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HomeMy WebLinkAboutOrd #239 - 3rd Ser/Amending Dock Licensing Program ORDINANCE NO. 219 , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES ADDING A PROVISION FOR THE ESTABLISHIMENT OF A DOCK LICENSING PROGRAM THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Article VI is added to Chapter 38,Amusements and Entertainments to read as follows: Article VI Public Lakeshore,Lakeshore Rights of Way and Docks. Subd. 38-900 Definitions. For purposes of this section, the following terms shall have the meaning given them. A. "Dock" shall mean any wharf, pier, boat ramp, boat slip, or other structure constructed or maintained in, upon, or into the water of a lake from either public property or public rights of way. B. "Public property or public rights of way" shall mean all publicly owned property and all public rights of way that are immediately adjacent to a lakeshore, as designated on the dock location map to be maintained at all times by the City pursuant to this Section. C. "Dock accessories" shall mean all structures and materials used in conjunction with a dock including but not limited to boat lifts, buoys, fences or other obstructions and permanent or semipermanent steps, ramps or other structures leading to the shoreline. D. "Dock site" shall mean the property designated in the license issued pursuant to this Section and as designated on the dock location map to be maintained by the City. Subd.38-901 License required.No person shall erect, place, keep, or maintain a dock or other structure from public property or public rights of way without a dock license. Subd.38-902 Applications. Applications for dock licenses shall contain the following information and such other information as the City deems necessary: A. Full name of applicant; B. Address; C. Preferred dock location on the dock location map and dock specifications; Page 1 D. Boat license number of any boats to be moored at the dock. E. An application fee as established by the City Council. The application fee shall be refunded if the applicant is not awarded a dock license. F. Proof of ownership of Residential Lot. Subd. 38-903 Eligible applicants. Property owners of land adjacent to city owned lakeshore parcels as described in the table below are eligible to apply for a dock license for said site or sites. Only one individual per household may apply for a dock license and only one license shall be issued per city owned parcel. Residential Lot Dock site PID 3445 Crystal Bay Road Is eligible for 1711723430123 3435 Crystal Bay Road Is eligible for 1711723430119 3415 Crystal Bay Road Is eligible for 1711723430117 3407 Crystal Bay Road Is eligible for 1711723430115 Subd. 38-904 Application approval and denial. The Dock Administrator shall provide a recommendation to the City Council who shall approve or deny all applications. No application shall be approved if there are any outstanding noncompliance orders against the applicant or if the proposed dock will not comply with all terms of the City Code. Subd. 38-905 Terms of License. Before a dock license is issued, the applicant must sign a license agreement containing the following terms and conditions and other provisions as the Council may require. A. Rights and Liabilities. Except as otherwise provided, a City dock license entitles the license holder to the exclusive use and control of the dock site and the same rights, obligations and liabilities as a private property owner. In addition to the provisions of this Section, all dock license sites shall fully comply with LMCD regulations and all applicable state laws and regulations. B. Indemnification. Dock license holders shall be solely responsible for the dock license site and all activities thereon. The license holder shall indemnify, defend and hold the City, its officers, boards, commissions, agents and employees harmless from and against any and all lawsuits, claims, causes of action, liability, and costs, of any nature that the City may at any time, directly or indirectly, suffer, sustain in any way connected with the grant of a dock license or activities on the dock license site. C. Docks. The license holder shall maintain only one dock at the dock license site. D. License plates. Dock license plates shall be issued by the City after approval of the license application. The license plate must be securely fixed to the streetside end of the licensed dock. License plates shall be maintained by the licensee and shall remain the property of the City. Page 2 E. Transferability. Dock licenses may not be sold, assigned, licensed, or otherwise transferred in any way to any person, partnership or corporation, except that the license may be transferred to a purchaser of the license holder's residential property within the City. Dock space may not be rented. F. Removal of docks. Upon termination of a dock license,the license holder must completely remove the licensed dock and all accessory items, including but not limited to stairs leading to the dock from the public property or public right of way. Any dock or accessory item that has not been removed will be removed by the City and all costs the responsibility of the last license holder for that dock site. G. Dock Construction; specifications and dimensions. 1. Docks on dock sites shall comply with LMCD regulations. 2. Docks shall be constructed of materials approved by the Dock Inspector; docks shall be of plank or rail construction; and all dock posts shall be of equal height above the dock; 3. Docks shall not be located closer than 10 feet to a neighboring dock license site or private property line. The Dock Administrator may refer, and the City Council may grant exceptions where there are unusual circumstances and such an exception will not have a detrimental impact on the lake. The City Council may impose conditions on any exception granted under this subsection. 4. Docks may not be permanently installed. H. Dock accessories. All dock accessories must be approved in writing prior to use at a Dock Site. I. Dock Storage. Docks must be removed from the water no later than November 1. Docks and Dock Accessories may not be stored on the Dock Site between November 1st and April 1st of the following year. J. Declaration of Watercraft—Requirements. Watercraft that are moored at a City dock or multiple slip site must be declared on the Dock License Application. The applicant must provide the City with a copy of the current DNR Watercraft Registration or US Coast Guard documentation or recently applied for DNR Watercraft Registration or US Coast Guard documentation for each watercraft, at the time of application. This DNR Registration or US Coast Guard documentation must verify that the watercraft is in the name of the Licensee. If a declared watercraft is removed from the City dock program, the site holder may substitute a replacement watercraft upon providing the City with required documentation as stated above. Newly declared replacement watercraft may be subject an additional LMCD fee. (1)Allowable Mooring of Non-Owned Watercraft. Mooring of watercraft not owned by the dock licensee is permitted for a period of up to 48 hours, two times in a calendar year. Page 3 Unless permitted under the preceding two subsections, no watercraft shall be moored at a City dock site. K. Subject to inspections. All licensed docks are subject to inspection at reasonable times by the Dock Inspector or his or her designee. L. City Access. The City shall be free to enter the dock site for any reason at any reasonable time and to perform maintenance and regulatory functions to be specified in the terms of the dock license agreement. M.Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the license holder. N. Term. All dock licenses shall be valid for ten (10)years. 0. License Fee. The City Council shall establish license fees. License fees shall not increase during the term of a license. A licensee must pay a license fee in full at the beginning of the term of the license or on a prorated annual basis by April 1 of each calendar year of the term of the license. Failure to pay the license fee by April 1 shall result in the termination the license agreement. In the event the licensee paid a license fee at the beginning of the term, and the license is terminated, the city may refund a prorated amount of the license fee, based on the number of years remaining at the time of refund request, unless the licensee owes the City for costs and expenses as outlined in the license agreement. Subd.38-906 Administration. A.Dock Administrator. The City Council shall appoint a Dock Administrator who shall be responsible for the administration of the City Dock Licensing Program to include: processing applications, and maintaining the dock location map. B. Dock location map. There shall be on file with the City a map maintained by the Dock Administrator showing the approved locations of docks on public land and public rights of way. The map shall contain the following information: 1. Locations of public property and public rights of way; 2. Specific dock locations; 3. A numerical designation for each dock location to correspond with a list of license holders; 4. Restrictions applicable to certain areas of shoreline; 5. Shoreline access points; 6. Shoreline areas available for winter storage. C. Inspections; license revocation. The Dock Administrator or designee shall from time to time inspect any dock erected or maintained on public property or public rights of way. If Page 4 there are any violations of the City Code, state statute or state regulation, the dock license holder shall be notified in writing of the way or ways the dock or dock area does not comply. The license holder shall have fourteen days to remove the dock or otherwise bring the dock license site into compliance. If the violation is not corrected after fourteen days, the license shall be revoked and all property removed from the dock license site unless, within the fourteen days, the Dock Administrator receives from the license holder a written request for a hearing. E. Appeals from any decision of the Dock Administrator shall be as provided for in Section 2-41 of the City Code. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 9th day of March, 2020 on a vote of 4 ayes and 0 nays by the City Council of Orono, Minnesota. ATTEST: Wartka Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker Pioneer newspaper the week of Mar. 14, 2020. Page 5