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HomeMy WebLinkAboutOrd #094-3rd Ser/Amending regulations re: hardcover/stormwater quality SUMMARY ORDINANCE NO. 94 , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING REGULATIONS GOVERNING THE REGULATION OF HARDCOVER AND ESTABLISI3ING THE STORMWATER QUALITY OVERLAY DISTRICT NOTICE IS HEREBY GIVEN that, on September 24, 2012, Ordinance No. 94, Third Series was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS FURT�ER GIVEN that,because of the lengthy nat0ure of Ordinance No. 94, Third Series, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the Council amends Chapter 78 of the Orono City Code. This ordinance amends the hardcover regulations. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Orono, Minnesota, this 24th day of September, 2012. CITY OF ORONO BY: �. ���,�.. Lili McMillan, Mayor BY: G���o� �"- �.c-e� Linda S. Vee, City Clerk Published in The Pioneer and The Laker newspapers the week of September 29, 2012. 157845v1 ORDINANCE NO. 94 , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING REGULATIONS GOVERNING THE REGULATION OF HARDCOVER AND ESTABLISHING THE STORMWATER QUALITY OVERLAY DISTRICT Section 1. The City Council of the City of Orono hereby amends City Code Chapter 78,Article I.In General, Section 78-1 as follows: All e�sting definitions in Section 78-1 are restated and incorporated herein unchanged with the following definitions to be a.dded in alphabetical order with the existing definitions: Building Footnrint means the outline of the total area covered bv a buildin�'s nerimeter at the Qround level (to the block/foundationl. (11 Caroorts covered norches and other similar buildin�features which have no exterior wa11s shall be included as vart of a buildins footurint bv drawin� a straisht line between the outer ed�es of all sunnort structures (and the main buildin¢if antilicableL (21 The outer ed�e of buildin�nrotrusions.bav windows or other similar features that extend outward from a buildin�and are less than four feet from the �round shall be considered as nart of the building footnrint. Hardcover means a hard surface that nrevents or retards entrv of water into the soil and causes water to run off the surface in Qreater auantities and at an increased rate of flow than nrior to develonment Hardcover sha11 include but not be limited to the followin�• a11 buildin�footurints drivewavs sidewalks steunin�stones retainin� walls natios courts (snort tennis etcl decks nools areas used for the extended outdoor stora�e of vehicles or eauinment and all other similar features or surfaces as determined bv the Citv Eneineer or Citv Planner. Lot Coverage means the total sauare footase of all buildin�footnrints and structures on a narcel Permeable Lining(ZandscaninQ fabric)means a norous material used for weed �revention that allows storm water to nermeate into the �round. r�El�'f' i t�1 .j� Pervious Paver means concrete asnhalt or similar blocks with holes of some kind that allow water to �o throu�h the surface into a snecialized as�re�ate base— consistent of an onen-�raded a�sresate—and into the soils below. Pervious Surface means naturallv occurrin� �roundcover or a varietv of tvnes of navement,navers and other devices that nrovide stormwater infiltration while servin� as a structural surface. Section 2. The City Council of the City of Orono hereby amends City Code Chapter 78,Article IV. District Regulations,Division 11. RPUD Residential Planned Unit Development District, Section 78-626 as follows: Preamble language and current subsections(1)through(5) are restated and incorporated herein unchanged. (6) "•�*���:�ag�eFloor Area Ratio. Floor area ratios (FAR's) shall be limited per the following ta.ble: Maximum Floor Com rehensive Plan Desi ation ° Area Ratio* Low or medium density residential (up � 0.5 to 50 and including 6.0 units per acre) High density residential (in excess of � 1.0 6.0 units per acre) *FAR=Total Building Floor Area/Total Lot Area Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards. Current subsections (7)through(13) are restated and incorporated herein unchanged. (14) Landscaping, screening and buffering Current subsection(a)is restated and incorporated herein unchanged. (b) Minimum landscaping requirements. Current subsections (1.)through(3.) are restated and incorporated herein unchanged. , . 4. All site areas not covered by buildings,sidewalks,parking lots, driveways,trails,patios, or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural sta.te. r� ssrr a"f' i t,` _ . ' Current subsections (5.)through(6.) are restated and incorporated herein unchanged. Current subsections(c)through(g) are restated and incorporated herein unchanged. Current subsections(15)through(21) are restated and incorporated herein unchanged. Section 3. The City Council of the City of Orono hereby amends City Code Chapter 78,Article IV. District Regulations, Division 17. B-6 Highway Commercial District, Section 78-797 as follows: Preamble language and current subsections(1)through(7) are restated and incorporated herein unchanged. (8) Landscaping: Current subsection(a)is restated and incorporated herein unchanged. (b) Minimum landscaping requirements. Current preamble language and subsections(1.)through(2.) are restated and incorporated herein unchanged. 3. All site areas not covered by buildings, sidewalks,parking lots, driveways,patios,or similar�a.se hardcover materials shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural sta.te. Current subsections(4.)through(5.) aze restated and incorporated herein unchanged. Current subsections(c)through(g) aze restated and incorporated herein unchanged. Current subsection(9)is restated and incorporated herein unchanged. .r'cr:r<� _5 .a'` . , Section 4. The City Council of the City of Orono hereby amends City Code Chapter 78,Article IV. District Regulations, Division 18. I Industrial District, Section 78-825 as follows: �a Minimum lot requirements:40,000 square feet. �b Minimum building area: 10,000 square feet. �c Lot width: 200 feet. �d Building setbacks (principal and accessory): �1 Front yard setback: 35 feet. �2 Side yard setbacl� abutting a major street 1: 35 feet. �3 Side yard setback, abutting a minor street 2: 20 feet. �4 Side yard setback, interior: 10 feet. �5 Rear yard setback: 20 feet. 1 This setback applies to side yards adjacent to Wayzata Boulevard and Old Crystal Bay Road. 2 This setback applies to side yards adjacent to all other roads,public or private, within the"I", Industrial District. �e Building height:No structure or building shall exceed three stories and shall not exceed 40 feet in height except as provided in section 78-1366. � Lot coverage:Not more than 35 percent of parcels of three acres or less may be covered by buildings or structures. Not more than 45 percent of parcels may be covered by buildings or other structures; except that when the total building floor area on a site is contained within a single buildi.ng, and when the total area used for loading terminals,docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60 percent will be permitted. �� 3 Et�� � .t, ^ Section 5. The City Council of the City of Orono hereby amends City Code Chapter . 78,Article IX. Shoreland Management,Division 1. Generally, Section 78-1211 as follows: All e7cisting definitions in Section 78-1211 are restated and incorporated herein unchanged with the following exception: • > ; � > > ; > ; > > > ; > > •> ; i ,..:,,..�.ee,.:,,,.„ °oa �., o,,..;,,,, ��.,.;,,. ,.,.,..� ,.r,.o�.,;�;,,,...,.,tt�. ...,�:,.., .,ra �+a....;..,. b Y�� � Y a �r rr a ) > > f f Section 6. The City Council of the City of Orono hereby amends City Code Chapter 78,Article IX. Shoreland Management,Division 3. Shoreland Overlay District Standards, Seciion 78-1288 as follows: Section 78-1288 is hereby deleted in its entirety. Section 78-1288 —Hardcover limitations Hardcover on a111ots within the Shoreland Overlav District shall comnlv with the _ _ _ -- reauirements of Article XIII: Stormwater Oualitv Overlav District. Section 7. The City Council of the City of Orono hereby amends City Code Chapter 78,Article IX. Shoreland Management,Division 3. Shoreland Overlay District Standards, Section 78-1329 as follows: Preamble language and current subsection(1)is restated and incorporated herein unchanged. (2) Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. ,T`c7::< . fa;� . � . Section 8. The City Council of the City of Orono hereby amends City Code Chapter 78,Article XI.Wetlands Protection, Division 1. Generally, Section 78-1601 as follows: Current subsections (a)through(b) are restated and incorporated herein unchanged. The current preamble to subsection(c)is restated and incorporated herein unchanged. Subdivisions (1)through(3) are restated and incorporated herein unchanged. (4) When any construction or land alteration activity that does not fall within the meaning of'redevelopment'has the potential to adversely impact a wetland. For purposes of this section, "the potential to adversely impact a wedand" exists when a11 of the following three conditions e�st: a. The portion of the property disturbed by construction or land altera.tion activity drains to the wetland; and b. The amount of grading exceeds 50 cubic yards or the construction activity involves the disturbance of more than 5,000 square feet of area; and c. The redevelopment activity results in a net increase in the square footage of' ' hardcover that drains to the wetland,or results in the relocation of� s hardcover closer to the wetland,or results in changes to drainage patterns(slopes,meander patterns, etc)that the city engineer determines will increase the velocity or rate of runoff to the wetland. For new development,a11 wetlands on the property shall be subject to the buffer requirements. For redevelopment or other grading or construction situations that are not new development,only the wetland that is potentially adversely impacted shall be subject to the buffer requirement. In the event that the wetland is on an adjacent property but near enough to the subject property so that buffers to said wetland would extend into the subject property,the buffer requirements apply. Section 9. The City Council of the City of Orono hereby amends City Code Chapter - 78,Article XII. Conservation Design,Division 1. Generally, Section 78-1633 as follows: All existing definitions in Section 78-1633 are resta.ted and incorporated herein unchanged with the following exception: r�£,:,r t: �„ ;" Minnesota Land Cover Class�cation System (MLCCS)means the Minnesota Land Cover Classification System (MLCCS) displays data on naturaUsemi-natural and cultural cover types at the highest level of classification. The next four levels of classifica.tion each reveal further specifications such as plant types, soil hydrology, � hazdcover and plant species. Using MLCCS data is the first step in producing a natiu�al resource inventory of a development site. Section 10. The City Council of the City of Orono hereby amends City Code Chapter 78,Article XII. Conservation Design, Division 5. Resources, as follows: Sections 78-1641 —78-1669. Reserved. Section 11. The City Council of the City of Orono hereby amends City Code Chapter 78, by creating a new Artiale XIII. Stormwater Quality Overlay District, as follows: ARTICLE XIII. STORMWATER QUALITY OVERLAY DISTRICT DNISION 1. IN GENERAL � Sec. 78-1670. Purnose. The Citv of Orono recognizes throu�h its comnrehensive nlan that mana�ing stormwater runoff is essential for nrotection of the water aualitv of Lake Minnetonka. for nreservation of the natural wildlife habitat within marshlands. and for nrotection a�ainst floodin�and flood damase. Accordin�lv. the Citv has established this stormwater aualitv overlav district to organize re�ulations deemed necessarv to ensure hish aualitv stormwater runoff throu�hout the Citv. Sec. 78-1671. Adontion of the Stormwater Oualitv Overlav District Man. The man enritled Citv of Orono Stormwater Oualitv Overlav District Man. dated Sentember 24. 2012.hereinafter referred to as the "Stormwater Overlav District Man." and all exnlanatorv matters thereon, are herebv adonted and made a nart of Article XIII. Stormwater Oualitv Overlav District. f Sec. 78-1672. District Annlication. (a) The nrovisions of Article XIII shall annlv to all narcels within the iurisdiction of Orono that are shown to be within one of the stormwater aualitv nrotection zones deuicted on the Stormwater Overlav District Man. `'ct=�< � U1 : (b) All narcels within the Stormwater Oualitv Overlav District shall adhere to both the seneral reauirements for all overlav district narcels listed in Division 2 as well as the snecific reauirements in Division 3 for the stormwater aualitv nrotection zone to which the narcel is assiQned. Sec. 78-1673—78-1679. Reserved. DIVISION 2. GENERAL REGULATIONS FOR ALL PARCELS WITHIN THE STORMWATER QUALITY OVERLAY DISTRICT Sec. 78-1680. Hardcover Restriction Zones. Within 75 feet of the Ordinarv Hi�h Water Level (OHWLI