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Board decides against amending subdivision and platting ordinance CASS COUNTY BOARD Cass County Correspondent BACKUS - Cass County commissioners Tuesday decided against amending the subdivision and platting ordinance and the land use ordinance, but approved updating the 1998 individual sewage treatment ordinance and adopted a new definitions ordinance.
Their action followed a lengthy period of comments from people who filled the land department meeting room at Backus to give their views on the changes.
Several lake association representatives spoke in favor of eliminating the minor subdivision class and supported platting all subdivisions or more than four lots. Several real estate sales representatives and a few individuals spoke in favor of retaining minor subdivisions. A Gould Township spokesman supported retaining all existing ordinance language and making no changes.
The board's choice to let the existing subdivision and platting ordinance stand means dividing land into five to nine lots by minor subdivision will continue.
Commissioner Jim Demgen made a motion to approve the amended subdivision and platting ordinance, but to change it to allow minor subdivisions only if neighbor notifications would be expanded from abutting properties to those within a half-mile. His motion also called for public hearings if any notified neighbors or government agencies, including townships, requested it. His motion died for lack of a second.
Commissioner Virgil Foster made a motion calling for no changes at this time to any zoning ordinances, saying it is too soon to make changes after those implemented in the land use ordinance in November. His motion, seconded by Commissioner Robert Kangas, died on a 3-2 vote.
The subdivision and platting ordinance will stand in its existing form with no new amendments. Demgen voted against that decision, preferring to see public notifications expanded and to move responsibility from the ESD staff to public petition the decision on whether the planning commission should review a minor subdivision at a public hearing.
The land use ordinance will stand in its present form, with no changes.
The individual sewage treatment ordinance was amended by unanimous vote. Changes include expanding the definition for a residential structure to include recreational vehicles, travel trailers or any place used or intended for use by human occupants as a residence. All must have a sewage treatment system large enough to handle 150 gallons of effluent per day per bedroom.
State sewage treatment regulations updated since 1998 are adopted by reference. Any individual sewage treatment system in the county must be brought into compliance with county standards upon conveyance of the property. Sellers will be responsible for providing a certificate of compliance to buyers or establish an escrow fund to upgrade the system unless the buyer and seller agree in writing for the buyer to pay for the system upgrade.
Sewer installation permits will be good for two years rather than one, but may not be extended. After two years, a new permit application will be required.
New holding tanks will be permitted only where there is no other reasonable alternative to treat and dispose of wastewater on lots of record created before Jan. 1, 2005. Meter readings on effluent going into these systems must be provided to ESD annually in order to renew the annual permit to have a holding tank system.
The environmental definitions ordinance the board approved is available on the county Web site at www.co.cass.mn.us. Commissioner Robert Kangas voted against adopting that new ordinance.
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