§ 117-426. Location of and provisions for soil absorption systems.

(a)

New subdivisions.

(1)

Sufficient area of Class I land shall be reserved within each newly created lot or parcel of less than ten acres for the construction of an adequately sized soil absorption system and the reconstruction of soil absorption or final disposal unit of that system. The area of Class 1 land required shall be determined on the basis of system design requirements of chapter 113, article II, the percolation rate of soils determined to be Class 1, and the estimated daily volume of sewage based on proposed site development. In no instance shall the reserved area of Class I land be less than that required by law or ordinance. The reserved area of Class I land shall be wholly within the lot or parcel for which it is reserved and shall be so located as to be outside of all areas in which soil absorption systems are not allowed due to setback requirements from future structures, wells, water lines, trees and property lines as set forth in this chapter. No subdivision of land shall be approved unless each lot or parcel created by said subdivision for building purposes meets the requirements for the reservation of Class I land.

(2)

The subdivision of land into parcels or lots shall not be approved where sufficient areas of Class I land cannot be reserved unless adequate methods are provided for overcoming the deficiency of adequate area for soil absorption.

(b)

Administration. In conjunction with their respective duties in administrating the subdivision and zoning regulations of this chapter and other related land use and planning regulations, the city's zoning administrator, planning commission and council shall ensure that this chapter is complied with.

(c)

Lots of record. This chapter is intended to apply to all parcels of land within the city, regardless of whether a parcel was of record before or after the time of enactment of the ordinance from which this section is derived.

(d)

Variances. Variances from the strict enforcement of this chapter may be granted in accordance with the procedures and requirements of section 117-51.

(Code 1978, § 9.13; Ord. No. 73-05, 5-21-1973; Ord. No. 79-3, 2-12-1979)