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HomeMy WebLinkAboutOrd 311 Driveways Tree removals 75 ft 1 CITY OF ORONO HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 311 AN ORDINANCE AMENDING SECTIONS 78-1282, 78-1285,AND 78-1286 ARTICLE V OF THE CITY CODE REGARDING DRIVEWAY WIDTH AND VEGETATION ALTEARTIONS WITHIN THE SHORELAND THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title VI, Chapter 78, Article I, Section 78-1282 is hereby amended by adding the underlined language and deleting the strilethr-eugh language as follows: (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. Driveways must not be placed within bluff and shore impact zones,when other reasonable and feasible placement alternatives exist. If no alternatives exist, a driveway may be placed within these areas when designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters, and 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 as approved by the Community Development Director; (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 Shore 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. SECTION 2. Orono City Code Title VI, Chapter 78, Article IV, Section 78-1285 is hereby amended by adding the underlined language and deleting the strikethrough language as follows: (a) No tree within 75 feet of the shoreline of public waters identified in section 78-1217,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 tTrees removed within 75 feet of the shoreline shall be replaced at a similar setback from the OHWL as the removed tree, based on the following: (1) Live trees less than 36 inches in diameter requires 1 inch of replacement tree per inch of tree diameter removed. (2) Live trees greater than 36 inches in diameter requires 1/2 inch of replacement tree per diameter inch of tree removed. (3) Replacement trees shall be at least 1.5 inches in diameter,and of a type approved by the city.Trees may be inspected by city staff prior to their removal.All replacement trees shall be a species native to Minnesota as listed on the Minnesota DNR's Native Trees list.All replacement trees must be approved by the city. (4) Removal of dead Dead diseased, or trees deemed hazardous by a certified arborist may not be removed without a permit from city staff.The removed tree(s)shall be replaced at a ratio of one tree per tree removed, regardless of size.The replacement tree shall be replanted at a similar setback from the OWHL as the removed tree and, be approved by the city administrator or designee.The city may solicit the review of the tree by an independent arborist,at the property owner's expense. Replacement trccs shall be at I ast 1.5 inches in diameter. All replacement trees shall be a species native to Minnesota as listed on the Minnesota DNR's Native Trees list.Alt replacement trees must be approved by the city. (b) Intensive vegetation clearing within 75 feet of the shoreline of public waters identified in section 78-1217,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. (1) All intensive vegetation clearing,including the clearing of invasive species,shall require a permit from city staff and shall require the submittal of a revegetation plan acceptable to the city.The plan shall include erosion control measures if deemed necessary by the city. SECTION 3. Orono City Code Title VI, Chapter 78, Article IV, Section 78-1286 is hereby amended by adding the underlined language and deleting the strikethrough language as follows: New public and private roads,driveways parking areas,and public or private watercraft access ramps shall not be constructed within the Shore 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. SECTION 4. This ordinance shall become effective immediately upon its passage and publication. ADOPTED this 9 day of December, 2024, by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: 1104041, Dennis Walsh, Mayor ATTEST. df Ci'". asi.jty Clerk SUMMARY PUBLICATION ORDINANCE NO. 311 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING DRIVEWAY AND VEGETATION REGULATIONS WITHIN SHORELAND The City Council of the city of Orono, Minnesota approved updates to city code section 78-1282 on December 9, 2024 that update the regulations on driveway width and vegetation alterations in the shoreland. The complete text of this ordinance is available at city hall or www.oronomn.gov. CITY OF ORONO /s/Dennis Walsh, Mayor Attest: /s/Christine Lusian, City Clerk 1