HomeMy WebLinkAboutOrd #259 - 3rd Ser/Amending Docks on the ROW ORDINANCE NO.2.51,THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING TO DOCKS ON THE RIGHT OF WAY IN BIG ISLAND
THE CITY COUNCIL OF ORONO ORDAINS:
ARTICLE VI. PUBLIC LAKESHORE, LAKESHORE RIGHTS-OF-WAY
AND DOCKS
Sec.38-900.Definitions.
For purposes of this section,the following terms shall have the meaning given them.
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.
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.
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.
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.
(Ord.No.239 3rd series, § 1,3-9-2020)
Sec.38-901.License required.
No person shall erect,place,keep, or maintain a dock or other structure from on public property or
public rights-of-way without a dock license for Crystal Bay Road dock sites.No person use a dock on a
dock site on public rights-of-way without a dock license for Big Island dock sites.
(Ord.No. 239 3rd series, § 1, 3-9-2020)
Sec.38-902. Applications.
Applications for dock licenses shall contain the following information and such other information as
the city deems necessary:
(1) Full name of applicant;
Orono,Minnesota,Code of Ordinances Created: 2021-05-05 16:16:04 [EST]
(Supp.No.19,Update 2)
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(2) Address;
(3) Preferred dock location on the dock location map and, if applying for Crystal Bay Road dock
site, dock specifications;
(4) Boat license number of any boats to be moored at the dock.
(5) An application fee as established by the city council.The application fee shall be refunded if
the applicant is not awarded a dock license.
(6) Proof of ownership of residential lot.
(Ord.No.239 3rd series, § 1,3-9-2020)
Sec.38-903.Eligible applicants.
A. Crystal Bay Road.
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
B. Big Island
The city has identified 7 lake accesses on Big Island on the official dock site map maintained in the
office of the city clerk. Inland lot of record owners on Big Island may apply for a dock license on
city-owned property or right-of-way for the express purpose of facilitating access to their property
via boat.Renters of Inland Lots of Record are not eligible to obtain a license on a City Dock.
Sec.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.
Applications will be reviewed in the order in which they are received.
(Ord.No.239 3rd series, § 1,3-9-2020)
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Sec.38-905. Terms of license for Crystal Bay Road dock sites.
Before a dock license is issued for Crystal Bay Road dock sites,the applicant must sign a license
agreement containing the following terms and conditions and other provisions as the council may require.
(1) 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.
(2) 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.
(3) Docks. The license holder shall maintain only one dock at the dock license site.
(4) 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.
(5) 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.
(6) 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.
(7) Dock construction;specifications and dimensions.
a. Docks on dock sites shall comply with LMCD regulations.
b. 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;
c. Docks shall not be located closer than ten 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.
d. Docks may not be permanently installed.
(8) Dock accessories. All dock accessories must be approved in writing prior to use at a dock site.
(9) 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 1 and April 1 of the
following year.
(10) 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
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with a copy of the current DNR watercraft registration or U.S. Coast Guard documentation or
recently applied for DNR watercraft registration or U.S.Coast Guard documentation for each
watercraft, at the time of application.This DNR registration or U.S. 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.
a.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.
Unless permitted under the preceding two subsections,no watercraft shall be moored at a city dock
site.
(11) Subject to inspections. All licensed docks are subject to inspection at reasonable times by the
dock inspector or his or her designee.
(12) 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.
(13) Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the
license holder.
(14) Term. All dock licenses on Crystal Bay Road shall be valid for ten years.
(15) 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 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.
(Ord.No.239 3rd series, § 1,3-9-2020)
Sec.38-906. Terms of license for Big Island dock sites.
Dock sites on Big Island are offered to provide dockage opportunity for inland lot of record owners to
access their property via public right of way. Before a dock license is issued for Big Island dock sites,the
applicant must sign a license agreement containing the following terms and conditions and other provisions
as the council may require.
(1) Rights and liabilities. The Licensee shall be permitted to use the Property for the purposes
described in this License Agreement and shall not use the Property for any other purposes. 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.
(2) 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.
(3) Docks. The license holder household may obtain only one license.
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(4) 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 lakeside end of the licensed dock.
License plates shall be maintained by the licensee and shall remain the property of the city.
(5) Transferability. Big Island dock licenses may not be sold,assigned, licensed,or otherwise
transferred in any way to any person,partnership,or corporation. Only the license holder may
store a boat at the dock.
(6) Storage Items.The license holder shall not store any accessory items at the dock site except for
the boat.The City may remove any accessory items from the dock site and treat it as abandoned
property in accordance with law.
(7) Removal of boat. Upon termination of a dock license,the license holder must remove the boat.
Any item that has not been removed will be removed by the city and treated as abandoned
property in accordance with law.
(8) Dock specifications. Docks within right-of-way on Big Island will not extend more than 24 feet
from the Ordinary High Water Line(OHW).
(9) Dock accessories. All dock accessories must be approved in writing prior to use at a dock site.
(10) Dock and Dock Site Usage. Docks and dock sites may only be used after the City places the
dock on the dock site.The City will endeavor to place docks on dock sites by May 1. The license
holder shall not be entitled to a prorated license fee if the City places the dock on the dock site
after May 1.The license holder shall cease using the dock and dock site on November 1 of each
year. The license holder shall remove the boat from the dock site no later than November 1 of
each year.
(11) Declaration ofwatercraft—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 U.S. Coast Guard documentation or
recently applied for DNR watercraft registration or U.S. Coast Guard documentation for each
watercraft,at the time of application.This DNR registration or U.S.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.
Unless permitted under the preceding two subsections,no watercraft shall be moored at a city
dock site.
b. A license grants the licensee one boat per dock site. Up to two license holders may share a
dock allowing a total of two boats.
(12) Subject to inspections. All licensed docks are subject to inspection at reasonable times by the
dock inspector or his or her designee.
(13) 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.
(14) Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the
license holder.
(15) Term. Big Island Dock licenses expire November 1 of each year.
(16) 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 by April 1 of each calendar year of the term of the license. Failure to pay the license fee
may be cause the denial of the license application.
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Sec.38-9067. 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 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 14 days to
remove the dock or otherwise bring the dock license site into compliance. If the violation is not
corrected after 14 days,the license shall be revoked and all property removed from the dock license
site unless,within the 14 days,the dock administrator receives from the license holder a written
request for a hearing.
(d) [Appeals.]Appeals from any decision of the dock administrator shall be as provided for in section 2-
41 of the City Code.
(Ord.No. 239 3rd series, § 1,3-9-2020)
SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage
and publication.
ILA
ADOPTED this ow day ofJ(Ai J ,2021 on a vote of Yayes and Onays by the City
Council of Orono,Minnesota.
ATTEST:
Wani:Jec)1 ,
• a Carlson, City Clerk Dennis Walsh,Mayor
Ordinance published in The Laker Pioneer newspaper the week of , 2021.
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