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HomeMy WebLinkAboutOrdinances 2nd series 1-180 > , _ . . - . � - �• - - ;f�� � � . • , s. �� „ 'y, . � . �;� � , 1 �. ^ ORDINANCE N0. 1, 2ND SEKIES �y ' � � � �'' ' , . . .{ ,. . . ���� . � AN ORDINANCE ADOPTING A REVISION AND CODIF�•CATION WITH CER3'�AIN ' ADDITIONS .-AI�ID DELETIONS, OF ALL ORDINANCES dF THE CITY OF OKONO, MINNESOTA, PUR$UANT TO AUTHORITY GRANTED IN MINNESOTA STATUTES, SECTION 415..�21, EXCEPT �SUCH PROVISIONS , OF.::T�E MUNICIPAL CODE AS ARI� CITED, IN CHAPTER� 10, AN.D E�XCEPT SUCH`� ORDINANC�S AS Al2E��NUMBERED AND CITED IN THE TEXT 'OF CHAPTERS 1 TI�ROUGH 12, INCLLISIVE, . (COMMONLY REFERRED TO AS�,.�2EFER��ICE� � LEGISLA`��ON) ,��! AND AL'SO EX�EPT � SUCH ORDINANCES AS ARE DESCRIBED IN THE�� CATEC�ORIES LISTED���IN CHAPTER 25, (CO.MMONL.Y REFERRED TO AS SPECIAL LEGI5LATIUN) ; ESTABLISHING A NAME FOR SAID CODIFICATION, M�i11�IS OF C`ITAT��N, EFFECTIVE� �DATE�, NOTICE AND PRINTING PROCEDURE, SPECIFICATIONS AD�°D � INSTRUCTIOI�TS; AND, PROVIDING PENALTIES FOR�.THE- VIOLATION THEREOF. THE CITY COUNCIL OF THE CI�Y OF ORONO ORDAINS: � � � • � „ . Section 1. Adoption. All ordinances of the City bf Orono, � Minn.e�so•taR heretofore adopted, except such provisions of the Muniai:pal � Code as are cited in Chapter 10, and except such `"��inances as are numbered and cited in the text of Chapters 1 � --�-�- . � . through 12, inclusive, and also except such .ordinances as are categorized -in Chapter 25, should be and are hereby r•evis�d, codified, an�3 adopted as set forth in that certain document known as the �CITY CODE OF THE CITY OF ORONO, MINNESOTA, pursuant to aaatt}or�ty granted by Minnesota Statutes, Section 415.021. � Section 2. Citation. The CITY CODE may be cited as "C'ity Code, Sec. ." Section_3. Effective Date , Printing , and Notice of Availability. The CITY CODE shall be effective on April 1, 1984. The City Clerk shall cause said CITY CODE to be printed in looseleaf form and copies thereof in a substantial quantity made available for distribution to the public at a reasonable charge, � ��_� ;the exact quantity, charge, and printing specifications to be more specifically determined by the City Council. The City Clerk shall cause Notice of Availabiilty of copies to be published in the official newspaper for at least two (2) successive weeks prior to such effective date, which notice shall state that copies of the CITY CODE are available at the City Clerk's office for general � distribution to the public at a reasonable charge. -1- •! ti , � -, i'- Section 4. Prima Facie Evidence. Such codification, known as the CITY CODE, is hereby declared to be prima facie evidence of the law of the City of Orono, Minnesota. Section 5. Effective Date and Preservation of Rights and Obligations. This ordinance shall take effect upon adoption, pro- vided, however, that the adoption of such CITY CODE shall not affect or impair any act done, right vested or accrued, proceeding, suit or prosecution commenced, prior to such effective date and under ordinance provisions then in effect, but the same shall survive to a conclusion thereof. It being the express intent of this Section that no offense com mitted, liability, penalty or forfeiture, civil or criminal, under ordinance provisions in effect �f •-��`�`�ior to the effective date of the CITY CODE be in any way affected � _ � by the adoption thereof. Section 6. Penalty. Every person violates the CITY CODE when he intentionally performs an act therein prohibited or declared unlawful, and upon conviction thereof, shall be sentenced as for a misdemeanor to not more than ninety (90) days or a fine of not more than $700.00, or both, or, as for a petty misdemeanor, sentence of a fine of not more than $100.00. Adopted by the City Council of the City of Orono, Minnesota, on the 12 day of March , 19 84 . APPROVED: 1� May Seal Attest: ��i..�� �� �.��� City Clerk (Publication in the Lake Minnetonka_Sun on the 4 day of - April The I�aker84 . 2 19 -2- r �+,--. ORDINANCE NO. 2, SECOND SERIES AN ORDINANCE AM�NDING THE MUN�CIPAL CODE OF ORONO BY LSSTING THE LEGAL DESCRIPTION OF A CERTAIN PROPERTY KNOWN AS NORTH SHORE DRIVE MARINA WITHIN THE CITY REZONED FROM LR-1B TO B-2 THE CITY COUNGIL OF THE CITY OF ORONO ORbAINS: Section 1. The Munici��l Code of Orono is hereby amended by amending the official Zoning Map and Zoning Use District boundaries for property legally described below: That part of Government Lot l, Section 8 , Township 117, Range 23 described as follows: West 80 feet of East 403 3/10 of Lot l, Section 8 , Township 117, R�nge 23, lying North of County Road 51 and the West 68.05 feet of the East 183. 1 feet of that part of Government Lot one (1) - North of road, � Section Eight (8) , Township One Hundred Seventeen (117) , Range Twenty-Three (23) ; and �hat part of Lot One (1) , Section Eight (8) , Township One Hundred Seventeen (117) North, Range Twenty-Three (23) West of the 5th Principal Meridian described as follows: Commencing at a point in the center line of the Markville and Maple Plain Road, (so called) said point being 183 1/10 feet due West of the East line of said Section; thence North parallel with the East line of said Section, 640 feet to the shore of Lake Minnetonka; thence Southwesterly along the shore line of said lake to a point which is 323 3/10 feet due West of the East line of said Section; thence South parallel with said East line 603 feet to the center line of said road; thence Northeasterly along said center line to the place of beginning. to be hereby rezoned from the LR-1B Single Family Lakeshore Residential District to B-2, Lakeshore Commercial Zoning District. Section 2. This ordinance shall be published in the Lake Minnetonka Sun and The Laker and shall be effective upon publication. Ordinance No. 2, Second Series } - �,. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the ��th day of �?+�� 1984. � Mary C. tler, Mayor Attest: ���c�c�� �!•,��,� Alberta M. Strom, City Clerk � •.� ;� . ORDINANCE N0. 3 , 2ND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE CHAPTER 9 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY ADDING A PROVISION AS TO FIRE, BURGLARY AND SAFETY ALARMS; AND, BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Orono City Code Chapter 9 is hereby amended by adding a Section, to read: SEC. 9.35. FIRE, BURGLARY AND SAFETY ALARM REGULATIONS AND REQUIREMENTS. Subd. 1. Purpose and Scope. A. This Section provides for regulation in the use of fire, burglary, and safety alarms, establishes users' fees, and establishes a system of administration. B. The purpose of this Section is to protect the public safety services of the City from misuse of public safety alarms and to provide for the maximum possible service to public safety alarm users. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: l. "Public Safety Personnel" - City employees or employees duly authorized to maintain and enforce public safety. 2. "Alarm User" - The person in control of any building, structure, or facility wherein an alarm system is maintained. 3. "Alarm System" - Any alarm installation designed to be used for the prevention or detection of burglary, robbery or fire on the premises which contain an alarm installa- tion. Automobile alarm devices shall not be considered an alarm system under this Section. 4. "False Alarm" - An alarm signal eliciting a response by public safety personnel when a situation requiring a response does not, in fact, exist, and which false alarm is caused by the activation of the alarm system through mechanical failure, alarm malfunction, improper installation or the inadver- tence of the alarm system's owner or lessees or of his employees or agents. False alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent conditions of nature or any other conditions which are clearly beyond the control of the alarm manufacturer, installer or owner. -1- �• ;� � Subd. 3. User Fee. A. Once a public safety alarm system reports more than three false alarms to the City in a single calendar year and the alarm user has received timely notice of each violation, the alarm user shall be charged a user fee as fixed and determined in accordance with City Code Section 1.05. B. Any alarm user required by the City to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the Chief of Police within ten days of notice from the City of the false alarm charge. Following review and determination by the Chief of Police such decision may be appealed to the City Administrator who will have the authority to make a final determination as to whether the appellant is to be charged with a fee for a false alarm. Subd. 4. Payment of Fees. A. Payment of user fees must be paid to the City Treasurer within thirty days from the date of notice by the City to the alarm user. Failure to pay the fee within thirty days' notice will cause the alarm user to be considered delinquent and subject to a penalty of a full ten percent of the fee. B. All delinquent charges for user fees shall be certified by the Clerk to the County Assessor who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served, which assessment roll shall be delivered to the Council for adoption on or before October 10 of each year. Subd. 5. Alarm Report. When an alarm user has incurred five false alarms or more within one calendar year, the alarm user shall submit within ten days after being charged with the fifth false alarm, written verification to the Chief of Police that appropriate actions are being taken to discover and eliminate the cause of the false alarms. It is unlawful for any person to fail to submit such written verification required by this Section. Subd. 6. Confidentiality. A. All information submitted in compliance with this Section shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. B. Subject to requirements of confidentiality, the Chief of Police may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. -2- wi , ��� Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect and be in force from and after the date of its passage and publication. Passed by the City Council this �/ day of ��„__� , 19�, by a vote of _� ayes and p nays.� Ma r ATTEST: ��....����,� - ��.� City Clerk, Published: ,� ��a /y ��' d , 19�. -3- � ORDINANCE NO. 4 , SECOND SERIES AN ORDINAN�E REGULATING THE USE OF PEDESTRIAN CROSSWALKS - NAVARRE AREA, COUNTY ROAD #15 BETWEEN COUNTY ROAD #19 AND DUNWOODY AVENUE THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. The Municipal Code of the City of Orono is amended by adding a new Section 7.15 which reads as follows: 7.15 PEDESTRIAN CROSSWALKS. Subd, l. Pedestrian crosswalks shall be established within the City on County Road 15 between the intersections of County Road 19 and Dunwoody Avenue, and shall be regulated as follows: (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crtsssing the roadway within any marked crosswalk or within any unmarked crosswalk at an inter- section, except as otherwise provided in this chapter. (b) The provisions of this section shall not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path � of a vehicle which is so close as to constitute an immediate hazard. No pedestrian shall unnecessarily stop or delay traffic while in a marked or unmarked crosswalk. (c) The provisions of subdivision (b) shall not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked cross- walk or within any unmarked crosswalk at an intersection. Subd. 2. It shall be a petty misdemeanor for a pedestrian to cross a marked or unmarked street or intersection at a point other than where there exists a marked crosswalk within a street or an unmarked crosswalk at the curb or corner of an� intersection. SECTION 2. This ordinance shall be published in the Westonka Sun/Sailor and shall be effective upon its publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held June 25, 1984 by a vote of 4 ayes and 0 nays. C Mary C. Bu r, Mayor Atte st: �`�2'�Gc.-��i �/7 • .���2s�� A berta M. Strom, City Clerk ORDINANCE N0. 5 , 2ND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULA- TIONS, RATES, CHARGES AND COLLECTIONS" BY CHANGING A PROVISION RELATING TO MUNICIPAL UTILITY RATES AND CHARGES; AND, BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Orono City Code Sec. 3.02 is hereby amended, to read: SEC. 3.02. FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES. Al1 rates and charges for municipal utilities, including, but not by way of limitation, rates for service, permit fees, connection and meter reading fees, disconnection fees, reconnection fees including penalties for non-payment if any, and fire hydrant availability fees, shall be fixed, determined and amended by the Council and adopted by ordinance. Such ordinance shall be listed and referred to in Chapter 25 of the City Code. Section_2. Orono City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect and be in force from and after the date of its passage and publication. Passed by the City Council this 23 day of July � 19 84 , by a vote of 5 ayes and 0 nays. c� M yor ATTEST: � ��J �i� r City Clerk Published: week of July 30 � 1984 . , , r , ti .. . ORDIP�ANCE NO. !O , 2ND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE � CHAPTER 9 ENTITLED "PUBLIC PROTECTION, CRZMES, AND OFFENSES" BY ADDING A PROVISION AS TO CIVIL EMERGENCIES: GENERAL PROVISIONS; AND, BY ADOPTII� BY REFERENCE, CITY CflDE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF ORONO ORDAIN�: Section 1 . Oro�a City Code Chapter 9 is hereby amended by adding a Section, to read: 9 . 36 . CIVIL EMERGENCIES: GENERAL PROVISIONS SUBD. 1. Policv and Purpose. C'hapters 90 through 93 dealing with Civil Emergencies are enacted in conformity with the Minnesota Civil Defense Act, as amended, so that Orono will be fully prepared in advance to meet civil emergencies which may occur in the- future. SUBD. 2. DEFINITIONS. When used in Chapters 90 through 93, the following terms shall mean: (a) Civil Emeraencies .� The preparation for and carrying out of all emergency functions , other than functions for which military forces are primarily responsible, to prevent , minimize and repair injury and damage resulting from disasters caused by enenty attack, sabotage, or other enemy hostile action, or from fire, flood, earthquake, or other natural causes . (b) Civil Emerqencv. An emergency declared by the governor under Minnesota Statutes dealing with Civil Defense. � � (c) Civil Emercrency Forces . Personnel employed by the City and any other volunteer or paid member of the local emergency services agency engaged in carrying � on civil emergency functions . SUBD. 3. Emercrency Services Avencv. There is hereby created within the City government, an Emergency Services Agency which shall be .under the supervision and control of•.a Director of Emergency Services , hereinafter called �he Director. The Emergency Services Agency shall be organized in such divisions � and bureaus , consistent with the state and local � �. 6 • � ' civil emerqency plans , as the Director deems necessary to provide for the efficient performance of local emerqency ser- vice functions within the City and , in addition, shall conduct such functions outside the City as may be required pursuant to the provisions of the Minnesota Civil Defense Act of 1951, as amended, or Chapters 90 throuqh 93 hereof. SUBD. $ �ner enc Services Committee. There shall be an Emergency Services Committee to a vise t e Director. Members of the Committee shall be the heads of the City departments or their designated representatives , and representatives of other groups concerned with emergency services . The Mayor Bhall be chairman, and the •Director shall be secretary of the Committee. Each mem- ber shall serve without compensation nnd shall hold office at the pleasur� of the Ma.yor. SUBD. 5: Emer enc Services Account. There shall be an . account in �,he genera fund known as the Emergency Services Account. AX1 eXpenditures dealing with emergency services shall be charged to this account, and any receipts for emergency ser- vices from gifts , levies or transfers from other accounts shall be credited to it. ' • SUBD. 6 Coo eration With Others. Every officer and agency ' of the City sha 1 cooperate wit e eral and state authorities and • with authorized agencies engaged in emergency services and emer- � gency measures to the fullest possible extent consistent with the performance of their other duties . All City regulations pertain- ing to emergency services shall be subject to applicable and con- trolling provisions of federal and state laws or regulations , and ` shall be suspended so far as there is any conflict. . ' SUBD. '� Non-liabilitv of City. Ail activities relating to emergency services are dec�ared to be governmental functions . The � city and (except for willful misconduct) its officers , agents or employees , when engaged in emergency services a'ctivities shall not be liable for damage to person or property. The provisions of this section shall not affect the right of any person to zeceive benefits under the workmen 's compensation law, or under any � pension law, nor the right of any such person to receive any � benefits or compensation under any act of Congress. SUBD. 8 Agency Not to P�rticipate in Certain Activities . The E7nergency Services Agency shall not participate in any form of political activity, nor shall it be employed directly or in- directly for political purposes , nor shall it be employed in a legitimate labor dispute. , SUBD. 9 Penalt . Any pereon who violates any provision of Chapters 90 t roug 93 hereof or of any regulation adopted" .hereunder relating to acts , omissions or conduct other than � officinl acts of City officers or employees is guilty of a mis- - demeanor. - � : - 2 - 9 . 37 DIRECTOR OF £MERGENCY SERVICES. SUBD. 1 A ointment, etc. The Director of Emergency Ser- vices shall b� nppointe y t e Mayor for an indefinite term and may be removed by him at any time. The Director may be compen- sated at a rate to be determined by the City Council , and he shall be paid his necessary expenses . The Director shall have the direct responsibility for the organization , administration and operation of the Emergency Services Agency, subject to the direction and control of the Mayor. � SUBD. 2 Coo eration with Other Emer enc Services Units . The Director shall represent the City on any regional or state orgnnization for emergency services . He shall develop mutual aid agreements with other political subdivisions for reciprocal emer- gency £ervices aid and assistance in a civil emergency , and he . shall present such agreements to the council for its action . Such arrangement shall be consistent with the state emergency services plan and during a civil emergency, it shall be the duty of the Emergency Services Agency and emergency services forces to render assistance in accordance r�rith the prov.isions of such mutual aid arrangements. . SUBD. _ 3 Surve s , etc. The Director shall make such studies and. surveys of t e manpower , industries resources and facilities � of the City as he deems necessary to determine their adequacy for emergency services and to plan for their most efficient use in , time of a civil emergency. SUBD. �4 � . Civil Emergency Plan. The Director shall prepare a comprehensive general plan for the emergency se�vices of the City and shall present such plan to the council. When the council has approved the plan , all municipal agencies and emergency services forces of the City shall perform the duties and functions assigned by the plan. The plan may be modified in like,manner from time to time. The Director shall coordinate the emergency services activi- ties of the City to the end that they be consistent and fully integrated with the emerge�elatedvwith other emergencydservicesern- ment and the state and cor plans within the state. - Sus�. -� - Training and Public Information. The Director shall institute training programs and �public information program � and take all other preparatory steps , including the partial or full mobilization of emergency services forces in advance of actual disaster , as may be necessary to the prompt and effective opera- tion of the City emergency services plan in time of a civil emer- , qency. He may , from time to time , conduct such practice air-raid alerts or other emergency services exercises as he may deem. neces- sary. _ � - 3 -" . • � • + `, ` � . � SusD.� 6 Use of Existing Services. The Director shall utilize the personne , services , equipment, aupplies and facili- ties of existing departments and agencies of the City to the maximum extent practicable. The City Administration and all officers and�personnel of all such departments and agencies � shall cooperate with and extend such sezvices and facilities to the E�c►ergency Services Agency and to the governor upon re- � quest. � suBD. 7 E�mer e_�nc Personnel. The Director shall , in cooperation with existing City epartments and agencies affected , organize , recruit and train air-raid wardens , auxiliary police, auxiliary firemen, emergency medical personnel, and any other personnel that may be required on a volunteer basis to carry out ' the emergency services plans of the City and the state . The Director may dismiss any emergency services volunteer at any time and require him to surrender any equipment and identifica- tion furnished by the City. SUBD. 8 Emer enc Facilities . The Director shall provide and equip emergency ospita s , casualty stations , ambulances , canteens , evacuation centers , and other facilities , or conveyances for the care of injured or homeless persons . SUBD. 9 Coordination of Efforts . The Director shall co- - • , ordinate the City emergency services effozts with those of the state and federal governments , and shall carry out all orders, rules and regulations issued by the governor with reference to • emergency services. � sUBD. 10 Control Center. � Consistent with the emergency services plan , the Director ahall provide and equip in the City a control center and, if necessary, an auxiliary control center • to be used during a civil emergency as headquarters for direction and coordination of emergency services forces. He shall arrange for installation at the control center of communication systems with heads of emergency services divisions , the stations and operating units of municipal �services and other agencies concerned with emergency services and for communication with other communi- ties and control centers within the surrounding area and with the federal and state agencies concerned. SUBD�_ 11 Civil Emergencies . The Director shall direct and control the general operations of ail City emergency services forces during a civil emergency in conformity with controlling regulations and instructions of state civil defense authorities . The heads of City departments and agencies shall be governed by his orders in respect thereto. � � SUBD. 12 Reports. The Director shall report to the City • Council annually and as otherwise required by the Council , on the operation of the Emergency Services Agency. _ . . - 4 - . . .�,. . . � . F , , � ' 9 . 38 EMERGENCY SERVICES WORKERS ' SUBD. 1 Lo alt Requirement. No person shall be associated ' in any capacity wit t e Emergency Services Agency who has advo- cated a change by force in the government of the United States , nor who has been convinced of any subversive act against the government. All emerqency service employees shall take an oath before entering upon their duties , in substantially the form prescribed by Minnesota Statutes 12 .43 . SVBD. 2. Insi nia. Each emergency services volunteer shall be provided wit such suitable insignia or other identification as may be, required by the Director. SUBD. � 3. Firearms. No emergency services volunteer shall carry any firearm�� on duty except on specific order of the chief of the police department . 9. 39 EMERGENCY SERVICES REGULATIONS SUBD. 1 . Fromulgation by Mayor. Whenever necessary to meet a civil emergency or to prepare for such an emergency for which adequate regulations have not been adopted, the Mayor may by proclamation promulgate regulations , consistent with applicable � federal or state regulations respecting : protection against air-raids; the sounding of air-raid alarms; the conduct of per- � sons and the use of property during alarms ; the repair , maintenance and safeguarding of essential public services ; emergency health, . fire and safety regulations , trial drills or practice periods tequired for preliminary training; and all other matters which are required to protect public safety, health and welfare in civil emergencies. No regulation governing observatian of enemy aircraft, air attack, alarms , or illumination during air attacks shall be adopted unless approved by the State Director of Emergency Services. SUBD. 2 Procedure. Any such proclamation by the Mayor shall be filed with t e City Clerk and copies shall� be available for public inspection. Notice of such proclamation shall be conspicu- ously posted at the City Hall, and published in a legal newspaper in the City. SUBD. . 3 Council Action. The City Council may rescind any such regulation at any time . If •r,ot sooner rescinded , every such regulation shall expire at the end of 30 days or at the end of the civil emergency to which it relates , whichever occurs first. Any ordinance , rule or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during the period of time and to the extent that suc.h conflict exists . SUBD. 4 Emergency Powers of Village. During a civil emergency the City is, notwithstanding any statutory provisibn � to the contrary, empowered , 'through its Council , to enter into ' contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property, and providing emergency assi.�tance to :the victims of such disaster . - 5 - ., •, ... , � t ,. ' The City may exercise such powers in the light of the exigencies of the disaster without compliance with time-consuming procedures and formalities , prescribed by law pertaining to the performance of public work, entering into contracts , incurring of obligations , employment of temporary workers , rental of equipment , purchase of supplies and materi als , limitations upon tax levies , and the ap- propriation and expenditure of public funds : such as , for example, publication of ordinances and resolutions , publication of calls for bids , provisions of civil service laws and rules , provisions relating to low bids , and requirements for budgets . Passed by the Orono Council this 13 day of August , 19�, by a vote of 3 ayes and 0 nays . ' G ' May Atte . . it Clerk Published: Week of September 3, 1984 ' ORDINANCE NO. � , 2ND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE CHAPTER 9 ENTITLED, "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY ADDING A PROVISION AS TO INSURANCE REQUIREMENTS; AND, BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 9 .99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: : Section 1. Orono City Code Chapter 9 is hereby amended by adding a Section to read: SEC. 9 . 