of anv lake or tributarv. and within anv bluff or shore imnact zone.no hardcover shall be nlaced. located or c nstructed. exceut for drivewavs. stairwavs, lif�s, landin�s and lockboxes as reQulated bv the shoreland overlav district. Sec. 78-1681. Drivewavs, in �eneral. All drivewavs shall comnlv with the followin�minimum dimensional standards: (1) Drivewavs servin� end loadin� sarages shall maintain a width eauivalent to the width of all overhead doors extendin� 15 feet out from the �ara�e doors. (2) Drivewavs servin�side loadin� garages shall nrovide a minimum turn around or back un denth of 20 feet. as measured from the eara�e door(sl. (3) Minimum drivewav taner ratio sha11 be 2:1. (4) Drivewavs shall be at least eisht feet in width at the street or brivate road. (5) A turnaround shall be nrovided for a drivewav with direct access to an arterial or collector roadwav. or for a side load �ara�e as determined necessarv bv the citv nlanner. The minimum dimensions of the turnaround shall be ei�ht feet in width bv 12 feet in denth. (6) "Wheel strin" drivewavs are allowed.but the entire width of the drivewav(from outside to outside of the strinsl will be considered hardcover. Drawin� 1 is included for illustrative nurooses. ,�'[j:�� r�.{i_ ; Drawing 1: Minimum Driveway Standards �---•,.. �' ..�— �at�a.tp�I�'t � r �r"'��;�" � �Ir"R��rwi) � $��MI"#1tT'�3t'i'� �.�d� � � � � � ��� � � � � j,.�: � � �f.�tit �`h��. L�i.L� �r� ' �Mti't� Mi�im�m t�:dfh�' ,� Gaaagw�t' �� � �` = � � � � � Mi�irr�e€rn Ta� � Q�i��``�Y'4�� �.� � � �' Minir�;�t�'. ;,� s2f?' Max�rrtt�t�; ,:. I�ive�array 1�ti� 1 � 8't�tini�m S' �, �'�!. � $2�'l�1[t�,ttTt�l—�---+nn �g�-�`�4ih.-0i-�►�� i ; (i.ii:Lii1?; t � E 1 i t ��r��rr�urn D�ri���rvay� ���r�c��r�� jct�: {F r1� :" SQc 78-1682 Shared Driveways Where one or more nroverties (referred to as secondarv tironertvl �ain its drivewav access from an adiacent nronertv(a nrimarv nronertvl bv virtue of a drivewav easement the followin� shall annlv: (1) The vortion of the shared drivewav on the nrimarv nronertv that serves both nrimarv and seconda�rv nronertv shall be considered hardcover for the nrimarv pronertv. (2) That nortion of the drivewav on the nrimarv nronertv that serves onlv secondarv nronertv shall not be considered hardcover for either nrimarv or secondarv uronertv. Drawin�2 is included for illustrative nuruoses. ,_ . ���`<� f t ;�' Drawing 2: Driveway Easements �r-r r-T r-sr-r T�_.__....__ �_�.�............_._._,.�...._.�c`1:�.'.��'�"C'C"C'� � I� � ! � � i�: Htt�:.�:s� � � � H�� � � . � ����� ����� � �E r..�r�.1..r.e..r_.e.�.,�_����5 � E � G�t�'�s���:�.�,.s.s..�s.i�1.s.:.5 � � � �� ..a E � �. - � ( i I t � 1 t � t 1 I I ! I I I j �nc��aa�ch�d Ben�fi#.te�i � � �rt�►p�rt� - � �rope�ty i � � � t r � � � t �..�_.....____ _ ....a..,._______�.....________� �i^!T 1TT T'�T T����.����.�,�.�..��...�.r.�...�.�.�.���.^+."C Ts"�""i'�"C"T::,�'C`� t � 1� � 1 � ,� � j� � '� l � H � 1 � �-�,-:-,T.�, �:-�,..�.�� ,� ��..rt�c.�.r.�.L.c�rr.���.r� �tt� '� � � `�"ae�t�������..�s s�Ls.:.ss 5.�:� � j r�r.c .� 1 � ss � I � Encraac��� � B�nefr��d � � Pr+�per�y i �'�'�P�� i I f I E t i 1 I t I ! � f 1 I I � t I . I t L._.�_.��__...�_.------_._�.��_._..._.._._�__.__��___J f,r''� ����dab€��ce�-��c�v��in a��ea �'` �; fi��rv�-o��c�c;� tc�. AIs� r;�r aKl�zo t�t�ard��ca��ratia�s s�r tt�-�ft�d P�r�°. t��t���nr�y Eas�t�+�n�s F L"'C : f t' i Sec. 78-1683. Standard Hardcover Inclusions. The followin�hardcover items shall be included in nrotiosed hardcover calculations re�ardless of whether the noted features are nronosed to be constructed at the time of a building bermit annlication: (1) Proof of a two-car �arase (detached or attachedl: (2) A drivewav for all �arases. a minimum of twelve (121 feet in width. subiect to the standards in Section 78-1681; (3) A 24-inch wide sidewalk connectin�the front door to the drivewav: (4) The minimum stairwav or landin�at all exterior doors as reauired bv the buildin�code: and (5) Existin�hardcover which encroaches (lesallv or illesallvl onto an adiacent barcel or narcels. a. In such cases of encroachment. the sauare footase of all encroachin� hardcover sha11 be added to the overall hardcover on the subiect lot: b. No credit sha11 be siven towards the overall lot size of the subiect lot. Sec. 78-1684. Standard Hardcover Exclusions. Landscanin�with nermeable