HomeMy WebLinkAboutOrd #017-3rd Ser/Interim moratorium re: permits, etc in wetlands � ~
ORDINANCE NO. 17, 3RD SERIES
INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION
462.355, SUBDIVISION 4, ESTABLISHING A MORATORIUM PROHIBITING
WETLAND ALTERATIONS AND PROHIBITING THE GRANTING OF
BUILDING OR LAND ALTERATION PERMITS OR PERMIT APPROVALS,
PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE)
APPROVAL, REZONING, OR PUD APPROVAL, INVOLVING ALTERATIONS
OF WETLANDS AND AREAS WITHIN 26 FEET OF WETLANDS
THE CITY OF ORONO ORDAINS:
The Municipal Code of the City of Orono is amended by adding Ordinance No. 17, 3rd
Series.
SECTION 1. Statement of Policv. The City Council in order to update its
floodplain ordinances no later than September 2, 2004 to remain in compliance with the
requirements of the Federal Emergency Management Agency(FEMA) and the Minnesota
Deparhnent of Natural Resources, adopted Ordinance No. 16, Third Series on August 23,
2004. Said Ordinance deleted both the existing floodplain and wetland regulations which
were intertwined within the pre-existing ordinance, but only adopted new floodplain
regulations, leaving the City without wetland regulations in effect.
The City Council has reviewed a proposed new wetland ordinance to replace the prior
ordinance. However, the City Council has not yet had adequate opportunity to fully study
and consider the potential impacts of the proposed new wetland ordinance, and the
Council desires to further study and evaluate the proposed ordinance before its adoption.
The Council finds that in order to prevent any activities that would negatively alter or
impact wetlands while the proposed ordinance is being studied, it is desirable that the
Council establish a moratorium on all wetland alteration activities until a study has been
completed and a new wetland ordinance adopted.
Since enactment of an amendment to the code would undoubtedly modify previous
wetland regulations, the granting of building permits and land alteration permits,
preliminary approval of subdivision applications, zoning (CUPNariance) applications,
rezoning applications, or PUDs, which involve wetland alterations would be contrary to
the purpose of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The
Council further finds that it would be unwise, improper and unjust to allow wetland
alteration activity to occur during this study.
SECTION 2. Moratorium Declaration. The City Council hereby declares a
moratorium on all activity involving alteration of wetlands. During the effective period
of the moratorium, land alteration activity on all real property within the City of Orono
which can be defined as "wetlands"within the meaning of that term given it in Minnesota
Statutes Section 103G.005, Subd. 19, and on all property within 26 feet of the boundary
of such wetlands, is prohibited.
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SECTION 3. Studv The City Council requires its staff to initiate a study
regarding the impacts of the proposed wetland ordinance to determine whether the
proposed ordinance fulfills the underlying purposes of the City's land use and zoning
provisions.
SECTION 4. Restrictions on the Granting of Building Permits, Land Alteration
Permits, Preliminarv Subdivision Approval Zonin�(CUP/Variancel Approval
Rezoning, or PUD approvals During the effective period of the moratorium, no building
permit, land alteration permit, preliminary subdivision approval, Zoning (CUP/Variance)
approval, Rezoning, or PUD approval, shall be given by the City staff or Council
involving alteration of wetlands and lands within 26 feet of wetlands.
SECTION 5. Duration. This Ordinance shall expire within six months of the
passage of this Ordinance by the City Council, without Council action, or it may be
repealed earlier if the Council determines that the requisite studies have been completed
and adopted and that appropriate evaluation and action, including any necessary revisions
of the zoning code, have been finalized. The duration of this Ordinance may be extended
by adoption of a subsequent Ordinance for a total of not to exceed the statutory limits in
Minn. Stat. 462.355, subdivision 4.
SECTION 6. Variances. The Council may grant a variance to this Ordinance if
the Council finds after careful review of all the facts that a proposal is not contrary to the
intent of the Comprehensive Community Management Plan, that it is compatible with the
zoning and official control amendments being considered by the City, that it does not
adversely impact the health, safety or welfare of the citizens and that it otherwise meets
the requirements of the Orono City Code and state law.
SECTION 7. SeparabilitY Every section, provision, or part of this Ordinance is
declared separable from every other section, provision or part; and if any section,
provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect
any other section,provision, or part.
SECTION 8. Publication. This Ordinance shall be published in THE PIONEER
and THE LAKER and shall be effective immediately.
Adopted by the City Council of the City of Orono on this 23rd day of August,
2004,by a vote of 4 ayes and 0 nays.
ATTEST:
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Linda S. Vee, City Clerk Barbara Peterson, Mayor
Published in the Laker and Pioneer newspapers the week of October 9, 2004.
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