10 Subd. 5A. Insurance Requirements . A policy or certificate of insurance, on which the City, its agents and employees are additional Insureds , providing public liability insurance in the amount of at least $100 ,000 for the injury of one person, $300 ,000 for the injury of two or more persons in the same accident, and $10 ,000 for property damages . Before permit shall be issued, the applicant shall file with the City Clerk the above policy or certificate showing (1) that the limits are at least as high as required, (2) that the coverage is effective for at least the license term approved, and (3) that such insurance will not - be terminated without thirty days written notice served upon the City Cler�c. Cancellation or termination of such coverage shall be grounds for permit revocation. Passed by the City Council this 13 day of August , 1984 , by a vote of 3 ayes and 0 nays. C Mary C. Bu 1 , Mayor ATTE othy Hal n, City Clerk � Published: Week of September 3 , 1984 ORDiNANCE N0. 8 , 2ND SERIES AN ORDINANCE OF THE CiTY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY CHANGING A PROVISION RELATING TO SALARIES OF THE MAYOR AND COUNCIL MEMBERS; AND, BY ADOPTING BY REFERENCE ORONO CITY CODE CHAPTER 1 RELATING TO • DEFINITIONS AND GENERAL PROVISIONS. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Orono City Code Sec. 2.17 is hereby amended, to read: SEC. 2.17. SALARIES OF MAYOR AND COUNCIL MEMBERS. Subd. 1. Salaries of �he Mayor and Council members, effective January 1, 1985, and which amounts are dee med reasonable, are hereby fixed as follows: A. The salary of the Mayor shall be $275.00 per month, paid monthly. B, •� The salary of each Council member shall be $220.00 per month, paid monthly. Subd. 2. In accordance with Minnesota Statutes, Section 415.11, any changes in the foregoing shall be by ordinance and shall not take effect until after the next succeeding City election. Section_2. Orono City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect and be in force from ar�d after the date of its passage and publication. Passed by the City Council this 15 day of october , 1984, by a vote of 4 ayes and 0 nays. ayor ATTES : � _ City Cler Published: Week of October 29 , 1984. _ � . ,, ORDINANCE NUMBER 9, SECOND SERIES AN ORDINANCE AMENDING PERFORMANCE STANDARDS TO THE NON-ENCROACHMENT AND ACCESSORY STRQCTURE SECTIONS OF THE ORONO MUNICIPAL CODE The City Council of Orono Ordains As Follows: SECTION l. Chapter 10 of the Municipal Code of Orono is hereby amended by amending Sections 1�1.03 Subdivision 15 (C) , (D) , (E) , (F) and 10. 22 Subdivision 1 to read as fol lows: SSCTION 10.H3 Subdivision 15 Non-Encroachments C. Fences which do not exceed 3-1/2 feet in height, fences not over six feet in height along the street lot line of lake frontage lots which front on a major thoroughfare, if fill is required, the total combined height of both fence and fill shall not exceed 6 feet above the height of the crown of the road, terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. D. In side or rear yards only, bays not to exceed a depth of two feet nor to contain an area of more than twenty square feet, fire escapes not to exceed a width of three feet, fences and wal ls not to exceed a height of six feet above original grade and open off street parking except for lakeshore lots, no fence or wall over forty-two inches but not in excess of seventy-two inches in height above original grade may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots, such fences shall not be constructed within 75 feet of the shoreline. E. Rear yard only; balconies, breezeways, detached outdoor picnic shelters and recreational equipment except as regulated hereinafter; no accessory structure shall be closer than five feet from a rear lot line nor shall a fence or wall constructed within a rear yard exceed a height of six feet above original grade. F. Side yards only; no accessory structure shall be closer than ten feet from any side lot line nor shall a fence or wall constructed within a side yard exceed a height of six feet above original grade. SECTION 18.22. Regulations for One Family Lakeshore Resi- dential Districts. Subdivision 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building, fence or wall over fort�two inches but not Y'� ��. in excess of seventy-two inches in height above original grade may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots. SECTION 2. Adoption and Publication. This ordinance shall be effective upon adoption, and a short summary shall be published in the Lake Minnetonka Sun and The Laker newspapers. Adopted by the City Council of Orono on this 28th day of January, 198�, by a vote of 5 ayes and 0 nays. , - � � C D othy M alli , City Clerk Ma y C. � �er, Mayor � L• 1 ORDINANCE 10, SECOND SERIES AN ORDINANCE ADOPTING THE 1985 FEE SCHEDULE THE CITY COUNCIL OF ORONO PER SECTION 1 . OS OF THE MUNICIPAL CODE HEREBY ORDAINS THE FOLLOWING FEES EFFECTIVE DURING THE CALENDAR YEAR OF 1985: SECTION l. Fees. ZONING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the application. . Applicable . Application Type Fee Code Section VARIANCE (Flexible applications involving more $ 150. 00 than one variance will require an additional $50. 00 payment per each project) CONDITIONAL USE PERMIT (One charge per project) Residential Accessory Use (Animals, etc) $ 100. 00 Institutional Use (School, Church, etc. ) $ 150. 00 Duplex Credit (per building) $ 150.00 Commercial/Industrial Use $ 250. 00 Temporary Dwelling $ 100.00 Land Alteration a) grading, filling, etc. $ 200. 00+permit b) sea walls, retaining $ 200 .00+permit walls within 0-75 ' lakeshore PRD Application with Subdivision Subdivision Fee plus $30 . 00 per dwelling unit PRD Application without Subdivision $ 35. 00 per dwelling unit (minimum $150 . 00 ) PID Applications $ 150.00 per acre (minimum $350. 00 ) After-the-Fact Fees Double Application Fee SUBDIVISION Sketch Plan (Class I , II & III ) $ 150. 00 Preliminary Review (Class I & II Subdivisions ? $ 250.00 Preliminary Review $ 300.00 plus $20 . 00 per lot (Class III and all non-residential) ( $360/3 lots; $380/4 lots ) Final Plat Review (Class III ) $ 150 + special legal or engineering charges Filing Fees - a ) Plat Only $ 75.00 b) Plat + Easements & Covenants $ 150.00 Page 1 of 13 � ,, ZONING APPLICATIONS (CONT) Applicable Application Type Fee Code Section PUBLIC PROPERTY VACATION $ 50.Q0 per benefitting property $ 250.00 minimum per application ZONING AMENDMENTS INCLUDING REZONING $ 250.00 REQUEST TO AMEND COMPREHENSIVE PLAN $ 250.00 SPECIAL IMPROVEMENTS Non-refundable charges for City Engineer ' s review of applications and design drawings , including construction inspectionfees. If improvementsare proposed as part of a Subdivision, Review Chargesare payable with Preliminary Plat application. Proposed Private Roads $ 600. 00 plus 50¢/lineal foot Proposed Public Roads $ 900. 00 plus 50¢/lineal foot Request for City to accept existing private road $ 600.00 , Proposed Sanitary Sewer Main Extension $ 250.00 plus $5 . 00 per stub Proposed Water Main Extension $ 250.00 plus $5. 00 per stub Proposed Storm Sewer System (excluding culverts ) $ 200.00 On-Site System - Site Evaluation Review (applicable to rural subdivision applications ) $ 30.00 per new lot proposed for on-site RIP RAP Staff review (normal rip rap) No Charge Unusual rip rap: a) new installation CUP review + $100 . 00 permit b) repair existing Staff permit = $100. 00 APPEAL TO PLANNING COMMISSION (of Zoning Administrator decision) $ 100.00 INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250, 000. 00 Application Fee: 0.1$ of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/administrative expenses Page 2 of 13 ZONING APPLICATIONS (CONT) Applicable Application Ty e Fee Code Section SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule setforth below: Professional Time $ 25 .00/hour Clerical Time $ 15.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT �PPLICATION INVESTIGATION FEES Resol. 1306 (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits ) . Whenever any work, use or division of land for which a formal application is r.equired has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after- the=fact applications shall be twice the fee setforth in the basic fee schedule, whether ar not the application is thereafter approved or denied. Payment of an after-the-fact applicationfeeshallnot constitute approvalor authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Page 3 of 13 � ZONING APPLICATIONS (CONT. ) PARK DIDICATION �'EE.S Ord. 220 Cash contributions in lieu of land for use in the acquisition, develo�anent or maintenance of public parks, playgrounds, stonn water holding areas and debt retirement in connection with land previously acquired for such public purposes. Residential Develognent - Cash contributions dedicated shall be according to the follawing table: Dwelling Unit Density A B C D E (The greater of proposed density Single Single Duplex Mult. Existing or zoned permitted density) Existinq New Per Bldg. Per Unit Res. acres/d.u. d.u./acre 5.00 or more .20 or less $ 50 $100 $ 250 $150 $0 2.00 to 4.99 .50 to .21 150 200 500 300 0 1.00 to 1.99 1.00 to .51 350 400 1000 600 0 .50 to .99 2.00 to 1.01 390 440 1100 660 0 .33 to .49 3.00 to 2.01 430 480 1200 720 0 . .25 to .32 4.00 to 3.01 470 520 1300 780 0 .16 to .24 6.00 to 4.01 510 560 1400 840 0 .15 or less 6.01 or more 550 600 1500 900 0 K� A Single Family Residence, Existing Vacant Lot: fee to be paid with building permit for new residence on previously platted property or; if vacant land is subdivided, fee to be paid with subdivision for the one "existing" residential lot. B Single Family Residence, New Lot: fee to be paid with subdivision for each "new" residential lot. C Duplex Residential: fee to be paid with building permit or with subdivision, whichever occursfirst, for each duplex building (duplex is defined as two attached single family residential units ) . Should an existing single family residence be con�ierted to duplex, the fee shall be one half of the schedule amount due with the building permit. D Multifamily Residential: fee to be paid with building permit or with subdivision, whichever occurs first, for each residential unit in a multifamily (three or more units ) building. E Existing Residential: no fee is required for existing principal residential units. PARK DEDICATION FEES Commercial or Industrial Development - Cash contributions dedicated shall be at the rate of $500. 00 per acre of gross land area, to be paid with building permit for princi�al structure or at the time of subdivision, whichever occurs first. Page 4 of 13 CONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit Type Fee Code Section BUILDING PERMIT (Ord. 216 ) Minimum Fee $ 25.00 Normal Fee (per 1982 UBC/SBC Standard Schedule) Plan Review Fee (per 1982 UBC/SBC Standard Schedule ) DEMOLITION PERMIT (Ord. 216 ) Principal Use $ 30.�0 Accessory Use $ 20. 00 PLUMBING PERMIT $ 4. 0�/fixture � $ 25. OU minimum/project Mail-in postage & handling charge $ 1. 5fl $ 2.00/fixture reset MECHANICAL PERMIT (Ord. 216 ) Minimum Fee for any Mechanical Permit $ 25.00 per project Mail-in postage & handling charge $ 1.50 Residential, Single Family & Duplex by Unit Type - furnace or boiler with flue $ 20. 00 each unit - wood stove with flue $ no charge - wood combination or add-on unit $ no charge - fireplace with flue $ 30. 00 each unit - central air conditioning $ 20. 00 each unit - exhaust fans (bath, kitchen, attic, etc) $ 5. 00 each location - solar space heating equipment $ 50. 00 each system - solar water heaters $ 20. 00 each unit - repairs and replacement of the above same as above - fire sprinkler systems $ 20. 00/project - fuel storage $ 20.00 permanent $ 10. 00 temporary Commercial, Industrial and Multi-Family Residential by Unit Ty e - residential type equipment per sche�ule above - furnace, boilers, unit heaters, and makeup air units $ 4.00 per 10, Q00 btuh output - central air conditioning $ 10. 0� per ton AC - exhaust fans $ 10. 00 each - refrigeration $ 25.00 per compressor - fixed equipment with steam, hydraulic or compressed air system $ 2.00 per connection - fire sprinkler systems $ 2. 00Jhead minimum $25. 00/ project- Plan review 1/2 permit fee - fuel storage $ 20.00 permanent $ 10.00 temporary '� Page 5 of 13 • � ,. CONSTRUCTION PERMITS AND INSPECTION FEES (CONT) Applicable Permit Type Fee Code Section MUNICIPAL CONNECTION PERMIT Sewer $ 30.00 Water $ 30. 00 5/8" meter $ 95. 00 3/4" meter $ 130. 00 larger meter quote basis Mail-in postage & handling charge (sewer, $ 1. 50 water permits only) ON-SITE SYSTEMS (Ord. 210 ) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 30. 00/per new lot Residential System Permit: Replace drainfield or replace 1 or more tank$ 30. 00 Replace drainfield & replace 1 or more tanks$ 50.00 New residential system $ 75. 00 + $15. 00 per - inspection over 3 Non-Residential System Permit: New or Total replacement $ 100. 00 + $20 . 00 per insp over 4 Partial Replacement $ 60.00 + $20. 00 per each inspection over 2 Annual Service Charge $ 20. 00/system/year plus 10� late penalty for unpaid charges certified INDIVIDUAL WELLS (Ord. 221j Installation Permit $ 30. 00 GRADING, EXCAVATION, FILLING Design Review Fees (staff only) included in permit 50 cubic yards or less (5 loads ) $ 100. 00 (staff permit) 51-100 cubic yards (max. 10 loads ) $ 200. 00 (staff permit ) 101 cubic yards or more $ 200. 00 + Cond. Use Permit NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of a building permit. Page 6 of 13 , ' . ,, • CONSTRUCTION PERMITS AND INSPECTION FEES (CONT) Applicable Permit Type Fee Code Section BUILDING MOVING OR LIFTING (Ord. 227 ) (Fees for this activity are in addition to required buildinq or demolition permits. Feesand any necessarysurchargesare required to pay costsof building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. ) - Lifting accessory buildings $ 30 . 00 (no move across lot lines ) - Lifting principal buildings $ 75. 00 (no move across lot lines ) (include pre-lift inspection fee) - Moving accessory buildings within normal No moving permit required highway clearance (max. 8 ft wide/max. 13 ' -6" high/max. 45 ' long) - Moving accessory buildings over any lot line, $ 100.00 onto or off any lot within Orono (includes oversize loads up to 12 ft wide and/or 15 ft high) . - Moving principal buildings over any lot $ 150.00 line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or terminating in Orono. (includes all oversize loads exceeding 12 ft wide and/or 15 ft high ) - Pre-move code inspection, principal buildings : a ) Building within Orono to be relocated within Orono $ 50. 00 b) Building outside Orono to be moved into Orono (max. radius 25 miles) $ 150. 00 SPECIAL INSPECTION CHARGES Site Inspection without permit $ 25. 00 per trip (when called by owner ) Inspection surcharge for work or $ 25. 00 per trip application on Big Island or Deering Island Reinspection Fee after failure to $ 25. 00 per trip � comply with Building or Zoning Code Correction Notice Inspections outside business hours $ 25. 00 per hour (min 2 hours ) Page 7 of 13 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT) Applicable Permit Type Fee Code Section FIRE PROTECTION Ord. 223 Fire Prevention Inspection No Charge Fire Code Permits $ 25. 00 each CONTRACTUAL INSPECTION SERVZCE Per Contract Monthly Retainer Fee $ 25. 00 Inspection Charge $ 20. 00 per hour Plan Review Charge SBC/UBC Schedule LICENSES & MISCELLANEOUS CHARGES Zoning Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) $ 300. 00+slip & boat fees Renewal Application & Inspection Fee (annual ) plus: $ 200.00+slip & boat fees -each slip on water $ 2 . 00 -each dry slip inside or in racks $ 2. 00 -each boat unit on land $ 1. 00 -late fee $ 150 . 00 JOINT USE DOCK LICENSE Application Fee (initial) $ 50. 00 Renewal Application Fee $ 20. 00 Plus each slip $ 2. 00 Late Fee $ 25. 00 SEPTIC INSTALLERS LICENSE - Annual $ 25. 00 GARBAGE HAULER LICENSE - flat rate $ 30. 00 - per hauler ($15/truck) $ 15. 00 - transfer fee $ 30. 00 PUBLIC DUMP LICENSE None Permitted Page 8 of 13 LICENSES & MISCELLANEOUS CHARGES (CONT) Applicable Zoning Department Administered Fee Code Section ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980 ) $ 30.00 Municipal Code Book $60.00 W/Binder $50. 00 W/0 Binder Individual Chapters of Municipal Code $ 25. 00 On-Site Treatment Code $ 2. 00 On-Site Design Manual $ 5. 00 City Maps $ 2. 00 each Building & Planning Publications As Posted - Prices Subject to change Land Use Application Signs $ 40.00 Deposit (deposits not returned if sign is damaged or lost) General Administrative Licenses Cigarette Sales License - per quarter $ 5.00 5. 24 Gambling & Raffle License $ 10. 00 5. 23 Solicitation License $ 20. 00 5. 30 General Administrative Documents Assessment Searches $ 10.00/parcel Copy Service (for public City records only) -first copy $ 1. 00 -additional copies $ 0. 25 each Individual Copies of ordinances (1 copy) No Charge Applicable DOGS & KENNELS Fee Code Section DOG LICENSES 9.12 Biannual License (issued in odd years ) $ 10. 00 Annual License (issued in even years only) $ 5. 00 KENNEL LICENSES 5 . 36 Commercial Application & Inspection Fee $ 100.00 (annual� Residential Application & Inspection Fee $ 25. 00 (Annual) Note: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. DOGS AT LARGE - RELEASE FEE 9 .12 First Offense $ 20.00 Second Offense $ 30. 00 Third Offense $ 40. 00 All Fees, plus kennel charge, payable to kennel Page 9 of 13 . ,, � LICENSES & MISCELLANEOUS CHARGES (CONT) Applicable DOGS & KENNELS Fees Code Section ANIMALS AT LARGE (Other than dogs ) 9 .13 First Offense $ 20.00 Second Offense $ 35.d0 Third Offense $ 50.00 Trace & Catch Animal $ 20.00/hour Trailer Charge $ 20.00 plus 25¢ mile (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost Applicable Police Department Administered Fee Code Section BEER, WINE & LIQUOR LICENSES Initial Investigation Fee $ 150.00/person Resol. 1306 On Sale Liquor License $4 ,000.00 4 . 30 On Sale Wine License $ 750.00 4 . 40 3. 2 Beer Off-Sale (annual) $ 25.00 4 . 20 3.2 Beer On-Sale (annual) $ 75.00 4 . 20 Setups (annual ) $ 100.00 Club Liquor License (weekday) $ 100.00 4 . 50 (Sunday) $ 200.00 4 . 50 Temporary Set-up permit (one day) $ 25. 00/each 4 . 61 Temporary Beer permit (one day) $ 15.00/each 4. 21 AMUSEMENT DEVICE LICENSES 5 . 20 Per establishment (annual ) $ 100.00 plus machine fee Per machine fee $ 25.00 each THEATER LICENSE (annual ) $ 300.00 5 . 25 PUBLIC DANCE LICENSE (annual ) $ 100. 00 5. 21 (individual permit) $ 10.00 5. 21 LARGE ASSEMBLY PERMIT $ 50.00 5. 25 FIREWORKS PERMIT $ 10.00 9 . 10 FIREARMS PERMIT (limited use) $ 10.00 9 .10 LIMITED TRAPPING PERMIT $ 10.00 9.11 (Ord.232 ) (Ord.243 ) PERMIT FOR PARADES & SPECIAL EVENTS $ 25.00 6.08 Page 10 of 13 LICENSES & MISCELLANEOUS CHARGES (CONT) Applicable Police Department Administered Fee Code Section FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50. 00 each call (4-10 total ) Next 5 false alarms/calendar year $ 100. 00 each call (11-15 total) Each additional false alarm over $ 150. 00 each call 15/calendar year FINGER PRINTING SERVICE $ 10. 00/application (citizenship n/c) COPY SERVICE First Copy $ 1.00 Additional Copies $ 0 . 25 each ACCIDENT REPORTS $ 3.00 each PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates - Effective date January l, 1984 MUNICIPAL SESn1ER RATE by unit: $ 42.90 per quarter by flaw: $ 2.10 per quarter/connection plus $2.05/1000 gallons Area #1 Area #2 Area #3 MUNICIPAL WATER RATES Navarre Long Lake Wayzata Billing & Ready to Serve Chg $13.85/qtr. $6.25/qtr $5.35/qtr Water Useage Rate $ 1.03/1000 gal. $2.50/1000 gal $1.47/1000 gal. Unconnected Property Chg $13.85/qtr -0- -0- (Ready to Serve/Hydrant Chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $13. 85/qtr billing chg. plus $1. 03/1000 gallon total flow at border meter. Penalty for late payment of sewer/water bills - 15$ after 45 days from billing date Water Turn-On . . . . . . . . . . . . . . . . . $15.00 Water Turn-Off . . . . . . . . . . . . . . . . $15. 00 Water System Repair/Replacement if damage cause by property owner: Labor - Current Hourly Rate Parts - At Cost Page 11 of 13 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT) GOLF COURSE CHARGES - Effective date 1985 Season Fee Monday through Friday (Excluding Holidays ? Begin Play Before 12 :00 noon lst Nine Holes $ 4 . 50 , 2nd Nine Holes $ 3. 00 After 12 noon and Weekend rates lst Nine Holes $ 5. 00 2nd Nine Holes $ 3 . 00 League Rates Monday through Friday $ 4. 50 Senior Citizen (Over 60 Years Old) Begin Play Before 12 :00 noon lst Nine Holes $ 3. 50 (Weekdays ) 2nd Nine Holes $ 3. 00 (Weekdays ) lst Nine Holes $ 5. 00 (Weekends ) 2nd Nine Holes $ 3. 00 (Weekends ) Season Ticket (Senior Citizens Only) $90. 00 Golf Cart Rental Motorized lst Nine Holes $ 7. 00 2nd Nine Holes $ 6. 50 Pull Carts - Per Round $ .75 Golf Clubs - Per Round $ 2. 00 Concessions As Posted Page 12 of 13 � . - PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT) PUBLIC WORKS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75 . 00/std. sign (sale includes installation) Driveway culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Inspection/Consultation Fees (Same rate as zoning staff surcharge ) Driveway/Curb-Cut permits Individual Driveways To Be Established New Street Intersections (See zoning section - special improvements fees ) SECTION 2. This ordinance establishing the 1985 fee schedule shall be published in the Lake Minnetonka Sun and Laker Newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono on this 14th day of January, 1985 . ATT �T: . � rothy M Hallin, City Clerk Mary C. er, Mayor Page 13 of 13 ORDINANCE NO. 11, SECOND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, REPEALING A SECTION OF ORDINANCE 10, SECOND SERIES ADOPTING THE 1985 FEE SCHEDULE THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended to read as f-ollows: CONSTRUCTION PERMITS AND INSPECTION FEES - COMMERCIAL, INDUSTRIAL - MECHANICAL PERMITS Fire Sprinklers $2.00 per head/ first 50 heads � . 30�C per head after initial 50 Plan Review Fee 1/2 permit fee This ordinance becomes effective from and after its passage and publication in accordance with law. Passed by the City Council this 12th day of August, 1985 , by a vote of 3 ayes and 0 nays. � Mary C. Bu r, Mayor ATTE T: D othy M. allin,, ity Clerk Published: week of August 19, 1985 � � . , . � . ' . . . - ORDINANCE N0. 12 , Second Series AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE: PROVIDING EOR IT'S ADMINISTRATION AdD EBiFORCEMENT: RBGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, I+lOVING, REI�lOVAL, DEMOLITION, CONVERSION, OCCUQADICY, EQOIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTORES IN THE CITY OF ORO�iO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FSES THERLFORB; PROVIDING PSNALTIES FOR THE VIOLATION THERSOF: ORDINANCS NO. 12 OF TH8 CITY OF ORONO AND ' AGL OTHSR ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The City Council of the City of Orono does ordain as follows: Section 1 - Section 12.fd1 of the municipal Code of Orono is hereby amended as follows: Subd. 1. Building Code. The Minnesota State Building Code, established pursuant to Mn. Stats. 16B.59 through 16B.73 , one copy of which is on file in the office of the City Clerk is hereby adopted as the building code for the City of Orono. Such code is hereby incorporated in this ordinance as completely as if set out in full. A. In addition to the 1985 Edition of the State Building Code Minnesota Rules Chapters 1300, 1305, 131�1, 1315, 1320 , 133PJ , 1335, 1340, 1355, 1360 and 1365 effecti ve 1/14/85 the City of Orono adopts by reference the following codes. ( 1 . ) 1982 Edition of the Uniform Building Code, identified as "UBC"; (2.) 1984 Edition of the National Electrical Code, identifiec3 as "NEC"; (3.) 1981 American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, identified as ANSI A17. 1 - 1981 and Supplement, ANSI A17. 1a - 1982. (4.) Minnesota Plumbing Code, Minnesota Rules Chapter 4715.0100 - . 3160 and 4715. 5000 - .6000. (5.) Flood Proofing Regulations , June 1972, Office of the Chief of Engineers, U.S. Army. (6.) Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code, Minnesota Rules Chapter 1345. (7.) Rules for Energy Conservation Alternatives in Construction Minnesota Rules Chapter 4215 adopts by reference the 1983 CABO Model Energy Code. 1 - �. . ;� • _. .. (8.) State of Minnesota Manufactured (Mobi le) Home Rules, identified as Minnesota Rules Chapter 1350. (July 31, 1983) (9.) Standards of Performance for Solar Energy Systems and Subsystems Applied to Energy Needs of B�ildings, 1977 Edition, identified as Minnesota Rules Chapter 1325. B. Mandatory Appendices. In additon to those items listed � above, the following Appendices, Standards and Supplemental Materials referenced in the Code are hereby adopted by reference as part of the Building Code in the City of Orono and incoporated into this ordinance as completely as if set out in full. ( 1 .) Minnesota State Building Code, Technical Requirements for Fallout Shelters, Minnesota Rules Chapter 1330. (2.) Minnesota State Bui lding Code, Variations in Snow Loads, Minnesota Rules Chapter 1365. (3. ) 1982 Uniform Building Code Appendix Chapter 35. (4.) Minnesota Plumbing Code, Minnesota Rules 4715.3906 - 4715.4100. C. Optional Appendices. The folloiwng Appendices , Standards and Supplemental Materials are not a mandatory part of the Code but are adopted by reference for the City of Orono and are incorporated, without change, into this ordinance as completely as if set out in full. ( 1 .) Minnesota State Building Code, Abbreviations and address of Technical Organizations, Minnesota Rules 1300. 200D. (2. ) 1982 UBC Appendix, Chapters 1, 7, 32 and 55. (3.) Minnesota Plumbing Code, Minnesota Rules 4715.3500 - 4715. 3800. (4.) Minnesota State Building Code, Appendix E Automatic Fire Suppression Systems, Minnesota Rules 1300 . 1150. Section 2. Effective Date of Ordinance. The effective date of this Ordinance is upon publi ti B � o� `�. Y C� Mayor, Mar C. Butler Attest: `\� � / • othy M, llin, City Clerk Publish week of October l� 1985 2 N� • , ` � � . . ORDINAtdCE I�O. 13, Second Series AN ORDINANCE ESTABLISHING A MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAP]D SUBDIVISIONS, REZONING APPLICATIONS� CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES, OR OTHER AUTHORITY FOR ADDITIONAL DEVELOPMENT IN THE HIGHWAY 12 CORRIDOR AREA AS DESCRIBED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Coc]e of the City of Orono is amended by addinq Ordinance No. 13, second series: SECTION 1. Statement of Policv. The City Council finds that the City is presently faced with the potential of numerous applications for development in the Highway 12 Corridor Area of Orono, which potential has raised new concern for issues such as the most appropriate use of the land; the compatibility of low density residential development with commercial development ; the interrelationship between development and highway accessibilitYz and, the provision of municipal services to the area. The City is in the process of reevaluating its • Comprehensive Plan, Zoning Ordinance, and other official controls, as they relate to the development of the Highway 12 Corcidor. The Council finds that there is an overwhelming probability that land use controls and zoning provisions will need to be updated and revised as they apply to the Highway 12 Corridor Area. The , Council also finds that such amending is a process that cannot be accomplished until a detailed study has been completed and hearing held. During this interim period, it is desirable that the Council establish guides for the benefit of those who wish to develop property in order to bring about savings in public and private expenditures and to provide to the public guides to future City action. The Council determines that there is an urgency involved because of the need to control development during the in�erim period so that the benefits of proper planning �aill not be lost, to prevent development which may add to the public burden, and to preserve the status quo pending adoption of these measures so that the City will not be impaired in its ability to effectuate the purposes and goals of these planning efforts. Since enactment of an amendment will undoubtedly modify existing regulations concerning permitted land use and zoning performance standards, the granting of various zoning and permit applications during this interim period would be detrimental to the effectuation of the Comprehensive Plan and contrary to the purpose of the zoning enabling act, Minnesota Statutes 55462 . 351 et seq. 3 • ,. f .� • The Council further finds that it would be unwise, inproper and unjust to allow individual developnent to occur during this study period to avoid discrimination and unfair advantage to a few to the detriment of the entire City. Therefore, the Council 's and staff °s authoritv to grant permits or approve app ications described herein shall not be exercised during the linited term of this ordinance, except as provided in Section 6. SECTION 2. Restrictions on the Grantinq of Permits and . Applications. No building permits for new construction or total replacement, land subdivision applications, rezoning appli�ations, conc3itional or special use permits, variances or other authority for additfonal development in the Highway 12 Corridor Area described in Section 4 shall be granted for any purpose which would be inconsistent with the intent of this ordfnance, including but not limited to: A. Single Family Dwellingss � e. Duplexes= and C. Commercial Development of any sort. SECTION 3. Exceptions. Because of the Highway 12 Corridor location and nature of existing development in the restricted area, the City Council hereby grants blanket exception ana variance from the provisions of this Moratorium to allow issuance of building permits and/or conditional use permits for the'• following work, finding after extensive review and study that such limited exceptions would not adversely affect the status quo, and wou2d therefore not be contrary to the intent and purpose of this Moratorium: A. Building Permits for interior remodeling and renovation of existing dwellings or existing residential accessory structures= B. Building Permits for new cesidential accessory structures or additions to existing residential accessory structures except that no variances shall be permitted; C. Building Permits for interior remodeling and renovation of existing commercial buildings or accessory structures. SECTZON 4. Restricted Area. That portion of the City of Orono that shall be sub�ect to the restrictions of this Ordinance is all the land. . . (See Exhibit A) -2- � � . . . ; � SECTION 5. Duration. This ordinance shall expire � October 7 , 19a6, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the Zoning Code, have been finalized. The duration of this ordinance may be extended by adoption of a subsequent ordinance. SECTION 6. Variances. The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrery to the intent of the Comprehensive Community t4anagement Plan, that it is compatible with the soning and official control amea�9ments being considered by the City, an� that it does not ac]versely impact the � health, safety or welfare of the citizens. uilc]ing Pg�,�,� ranted under this be reviewed t e staf riot to Citv_ Counci conside_ration. _Buil inq Permits need not be referre Lv rFie ianning comm�ss�on fot review. SECTION 7. �Se,�arab�_i_l_i�ty. Every section, provisio�, or part of this ordinance 3s dec�arec�separable from every other section, provision, or part; and if any section, provision or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision or part. SECTION 8. This Ordinance shall be published in the Lake Minnetonka Sun and shall be effective immediately upon publication. � Adopter3 by the City Council of the City of Orono on the 7th. day of october , 1985, by a vote of 5 ayes and 0 nays. , , � t4ary Butle Mayor r , ATT ST: � rothy H in, City Clerk 3402e Publish week of October 14, 1985 -3- ' EXHI�3IT A • . , � . � , +� METES � BOUNDS DGSCRIPTION OF PROPOSED T.H. 12 DEVELOPMENT AREA AREA I Coumnencing at the southeset corner of Section 32, T118N, R23W, Hennepin County, Minnesota; thence north elong the east line of Section 32 to the north right-of-way line of the Burlington Northern 8ailroad; thence northeast along the north right-of-way line of the railroad to the south line of Section 29; thence westerly 255+ feet along said south line to the intersection of Co. xd. 6; thence N 26° 33' S4" E 175.58 feet; theace N 15° 49' 10" E - 74.84 feet � to the PC of a curve deflectiag to the east R 98.46 feet and central angle 74° 35' 44"; thence along said curve 128. 19 feet thence N 89° 35' 06" W 510.70 feet to the PC of a curve deflecting to the north R 538.30 central angle 26° 59' 03"; thence along said curve 253.52 feet; thence N 63° 25' 51": E 489.41 feet to a curve deflecting to the south x 5729.61 feet central angle 8° 11' 06"; thence along said curve 188.92 feet to the east line of the southwest 1/4; thence south along said east line to the southeast corner of the southwest 1/4 of Section 29; thence east along the north line of the northeast 1/4 of Section 32 to the shore of Lake Classen; thence southerlq along the ahore of Lake Classen to the most southerly point of Lake Classen in Section 32; thence easterly to the east line of the northeast 1/4 of Section 32; thence southeast along the ahore of Lake Classen to the most eastern part of Lake Classen in Section 33; thence northwesterly along the shore of Lake Classen to the north line of Section 33; thence easterly along the south line of Section 28 to the southwest corner of the southeast 1/4 of the southwest 1/4 of Section 28; thence north along the west line of the southeast 1/4 of the southwest 1/4 to the northwest corner; thence east along the north line of the southeast 1/4 of the southwest 1/4 of Section 28 to a point 430' west of Page 1. OS15d � �.��.1�lUil �> I . 1 • .. . the east line; thence north parallel with the east line to the centerline of Co. Rd. 6; thence easterly along the centerline of Co. Rd. 6 to the east line of Section 28; thence south along the east line to the southeast corner of Section 28; thence continuing south along the west line of Section 34 673.53' ; � thence easterly 33 feet to the northwest corner of Outlot A Ringerswood Addi— , tion; thence easterly 56.96 feet to a curve deflecting to the south R 350 ` central angle 15° 30'; thence along the curve 94.68 feet; thence south 74° . 33' 08" E. 274.17 feet to a curve deflecting to the north x 258.81 central . angle 56° 40' O1"; thence 255.97 along the curve; thence N 48° 46' S1" - . 38.33 feet; thence S 0° 23' S3" E 314.63 feet; thence south 88° 51' 13" east 590 feet; thenee north 0° 23' S3" W 960 feet along the west line of the northeast 1/4 of the northwest 1/4 to the northwest corner; thence along the north line of the northeast 1/4 of the northwest 1/4 to the northeast corner of the northwest 1/4 of Section 34; thence south along the east line of the northwest 1/4 to the centerline of T.H. 12; thence northwesterly along the centerline of T.H. 12 to the west line of the southeast 1/4 of the northwest 1/4 of Section 34; thence north 165+ feet along the west line of the southeast 1/4 of the northwest 1/4 to the northweat corner; thence west along the south line of the northwest 1/4 of the northwest 1/4 to the southwest corner; thence south 11 feet along the east line of ttie southeast 1/4 of the northeast 1/4 of Section 33; thence west 66 rods parallel and 11 feet south of the north line of the southeast 1/4 of the northeast 1/4; thence south 66 rods west of and parallel to the east line of the southeast 1/4 of the northeast 1/4 to the south line of the north 1/2 of Section 33; thence weat along the south line to the southweat corner of the northwest 1/4 of Section 33, T118, R23 west and there terminating. Page 2. 0515d ��..L a J l_i 1 1 !a � a� � �' � � • , • � AREA II Commencing at a point on the northeasterly right-of-way line of the Burl- ington Northern Railroad and the west line of the southeast 1/4 of the south- east 1/4 of Section 35 T118N, 8 N23W Hennepin County, Minnesota; thence north- westerly along the northeasterly right-of-way line to the southerly right-of- vay line of the Electric Short Line Qailroad; thence easterly along the south- erly right-of-way line of said railroad to the eouthwesterlq line of T.H. 12; thence southeasterly along said highway right-of-way line to a point distant� 385 feet north from the south line of the southeast 1/4; thence west parallel with and 385 feet north of said south line to the west line of the southeast 1/4 of the southeast 1/4; thence south 29.7 feet along said west line to the point of begianing and there terminatiag. AREA III Commencing at a point on the southerly right-of-way line of the Electric Short Line Railroad and the west line of Section 36, T118, Range 23W Hennepin County, Minnesota; thence easterly along said southerly right-of-way line of the railroad to the northwest corner of R.L.S. No. 446; thence southerly 986.45 feet elong the westerly line of R.L.S. No. 446 to the northerly right- of-way line of T.H. 12; thence northwesterly along the northeasterly right-of- way line of T.H. 12 to the southerly right-of-way line of the Electric Short Line Railroad; thence easterly along said southerly line to the point of be- ginning and there terminating. Page 3. OS15d ..,��a�.ia�i 1 t-f � � � . + • � AREA IV Co�nencing at the northeast corner of Section 2, T117N, R23W; thence west 850+ feet along the north line of Section 2 to the northeasterly right-of-uray line of the burlington Northern Railroad; thence southeasterly along the northeasterly right-of-way line of the Burlington Northern Railroad to the east line of Section 2; thence north 600+ feet along the east liae to the aortheast corner of Section 2 and there terminatiag. Page 4. OS15d OgDINANCE �UMBSR 14, SECOND SERIES AN AMSNDMENT TO SBCTION 12.�5 TIME OF CONSTROCTION ADDING: The City Council of Orono Ordains As Follows: Subd. 2 (c.) Failure to complete such exterior construction , shall result in the suspension of the existing permit until payment of 100� of the original building permit has been made. Should this not satisfy the time and materials expenditure of staff the City shall directly bill the amount exceeding the permit with payment required prior to issuance of a final occupancy permit. Any payment under this section does not negate the permit limits of Subd 1 of this section and may not be applied to satisfy payment for a new permit under that section. This does not release the permitee from making appropriate life safety corrections nor negate other Building Code requirements. This ordinance shall be effective upon adoption and publication. Adopted by the City Counci 1 of Orono on this 12th day of Nove ber, 1985, by a vote of 4 ayes and � nays. � . � 0 othy M. lin, City Clerk Ma y C. u er, Mayor Publish the week of November 18, 1985, in the Laker newspaper f � • � . I 'iM� ORDINANCE NUMBER 15, SECOND SERIES AN ORDINANCE ADDING TO THE DANGEROUS WSAPONS AND ARTICLES SECTIONS OF THS ORONO MUNICIPAL CODE The City Council of Orono Ordains As Follows: Chapter 9 of the Municipal Code of Orono is hereby amended by adding to Section 9. 10, Subd 5, A, B, C, D, E, F, G, H, Subd 6, Subd 7 and 5ubd 9 to read as follows: Subd. 5. Permits . Permits may be granted as follows�. A. Trap and Skeet shooting for clubs . B. Trap and Skeet shooting for individuals . C. For training of dogs for clubs or individuals , which permit is valid only on land decribed in the permit by persons with the consent of the owner or lessee thereof. r D. To clubs ar�d individuals . for the aperation of a game and fur farm pursuant to Minnesota Statutes Section 99 . 27, or Minnesota Statutes Sections 100 . 32 to 100 . 37; E. For control of pests , vermin, rodents , or other animal nuisances , except that no hunting of game animals or game birds sh all be allowed. F. Occasional target shooting. G. Field trials , comn:ercial or professional exhibitions or displays , or any similar or lawful purpose as determined by the City Clerk. H. Any person, group, organization that wishes to use an e5tablished range/or trap, skeet facility for any field trial commercial or professional exhibition or display or any similar or lawful purpose shzll apply for their own use permit. The existing per:r�it for gun club shall not cover the special event. This would not preclude that the gun club cannot have its own special events such as annual shoots , turkey shootoff, etc. , as long as it is the gur. club that is responsible permit holder. Subd. 6. Permit classification, fees , permit revocation . The fee for annual permit (club only) or occasional permit (individual , commercial , professional exhibitions) shall be ch arged according to the City tee schedule. A violation of any of the �onditi�ns of a permit sh all resuZt in revocation of the permit and no permit sh all be issued to ar.y club or person for one year after the d-ate of such revocation. � � , � � � Subd. 7. Permit procedure. When a person or club applies for a permit, the city administrator may require certain infor��ation to be on the application and permit form. - 1. Location of event 2. Site visit to be req uired. 3. Intended use of permit. 4 . Certificate of Insurance 5. Hours of shooting 6 . Number of participants 7. Notice to police prior to shooting. This notice to be within one hour of commencement of event. 8. Annual permit to require notice to be given to surrounding property owners and an opportunity for them to object prior to issuance of a permit under t'his section , but such objections shall not require the perm�.t to be withheld. Any person may appeal the denial of a permit to the Council . ' Subd. 9 . Confiscation. The firearms , bow and arrow, explosives , or other dangerous weapons of the alleged violator of this Section may be confiscated at the time of arrest , and returned only if the violator is adjudged not guilty of the offense ch arged and no liability of damages shall result therefrom. Confiscated firearms may be disposed of as provi ded by 1 aw. Violation of an annual permit by club would not result in confis cation as listed in Subd. 9 . This ordinance shall be effective upon adoption and publication. Adopted by the City Counci 1 of Orono on this 28th day of Oct ber, 1985, by a vote of 4 ayes and � nays. f � � rothy M Hallin, City Clerk Mary C. t er, ayor ORDINANCE NUl4BER 16, SECOND SERIES AN ORDINANCE ADDI�G TO THE DANGBROOS WBAPO�S AND ARTICLSS SBCTIONS OF THE O�ONO MUNICIPAL CODE The City Council of Orono Ordains As Follows: Chapter 9 of the Municipal Code of Orono is hereby amended by adding to Section 9. 10 , Subd 1 , (I ) to read as follows: Sec.9. 10 . DANGEROUS WEAPONS AND ARTICLES I. Possess , carry, transport, or control any knife or bladed instrument capable of cutting, stabbing or inj uring while on s chool property, in a s chool bus , or on public streets or sidewalks adj acent thereto except where such knives and bladed instruments are used in or as part of any instructional activity carried on in the school, used in the preparation or consumption of food in a lunchroom, or other place where food is custom- arily prepared or served, or when used as a tool by a person authorized to perform construction, repair or maintenance services on school property. This ordinance shall be effective upon adoption and publication. Adopted by the City Counci 1 of Orono on this 28th day of October, 1985, by a vote of 4 ayes and 0 nays. D othy M. allin, City Clerk Mary C. er, Mayor . DIRECTORY FOR 1986 FEE SCHEDULE '' �y Charges Page Permits Page .ministration . . . . . . . . . 13 Building Permits Fees . . . . . . 5 Police Reports . . . . . . . . . 12 Demolition Permit Fee . . . . . . 5 Fire Permit Fee . . . . . . . . . 9 Firearms Permit Fee . . . . . . . 11 Documents Fireworks Permit Fee . . . . . 11 Special Assessment Searches . . . 10 Grading, Excavating Permit . . . 7 Zoning Dept Documents . . . . . . 10 Large Assembly Permits . . . . . 11 Realtors Listing Information . . 10 Mechanical Permit Fees . . . . . 5 Move/Lift a Building Permit Fee . 8 Municipal Hookup (Sewer & Water) . 7 False Alarm User Fee . . . . . . . 12 On-Site Systems (Septic) . . . . 7 Parades & Special Events . . . . 11 Plumbing Permit . . . . . . . . . 5 Golf Course Rates . . . . . . . . 13 Trapping Permit (limited) . . . 11 Well Permit Fee . . . . . . . '. . 7 Water Meter Fees . . . . . . . . 7 Inspections Special Inspection Charges � . . 8 Services Contractural Inspection Service . 9 Finger Printing Service (police) . . 12 Water Turn-On Service Charge . . . 12 Water Turn-Off Service Charge . . . 12 Licenses Amusement Devises . . . . . . . . 11 Signs Commercial Marina License . . . . 9 Land Use Signs (Zoning) . . . . . . 10 Cigarette License . . . . . . . . 10 Street Signs (Public Works ) . . . . 14 g Licenses . . . . . . . . . 10 Temporary & Permanent . . . . . . . 7 _ance (Public) License . . . . 11 Otility Rate Charges . . . . . . . 12 Gambling and/or Raffle License . 10 Garbage Hauler' s License . . . . 9 Zoning Applications Kennel License . . . . . . . . 10 After-the-Fact Fees . . . . . . . . 3 Joint Use Dock License . . . . . 9 Amendments . . . . . . . . . . 2 Liquor Licenses . . . . . . . . 11 Appeals Application Fees . . . . . 2 Septic Installer' s License . . . 9 Conditional Use Permit Fees . . . . 1 Solicitation License . . . . . . 10 Industrial Revenue Bond App . . . . 2 Theater License . . . . . . . . 11 Park Fees . . . . . . . . . . . . . 4 Temp. Trailer/Building License . 9 Rezoning Application Fee . . . . . 2 Rip Rap Application Fee . . . . . 2 Maps For Sale . . . . . . . . . . 10 Special Improvements App . . . . . 2 Subdivision Application Fee . . . . 1 Vacation Application Fee . . . . . 2 Variance Application Fee . . . . . 1 ORDINANCE NO. �� , SECOND SERIES AN ORDINANCE ADOPTING THE 1986 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 10, SECOND SERIES The City Council of the City of Orono ordains : Section 1. Ordinance Repealed. Ordinance No. 10, Second Series is hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following Fees effective during the calendar year of 1986: SECTION 1. Fees. ZONING APPLICATIONS All fees are ap�lication fees and are non-refundable after staff work has begun or the application. Application Tvne Applicable Fee Code Sectior VARIANCE (Flexible applications involving more $ 150.00 than one varihnce will require an additional $50.00 payment per each variance) - RENEWAL VARIANCE (No change from original �$ 75.00 ` Application) CONDITIONAL OSE PERMiT (One charge per pro�ect) Residential Accessory Use (Animals, etc) $ 100.00 Institutional Use (School, Church, etc. ) $ 150.00 Duplex Credit (per building) $ 150.00 Commercial/Industrial Use $ 250.00 Temporary Dwelling $ 100.00 Land Alteration a) grading, filling, etc. $ 200.00+permit b) sea walls, retaining $ 200.00+permit walls within 0-75' lakeshore PRD Application with Subdivisic•n Subdivision Fee plus $30. per dwelling unit PRD Application without Subdiv� sion $ 35.00 per dwel2ing uni (minimum $150.00) PID Applications $ 150.00 per acre (minimum $350.00) After-the-Fact Fees Double Application Fee COMMERCIAL SITE PLAN $ 150.00+ SUBDIVISION Sketch Plan (Class I, II & III) $ 150.00 Preliminary Review " (Class I & II Subdivisions) $ 250.00 Preliminary Review $ 300.00 plus $20.00 per (Class III and all non-residential) ($360/3 lots; $380/4 lots Final Plat Review (Class III ) $ 150 + special legal or Filing Fees engineering charges a) Plat Only $ 75.00 b) Plat + Easements & Covenants $ 150.OQ Page 1 of 14 ZONING APPLICATIONS (CONT) Applicable Application Type Fee Code Section PUBLIC PROPERTY VACATION $ 50. 00 per benefitting property $ 250.00 minimum per application EASEMENT VACATIONS WITH SUBDIVISION APPLICATIONS $ 50.00 EASEMENT VACATIONS NOT ASSOCIATED WITH $ 150.00 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $ 250. 00 REgUEST TO AMEND COMPREHENSIVE PLAN $ 250.00 SPECIAL IMPROVEMENTS � Non-refundable charges for City Engineer' s review of applications and design drawings, including const�uction inspectionfees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $ 600. 00 plus 50¢/lineal foot Proposed Public Roads $ 900.00 plus 50¢/lineal f oot Request for City to accept existing private road $ 600.00 Proposed Sanitary Sewer Main Extension $ 250.00 plus $5. 00 per stub Proposed Water Main Extension $ 250.00 plus $5. 00 per stub Proposed Storm Sewer System (excluding culverts ) $ 200.00 On-Site System - Site Evaluation Review (applicable to rural subdivision applications) $ 30.00 per new lot proposed for on-site RIP RAP Staff review (normal rip rap) No Charge Unusual rip rap: a) new installation CUP review + $100.00 permit b) repair existing Staff permit = $100.00 APPEAL TO PLANNING COMMISSION (of Zoning Administrator decision) $ 100.00 INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: 0. 1$ of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/administrative expenses Page 2 of 14 ZONING APPLICATIONS (CONT) ' Applicable Application Type Fee Code Section SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule setforth below: Professional Time $ 25.00/hour Clerical Time $ 15. 00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES Resol. 1306 (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits ) . Whenever any work, use or division of land for which a formal application is required has been commenced without f irst making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the applicatio$ process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after- the-fact applications shall be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact applicationfee shallnot constitute approvalor authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencinq such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Page 3 of 14 � ZONING APPLICATIONS (CONT. ) PARK DIDICATION F'EES Ord. 220 Cash contributions in lieu of land for use in the aoquisition, develogr�nt or maintenance of public parks, playgrounds, storm water holding areas and debt retir�nent in oonnection with land previously aoquired for such public purposes. Residential Developme�it - Cash contrit�tions dedicated shall be according to the follvwing table: Dwelling Unit Density A B C D E ('I�te greater of proposed density Single Single Duplex Mult. Existing or zoned permitted density) Existing New Per Bldg. Per Unit Res. acres/d.u. d.u./acre 5.00 or more .20 or less $ 50 $100 $ 250 $150 $0 2.00 to 4.99 .50 to .21 150 200 500 300 0- 1.00 to 1.99 1.00 to .51 350 400 1000 600 0 .50 to .99 2.00 to 1.01 390 440 1100 660 0 .33 to .49 3.00 to 2r.01 430 480 1200 720 0 .25 to .32 4.00 to 3.01 470 520 1300 780 0 .16 to .24 6.00 to 4.01 510 560 1400 840 0 .15 or less 6.01 or more 550 600 1500 900 0 K� A Single Family Residence, Existing Vacant Lot: fee ta be paid with building permit for new residence on previously platted property or; if vacant land is subdivided, fee to be paid with subdivision for the one "existing" residential lot. B Single Family Residence, New Lot: fee to be paid with subdivision for each "new" residential lot. C Duplex Residential: fee to be paid with building permit or with subdivision, whichever occursfirst, for each duplex building (duplex is defined as two attached single family residential units ) . Should an existing single family residence be converted to duplex, the fee shall be one half of the schedule amount due with the building permit. D Multifamily Residential: fee to be paid with building permit or with subdivision, whichever occurs first, for each residential unit in a multifamily (three or more units) building. E Existing Residential: no fee is required for existing principal residential units. PARK DEDICATION FEES Commercial or Industrial Development - Cash contributions dedicated shall be at the rate of $500. 00 per acre of gross land area, to be paid with building permit for principal structure or at the time of subdivision, whichever occurs first. Page 4 of 14 • CONSTRUCTION PERMITS AND INSPECTION FEES Applicable � �erfiit Type Fee Code Section BUILDING PERMIT (Ord:216 ) Minimum Fee $ 25.00 Normal Fee (per 1982 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1982 UBC/SBC Standard Schedule) Residential 50$ of Building Permit Fee CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT $ 30.00 DOCRS - RESIDSNTIAL $ 25.00 DEMOLITION PERMIT (Ord. 216 ) Principal Use $ 30.00 Accessory Ose $ 20.00 ` � PLUMBING PERMIT $ 4.00/fixture ' $ 25.00 minimum/project Mail-in postage & handling charge $ 1.50 $ 2.00/fixture reset MECHANICAL PERMIT (Ord.216 ) Minimum Fee for any Mechanical Permit $ 25.00 per project Mail-in postage & handling charge $ 1.50 Residential, Sinqle Family & Du lex by Unit Type - furnace or boiler with f lue $ 20.00 each unit - wood stove with flue $ 30.00 - wood combination or add-on unit $ 30.00 - fireplace with flue $ 30.00 each unit - central air conditioning $ 20.00 each unit - exhaust fans (bath, kitchen, attic, etc) $ 5.00 each location - solar space heating equipment $ 50.00 each system - solar water heaters $ 20.00 each unit - repairs and replacement of the above same as above - fire sprinkler systems $ 20.00/project - fuel storage $ 20.00 permanent $ 10.00 temporary Gas Line Inspection High/Low Pressure $ 30.00 Page 5 of 14 Commercial, Industrial and Multi-Family Residential by Unit Tv e - residential type equipment per schedule above - furnace, boilers, unit heaters, and makeup air units $ 4.00 per 10, 000 btuh output - central air conditioning $ 10.00 per ton AC - exhaust fans $ 10.00 each - refrigeration $ 25.00 per compressor - fixed equipment with steam, hydraulic or compressed air system $ 2.00 per connection - fire sprinkler systems $ 2.00 per head/first 50 heads - .30 per head after initial 50 Plan reveiw 1/2 permit fee - fuel storage $ 20.00 permanent $ 10.00 temporary Page 6 of 14 � ' CONSTRUCTION PERMITS AND INSPECTION FEES (CONT) Applicable Permit Type Fee Code Section MUNICIPAL CONNECTION PERMIT Sewer $ 30.00 Water $ 30. 00 5/8" meter $ 95.00 3/4" meter $ 130.00 larger meter quote basis Mail-in postage & handling charge (sewer, $ 1.50 water permits only) ON-SITE SYSTEMS (Ord. 210 ) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 30.00/per new lot Residential System Permit: Replace drainfield or replace 1 or more tank$ 30.00 Replace drainfield ,& replace 1 or more tanks$ 50.00 New residential system $ 75.00 + $15.00 per inspection over 3 Non-Residential System Permit > New or Total replacement $ 100.00 + $20. 00 per insp over 4 Partial Replacement $ 60.00 + $20. 00 per each inspection over 2 Outhouse Construction (New o. Replacement Based on Building Permit Big I:_ �and Only) Schedule ($38.00 minimum including Plan Review) Annual Service Charge $ 20.00/system/year plus 10$ late penalty for unpaid charges certified INDIVIDUAL WELLS (Ord. 221) Installation Permit $ 30. 00 GRADING, EXCAVATION, FILLING Design Review Fees (staff only) $ 25.00 Minimum + engineering fees 1-100 cubic yards (max. 10 loads ) $ 50. 00 (staff permit) 101 cubic yards or more $ 100. 00 + Cond. Use Permit + 25.00 per inspection for each over first inspection NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of a building permit. SIGNS Temporary $ 25. 00 Permanent (Per 1982 UBC/SBC Standard Schedule) Page 7 of 14 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT) Applicable Permit Type Fee Code Section BUILDING MOVING OR LIFTING (Ord. 227 ) (Fees for this activity are in addition to required buildinq or demolition permits. Feesand any necessarysurchargesare required to pay costsof building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. ) - Lifting accessory buildings $ 30.00 (no move across lot lines ) - Lifting principal buildings $ 75.00 (no move across lot lines) (include pre-lift inspection fee) - Moving accessory buildings within normal No moving permit required highway clearance (max. 8 ft wide/max. 13 '-6" high/max. 45 ' long) - Moving accessory buildings over any lot line, $ 100.00 ' onto or off any lot within Orono (includes oversize loads up to 12 ft wide and/or 15 ft high) . ' - Moving principal buildings over any lot $ 150.00 line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or terminating in Orono. (includes all oversize loads exceeding 12 ft wide and/or 15 ft high) - Pre-move code inspection, principal buildings: a) Building within Orono to be relocated within Orono $ 50.00 b) Building outside Orono to be moved into Orono (max. radius 25 miles ) $ 150.00 SPECIAL INSPECTION CHARGES Site Inspection without permit $ 25.00 per trip (when called by owner) Inspection surcharge for work or $ 25. 00 per trip application on Big Island or Deering Island + Boat rental Reinspection Fee after failure to $ 25.00 per trip comply with Building or Zoning Code Correction Notice Inspections outside business hours $ 25. 00 per hour (min 2 hours ) Page 8 of 14 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT) Applicable Permit Type Fee Code Section FIRE PROTECTION Ord. 223 Fire Prevention Inspection No Charge Fire Code Permits $ 30.00 each Commercial Fire Alarm $ 100.00 Plan Review Fee $ 50.00 CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.00 Inspection Charge $ 20.00 per hour Plan Review Charge SBC/UBC Schedule LICENSES & MISCELLANEOUS CHARGES Zoning Department Admini�tered COMMERCIAL MARINA LICENSE Application Fee (initial) $ 300. 00+slip & boat fees Renewal Application & Inspection Fee (annual) plus: $ 200.00+slip & boat fees -each slip on water $ 2.00 -each dry slip inside or in racks $ 2.00 -each boat unit on land $ 1. 00 -late fee $ 150. 00 JOINT USE DOCK LICENSE Application Fee (initial) $ 50.00 Renewal Application Fee $ 20.00 Plus each slip $ 2.00 Late Fee $ 25.00 SEPTIC INSTALLERS LICENSE - Annual $ 25.00 GARBAGE HAULER LICENSE - flat rate $ 30.00 - per hauler ($15/truck) $ 15. 00 - transfer fee $ 30. 00 PUBLIC DUMP LICENSE None Permitted TEMPORARY TRAILERS & BUILDINGS LICENSE $ 30 .00 Page 9 of 14 . LICENSES & MISCELLANEOUS CHARGES (CONT) Applicable Zoning Department Administered Fee Code Section ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980 ) $ 30.00 Municipal Code Book $75.00 W/Binder $50.00 w/Binder (1 vol. ) $50.00 W/O Binder Individual Chapters of Municipal Code $ 25.00 On-Site Treatment Code $ 2.00 On-Site Design Manual $ 5.00 City Maps $ 2.00 each Building & Planning Publications As Posted - Prices Subject to change Land Use Application Signs $ 50.00 Deposit (deposits not returned if sign is damaged or lost) Service Fee - Pickup or delivery of sign $ 10.00 General Administrative Licenses Cigarette Sales License - per quarter $ 5.00 5.24 Gambling & Raffle License $ 10.00 5.23 Solicitation License $ 20. 00 5.30 General Administrative Documents Realtors Listing Information $ 5.00 Assessment Searches $ 10.00/parcel Copy Service (for public City records only) -first copy $ 1.00 _ -additional copies $ 0.25 each Individual Copies of ordinances (1 copy) No Charge Applicable DOGS & KENNELS Fee Code Section DOG LICENSES 9.12 Biannual License (issued in odd years) $ 15.00 Annual License (issued in even years only) $ 7.50 KENNEL LICENSES 5. 36 Commercial Application & Inspection Fee $ 100.00 (annual) Residential Application & Inspection Fee $ 25.00 (Annual) Note: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. DOGS AT LARGE - RELEASE FEE 9.12 First Offense $ 20. 00 Second Offense $ 30.00 Third Offense $ 40.00 All Fees, plus kennel charge, payable to kennel Page 10 of 14 LICENSES & MISCELLANEOUS CHARGES (CONT) Applicable DOGS & KENNELS Fees Code Section ANIMALS AT LARGE (Other than dogs ) 9. 13 First Offense $ 20. 00 Second Offense $ 35.00 Third Offense $ 50. 00 Trace & Catch Animal $ 20. 00/hour Trailer Charge $ 20.00 plus 25¢ mile (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost Applicable Police Department Administered Fee Code Section BEER, WINE & LIQUOR LICENSES . Initial Investigation Fee $ 150.00/person Resol. 1306 On Sale Liquor License $4,000.00 4. 30 On Sale Wine License $ 750.00 4. 40 3.2 Beer Off-Sale (annual) $ 25. 00 4.20 3.2 Beer On-Sale (annual) $ 75. 00 4. 20 Setups (annual) $ 100. 00 �� Club Liquor License (weekday) $ 100. 00 4. 50 (Sunday) $ 200. 00 4.50 Temporary Set-up permit (ane day) $ 25. 00/each 4.61 Temporary Beer permit (one day) $ 15. 00/each 4. 21 AMUSEMENT DEVICE LICENSES 5. 20 Per establishment (annual) $ 100. 00 plus machine fee Per machine fee $ 25.00 each THEATER LICENSE (annual) $ 300. 00 5.25 PUBLIC DANCE LICENSE (annual) $ 100. 00 5. 21 (individual permit) $ 10.00 5. 21 LARGE ASSEMBLY PERMIT $ 50. 00 5. 25 FIREWORKS PERMIT $ 10. 00 9. 10 FIREARMS PERMIT (limited use) $ 10. 00 9. 10 Annual (Club Only) $ 25. 00 LIMITED TRAPPING PERMIT $ 10.00 9.11 (Ord. 232 ) (Ord. 243 ) PERMIT FOR PARADES & SPECIAL EVENTS $ 25.00 6. 08 Page 11 of 14 LICENSES & MISCELLANEOUS CHARGES (CONT) Applicable Police Department Administered Fee Code Section FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50.00 each call (4-10 total) Next 5 false alarms/calendar year $ 100. 00 each call (11-15 total) Each additional false alarm over $ 150. 00 each call 15/calendar year FINGER PRINTING SERVICE $ 10.00/application (citizenship n/c) COPY SERVICE First Copy � $ 1.00 Additional Copies $ 0.25 each ACCIDENT REPORTS $ 3. 00 each "NO PARKING ORDER OF POLICE" PAPER SIGNS $ . 25 each PUBLIC WORRS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates - Effective date January l, 1984 N�INICIPAL SIIn1IIt RATE by unit: $ 42.90 per quarter by flaw: $ 2.10 per quarter/connection plus $2.05/1000 gallons Area #1 Area #2 Area #3 MUNICIPAL 4�TF.R RATFS Navarre Ipng La}ce Wayzata 8illing & Ready to Serve Chg $13.85/qtr. $6.25/qtr $5.35/qtr Water Useage Rate $ 1.03/1000 gal. $2.50/1000 gal $1.47/1000 gal. Unoonnected Property Chg $13.85/qtr -0- -0- (Ready to Serve/Fiydr'ant Chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $13.85/qtr billing chg. plus $1.03/1000 gallon total flow at border meter. Penalty for late payment of sewer/water bills - 15$ after 45 days from billing date Water Turn-On $15.00 Water Turn-Off $15.00 Water System Repair/Replacement if damage cause by property owner: Labor - Current Hourly Rate Parts - At Cost Page 12 of 14 . . . PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT) GOLF COURSE CHARGES - Effective date 1985 Season Fee Monday through Friday (Excluding Holidays ) Begin Play Before 12:00 noon lst Nine Holes $ 4. 50 2nd Nine Holes $ 3.00 After 12 noon and Weekend rates lst Nine Holes $ 5. 00 2nd Nine Holes $ 3.00 League Rates Monday through Friday $ 4.50 Senior Citizen (Over 60 Years Old) Begin Play Before 12:00 noon lst Nine Holes $ 3.50 • (Weekdays) 2nd Nine Holes $ 3.00 (Weekdays ) , lst Nine Holes $ 5.00 (Weekends) 2nd Nine Holes $ 3. 00 (Weekends ) Season Ticket (Senior Citizens Only) $90. 00 Golf Cart Rental Motorized lst Nine Holes $ 7 .00 2nd Nine Holes $ 6. 50 Pull Carts - Per Round $ .75 Golf Clubs - Per Round $ 2.00 Concessions As Posted Page 13 of 14 ► � . PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT) PUBLIC WOR�S SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75.00/std. sign (sale includes installation) Driveway culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Inspection/Consultation Fees (Same rate as zoning staff surcharge) Driveway/Curb-Cut permits Individual Driveways To Be Established New Street Intersections (See zoning section - special improvements fees) SECTION 2. This ordinance establishing the 1985fee schedule shall be published in the Lake Minnetonka Sun and Laker Newspaper and shall be effective upon publication. .. Adopted by the City Council of the City of Orono on this 23rd day of December, 1985. • ATT ST: � � � � � v� rothy M allin, City Clerk Mary C. �n ler, Mayor \ Page 14 of 14 ` ��.M ORDINANCE NUMBER 17, SECOND SERIES SUMMARY APPROVAL The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 17, Second Series" and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publi�ation of the title and such summary will clearly inform the public of the intent and effect of the ordinance. ; ' : OFFICIAL SUMMARY OF ORDINANCE NUMBER 17, SECOND SERIES The following is new language added to Ordinance Number 17, Second Series: CONSTRUCTION PERMITS AND INSPECTION FEES FIRE PROTECTION Burning Permit $100.00 � (For more than Five (5) ' time a year - for all organizations and individuals regardless of tax status. Occasional Burning No Charge A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk. Adopted by the City Council this lOth day of February, 1986. � . � Tim Adam , Acting Mayor ATT �T: i �� Do o.thy M. allin, ity Clerk �' w ORDINANCE NUMBER 17, SECOND SERIES SUMMARY APPROVAL The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 17, Second Series" and a copy of which is attached hereto, clearly informs the public of the intent and effect o£ the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. OFFICIAL SOMMARY OF ORDINANCE NUI�IBER 17, SECOND SERIES The following is new language added to Ordinance Number 17, Second Series: CONSTRUCTION PERMITS AND INSPECTION FEES Building Permit Building Valuation Standard (Per Current I.C.B.O. Building Standards/ � Building Valuation Data) SIGNS Temporary "No Parking" Signs $1. 00 Each A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk. Adopted by the City Council this 24th day of February, 1986 by a vote of 3 Ayes and � Nays. �' C� �� � Tim Adams, Acting Mayor ATTE T: o thy M. lin, ity Clerk a � . ,� • � r� � ORDINANCE NUMBER 18, SECOND SERIES AN ORDINANCE REPEALING SECTIONS OF ORDINANCE SECTION 2 AND SUBSTITUTING LANGUAGE THBREFOR: The City Council of the City of Orono ordains: Ordinance Repealed. Ordinance Section 2.06, 2.08, 2.09, 2. 10, 2.11 , 2. 16 and 2.18 are hereby reapealed and the following language substituted in its place: SEC. 2.06. CITY ADMINISTRATOR. Subd. 1. Position Established. The position of City Administrator is hereby established. Subd. 2. Appointment and Removal . The City Administrator shall be appointed by the Council for an indefinite term. He shall not be removed except by affirmative action taken by the Council twice at two regular meetings held within sixty days. The action taken at the first such meeting shall be an expression of intent to vote thereon at the second such regular meeting not to be held sooner than ten days thereafter. If, at any time after the Administrator has completed six months of continuous service , the Council takes such action, the City Administrator may within thirty days after written notice of removal , request a public hearing which the Council must grant and which must be started within thirty days after the request. Subd. 3. Qualifications. The City Administrator shall be selected solely on the basis of the person's executive and administrative qualifications with special reference both to experience, formal education, as well as knowledge of accepted practices pertaining to the duties of the office. Subd. 4. Duties. The City Administrator shall be the chief administrative officer of the City and shall be responsible to the Council for the proper administration of all affairs to the City and to that end shall have the power and shall be required to: A. Supervise the administration of all Departments , offices and divisions of the City except as otherwise provided by law and carry out any other responsibilities placed under the Administrator's jurisdiction by this Chapter or by subsequent Council action. The Administrator shall interview and screen all prospective City employees as permitted by law and may make recommendations to the Council before the Council makes any appointment. The City Administrator may suspend any employee until the next council meeting. If the City Council does not act to modify or rescind the suspension, the suspension shall be deemed ratified by the City Council. 1 ' . . , � �. Develop and issue all administrative policies, rules, regulations and procedures necessary to insure the proper functioning of all departments and offices under the Administrator's jurisdiction as permitted by law and Council approval. C. Prepare and submit an annual budget to the Council and keep the Council advised of the financial condition of the City and make such recommendations as may from time to time be determined desirable and necessary. D. Attend and participate in discussions at all meetings of the Council and other official bodies as directed by the Council. The City Administrator shall also represent the City at all official or semi-official functions as may be ' directed by the Council and not in conflict with the prerogatives of the Mayor. E. See that all laws and provisions of the City code are duly enforced. F. Make or let purchases and contracts when the amount thereof does not exceed $ 5 , 0J00. 0fd and to receive estimates , quotations , sealed bids, purchases or contracts in excess of $5,0Qlf�.00 and present them to the Council for official action. G. Recommend from time to time the adoption of such measures as the Administrator may deem necessary or expedient for the health, safety and welfare of the community or for the improvement of the administration. H. Perform such other duties as may be required by the Council and consistent with Minnesota Statues and the City Code. Subd. 5. Bond Required. The City Administrator shall furnish a surety bond to be approved by the Counci l, said bond to be conditioned on the faithful performance of those duties. The premium of the bond shall be paid by the City. Subd. 6. Deputy City Clerk. The City Administrator shall, by virture of that position, be a Deputy City Clerk. Subd. 7. General Supervisory Capacity. No member of the Council shall in any manner interfere with, or prevent the City Administrator from exercising the Administrator's own judgement in the administration of the City. Except for the purpose of inquiry, no member of the Council shall deal with or exercise control over the administration of the City, and no member shall give orders to any Department Head or employee of the City, either publicly or privately except through a majority vote of the Council. SEC. 2.07. RIGHT TO ADMINISTRATIVE APPEAL. I f any 2 i . � ` , � person shall be aggrieved by any administrative decision of the City Administrator or any other City official, or any Board or Commission not having within its structure an established review schedule or an appellate procedure, such aggrieved person is entitled to a full hearing before the Council upon serving a written request therefore upon the Mayor and City Clerk at least seven (7) days prior to any regular Council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing the appellant may present any evidence the appellant deems pertinent to the appeal, but the City shall not be required to keep a verbatim record of the proceedings. The Mayor, or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on the Mayor's own motion or the motion of the appel lant, the City Clerk, or a ' member of the Council , adjourn the hearing to a more convenient time or place , but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening. An employee of the City who is aggrieved by an action or decision of another City employee that relates to their employment shall exhaust the grievance procedures set forth in the Administrative and Personnel Policy before requesting a hearing before the City council. SEC. 2.08. ROLES OF PROCEDIIRE FOR APPEALS AND OTHER HEARINGS. The Council may adopt by resolution certain written rules of procedure to be followed in all administrative appeals and other hearings to be held before the Council or other bodies authorized to hold hearings and determine questions therein presented. Such rules of procedure shall be effective thirty (30) days after adoption and shall be for the purpose of establishing and maintaining order and decorum in the proceedings. SEC. 2.09. FACSIMILE SIGNATDRES. The Mayor, City Clerk or Deputy City Clerk, and Treasurer or Deputy City Treasurer are hereby authorized to request a depository of city funds to honor an order for payment when such instrument bears a facsimile of that person's signature, and to charge the same to the account designated thereon or upon which it is drawn, as effectively as though it were the person's manually written signature. Such authority is granted only for the purpose of permitting such officers an economy of time and effort. SEC. 2.18. INTEIItIM EMSRGENCY SUCCESSION. Subd. 1. Purpose. Due to the existing possibility of a nuclear attack or a natural disaster requiring a declaration of a state of emergency, it is found urgent and necessary to insure the continuity of duly elected and lawful leadership of the City to provide for the continuity of the government and the emergency interim succession of key governmental officials by providing a method for temporary emergency appointments to their offices . Subd. 2. Succession to Loca 1 Of f ices. In the event of 3 T � a nuclear attack upon the United States or a natural disaster affecting the vicinity of the City, the Mayor, Council, City Administrator and City Clerk shall be forthwith notified by any one of said persons and by any means avai lable to gather at the City Hall. In the event that safety or convenience dictate, an alternative place of ineeting may be designated. Those gathered shall proceed as follows: A. By majority vote of those persons present, regardless of number, they shall elect a Chairman and Secretary to preside and keep minutes , respectively. B. They shall review and record the specific facts relating to the nuclear attack or natural disaster and injuries to persons or damage to property already done, or the imminence � thereof . C. They may, based on such facts , declare a state of emergency. D. By majority vote of those persons present, regardless of number, they shall fill all positions on the Council , (including the office of Mayor) of those persons upon whom notice could not be served or who are unable to be present. E. Such interim successors shall serve until such time as the duly elected official is again available and returns to that position, or the state of emergency has passed and a successor is designated and qualifies as required by law, whichever shall occur first. Subd. 3. Duties of the Interim Emergency Council. The Interim Emergency Council shall exercice the powers and duties of their offices, and appoint other key government officials to serve during the emergency. SEC. 2.11. ACTIpG ADMINISTRATOR. The Administrator may appoint an Acting Administrator to discharge the duties of the administrator's office when the Administrator is on vacation, sick leave, leave, or out of the area on business. If the City Council does not rescind or modify the appointment at the next City Council meeting, the appointment shall be deemed ratified. If the City Administrator no longer holds the position, the Mayor may appoint an Acting Administrator subject to concurrence of the Council at their next regular scheduled meeting. The appointment shall state the powers and authority granted to the Acting Administrator . SEC. 2.16. WORKER'S COMPEPSATION. All officers of the City elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of "employee" as defined in Minnesota Statutes relating to coverage for purposes of worker ' s compensation entitlement. The term "employee" shall include, but 4 0 a , �„ � + � not by way of limitation of the foregoing , police reserve officers. ` SEC. 2.18. ADMINISTRATIVE AND PERSONNEL POLICY. The Council may by resolution establish an Administrative and Personnel Policy setting forth the rights , duties and responsibilities of employees. The policy may from time to time be amended by resolution. Effective Date. This ordinance becomes effective from and afte�r its passage and publication in accordance with law. Passed this 27th day of January, 1986. , � Mary C. BuC er, Mayor ATTE T: D othy M. lin, City Clerk 5 � ORDINANCE NOMBER 18, SECOND SERIES SOM!lARY APPROVSD The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 18, Second Series" and a copy of which is attachec3 hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. 6 � OFFICIAL SUNII�lARY OF ORDINANCE N[IMBER 18, SECOND SERIES The following is now Section 2. 06, Subdivision A: A. Supervi .� e the administration of all Departments , offices and divisions of the City except as otherwise provided by law and carry out any other responsibilities placed under the Administrator's jurisdiction by this Chapter or by subsequet�t Council action. The Administrator shall interview and screen all prospective City employees as permitted by law and may make recommendations to the Council before the Council makes an�y appointment. The City Administrator may suspend any employee urti 1 the next counci 1 meeting. If the City Council does not act �o modify or rescind the suspension, . the suspension shall be dee�;:�d ratified by the City Council. and Section 2. 07 SEC. 2.07. RIGHT '�'O ADMINISTRATIVE APPEAL. If any person shall be aggrieved by any administrative decision of the City Administrator or any ot. '�er City official , or any Board or Commission not having within �.ts structure an established review schedule or an appellate pr -cedure, such aggrieved person is entitled to a full hearing :��Fore the Council upon serving a written request therefore upo►; the Mayor and City Clerk at least seven (7) days prior to any regular Council meeting. Such request shall contain a gent, :al statement setting forth the administrative decision to be �hallenged by the appellant. At such hearing the appellant may �resent any evidence the appellant deems pertinent to the appeal, :�ut the City shall not be required to keep a verbatim record of the proceedings. The Mayor , or other officer presiding at the hearing, may, in the interest of justice or to comply with timE: requirements and on the Mayor's own motion or the motion of th� appellant, the City Clerk, or a member of the Council , adjourr the hearing to a more convenient time or place, but such tirne or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening. An employee of the City who is aggrieved by an action or decision of another City employee that relates to their employment shall exhaust the grievance procedures set forth in the Administrative and Personnel Policy before requesting a hearing before the City council. and Section 2. 11 SEC. 2.11. ACTING ADMII�ISTRATOR. The Administrator may appoint an Acting Administrator to discharge the duties of the administrator's office when the Administrator is on vacation, sick leave, leave, or out of the area on business. If the City Council does not rescind or modify the appointment at the next City Council meeting, the appointment shall be deemed ratified. If the City Administrator no longer holds the position, the Mayor may appoint an Acting Administrator subject to concurrence of the Council at their next regular scheduled meeting. The appointment 7 . y , . � shall state the powers and authority granted to the Acting Administrator. A printed copy of the ordinance is available for inspection by any person at the Office of the City Clerk. . Adopted by the City Council this 27th day of January, 1985. ��� L ' Mary C. B ler, Mayor ATTE T: L orothy M. llin, ity Clerk Publish in the Laker and Pioneer newspaper the week of February 3, 1986. 