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Mr. Richard Dunlap <br />Page 2 <br />he requested that you submit a Conditional Use Application <br />on a form which he submitted. <br />You have furnished me with a copy of Ordinance <br />No. 125 of the Village of Orono which it is my understanding <br />is the Ordinance referred to by Mr. Scheller in his letter <br />of November 29. This Ordinance imposes an amendment to <br />Section 31.700, 31.705 and 31.710 of Chapter 31 of the <br />Municipal Code of Orono, which Chapter is the Zoning Ordinance <br />of the Village <br />Section 31.700 provides that "it shall be unlawful <br />for any person**to remove**sand, gravel, dirt or similar <br />material within the limits of the Village of Orono; without <br />a Conditional U.se Permit issued by the Village Council." <br />But Section 31.710 qualifies this Section by providing that <br />"the requirements of Section 31.700 are not intended to <br />govern the normal and customary grading of the area of an <br />existing or.a newly constructed building"**"such grading <br />and earth moving shall be approved by the Building Inspector <br />at the time of issuance of the Building Permit." <br />Mr. Scheller in his letter of November 29, states <br />that the Village Council, at their meeting of November 26, <br />1973, "voted that all ponds excavated since the enactment <br />of the Excavation Ordinance in 1967, should come into <br />conformance by applying for a Conditional Use Permit as <br />required by the Ordinance." <br />It is my understanding that there is no such provision <br />in the Municipal Code adopted in 1967 and that this reference <br />is to the amendment to this Ordinance accomplished by <br />Ordinance No. 125 referred to above. I find nothing in the <br />original Ordinance prohibiting any excavation of this kind <br />in connection with improvement of a yard sL.rrounding a <br />one family detached dwelling. Section 340.36 permits <br />"decorative landscape features." <br />We conclude that this excavation on your lot for <br />the purpose of creating a natural water pool as a part of <br />the landscaping of the lot, which pool does not drain on <br />to adjoining land, was not prohibited by the Ordinances <br />referred to above and that the Village Council has no <br />authority by its action on November 26, to in effect, impose <br />a retroactive amendment to the Ordinance by requiring <br />v <br />h <br />