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CITY of ORONO <br />RESOLUTION OF T~E CITY""'COUNCIL <br />NO. . l 9 5 <br />3. The applicant shall conduct grading and filling below 931.5 MSL within the flood <br />fringe, consisting of construction of a retaining wall, excavation and mitigation as <br />depicted on Exhibit B approved by the City Engineer. <br />4. The applicant shall comply with the recommendations of the City Engineer and the <br />Milmehaha Creek Watershed District Rule C permit # 04-210 regarding floodplain <br />filling and mitigation. <br />5. The applicant shall comply with Municipal Zoning Code Section 78-1117, standards <br />for floodway and flood fringe conditional uses. <br />6. The applicant shall complete the floodplain restoration project and install all native <br />floodplain vegetation prior to construction of the boardwalk. <br />7. If at any time the native floodplain vegetation becomes a mowed lawn the applicant <br />must remove the boardwalk in its entirety. <br />8. The boardwalk is limited to a 4' in width and 30" or less in height and a 177 s.f. <br />landing. No railing is allowed. <br />9. The chimney heights shall not exceed 40' 8" in height. <br />10. Authorities granted by this resolution nm with the property not with the applicant, but <br />are permissive only and must be exercised by obtaining a bµilding permit for the new <br />construction within one year of the date of Council approval, or the variance will expire <br />on that date (June 14, 2005). <br />11. Violation of or non-compliance with any of the tem1s and conditions of this resolution <br />shall constitute a violation of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a misdemeanor. <br />12. The undersigned applicant has read, understood and hereby agrees to the tenns of this <br />resolution and on behalf of the applicant and the applicant's heirs, successors and <br />assigns, hereby agrees to the recording of this resolution in the chain of title of the <br />property. <br />Adopted by the Orono City Council on the 14th day of June, 2004. <br />Page 4 of 6