Various GD Corliss -2-BOOKC/-PAGE J9f • • J .. 1 • Lake Number Lake Name 56-131 Indian 56-132 Mud 56-134 56-135 56-136 56-137 56-138 56-139 56-140 56-141 56-142 56-143 56-144 56-145 56-147 56-148 56-149 56-150 56-151 56-156 56-158 56-159 56-160 56-163 56-164 ~6-165 56-171 56-172 56-173 56-175 56-176 · ·56-177 ,~-~-----56.-178 56-179 56-180 -56-181 56-183 56-184 56~185 56-186 East Battle Gourd Portage Rush Little Pine George Millpond Sampson Toms Deusch Long Spitzer Jessie Bullhead Bredeson Ellingson· Siverson '• I 1, • I ' ''' : . ·,, ... Township Section Corliss 5;8. Corliss 11,14 Effington & 18,19,24 Leaf Mountain Folden&, 18;13 Nidaros Folden & 30;25 Nidaros Folden & 31;36 Nidaros Nidaros, Girard various & Henning Leaf Lake, Otter various Tail & Girard Leaf Lake, Otter 18,19;13 Tail Otto & Rush Lake various Perham, Corliss various & Gorman Pine Lake & Gorman.1;31_ Leaf Mountain l,2;35,36 Leaf Mountain 2 Leaf Mountain 5-8. Leaf Mountain 8,9 Leaf Mountain ,8,17 Leaf Mountain,-' · ' ,,, 9, 10 Leaf Mountain 10,11 · ,•·. Leaf Mountain 14,23 Leaf Mountain 16 Leaf Mountain 17 Leaf Mountain 17-20 Leaf Mountain 24-26 Leaf Mountain 26 • ., • J ' ·~ ' ' 1' •• Classification GD NE NE GD NE GD RD NE GD GD GD Leaf Mountain 27 ,-33,34 ., NE NE GD GD GD NE NE NE NE GD GD NE NE NE NE Nidaros 5,8' Nidaros 5,8,9 Nidaros 9,16 Nidaros 11,14 Nidaros 12 Nidaros 13 Nidaros 15 Nidaros 15,16 Nidaros 21,22 Nidaros NC 25 Nidaros 25,26 Nidaros 25,26 Nidaros ·26,35 Nidaros 27,28 .!.· GD GD . NE GD GD GD NE GD NE GD GD GD NE GD i I l .. . . Lake Number " ·56-187 56-190 56-191 56-192 56-193 .56-194 56-195 56-196 56-197 56-198 -56-201 ~-56-202 56-204 56-205 · 56-206 56-207 56-208 56-209 56-210 56-211 56-212 56-213 56-214 56-215 56-216 56-217 56-219 -56-221 56-222 56-224 56-228 56-229 56-230 56-232 ·. 56-234 56-235 56-237 56-238 -, . Lake Name Trulse Stuart Tamarack Ethel Emma· · Beauty Shore Mason Hanson Long Pelican Bay Pickeral. Round Shennan Buchanan Long Rice Boedigheimer Head Round Mud Henry Schuster Mud Silver Murphy ---►' Belmont Clitherall Township Nidaros Nidaros Nidaros & Girard Girard Girard Girard Girard Girard Otter Tail & Girard Otter Tail Otter Tail Otter Tail Otter Tail Otter Tail Otter Tail Otter Tail Otter Tail Otter Tail, Rush Lake Otter Tail·& Rush Lake Rush Lake Rush Lake Rush Lake Rush Lake Rush Lake Rush Lake Rush Lake· Perham Perham Perham & Gonnan Gonnan Gonnan Gonnan Leaf Mountain . & Eagle Lake Leaf-Mountain & Eagle Lake Leaf Mountain &_Eagle Lake Leaf Mountain & Eagle Lake • I . ; . Section Classification 28,33 35 · 3,4,10;33,34 2,3,10 4,5,8 7,8,17,18 16,17,20,21 21-23,27 4;33 3,4 13,23,24 15 26,27 28 28,33 EC 33 SC 33- · 1,2,11;35,36 various 8,9,16 .9,10,15,16 r . .-,. •20,21,28,29 -: . 22,27 .. :· 26,27 ,34 - 28,33 29,30 1,i2 5 3,4;34,35. ' 6, 7 ·' NE 34 6 6;1 0 NE 7; 12 18; 13 19;24 NE GD RD NE RD NE NE NE NE NE RD NE NE GD NE GD 'NE GD RD NE RD NE GD NE GD NE NE NE NE ., .. ·NE GD NE NE Leaf Mountain, 6;31;1;36 GD GD NE NE Nidaros, Clitherall & Eagle Lake Nidaros & Clitherall -4-I 6,7;1,10-15, RD 23, 24. BOOK1/-PAGE 393 r .• , . · ·Lake Number Lake Name Township Section Classification ! . , •• 56-239 ·West Battle Nidaros, Girard . ·various GD Everts & Clitherall 56-240 Blanche Girard & Everts 6,7,18;1, RD 11-13 56-241 Annie Battle Girard & Everts 18;19;13--24 RD 56-242 Otter Tail· Otter Tail, Gi~ard, Everts & Amor various GD · 56-243 Marion Rush Lake & Dead 5-8;1,2,11,12 GD Lake 56-244 Alice .Rush Lake &·Dead 30,31;25 NE Lake 56-245 Devils Perham, Gorman 6;31,32;1 GD & Edna I i 56-247 Carroll Hobart & Gorman 6 NE 56-248 Eagle. Lake I 1,12 ·GD 56-251 ---Eagle Lake 8,9 NE 56-252 Middle Eagle Lake 9,16 NE 56-253 Eagle Eagle Lake 10,11,14,15 GD 56-255 Eagle Lake 12,13 NE 56-257 Eagle lake 13, 14 . GD 56-259 Eagle Lake 17,20 GD 56-261 f Eagle Lake EC 20,21 GD 56-263 Eagle Lake 21 GD 56-264 Eagle Lake 21,2,8 GD 56-267 Eagle Lake 24 NE 56-269 Eagle Lake 27' NE 56-270 Eagle Lake ,' ,, .. , , · 2 7 , 34 NE 56-276 Eagle Lake C 31 I' NE 56-283 Eagle Lake & Clitherall 6,31 NE 56-284 . Clitherall 2,11 . NE 56-285 Clitherall 5 NE 56-287 Larson Clitherall SW 7 NE 56.-288 Clitherall 8,9 NE 56-289 Lunde berg Clitherall ·9,10,15,16 NE 56-290 Clitherall 14,22,23 ., .. NE 56-291 Clitherall 17 NE 56-293 Crane . Clitherall 25,26,36 RD .. · 56-294 ---• Clitherall 29 NE 56-295 Pete Clitherall 29 ,30 · NE 56-297 Round Everts 5 RD 56-298 Deer Everts 6,7 RD 56-299 Everts NE 7 GD 56-301 Sunset Everts 13,14 NE .56-302 Silver Everts 17,18,20,21,28,33 RD 56-303 Molly Stark Everts ' ' 23,24 RD 56-304 Everts' 28,29,32,33 GD (• 56-305 Everts 28,33 GD 56-306 Elbow Everts 29,32 NE 56-307 ---Everts 32,33 NE -5- r, '. i . •• · 'Lake Number Lake Name -56-308 56-310 56-311 56-314 56-315 56-317 56-318 56-319 56-320 56-321 56-322 56-324 56-327 56-328 56-329 56-330 56-332 56-334 56-335 56-336 56-337 56-338 . 56-344 56-345 56-348 56-349 56-350 56-351 56-352 56-353 56-355 56-356 56_;357 56-358 56-360 56-361 56-362 56-363 56-364 56-365 56-366 56-368 56-369 56-370 56-371. -· · 56 ... 377 Walker Davies ---. Brown Lily Bolton Tamarack Tee Pine Indian Little McDonald ·. Mink Grunard Wendt Jerry Bacon Paul Moenkedit:k Ceynowa Wolf North Rice Pine Pickeral South.Rice Gray Wimer Fairy Five ·•Scalp Rose Keyes Gertrude Rice Jim Mud Graham Six Jolly Ann South Turtle . I Township Everts Amor Amor Amor Amor Dead Lake Dead Lake Dead Lake Dead Lake· Dead Lake Dead Lake Dead Lake Dead Lake Edna Edna Edna Edna Edna Edna Edna Edna Edna Edna Edna Edna ./ Section Classification WC 33 1,2,11-14 3 22 31,32 2,3,10 3,4 7 9,10 10,14,15 13,14 20,21,28 33,34 2-4,9-11,15,16 4,5 4,5,8,9 5,8 7,18 10, 11,.14, 15 11,12 11-14 12 26 26,2.7 28,29,33 . 28,33 NE Edna Edna Edna , .' ,,· · ... ''·29 RD NE NE NE NE GD NE NE NE NE NE GD GD GD NE GD NE RD NE GD NE GD NE NE NE NE RD NE NE RD NE RD RD RD Edna Hobart Hobart Hobart Hobart Hobart Hobart Hobart Hobart Hobart Hobart, Hobart Hobart Hobart Hobart Eagle Lake & St. Olaf Eagle Lake & i St. Olaf Sverdrup & Tordenskjold -6- 29:...32 . .1·. 32,33 1 3,10 4,8,9 5,8 7,8 various ... 12 12,13 14,23 15,22 17 18 3,4;33,34 5,6,7;31,32 17,18;13,24, 25 19,30;24,25 6;31;1-3,35,36 .!.· GD - GD NE NE RD. NE RD RD NE NE RD. BOOK11--.PAGE39S 7rOOK-1i PA.GEMk I l ' • -. ·Lake Number · 56-378 56-379 56-380 56-381 56-382 56-383 56-384 56-385 56-386 56-387 56-388 56-389 56-390 . 56-391 56-392 56-393 .,. 56-394 56-395 56-396 56-399 56-401 56-402 56-405 56-408 56-409 56-410 56-414 56-415 56-416 56-420 56-421 56-423 56-425 56-426 56-427 56-428 56-429 56-430 Lake Name East Lost North Turtle Mud Twin Dead Pine Star Big McDonald Sybil Long Long Johannes Johnson Sonuner Lacey_ Whitman Vinge Sewell Beebe ---,.. Hanson Gennan Dane Long Fiske Township Everts & Sverdrup Everts & Sverdrup Everts & .Sverdrup Amor & Maine Amor & Maine Maine, Star Lake, Dead Lake & Amor Dead Lake, Dora, Star Lake & Edna Dea,d Lake, Star Section Classificati6n .6,7;1,2,11. RD 12 19,30;23-26,32-NE 35 . 30,31;25 NE. 5-8;12 NE 18,19,30; RD 13,24 various .6;1;31;36 various Lake & Dora Edna & Dora Edna, Hobart, various Dora 5,6;31,32;1, 2,11 & Candor Hobart & Candor Sta Olaf C NE GD RD RD Sta Olaf St. Olaf Sta Olaf St. Olaf St. Olaf various 1,2;35,36 1-3 3,4 4,5 4,5,8,9,17 5,8 ,6 St. Olaf St. Olaf St. Olaf St. Olaf I .. ••••·••,•9 10 15 16 . ,. ' ~ St. Olaf St. Olaf St. Olaf St. Olaf Sta Olaf St. Olaf St. Oiaf Sta Olaf St. Olaf & .Tordenskjold St. Olaf & Tordenskjold Tordenskjold Tordenskjold Tordenskjold Tordenskjold, Tordenskjold Tordenskjold Tordenskjold -7- / 15 .. 16,17,20,21 17,18 20,21 21,22,23 23,26,27,34. 25 29 ' 30 30,31 4;33 5;32 4,5,8,9 6 6,7 7,8 9,16,21 10,11 11,12 ., .J.· RD NE RD NE GD NE GD NE NE NE GD NE NE RD NE NE NE NE ·NE NE GD NE NE GD NE NE GD NE I. I I I I I Lake Number · 56-432 .56-433 56-434 56-435 56-436 56-437 56-438 56-439 56-440 56-441 56-443 56-444 56-445 56-446 56-447 56-448 56-449 56-450 56-452 56-453 56-455 56-456 56-458 56-459 56-460 56-462 56-463 56-465 56-467 -56-470 56-471 56-472 56-473 56-474 56-475 56-476 56-479 56-480 56-481 56-482 56-483 56-484 56-486 56-487 56-489 56-490 56-493 56-495 Lake Name Tamarack Volen· Stalker Steenerson Back Mud Jones Anna Pleasant Little Ann Horseshoe Cro·oked John Onstad Peterson Bray Pickeral Maine ---,., Leon West Lost Sharp• Duck Mud Fernling North Long Round South Long· Township Tordenskjold Tordenskjold Tordenskjold Tordenskjold Tordenskjold Tordenskjold Tordenskjold Tordenskjold Tordenskjold Tordenskjold Tordenskjold & Sverdrup Tordenskjold & Sverdrup Sverdrup Sverdrup Sverdrup Sverdrup Sverdrup Sverdrup Sverdrup Sverdrup Sverdi::up Sverdrup Sverdrup Sverdrup ' / , I Section ,12,13 14,15,22,23 14,23 18,19 26,27 26-29,32-35 29,32 30 31,32 32,33 ·4;33,34 4;33 2,3 3 3,10 4,8,9,16,17. 5-:8 . 5,8 10,15 11 11-14 13 15,21,22 16 Classification NE NE GD NE NE. RD GD GD NE NE NE Sverdrup Sverdrup Sverdrup Sverdrup Sverdrup Sverdrup . . . ,16,17 _,·' .. , ,-. SC 17 NE GD GD NE NE RD NE NE GD NE GD NE GD GD GD GD GD NE GD NE NE GD GD RD NE NE NE NE NE GD Maine Maine Maine Maine Maine Maine Maine .Maine Maine Maine Maine & Star Lake Main & Star Lake Star,Lake Star Lake Star Lak~ Star Lake Star Lake Star Lake -8- 20,21 25,36 29,32 35 3,4,9,10 5,6 6,7 8,9, 10-15 15,16 ., SE 20 33,34 29-33 33,34 . 3 ,4; 33, 34 .}.