TOWN OF TROY

RESOLUTION 2011 - 06

CONCERNING THE REPAIR OR REPLACEMENT OF CERTAIN EXISTING,

FAILING, PRIVATE ON-SITE WASTEWATER TREATMENT SYSTEMS

IN THE LOWER ST. CROIX RIVER RURAL RESIDENTIAL MANAGEMENT

OVERLAY DISTRICT IN THE TOWN OF TROY

WHEREAS, St. Croix County ("County") and the Town of Troy ("Town") have enacted and enforce separate zoning ordinances regulating land use and structures in the Lower St. Croix River Rural Residential Management Overlay District; and

WHEREAS, the County treats private on-site waste water management systems ("POWTS") as a use accessory to a single-family home while the Town treats such POWTS as accessory structures; and

WHEREAS, because of this distinction and because of the zoning regulations protecting slope preservations zones, the repair or replacement of POWTS in the District require either a Town Riverway Permit or Town variance in addition to County zoning and sanitary permits; and

WHEREAS, the soils, surface and ground waters in the District are best protected by a prompt and responsible review process, followed by the prompt repair to or replacement of an existing, failed residential POWTS in accordance with approved plans.

NOW, THEREFORE, BE IT RESOLVED, THAT:

A) Owners of property located in the Town's Lower St. Croix River Rural Residential Management District ("the District") that:

1. Is used for single family residential purposes;

2. Has a failing POWTS that requires repair or replacement; and

3. Is eligible for a Town Riverway permit because in the judgment of the Town’s Engineer, the repair or replacement of a failing POWTS at the location at issue does not require a variance from the terms of the Town's St. Croix Riverway Zoning Ordinance ("LRZO") to undertake the required POWTS repairs or replacement;

may henceforth apply for and receive a Town Riverway Permit without site-specific approval from the Town Plan Commission or Town Board, following an administrative determination by the Town Engineer that the application and the site to which it applies meet all applicable requirements of the LRZO. Before issuing a Riverway Permit the Town Engineer must be able to determine from the application materials that all applicable requirements of the LRZO will be met before, during and after POWTS repair or replacement.

B) Property owners seeking administrative processing of their application for a Riverway Permit for this purpose under the administrative procedure authorized by this Resolution shall provide the Town Clerk/Treasurer with the required fee and two copies of the following information and documents:

1. The County/State sanitary permit and County land use permit authorizing the repair or replacement of the existing, failed, residential POWTS;

2. All site plans and detailed scale drawings of the area served by the existing POWTS in need of replacement or repair as provided to the County;

3. The grading and erosion control plans for the site as provided to the County;

4. The vegetation plan for the site as provided to the County;

5. The project contractor's project schedule; and

6. At least six different ground level photographs of the existing vegetation in the project area and the property and that clearly identify all proposed changes to the existing vegetation as a result of the project.

C) The Plan Commission hereby delegates its concept review responsibility for Riverway Permits under LRZO §171-M.1., and the Town Board hereby delegates its authority to issue Riverway Permits under LRZO section 171-M.1., to the Town Engineer to review applications and issue Riverway Permits for the repair or replacement of failing, residential single family POWTS anywhere in the District when the Town Engineer is able to determine from the application materials provided that all requirements of the LRZO applicable to the site for which application has been made will be met before, during and after the repair or replacement of the existing, failed, residential POWTS.

D) In support of its delegation of authority to the Town Engineer to review applications and administratively issue Riverway Permits for the repair or replacement of existing, failed, residential POWTS in compliance with the requirements of the LRZO, the Plan Commission and the Town Board find and conclude that when application is made to repair or replace an existing, failing single family residential POWTS under the circumstances described in this Resolution, the expedited Town review process accomplished by delegating Plan Commission Review and Town Board decision to the Town Engineer facilitates the most responsible continuation of a pre-existing use by allowing for the prompt repair or replacement of a failed, residential POWTS in order to avoid unnecessarily prolonging the risk of surface, groundwater and River water pollution and that by doing so the expedited process best protects the scenic, recreational and natural values of the St. Croix River Valley. Expedited administrative review can facilitate continuation of an existing use when residential use expansion is not being sought, which expansion continues to require complete review by the Plan Commission and the Town Board.

E) A full regular LRZO application review fee shall continue to be paid to the Town Clerk/Treasurer for the administrative processing by the Town Engineer of an application for a Riverway Permit for the repair or replacement of an existing, failed residential POWTS. The concept review fee should be waived.

F) The Town Engineer is authorized to issue Riverway Permits without Plan Commission concept review or Town Board action as authorized by this Resolution only for those applications that meet the requirements of paragraphs A), B), and C) of this Resolution. This includes all qualifying and applications pending at the time the Resolution is approved. All other applications to repair or replace an existing, failed, residential POWTS shall be processed by the Plan Commission and Town Board according to the procedure set forth in the LRZO. Any permit applicant can request full Town review in lieu of the administrative review process authorized in this Resolution

G) The Town Engineer shall provide a report to the Town Board on its administration of this delegation of authority to issue Riverway Permits for the repair or replacement of existing, failed residential POWTS during October of 2012, with any recommendations for improvement of the process.

H) This administrative review procedure is available only for Riverway Permit applications seeking Town approval for the separate, stand-alone repair or replacement of an existing, failed, single family residential POWTS. Full Town review and processing under its LRZO is required for all other applications including POWTS repair or replacement application in an application for which additional Town approvals are necessary under the LRZO, or as part of a building permit application affecting property located in the District.

Dated this 3rd day of November, 2011 Dated this 10th day of November, 2011

Approved by the Plan Commission: Approved by the Town Board: