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.�. J i ORDINANCE NO. 4� , SBCOND SffitIES An Ordinance of the City of Orono, Minnesota, amending Orono City Code Chapter 10 entitled 'Land Dse Regulations (Zoning)" by adding a definition for clean fill and by amending other sections of Chapter 10 that govern land alterations by adding further clarification lanquage on the nse of fill. The City of Orono Ordains: The Municipal Code of the City of Orono is amended by adding Ordinance No. 47 , Second Series: SECTION 1. Orono City Code Section 10.02 is hereby amended by adding the following definition: � Clean Fill. Clean fill shall consist of all native soils as described in the Unified Soils Classification System. Organic, man-made and reprocessed materials, topsoil and rocks larger than 0.25 cubic yards (2.9' diameter) sha 11 not be considered c lean fill. SECTION 2. Orono City Code Section 10.03, Subdivision 19 is hereby repealed and the following language substituted in its place: Section 10.03, Subdivision 19. Prohibition. It is unlawful for any person to remove, fill , or use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar material within the limits of the City; to fill or reclaim any land by depositing such material or by grading of existing land so as to elevate or alter the existing natural grade; or to build, alter, or repair any seawall, retaining wall, or to otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council . All of the above referenced land a lterations invo 1 ving f i 11 ing and grading sha 11 be performed with only "clean fill" as defined in Section 10.02. Granting of such permits is subject to other regulations and prohibitions of the City Code, and other applicable statutues or ordinances of other governmental bodies. SECTION 3. Orono City Code Section 10.31, Subdivision 5 (B) is hereby repealed and the following language substituted in its place: B. Land Alterations. Grading or physical alteration of any platted public right-of-way for any purpose including inland property access is prohibited except when such work has been specifically authorized as part of a permit issued by the Council. The permit application shall consist of a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from City staff, land alterations involving fillin and grading shall be performed with only "clean fill" as defined in Section 10.02, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee.