HomeMy WebLinkAboutOrd #023-3rd Ser/Extending interim moratorium re: wetland atlerations ORDINANCE NO. 23 ,3RD SERIES
AN ORDINANCE EXTENDING AN INTERIM 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. �3_, 3rd
Series.
SECTION 1. Statement of Policy, Findin�s and Purpose• 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 Department 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 (CUP/Variance) 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.
Pursuant to the above findings, the City Council on August 23, 2004 adopted Ordinance
No. 17, 3rd Series, declaring a six month 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. The
moratorium expires on February 23, 2005.
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SECTION 2. Extension of Moratorium. Because the City has not completed its
study and consideration of possible amendments to the official zoning controls to address
the issues related to wetland alteration activities, the moratorium established in Ordinance
No. 17, Third Series is hereby extended by six months to August 23, 2005.
SECTION 3. 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 28th day of February,
2005,by a vote of 5 ayes and 0 nays.
ATTEST:
. �/ ���G� � �
� �
Linda S. Vee, City Clerk Barbara Peterson, Mayor
Published in the Laker and Pioneer newspapers the week of March 12, 2005.
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