· 5,6;31-33 NE 6,7 NE 15,16 GD 17~20 NE 18 NE 20 GD 24 . NE BOOKll PAGE391 . I ., ~L~a~k~e~N=um=b~e~r=-----=L=ak~e;:;...:N~am=e=-----~T~own=~sh_i~pr::;_ __ __,;:;S~e~c~t_i_on;;.;..._~c: 1ssification · 56-497 Zorns Star Lake · 28,29 GD ·56-498 Maria Star Lake 28,33 GD 56-499 Moore Star Lake & 5;32 NE ·56-500 56-501 56-502 56-503 56-506 56-507 56-508 56-509 56-511 56-512 56-513 56-514 56-515 56-516 56-517 56-518 56-519 56-520 56-521 56-522 56-523 56-524 56-525 56-526 56-527 56-528 56-532 56-533 56-534 56-537 56-538 56-541 56-547 56-548 56-552 56-553 . 56-555 56-558 56-559 56.;.560 56-561 ·56-562 56-564 McCollum East Spirit · West Spirit Dora Alice Bear William Little Crow Sunfish LewiS- Elbow Shallow Warner East Silent Club West Silent Pleasant Round Loon Cooks Hand ·Tee Leek Ida Schrams Hook Bradbury·· Vergas'. · Coffee Lawrence Fonnoe·.·: Clear .•· Long Jotan Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora Dora , 1 4,5,8,9,16,17 5,6,8 - 7,8 14 15 16 18 . 21 SE 21,22 NE 21,22 26,27 27 27,28 27,32-34 29 ,32 · 31,32 . 33 35 36 Dora & Candor various Dora & Candor 4;33,34 Candor , ,. .. , ,, '2 , 3 I / Candor 5 · Candor 5-7 Candor 7,18 Candor· 9,10,15,16 Candor 10 Candor · 10,15 Candor NW 12 Candor NC ,12 Candor SW 14 Candor 20,21,29 Candor 21 Candor NW 23 Candor 23,26. Candor 25,26 St.Olaf & Tumuli St. Olaf & Tumuli St. Olaf & Tumuli 19;23-26 ,30;25 .,_ St. Olaf & Tumuli 30,31;25,36 St. Olaf Tordenskjold & Dane Prairie 2 31;1;36 31;36 J., NE· RD NE RD NE NE NE NE NE NE NE NE NE NE RD GD RD GD GD RD RD GD NE NE NE NE RD NE NE NE GD NE NE NE NE NE GD RD NE NE NE NE r, . ) ' . Lake Number . 56-567 . 56-569 56-570 56-571 56-572 56-573 56-574 56-575 56-576 56-577 56-578 56-581 56-585 56-587 56-588 56-589 56-590 56-591 56-5.92 56-595 56-596 56-599 56-600 56-601 56-603 56-604 56-605 56-608 56-611 56-612 56-613 56-615 56-616 56-618 56-620 56-621 56-622 56-623 56-625 56-626 56-627 56-629 56-630 56-631 56-633 56-637 56-639 Lake Name Norway Bass Fogard East Red River Long Long_ Big Crow Otter Holbrook ---, Mud Mineral . ' North Ten Mile Alkali Ten Mile Hansel Rose North $tang South Stang Rosvold Indian • I \ .. Township Section Classification Sverdrup & Aurdal 7,18;13 Sverdrup & Aurdal 19,20,29,30; GD RD 24,25 . Sverdrup & Aurdal 31,32;36 GD Maine & Friberg 18;13 'NE Maine & Friberg 18,19;24 GD NE· NE Maine & Friberg 19,30;25 Maine & Friberg 31;25,36 Maine, Star Lake, '6;31;1;36 Friberg & Maplewood NE Dora & Lida , 18; 13 NE NE Dora, Lida & 31;6 Candor Candor Tumuli Tumuli Tumuli Tumuli Tumuli Tumuli Tumuli Tumuli Tumuli Tumuli Tumuli Tumuli & Dunn 6,7;1;12 1 2,3,10,11 4,9 5,6 5-8,17,18 5,8 6 8 NC 10 10,11 13,14,23,24 14 NE NE NE .. Tumuli Tumuli Tumuli Tumuli Tumuli Tumuli Tumuli. ,14, 15 I .' • ., ' ' 16 21 2 2 ' ' '. :•:GD GD NE GD GD GD NE GD GD NE GD NE NE NE GD GD GD RD NE GD GD NE · Tumuli Tumuli Tumuli Tumuli Tumuli & Dane Prairie .Dane Prairie Dane Prairie Dane Prairie Dane Prairie Dane Prairie Dane Prairie Dane,Prairie Dane Prairie' Dane Prairie Dane Prairie Dane Prairie · Dane Prairie -10- 16,17,20~21 17 18 EC 19 _20 ,29 21;27-29,32-34 26,27 26,35 35 ' 4;33 .. .. !.· 2,11,12 NE 4,5 NE 6,7 GD 7, 18 . GD 8 NE 8,9 NE 10,11,14,15 NE 12,13 NE 14 NE 15,16 GD 20,21· NE 21,22,27 NE BOOKF.+ PAGE392 i l I J .. ! I I I I .. ., ' . Lake Number 56-640 . 56-642 ·56.;.643 56-644 56-645 56-647 56-651 56-652 56-655 56-656 56-657 56-658 56-661 56-662 56-663 56-664 56-666 56-668 56-675 . 56-676 56-677 56-679 56-682 56-683 56-684 56-686 56-688 56-689 · 56-690 56-691 56-692 56-693 56-694 56-695 56-696 56-697 56-698 56-699 56-700 56-701 56-702 56-703 56-706 56-708 56-710 56-711 56-712 Lake Name Larson Bromseth Fossan Wall Holtz Mud, Loon Brekke Little South Nelson, Nelson --- Spring Fish Townset Kempfer Heil berger High I,sl~d. Johnson · Evans Big Stone Rice ---. Wolf Sproul Schmidt- West Red River Township Dane Prairie · Dane Prairie Dane Prairie Dane Prairie Dane Prairie Dane Prairie Dane Prairie Dane Prairie Dane Prairie Dane Prairie Dane Prairie & Aurdal Section NW 22 22,23 W23- EC 23 23,24 25,26 27 27,34 33 · 35 1,2;36 Classification NE GD GD GD NE NE NE NE NE NE NE Dane Prairie & 3,4,9,16;33,34 GD Aurdal Aurdal Aurdal Aurdal· Aurdal Aurdal Aurdal Aurdal Aurdal Aurdal Aurdal Aurdal 3 4,9 4,9,10 9,10,15,16 11 . 12 22,23 23,26 23,24 26,35~36 33,34 36 Aurdal Aurdal & Friberg· ,l-3, 10-12; ' I ,,•' 0 .,-\,, 36 Friberg Friberg Friberg · Friberg Friberg Friberg Friberg Friberg Friberg Friberg Friberg _Friberg Friberg Friberg Friberg Friberg Friberg Friberg Friberg Friberg. Friberg Friberg & Maplewood -11- SW 2 · SE 3 C 3 3,4,9 4 SE 5 NC 5 WC '5 10,15 10,15 11 13,14 ,1·_ 13, 14, 23 ,,24 14,15 15,21,22. 16,17 17,18 19,20,29,30 20,21 26,35 27,28,29 l,2;35,36 NE GD GD GD GD NE GD NE GD NE NE NE NE NE GD NE RD NE GD GD GD _,_.· RD NE NE GD NE NE NE GD GD NE NE NE NE GD Lake Number 56-713 .. 56-714 56-716 56-717 56-719 56-720 56-721 56-722 56-723 56-724 56~727 56-728 56-729 56-730 _ 56-731 56-73-2 56-734 56-736 56-737 56-738 56-739 -56-742 56-743 .r, 56-745 56-747 56-749 56-756 56-758 56-759 56-760 56-760A 56-761 56-768 56-770 56-771 56-774 56-779 56-780 56-781 56-782 56-784 56-786 56-788 56-790 Lake Name Leeper Anderson Grass Venstrom. Bass , Grass Beers Fladmark Twenty-one Kepple Wilson Bon Eddy Brackett Crystal Lida Crystal John .. Deadwood Franklin . Lizzie Rush Lizzie I. -' Little Pelican Fish Bass Elbow Chautaugua Swan Hoot Long Pelican . I Township Section Friberg & Maplewood Friberg & Maplewood Friberg & Maplewood 3;34 '3;34 5;32 Maplewood 2,3,10,11 Maplewood 5,8 Maplewood 7,8 Maplewood 8 Maplewood 10,11 Maplewood 10,15 Maplewood 11,14,15 Maplewood 13,14,24 Maplewood 16,21 Maplewood 17-20 Maplewood 31 · Maplewood 22 Maplewood. 22,23 Maplewood 23 Maplewood 24 Maplewood 26 Maplewood 26,35 Maplewood 28,33 Maplewood SW 33 · MaplewQod SE 33 Maplewood 36 Maplewood&_ Lida various Lida 1 .,·' • ·' .,, 2,3,9,10.,11 Lida . 30,31 -. Lida 35 Lida & Dunn various Dunn various Lida various Dunn 1,2,11,12 Dunn 16,17,20 Dunn 17 ' -.,_ Dunn 36 ' Dunn 22 Dane Prairie & 6,7;1 Buse Dane Prairie & Buse 18,19;13,24 Classification NE NE NE NE NE GD NE NE NE NE NE NE NE NE GD NE NE NE NE NE NE NE GD NE GD RD NE NE RD RD NE RD GD GD ., .. NE -NE GD NE Dane Prairie.& Buse 19,20,29-32;24 RD Aurdal & Fergus Falls Friberg & Elizabeth Dunn & Scambler Aastad I Aastad 1 -12- 30;25 -RD 7,18;10-14 RD various GD 1,2,12 NE 3 NE BOOKJ+-PAGE 'I ol _, BO.OK$]_ PAGE_!lil--. ,., '·' ~ ' ... · Lake Number 56-791 56-792 56-797 56-802 56-803 56-804 56-.807 56-810 56-812 56-814 56-815 56-817 56-821 ~6-824 56-828 56-829 56-830 56-833 56-834 - 56-835 56-838 -56-839 56-841 56-843 56-846 56-847 56-848 56-849 -56-851 56-852 56-853 56-854 56-855 56-856 56-858 56-859 56-861 56-862 56-863 56-865 56-868 56-869 56-875 56-876 56-877 56-878 56-879 56-881 56-882 Mud Dayton Pebble Lake Name Horseshoe Iverson John , Wedel ,- Oppennan Reed · Jewett Mason Devils ,. , .,. I • Township Section Classification Aastad Aastad Aastad Aastad Aastad Aastad Aastad Aastad Aastad & Buse Aastad & Buse Buse Buse Buse Buse Buse Buse Buse 5,6 -8 14 . 20 20,29 23,24 29-32 30,31 1;36 3;34 EC 1 2 3-5 7,8,17-20 EC 11 11-14 11,14 15 15,22 NE 16 18, 19 NW 21 21,28 22,27 , 23,25,26 23,26 SW 24,25 ·Buse Buse Buse Buse Buse Buse Buse Buse Buse Buse Buse Buse Buse Buse Buse , ·' · ·• '· SE 24 25 · , I' . 26 · · · Buse Fergus Fall·s Fergus Falls Fergus Falls Fergus Falls Fergus Falls Fergus Falls Fergus Falls Fergus Falls & Elizabeth Elizabeth Elizabeth Elizabeth· Elizabeth Elizabeth. Elizabeth Elizabeth Elizabeth -13- 26,27 26,35 28 36 5-9 12,13 19 · 21,28 22,23 22,27,28 26 6; 31 · 3 7,18 ., 9,10 13,14,23,24 • 14,15 15,16;21-23 20,21 21,22,27,28 NE NE NE GD NE NE NE GD GD NE GD NE NE N~ GD RD NE NE NE GD GD NE GD GD NE GD NE GD NE GD GD GD GD NE NE NE NE NE NE GD GD GD GD NE GD GD NE J GD NE I I I. I ' · Lake Number 56-886 · 56-888 56-892 56-893 56-895 56-896 56-897 56-898 56-901 56-904 56-907 56-909 56-910 56-911 56-912 · 56-915 56-916 56-925 r, 56-926 56-927 56-930 56-931 56-932 56-933 56-934 56-935 56-936 56-937 56-938 56-941 56-942 56-945 56-946 56-950 56-952 56-954 56-957 56-959 56-960 56-962 56-968 56-975 56-976 56-977 56-978 56-979 56-981 Lake Name Horseshoe Fogel berg Sandberg Grandrud Knobel ' ' Halverson Prairie Duck Burton Tamarac Harrison Rankle Businger Seim .Pete Sand Orwell Olaf Grove. Faunce Upper Lightning Rush ' _Fjestad Skogen Marsh Johnson . --- Township Elizabeth Elizabeth Erhards Grove Erhards Grove Erhards Grove Erhards Grove Erhards Grove Erhards Grove Erhards Grove Erhards Grove Erhards Grove Erhards Grove Erhards Grove Erhards Grove Erhards Grove & Pelican Pelican Pelican Scambler Scambler Scambler Scambler Scambler Scambler Scambler 6 , I Section. Classification . NC 28 29,32 1 4 10 11 . 11, 12 12 17,18 20,21 23,24 26,27 29-32 32 5;32 10,11,14,15 Cl2 2 3,4,9,10 5,8 10,11 14,15,22,23,26 15 18 NW 19 GD NE GD NE NE GD NE NE GD GD NE GD NE GD GD Scambler Scambler Scambler Scambler ., .. , ,. ·SE 19 RD GD NE NE GD GD RD NE NE NE NE NE NE GD NE Scambler Scambler Scambler Buse and Orwell Fergus Falls & Carlisle Pelican & Norwegian Grove Pelican, Scambler & Norwegian Grove 19 ,20. . . 20 24 29 35,36 30;24-26 N7;12 -NE NE GD RD 6;31,32;1,2;36 NE 1,12 NE Western Western Western Western 13,14,23-26,36 ·NE 24 NE 25 NE Western C 27,28 NE Orwell 12 NE· Carlisle 2,3,10,11 GD Carlisle 3 GD Carlisle 3,4,9,10 GD Carlisle 3,10 GD Carlisle 10-12 NE . Carlisle -14- 33,34 NE . ,· : BOOK.ll PAGE 1°3 · , Lake Number . 