HomeMy WebLinkAboutOrd #243 - 3rd Ser/Amending grading regs ORDINANCE NO. 2-43,THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING THE REGULATIONS AND STANDARDS FOR GRADING AND
LAND ALTERATION ACTIVITIES THROUGHOUT THE COMMUNITY,INCLUDING THE
SHORELAND OVERLAY DISTRICT
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Sec. 78-1 shall be amended by adding text to read as follows:
Stockpiling: On-site storage of 10 cubic yards or more of soil and/ or aggregate in a concentrated state
where the material is intended to be distributed throughout the site or exported from the site.
Yard, lakeshore-means a yard lying between the natural ordinary high water mark of a public water en
the lakeshore and a line parallel to it at the Shore Setback . ' . - - . - - .. '•-, -
SECTION 2. Article IX of Chapter 78 shall be amended by adding text and deleting to read as
follows:
ARTICLE IX. - SHORELAND MANAGEMENT"
Sec. 78-1220. -Zoning district compliance with minimum requirements.
(a) The zoning district standards of this chapter currently comply with the lot size, lot width, permitted
use and conditional use standards set forth by the department of natural resources shoreland
management regulations,MR 6120.2500-6120.3900.
(b) The following city zoning districts are partially or fully located within the Shoreland Overlay District:
LR-1A RR-1A B-1
LR-1B RR-1B B-2
LR-1C RR 1B l RS B-3
LR-1C-1 RS B-5 B-4
B5
DIVISION 2. -ADMINISTRATION AND ENFORCEMENT"
Sec. 78-1247. -Land alteration and building permits required.
A permit is required for the construction of buildings, building additions,related work such as
construction of decks and signs, installation or alteration of sewage treatment systems, grading and filling
activities, and other activities as regulated in article X, Division 7 Grading and Land Alterations
elsewhere in this Code.
Nage 11 Final Draft
Sec. 78-1252. -Nonconformities.
All legally established nonconformities as of February 24, 1992, may continue subject to applicable
state statutes and as regulated elsewhere in this Code. In shoreland areas,the following standards shall
also apply:
(1) Construction on nonconforming lots of record. Development or use of existing lots of record
shall be regulated as set forth in section 78-72.
(2) Additions/expansions to nonconforming structures. All additions or expansions to the outside
dimensions of an existing nonconforming structure must meet the setback, height, and other
requirements set forth in this chapter.Any deviation from these requirements must be authorized
by a variance pursuant to provisions of this chapter.
(3) Nonconforming sewage treatment systems. A nonconforming sewage treatment system (also
defined as a noncompliant system) as defined in section 58-41 and located within the Shoreland
Overlay District must be upgraded and made conforming, at a minimum, at any time a permit or
variance of any type is required for any improvement on, or use of, the property, except that
systems which are noncompliant due solely to lack of three feet of unsaturated soil or sand
between the distribution device and the limiting soil characteristics shall have seven years in
which to become compliant per the provisions of chapter 58, article II, of this Code. All other
noncompliant sewage treatment system provisions of chapter 58, article II, of this Code shall
apply to all shoreland areas.
Secs. 78-1253-78-1275. - Reserved.
DIVISION 3. - SHORELAND OVERLAY DISTRICT STANDARDS
Sec. 78-1276. -Generally.
The Shoreland Overlay District standards are in addition to the requirements set forth in this chapter
for the various zoning districts. In case of conflict,the most restrictive provision applies.
Sec. 78-1277. -Minimum lot area/lot width standards.
Minimum lot area and lot width standards of the underlying zoning district shall apply,with the
following exceptions:
(1) No lot within 1,000 feet of a general development lake and approved for duplex use per sections
78-228(84-0), 78-253(8-1-0), 78-303(940), 78-328(9), 78-348(10), or 78-367(10) shall be less than
135 feet in width nor less than 26,000 square feet in area, if riparian, nor less than 17,500 square
feet in area, if nonriparian, but such lot shall also meet the minimum lot area and width
requirements of the respective underlying zoning district.
(2) No lot within 300 feet of a tributary and approved for duplex use per sections 78-228(8-1-0), 78-
253(8-10), 78-303(9-1-0), 78-328(9), 78-348(10),or 78-367(10)shall be less than 150 feet in width
when no sewer is available, nor less than 115 feet in width when sewer is available, but such lot
shall also meet the minimum lot width requirements of the respective underlying zoning district.
Sec. 78-1279. - Placement of buildings and structures on lots.
When more than one setback applies to a site, buildings, structures, and facilities must be located to
meet all setbacks. Buildings and structures shall be located as follows:
* Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings
and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various
zoning districts.
(3) Bluff impact zones. Buildings, structures and accessory facilities,except stairways, landings and
lock boxes,must not be placed within bluff impact zones.
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(4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots
or parcels without public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level setback or be
substantially screened from view from the water by vegetation or topography,assuming summer,
leaf-on conditions.
(5) Fences, docks, retaining walls. No fence shall be placed within the Ghore setbackShore Setback
zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject
to the regulations for landings per section 78-1282.Retaining walls shall not be placed within the
shore setbackShore Setback zone.
Sec. 78-1282. -Driveways, stairways, lifts and landings.
(a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the
property has no other frontage on or access to a public or private road.
(b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access
up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in
the rShore Setback zone and must meet the following design requirements:
(1) Stairways and lifts must not exceed four feet in width.
(2) Landings for stairways and lifts shall not exceed 32 square feet in area.
(3) Canopies or roofs are not allowed on stairways, lifts, or landings.
(4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or
placed into the ground, provided they are designed and built in a manner that ensures control of
soil erosion.
(5) Stairways,lifts and landings must be located in the most visually inconspicuous portions of lots,
as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever
practical.
(6) Facilities necessary to provide shore area access to physically handicapped persons shall be
allowed,provided that the dimensional and performance standards of subsections(1) (5)of this
section are completed in addition to the requirements of the Minnesota Regulations,chapter 1340.
(7) A building permit shall be obtained for construction of stairways, lifts and landings regardless
of whether such improvements are constructed above, at or below grade.
Sec. 78-1283. - Steep slopes.
Any applicant requesting a permit for construction of sewage treatment systems, roads, driveways,
structures, grading~or other improvements on steep slopes shall provide adequate information to allow the
city to evaluate possible soil erosion impacts and development of visibility from public waters before
such permit may be issued. Grading plans prepared for steep slopes shall be prepared by a Professional
Engineer licensed by the State of Minnesota. When determined necessary, conditions shall-may be
attached to issued permits to prevent erosion and preserve existing vegetation screening of structures,
vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on
vegetation.
Sec. 78-1285. -Vegetation alterations.
(a) (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of
six inches or more(or 19 inches in circumference or greater)measured three feet above the ground
may be removed without first obtaining a permit from the city staff.
Live trees removed within 75 feet of the shoreline shall be replaced based in the following manner:
•
Page 13 Final Draft
1. Trees less than 36 inches in diameter 1 inch of replacement tree per inch of tree
diameter removed
2. Trees greater than 36 inches in diameter, 1/2 inch of replacement tree per diameter
inch of tree removed
-1-3.Replacement trees shall be at least 1.5 inches in diameter, and of a type approved
by the City, provided that at least the equivalent number of replacement trees of a
size and nature found acceptable to the staff are planted at the same setback from
the shoreline as those removed. Removal of trees that are dead shall not require a
permit, but such trees must be inspected by city staff prior to their removal.
(b) Intensive vegetation clearing within 75 feet of the shoreline,on steep slopes or within the bluff impact
zone within the Shoreland Overlay District is prohibited.Limited clearing of shrubs and trees less than
six inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a
view to the water from the principal dwelling site and to accommodate the placement of permitted
stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted
lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the
water, assuming summer, leaf-on conditions, is not substantially reduced.
Sec. 78-1286.—Topographic alterations/grading and filling.New Public and Private roads.
_(a) Permit Required. A plan showing proper drainage and protection of adjoining properties shall be
. : b .... . .. . - . . . - . . . "' . . .. . .(a) Grading and filling and excavations necessary for the construction of structures, sewage treatment
systems, and driveways under validly issued construction permits for these improvements do not
require the issuance of a separate grading and filling permit. However, All grading and filling activity
. .. . .. . . . --- , , ... --• , . . • .
(b) Grading,filling or excavating of more than 50 cubic yards is prohibited without an interim use permit
within the shore setback of the public waters enumerated in section 78 1217.
(c) New Public and private roads,driveways,parking areas,and public or private watercraft access ramps
shall not be constructed within the shore setbackShore Setback of the public waters enumerated in
section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning
variance review procedure, and such review shall consider the following:
(1) Such improvements shall be designed to take advantage of natural vegetation and topography to
achieve maximum screening from view from public waters.
(2) All roads and parking areas shall be designed and constructed to minimize and control erosion
to public waters consistent with the requirements of all agencies with jurisdiction and in
accordance with City Code chapter 79.
Page 14 Final Draft
(3) Import/export of more than 500 cubic yards of material within the Shoreland Overlay District
alteration permit
(e) Permits arc issued based on the applicant's ability to meet and adhere to the following standards:
(1) Grading or filling in any type 1,2,'3, 1,5, 6, 7 or 8 wetland must be evaluated to determine how
b. Storage of surface runoff to prevent or reduce flood damage;
c. Fish and wildlife habitat;
d. Recreational use;
c. Shoreline or bank stabilization; and
f. Noteworthiness, including special qualities,such as historic significance, critical habitat for
local, state or federal agencies including but not limited to watershed districts,state Department
of Natural Resources, or the United States Army Corps of Engineers.
('1) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer
(5) Fill or excavated material must not be placed in bluff impact zones.
•
•
the commissioner of the department of natural resources under Minn. Stat. § 103G.245.
(7) Alterations of topography must only be allowed if they are accessory to permitted, conditional
(8) Placement of natural rock riprap,including associated grading of the shoreline and placement of
vertical,the landward extent of the riprap is within ten feet of the ordinary high water level, and
the height of the riprap abovethe ordinary high water level does not exceed three feet. A riprap
permit shall be obtained per the requirements of section 78 969.
. . _ • .. .
elevation or the ordinary high water level arc subject to approval of the Department of Natural
Sec. 78-1289. - Standards for commercial, public and semipublic uses.
(a) Surface-water-oriented commercial uses and public or semipublic uses with similar needs to have
access to and use of public waters may be located on parcels or lots with frontage on public waters, if
permitted by the underlying zoning district standards.Those uses with water-oriented needs must meet
the following standards:
Page 5 Final Draft
(1) In addition to meeting impervious coverage (hard cover) limits, setbacks, and other zoning
standards in this article, the uses must be designed to incorporate topographic and vegetative
screening of parking areas and structures.
(2) Uses that require short-term watercraft mooring for patrons must centralize these facilities and
design them to avoid obstructions of navigation and to be the minimum size necessary to meet
the need.
(3) Uses that depend on patrons arriving by watercraft may use the minimum amount of signage and
lighting necessary to convey needed information to the public, subject to the following general
standards:
a. No advertising signs or supporting facilities for signs may be placed in or upon public waters.
Signs conveying information or safety messages may be placed in or on public waters by a
public authority or under a permit issued by the county sheriff.
b. Signs may be placed, when necessary, within the Shore sctbackShore Setback zone if they
are designed in size to be the minimum necessary to convey needed information. They must
only convey the location and name of the establishment and the general types of goods or
services available. The signs must not contain other detailed information such as product
brands and prices, must not be located higher than ten feet above the ground, and must not
exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded
or directed to prevent illumination out across public waters.
c. The aggregate square footage of sign space per property shall not exceed the limitations on
sign square footage as regulated in article X, division 4, of this chapter.
d. Non_sign-related outside lighting may be located within the lakeshore setback zone or over
public waters only if it is used primarily to illuminate potential safety hazards and is shielded
or otherwise directed to prevent direct illumination out across public waters. This does not
preclude use of navigational lights.
(b) Uses without water-oriented needs must be located on lots or parcels without public waters frontage,
or, if located on lots or parcels with public waters frontage, must either be set back double the normal
ordinary high water level setback or be substantially screened from view from the water by vegetation
or topography, assuming summer, leaf-on conditions.
Sec. 78-1290. -Agricultural use standards.
(a) When permitted in the underlying zoning district, general cultivation farming, grazing, nurseries,
horticulture,truck farming and wild crop harvesting shall be allowed in the Shoreland Overlay District;
except that no such activity shall occur within the Shore setbackShore Setback zone nor on steep slopes
or bluff impact zones. Steep slopes,Shore setbackShore Setback zone and bluff impact zones shall be
maintained in permanent vegetation.
Sec. 78-1292. - Extractive use standards.
In addition to Interim Use Permit requirements included within Article XIV of this Chapter,the
following standards apply:
(a) Site development and restoration plan. An extractive use site development and restoration plan must
be developed, approved and followed over the course of operation of the site. The plan must address
dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation
and topographic alterations. It must also identify actions to be taken during operation to mitigate
adverse environmental impacts, particularly erosion, and must clearly explain how the site will be
rehabilitated after extractive activities end.
Page 16 Final Draft
(b) Setbacks for processing machinery. Processing machinery must be located consistent with setback
standards for structures buildings from ordinary high water levels of public waters and from bluffs.
