Town of Grant

Washington County, Minnesota

Ordinance Regulating Waterfed Heating and Air Conditioning

An ordinance regulating the installation of waterfed heat extractors
and air conditioning equipment.

The Grant Board of Supervisors of the Town of Grant, Washington
County, Minnesota does ordain:

I.  Waterfed Heat Extractors and Air Conditioning Units

1. Plans, specifications, and manufacturer's disclosure shall be
submitted for approval to the Grant Township Building Inspector for
all waterfed heat extractors and air conditioning units prior to the
issuance of a building permit.

2. All waterfed head extractors and air conditioning units shall be
designed and installed as a recirculating ground loop system (either
horizontal or vertical), recharge, or injection well or similar
approved device to provide that all of the water used by the waterfed
heat extractor or air conditioning unit is completely returned to its
original aquifer, except for recirculating ground loop systems, and
no water is discharged to drainfields, drywells, sanitary or storm
sewers or other sub-surface porous receptacles or reservoirs, natural
waterways, or other surface water.

3. Where vertical recirculating ground loop, recharge, or injection
wells or similar groundwater recharge systems are utilized, it is
required that the standards established by the Minnesota Department
of Health be met and a Department of Health permit be obtained prior
to issuing a building permit by the Town for the installation of such
system.

II. Permit Required

No person shall erect, constuct, alter, or change any waterfed
heating or air conditioning system in the Town of Grant without first
securing a building permit therefor and paying the fee as established
by Town Board resolution from time to time.

III. Existing Units

1. Waterfed head extractors or air conditioning units in use prior to
the adoption of the Ordinance do not need to be brought into full
compiliance with the provision of this Ordinance, provided the owner
obtains a Conditional Use Permit.  Conditional Use Permits may be
issued by the Town Board for the continued operation of such units
provided they are not causing:

(1) Any flooding,

(2) Any threatened depletion of the aquifier from which it is
drawing, or

(3) Any nuisance to citizens of property withing Grant Town or
neighboring communities,

and after payment of the fee therefor as established by Town Board
resolution from time to time, and after a public hearing.

2. Any Condition Use Permit issued by the Town Board under the
provisions of this Ordinance for continued operation of a waterfed
head extractor or air conditioning unit shall be non-transferrable
and non-renewable and may be revoked by the Town Board if they are
causing and of the conditions set forth in Section III, Subdivision 1
(1), (2), or (3) or if the unit is removed from the original location
for which the Conditional Use Permit was granted.

3. No Conditional Use Permit may be issued for the installation and
operation of any waterfed heat extractor or air conditioning unit not
in operation prior to the effective date of the Ordinance or for any
existing unit if application for a Conditional Use Permit is not made
withing one hundred twenty (120) days after the effective date of
this Ordinance.

IV. Penalty

1. Violations.  The violation of any provision of the Ordinance or
the violation of the conditions of provisions of any permit issued
pursuant to this Ordinance shall be a misdemeanor, and upon
conviction thereof, the violator shall be subject to a fine of not
more than Seven Hundred Dollars ($700) or imprisonment for a term not
to exceed ninety (90) days, or both, plus, in either case, the cost
of prosecution.

2. Penalties.  Unless otherwise provided, each act of violation and
every day on which such violation occurs or continues constitutes a
separate offense.

3. Application to Town Personnel.  The failure of any officer or
employee of the Town to perform any official duty imposed by this
Ordinance shall not subject the officer to employee to a penalty
imposed for violation unless a penalty is specifically provided for
such failure.

4. Equitable Relief.  In the event of a violation of the threatened
violation of any provision of this Ordinance, or any provision or
condition of a permit issued pursuant to this Ordinance, the
community in addition to other remedies, may institute appropriate
actions or proceedings to prevent, restrain, correct, or abate such
violation or threatened violation.

V. Disclaimer

It is hereby declared to be the intention of Grant Township the the
provisions of the Ordinance are severable.  If any provision or the
application thereof to any person or cirsumstances is held to be
illegal or invalid by any court of competent jurisdiction, such
invalidity or illegality shall not affect other provisions of this
Ordinance or the applications of said provisions to any other
property.

VI. Effective Date.

This ordinance shall be in full force and effect from and after its
passage and publication according to law.

ADOPTED BY THE BOARD OF SUPERVISORS OF THE TOWN OF GRANT THIS 2ND DAY
OF JULY 1985.

Eugene Eastlund, Chairman Grant Town Board

ATTEST:

Sheila Davis, Clerk