02-28-2005 Council Packet - Laserfiche WebLink

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\ ORDINANCK NO.___, 3RD SKRIKS AN ORDINANCE EXTENDING AN INTERIM MORATORIUM I'ROIIIBITING WETEAND ALTERATIONS AND PROHIBITING THE GR/\NTING OF BUILDING OR LAND ALTERATION PERMITS OR PERMIT APPROVALS, PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE) APPROVAL, REZONING, OR PUD APPROVAL, INVOLVING ALTERATIONS OF WETLANDS AND AREAS WITHIN 26 FEET OF WETLANDS ., 3rd THE CITY OF ORONO ORDAINS: The Municipal Code of (he City of Orono is amended by adding Ordinance No. Series. SECTION 1. Statement of Policy. FindiiiRS and Piiip(i.sc. The City Council in order to update its floodplain ordinances no later than September 2, 2004 to remain in compliance with the requirements of the I'cderal Emergency Management Agency (FEMA) and the Miimcsota Department of Natural Resources, adopted Ordinance No. 16, Third Scries on August 23, 2004. Said Ordinance deleted both the existing floodplain and wetland regulations which were intertwined within the pre-existing ordinance, but only adopted new floodplain regulations, leaving (he City without wetland regulations in effect. The City Council has reviewed a proposed new wetland ordinance to replace the prior ordinance. However, the City Council has not yet had adequate opportunity to fully study and consider the potential impacts of the proposed new wetland ordinance, and the Council desires to further study and evaluate the proposed ordinance before its adoption. The Council finds that in order to prevent any activities that would negatively alter or impact wetlands while (he proposed ordinance is being studied, it is desirable that (he Council establish a moratorium on all wetland alteration activities until a study has been completed and a new wetland ordinance adopted. Since enactment of an amendment to the code would undoubtedly modify previous wetland regulations, the granting of building permits and land alteration permits, preliminary approval of subdivision applications, /.oning (CUP/Variance) applications, rezoning applications, or PlJDs, which involve wetland alterations would be contrary to the puiposc of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to allow wetland alteration activity to occur during this study. i^ursuant to the above findings, the City Council on August 23, 2004 adopted Ordinance No. 17, 3'‘‘ Series, declaring a six month moratorium on all activity involving alteration of wetlands. During the effective period of the moratorium, land alteration activity on all real propertv within the City of Orono which can be defined as “wetlands” within the meaning o' (hat term given it in Minnesota Statutes Section 103G.005, Subd. 19, and on all property within 26 feel of (he boundary of such wetlands, is prohibited. The moratorium expires on February 23, 2005. W10Q^14?v1 7B6748