Secs. 78-1296-78-1320. -Reserved.
Sec. 78-1331. -Conversion.
Existing resorts or other land uses may be converted to planned residential developments if all of the
following standards are met:
(1) Proposed conversions must be initially evaluated using the same procedures for PRDs involving
all new construction. Inconsistencies between existing features of the development and these
standards must be identified.
(2) Deficiencies involving water supply and sewage treatment, impervious coverage, open space,
and shore recreation facilities must be corrected as part of the conversion or as specified in the
conditional use permit.
(3) Shore tbackShore Setback zone and bluff impact zone deficiencies must be evaluated, and
reasonable improvements be made as part of the conversion. These improvements must include,
where applicable,the following:
a. Removal of extraneous buildings, docks or other facilities that no longer need to be located
in shore setbackShore Setback zone or bluff impact zone.
b. Remedial measures to correct erosion sites and improve vegetative cover and screening of
buildings and other facilities as viewed from the water.
c. If existing dwelling units are located in the sckShore Setback zone or bluff impact
zone, conditions shall be attached to approvals of conversions that preclude exterior
expansions in any dimension or substantial alterations. The conditions must also provide for
future relocation of dwelling units, where feasible, to other locations, meeting all setback
and alteration requirements when they are rebuilt or replaced.
(4) Existing dwelling unit or dwelling site densities that exceed the standards in section 78-1326
may be allowed to continue but must not be allowed to be increased, either at the time of
conversion or in the future. Efforts must be made during the conversion to limit impacts of high
densities by requiring seasonal use, improving vegetative screening,centralizing shore recreation
facilities, installing new sewage treatment systems, or other means.
Secs. 78-1332-78-1365. - Reserved.
Page 17 Final Draft
SECTION 3. Division 7,Article X of Chapter 78 shall be amended by adding and deleting text
to read as follows:
DIVISION 7.- GRADING AND LAND ALTERATIONS
Sec. 78-1590. -Purpose.
The purpose of this section is to promote the health, safety, and welfare of the community and to
establish reasonable uniform limitations, standards, and controls for land alterations, excavating, filling
and grading within the city. The regulations will allow the city to better manage stormwater discharge,
ensuring drainage does not negatively impact neighboring properties,manage hauling traffic and noise,
and prevent erosion issues onto adjacent properties, wetlands, lakes, and roads. It is the intent that
development conform to the character of the land wherever practical, and the reconfiguration of the land
necessary to support development be kept to the minimum amount necessary.
Sec. 78-1591.- Information Required. All information required by the city shall be submitted for
review. Required information may include, but is not limited to: Grading plans, cut/fill calculations, haul
route proposals, erosion control plan,and Watershed district comments.
a. Grading plans involving Steep Slopes, Bluffs, or prepared for slope failure mitigation shall be
prepared by a professional engineer licensed in the State of Minnesota. Grading plans A
shall show' rope drainage n r thea
ad p otecton of adiotnm�
b._ The cityengineer shall have the authority_to refer any regpests for land alter ti n permits to the
city council for review and approval in instances where_the land alteration appears to create
nn_eative.impacts to the infrastructure network, length of time of the project,or be inconsistent
with the goals and policies of the community management_pia ..
Page 18 Final Draft
Sec. 78-1592 Permit Required
1. ^dministrative Ppermit required-
• : . i - : : :a" _ - : : -• . • : : :: .. - . - . --
ince---_=--� --
(a) (a)—Unless approved as part of a project in which a permit has been issued, a separate land
alteration permit shall be required for the following.
Location ACTIVITY
Lake Yard or Shore Activity in the All other areas, lots All other areas, lots
Setback Zone Shore land Overlay that are 5 acres or greater than 5 acres
District, but outside less in size
the Lake Yard
Grading 0-10 Cubic yards, or 50-2,500 cubic yards, 50-2,500 cubic yards, 50-5,000 cubic yards,
0-1,000 sq ft of arfea or 5,000-10,000 sq ft or 5,000-10,000 sq ft or 5,000-20,000 sq ft
of area of area of area
Import/Export Between 10 CY and Between 50 and 500 Between 50 and Between 50 and
up to 500 CY CY 2,500 CY 5,000 CY
Stockpiling Up to 90 days Up to 180 days Up to 180 days Up to 180 days
(1)Normal and customary grading in the arca of an existing or a newly constructed building; or
the grading of the driveway serving such building; and less than 500 cumulative
import/export of material, except for fill required to raise grade for adequate frost footing
(2) Import/export of 51 500 cubic yards which does not adversely impact the existing drainage,
(3)Changing the grade on a lakeshore property within the shore setback up to 50 cubic yards.
a. Exception. A building permit or land alteration permit is not required for earth movement
50 cubic yards or less outside the shore setback.