56-982 .r, · 56-983 56-984 56-988 56-992 56-994 56-996 56-997 56-998 56-1000 56-1002 56-1003 56-1005 56-1006 56-1013 56-1014 56-1015· 56-1019 56-1022 56-1026 56-1030 56-1031 56-1033 56-1037 56-1039 56-1040 56-1046 56-1007 . Lake Name Oscar Christopherson Halvorson Moen Hovland Nelson Grena Alfred Gaards Colness Jacobs Annie •Granrud ' I ' ,, . I, r.·· r. l· Township Section. Classification Carlisle & Oscar Oscar Oscar Oscar Oscar Oscar Oscar Oscar Oscar Oscar Oscar Oscar Oscar Oscar & 1 Trondhjem Trondhjem Trondhjem Trondhjem Trondhjem & Norwegian Grove . 3,4;33,34 NE 1 Cl EC 11 14,23,24 20,28,29 10,15 25 25,26 C 29 32,33 35,36 NE 36 ·2;35 23,24 25,26 · SE 28,33 1;35;36 Norwegian Grove 2,3,10,11 Norwegian Grove. 7 Norwegian Grove 10,15. Norwegian Grove NW 11, 12 Norwegian Grove 12 Norwegian Grove 21,28 Norwegian Grov~ .. , ,. ·22,26,27 Norwegian Grove 25 . 1: Norwegi'an Grove 34 Trondhjem 1 -15- ., .}.• NE GD GD GD NE NE NE GD NE GD GD NE GD GD NE NE GD GD GD GD NE NE GD GD NE GD GD GD RIVER Ai',JD STREAM CLASSIFICATION FOR OTTER TAIL COUNTY· All rivers and streams in Otter Tail County having a total drainage area of greater than two square miles are ass_igned a public waters classification of Rivers and Streams (RS), except any officially designated National Wild River or Scenic Waterway or any officially designated trout stream pursuant to Commissioner's Order No. 1777, or any addition thereto, are assigned a public waters classifica- tion of Natural Environment. The following streams are presently designated Natural Environment Streams: Brandbe_rg Creek -S·. 20, 21, 28, 29, 30; T. 133; R. 38 Finn Creek -S. 2, 3, 11; T.134; R 37. S 28, 34; T. 135'; R. 37. Holmstad Creek -S. 7; T.136; R. 37. S.12, 13, 14; T. 136; R. 38. Long Lake Creek S. 7; T. 134; R.42 Rush Lake Creek -S. 23, 26, 27, 28; T. 135; R._38 Spruce Creek -S. 28, 29, 30, 31, 32, 33, 34; T.131; R. 36 Willow Creek -S. 2, 11, 13, 14, 23, 24; T.133; R. 38. S 35; T. 134; R. 38 BOOKiZ. PAGE~o . .s • ·. ,.½.~rJ ~· Nuimiltal . . . ·oact.--~ B,11ntor·--- S1attae--- IDfflDlred -. 5J6~64 6) Office of Register of Oee~a County of Ottertail I hereby certify that the within in:~.z: was filed in this fice for record on t --. . - dat~f , . ·A.-D. 19Zz.:~~_f_ - . I ~ .- COfded in 8v------------I?~ ~ ,(i OJ 0 0 ·" ~ ~ C) rn -{:;. -~ ""lS' Motion was made by Dick Dillon, Seconded by Hub Nordgren and unanimously carried, the following resolution was adopted: Resolved by the Board of County C0mmissioners, Otter Tail County, Minnesota, that Whereas the Otter Tail County Planning Advisory Commission, appointed by the Board of County Commissioners of Otter Tail County, Minnesota has prepared and recommended for acceptance a Sewage Disposal Systems Cleaners Ordinance. Now, therefore Be It Resolved that the Board of County Commissioners of Otter Tail County, Minnesota adopt the attached Sewage Disposal Systems Cleaners Ordinance as modified by the Board, effective as of May 1, 1973. Adopted at Fergus Falls, Minnesota, this 10th day of April, 1973. Board of Commissioners •••••••••••••••••••• Andy Leitch, Chairman Hubert Nordgren Richard Dillon John Snowberg George Walter Planning Advisory Commission ••••••••••••• Robert Fritz, Chairman Donald H. Nelson, Vice-Chairman Wilfred Estes, Secretary Edward Aho Frank Alstadt Charles Beck Arthur Christianson Richard Dillon Charles Malmstrom George Revering Oscar Sorlie Administrator and Administrative Assistant Malcolm K. Lee Effective Date: May 1, 1973 BOOKf 7 PAGE.f'a .~"'J::-';';';~j;{~l»<>lrM-,-~. BOOK Z1 PAGE!f1i SEWAGE DISPOSAL SYSTEMS CLEANERS ORDINANCE I. Title This Ordinance from date of its passage shall be known as Sewage Disposal ·1· Systems Cleaners Ordinance, Otter ail County, Minnesota. II. Purpose The purpose of this ordinance is to regulate the collection and dis- posal of solid and liquid contents of septic tank, cesspools, seepage pits, holding tanks, privies or other disposa]$acilities but not including agricultural livestock wastes;to protect the health,welfare .andgeneral safety of the public and the environ- ment as well as the consumer. III Definitions Disposal Area: Any parcel of land used for the discharge of the contents from sewage disposa1 systems. Permittee: A person, firm or corporation holding a current Otter Tail County issued operating permit for the servicing of sewage disposal systems. Sewage Disposal System: Any receptacle for the collective treatment and storage of human sfitary sewage, either liquid or solid or both, such as septic tanks, cesspools, seepage pits, holding tanks or any other disposal facilities RUt not including agricultural livestock wastes. IV. District Boundaries The boundaries of this ordinance are hereby established as the entire area within the geographic boundaries of Otter 'I'ail County, Minnesota. V. General Hequirements A. Operating Permits 1. No person, firm, or corporation shall engage in the business of ser- vicing sewage disposal systems either free of charge or for revenue purposes without first obtaining an operating permit to carry on such occupation from the County Commiss- ioners and procuring and filing with the County Executive Assistant a bond in the amount of $1,000.00 in the favor of the County and the public conditioned upon the .1:, faithful performance of the contracts and compliance with the Ordinance. o permit is required for an individual to clean and service his ownsewage disposal system pro- vided all other conditions and requirements of this ordinance are me~xcept require- ments of section VB, owner shall submit a letter to Otter Otter Tail County Shore- land Administrator, said letter shall include all information required in Section V C and said letter shall be signed and dated by the owner. Only permittees are allowed to service, clean and pump sewage disposal systems in the Shoreland Use Area. 'l' 2. he annual operating permit fee shall be $10.00. Each operating permit entitles a permittee one vehicle permit number and each additional vehicle owned or under lease by the permit applicant shall be one dollar ~;i.oo) per vehicle. Application for such operating permits shall be made on a form furnished by the County. Operating per permits are issued on a calendar year basis. 3. Before any operating permit issued under the provisions of this sec- tion may be revoked or its renewal refused; the perrnittee shall be given a hearing to show cause wpy such operating permit should not be revoked or refused. Written notice of the time, place and purpose of such a hearing shall be mailed to the permittee. B. Permittee Required Minimum Equipment. 1. Vehicles used for thE: transportation of materials collected 'from sewage disposal systems shall be equipped with a water tight tank or body and shall be main- tained in a clean and sanitary condition. 2.A11 pumps and hose lines shall be maintained so as to prevent leakage. 3. All p11mping uni ts shall have a suction hose of two (2) inches or greater inside diameter. 4. Vehicles used in the business of collecting, tranporting, and dis- posal of contents of sewage disposal systems shall legibly display on both sides of each vehicle the Otter 'l'ail C0 unty Fermi t Number. Heflectorized lettering shall be at least three (3) inches high and one-half(½) inch stroke, and shall be of a color contrasting with surface area color. Preceding the permit number shall be printed "O. T. C. Permit No." 1n addition each vehicle shall contain a cab card issued by the Administrative Assistant. 5. The minimum size tank shall be 500 gallon capacity. c. Required Reports 1. A record of the sewage disposal systems servi(ed shall be maintained by the permittee showing date, name and address of customer, sewage disposal system location within the County, approximate gallons removed,and disposal area where the waste 'l' was discharged. his shall be done, on forms available from the C0 unty at $1.00 per pad of 100. These reports shall be furnished to the Administrative Assistant monthly, even though no sys.terns were serviced. D. Disposal Area 1. Sewage disposal system contents shall not be discharged into ditches • .... watercoureses, lakes, ponds, streams or within Otter ail County shoreland Use areas. It shall not be discharged within 300 feet of a road used by the public. Discharge shall not be allowed in areas where disposal is within four (4) feet from ground water table or faultless rock or bedrock formation exists. 1~0 discharge shall be made 1,..-e within 300 feet of wells or 1,000 feet of a building used for human occupancy. ·n preceding linear footage requirements are not applicable if discharge is made into a municipal sanitary sewage treatment system, provided written permission is granted to permittee by municipality involved. 2. An area of less than five (5) acres where three thousand (3,000) or more gallons per week of sewage disposal system contents is discharged shall be post- ed with not less than four (l+) sighs, readable from four outside directions, facing awaytJfrbmJ.depd,sid : area0• such signs shall be erected on perimeter of area. Sig:n-S!. shall contain "Sewage Disposal Area." Sign lettering shall be not less than two and one-half (2½) inches and three-eights (3/8) inch stroke. Signs shall be posted not lower than three (3) feet from ground surface or higher than six (6) feet from ground surface. Signs shall be erected on posts used exclusively for the sewage disposal area signs. E. Other Legal Requirements This permit shalJ. not release the permittee from any liability or obligation imposed by Minnesota or Federal statutes or local ordinances and above remains in force subject to all conditions and limitations now or hereafter imposed by law. VI. Administration A. Duties of Administrative Assistant The Administrative Assistant or legally appointed representatives shall have all necessary authority to implement and carry out the provisions of this ordin- ance, including but not limited to the following: BQQK f] PAGE-1.~~t SOOKft PAGE~l±& 1. To revi~w and co~sider all operating permit applications and support- ing materials which are referred.to him in applications to the County and consult with the County Board therefore. 2. 'l'o inspect equipment .to insure compliance with this ordinance when necessary. 3. ·1·0 investigate complaints about violations and to recommend legal proceedings where and whe!1 necessary. 4. 'l' o conduct studies, investigations and research relating to matters concerning t}1is ordinance. 5. Keep necessary records. 6. Issue operating permits. 7. To approve or disapprove disposal areas. B. Enforcement and Penalties 1. This ordinance shall be administered and enforced by the Administrative Assistant or legally appointed representative who is hereby designated the enforcing officer. 2. Any person who unlawfully violates any of the terms and provisions of this ordinance shall be charged with a misdemeanor, punispable by a fine of not more than three hundred dollars ($300.00) and-or by imprisonmnent not exceeding ninety (90) days. All fines and violations shall be credited to the General_Revenue Fund. 3. In the event of a violation or a threatened violation of this ord- inance, the County Board and, or the Administrative Assistant, in addition to other remedies may institute apprii:_:priate actions or proceedings to prevent, restrain, correct or abate such violations or threate1red violations, and it shall be the duty of the County Attorney to institute such action. Each'.·twenty-four (24) hour day that a violation continues shall constitute a separate offense. 4. All employees of the Otter 'l'ail County Shore land Management Staff, and Administrative Assistant or their legally appointed representatives, in the per- formance of their duties, shall have free access on all land within the geographic boundaries of Otter '1'ail County, Minnesota at all times. C. Validity If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgement shall not affect any other provision of this ordinance not specifically included in void judgment. Andy Leitch, Chairman Board of County Commissioners Otter Tail County, Minnesota Attest: K. w. Hanson, Clerk BOOK_ ~1-PAGE.i/.L ~ ~ . ~ ·· '"" .,n .. ,f J ·fJld~------• . · . Numd.ut-----· Tract Grant_or _____ _ G_rsntee---~ 0Dmoar11d .-..-~- 516S65 Utfice of Register of Deeoli County of Ottertail ,, I hereby certify that the within instrumen:.. .Nll fil~. · ic. e for record on.the c:26 day of A. D. 19 21, at __ · __ . o'clock . ~--Mrun~ was~y Recorded m 7 SookcfZ; ,.of ~~ »L..11. on P'<lf?~ 8v ____________ o~ ' '':,-.. .- ro 0 0 ~ ~ G) M t \ Motion was made by George Walter, seconded by ~ohn Snowberg and unanimously carried, the following resolution was adopted: Reso~ved by the Board of County Commissioners, Otter Tail County, Minnesota, that Wheras the Otter Tail County Planning Advisory Commission, appointed by the Board of C0unty Commissioners of Otter Tail County, Minnesota, has prepared and recommended for acceptance a Solid Waste Ordinance, Now, therefore Be It Resolved that the Board of County Commissioners of Otter Tail County, Minnesota adopt the following Solid Waste Ordinance as modified by the Board, effective as of May 1, 1973. ,.,,,,.. ✓--A~opted at Fergus Falls, Minnesota, ,·:, .... • i : •. '. 'r •. ,:,-0.J_•, ,r •.·,;.•-,..·;>", .J!' _... • r" ,. ,-:_::.·: • ·-: .,;: I _/' • } I / ,' • _•.·\' ~-= .~ <~~ ,1, •. \?;-:~~~~-,:~~ -~:_:l,'~(,/~:/:':.i:::··:::•:~< ',.,.,·,, Clerk 'I..SOLID WAS'rE ORDINANCE, OTTER TAIL COLINTY, MINNESO'rA Board of Commissioners •••••••••••••••••••• Andy Leitch, Chairman Richard Dillon Hubert Nordgren Johns. Snowberg George Walters Planning Advisory Commission ••••••••••••• Robert Fritz, Chairman Donald H. Nelson, Vice-Chairman Wilfred Estes, Secretary Edward Aho Fr·,nk Alstadt Charles Beck Arthur Christianson Richard Dillon Charles Malmstrom George Reve, ·ing Oscar Sorlie Administrator and Solid Waste Officer Malcolm K. Lee Effective Date: May 1, 1973 BOOK ~l. PAGE!:L!J. PROHBED SOLID WASTE ORDINANCE OTTER TAIL COUNTY, lVITNNESOTA SECTION 1, DEFilJITIONS Unless specif~_cally altered, items and abbreviations used in thiff ·ordinance shall be interpreted in a manner c·onsistent· with MinnesotaStatutes, 1971, Chapters 115, 116 and 400 and regulations of the Agency,_ which have been or hereafter may be adopted under those provisions. Terms and abbreviations_used herein which are not specifically de-\'.--ined by law shall be con s:trued in accordance with the content and pro- fessional usage. Subd.l."Agency" means the Minnesota Pollution Control Agency. Subd.:2• "County" means any Department or representative of the county who is authorized by this ordinance or otherwise by the County Board to represent the County of Otter Tail in the envorcement or adminis.tration of this ordinance. Subd. 3. "Cover Mctterial" is generally soil, which is used to cover compacted solid waste in a sanitary landfill, is generally free of large ofjects that would hinder compaction and is free of'organic content that would be conducive to vector harborage, feeding or breeding. Subd. 4. "Garbage" means material resulting from the handling, process- ing, storage, (except composts consisting of leaves and grass clipings), preparation, serving, and consumption of food. Subd. 5. "Incineration" means the process by which solid wastes are burned for the purpose of volume and weight reduction in facilities designed for such use. Subd. 6. "Reprocessing Stat_ion" means a facility for the reduction, recycling, or processing of solid waste prior to final disposal. Subd. 7. "Land pollution" means the presence in or on the land of any solid waste in such quantity, of such nature or duration, and under such conditions as would affect injuriously any waters of the state, create air contaminants or cause air pollution. Subd. 8. "Licensee" means a person who has been issued a license by- the County Board for solid waste management purposes pursuant to this Ordinance. Subd. 9. "Operation" means any site, facility, or activity relating to s9lid waste management. -_ Subd. 10. "Person" means any human being, any 'municipalj_;ty, or any other governmental or political subdivision or public agency, any public or private cor- poration, 'any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative or any of the foregoing, or any other legal entity. Subd. 11. "Putrescible Material" means solid waste which is capable of be~-'.- coming rotten or which may reach a foul state of decay or decomposition. Subd. 12. "Refuse" rpeans putrescible and non-putrescible solid wastes, including but not limited to, garbage, rubbich, ashes, incinerator ash, incinerator re- sidue, street cleanings, market and industrial solid wastes, and sewage treatment wastes which are in dry form. Subd. 13. "Sanitary Landfill" means an area of land which is or could be used for the disposal of solid waste without creating hazards to the public health o;1'.'safety, or public nuisance, to confine the solid waste to the smallest practical volume, and to cover it with cover materal as often as necessary. Subd.14. "Shoreland" means land located within jurisdiction of use area as defined in current Otter Tail County Shoreland Management Ordinance. Subd. 15. "Solid Waste" means garbage, refuse, and other discarded solid materials, except animal waste used as fertilizer, inc1uding solid waste materials resulting from industrial, commercial, agricultural operations, and community activities., but does not include earthen fill, boulders, rock and other materials normally handled in construction operations, solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved material in dom- estic sewage or other significant pollutants in water resources, such as silt, dissolv- ed or wastewater effluent, dissolved materials, suspended solids in irrigation return flows, or other common water pollutants. Subd. 16. "Solid Waste Management" means the storage, collection and removal of solid waste from public and private property, its transportation to inter- mediate or final disposal facilities and its disposal by approved methods. Subd. 17. "Toxic or Hazardous Wastes" means substances, whether in liquid, gaseous, or solid form, which when collected, stored, transported or disposed of, may b~~cutely tozic to human or other animals, or plant life, or be directly damaging to property including, but not limited to pesticides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar noxious substnces. Subd. 18. "Collection Station" means an intermediate solid waste dis- posal facility whether fixed or mobile, in which solid waste collected from any source is temporarily deposited to await transportation to the final disposal site or facility. Subd. 19. "Water Pollution'' means the contamination of any waters of the state so as to create a nuisance or render such waters unclean, obnoxious or im- pure, so as to be actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic, commercial or industrial use, or to an- imals, birds, fish or other aquatic life. Subd. 20. "Waters of the St8.te" means all streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, and all other bodies or accumulations of water, surface or underground, natural or art- ificial public or private, which are contained within, flow through or border upon the state or any portion thereof. SECTION II. GENERAL PROVISIONS Subd. 1. No persons shall cause, permit, or allow his land or property under his control to be used for solid waste management purposes, except as an operation for which a license has been granted by Otter Tail County Board, unless otherwise pro- vided by this ordinance. A license shall not be required under this ordinance for any site used for the disposal of solid waste from only a single family or household, a member of which is the owner, occupant or lessee'of the property, but such site shall be operated and maintained in a nuisance-free and aesthetic manner consistent with the intent of this ordinance and shall be at least 1,000 feet from a road used by the public or screened from view if less than 1,000 feet from a road used by the public. Subd. 2. Any operation to be used for any method of solid waste manage- ment not otherwise provided for in this ordinance must be licensed by the County Board before operation may commence. The license application shall include sets of complete plans, specifications, design data, ultimate land use plan, if applicable, and proposed operating procedures. Where applicable, the applicant shall procure and accompany the application with a proper zoning permit if required by the Township where landfill is to be located. BQQK YJ PAGE~ BOOKft PAGEJLL~ Subd. 3. Applications for a license to operate a ,s'.3-ni tary landfill or engage in the business of collection and transporting solid waste shall be made in writing upon printed blank forms furnished by Otter Tail County Solid Waste Officer and shall be signed by the applicant._ Subd. 1. After receiving an application for an operating license the County Solid Waste Officer shall refer the application to the Otter Tail County Board with.his recommendations. If an Application is deriied a license, the applicant shall be notified in writing of the re'sons therefore by the Otter Tail County Board. Subd. 5. Ti,e Otter Tail County Board shall refuse to issue a license for any operation which is inconsistent with the County's long range objectives. Subd. 6. Unless otherwise provided by the County Board, issuance of any license pursuant to the provisions of this ordinance shall be contingent upon the applicant furnishing to the County a bond in a amount to be set by the County Board and naming the County as obligee with sufficient sureties duly licensed and authorized to transact business in the State of Minnesota as sureties. 1'he condition of such ·bond shall be that if the principal fails to comply.with any of the requirements or fails to perform any of the acts required of an -.operation or ceases to operate or abandons the operation, and the County is required to expend any monies or expend any lapor or material to restore the operation to .a condition in compliance with this ordinance, the obligor and the sureties on its bond shall reimburse the County for any and all expenses incurred to remedy failure to the principal to comply with the terms of the ordinance, and the obligor and its sureties will indemnify and save the County harm- less from all losses, costs and charges that may accrue to the County because of any default of the obligor under the terms of his license to operate in compliance to the terms of the ordinances of the County. Subd. 7. Jn addition to the bond to be furnished, the licensee shall furnish to the County certificates of insurance issued by insurers duly licensed with- in the State of Minnesota covering public liability i'i:iurance, Workmen's Compensation Insurance, including general liability, automobile liability, loading and unloading, completed operations liability, bodily injury liability in an amount of at least $25,000 dollars for injury or death of any on~person in any one occurrence and aggregate bodily liability in an amount of at least $50,000 dollars for injuries or death aris- ing out of any one accurrence. Proper\-damage"t-iability shall be furnished in an amount of at least $25,000 dollars for any one occurrence and in the unencumbered aggregate amount of at least $50,000. Subd. 8. Any license granted by the County Board under the provisions of this ordinance may be suspended at any time for noncompliance with the provisions of this ordinance or applicable state laws and regulations, or upon written notification by the Solid Waste·.· Officer, that _the continued use of the operation may endanger the the heal th, welfare or safety .. of the public or may cause pollution or impairment of the environment. The notice of.suspension may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. A copy thereof shall be provided to the County Board. A license may be revoked only after the County Board has held a public hearing at which the licensee and other persons wish- ing to be heard concerning use of the operation shall have the right to be heard. The date of the hearing for license revocation shall be set by the County Board and shall not be held earlier than ten calendar days after notice of said hearing was mailed to the licensee. If, pursuant, to said hearing, the County Board shall determine tha·t the operation has been conducted in violation of this ordinance, the Board may revoke the license or continue such suspension in effect until the operator has demonstrated that full compliance with the ordinance has been attained and that such compliance will be continued in the foreseeable future. Subd. 9. All permits issued under this ordinance are permissive only and shall not release the permittee from any liability or obligation imposed by. Minnesota Statutes, Federal Law, or local Ordinance~elating thereto. Subd. 10. Routine inspection the evaluation of an operation shall be made by the Solid Waste Officer at such frequency as to insure consistent compliance by the operation with the provisions of this ordinance. The licensee shall be provided with a written inspection report containing a precise description of any deficiencies, recommendations for the correction and the date when the corrections shall be accomplised. The licensee shall be required to allow free13-ccess to authorized representatives of the County, the County Board, the Agency, or to the authorized representatives of any other governmental agency at any time for the purpose of making such inspections as may be necessary to determine compliance with the requirements of this ordinance, or any other applicable statute, ordinance or regulations. The Solid Waste Officer shall have all necessary authority to implement and carry out the provisions of this ordinance, including, but not limited to, the following: (a) To review and consider all lj_cense applications and supporting'mat- erials which are referred to him for operations within the County, and after consideration, to recommend in writing with documentation to the County Board that a license may be granted or denied. (b) To inspect operations to determine compliance with this ordinance and to investigate complaints about violations of this ordinance. (c) · To recommend that legal proceedings be initiated against a person to compel compliance with the provisions of this ordinance or to abate or control an operation not in compliance ¼~th this ordinance. (d) To encourage and conduct studies, investigations and research re- lating to aspects of solid waste management, including, but not limited to,methodology, chemical and physical consideration, and engineering. (e) To advise, consult, and cooperate with the public and other govern- mental agencies in futherance of the purpose of this ordinance. SECTION IV. SOLID WASTE STORhGE Subd. 1. The owner, lessee~<arid occupant of any premises, business estab- lis~.ment or industry shall be responsible for the satisfactory storage of all solid waste accumulated at that premise, business establishment or industry. No building, structure, area, or premise shall be constructed or maintained for human occupancy use or assembly without adequate facilities for sanitary and safe storage, collection, transportation and disposal of all solid wastes. Subd. 2. Putrescible waste, including, but not limited to garbage shall be stored in: (~) durable, rust~resistant, nonabsorbant, water-tight, rodent~proof, and easily cleanable 1:ontainers, with close-fitting, fly-tight covers having adequate handles to facilitate handling; or (b) other types of containers acceptable to the solid waste collection service, COl)lply with Agency regulations, and approved by the Solid Waste Officer. The size and allowable ·.weight:· of 'the containers acceptable to the solid waste collection service, comply with Agrmcy regulations, anj-approvecl._P:t,,::-1~,E:)-Solid Waste Office •''"Q I I BOOK i/t PAGEiif The size and allowable weight of the containers may be determined by the solid waste col l-,.0' ection service as approved by the Solid Wa~1te Officer. Subd. 3. Solid Waste shall be stored in durable containers or as other- wise provided in this