linin�shall not be considered hardcover. Additionallv, the followin�hardcover items shall be excluded from hardcover calculations: (1) Roads, trails. sidewalks. utilities and other hardcover encroachments intended for the nublic's benefit: (2) Hardcover encroachments created bv imnrovements on adiacent nronertv not owned bv the subiect landowner; a. In such cases of encroachment,the sauare footase of all encroaching hardcover shall not be added to the overall hardcover counting a�ainst the subiect lot: b. The land area unon which the encroachment rests shall count towards the overall lot area for the subi ect lot. (3) Retainin�walls: (4) Handicavned ramns with a nervious surface below: and (5) The first 100 sauare feet of nervious naver natios/walkwavs or the first 100 sauare feet of deck with a minimum 1/ inch snacing between boards and a nervious surface below the deckins. �-^ _ . <<7°�r% . _ ;t; s - Sec. 78-1685. Massing Standards. (1) Non-Industrial Zonin�Districts Excent for narcels zoned Industrial, all lots in the Stormwater Oualitv Overlav District that have a �ross acrea�e of less than two (2.01 acres shall comnlv with the followin�massine standards for structures. a. Maximum Total Footurints Allowed 1. On lots eaual to or greater than 10.000 sauare feet in area, the total combined footnrints of all nrincinal and accessorv structures shall not exceed 15 nercent of the Qross lot area. 2. On lots of less than 10.000 sauaze feet in area. the total combined footnrints of a11 nrincinal and accessorv structures_shall not exceed 1.500 sauare feet. b. Calculation of Massin� The followin�shall be included in the calculation of the total combined footqrints bv structures: 1. All roofed structures more than six feet above Qrade level. 2. Tennis courts.natios. decks. and all similar oven structures when partiallv or fullv enclosed bv fences. railinss or walls which extend more than six feet above �rade level (if anv nortion of such structures extends more than six feet above �ade level, the entire structure shall count toward lot covera�el. (2) Industrial Zoning Disfxict For narcels zoned Industrial.the following massing standards for structures hal� a. On lots eaual to or less than three l31 acres in area. the total combined footurints of all nrincinal and accessorv structures shall not exceed 35 nercent of the �ross lot area. b. On lots areater than three (31 acres in area. the total combined footnrints of all nrincinal and accessorv structures sha11 not exceed 45 nercent of the �ross lot area; excent that when the total buildin�floor area on a site is contained within a sin�le building, and when the total area used for loadin� terminals. docks and berths is comnletelv enclosed within the same sinsle buildin�. a lot covera�e of not more than 60 nercent of the Qross lot area will be nermitted. u��,T; . . t�; ._ Sec. 78-1686. Variances. Variances to hardcover, if Qranted on lots within the Stormwater Oualitv Overlav District mav be subiect to miti�ation measures deemed annronriate bv the Citv Council to offset the imnacts �enerated bv the nronosed additional hardcover. SPc 78-1687—78-1699 Reserved DIVISION 3 REGULATIONS BASED ON ASSIGNED PROTECTION TIER AND UNDERLYING ZONING Sec 78-1700. Snecific Tier Re�uations. Per the official Stormwater Oualitv Overlav District Man. each nronertv in the stormwater aualitv nrotection overlav district is assi�ned to a_tirotection tier based on its relative distance to receivin�waters. This nrotection tier dictates the snecific nrotection measures that must be imnlemented. (1) Tier 1 Parcels Hardcover sha11 not exceed twentv-five (251 nercent of the Qross lot area. (2) Tier 2 Parcels Hardcover shall not exceed thirtv 1301 nercent of the �ross lot area. (3) Tier 3 Parcels Hardcover shall not exceed thirtv-five 1351 nercent of the Qross lot area. (4) Tier 4 Paxcels Hardcover shall not exceed fiftv(501 nercent of the �ross lot area. (5) Tier 5 Parcels Hardcover shall not exceed ei�htv-five (851 nercent of the aross lot area. ec. 78-1701. ier Assignment Methodologv The inclusion of tiarcels into the Stormwater Oualitv Overlav District is based on the following methodolo�v. (1) Examine each narcel and determine whether or not it abuts a nrotected lakeshore or stream. a. All narcels that abut a nrotected lakeshore or stream shall be nlaced into Protection Tier l. k.