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ORDINANCE NO. , SECOND SERIFS <br />An Ordinance of the City of Orono, Minnesota, amending Orono City Code <br />Chapter 10 entitled "Land Use Regulations (zoning)" by adding a definition <br />for clean fill and by amending other sections of Chapter 10 that govern <br />land alterations by adding further clarification language on the use of <br />fill. <br />The City of Orono Ordains: <br />The Municipal Code of the City of Orono is amended by adding <br />Ordinance No. . Second Series: <br />SECTION 1. Orono City Code Section 10.02 is hereby amended by adding <br />the following definition: <br />Clean Fill. Clean fill shall consist of all native soils as <br />described in the Unified Soils Classification System. Organic, <br />man-made and reprocessed materials, topsoil and rocks larger than <br />0.25 cubic yards (2.9' diameter) shall not be considered clean <br />fill. <br />SECTION 2. Orono City Code Section 10.03, Subdivision 19 is hereby <br />repealed and the following language substituted in its place: <br />Section 10.03, Subdivision 19. Prohibition. It is unlawful for <br />any person to remove, fill, or use for fill, dredge, store or <br />excavate rock, sand, gravel, dirt or similar material within the <br />limits of the City; to fill or reclaim any land by depositing <br />such material or by grading of existing land so as to elevate or <br />alter the existing natural grade; or to build, alter, or repair <br />any seawall, retaining wall, or to otherwise change the grade or <br />shore of lakeshore property without a conditional use permit <br />issued by the Council. All of the above referenced land <br />--- -- --- --------------- ---- <br />alterations involving filling and grading shall be performed with <br />only "clean fill" as defined in Section 10.02. Granting of such <br />permits is subject to other regulations and prohibitions of the <br />City Code, and other applicable statutues or ordinances of other <br />governmental bodies. <br />SECTION 3. Orono City Code Section 10.31, Subdivision 5 (B) is hereby <br />repealed and the following language substituted in its place: <br />B. Land Alterations. Grading or physical alteration of any <br />platted public right-of-way for any purpose including inland <br />property access is prohibited except when such work has been <br />specifically authorized as part of a permit issued by the <br />Council. The permit application shall consist of a detailed land <br />survey of the right-of-way and appropriate engineering drawings <br />sufficient to identify the full extent of all proposed work. <br />Permit approval shall be subject to obtaining a grading permit <br />from City staff, land alterations involving filling and grading <br />shall be performed with only "clean fill" as defined in Section <br />10.02, and all other permits as may be required by other agencies <br />having jurisdiction. Public rights -of -way so improved shall be <br />maintained by the licensee. <br />