('1) Repair or restoration of grade within the shore setback provided import/export does not
(5) Stockpiling less than 500 cubic yards of material provided that the following documents be
submitted:
a. An erosion control plan, meeting the standards of chapter 79; and
b. Proposed haul routes.
(6) Installation of septic systems in accordance with chapter 58, Environment, article II, on site
sewage-Efispeeal,
- . .II -
€eet:
Page 19 Final Draft
(-OM Sec. 78 1592. Within Shoreland Overlay District . - . : °:::: •
management.
(a) Permit Required within Shoreland management and Floodplain management. A plan
engineer shall have the authority to refer any requests for land alteration permits to the city
- • -1.47, - ._:..°- " ..._ -_ .. .
All grading and filling activity as a part of approved permits for construction of structures, sewage
treatment systems, and driveways shall adhere to the Standards for Issuance of this article. 1
within the shore setback of the public waters enumerated in section 78 1217.
(d) Except for those projects requiring permits for construction of structures, sewage treatment systems
(2) Import/export of 51 through 500 cubic yards of material anywhere within the Shoreland Overlay
District, except for within the Shore Setback.
(3) Import/export of more than 500 cubic yards of material within the Shoreland Overlay District interim
Sec 78-1593 Standards for Issuance
(e)
(A) In addition to the rules, process, and procedures outlined with Chapter 79, Construction Site Runoff
Control of this Code, Permits are issued based on the applicant's ability to meet and adhere to the
following standards:
(1) Grading or filling in any type 1, 2, 3,4, 5, 6, 7 or 8 wetland must be evaluated to determine how
extensively the proposed activity would affect the following functional qualities of the wetland:
a. Sediment and pollutant trapping and retention;
b. Storage of surface runoff to prevent or reduce flood damage;
c. Fish and wildlife habitat;
d. Recreational use;
e. Shoreline or bank stabilization; and
f. Noteworthiness, including special qualities, such as historic significance, critical habitat for
endangered plants and animals, or others.
This evaluation must also include a determination of whether the wetland alteration being
proposed requires permits, reviews or approvals by other sections of city ordinances or by other
local, state or federal agencies including but not limited to watershed districts, state Department
of Natural Resources, or the United States Army Corps of Engineers.
(2) Alteration activities shall be in accordance with City Code section 79-9 Minimum SWPPP Best
Management Practices(BPMs), including, but not limited to:
Page 110 Final Draft
a. Alterations must be designed and conducted in a manner that ensures only the smallest
amount of bare ground is exposed for the shortest time possible.
b. Mulches or similar materials must be used,where necessary, for temporary bare soil
coverage, and a permanent vegetation cover must be established as soon as possible.
c. Methods to minimize soil erosion and to trap sediments before they reach any surface
water feature must be used.
d. Altered areas must be stabilized to acceptable erosion control standards consistent
with the field office technical guides of the local soil and water conservation districts and
the United States Natural Resources Conservation Service.
(3) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(4) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer
for continued slope stability and must shall not create finished slopes of 30 percent or greater.
(5) Fill or excavated material must shall not be placed in bluff impact zones, unless approved by the
City engineer as part of a slope stabilization project.
(6) Any alterations below the ordinary high water level of public waters must first be authorized by
the commissioner of the department of natural resources under Minn. Stat. § 103G.245.
(7) Alterations of topography may only be permitted must only be allowed if they are accessory to
permitted, conditional use or interim use and if they do not adversely affect adjacent or nearby
property.
(8)—Any permit involving the import or export of material, the proposed haul route shall maximize
use of County and State roads and be approved by the City Engineer. In addition, , the City
Engineer shall review the proposed haul route and document the condition of the city streets prior
to import/ export activity. The city may require an escrow deposit to guarantee repair of city
streets damaged by the hauling activity. Placement of natural rock riprap, including associated
not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within
level docs not exceed three feet.A riprap permit shall be obtained per the requirements of section
78 969.
(134) Excavations where the intended purpose is connection to a public water, such as boat slips, canals,
lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the
elevation or the ordinary high water level are subject to approval of the Department of Natural
Resources and other agencies with concurrent jurisdiction.