8 h - � i O�INANCE NUMBER 19, SECOND SERIES AN ORDINANCE REPEALING SECTION 9.38 AND SUBSTITUTING LANGUAGE THEREFOR: The City Council of the City of Orono ordains : Ordinance Repealed. Ordinance Section 9.30 is hereby repealed and the following language substituted in its place. SEC. 9.3H. OPEN BQRNING AND AIR POLLIITION CONTROL. Subd. l. For the purpose of protecting the public health, safety and welfare of the community it is unlawful for any person to burn or permit burning of any grass, weeds, leaves, rubbish or other substance upon premises owned or occupied by him, except as otherwise provided by this Code. Subd. 2. The Air Pollution Control rules, as amended in 1977, promulgated by the Minensota Pollution Control Agency, are hereby adopted by reference as though set forth verbatim herein. One copy of said Rules shall be marked CITY OF ORONO - OFFICIAL COPY and kept on file in the office of the City Clerk and open to inspection and use by the public. It is unlawful to violate a provision of this Section or of the Air Pollution Control rules hereby adopted by reference. Subd. 3. Exceptions. The following open burning shall be excepted from the regulation of this Section, provided that with respect to subparagraphs B, C and D below, an appropriate permit shall first be obtained . A. Open fires used solely for the preparation of food in an approved recepticle. B. Fires set for the instruction and training of public and industrial fire fighting personnel. C. Fires set for the elimination of fire hazards which cannot be abated by any other practical means. D. The burning of trees , brush , grass or other vegetable matter in the clearing of land, right-of-way or public lands maintenance operations and agricultural crop burning . Subd. 4. Permit Required. Burning pursuant to Subparagraphs B, C and D of Subdivision 3 hereof shall be permitted upon the issuance of an annual or occasional permit by the Building Official and/or the Public Works Coordinator. Annual permits shall be issued to anyone who anticipates or actually burns more than five times per year. A fee shall be charged for annual permits. Permits are issued subject to the following conditions: 1 . �_ � A . The permittee , or his authorized representative, will be present at any fire so allowed. B. Such burning will be done only when weather conditions are such that resultant smoke will be carried away from the neighboring residences, other affected property owners, or public roadways. C. That such permit be subject to revocation at any time if the City determines that there is a practical, available alternate method for disposal of the material to be burned or that such burning will constitute a fire hazard, a health hazard, or that a traffic hazard would resu lt. D. Occasional permits may be issued following - inspection of the site and materials. Annual permit holders must contact the City for an inspection prior to undertaking any burning during the permit period. Subd. 5. Ri�ht of Ent�. The members of the fire, police or other City departments shall have the right to enter upon property to investigate a report of or the actual siting of a fire and to take appropriate action to control an illegal fire as defined in Section 9.30 or a legal fire that has been left unsupervised, conducted in an unpermitted area, or which otherwise poses a threat to the public health, safety, or welfare. Effective Date. This ordinance becomes effective from and after its passage and publication in accordance with law. Passed this 27th day of January, 1986. �\ C � Mary C. B 'tler, Mayor ATT T: �� ������ Do othy M. llin, City Clerk Publish in the Laker and Pioneer newspaper the week of February 3, 1985. 2 � ORDINANCE NUMBER 2B, SECOND SERIES AN ORDINANCE REPEALING SECTION 2.32 AND SUBSTITUTING LANGUAGE THEREFOR: The City Council of the City of Orono ordains: Ordinance Re�ealed. Ordinance Section 2.32 is hereby repealed and the following language substituted in its place. SSC. 2.3 2. F I RE DEPAR'TlaISNT. Subd. l. A Fire Department may be established by resolution of the Council the size and composition (including, members) shall be established by resolution of the Council, which� may be changed from time to time by a subsequent resolution. The Council shall also establish , and from time to time revise and amend, written rules and regulations of the Department including, but not limited to, its internal structural organization and compensation. The Chief of the Fire Department shall see that all property used and maintained for the purposes of the Fire Department are kept in proper order, and that all rules and regulations and all proviszons of the laws of the State and City Code provisions relative tc3 a Fire Department and to prevention and extinguishment of fires are duly observed. He shall supervise the preservation of all property endangered by fire and shall control and direct all persons engaged in preserving such propert;�. Subd. 2. In lieu of the foregoing , the Council may contact with one or more governmental units for fire protection for all or a portion of the City, and in such case, the following shall be observed: A. Fire Service Districts. The City shall be divided into Fire Service Districts corresponding to the areas of the City which are provided with fire protection by separate Fire Departments as established by mutual agreement between the City and one or more contracting municipalities. Establishment of said District shall not preclude or otherwise affect Mutual Aid Agreements between Fire Departments. An official map shall be prepared and kept current to show all Fire Serivice Districts in the City. B. Protected Areas. All land within the City shall be included in one of the Fire Serivice Districts established above and shall be provided with Fire Protection Service by the Fire Department having contractual jurisdiction therefor, except that land on Big Island, Mahpiyata Island, Deering Island and other areas not accessible by land or bridge shall be excluded from fire protection. C. Fire Department. The fire Department of the City is the Fire Department having jurisdiction in each of the several Fire Service Distrticts and the Fire Chief is the person 1 r j � V holding such position in each such Department . D. Definitions. 1 . "Chief" means the Chief of the Fire Department which has contractual jurisdiction in each respective Fire Service District , or his authorized representative. 2. "Jurisdiction or Municipality" means the City as a whole, and also that part of the City corresponding to each separate Fire Service District. E. Enforcement. Authority for enforcement is hereby granted to and may be exercised by any or all of the. following persons: l. The Minnesota State Fire Marshal , or his authorized representative. 2. The Chief of each Fire Department, or his authorized representative, within the Fire Service District of said Fire Department. The Fire Chief shall retain primary responsibility and authority for determining response to fire calls and for fire scene command. 3. The Chief of the Police Department or his officers. The Police Chief shall be responsible for coordinating enforcement policy and activities between the respective Fire Service Districts and between the Fire Chiefs and the Building Official. 4. The Building Official or his authorized representative. The Building Official shall be responsible for coordinating enforcement of the Fire Code with enforcement of the State Building Code and the Zoning Chapter of the City Code. F. Fire Prevention. The Fire Chief may conduct fire prevention inspection or educational programs within the Fire Service District of each respective Fire Department _ consistent with provisions of the Fire Code, provisions of the applicable Fire Prevention Contract, standard practices of the Fire Department and applicable provisions of the City Code. Subd. 3. Right of Entry. The members of the fire, police or other City departments shall have the right to enter upon property to investigate a report of or the actual siting of a fire and to take appropriate action to control an illegal fire as defined in Section 9.30 or a legal fire that has been left unsupervised , conducted in an unpermitted area, or which otheriwse poses a threat to the public health, safety, or welfare. 2 . . . , � .. � ^ffective Date. This Ordinance becomes effective from and after its passage with law. Passed this 27th day of January, 1986. �� \\ � � Mary C. Bu er, ayor ATT ST: , othy M. llin, City Clerk 3 ' 0 ORDINANCE NOMBER 2H, SECOND SERIES SUMMARY APPROVAL The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 20, Second Series" and a copy of which is attached hereto, clearly informs the pulbic of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform •the public of the intent and effect of the ordinance. 4 _ , . � a OFFICIAL SOM[rlARY OF ORDINANCE NOI�ER 2A, SECOND SERIES The following is new language added to Section 2.32, Subc3ivision 3: Subd. 3. Ric�ht of Entry. The members of the fire, police or other City departments shall have the right to enter upon property to investigate a report of or the actual siting of a fire and to take appropriate action to control an illegal fire as defined in Section 9.30 or a legal fire that has been left unsupervised, conducted in an unpermittec3 area, or which otheriwse poses a threat ta the public health, safety, or welfare. A printed copy of the ordinance is available for inspection by � any person at the Office of the City Clerk. Adopted by the City Council this 27th day of January, 1986. � r Mary C. B er, Mayor ATTE T: -- � . 0 othy M. in, ity Clerk Publish in the Laker and Pioneer newspaper the week of February 3, 1986. 5 � ORDINANCE NUIrlBER 21, SECOND SERIBS AN ORDINANCE AMCNDING SECTION 8.82 AND ADDING LANGUAGE THEREFOR: The City Council of the City of Orono ordains: General Parking Prohibitions. ( 18 ) within 12 feet either side of a U.S. Mail receptacle. ` Effective Date. This ordinance becomes effective from and after• its passage with law. Passed this 27th day of January, 1986. � � Mary C. Bu r, Mayor A'IiT S T: , 0 othy M. llin, City Clerk Publish the week of February 3, 1986, in the Laker and Pioneer newspaper . t / � • �� • '� ' 11685. 3A . , ORDINANCE NUMBER 22, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE 5.25 S80iiS AND LARGE ASSEMBLIES AND 6.D8 PARADES AND SPECIAL EVENTS The City Council of Orono Orclains As Follows: Chapter 5.25 and 6.a8 of the Municipal Code of Orono is hereby amended to include, repeal and substitute as follows: , 6.88 PARAD�S AND SPECIAL EVENTS Subd. l. Definition. For the purpose of this Section, certain terms shall have the following meanings: A. "Parade" means any movement of vehicles, persons or animals, or any combination thereof, which either moves together as a body so as to impede or affect the free and unobstructed flow of vehicular or pedestrian traffic, or which moves so that some part thereof is in violation of one or more traffic laws or � regulations . B. "Special Event" means any marathon run, block party, fishing contest, parachute jump, hot-air balloon event, carnival, or any other activity or event which in some way impedes or affects the free and unobstructed flow of vehicular or pedestrian traffic, generates parking needs for more than 20 vehicles off site at any one time on residential streets, not .including a public access to Lake I�linnetonka, or requires the posting of "No Parking" signs to maintain compliance with traffic laws and regulations . Subd. 2. Permit required. A permit shall be obtained from the City by any person, corporation, or other entity who will be holding or sponsoring a parade or special event. Application for such permit shall be made to the City at least sixty (60) days in advance of the date on which the parade or special event is to occur unless waived by the Council. The applicant shall fill out a form provided by the City, stating the sponsoring organization or individual, the route or location, the time of commencement, termination and the general composition. The application shall be executed by the individual applying therefor or the duly authorized agent or representative of the sponsoring organization. The permit requirements set forth in this section apply in addition to any licensing requirements set forth in Section 5.25 of this ordinance. Subd. 3. Investigation. The City shall forthwith refer all applications for parades and special events to the Police Chief for the Chief's consideration. The Police Chief shall ' review each application within ten (10) days. If an application involves a State trunk highway, the Police Chief shall make necessary arrangements with the Minnesota Department of Public Safety for an alternate route or whatever may be necessary. If the Police Chief finds that such a parade or event will not cause a hazard to persons or property , will cause no great inconvenience to the public, and if the Chief is able to make arrangements for necessary direction and control of traffic, the Chief shall sign the application and return the application to the City Clerk. If the Police Chief finds the parade or special event described in the application to be a hazard, a substantial inconvenience, or if the Chief is unable to make adequate arrangements for direction or control of traffic, the Chief shall return the same to the City Clerk with appropriate findings set forth in writing. Subd. 4. Council Action. The City Clerk shall refer the application and results of investigation to the Council at its next regular meeting. The Council may ( 1) deny the permit , • (2) grant the permit, or (3) grant the permit on condition that an alternate date, time or route are acceptable to applicant. Applicant shall have three (3) days within which to communicate his acceptance to the City Clerk. Subd. 5. Unlawful Acts . A. It is unlawful for any person to hamper , obstruct , or impede or interfere with any parade, parade assembly, special � event or any person, animal or vehicle participating in the parade or special event. B. It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a parade or special event when such parade or special event is in motion, except by direction of police officers directing traffic. C. It is unlawful for any person to enter into a parade or special event without prior authorization from the person in charge of the event. Subd. 6. Removal of Obstructions of Traffic. In any case where vehicles or parking by an activity obstructs traffic, regardless of whether or not the activity required a permit , a Police Officer shall warn the property owner and/or the person in charge of the event, that the cars must be moved by a certain time. If the vehicles are not moved in accordance with the Officers request, the Officer may ticket that person and all the cars that constitute the traffic hazard. Vehicles that constitute a hazard may be towed at the owner's expense if so ordered by the Police Officer. Subd. 7. Exceptions. The following are not required to apply for permits (1) funeral processions, (2) a governmental - agency acting with the scope of its functions (3) an occasional private party that is held on private residential lots. Subd. 8. Payment of Expenses. The applicant shall pay all extraordinary expense incurred by the City for police and enforcement of this Section and the City may, as a condition of approval of the permit, require that the applicant deposit money with the City in a sum equal to the estimated expenses to be � incurred by the City. Subd. 9. Permit Fees. All permits provided for in this Section shall be issued only upon payment in full of permit fees and other costs fixed and determined in accordance with City Code Section 1.05. . 5.25 SHOWS AAiD LARGE ASSEI�LIES Subd. 1. License required. It is unlawful for any person to present any public show, movie, caravan, circus , carnival, theatrical or other performance or exhibition without first having obtained a license therefor from the City. It is also unlawful for any person to promote or sponsor a large assembly, for any purpose and to which the public is invited, without first having obtained a license therefor from the City. For the purpose of this Section, "large assembly" means a . gathering, or projected qathering, of more than three hundred (300) persons at one time and at a single location. This shall apply in additon to any permitted requirement under Section 6.08 of this ordinance. Subd. 2. Regulations. Unless waived or modified by the Council for good cause, all applicants for a license under this section shall demonstrate an ability to meet or provide the requirements listed below, every license shall be conditioned on � maintenance of the following: A. If fully or partially out-of-doors, a fence shall completely enclose the location of sufficient height and strength to preven,t people in excess of the maximum permissible number from gaining acess to the grounds, which fence shall have a sufficient number of gates to allow safe passage to and from ttie gathering. B. Potable water, meeting all Federal and State requirements for sanitary quality, sufficient to provide drinking water for the maximum number of persons to be assembled, at the rate of at least one gallon per person per day. � C. Encloser] toilets, separate for men and women, meeting all State and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled in accordance with the Minnesota State Board of Health Regulations and Standards, which shall be kept clean, operable, and free of refuse. l D. A sanitary method of disposing of solid waste in compliance with State and local laws and regulations, sufficient to � dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least 2.5 pounds of solid waste per person per day, together with a plan for holding and collecting all such waste at least once each day of the assembly's continuance, and sufficient trash containers and personnel to perform such tasks, and a plan to return the area to its original condition. E. Illumination sufficient to light the entire area of the assembly if it is to continue during the hours of darkness. . F. Security and traffic controls meeting the requirements of local authorities and the Minnesota Department of • Public Safety. Regularly employed security officers, sufficient to provide adequate security for the maximum number of people to be assembled. Such officers shall be licensed by the State of Minnesota. � G. An administrative control center with telephones where local authorities can contact the license2 � and law enforcement personnel inside the area of the assembly. H. A policy or certificate of insurance, on which . the City, its agents and employees are additional insureds, providing public liability insurance in the amount of at least $300 ,000.00 for the injury of one person, $500 ,000.00 for the injury of two or more persons in the same accident, ana $50,000.00 for property damages. . I. Physicians and nurses licensed to practice in Minnesota sufficient to provide the average medical care enjoyed by residents of Minnesota for the maximum number of people to be assembled at the rate of at least one physician and nurse for every 5 ,000 people, together with an enclosed covered structure where treatment may be rendered, containing separately enclosed treatment rooms for each physician, and at least two emergency ambulances with attendants for each 5,000 people. J. A parking area inside of the assembly ground's sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four persons. K. TelePhones connected to outside lines sufficient to provide service to the maximum number of people to be assembled at the rate of at least one separate line an� receiver for each 1,000 persons. L. Fire protection to be provided by the sponsor including the following: fire alarms, extinguishing devices, fire lanes. Such fire protection shall be sufficient to meet all � applicable State laws and local regulations which are in effect. Sufficient emergency personnel to efficiently operate the required equipment shall be provided by the sponsor. M. Copies of all proposed advertising. N. All reasonably necessary precautions to insure • that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of th�e assembly. O. Written permission from the owner of the . premises. Subd. 3. Maximum Size. It is unlawful for any licensee to admit a larger number of people than the maximum fixed by the Council at the time of issuance of the license. ' Subd. 4. Overnight Camping. It is unlawful for any licensee to permit, or for any participant, spectator, or customer, • to camp or sleep overnight at the location of a large assembly. It is also unlawful for any licensee to permit, or any participant, spectator or customer, to prepare food on such premises, unless such person is a concessionaire. This Subdivision does not apply to security officers performing their duties as such. Subd. 5. Investigation Fee. In addition to the license fee the Council may fix an investigation fee commensurate with the � cost of such investigation. . Subd. 6. Permitted Area. Large assemblies shall be permitted only after a finding by the Council that the character of the proposed assembly is compatible with the character of the surrounding neighborhood considering the problems of noise, lighting, traffic, sanitation, congestion, and other factors � affecting the public health, safety and welfare of the entire area, and compliance with the City Code. Subd. 7. Exceptions. The following activities and performances are exempt from compliance with this Section: A. Performances presented in the local schools and colleges, under the sponsorship of such schools and colleges, anc� primarily for the students thereof only. B. Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only. C. Any performance or event in, or sponsored by, bona fide Iocal church and non-profit organizations, provided that such organization shall be incorporated. D. Any activity or performance more specifically defined and licensed under another Section of this Chapter. Subd. 3. Obscenity Prohibited. l A. Definitions. As used in this Subdivision, the following words and terms shall have the meanings stated: � .i I 1. "Nudity" means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above _ the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. � 2. "Obscene Perfor mance" means a perfor mance which in whole or in part depicts or reveals nudity, sexual conduct, Bexual excftement or sado-masochistic abuse, or which . includes obscenfties or explicit verbal descriptions or nartative accounts of sexual conduct. � 3. "Obscenities" means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no o�her meaning or that in context are clearly used for their bodily, sexual or excretory meaning. . 4. "Performance" means any play, motion"� picture film, dance, or other exhibition pictured, animated, or live, performed before an audience. 5. pSado-masochistic Abuse" means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being . fettered, bound or otherwise physically restrained on the part of one so c].othed. 6. "Sexual Conduct" means human masturbation, sexual intercourse, or any touching of the genita2s, public areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. k 7. "Sexual Excitement" means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. B. It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly (1) exhibit an obscene performance, or, (2) directly or indirectly sell an admission ticket or other means to � gain entrance to an obscene performance, or, (3) directly or indirectly permit admission of a person to premises whereon there is exhibited � , an obscene per for mance. � . C. Any prosecution under this Subdivision shall include the following elements: (1) that the average person, applying contemporary com munity standards, would find the performance, taken as a whole, appealing to the prurient interest � of the audience= (2) that the performance describes or depicts, in a patently offensive way, sexual conduct included in the definition of "obscene performance"s and, (3) that the performance, taken as a whole, lacks serious literary, artistic, polftical or scientific value. This ordinance shall be effective upon adoption and publication. Adopted by the City Council of Orono on this lOth day of March , 1986, by a vote of 3 ayes and 0 nays. � �- . � / - Y � � C, � thy M. in, City Cler Mary . But r, M yor � I 4 8186.9 ORDINANCE NO. 23 . 2ND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE CAAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT' AND ORDINANCE IdUMBER 8, 2ND SERIES BY CHANGING A PROVISION RELATING TO SALARIES OF THE MAYOR AND COONCIL MEMBERS; AND, BY ADOPTING BY REFERENCE ORONO CITY CODE CAAPTER 1 RELATING TO DEFINITIONS AND GENERAL PROVISIONS. TAE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Orono City Code Sec. 2.17 is hereby amended , to read: SEC. 2. 17. SALARIES OF MAYOR AND COUNCIL MEMBERS. Subd. 1. Salaries of the Mayor and Council meMbers, effective January 1, 1987, and which amounts are deemed reasonable, are hereby fixed as follows: A. The salary of the Mayor shall be $3 , 600.00 per year, paid monthly. B. The salary of each Council member shall be $2,900. 00 per year, paid monthly. Subd. 2. In accordance with Minnesota Statutes, Section 415.11, any changes in the foregoing shall be by ordinance and shall not take effect until after the next succeeding City election. Section 2. Orono City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect and be in , force from and after the date of its passage and publication. Passed by the City Counci 1 this l lth day of August, 1986, by a vote of 4 ayes and 0 nays. M ry C. Bu , er, ayor ATTE T: D rothy . Hallin, City Clerk Published in the Laker and Pioneer newspaper the week of August 18, 1985. ORDINANCE NO. 24 , 2ND SBRIES ORDINANCE ADOPTING THE 1986 FEE SCHEDULE AN ORDINANC$ A1�NDZNG ORDINANCE NO. 17, Second Series THE CITY CODNCIL OF TH$ CITY OF OROlIO ORDAINS: Section I Ordinance amenas Ordinance No. l� , Second Series is hereby amended by deletion of. Dtility Service Rates effective July l, 1984 Municipal Sewer Rate By Unit $42.90 per quarter By flow $ 2.10 per quarter plus $2.05 per/1000 gal. Area �l Area �2 Area �3 Municipal Water Rates Navarre Long Lake Wayzata Billing & Ready to Serve $13.85 $6.25/qtr. $5.35/qtr. Water Usage $1.03/1000 gal. $2.50/1000 gal. $1.47/1000 g� Unconnected Property Chg. $13.85/qtr. -0- -0- (Ready to Serve/Hydrant Chg. ) Section 2, the City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees ef€ective beginning the third quarter of the calendar year 1986: Municipal Water Rates Effective July 1, 1986 Municipal Sewer Rate By Unit $51.15 By flow $ 2.90 per quarter plus $1.90 per/1000 gal. Area #1 Area #2 Area #3 Municipal Water Rate Navarre Long Lake Wayzata Billing & Ready to Serve $12.80 $6.70/qtr. $5.35 Water Usage $1.17/1000 gal. $2.50/1000 gal. $1.40/1000 g� Unconnected Property Chg. $12.80 -0- -0- (Ready to Serve/Hydrant Chg. ) Passed by the City Council this 25th day of August, 1986, by a vote of 4 ayes and p nays. � ,,� �� ��-c�-�-� ����a-�— MarX C. Butler, Mayor ATTES : Tim Adams, Acting Mayor or thy M. lin, , ity Clerk C � L � � �- - " 915 8 6. 8 . OdtDINANCE NUMBER 25, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NUMBER 9. 1H AND ENTITLED "DANGEROUS WEAPONS AND ARTICLES" The City Council of the City of Orono ordains: Ordinance Number 9. 10 and entitled "Dangerous Weapons and Articles" is amended to read. Subdivision 7. Permits Occasional. Occasional permits valid for a period of fifteen (15) days or less may be granted to clubs or persons as follows: C. The discharge of bow and arrow will be allowed on an occasional basis to remove problematic animals including game animals when an individual hunter has obtained a permit issued by the Chief of Police subject to the following circumstances: 1. There is a demonstrated nuisance of that animal to that property owner. 2. Property owner has specifically given written permission to a hunter and that hunter has the appropriate state hunting permit. 3. That no discharging be done within 100 feet of any property line, within 100 feet of any buildings and 200 feet of any livestock. 4. Discharge for purposes of this section shall only be done from an elevated stand that is a minimum of four (4) feet off the ground. 5. Can only be done during the appropriate season. 6. The hunter receives no compensation for the removal service apart from retention of animals killed. , This ordinance becomes effective on October 21, 1986. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of October, 1986. � Mary . ler, Mayor AT ST: ��� . . T1n n�hv M LI�l7 ; ., r+; i-.. n1 ..,.L � r � � ' _ - ♦ Publish in the Laker and Pioneer newspapers the week of October 20, 198b. , , � .. . � . 