ordinance. Where putrescible wastes are stored in combination with non-putrescible wastes, containers for the storage of the mixture shall meet re- quirements for non-putresicible waste containers. Subd. 4. Toxic or hazardous wastes shall be stored in durable, leak-proof containers which are labeled with a description of the chemical composition of the sub- stance stored therein. Such wastes shall be stored in a safe location and incompliance with the requirements of Agency regulations-and this ordinance. Subd. 5. All containers for the storage of solid waste shall be main- tained in such a manner as to prevent the creation of a nuisance or unsanitary con- dition. Subd. 6. Solid Waste objects:.or materials too large or otherwise unsui t- able for storage containers shall be stored in a manner which is pollution-free, nuis- ance-free and satisfactory to the Solid Waste Officer. Subd. 7. Solid wastes shall not be stored on public or private property for more than two (2) weeks without the written approval of the Solid Waste Officer. Subd. 8. Composts consisting of leaves and grass clippings are permissable. Subd. 9. Discarded refrigerators and deep freezers shall have the doors removed. SECTION V. COLLEC'rION .AND TR.A.1"\JSFORT/\.'l'ION OF SOLID WASTES Subd. 1. Unless otherwise provided in these regulations, the owner, lessee, and occcupancy of any premises, business establishment or industry and the solid waste collection service which is reponsible for the collection and transport- ation of solid waste from the premises, establishment or industry, shall collect and remove all solid waste accumulated at the premise, business establishment or industry and transport it to an operatj_on for which a perrni t has been issued by the Agency and the County. Subd. 2. Vehicles or containers used for the collection and transport- ation of·garbage and other putrescible wastes, or solid waste containing such materials, shall be covered, leakpro6f, durable and of easily cleanable construction. 'l'hese shall be cleaned to prevent nuisances, pollution or insect breeding, and shall be main- tained in good repair. Subd. 3. Vehicles or containers used for the collection and transportat- ion of any solid waste shall be loaded and moved in such a manner that the content will not fall, leak or spill therefrom, and shall be covered to prevent blowing of material, Where spillage does occur, the material shall be picked up immediately by the solid waste collector or transporter and returned to the vehicles or container and the area properly cleaned. Subd. 4. Vehicles and containers used for the collection and transportat- ion of toxic or hazardous wastes shall be durable, enclosed and leakproof and shall be constructed, loaded, transported and unloaded in a safe, sanitary and nusia.nce-free manner. Subd. 5. Vehicles used in the collection and transportation of solid T C waste shall legibly display on both sides of each vehicle, the Otter ail oun~y Fermi t Number. Lettering shall be reflectorized, at least three ( 3) inches high and . __ ,. • and one-half{½) inch stroke, and shall be of a color contrasting with the surface-area color. Preceding the permit number shall be printed "O.T.C." In addition each vehicle shall contain a c.ab card issued by the solid waste officer. Subd. 6. 'l'he County Board shall issue licenses for the collecting, and hauling of solid waste for hire, upon compliance with the following requirements: (a) Solid Waste disposed of inOtter Tail County Shall have a permit from the Agenc_y and a license from the County, {b) Submission of specifications of all vehicles to be used for solid waste collection and transportation. Such vehicles shall have leakproof bodies of easily cleanable construction, completely covered with metal or heavy canvas, and shall be sub- ject to approval and periodic inspection by the Solid Waste Officer. {c) Submission to the County Solid Waste Officer of the schedule of charges for the hauling of solid waste to be made by the licensee. SECTION VI SOLID WASTE DISPOSAL BY SA1'UTARY LANDFILL Subd. 1.· Sanitary landfill shall be method of disposal. {a) Landfill may be either of the following: ( 1) 'l'rench method (2) Area method Subd. 2. Sanitary landfill working area or immediate:.area shall be fenced with at least five (5) foot chicken type wire fence. of not more than one and one-quarter (1¼) inch mesh. Subd. 3. Exposed refuse shall be covered with suitable cover as often as directed by County Solid Waste Officer. 'l' S_ubd. 4. he bottom of disposal trenches or area, for area method, shall bi.' not less than four (4) feet above the highest known or calculated water table or the surface of faulty rock or bedrock formations. Subd. 5. A separate toxic pit or area suitable for temporary storage of toxic shall be provided. (a) Landfills utilizing the temporary toxic Storage area method shall submit a written report for approval to the County Solid Waste Officer. Such report shall state where 'toxic shall be disposed of and indicate frequency of disposal • .... Subd. 6. No sanitary landfill shall be permitted within one mile of a ,, municipal water intake, or municipal well • .,. Subd. 7. A minimum sepparating distance of twenty (20) feet shall be maintair ed between the disposal operation and the adjacent property line. Subd. 8. All hospital surgical and contagious wastes shall be disposed of by incineration. Subd. 9. All scattered material resulting from the operation of landfill shall be collected and disposed of in the working area daily. Subd. 10. Surface water drainage shall be directed away from or around working area. Subd. 11 Rodents and insects shall be controlled. Subd. 12. Owner-operator shall control salvage in a nuisance-free manner. Salvaged material:shall be removed from premises daily. Subd. 13. An attendant shall be on duty at all times while the landfill is open for public use. Subd. 14. The finished surface of the filled area shall be covered with at least two feet of material, 6 inches of which is top soil and seeded with suitable vegetation plus suitable cover mate~"ial such as hay or straw to prevent erosion. BOOK 17 PAGE }f'.'41 BOOK 21· PAGE }PP;!) Subd. 15. Sanitary landfills are prohibited in shoreland use areas. SECTION VII. INCINERATION OF SOLID WASTE Subd. 1. 1ncineration of solid waste is permitted provided all re- quirements of SW 7 are met. SECTION VIII. SOLID WASTE COLLECTION STATIONS .~ Subd. 1 o collection station shall be constructed, established, maintained or operated unless a license therefor shall have been first obtained from the County Board. Where the location of the proposed operation is consistent with the County Solid Waste Mana1~ement objectives, the County Board shail issue a license for the operation upon ts approval of the construction plans and specifications de- cribing the operation proposed to be construqted. In addition to said plans and specifications, the application for a license shall contain the following information: (see Section IX on Presentation Material) Subd. 2 A collection station facility shall be constructed, operated and maintained in compliance with the following requirements: (a) A sig·n-1. shall be posted on the premises indicating the name of the operation, copy of the County license, the days and hours during wfu±ch it is open to the public, and user charges, if any. The sign shall be approved by the Solid Waste Officer. (b) The premises shall be constructed and landscaped in such a manner as to be asesthetically pleasing in appearance. (c) The operation shall be so situated, .equipped, operated and manintained as to minimize interference with other activities in the area. (d) All solid waste shall be removed from the operation as per license agreement. (e) The premises, entrances and exits shall be maintained in a clean, neat and orderly manner at all times. \f) All loading and unloading of solid wa:,te from contributing vehicles and storage area shall be conducted is such a manner as to eliminate odor and litter outside the facility. SECTION IX PRESENTATION REQUIREMENTS Subd •. 1. Sanitary Lanfills and Collection Station (a) Plat plan prepared by Minnesota Registered Land Surveyor, Civil Engineer or Architect. 1. Scale: One inch equals not more than 200 feet. 2. Identification and Description a. Proposed name of facility. b. Location by section, town, range or by other identifying descript- ion including township: :·1ame. c. Names and addresses of the owner. d. Graphic scale. e. North Point. f. Date of Preparat:i.on. 3. Existing conditions in tract and in surrounding area to a distance of one thousand ( l;;iO0O) feet. a. Boundary line of proposed facility, clearly indicated. b. Total acreage. c. Platted roads, right-of-way and utility easements. d. Boundary lines and ownership of adjoining property. e. Sewers~ water mains, culverts or other underground facilities. f. Permanent buildings and structures. g. Lakes, water courses and marsh areas and such other information as contours at vertical intervals of not more than ten (10) feet. All elevation data shall be mean-sea level or some other assumed workable datum. 4. Facility Design,·1Features a. Layout and width o~roposed road and utility easements showing buffer zone boundaries, trees and screening areas and proposed location of trenches and fill areas including location of toxic pit if applicable or temporary toxic storage area. b. Drainage plans shall be shown on a copy of the contour map. SECTION X. OPEN BURNING Subd. 1 Townships of less than 2500 population may open burn vegetable fiber refuse originating from single family dwelling units except in those areas of such townships having a housing density of more than 100 homes per square mile. SECTION XI. PERMIT FEES SECTION XII. All permits are issued on a calender year basis. Subd. 1. Collection Stations, $10.00 Subd. 2. Collection and Transportation, $10.00 + $1.00 for each vehicle. Subd. 3. Commercial Incinerators, $10.00 CLOSING OF OPEN DUMPS Subd. 1. Publicly ovmed open dumps shall be closed when approved sanitary landfills are in operation in the area to be served·by the approved sanitary '.landfill. Subd. 2. Requirements for closing. (a) Rats eradicated (b) Burning stopped (c) Water pollution corrected (d) Access prohibited (e) Site has been covered',-with tw.o feet of earthen material of which the top 6 inches shall be top soil (f) Area has been seeded with native grasses (g) Site closing report has been filed with Otter Tail Waste Officer (h) Otter Tail County Solid Waste Officer shall inspect and approve site closing report(i) Notice of Dump C1osing~:shall be published at least 3 times in news- paper serving the area as well as at least once in the official County daily newspaper which is the Fergus Falls Daily Journal. ( j) The Otter '11ail County S0 lid Waste Officer shall notify the Minnesota Pollution Control Agency that the open dump has been closed and furnish MPCA with a . ..,, copy of Dump Closing report. 800.K fl_P/AGE4z,~J SECTION XIII ENFORCEMENT AND PENALTIES Subd. 1. This ordinance shall be administered and enforced by the Solid Waste Officer who is hereby designated the enforcing officer. Subd. 2. Any person who unlawfully violates any of the terms and provisions of this Ordinance shall be charged with a misdemea~or, punishable by a fine of not more than three hundred dollars ($300.00) and-or by imprisonment not exceeding ninety (90) days. All fines and violations shall be credited to the General Revenue Fund. Subd. 3. In the event bf a violation or a threatened violation of this ordinance the County Board and, or the Solid Waste Officer, in addition to other re- .· · d · to prevent restrain, correct medies may institute appropriate actions or_-:1rocee ings ' or abate such violations or threatened violations, and it shall be the duty of the County Attorney to institute such'action. Each twenty-four (24) hour day that a violation continues shall constitute-a separate offense. Subd. 4. All employees of the. Otter Tail-County Shoreland Management staff, and Solid Waste staff or their legally appointed representatives in the per- formance of their duties, shall have free access on all land within the geographic boundaries of Otter Tail County, Minnesota. SECTION XIV Subd. 1. Nothing in this ordinance shall preclude any local unit of gov- ernment from adopting more strict regulations than this ordinance. SEcrrroN XV. Subd. 1. If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgement shall not affect any other provision of this ordinance not specifically included in void judgement. Andy Leitch, Chairman OBoardTof1Ceuntv Commissioners ~ter ai oun~y, Minnesota Attest: K.W. Hanson, Clerk • ~ 51656~· ,;_Mi) ttumo1!.UI' · - Tract----- Gr11ntor · Gr,nt..ie-- _, C!)fflDlltlit\ _.:.--· Office _of Register of De~r. · County cif Ottertail· ".:..-. (hereby certify that -the within instru~~ .,., fil~. · ice for record 0n. t~~-.--a _ :ff"~ day of A. D. 19~, at-.---- o'clo, ' "'' ------------Dei:nw ~ Upon motion made by George Walter, seconded by Hub Nordgren and unanimously carried, the followi_ng applications: for homestead classification and/or reduction of assessed valuations were approved: Larry Highd.ale Jeffrey Johnson Adolph Harthun Byron E. Gerber Lawrence M. Jones Bertha M. Mortenson Mamie Swanson Duane Lee Axel Loiya LeRoy Nelson S. R. DeJo_ng Leaf Mountain Township Amor Township Dane Prairie Township Deer Creek Township Dunn Township Elizabeth Township Everts Township Nidaros Township'· Rush Lake Township Clitherall Village Perh~m Township Church of the Luth. Breth. Fergus Falls Township Trinity Luth. Church Pelican Rapids ViUage Ruth O' Br_ight Samuels Star Lake Township United State_s of America Norwegian Grove Twp. ViUage of Underwood Underwood ViUage Land-0-Lakes Vergas Village Geo_rge Witt Parkers Prairie Township Leo Molony Dora Township Homestead classification Homestead classification Homestead classification Homestead classification Homestead classification Homestead classification Homestead classification Homestead classification Homestead classification Homestead classification Over valued Should be tax exempt Should be tax exempt Wrong classification Should be tax exempt Should be tax exempt Part of property sold to village should be tax exempt Assessed for buildings not there Mobile home on plates The following subject to approval by State Tax Department: James B. Marty Clifton Haukebo Norwegian Grove Twp. Underwood Village Land values over assessed Property overvalued Upon· motion made by John Snow berg, seconded by· Richard Dillon and unanimously carried, the meeting adjourned until 9:30 A.M., April 11th, 1973. WEDNESDAY'S SESSION Pursuant to adjournment, the Board of County Commissiners of Otter Tail County met at 9:30 A.M., Wednesday, April 11th, 1973, all members present. Motion was made by George Walter, seconded by Richard Di Uon and unanimously carried, to adjust the assessment of Juniper Hills properties for the tax of 1973. Motion was made by Andy Leitch, seconded.by Hub Nol'.dgren and unani- mously carried, to authorize a wide approach to County Highway #29, on the Jerry Enderson property in Section 12 of Buse Township, to eliminate the hazzardous condition of semi-trucks blocki_ng the highway when backing into cattle loading area. Motion was made by Hub Nordgren, seconded by George Walter and unani- mously carried, to approve the work completed by the Housing and Redevelopment Authority of Otter Tail County and authorize said authority to proceed with the next phase, with necessary expenses involved to be paid for by the County. Motion was made by John Snowberg, seconded by George Walter and unanimously carried, to grant an appropriation·of $6,500 each, to the East Otter Tail County Fair Association and the West Otter Tail County Fair Association, for the year 1973. Motion was made by Hub Nordgren, seconded by Richard Dillon and unanimously carried, to approve the application of Melvin Kirckof for sewage dis- posal installer's license. Motion was made by Richard Dillon, seconded by John Snowberg and unanimously carried, to authorize the payment of $500.00 to International Harvester Company, Fergus Falls, Minnesota, for the purchase of used International Travelall, with trade-in of International Scout. Motion was made by Andy· Leitch, seconded by Richard Dillonand unani- mously carried, to accept the split of.three lots out of joint ownership parcel in Section 14 -132 -40. Upon· motion· made by John Snowberg, seconded by Richard Dillon and unanimously carried, the followi_ng resolution was adopted: RESOLVED by the Board of.County Commissioners of Otter Tail County Minnesota, that WHEREAS Minn. Statutes 387.212 allows· the board ·of county commissioners to create a sheriff's contingent fund and credit thereto not more than $1,000, to said fund, NOW, THEREFORE, BE IT HEREBY RESOLVED that the County Auditor be hereby authorized to transfer the sum of'$SOO.OO from County Revenue into the Sheriff's Contingency Fund. Adopted at Fergus Falls, Minnesota this 11th day of April, 1973. Clerk Upon motion made by Andy Leitch, seconded by Hub .Nordgren ~d carried, Geo::,~.lfa:I.tert·;voti_ngf::go,;:,the followi_ng resolut~on · was adopted: RESOLVED by the Board of County Commissioners of Otter ·rail County Minnesota, that Otter Tail County be. granted special legislation to have the _ position of County Attorney be an appointed full-time position, effective January 1, 1975. Adopted at fergus Falls, Minnesota this 11th day of April, 1973 . . ' . ~· '. ~~ ATTEST~ Clerk Upon motion·made by George Walter, seconded by John Snowberg and unanimously carried~ the following resolution was adopted: RESOLVED by the· Board of ·County Commissioners of Otter Tail County Minnesota, that WHEREAS it is the· opinion of.this Board retirement penefits under the present Public Employees Retirement Association laws, do not meet the minimum needs of employees, and WHEREAS it is the feeli_ng of the· Board of· Cotinty Commissioners of Otter Tail County that l_egislation · should be enacted to· update the benefits of Public Employees Retirement Associaton benefits, NOW, THEREFORE BE IT HEREBY ?-ESOLVED, the· Board of County Commissioners of Otter Tail County Minnesota request :Iegi:slative support of Senate File #1615 and House File #1673. Dated at Fergus Falls, Minnesota this 11th day of April, 1973. ATIEST: Clerk I Upon motion made by George Walter, seconded by Richard Dillon and unanimously carried; the following applications for beer license were approved: Charles L. Lovell Donald V. Evenson Bruce Blaeser Fred L. Evans Morris G. Anderson Thomas J. Mullen Melvin Kirckof Reinhold Koehn,.: ' -Duane Donley Stephen G. Kunz Paul C. Anderson E.G. Andresen Joseph M. Biltz Arnold Hemquist Gerald T. Anderson Herb Christensen~ Sr. Kenneth Van Tassel Allen D. Hanson Leonard F. Boedigheimer Elmer C. Anderson LeRoy R. Atkinson Lynn J. Rhodes Charles Malmstrom· Ernest G. Jo_nge Hng Wilmar Roberts · Donald Van Gerpen Albert Weile.r Norman Craig flo,yd Collins Millicent Chartraw Kenneth Hunter Heyes Resort Pleasure Park Resort Ottertail Beach Resort Olson's Resort & Trailer Park Maple Beach Resort Sandy Point Resort Rest and Reel Resort . Donley's Sunrise Resort Rocky's Resort Perry's Place Misquito Heights Sunset Beach Resort Balmoral Golf Course Chalet Chanticleer Balrnoral 131 Club Greenwood Resort Hanson's Store Perham Lakeside Country Mike & Ewa's Fort Thunder Graystone Lodge Madsen '.s Resort Deer Lake Resort Red Eye Tavern Club Retail Groc. & Gas Jones Landing "78" Club Collin's Landing Ki.ngswood Resort Wagon.Wheel Resort Otter Tail Township I Otter Tail Township ·otter Tail Township Perham Township Dunn Township Lida Township Leaf Lake Township Everts Townsh~p Dead Lake Township Dora Township Dora Township Pine Lake Township Pine Lake Township Otter Tail Township Otter Tail Township Otter Tail Township Otter Tail Township Otter Tail Township Perham Township . Dunn Township Perham Township Everts Township Everts Township Butler Township Fribert Township Pine Lake Township Girard Township Star Lake Township Star Lake Township Otto Township Harlan H. Ebb_ighausen Marvin E. Anderson Jon A. Anderson Walter P. Klein Blaine Brincefield Raymond Pfeifle Kenneth Wickland Arvid Tenney Leonard Saewert Adrian Wes te_rgard The Red Hut Wee Town Resort Jon's Hamburger Hollow· . . Klein's Resort Jungle Shores Resort · Loghaven Resort Wickland's Resort Hi-Way _Park Store Leonard's Resort Last Resort Sverdrup Township Fribert Township Pine Lake Township Rush Lake Township Corliss Township Lida Township Star Lake Township Elmo Township . Corliss Township Elizabeth Township Upon motion made by Richard Dillon~ seconded by Hub Nordgren and unanimously carried, the following applications for dance permit were approved: Fred Evans Norman Cr8:ig Arvid 'fenney Adrian. Weste_rg~rd Floyd Collins Babe's Resort ·111~11 Club Hi-Way Park Store Last Resort Collins Landing Perham, Township Girard Township , l Elmo Township Elizabeth Township Star Lake Township Motion_ was made-by George Walter·, seconded b_y Richard Dillon and unanimously carried, to approve the application:for county on sale intoxicating liquor license of Charles E. Hunter, Colonial Motel & Supper Club, Perham, Minnesota. I Upon motion made by George Walter, seconded by Richard Dillon and unanimously carried, the following bills were allowed: SHERIFF Carlton:E Mortensen Carlton E Mortensen R.E. Kausler ·-· Kenneth Gathman, Sheriff Service Oil Co Dave's Standard Big Chief Texaco Service Oil Co RoBo Car Wash Perham Co-op Oil Erickson Holiday Jim's Interstate Standard Dave's Standard Service Fergus Dodge Inc. Minnesota Motors West Central Airways Les' Tires Poucher Printing & Lithe North Uhion Texaco Goodyear Tire & Rubber Identi-Kit Company Empire Business Machines Victor Lundeen & Co Johnson' Furniture General Trading The Photo Ceriter Lake Region Hospital Fergus Falls Med. Group Breckenridge Clinic Alfred Schneider Esther Mortensen Martin Vanderbe~g Robert Karst R.L. Witter M.D. Uniforms Unlimited Becker Co Douglas Co. Clay Co. Clay Co. COMMISSIONERS Andy Leitch A. Hubert Nordgren John Snowberg Richard Dillon George Walter Jeff ·rikkanen Rodney Flatau Myron Mfg. Co Kenneth Clambey Arthur Boehne Spencer Lundquist Michael Marks Victor Lundeen & Co E.O.T. SOIL & WATER . WEED & SEED. INSP. PROBATION & PAROLE 276.39 56.02 384.63 45.00 98.43 85.43 42.04 58.01 143.58 218~34 13L05 30.13 12.54 138.00 133.67· 6.17 3.00 '24.88 23.80 335.22 180.00 25.00 186.75 4.02 3~.11 20.16 10.00 36.00 58.00 100.00 50.00 3.64 20.50 12.00 48.85 276.00 181.50 251.50 45.50 30.30 66.30 9.50 1~9;88 6.60 4.oo 24~63 100.84 220.84 235.39 56.95 151.40 COUNTY COURT Elliot Boe Olivetti Corp. Victor Lundeen & Co The Photo Center Xerox Corp. Coopers Office Supply Poucher Printing & Lithe Co Oswald Publishing Village of Perh1¥Il VETERANS SERVICE Marvin Klicker Roger Bengtson Fergus Bodge Inc. Goodyear Tire Service Victor Lundeen & Co R.L. Polk & Co Lynn Card Co ASSESSOR Erwin Siems Eugene Davenport John Skramstad SHORELAND James Johnson _Fergus Falls Jr. College Melrose Motor Co Dave's Standard Fossen Oil Co Cooper's Office Supply Victor Lundeen & Co Mehdi Orandi M.D. Marjean Hanson Jay Kevern M.D. Earl Bigler M.D. CORONER MISC. EXPENSES Johnson Repair Mollerud Electric Fergu5Plbg. & Htg. Crow Chemical& Equip. Fergus Glass & Paint Gambles Precision Laboratories Inc. Xerox Corp. Victor Lundeen & Co Security Blank Book & Prtg. Marshall Swift Pub. Co First National Bank Chapin Pub. Co R.L. Polk Co Bureau of Bus. Practice Mathison Hesby Agency U_l timate No. Machine Service Multigraph Div. Universal Ans. Service Simplex Time Recorder Co Burroughs Corp. Burroughs Corp. Empire Bus. Machines 76.51 4oo.4o 38.18 7~75 191.09 . 16.30 . 24.88 17.65 65.00 26.10 18.72 54.18 172.44 9.93 10.00 26.50 25.89 103.75 50.70 35.00 208.00 4.85 4.85 4~44 276.23 53.77 145.25 15.56 56.45 25.25 57.50 75.65 96.00 163.76 75.34 6.96 37.80 139.48 467.27 324.10 · 40.00 10.00 85.56 102.50 ·16.35 3,030.48 14.10 33.05 25.00 63.00 3.80 84.48 41.00 j Davenport Stationery Nelson Bros Prtg. Henning Advocate Daily Jotj.rnal Village of Perham Harry Larson Robert Oslund & Assoc. Myrtle. Logas George Nelson Helen Skramsted Coast to Coast Everts Lumber Corner Store Leitch Construction Co Lorna McCabe Cynthia Barnard Phyllis Knutson Donna Quam Gloria Opatz Cheri Schultz Dorothy Johnson Bonnie Youngquist Ella Slatten Pearl Ronning . Olga Edwards Joyce Samuelson Mrs Charles Perkins Jens R. Ree .Rozann Reyerson Mrs Robert Johnson Victor Lundeen & Co Nelson Bros Prtg. Reeves Co. Inc. Veery ffyder Ear Telephone Co Cooper's Office Supply Frazee -Forum Pelican Rapids Press Law Center Inc. Village of Perham Reitan Larson Co Twp. of Paddock NURSE POOR BOAT & WA'l'ER SAFETY Carlton E Mortensen 4.89 322.75 12.00 696.26 60.00 61~97 3,320.00 6.95 54.29 56.00 3.09 57.52 17.29 525.00 212.92 53.70 81.49 137.98 26.36 61.58 110.90 10.17 9.40 36.80 53.20 21.60 9.00 13.60 13.80 6.80 66.80 96.40 4.29 5.75 21.10 17.00 1.36 1.20 20.00 35.00 150.00 481.48 16.00 t/ I ROAD & BRIDGE Baas Oil Co General Trading Co Genuine Parts International Harvester Shur Ford Sales · Super GmC Truck Sales Ziegler Inc. Minnesota Motor Co Kurt Rapatt Bob's Hardware Coast to Coast Store· COE Industries Co-op Services Inc. Farwell Ozmun& Kirk Co Wm Galena & Son Gambles Genuine Parts Co Lampert Bldg. Center M-R Sign Co O'Meara's Dept Store Pelican Hardware. Phil's Welding & Fab. Paper Calmenson & Co Goodyear Service Dean's Excavating. Village of Henning Comm. of Highways Otter Tail Power Co Korby Contracting Co City of Fergus Falls EOT Telephone Co Midwest Telephone Co N.W. Bell Telephone Co N.W. Bell Telephone Co Park Region Mutual Telephone Co N.W. Bell Telephone Co Pelican Telephone Co Cooper's Office Supply Monroe International Inc. Davenport's Stationery Victor Lundeen & Co H.A. Rogers Co · Wendell P Huber Mathison Hesby Agency Northwestern Refining Co Orlend Menze· Roy Isaacson Einar Fiskari Dale Menze Ernest Hendrickson Mervil Pikkaraine Eldred Pikkaraine Rudolph Virnala ·Emil Pesala Oscar Haapasaari Reuben Anderson Otto Hepokoski Elmer Kunnair John Mursu 19.22 54.31 8.80 66.56 34.36 35.11 68.12 5.00 8~00 50.57 8.39 20.03 11.28 151.26 1.71 1.89 18.21 5.70 484.50 83.52 3.06 4.81 683.16 311.58 37.20 300~00 93.12 37.46 3,565.00 841.88 62 .. 88 10.01 29.84 13.14 . 32.13 15.81 11.76 37.50 54.oo 10.75 19.65 57.83 461.16 9,316.08 1,033.50 . 63. 75 101.35 11.40 16.20 10.80 14.20 11.60 137.00 157.40 31.20 15.40 17 •. 20 i8.4o . 18.00 5 Wilkin county Village of New York Mills Vernon Bauck Lowell Ehnert & James McFadzen Anna Ehnert H.S. Farr Stanley Schmitt et al Ralph Samuelson Otto Krey Marlyn Johnson Watson Johnson Clarence Nyberg Sr. Franklin Esteb · Marvin Johnson Melvin Woodard Donald Woodard Roger Wallace Clifford Irons Mrs Naomia Stokes Oscar Persons Gunvold Olson Mrs Ruth Witthuhn Laverne K. Olson Harold H. Boese Douglas Dahlen Mrs Ruth Erlandson Holt R. Paul Simonson Twp of Aastad Russell Erlandson Alfred Hole Alfred Hole Palmer Fronning Ralph Hole Peter Lien Gustave J. Foss Martin Holte Edwin Viger Gilbert Rian Harold Maack Clarence Jacobson Clifford Satern Carl Grunewald Obert Aaberg Leslie A. Uhlig M:rs Grace Carlson Mrs Bertha Mortenson Ervin Zimmerman Herbert B. Perkins D-A Lubricant Co. Inc. Consumers Co-op Oil Co Dave's Standard Service Dave's Standard Service Dent Oil Co Farmers Co-op Ass'a Fossen Oil Co Gene's Standard Service Hoot Lake 76 Kness Standard Kraemer Oil Co Nundahl Oil Co Service Oil Co Service Oil Co .Meyer's Service Standard Oil Co West 3ide Gulf 1,434.54 6.oo 61.85 246.20 177.75 104.60 293.45 32.00 84.70 74.40 362.40 331.35 49.80 277.40 265.90 58.00 216.60 144.20 21.20 44.50 48.30 30.40 45.65 25.00 11.40 35.20 23.15 2.00 1.00 44.20. 22.60 108.60 79.20 33.00 11.80 86.oo 53.90 11.60 38.80 36.20 107.05 72.50 26~80 14.40 38.59 123.24 164.30 · 37.40 119.90 99.57 63~22 143.83 88.56 146.26 10.95 77.06 97.74 51.67 248.97 185.80 86~15 129.36 272.97 188.05 16.05 Upon motion made by Richard Dillon, seconded by Geo_rge Walter and unanimously carried, the meeting adjourned until 2:00 P.M., Thursday, April 19th, 1973. ATTEST; Clerk