�tfur ..-,. r�,: . b. All narcels that do not abut a nrotected lakeshore or stream shall be examined under the criteria in section 78-1701(21 below. (2) Determine the location of the nrimarv buildin�area on the narcel bein� examined. The nrimarv buildin�area shall be identified bv the location of an existin� ---- nrimarv structure (if annlicablel. or bv considerinS reauired setbacks andlor the avera�e location of structures on adiacent lots. a. If the brimarv buildin� area is whollv within 250' of a nrotected lakeshore or stream. the narcel shall be tilaced into Protection Tier 1. b. If the nrimarv buildin� area is whollv NOT within 250' of a nrotected lakeshore or stream the narcel shall continue to be examined under the criteria in section 78-1701131 below. c. If the nrimarv building area is divided bv the 250' delineation line,the followinS assessment shall guide the desienation: i. If an acliacent narcel abutting bv a side lot line is alreadv assi�ned to Protection Tier 1 the narcel shall be nlaced into Protection Tier 1. ii. If all adiacent narcels abuttin�bv a side lot line have not been assimed to a nrotection tier the narcel shall continue to be examined under the criteria in section 78-1701(31 below. (3) Usin�the location of the nrimarv buildin�area as identified in section 78- 1701(21, determine the distance between the nrimarv buildin�area and the nearest nrotected lake or stream. Distances shall be measured from the reauired setback neazest the nrotected water bodv to the OHWL. a. If anv nortion of the nrimarv buildin� area is at a distance of 300' or less from a nrotected stream or is at a11 touchine the landward extent of floodnlain from a stream. the narcel shall be nlaced into Protection Tier 2. b. If anv nortion of the nrimarv buildin�area is at a distance between 250' and 500' from a brotected lakeshore. the narcel shall be nlaced into Protection Tier 2. c. If the nrimarv buildin� axea is at a distance ereater than 500' and un to 1000' from a nrotected lakeshore.the narcel shall be nlaced into Protection Tier 3. d. If the nrimarv buildin� area is bevond a distance of 1000' from a nrotected lakeshore or stream the narcel shall continue to be examined under the criteria in section 78-1701(41 below. ��,�r ,,- :,� , (4) Determine the zonin� of the subiect narcel. a. If the nronertv is zoned Residential Planned Unit Develonment(RPUDI. the narcel shall be nlaced into Protection Tier 4. b. If the nronertv is zoned Industrial (Il,the narcel shall be nlaced into Protection Tier 5. c. If the varcel bein� examined has not vet been assi�ned to a Protection Zone the narcel shall continue to be examined under the criteria in section 78-1701(51 below. (5) Determine whether the unassiened narcel (or Eroun of unassigned narcelsl is within a �an. A �an is an area of 20 acres or less that is lar�elv surrounded bv barcels assisned to nrotection tiers. Roadwavs. if tiresent. will be used as a dividin�line when identifvin� �an areas. a. BeQinnin�with narcels on an individual basis,if more than half of the border of a narcel is reQulated via one of the nrotection tiers. the narcel shall be nlaced into the tier which abuts the varcel bv the sreatest nercenta�e. b. UnassiQned narcel srounin�s of 20 acres or less that have more than half of the �roub's overall border reeulated via one of the vrotection tiers shall be nlaced into the tier which abuts the �roun area bv the �reatest nercenta�e. c. Parcels still unassianed to a nrotection tier followine review under Section 78-1701(Slfbl above shall be exemvt from Stormwater Oualitv Overlav District resulations. As new narcels are created within the Citv as a result of subdivision. each new narcel shall be examined under this methodolo�v to determine whether it belonss within a nrotection tier as nart of the overlav district or be exemnt from the re�ulations of this icle. Sec 78-1702—78-1724. Reserved. r;t�,r� 'r, f1� _ Section 12. Effective date. This ordinance shall be effective upon adoption and publication according to law. ADOPTED this 24th day of September, 2012 by the Orono City Council. CITY OF ORONO �4.�(! �rX � �e.,LSI� � Lili Tod McMillan, Mayor ATTEST: ,�z��,,�U.�� Linda S. Vee, City Clerk Summary Ordinance published the week of September 29, 2012 in The Pioneer and The Laker newspapers. ''L7�r/' . _ro, ..e.