6 Ordinance No. �, Second Series An Ordinance of the City of Orono, Minnesota, amending Orono City Code Chapter 10 entitled "Land IIse Regulations (Zoning)" by adding or amending definitions, amending performance standards for accessory structures, commercial keeping of animals, Iand alterations not permitted with building permits, tree removal within 75 feet of the lakeshore per staff permit, addition of necessary findinqs for granting variances, addinq conditional uses within residential districts, allowing lock boxes within 75 feet of the lakeshore, accessory structures within lakeshore yards subject to average lakeshore setback line and to allow use of temporary dwellinq or trailer while constructing a n� home per staff permit. -- The City of Orono Ordains: The Municipal Code of the City of Orono is amended by adding Ordinance No. �, Second Series: Section 1. Orono City Code Section 10.02 is hereby amended by adding the following definitions: Commercial Operations. Operations where business is conducted by the sale or exchange of goods and/or services on site for money or other valuable consideration. Riding Academy. A building, structure or other facility which is usecl for the instruction and training in care and handling for a fee or other valuable consideration. Stables and Barns - Private. A building or structure used or intended to be used for the keeping of hoofed animals belonging to the occupant of the property, and kept for non- commercial purposes. Yard Requirements. Those requirements which relate exclusively to the size of yard areas when such are required within specific zoning districts. Section 2. Ordinance Section 10.03, Subdivision 7 is hereby repealed and the following language substituted in its place: One Building Per Lot. Except in the case of Planned Residential Developments as provided for hereinafter, no more than one principal building shalY be located on a lot except that staff may issue a permit to use a manufactured home that shall meet all required setback standards or an existing dwelling while a new principal� structure is being constructed. Such permit shall be issued for a period of 3 months, any extensions must be approved by the City and shall expire upon issuance of a certificate of occupancy for the new structure and such structure removed. Ordinance No. 24, Second Series Page 2 of 6 Section 3. Ordinance Section 10.03, Subdivision 9 (D) is hereby repealed and the following language substituted in its place: D. No detached garage or other accessory building shall be located nearer the front or street lot line than the principa� building on that lot except on Yots which have frontage on a lake and rear yard adjacent to a street, accessory buiYdings located within the street or rear yards of such lots are subject to the setback requirements of Section 10.23, Subdivision 6B, Section 10.24, Subdivision 5B and Section 10.25, Subdivision 6B except that detached garages may be located 10 feet from the street or rear lot line when doors face away from the street and a turn-around is provided on site. This section sha11 not apply to lake- shore lots divided by roadways or corner lots. Section 4. Ordinance Section 10.03, Subdivision 18 A & B is hereby repealed and the following language substituted in its place: A. No new "stock farms" shall be created or existing stock farms enlarged more than twenty five percent (25$) over the total number of animals that existed on the farm as of January 1, 1975 with animals over one year old except under the provisions of a conditional use permit. In considering any such permit, the maximum number and type of anima 1 s to be kept shall be determined by the Council. The site design and method of operation shall be reviewed and the Council shall find that the proposed or existing "stock farm" w�i1 not in its opinion be detrimental to the public safety and the general welfare. B. The establishment of any new building for the housing of animals or fowl shall be located 150 feet from the nearest lot line. S � ' , � � � Ordinance No. 24, Second Series Page 3 of 6 Section 5. Ordinance Section 10.03, Subdivision 21 is hereby repealed and the fol lowing language substituted in its place: Exception. The requirements of Subdivision 19 are not intended to govern the normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building, nor to any movement under 100 cubic yards which does not adversely impact the existing drainage. Such grading and earth moving shall be approved by the Building Inspector at the time of issuance of the building permit, providing that a plan showing property drainage and protection of adjoining property has been submitted. Any unusual earth filling, removal or grading proposed by a builder shall be referred by the Building Inspector to the Planning Commission and the Council for action in accordance with this Chapter. The Building Inspector shall adhere to the following guidelines in the determination of unusual land alterations: l. AI1 excavations for foundations in excess of 12 feet if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. 2. Any additional fill brought on site in excess of 100 cubic yards except for fil 1 required to raise grade for adequate frost footings protection. 3. Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. Section 6. Ordinance Section 10.08, Subdivision 3 (A) is hereby amended by adding the following: (8) The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. (9) The conditions do not apply generally to other Iand or structures in the distict in which said land is located. (10) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. (11) The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. (12) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Ordinance No. 24, Second Series Page 4 of 6 Section 7. Ordinance Section 10.20, Subdivision 3 (F), (K) , (L) & (M) is hereby repealed and the following Yanguage substituted in its place: F. Recreation Areas. Private gun clubs, archery ranges, ski slide, provided the area is fenced and no part of the principal use is less than 150 feet from any lot line. K. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental. thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. L. Farms - (Crop and Stock). Provided that the area is ten or more acres. M. Animals. The keeping of domestic animals for non- commercial purposes including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture f or feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shal 1 not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. and is hereby amended by adding the following: ��, N. Stables and Barns - Private. The use of an accessory building for keeping animals for non-commercial purposes provided it is for the non-commercial use of the property owner or resident and meets the available area standards outlined in Paragraph M of this subsection. Further, no such structure shall be located less than 150 feet from the nearest adjacent residence and no closer than 75 feet from the nearest lot line. O. Stab�es and Barns - Public. The use of accessory buildings or land for the storage or rearing of animals not owned by the property owner or resident. Such must meet the requirements of Section 10.03, Subdivision 18. Further, no such structure shalY be located less than 150 feet from the nearest lot line. . , � , � , � Ordinance No. 24, Second Series Page 5 of 6 P. Riding Academy. Any such instruction maintained as an accessory use and conducted by the owner shall meet the requirements of Sections M, N, and O of this subdivision and no such instruction shall occur less than 100 feet from an adjacent residence or less than 75 feet from the nearest lot line. Section 8. Ordinance Section 10.22 is hereby repealed and the following language substituted in its place: Subdivision 1. Lakeshore Setback Regulations. The setback from the shoreline for lakeshore lots: A. Sha11 be 75 feet for all structures except that on lakeshore lots divided by a major thoroughfare, a lock box not in excess of 20 square feet in area and 48 inches in height is allowed on the lakeshore portion of the lot and requires a building permit from the City. B. No principal or accessory structure shall be located within 75 feet of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots (Refer to Orono Manual of Design Standards and Specifications) except that this does not apply to structure al lowed in subsection A above. � Subdivision 2. Lakeshore Hardcover and Land Alteration Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures except as permitted under Subdivision 1 of this section. Within 75 to 250 feet of the shoreline there shall be no greater than 25$ hardcover. Within 250 feet to 500 feet of the shoreline there shall be no greater than 30$ hardcover. Within 500 feet to 1,000 feet of the shoreline there sha11 be no greater than 35$ hardcover. Subdivision 3. Tree Removal Regulations. No live tree within 75 feet of the shoreline with a diameter of six (6 ) inches or more sha11 be removed without first obtaining a permit from the City. Such permits shall be issued by the City staff provided that at least a like number of replacement trees of a size and nature found acceptable to the staff are planted, any question involving the number of trees to be replaced wi11 require Council approval. Section 9. Ordinance Section 10.27, Subdivision 4 (A) is hereby repealed and the fol lowing language substituted in its place: A. Any accessory use as regulated in the "R-lA" District and "Animals" as regulated in Section 10.20, Subdivision 3 Subparagraphs (M) and (N). . , � , ,� � Ordinance No. 24 , Second Series Page 6 of 6 Section 10. Ordinance Section 10.28, Subdivision 4 (A) is hereby repealed and the following language substituted in its place: A. Any accessory use as regulated in the R-lA District and "Animals" as regulated in Section 10.20, Subdivision 3, Subparagraph (M) and (N) . Section 11. Ordinance Section 10.31, Subdivision 14 is hereby repealed and the following language substituted in its place: Open Burning Prohibited. It is unlawful for any person to start or allow to burn any open fire on any property within any "RS" District without a permit except for permanent gas or masonry barbeques and as permitted under the Uniform Fire Code. Section 12. This Ordinance sha11 take effect and be in force from and after the date of its passage and publication. Passed by the City Council this 14th day of July, 1986 by a vote of 5 ayes and 0 nays. � � 1 Mary C. tle , Mayor ATT ,T: � , 0 othy M. allin, ity Clerk To be published in the Laker and Pioneer Newspapers the week of November 10, 1986. i � 103186 . 1 ORDINANCE NO. 13, SECOND SERIES AN ORDINANCE TBAT WOULD EXTEND THE MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZOINING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES, OR OTHER AUTHORITY FOR ADDITIONAL DEVELOPI�IENT I�➢ THE HIG�WAY 12 CORRIDOR AREA AS DESCRIBED HEREIN. THE CITY OF ORONO ORDAINS : The Municipal Code of the City of Orono is amended by adding Ordinance No. �, Second Series: SECTION 1. Statement of Policy• The City Council continues to reevaluate its Comprehensive Plan, Zoning Ordinance, and other official controls, as they relate to the development of the Highway 12 Corridor. The Council finds that there is an overwhelming probability that land use controls and zoning provisions will need to be updated and revised as they apply to the Highway 12 Corridor Area. The Council also finds that such amending is a process that cannot be accomplished until a detailed study has been completed and hearing held. As the City has found it necessary to extend this moratorium, it is desirable that the Counci 1 continue to maintain guides for the benef it of those who wish to develop property in order to bring about savings in public and private expenditures and to provide to the public guides to future City action. The Council determines that there is an urgency involved because of the need to control development during the interim period so that the benefits of proper planning will not be lost, to prevent development which may add to the public burden, and to preserve the status quo pending adoption of these measures so that the City will not be impaired in its ability to effectuate the purposes and goals of these planning efforts . Since enactment of an amendment will undoubtedly modify existing regulations concerning permitted land use and zoning performance standards, the granting of various zoning and permit applications during this interium period would be detrimental to the effectuation of the Comprehensive Plan and contrary to the purp�se of the zoning enabling act, Minnesota Statutes SS462.351 et seq. The Council further finds that it would be unwise , improper and unjust to allow individual development to occur during this study period to avoid discrimination and unfair advantage to a few to the detriment of the entire City. Therefore, the Counci 1's and staff's authority to grant permits or approve applications decribed herein shall not be exercised during the limited term of this ordinance, except as provided in Section 6. i SECTION 2. Restrictions on the Granting of Permits and Applications. No building permits for new construction or total replacement , land subdivision applications , rezoning applications, conditional or special use permits, variances or other authority for additional development in the Highway 12 Corridor Area described in Section 4 shall be granted for any purpose which would be inconsistent with the intent of this ordinance, including but not limited to: A. Single Family Dwellings; B. Duplexes; and C. Commercial Development of any sort. SECTION 3. Exceptions. Because of the Highway 12 Corridor location and nature of existing development in the restricted area, the City Council hereby grants blanket exception and variance from the provisions of this Moratorium to allow issuance of building permits and/or conditional use permits for the following work, finding after extensive review and study that such limited exceptions would not adversely affect the status quo, and would therefore not be contrary to the intent and purpose of this Moratorium: A. Building Permits for interior remodeling and renovation of existing dwellings or existing residential accessory structures; B. Building Permits for new residential accessory structures or additions to existing residential accessory structures except that no variances shall be permitted; C. Building Permits for interior remodeling and renovation of existing commercial buildings or accessory structures. SECTION 4. Restricted Area. That portion of the City of Orono that shall be subject to the restrictions of this Ordinance is depicted on the official study maps available at the City office for the public to review. . SECTION 5. Duration. This ordinance shall expire December 31, 1986, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the Zoning Code , have been finalized. SECTION 6. Variances. The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible with the zoning and official control amendments being considered by the City , and that it does not adversely impact the health, safety or welfare of the citizens. Building Permits granted under this section shall be reviewed by the staff prior - to City Council consideration. Building Permits need not be referred to the Planning Commission for review. SECTION 7. Separability. Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part; and if any section, provision or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision or part. SECTION 8. This Ordinance shall be published in the Laker and Pioneer newspaper and shall be effective immediately upon publication. Adopted by the City Counci 1 of the City of Orono on the 13th day of October, 1986, by a vote of 3 ayes amd 0 nays. � • C, � Mary C. tler, Mayor ATT T: � ! thy M allin,, City Clerk To be published in the Laker and Pioneer Newspapers the week of November 10, 1986. v + ' i � � � � ORDINANCE NO. 28 , SECOND SBRIES � SQMMARY OF CHANGES AND/OR ADDITIONS TO THE 1987 FEI3 SCHEDULE The City Council of the City of Orono ordains: Section l. Ordinance i Amended. Ordinance No. 17 , Second Series is hereby amended. i The City Council of Orono per Section 1.05 of the Municipal Cade hereby ��, ordains the following changes and/or additions to the 1986 fee schedule: ' ZONING APPLICATIONS COMMERCIAL SITE PLAN $150.00 + Consultant Fee LAND USE SIGNS $ 50.00 Deposit $ 10.00 for delivery or pick up BUILDING PERMIT (Ord. 216 ) Minimum Fee $ 30.00 ' Normal Fee (per 1985 UBC/SBC Standard Schedule) P1an Review Fee: Commercial (per 1985 UBC/SBC Standard Schedule) Residential 65$ of Building Permit Fee CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT $ 30.00 DOCRS - RESIDENTIAL $ 30.00 DEMOLITION PERMIT (Ord. 216 ) Accessory Use $ 25.00 PLUMBING PERMIT Minumum Fee for any Plumbing Permit $ 30.00 per project MECHANICAL PERMIT Minumum Fee for any Mechanical Permit $ 30.00 per project Residential, Single Family & Duplex by Unit Type -furnace or boiler with flue $ 25.00 each unit -wood stove with flue $ 35.00 -fireplace with flue $ 40.00 each unit -central air conditioning $ 25.00 each unit Commercial, Industrial and Multi-Famil Residential b Unit T e -centraY air conditioning 15.00 per ton AC -kitchen fire extinquishing system $ 30.00 -kitchen exhaust vents $ 20.00 Page 1 of 4 . � ALL SANITARY SEWER CONNECTION CHARGES - by District 1964-LS-1 (see attached map) $ 225. 00 1956-LS-lA (see attached map) 225. 00 LS-1B 1970-LS-1 (see attached map) 225. 00 1973-1 (see attached map) $ 9,205.73 if not previously assessed 1981-1 (see attached map) 8 , 391.67 if not previously assessed 1980-1 Minnetonka Bluffs 6,700. 00 if not previously assessed Orono Lane 11,350. 82 if not previously assessed West Ferndale & Cty Rd 15 18,164.73 if not previously assessed Marina 4, 841.98 if not previously assessed North Shore Drive 18,466.00 if not previously assessed 1985-1-2 9,235.00 if not previously assessed Plus for 1987 923.50 1984 FM & Lift Station #7 To determine area see attached map Initital #6 #7 Charge By Pass Forcemain l. Existing Properties/Increase Previously Previously $335 + 33.50/ Sewer Usage-SAC Units Paid Paid yr for each yr after 84 2. New Bldgs Replacing Previously Previously If usage Existing Bldgs Paid Paid increases from from existing $335 + 33.50/ yr for each yr after 84 3. New Residential W/Existing Previously Previously $970 + 97.00/ Paid Paid yr for each yr after 84 4. New Residential Without Stub $225. 00 $150 +15. 00 $970 + 97. 00/ /yr for ea yr for each yr after 84 yr after 84 5. Freshwater Biological $225.00 $150+15.00 $500/unit on /yr for ea connection yr after 84 (already assessed $2000/ac) ON-SITE SEPTIC SYSTEMS Annual Service Charge $ 20. 00/system/year plus An additional full fee for late penalty plus 8 $ interest for unpaid charges certif ied GRADING, EXCAVATION, FILLING Design Review Fees (staff only) $ 30.00 minimum + engineering fees Page 2 of 4 . . SPECIAL IMPROVEMENTS Request for City to accept existing $900.00 plus .50/lineal foot private road SIGNS Temporary $ 30. 00 Permanent (Per 1985 UBC/SBC Standard Schedule) SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30.00 (when called by owner) Inspection surcharge for work or $ 30.00 per trip + application on Big Island or boat rental Deering Island Reinspection fee after failure to comply $ 30.00 per trip + 30.00 per with Building or Zoning Code Correction hour after lst hour Notice - 3rd trip Inspections outside business hours $ 30.00 per hour (min. 2 hours, min. $50.00 ) FIRE PROTECTION (Ord. 223 ) Plan Review Fee 65$ of permit fee CONTRACTUAL INSPECTION SERVICE Inspection Charge (qtr hr increments) $ 20.00 per hour (min. $10 lst inspection of each day) Clerical Fee (as specified in contract) $ 10.00 LICENSBS & MISCELLANEOUS CHARGES DOG LICENSES Biannual License (issued in odd years ) $ 15.00 Annual License (issued in even years only) $ 7.50 KENNEL LICENSES 5.36 Commercial Application & Inspection Fee $150.00 (Annual) FIREARMS DISCHARGE PERMIT OCCASIONAL $ 10.00 9.10 (�imited use) PDBLIC WORRS DEPARTMBNT MISCELLANl30IIS _CEARGES Utility Service Rates - Effective MUNICIPAL SEWER RATE by unit: $ 51.15 per quarter by flow: $ 2.90 per quarter per $1.90/1000 gallons Area #1 Area #2 Area #3 MUNICIPAL WATER RATES Navarre Lon Lake Wa zata Billing & Ready to Serve Chg $12.80 qtr $6.70 qtr 5.35 qtr Water Usage Rate $ 1.17/1000 gal $2.50/1000 gal $1.40/1000 gaI Unconnected Property Chg $12. 80/qtr -0- -0- (ready to serve/hydrant chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $12.80/qtr billing charge plus $1.17/1000 gaYlon total flow at border meter. Interest at 8� on unpaid sewer/water bills certified. Page 3 of 4 • • ♦ GOLF COURSE CHARGES - Effective date 1987 Season Fee Monday thru Friday (excluding Holidays ) Begin Play Before 12 :00 Noon lst Nine Holes $ 4.75 2nd Nine Holes $ 3. 00 After 12 Noon and Weekend Rates lst Nine Ho1es $ 5.25 2nd Nine Holes $ 3.00 Weekends - lst Nine Holes $ 5.75 2nd Nine Holes $ 3.00 PUBLIC WORKS SUPPLIES & SERVICES Fee Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit SECTION 2. This ordinance establishing the 1987 fee schedule shall be published in the Laker and Pioneer Newspaper and shall be effective January 1, 1987. Adopted by the City Council of the City of Orono on this 8th day of December, 1986. ATTE : �� . � 0 othy M a11in, , City Clerk Ma y C. er, Mayor Page 4 of 4 � DIRECTORY FOR 1987 FEE SCHEDDLE Copy Charges Page Permits Page Administration . . . . . 10 Building Permit Fees. . . . 5 Police Reports . . . . . 12 Burning Permit Fee . . . . 9 Copy Service. . . . . . 12 Cert. of Occupancy . . . . 5 Demolition Permit Fee . . . 5 Docks (Residential) . . . . 5 Documents Fire Protection . . . . . 9 Special Assessment Searches. 10 Firearms Permit Fee . . . . 12 Zoning Dept Documents. . . 10 Fireworks Permit Fee. . . . 12 Realtors Listing Info. . . 10 Grading, Excavating Permit. . 8 Large Assembly Permits . . . 12 Mechanical Permit Fees . . . 5 False Alarm User Fee. . . . 12 Move/Lift Building Permit Fee. 8 Municipal Hookup (Sewer/Water) 6 On-Site Systems (Septic) . . 7 Golf Course Rates. . . . . 14 Parades & Special Events . . 12 Plumbing Permit . . 5 Trapping Permit (limited) . . 12 Inspections Well Permit Fee . . . . . 8 Special Inspection Charges . 9 Water Meter Fees . . . . . 6 Contractual Inspection Serv. 9 Services I,icenses and Miscellaneous Fingerprinting (Police) . . . 12 Amusement Devices . . . . 12 Water Turn-On Charge. . . . 13 Animal Impound Fees . . . 11 Water Turn-Off Charge . . . 13 Beer, Wine & Liquor License. 11 Commercial Marina License . 9 Cigarette License . . . . 10 Siqns Dog License . . . . . . 11 Land Use Signs (Zoning) . . 3 Dance (Public) License . . 12 Street Signs (Public Works ) . 15 Gambling/Raffle License . . 10 Temporary & Permanent . . . 8 Garbage Haulers License . . 10 Temp. "No Parking" (P.D. ) . . 12 Rennel License . . . . . 11 Temp. "No Parking" (P.W. ) . . 15 Joint Use Dock License . . 10 Septic Installers License . 10 Solicitation License . . . 10 Qtility Rate Charges . . . . 13 Theater License. . . . . 12 Temp Trailer/Building Lic. . 10 Zoning Applications After-the-fact Fees . . . . 3 I�aps For Sale . . . . . . 10 Amendments . . . . . 2 Appeals Application Fee. . . 2 Commercial Site Plan. . � . . 1 Public Works Supplies � Services Conditional Use Permit Fees . 1 Driveway Culverts . . . . 15 Industrial Revenue Bond Appl . 2 Driveway/Curb Cut Permits . 15 Park Dedication Fees. . . . 4 Rezoning Application Fee . . 2 Rip-Rap Application Fee. . . 2 Special Improvements Appl . . 2 Subdivision Application Fee . 1 Surcharge for Staff Expense . 3 Vacation Application Fee . . 2 Variance Application Fee . . 1 ORDINANCE NO. 28 , SECOND SERIES AN ORDINANCE ADOPTING THE 1987 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE N0. 17 , SECOND SERIES The City Council of the City of Orono ordains: Section 1. Ordinance Repealed. Ordinance No. 17 , Second Series is hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following Fees effective during the calendar year 1987 : SBCTION l. Fees. ZONING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the application. Applicable Application Type Fee Code Section VARIANCE $150.00 (Flexible applications involving more than one variance will require an additional $50.00 payment per each variance) RENEWAL VARIANCE $ 75.00 (No change from original application) CONDITIONAL USE PERMIT (One charge per project) Residential Accessory Use (Animals, etc. ) $100.00 � Institutional Use (School, Church, etc. ) $150.00 Duplex Credit (per building) $150.00 Commercial/Industrial Use $250.00 Land Alteration: a) Grading, filling etc. $200.00 + permit b) Sea walls, retaining $200.00 + permit walls within 0-75' lakeshore PRD Application with Subdivision Subdivision Fee plus $30.00 per dwelling unit PRD Application without Subdivision $ 35.00 per dwelling unit (minimum $150.00 ) PID Applications $150.00 per acre (minimum $350. 00 ) After-the-Fact Fees Double application fee COMMERCIAL SITE PLAN $150.00 + Consultant Fee SUBDIVISION Sketch Plan (Class I, II, & III ) $150.00 . Preliminary Review $250.00 (Class I & II Subdivisions) Preliminary Review $300.00 plus $20.00 per lot (Class III and all non-residential) ($360/3 lots; $38Q/4 lots) Final Plat Review (Class III ) $150.00 + special legal or engineering charges Filing Fees: a) Plat only $ 75.00 b) Plat + Easements & Covenants $150.00 Page 1 of 15 ZONING APPLICATIONS (CONT. ) Applicable Application Type Fee Code Section PUBLIC PROPERTY VACATION $ 50.00 per benefitting property ($250.00 minimum per application) EASEMENT VACATIONS WITH SUBDIVISION $ 50. 00 APPLICATIONS ' EASEMENT VACATIONS NOT ASSOCIATED WITH $150.00 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $250.00 REQUEST TO AMEND COMPREHENSIVE PLAN $250.00 SPECIAL IMPROVEMENTS Non-refundable charges for City Engineer's review of applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $600.00 plus 50�/lineal foot Proposed Public Roads $900.00 plus 50�/lineal foot Request for City to accept existing $900.00 private road Proposed Sanitary Sewer Main Extension $250.00 plus $5.00 per stub Proposed Watermain Extension $250.00 plus $5.00 per stub Proposed Storm Sewer System $200.00 (excluding culverts ) � On-Site System - Site Evaluation Review $ 30.00 per new lot proposed (applicable to rural subdivision for on-site applications) RIP-RAP Staff Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $100.00 + CUP review b) Repair existing Staff permit = $100.00 APPEAL TO PLANNING COMMISSION $100.00 (of Administrative decision) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: 0.1$ of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses Page 2 of 15 ZONING APPLICATIONS (CONT. ) Applicable Application Type Fee Code Section SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule setforth below: Professional Time $ 25.00/hour Clerical Time $ 15.