[Adopted 1-16-2001 by Ord. No. 010116]
Holding tanks for the collection of human sanitary liquid waste
or wastewater, if intended to serve new construction, shall be prohibited.
This article prohibits both installation and use of holding tanks
to serve new construction.
When the use of a holding tank becomes the only available alternative
for the disposal of sanitary liquid waste for an existing building,
the use of a holding tank shall be permitted, subject to approval
by the Village of Browntown on a case-by-case basis. Application shall
be made to the Village Clerk, and such application shall be considered
by the Village Board to determine if the use of the holding tank is
the only available alternative. Issuance of a permit for installation
and use of a holding tank to serve an existing building or buildings
shall further be contingent on compliance with all other applicable
state and county rules, regulations, ordinances, and statutes regarding
such installation and use.
Any person or entity aggrieved by the application of this article
to a property owned by that person or entity shall be entitled to
apply for a variance or an extraordinary hardship exception to the
Village of Browntown Board. Such application for variance or extraordinary
hardship exception shall be made, in writing, to the Village Clerk.
The Village of Browntown Board shall consider relevant facts and circumstances,
including, but not limited to, the following:
A.
Whether any other type of private or public sewage system is available
to serve the subject premises;
B.
Whether the proposed installation and use of a holding tank would
have adverse environmental effects, or would adversely affect the
public health, safety, and welfare;
C.
The alternative uses available for the subject property and the economic
injury to the owner;
D.
The historic zoning of the property, the use made thereof, and whether
or not the parcel in question was created as a separate parcel prior
to the effective date of this article;
E.
Within 30 days of approval, a contract must be provided from a licensed
septic service for regular pumping of the holding tank.
The Village of Browntown shall be entitled to abate the violation
of this article by any appropriate legal means, including obtaining
an injunction, declaratory relief and enlisting the aid of enforcement
mechanisms available to other governmental agencies. Any and all costs
incurred by the Village in effectuating an abatement shall be paid
by the owner of the offending real estate or, if not paid, become
a special assessment against the offending real estate.
