§ 22-470. Permits.

(a)

It shall be unlawful for any person to construct, repair, alter or extend private sewage disposal systems within the county unless he holds a valid permit issued by the health department stating the name of such person for which the specific construction, repair, alteration, or extension is proposed. Said permit shall indicate a maximum permissible waste loading.

(b)

All applications for permits granted under the provision of this division shall be made to the health department. The health authority shall set fees to be collected by the county public health department to offset the cost of administering the program pursuant to this division. The fees shall be in the amount provided in the county fee schedule. Fees for units of government or school districts are waived.

(c)

A permit shall only be issued to a state-licensed private sewage disposal system installation contractor or a homeowner, but a permit may also be issued to a property owner who is not a homeowner, provided that only a licensed contractor may install such systems in and upon the property of such property owner.

(d)

Permit application forms provided by the health department shall be completed and signed by each applicant and shall include the following:

(1)

Name and address of the applicant and location of the proposed site of construction, repair, alteration, or extension.

(2)

Complete plan and specifications of the proposed sewage treatment system to demonstrate that the proposed construction, repair, alteration, or extension complies with minimum standards of this division and the state private sewage disposal licensing act and code.

(3)

A soils investigation performed by either a soil classifier or a licensed professional engineer.

(e)

The health department may refuse to grant a permit for the construction of a private sewage disposal system where public or community sewage systems are available. A sewer shall be deemed available when a public sewer line is in place within any street, alley, right-of-way, or easement that adjoins or abuts the premises for which the permit is requested, or when the improvement to be served is located within a reasonable distance of a public sewer to which a connection is practical and is permitted by the controlling authority for the sewer. A reasonable distance for the purpose of this provision shall be deemed to be not greater than 300 feet for a single-family residence and not greater than 1,000 feet for a nonresidential establishment or multifamily dwelling.

(f)

The health department shall notify the zoning authority of permits issued within the jurisdictional authority of the zoning authority.

(g)

Permits shall be valid for a period of one year from date of issuance. If construction has not started within this period, the permit is void unless a renewal has been granted by the health department.

(h)

The board of health may grant variances to this article based upon evidence presented to it in each variance request, provided the granting of the variance:

a.

Will not be detrimental to the public welfare;

b.

Will not be injurious to other property or improvement in the neighborhood; and

c.

Will not diminish or impair property values within the neighborhood.

(i)

The board of health may require such conditions and restrictions upon the premises benefited by a variance as may be necessary to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the general intent of this article.

(Ord. No. 2001-3, § 3, 7-12-2001; Res. No. 2014-04-14, 4-16-2014)