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306 ) tApplies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be ma�e during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) LAND USE APPLICATION SIGNS $ 50.00 Deposit (Deposits not returned if sign is damaged or lost) Service Fee - Pickup or delivery of sign $ 10.00 Page 3 of 15 JNING APPLICATIONS (CONT. ) PARK DEDICATION FEES Ord. 220 Cash contributions in lieu of land for use in the acquisition, development or maintenance of public parks, playgrounds, storm water holding areas and debt retirement in connection with land previously acquired for such public purposes. Residential Development - Cash contributions dedicated shall be according to the following table: Dwelling Unit Density (The greater of proposed A B C D E density or zoned permitted Single Single Duplex Mult. Existing density) Existing New Per Bldg Per Unit Res. acres/d.u. d.u./acre 5.00 or more .20 or less $ 50 $100 $ 250 $150 $0 2.00 to 4. 99 .50 to .21 150 200 500 300 0 1.00 to 1. 99 1.00 to .51 350 400 1000 600 0 .50 to . 99 2.00 to 1.01 390 440 1100 660 0 .33 to .49 3. 00 to 2.01 430 480 1200 720 0 .25 to .32 4.00 to 3.01 470 520 1300 780 0 .16 to .24 6.00 to 4.01 510 560 1400 840 0 .15 to less 6.01 or more 550 600 1500 900 0 K� A Single Family Residence, Existing Vacant Lot: Fee to be paid with building permit for new residence on previously platted property or; if vacant land is subdivided, fee to be paid with subdivision for the one "existing" residential lot. B Single Family Residence, New Lot: Fee to be paid with subdivision for each "new" residential lot. C Duplex Residential : Fee to be paid with building permit or with subdivision, whichever occurs first, for each duplex building (duplex is defined as two attached single family residential units). Should an existing single family residence be converted to duplex, the fee shall be one half of the schedule amount due with the building permit. D Multifamily Residential: Fee to be paid with building permit .or with subdivision, whichever occurs first, for each residential unit in a multifamily (three or more units) building. E Existing Residential : No fee is required for existing principal residential units. PARK DEDICATION FEES '�mmercial or Industrial Development - Cash contributions dedicated shall e at the rate of $500.00 per acre of gross land area, to be paid with building permit for principal structure or at the time of subdivision, whichever occurs first. Page 4 of 15 �ONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit Type Fee Code Section BUILDING PERMIT (Ord. 216 ) Minimum Fee $ 30.00 Normal Fee (per 1985 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1985 UBC/SBC Standard Schedule) Residential 65� of Building Permit Fee Building Valuation Standard (per Current I.C.B.O. Building Standards/Building Valuation Data) CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT $ 30.00 DOCKS - RESIDENTIAL $ 30.00 DEMOLITION PERMIT (Ord. 216) Principal Use $ 30.00 Accessory Use $ 25. 00 LUMBING PERMIT $ 4.00/fixture Minumum Fee for any Plumbing Permit $ 30.00 per project Mail-in postage & handling charge $ 1.50 $ 2. 00/fixture reset MECHANICAL PERMIT Minumum Fee for any Mechanical Permit $ 30.00 per project Mail-in postage & handling charge $ 1.50 Residential, Single Family & Duplex by Unit Type -furnace or boiler with flue $ 25.00 each unit -wood stove with flue $ 35.00 -wood combination or add-on unit $ 30.00 -fireplace with flue $ 40.00 each unit -central air conditioning $ 25.00 each unit -exhaust fans (bath, kitchen, attic, etc. ) $ 5.00 each �ocation -solar space heating equipment $ 50.00 each system -solar water heaters $ 20.00 each unit -repairs and replacement of the above same as above -fire sprinkler systems $ 20.00/project -fuel storage $ 20.00 permanent $ 10.00 temporary -gas line inspection high/low pressure $ 30.00 Page 5 of 15 �ONSTROCTION PERMITS AND INSPECTION FEES (CONT. ) Applicable Permit Type Fee Code Section MECHANICAL PERMITS (continued) Commercial, Industrial and Multi-Family Residential by Unit Type -residential type equipment per schedule above -furnace, boilers, unit heaters, and $ 4.00 per 10,000 btuh makeup air units output -central air conditioning $ 15.00 per ton AC -exhaust fans $ 10.00 each -refrigeration $ 25.00 per compressor -fixed equipment with steam, hydraulic $ 2.00 per connection or compressed air system -fire sprinkler systems $ 2.00 per head/first 50 heads - . 30 per head after initia� 50 P1an Review 1/2 permit fee -kitchen fire extinquishing system $ 30.00 -kitchen exhaust vents $ 20.00 -fuel storage $ 20.00 permanent $ 10.00 temporary IUNICIPAL CONNECTION PERMIT (together with area connection charges ) Sewer $ 30.00 Water $ 30. 00 5/8" meter $ 95.00 3/4" meter $130.00 larger meter quote basis Mai1-in postage & handling charge $ 1.50 (sewer and water permits only) ALL SANITARY SEWER CONNECTION CHARGES - by District 1964-LS-1 (see attached map) $ 225.00 1956-LS-lA (see attached map) 225.00 LS-1B 1970-LS-1 (see attached map) 225.00 1973-1 (see attached map) $ 9,205.73 if not previously assessed 1981-1 (see attached map) 8,391.67 if not previously �ssessed 1980-1 Minnetonka Bluffs 6,700.00 if not previously assessed Orono Lane 11,350.82 if not previously assessed West Ferndale & Cty Rd 15 18,164.73 if not previously assessed Marina 4,841.98 if not previously assessed North Shore Drive 18,466.00 if not previously assessed 1985-1-2 9,235.00 if not previously assessed Plus for 1987 923.50 Page 6 of 15 . ' • � . CONSTRDCTION PBRMITS AND INSPECTION FBES (CONT. ) SANITARY SEWER CONNECTION CHARGES (CONT. ) 1984 FM & Lift Station #7 To determine area see attached map Initital #6 #7 Charge By Pass Forcemain 1. Existing Properties/Increase Previously Previously $335 + 33.50/ Sewer Usage-SAC Units Paid Paid yr for each yr after 84 2. New Bldgs Replacing Previously Previously If usage Existing Bldgs Paid Paid increases from from existing $335 + 33.50/ yr for each yr after 84 3. New Residential W/Existing Previously Previously $970 + 97.00/ Paid Paid yr for each yr after 84 4. New Residential Without Stub $225.00 $150 +15.00 $970 + 97.00/ /yr for ea yr for each yr after 84 yr after 84 5. Freshwater Biological $225.00 $150+15.00 $500/unit on /yr for ea connection yr after 84 (already assessed $2000/ac) ON-SITE SYSTEMS (Ord. 210) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 30.00/per new lot Residential System Permit: Replace drainfield or replace 1/more tank $ 30.00 Replace drainfield & replace 1/more tank $ 50.00 NeW Residential Systea $ 75.00 + $15.00 per each inspection over 3 Non-Residential System Permit: New or Total replacement $100.00 + $20.00 per each inspection over 4 Partial replacement $ 60.00 + $20.00 per each inspection over 2 Outhouse Construction (New or replacement- Based on Building Permit Big Island Only) Schedule ($38. 00 minimum including Plan Review) Annual Service Charge $ 20.00/system/year plus An additional full fee for late penalty plus 8 $ interest for undpaid charges certified Page 7 of 15 CONSTRQCTION PERMITS AND INSPECTION FEES (CONT. ) Applicable Permit Type Fee Code Section INDIVIDUAL WELLS (Ord. 221) Installation Permit $ 30.00 GRADING, EXCAVATION, FILLING Design Review Fees (staf f on ly) $ 3 0.00 minimum + engineering fees 1-100 cubic yards (max. 10 loads ) $ 50.00 (staff permit) 101 cubic yards or more $100.00 + Conditional Use Permit + $25.00 per each inspection over first inspection NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. � SIGNS Temporary $ 30.00 Permanent (Per 1985 UBC/SBC Standard Schedule) BUILDING MOVING OR LIFTING (Ord. 227 ) Fees for this activity are in addition to required building or demolition permits. Fees and any necessary surcharges are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. -Lifting accessory buildings $ 30.00 (no move across lot �ines) -Lifting principal buildings $ 75.00 (no move across lot lines) (include pre-lift inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max. 8 ' wide/max. 13 '-6" high/max. 45 ' long) -Moving accessory building over any lot $100.00 line, onto or off any lot within Orono (includes oversize loads up to 12' wide and/or 15 ' high) . -Moving principal buildings over any lot $150.00 , line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or term- inating in Orono (includs all over- size loads exceeding 12 ' wide and/or 15' high) . -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50.00 within Orono b) Building outside Orono to be moved $150.00 into Orono (max. radius 25 miles) Page 8 of 15 . • � • CONSTRUCTION PERMITS AND INSPECTION FEES (CONT. ) Applicable Permit Type Fee Code Section SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30.00 (when called by owner) Inspection surcharge for work or $ 30.00 per trip + application on Big Island or boat rental Deering Island Reinspection fee after failure to comply $ 30.00 per trip + 30.00 per with Building or Zoning Code Correction hour after lst hour Notice - 3rd trip Inspections outside business hours $ 30.00 per hour (min. 2 hours, min. $50.00 ) FIRE PROTECTION (Ord. 223 ) Fire Prevention Inspection No Charge Fire Code Permits $ 30.00 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65$ of permit fee BURNING PERMITS Up to 5 times per year No Charge More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.00 per month Inspection Charge (qtr hr increments) $ 20.00 per hour (min. $10 lst inspection of each day) Plan Review Charge SBC/UBC Schedule Clerical Fee (as specified in contract) $ 10.00 LICENSES & MISCELLAN$OQS CHARGES � Zoning Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) $300.00 + slip & boat fees Renewal Application & Inspection Fee $200.00 + slip & boat fees (annual) plus: -each slip on water $ 2.00 -each dry slip inside or in racks $ 2.00 -each boat unit on land $ 1.00 -�ate fee $150.00 Page 9 of 15 � � i � � LICSNSES AND 1KISCELI,ANEOIIS CHARGBS (CONT. ) � Applicable � Application Type Fee Code Section � JOINT USE DOCK LICENSE �� Application Fee (initial ) $ 50.00 ', Renewal Application Fee $ 20.00 , Plus each slip S 2•UD � Late Fee $ 25.00 SEPTIC INSTALLERS LICENSE - Annual $ 25.00 GARBAGE HAULER LICENSE - flat rate $ 30.00 - per hauler $ 15.00/truck - transfer fee $ 30.00 PUBLIC DUMP LICENSE None Permitted TEMPORARY TRAILERS & BUILDINGS LICENSE $ 30.00 Zoning De artment Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980 ) $ 30.00 Municipal Code Book $ 75.OU with Binder (2 vol. ) $ 50.00 without Binder " $ 50.00 with Binder (1 vol. ) Individual Chapters of Municipal Code $ 25.00 On-Site Treatment Code $ 2.00 On-Site Design Manual $ 5.00 City Maps $ 2.00 each Building & Planning Publications As Posted - Prices subject to change General Administrative Licenses Cigarette Sales License - per quarter $ 5.00 5.24 Gambling & Raffle License $ 10.00 5.23 Solicitation License $ 20.00 5. 30 General Administrative Documents Realtors Listing Information $ 5.00 . Assessment Search $ 10.00/parcel Copy Service (for public City records only) -first copy $ 1.00 -additional copies $ .25 each Individual copies of Ordinances (1 copy) No Charge Page 10 of 15 , � . � i I LICENSES AND MISCELLANEOUS CHARGES (CONT. ) i Applicable Application Type Fee Code Section Dogs & Kennels � DOG LICENSES 9•12 � I Biannual License (issued in odd years) $ 15.00 ; Annual License {issued in even years only) $ 7.50 ! i KENNEL LICENSES 5. 36 j i Commercial Application & Inspection Fee $150.00 � (Annual) � Residential Application & Inspection Fee $ 25.00 � (Annual) � NOTE: Dogs kept in residential kennels must be individually licensed. � Residential kennel fee is in addition to dog license fees. � DOGS AT LARGE - RELEASE FEE 9•12 First Offense $ 20. 00 Second Offense $ 30.00 Third Offense $ 40.00 � (All fees, plus kennel charge, payable to kennel) + � ANIMALS AT LARGE (Other than dogs) 9.13 First Offense $ 20.00 Second Offense $ 35.00 Third Offense $ 50.00 i Trace & Catch Animal $ 20.00/hour � Trailer Charge $ 20.00 plus .25 mile � (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost Police Department Administered BEER, WINE & LIQUOR LICENSES ' Initial Investigation � $150.00/person Res. 1306 On-Sale Liquor License $4,000.00 4.30 On-Sale Wine License $750.00 4.40 3.2 Beer Off-Sale (Annual) $ 25. 00 4.20 3.2 Beer On-Sale (Annual) $ 75.00 4.20 Setups (Annual) $100.00 Club Liquor License (weekday) $100.00 4.50 (Sunday) $200.00 4.50 Temporary Set-up Permit (one day) $ 25.00/each 4.61 Temporary Beer Permit (one day) $ 15.00/each 4.21 Page 11 of 15 LICENSES AND l�IISCELLANEOQS CHARGES (CONT. ) Applicable Application Type Fee Code Sectior Police Department Administered AMUSEMENT DEVICE LICENSES 5.20 Per Establishment (Annual) $100.00 plus machine fee Per Machine Fee $ 25.00 each THEATER LICENSE (Annual) $300.00 5.25 PUBLIC DANCE LICENSE (Annual) $100.00 5.21 (Individual Permit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 FIREWORKS PERMIT $ 10.00 9.10 FIREARMS DISCHARGE PERMIT OCCASIONAL $ 10.00 9.10 (limited use) Annual (Club Only) $ 25.00 LIMITED TRAPPING PERMIT $ 10.00 9.11 Ord. 232 Ord. 243 PERMIT FOR PARADES & SPECIAL EVENTS $ 25.00 6.08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50.00 each �a11 (4-10 total) Next 5 false alarms/calendar year $100.00 each call (11-15 total) Each additional false alarm over 15/ $150.00 each Caii calendar year FINGERPRINTING SERVICE $ 10.00/application (Citizenshi� No Charge) COPY SERVICE First Copy $ 1.00 Additional Copies $ 0.25 each ACCIDENT REPORTS $ 3.00 each "NO PARKING ORDER OF POLICE" PAPER SIGNS $ 0.25 each (no lathe included) Page 12 of 15 POBLIC WORRS DBPARTMENT IrIISCELLANSOIIS CHARGES �tility Service Rates - Effective beginning Third Quarter 1986 MUNICIPAL SEWER RATE by unit: $ 51.15 per quarter by flow: $ 2.90 per quarter per $1.90/1000 gallons Area #1 Area #2 Area #3 MUNICIPAL WATER RATES Navarre Long Lake Wayzata Billing & Ready to Serve Chg $12.80/qtr $6.70/qtr $5. 35/qtr Water Usage Rate $ 1.17/1000 gal $2.50/1000 gal $1.40/1000 gal Unconnected Property Chg $12.80/qtr -0- -0- (ready to serve/hydrant chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area �1 Rate $12.80/qtr billing charge plus $1.17/1000 gallon total flow at border meter. Penalty for late payment of sewer/water bills - 15$ after 45 days from billing date. Interest at 8$ on unpaid water/sewer bills certified. Water Turn-On $15.00 Water Turn-Off $15.00 Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost I I I I Page 13 of 15 I� ,ti , . ' BLIC WORRS DEPARTMENT MISCELLANEOUS CFIARGES (CONT. ) GOLF COURSE CHARGES - Effective date 1987.- Season Fee Monday thru Friday (excluding Holidays) Begin Play Before 12 :00 Noon lst Nine Holes $ 4.75 2nd Nine Holes $ 3.00 After 12 Noon and Weekend Rates lst Nine Holes $ 5.25 2nd Nine Holes $ 3.00 League Rates Monday thru Friday $ 4.75 Senior Citizen (Over 60 years old) Begin P1ay Before 12 :00 Noon - Weekdays lst Nine Holes $ 3.50 2nd Nine Holes $ 3.00 Weekends - lst Nine Ho1es $ 5.75 2nd Nine Holes $ 3.00 Season Ticket (Senior Citizens Only) $90.00 Golf Cart Rental Motorized lst Nine Holes $ 7.00 2nd Nine Holes $ 6.50 Pui1 Carts - Per Round $ .75 Golf C1ubs - Per Round $ 2.00 Concessions As Posted Page 14 of 15 . BLIC WORRS DEPARTMENT MISCELLANEOIIS CHARGES (CONT. ) PUBLIC WORKS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75. 00/std. sign (sale includes installation) Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lathe) $ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (See zoning section - special improvement fees ) SECTION 2. This ordinance establishing the 1987 fee schedule shall be published in the Laker and Pioneer Newspaper and sha11 be effective upon publication. Adopted by the City Council of the City of Orono on this Ty day of ��Ce7HBE2 , 19 8 6. ATT T: � or thy M allin, City Clerk Mary . Bu er, Mayor Page 15 of 15 �,' �. � ' � f ORDINANCE NO. 29, SECOND SERIES An Ordinance to amend Municipal Zoning Code Section 10.20, Subdivision 3 (G) to al low non-rental guest apartments within a principal residence as a conditional use, and ta amend Section 10.02 by incarporating a definition of "Guest Apartment". The City of Orono Ordains: The Municipal Code of the City of Orono is amended by adding Ordinance No. 29, Second Series: Section 1. Orono Municipal Code Section 10.20, Subdivision 3 (G) is hereby repealed and the following language substituted in its place: G. i) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shal 1 be met by the guest house. ii ) Non-rental Guest Apartments. An apartment within the principal residence structure on a lot for �he sole use of the occupants of the priricipal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shal 1 not have a separate street address. �ection 2. Orono Municipal Code Section 10.02 is hereby amended by adding the following definition: "Guest Apartment" - An apartment within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their non-paying guests, with at least one access door to the apartment from within the principal structure, such door being the primary access to the apartment. Section 3 - Orono Municipal Code Section 10.20, Subdivision 3 (D) is hereby repealed and the following language substituted in its place: . ,+ � , �� ' 1 � . D. Public Service Structures. Public service structures, including but not limited to electric transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within fifty feet from any lot line of an abutting lot in an "R" District. Prior to granting such permit it sha 11 be found that the architectura 1 design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures as defined above that have been approved by the City at required public hearings for public improvement projects shall not require a conditional use permit but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the City to all affected property owners 14 days prior to the adoption of the amended plans by the Council. Section 4 - Orono Municipal Code Sections 10.40, Subdivision (A) is hereby amended by adding the following use to the Retail and Service Business District: 31. Off-sale Liquor Store Section 5. This Ordinance shall take effect and be in force from and after the date of its passage and publication. Passed by the City Council this 23rd day of February, 1987, by a vote of 5 ayes and p nays. Jam s R. Grabek, Mayor ATT T: 0 othy allin, City Clerk Publish the week of March 30, 1987 in the Laker and Pioneer. 21187.1 O�DINANC� � 30 , SECOIID SERIES API ORDINANCE AMENDING ORDINANCE N0. 28, SECOND SERIES ADOPTED DECEPIBER 8, 1986 AND ENTITLED "AN ORDINANCE ADOPTING THE 1987 FEE SCHEDULE" The City Council of Orono ordains : Ordinance Number 28 , Second Series adopted December 8 , 1986 and entitled "An Ordinance Adopting the 1987 Fee Schedule" is araended to read: , , LICENSES AND MISCELLA�EIOOS CHARG�S BEER, WINE AND LIQUOR LICENS�S Initial Investigation On-Sale/Off-Sale $50Pl . 0�J per license In state investigation up to $10, 000 Out state investigation - actual cost Initial Investigation - All Other $150. 09 per person Off-Sa?e T�iqucr License $ 15f� . 00 Bond P.equirement $5 , ggp�. gg On-Sale Liquor License $q , gp�{� , �g On-Sale [^�ine License $ 75g. g� 3 . 2 Beer OFf-Sale (Annual) $ 25 .gg 3 .2 Beer On-Sale (Annual) $ 75.{�g Setups (?�nnua'_) $ lgg .�q� Club Liquor License (weekday) $ 10Q1. fd0 (Sunday) $ 2{�g .g� Temporary Set-up Permit (one day) $ 25. PlA/each Temperary Beer Permit (one day) $ 15. fd0/each This ordinance amendment shall be published in the Laker and Pioneer Plewspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono on this 23rd day of February , 1987 . Ja s R. Gra , ayor ATT ST: . , othy P� iallin, City Clerk Published in the Laker and Pioneer newspaper on 2nd day of March , 1987. —� � l 3287.12 ., < � 1'--�► � � � ORDINANCE NUMBER 31, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE SECTION 2.50 ENTITLED BOARDS AND COMMISSIONS GENERALLY AND SECTION 2.51, ENTITLED PLANNING COMMISSION, SIIBD. 1. The City Council of the City of Orono ordains: Section 2.50 and entitled Boards and Commissions Generally is amended to read: Al1 Board and Commission appointments authorized by ordinance shall be made by the Council at the first regular meeting in January of each year unless another appointment date is established elsewhere in ordinance. The term of each appointee shall be established and stated at the time of his appointment, and terms of present Board and Commission members may be re-established and changed so as to give effect to this Section. New appointees shall assume office immediately. Provided, however, that all appointees to Boards and Commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. No appointed Board or Commission member shall be an employee of the City, but an ex officio member may be so emp loyed. All appointed Board and Commission members shal 1 serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. The officers shall be appointed by the Council annually. Any Board or Commission member may be removed by the Council for any reason and his position filled as any other vacancy. Each Board and Commission shall hold its regular meetings at a time established and approved by the Council. Boards and Commissions created by resolution shall terminate when the purpose for which they were created has been accomplished or upon the expiration of the terms stated in the resolution. Except as otherwise provided, this Section shall apply to all Boards and Commissions. Section 2.51 and entitled Planning Commission is amended to read: Subd. l. A Planning Commission composed of seven members, who serve staggered 3 year terms is hereby established. The period of these terms is from 1 April to 31 March and shall be appointed by the 2nd business meeting in March. It is the policy of the Council to appoint persons to the Planning Commission as follows: Two of the members shall reside in and be appointed to represent the Rural Service Area of the City as defined in the Comprehensive Management Plan, two members residing in and appointed to represent the Urban Service , ���-.� t � F r • Area, one appointed that resides on Lake Minnetonka lake shore property and two shall be appointed to represent the City At Large. The Council by majority vote may deviate from this policy to appoint persons without specific designation. The Zoning Administrator and one Council member shall be members of the Commission ex officio and without vote. This ordinance becomes effective from and after its passage and publication on March 3(�, 1987 . Passed by the Council this 17th day of March , 1987 . Jam s R. Grabek, Mayor ATTE T: thy M. llin, City Clerk Published in the Laker and Pioneer newspaper the week of March 30, 1987. 2 _ � _ 31087. 5 A ORDINANCE NUMBER 32 , SECOND SERIES SQMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 32 , Second Series" and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance . 1 , OFFICIAL SUMMARY OF ORDINANCE NUMBER 32 , SI�COND SERIES AN ORDINANCE AMENDING SECTION 4 INTOXICATING AND NON-INTOXICATING LIQIIOR LICENSING AND REGULATION The following is the official summary of Ordinance Number 32 , Second Series approved by the City Council of the City of Orono on March 17, 1987. The following sections are repealed : Section 4. 01 Definitions Section 4 .02 Applications and Licenses Under this Chapter - Prodecure and Administration Section 4 .H3 Renewal of Licenses Section 4. 04 Delinquent Taxes and Charges Section 4 .05 Limitation on Ownership Section 4 .06 Conditional Licenses Section 4 .07 Premises Licensed Section 4 . 08 Unlawful Acts Section 4 .P19 Conduct on Licensed Premises Section 4 .10 Sale by Employee Section 4 .11 License Conditions and Unlawful Acts Section 4 .13 Financial Responsibility of Lisenses Section 4 .15 Proof of Age Section 4 .20 Beer License Required Section 4 .21 Temporary Beer License Section 4 .22 Beer License Restrictions and Regulations Section 4.23 Hours and Days of Beer Sales Section 4 . 24 Unlawful Acts (Beer) Section 4.31 Liquor License Restrictions and Regulations Section 4 . 32 riours and Days of Liquor Sales Section 4 . 34 Unlawful Acts (Liquor) Section 4 .41 Hours and Days of Sales By On-Sale Wine Licenses Section 4 . 42 Unlawful Acts (Wine) Section4.5g Additional Club Licensee Restrictionsand Regulations, and Unlawful Acts Section 4.60 Consumption and Display Section 4 .61 Consumption and Display - One Day License Section 4 .70 Municipal Liquor Store The following is new language in Section 4 : Section 4 .01 Definitions Section 4 . 02 Orginal Licensing Procedure Section 4 .03 Renewal of Licenses Section 4.04 Delinquent Taxes and Charges Section 4.05 Limitation on Ownership Section 4.4l6 Conditional Licenses Section 4 .07 Premises Licensed Section 4 . 08 through 4 .11, inclusive, reserved for future expansion. Section 4 .13 Financial Repsonsibility of Licensees � _ " . Section 4 .15 Proof of Age Section 4.16 Prohibited Acts By A Licensee (General) Section 4 .17 General Prohibitions Section 4 .20 Non- Intoxicating Malt Liquor License Required Section 4 .21 Temporary Non-Intoxicating Malt Liquor License � Section 4 .22 Non-Intoxicating Malt Liquor License Restrictions and Regulations Section 4 .23 Hours and Days of Non-Intoxicating Malt Liquor Sales Section 4 .24 Unlawful Acts (Non-Intoxicating Malt Liquor) Section 4.30 Liquor License Required Section 4. 31 Liquor License Restrictions and Regulations Section 4. 32 Hours and Days of Liquor Sales Section 4 . 33 Sunday Sales Section 4 . 34 Unlawful Acts (Liquor) Section 4 . 40 On-Sale Wine Section 4 .41 Hours and Days of Sales by On-Sale Wine Licensees Section 4.42 Unlawful Acts (Wine) Section 4 .50 Additional Club Licensee Restrictions and Regulations , and Unlawful Acts Section 4 . 60 Consumption and Display Section 4.61 One Day Liquor License Section 4 .70 Municipal Liquor Store. Deleted A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk. This Ordinance becomes effective upon publication, the week of March 30, 1987. Adopted by the City Council of the City of Orono on this 17th day of March, 1987, by a vote of 5 ayes and 0 nays. Jam s R. Grabe , Mayor ATT � . D ot y Ha in, ity er � t r Ih Title Page CRAPTER 4 INTOXICATING AND NON-INTOXICATING LIQUOR LICENSING AND REGIILATION Section 4 . 01 Definitions 64 4 . �2 Original Licensing Procedure 67 4 . A3 Renewal of Licenses 71 4 . 94 Delinquent Taxes and Charges 71 4 . 05 Limitation on Ownership 71 4.A6 Conditional Licenses 71 4 .07 Premises Licensed �2 4 . 08-4 . 11 Reserved 4 . 12 License Fees 72 4 .13 Financial Responsibility of Licensees 72 4 . 14 Insurance Certificate Requirements 73 4 .15 Proof of Age 73 4 . 16 Prohibited Acts By A Licensee (General) 74 4 . 17 General Prohibitions 76 Non-Intoxicating Malt Liquor Intoxicating Liquor Intoxicating and Non-Intoxicating Malt Liquor 4 .18-4 .19 Reserved 4 . 2� Non-Intoxicating Malt Liquor License 77 Required 4 . 21 Temporary Non-Intoxicating Malt Liquor 77 License 4 . 22 Non-Intoxicating r4alt Liquor License 78 Restrictions and Regulations 4 . 23 Hours and Days of Non-Intoxicating Malt 79 Liquor Sales 4 . 24 Unlawful Acts (Non-Intoxicating Malt 79 Liquor) 4. 25-4 . 29 Reserved 4 . 30 Liquor License Required gQ 4 . 