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to ar.y
<br />kind of propf'rly,
<br />such hoMir.;; 'hall
<br />nv other persons.
<br />SOTA
<br />ponding; areas to
<br />rapid water runoff
<br />ream flrKiding and
<br />'tee to areas which
<br />)ii and recharge,
<br />rejects to contain.
<br />irry abnormal flows
<br />rccipitation and to
<br />ic funds for storm
<br />ich proper planning
<br />;tures in areas unfit
<br />ger from fl<joding.
<br />Is.
<br />ificial obstructions
<br />lage and use of the
<br />reks, marshes, or
<br />he terms defined in
<br />leanings;
<br />mhankment , levee,
<br />xcavation, bridge,
<br />ire, fence, fill, or
<br />Llands Conservation
<br />ravel, or analogous
<br />nd has been located
<br />cause.
<br />m which is not a
<br />to a watercourse,
<br />or may be covered
<br />WENT OF PRO-
<br />Conservation Aren”
<br />;r referred to as the
<br />.shed to be the low
<br />nd including any
<br />of water subject to
<br />se areas designated
<br />submerged marsh,
<br />i. or intermittent
<br />nent of the I nterior.
<br />125
<br />A -li •-iv.
<br />. 1
<br />IV
<br />♦ V
<br />4
<br />t
<br />}
<br />I
<br />r
<br />•
<br />through the tu-ological Survey on maps mui supjiorting
<br />• data*. . . . Those maps are hereby made u part
<br />of this ordinance, and two copies thereof shall
<br />remain on file in the office of the village ad
<br />ministrator for public inspection. For purposes
<br />»d<lef ining the application of this map to any s|«cific area
<br />the maps, data, and other available source material for
<br />this survey shall be on file in the office of the village
<br />administrator and shall be proof of the intended limits of
<br />the I loodjdain and Wetland.s ConserNation Area. Any
<br />change in the I* loodplain and Wetlands Conservation Area
<br />as may from time to time be determined to be proper shall
<br />be refler ted on those maps.
<br />DEVELOPMENT PROHIBITED
<br />No filling, grading, dredging, excavation, or
<br />constniction shall be allowed within the Floodplain and
<br />Wetlands Conservation Area; nor on lands abutting,
<br />adjoining, or affecting said area if such activity upon those
<br />adjacent areas is incompatible with the policies expressed
<br />in this ordinance and the preservation of those wetlands in
<br />their natural state; nor shall land within the protected area
<br />be used in determining minimum area requirements for
<br />building sites except as provided (below). To specifically
<br />further define the specific boundaries of the Floodplain
<br />and Wetlands Conserx'ation Area as described in the
<br />official maps thereof and to insure that the policies in this
<br />ordinance are properly implemented, any persons
<br />undertaking improvements to or on any land abutting or
<br />adjacent to the pro'tected area shall, prior to commencing
<br />. the work, obtain a permit therefore from the village of
<br />Orono. Approval may be expressly given in conjunction
<br />with other permits applied for, but no approval shall be
<br />implied from the grant of such permits nor from the
<br />necessity to apply for a permit as described herein.
<br />In extraordinary cases, variances may be granted upon
<br />application therefor, but only when the proposed use is
<br />determined to be in the public interest, and no variance
<br />shall be granted which the council determines will or has a
<br />tendency to:
<br />ID Increase the height or duration of flood water in or
<br />alonii the Minnehaha Creek.
<br />12) Result in the placement of an artificial obstruction
<br />which will restrict the passage of flood water in such a
<br />manner as to increase the height of flooding, except
<br />obstructions approved by the Minnehaha Creek
<br />Watershed District in conjunction with sound floodplain
<br />management.
<br />(3) Result in incompatible land uses or which would be
<br />detrimental lo the protection of surface and ground water
<br />supplies.
<br />M) lncreu.se the financial burdens imposed on the
<br />community through increasing floods and overflow of
<br />water onto land areas wit l.in this village or onto land area.s
<br />adjacent to Minnehaha Creek.
<br />(5) He not in keeping with land-use plans and planning
<br /><»l>j«*ctives for the village of Orono or which will increase or
<br />causi- danger to life or property.
<br />(«) He inconsistent with the objectives of encouraging
<br />.mil uses cuinpatibie with the pre.ser\’ation of the natural
<br />land forms, vegetation, and the marshes and wetlands
<br />within the village of Orono.
<br />I2(i
<br />(71 Include development of land and water a.'«as
<br />cs.sential to cuiitinue the temporary withholding of rapid
<br />runoft ol surface water which presently contributes to
<br />downstream flooding or water pollution or for land arid
<br />water areas which provide ground water infiltratif.n ;.hich
<br />diminishes the land area necessary to carry incieased flows
<br />or storm water following period.s of heavy precipitatio.n.
<br />No permit or variance shall he issued unlc.-s the
<br />applicant, in support of his application, shall .submit
<br />engineering data, surveys, site plans, and other
<br />information as the village may require in order to
<br />determim- the effects of such development on the affc-cted
<br />land and water areas. 'I’he 0|>plicant shall submit four
<br />copie-s of the application and the information. One copy
<br />shall be .sent by the village to the secretary of the
<br />Minnehaha ( reck Watershed District. The district shall
<br />recommendations with the village
<br />"^11*.'” I uftor receipt of the information, unless
<br />additional time is authorized by the village.
<br />LAND DEVELOPMENT AND PLATTING
<br />No part of any lot within the Floodplain and Wetlands
<br />Conservation Area shall be platted for re.^idential
<br />oiciip.nncy or for other uses which will increase the danger
<br />to heallh, life, (iroperty, or the public welfare. Whenever a
<br />portion of the Floodplain and Wetlands Conservation Area
<br />IS Iwated within or adjoins a land area that is being
<br />subdivided, the suhdivider shall dedicate an adequate
<br />easement over the land within the protected area and
<br />along each side of such area for the purpo.se of improving
<br />or protecting the area for drainage or other purposes
<br />cxpre.sscd in this ordinance and other recreational uses.
<br />I ublic or private streets, driveways, drainage openings,
<br />imd culverts shall not be constructed, unless the de.sign
<br />thereof has been approved by the vUlage. and shall be de-
<br />signed .so as not to restrict the flow of water.
<br />LIMITED CREDIT ALLOWED
<br />When land to be developed is connected to a public
<br />sanitary sewer line and includes land within the Floodplain
<br />and U ellamls Con.servation Area, the owner or developer
<br />thereof will be credited with an amount of his land within
<br />the I loodplain and Wetlands Conservation Area equal to
<br />but not exceeding the amount of his adjacent land which
<br />otherwise qualifies for development under those
<br />ordinances, for purposes of complying with the land-use
<br />density, open .space, building-unit-to-land-arca ratios, or
<br />other siii.ilar requirements of the bnd development and
<br />zoning ordinances of the village, except for requirements
<br />for recreational uses.
<br />SPECIAI. ASSESSMENTS
<br />The land area in the Floodplain and Wetlands
<br />Conservation Area which is not to be developed and which
<br />IS dedicatwl as an easement shall not l>e subject to special
<br />assessments to defray the cost of other municipal
<br />improvement projects, including but not limited to trunk
<br />sanitary sewer and water mains and storm sewer
<br />improvements. o«.wir
<br />nulsanc ^i
<br />Any filling, alteration, construction, or artificial
<br />•OfV
<br />M
<br />.^1
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<br />t
<br />-‘■F1»
<br />m
<br />■ i'i>,
<br />(Ill* of the I
<br />\i... i. .Ic l.uetl to
<br />. *.1. a p. imil
<br />i, ,. Imvm ..btain.sl i
<br />i;i;Mn\ .-\C OF A>
<br />It .iM at I ificial <•!
<br />th.- \iltag.'. »n
<br />;..l!,.wmg 10 V
<br />„ :,i..val within a re
<br />(iin.lition and
<br />lu-r shall fail to i’(
<br />..-.MiiT .annot be f(
<br />have the p«»wer to n
<br />(III .-usi of which si
<br />;,vv.-<v»*d against
<br />|iri-MTibed by law I
<br />municipal improvei
<br />Spc ial .\sscssmeni
<br />111 tvrlified tolhoc
<br />tnaim.T as the ad v
<br />i:i FIXT OF PEF
<br />The granting of
<br />shall in no way aff
<br />the approval requi
<br />regulation of any s
<br />PKNAI.TIES
<br />.Any person v
<br />onlinance .shall bt
<br />lined in such amo
<br />authorized by law
<br />d<-emed a separate
<br />a ei iminal penalty
<br />ill the village or o
<br />h\ injunction or c
<br />SKPARABILITY
<br />Kvery section,
<br />tl.'clarod separablt
<br />part ; and if any st
<br />hel.l invalid, it
<br />provision, or part
<br />PROHIBITION
<br />It shall be unla*
<br />In remove, fill, oi
<br />roek. sand. grav.
<br />limits of the villag
<br />l.NTERPUETAT
<br />Any itroposeii
<br />Inland Wetlands
<br />Cttasial Wetland!
<br />Inspector under '
<br />by all regulation
<br />other applicable
<br />pn.posed use is d
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