(Ord.No. 101 2nd series, § 1(10.56(16)(J)),2 24 1992; Ord.No. 127 2nd series, § 8, 7 11 1994; Ord.No.
• •• . 1 , _ •_ i i •• •. e Z. • _
Z.
S 22 2005; Ord.No. 133 3rd series, §§ 2, 3, 1 26 2015; Ord.No. 219 3rd series, § 4, 12 10 2018)
(C)Additional requirements for grading and land alterations may apply to projects within the-Shereland
Overlay District in City Code section 78 1286 and floodplain management areas under City Code
article VIII.
Sec. 78-15943. -Interim use permit requirements.
Interim use permits may be required for larger certain grading and land alterations projects outlined
in City Code vection 78 1726Article XIV, Division 1.
Page 1 11 Final Draft
Secs. 78-15954-78-1600. - Reserved.
SECTION 4. Article XIV of Chapter 78 shall be amended by adding and deleting text to read
as follows:
ARTICLE XIV.-INTERIM USES
DIVISION 1. -GENERALLY
Sec. 78-1726. -Interim use permit required.
An application for an interim use permit shall be accompanied by a certified site plan showing the
location of the proposed excavation or storage and shall state the amount of material which is to be
removed, excavated or stored, placed, or graded, and such other information as the council may require.
Applications shall be filed with the city administrator and shall be accompanied by a deposit to be
determined by the city, which will be used to offset the cost of processing the application. Any unused
portion will be refunded to the applicant.
(a) Except where otherwise provided in the article, it is unlawful for any person to perform or have
performed the following land alteration activities without an interim use permit issued by the
council:
(1) Mining.The commercial extraction of sand,gravel or other material from the land and their
removal from the site without processing shall be mining. In all districts, the conduct of
mining shall be permitted only upon issuance of a interim use permit. Such permit shall
include, as a condition, a plan for a finished grade which will not adversely affect the
surrounding land or development of the site on which the mining is being conducted,and the
route of trucks moving to and from the sites.A bond will be required for restoration
(2) Soil processing. The operation of processing of sand, gravel or other material mined from
the land shall be permitted only by interim use permit. Such permit shall include a site plan
where the processing is to be done,showing the location of the plant,disposal of water,route
of trucks moving to and from the site in removing processed material from the site, the
condition in which the site is intended to be left upon completion, hour of operation; and
such permit shall not be granted for a period of longer than 12 months
(3) Creation of an engineered grade for the basis of building height determination outside of a
subdivision.
(4) Unless included as part of a permitted project or as exempted below,the following activities
require a separate Interim Use Permit.
Page 112 Final Draft
i I
Location ACTIVITY
Lake Yard or Shore Activity in the All other areas, lots All other areas, lots
Setback Zone Shoreland Overlay 5 acres or less greater than 5 acres
District, but outside
the Lake Yard
Grading More than 10 CY, or More than 2,500 cy, More than 2,500 cy, More than 5,000 cy,
more than 1,000 sq or more than 10,000 or more than 10,000 or more than 20,000
ft of disturbed area sq ft of area sq ft of area sq ft of area
Import/Export More than 500 CY More than 500 CY More than 2,500 CY More than 5,000 CY
Stockpiling Stockpiling more Stockpiling more Stockpiling more Stockpiling more
than 90 days than 180 days than 180 days than 180 days
(1) Change the grade or shore of lakeshore property within the shore setback, in excess of 50
cubic yards.
(5) Stockpiling on site in excess of 500 cubic yards or lon,er than 180 da s, without an
(6) Any import/export of material in excess of 500 cumulative cubic yards, also see City Code
section 78 1286(d)(3).
(57) Conducting grading or land alterations which result in changes in elevations within five
feet of adjacent properties, unless part of a building project.
(6) Emergency repair exception. Slope failures have a direct impact on the health and welfare of
Orono residents, and timely response to such events is important to the protection of natural
resources and private property. Therefore,the City Engineer may declare grading and/or export/
import activities in the Lake yard exceeding the limits above as Emergency Repair and forward
such application to the City Council for immediate review. Emergency repair shall be defined for
the purposes of this Article as the activities necessary to stabilize a failing slope, or prevent the
imminent failure of a slope, in the opinion of the City Engineer.
SECTION 5.EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage
and publication.
ADOPTED this 13th day of April,2020 on a vote of 5 ayes and 0 nays by the City
Council of Orono, Minnesota.
ATTEST:
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Anna Carlson, City Clerk Dennis Walsh,Mayor
Ordinance published in The Laker Pioneer newspaper the week of , 2020.
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