31 Liquor License Restrictions and Regulations 80 General Provisions On-Sale Liquor and Wine Off-Sale Liquor and Wine 4 . 32 Hours and Days of Liquor Sales 83 4 . 33 Sunday Sales 83 4 . 34 Unlawful Acts (Liquor) 83 4 . 35-4 . 39 Reserved 4 .40 On Sale Wine 84 4 .41 Hours and Days of Sales by On-Sale Wine 85 Licensees 4 . 42 Unlawful Acts (Wine) gs 4 . 43-4 .49 Reserved i • � V 4 . 50 Additional Club Licensee Restrictions and 86 Regulations, and Unlawful Acts 4 . 51-4 . 59 Reserved 4 . 60 Consumption and Display gg 4 . 61 One Day Liquor License 89 4 . 62-4 . 69 Reserved 4 . 7� Municipal Liquor Store . Deleted gg 4 . 71-4 .79 Reserved 4 . 80 Nudity or Obscenity Prohibited 91-88 4 . 81-4 . 98 Reserved 4 .99 Violation a Misdemeanor 92_gg ii � , . ORDINANCE NUMBER 32, SECOND SERIES CHAPTER 4 INTOXICATING AND NON-INTOXICATING LIQUOR LICENSING AND REGDLATION SECTION 4.01. DEFINITIONS. As used in this Chapter, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: 1. "Applicant" means any person making an application for a license under this Chapter. 2. "Application" means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license , furnished by the City and uniformly required . 3. "Club" means any corporation duly organized under the laws of this State for civic, fraternal , social, or business purposes or for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans organization, which shall have more than fifty members , and shall , for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a Board of Directors, Executive Committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit for the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the members or other governing body. Such club or congressionally chartered veterans organization must be incorporated and must have been in existence for at least three years . 4. "Financial Interest" includes any pecuniary interest in the ownership, operation, management or profits of a retail _ liquor establishment but does not include bonafide loans, bonafide rental agreements, bonafide open accounts or other obligations held with or without security arising out of the ordinary in the regular course of business of selling or leasing merchandise, fixtures or supplies to such a business or 10$ or less interest of any other corporation holding a license. 5. "Fraternal Club" means a club which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities beneficial to the community and not for the profit of any individual. ORONO CC (4-1-84) 64 6. "Gambling Devices" means a contrivance which for a consideration affords the player an opportunity to obtain something of value, other than free plays, automatically from the machine or otherwise, the award of which is determined principally by chance . 7 . "Hote 1 " and " Mote 1 " mean and inc lude any establishment having a resident proprietor or manager , where, in consideration of payment therefor, food and lodging are regularly furnished to transients, and which contains not less than ten guest rooms with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, which employs an adequate staff to provide suitable and usual service , and which maintains under the same management and control as the rest of the establishment and has an integral part thereof a dining room with appropriate facilities for seating not less than thirty guests at one time, where the general public is, in consideration of payment therefor, served with meals at tables. 8. "Intoxicating Liquor" and "Liquor" mean ethyl alcohol and distilled, fermented , spirituous, vinous (wine) and malt beverages containing in excess of 3.2 percent of alcohol by weight. 9. "License" means a document, issued by the City, to an applicant permitting him to carry on and transact the business stated therein. 10 . "License Fee" means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. 11. "Licensee" means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been rev oked nor suspended, from the City for carrying on the business stated therein. 12. "Manufacturer" means every person who, by any process of manufacture , fermenting , brewing , distilling , refining , rectifying, blending, or by the combination of different materials, prepares or produces liquors, wine or non-intoxicating malt liquor for sale. 13. "Off-sale" means the retail sale in original packages for consumption off or away from the premises where sold. 14. "On-sale" means the retail sale by the glass or by the drink, for consumption on the premises where sold only. 15. "Package" and "Original package" mean any container or receptacle holding liquor, wine or non-intoxicating malt liquor, which container or receptacle is corked , capped or sealed by a manufacturer or wholesaler. ORONO CC (4-1-84) 65 . . 16. "Non-Intoxicating Malt Liquor" means any malt liquor containing not less than one half of one percent alcohol by v olume nor more than 3.2 percent alchol by weight and is a fermented malt beverage for the purposes of Minnesota Statutes 1985 Section 34�.44 to 340 . 56 . 17. "Restaurant" means any establishment , other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of ineals , and where , in consideration of payment therefor, meals are regularly served at tables to the general public, which employs an adequate staff to provide the usual and suitable service to its guests, and which shall have seating facilities for seating not less than thirty guests at one time. 18. "Sale" , "Sell" and "Sold" mean all barters and all manners or means of furnishing non-intoxicating malt liquor, wine or liquor to persons , including such furnishing in violation or evasion of law. 19. "State Established Legal Drinking Age" for purp�ses of this ordinance the state established legal age for consumption of both intoxicating and non-intoxicating malt liquor is 21 years of age provided however that persons born on/or before September 1, 1967 are also legally able to consume liquor . 2B. "Wholesaler" means any person engaged in the business of selling liquor, wine or non-intoxicating malt liquor to retail dealers . 21. "Wine" means wine not exceeding 14 percent alcohol by volume. ] 4 . 01 � i � 66 ] 4. 02 SEC. 4.02. ORIGINAL LICENSING PROCEDURE. Subd. l. Application. All applications shall be made at the office of the City Clerk upon forms prescribed by the proper Department of the State of Minnesota together with such additional information as the Council may desire. If not so prescribed, then upon forms furnished by the City. Information required may vary with the type of business organization making application. All questions asked or information required shall be answered fully and completely by the applicant. Subd. 2. False Statements and Omissions. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement , or any willful omission to state any information called for on such application form shall , upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof. Subd. 3. Application and Investigation Fee. At the time of the initial application, applicants for licenses required by this Chapter of the City Code shall pay to the City the fees as provided for in the current City fee ordinance duly ad opted by the Council , pursuant to City Code Section 1.05 , which fee shall be considered an application and investigation fee, not refundable to applicant. At any time that an additional investigation is required because of a change in the ownership or control of a partnership or corporation or because of an enlargement , alteration, or extension of premises previously licensed, the licensee shall pay an additional investigat:.on fee. Subd . 4 . Action. i A. Investigation. All applications for a license � shall be referred to the Chief of Police and to such other City � departments as the Council shall deem necessary, for verification ; and investigation of the facts set forth in the application. The � Chief of Police shall cause to be made such investigation of the information as shall be necessary and shall make a written i recommendation and report to the Council which shall include a list i of all violations of Federal or State law or municipal regulations F by the applicant. � � ORONO CC (4-1-84) � ] 4 .02 67 B. Hearing. Upon receipt of the written report and recommendation by the Chief of Police and within thirty days there- after , the City Clerk shall publish a notice of hearing at least ten days prior to the date set for hearing. The hearing notice shall set forth the day, time and place of hearing , the name of the applicant, the place where the business is to be conducted, and such other information as the Council may direct. At such hearing, all persons desiring to be heard shall have such opportunity, and the Council may thereafter grant or deny the license. If the license is granted, the Council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearing is conducted, the Council may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granted. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not proceed with reasonable dispatch to ready the premises, the Council may rescind the action granting the license. Such action shall not be taken, however, without giving the licensee at least ten days notice of the time and place of a hearing on the proposed rescission. C. Granting. The Council may approve any applica- tion for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay one-half of the license fee, and the inves- tigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. The City Clerk shall , within ten days after the issuance of any license under this Section, submit to the proper Department of the State of Minnesota the full name and address of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. He shall also submit to the proper Department of the State of Minnesota any change of address , transfer , cancellation, or revocation of any license by the Council during the license period. D. Issuing. If an application is approved , the City Clerk shall forthwith issue a license pursuant thereto in the form prescribed by the City or the proper Department of the State of Minnesota, as the case may be, and upon payment of the second half of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued and ORONO CC (4-1-84) 68 ] 4 . �2 which are to become effective other than on the first day of the licensed year , the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described. E. License Refund in Certain Cases. In the event that , during the license year , the licensed premises shall be destroyed or so damaged by fire, or otherwise, that the licensee shall cease to carry on the licensed business , or in case the business of the licensee shall cease by reason of his illness or death, or if it shall become unlawful for the licensee to carry on the licensed business under his• license, except when such license is revoked , the City shall , upon the happening of any such event , refund to the 1 icensee, or to h is estate, such part of the 1 icense fee paid by him as corresponds to the time such license had yet to run. In the event of death of the licensee, his personal represen- tative is hereby authorized to continue operation of said business for not more than ninety days after the death of such licensee. F. Transfer. A license shall be transferable between persons upon consent of the Council and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the Council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this Subparagraph. G. Refusal and Termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation. H. Revocation or Suspension. The Council may, in its sole discretion and for any reasonable cause, revoke, or sus- pend for a period not to exceed sixty days, any license granted under the provisions of this Chapter. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of non-intoxicating malt liquor, wine or liquor upon premises of the licensee, or if such revocation is mandatory by Statute. If it shall be made to appear at the hearing thereon that such violation was not willful, the Council may order suspension; provided, that revocation shall be ordered upon the third such violation or offense. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Counci 1, a committee of the Counci 1, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for rev ocation or suspension stated in the City ORONO CC (4-1-84) 69 ] 4. 02 Code or Statute, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of non-intoxicating malt liquor, wine or liquor; (2) that the licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police ; ( 3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or , (4) that the activities of the licensee created a serious danger to public health, safety, or welfare. I. Corporate Applicants and Licensees. A corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Clerk of any change in legal ownership, or beneficial interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be rev oked thirty days after any such change in ownership or beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Council , or any officer of the City designated by it , may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. Subd. 5. Duplicate Licenses. Duplicates of all original licenses under this Chapter may be issued by the City Clerk without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee of $2.00 for issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE. Subd. 6. Posting. All licensees shall conspicuously post their licenses in their places of business. ORONO CC (4-1-84) 70 ] 4 . 02 Subd. 7. Resident Manager or Agent. Before an on-sale license is issued under this Chapter to an individual who is a non- resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is a resident of the City as its manager or agent. Such resident manager or agent shall , by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and , ( 2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could gualify individually as a licensee. If such manager or agent ceases to be a resident of the City or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. Subd. 8. Persons Disqualified. In addition to any other provision of law, no person shall qualify for a license under this Chapter who has been convicted within five years of the license application of violating any law relating to the manufacture, sale or distribution of non-intoxicating malt liquor, liquor or wine, or whose license therefor has been revoked within such period of time period or convicted of gambling within the five years of the license application. Nor shall any person qualify who has not attained the State established legal drinking age or who is not a citizen of the United States. SEC. 4.03. RENEWAL OF LICENSES. Application for renewal of all licenses under this Chapter shall be made at least sixty (60) days prior to the date of expiration of the license , and shall contain such information as is required by the City. This time requirement may be waived by the Council for good and sufficient cause. Persons for renewal of application are subject to all the requirements of Section 4.02 except for Subd. 4 B Public Hearing which is an optional requirement to be established at the discretion fo the City Council. SEC. 4.84. DELIPQOEPT TAXES AI�D CHARGES. No license under this Chapter shall be granted for operation on any premises upon which taxes , assessments , or installments thereof are due and owing, or other financial claims of the City, County or State exist . SEC. 4.Q5. LIMITPITIOP ON OWNERSHIP. No person shall be granted more than one license under this Section except that a person who is a holder of an on-sale liquor license may also be the holder of an off-sale liquor license, provided that the location of the on-sale operation is separate from the off-sale location. In such cases each location shall have a separate entrance onto a public street , sidewalk or mall area. SEC. 4.86. CONDITIOI�AL LICS1iS8S. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor , place such special conditions and 71 restrictions, in addition to those stated in this Chapter, upon any license it deems reasonable and justified . �, SEC. 4.87. PREMISES LICENSED. Unless expressly stated therein, a license issued under the provisions of this Chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license , and all transactions relating to a sale under such license must take place within such building or structure. The premise shall have an exclusive entrance from or exit to the exterior of the building at which the licensed premise is located. Entrances from or exits to a public concourse or public lobby meet this requirement . Subd. 1. All premises licensed under this Chapter shall at all times be open to inspection by any police officer or other individuals with enforcement powers to determine whether or not this Chapter and all other laws are being observed. Consent to such inspection by the licensee shall be a condition of each license granted. Police officers or other individuals with enforcement powers shall not need a search warrant for such inspections. Subd. 2. It is unlawful for any licensee, or agent or employee of a licensee , to hinder or prevent a police officer or other individuals with enforcement powers from making such inspection. SEC. 4.12. LICENSE FEES. All licenses provided for in this Chapter, shall be issued only upon payment in full of license fees fixed and determined in accordance with City Code Section 1.05. SEC. 4.13. FIIdANCIAL RESPONSIBILITY OF LICENSEES. Subd. l. Proof. No non-intoxicating malt liquor , wine or liquor license shall be issued or reviewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340A.450, by filing a certificate that there is in effect an insurance policy or pool providing minimum coverages of ( 1) $190,000.00 because of bodily injury to any one person in any one occurrence, and $300,00�.0Q because of bodily injury to two or more persons in any one occurrence, and in the amount of $ 10,000.0fd because of injury to or destruction of property of others in any one occurrence, and (2) $lAQJ ,f�00.00 for loss of ineans of support of any one person in any one occurrence , and, subject to the limit for one person, $300, 000.00 for loss of means of support of two or more persons in any one occurrence. An annual aggregrate policy limit for dramshop liability of not less than $300,080.00 per policy year may be included in the policy provisions . 72 Subd. 2. Exception. This Section does not apply to on- sale non-intoxicating malt liquor licensees with sales of non- intoxicating malt liquor of less than $10,00A.00 for the preceding year, nor to off-sale non-intoxicating malt liquor licensees with sales of non-intoxicating malt liquor of less than $20,000.00 for the preceding year, nor does it apply to holders of temporary wine 1 icenses issued under 4.61. An af f idav it of the 1 icensee sha 11 be required to establish the exemption under this Subdivision. Subd. 3. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. SEC. 4.14. INSORANCE CERTIFICATE REQIIIREMENTS. Whenever an insurance certificate is required by this Chapter the applicant shall file with the City Clerk a certificate of insurance showing ( 1) that the limits are at least as high as required , ( 2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without thirty days ' written notice served upon the City Clerk. Cancellation or termination of such coverage shall be grounds for license revocation. SEC. 4. 15. PROOF OF AGE. For the purposes of consuming , purchasing or possessing non-intoxicating malt liquor , wine or liquor, age may only be established by a valid driver's license or a current Minnesota identification card issued pursuant to Minnesota Statutes 1985, Section 171.07. In the case of a foreign national , a valid passport may be used as an alternative to the foregoing methods of identification. 73 SEC. 4.16. PROHIBITED ACTS BY A LICENSEE (GENERAL) . Subd. 1. Consumption. It is unlawful for any person to consume on an on-sale 1 icense premise, or any 1 icensee to permit consumption of , non-intoxicating malt liquor , wine, or liquor on licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. Subd. 2. Removal of Containers. It is unlawful for any on-sale licensee to permit any glass, bottle or other container, containing non-intoxicating malt liquor , wine or liquor in any quantity, to remain upon any table, bar, stool or other place where customers are served, more than twenty (20) minutes after the hour when a sale thereof can legally be made. Subd. 3. Closing. It is unlawful for any person, other than an on-sale licensee's bona fide employee actually engaged in the performance of his duties , to be on premises licensed under this Chapter more than thirty (3�) minutes after the legal time for making licensed sales. Provided, however, that this Subdivision shall not apply to licensees, employees of licensees and patrons on licensed premises for the sole purpose of preparing , serving or consuming food or beverages other than non-intoxicating malt liquor, wine or liquor. Subd. 4. Conduct on Licensed Premises. Except as herein provided, every licensee under this Chapter shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order therein. Subd . 5. Sale by Employee. Any sale of non- intoxicating malt liquor, wine or liquor in or from any premises licensed under this Chapter by any employee authorized to make such sale in or from such place is the act of the employer as well as of the person actually making the sale; and every such employer is liable for all of the penalties provided by law for such sale equally with the person actually making the sale. Subd. 6. Manufactures or Wholesalers Interest in Retail Establishments. No manufacturer or wholesaler shall either directly or indirectly own or control or have a financial interest in any retail business . Subd. 7. No liquor in licensed restaurants. No person shall consume or carry any intoxicating or non-intoxicating liguor to or into any restaurant with the purpose of consumption therein. A. Illegal to permit mixing. No person shall mix or sell for the purpose of mixing any non-intoxicating malt liuqor, soft drink, wine, liquor or beverage in a food establishment unless I licensed as a bottle club. Subd. 8. Display. It is prohibited that any alcohol be displayed to the public in any manner in an on or off-sale licensed operation during the hours in which consumption is not permitted . 74 Subd. 9. Prohibition of License Issuance. No employee or public official of the City of Orono may be a holder of any license issued under this Section. This does not, however, prevent the issuance of a license to a club of which any of the aforementioned are members or on the board of directors. Subd. lA. Financial Indebtedness. No person shall be financially indebted to any person not otherwise qualified for the license . Subd . 11 . Zoning Ordinance Requirements . Not withstanding any Section in this ordinance to the contrary, all premises that are licensed must be located in zoning districts in which they are permitted and must be in compliance with those zoning codes . � 75 ] 4 . 20 , SEC. 4.17. General Prohibitions for purposes of this section, it is unlawful to: NON-INTOXICATING MALT LIQUOR Subd. 1 . Person other than the parent or legal guardian to procure non-intoxicating malt liquor for any person below the State established legal drinking age. Subd. 2. Person under the State established legal drinking age to consume non-intoxicating malt liquor unless in the company of his parent or guardian. Subd. 3. Person under the State established legal drinking age to have in his possession any non-intoxicating malt 1 iquor with intent to consume the same at a place other than the household of his parent or guardian. Possession of such non- intoxicating malt liquor at a place other than the household of his parent or guardian shall be prima facia evidence of intent to consume the same at a place other than the household of his parent or gauadian. Subd. 4. Licensee or his employee to sell or serve non- intoxicating malt liquor to any person under the State established legal drinking age, to consume non-intoxicating malt liquor on the licensed premise , or to premit any person under the state established legal drinking age to loiter or to remain in the room where on-sale non-intoxicating malt liquor is being sold or served unless accompanied by his parent or legal guardian. Subd. 5. Person under the State established legal drinking age to pruchase or otherwise procure non-intoxicating malt liquor, or induce another party, not his parent or guardian, to procure non-intoxicating malt liquor for him. INTOXICATING LIQOOR Subd. 6. Person under the State established legal drinking age to consume intoxicating liquor. Subd. 7. Person under the State established legal drinking age to have intoxicating liquor in his possession. Subd. 8. Person under the State established legal drinking age to enter licensed premise for the purpose of purchasing or procuring intoxicating liquor. Subd. 9. Person under the State established legal drinking age to be in or upon licensed intoxicating liquor premises except a restaurant, hotel or motel, and then only if accompanied by at least one of his parents or his guardian; and it is unlawful for the licensee to permit such person to remain upon licensed premises . Subd. 10. Licensee to sell or serve intoxicating liquor 76 to any person under the State established legal drinking age . Subd . 11. Person to furnish , purchase or procure intoxicating liquor for a person under the State established legal drinking age. Subd. 12. Person under the State established legal drinking age to purchase or otherwise procure intoxicating liquor, or induce another to purchase intoxicating liquor for him. Subd. 13. On-Sale Licensee to sell wine except in conjunction with the sale of food. INTOXICATING AND NON-INTOXICATING LIQIIOR Subd. 14. A person under the State established legal drinking age to misrepresent his age for the purpose of obtaining intoxicating or non-intoxicating malt liquor . Subd. 15. Person to knowingly induce another to make an illegal sale or purchase of intoxicating liquor or non-intoxicating malt liquor. Subd. 16. Licensee to sell intoxicating liquor or non- intoxicating malt liquor on any day, or during any hour, when sales of liquor are not permitted by law, Subd. 17. Person to purchase intoxicating liquor or non- intoxicating malt liquor on any day, or during any hours, when sales of liquor are not permitted by law. Subd. 18. Licensee to sell or serve intoxicating liquor or non-intoxicating malt liquor to any person who is obviously intoxicated. NON-IZI'�OXICATI�G MALT LIQIIOR SEC. 4.28. NON-INTOXICATING MALT LIQQOR. LICEI�ISE REQOIRBD. It is unlawful for any person to sell , or keep or offer for sale, any non-intoxicating malt liquor without a license therefor from the City. This Section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding off- sale non-intoxicating malt liquor licenses from the City. SEC. 4.21. TEMPORARY NON-INTOXICATING LYIALT LIQOOR LICEPSE. Subd. 1. Applicant. A club or charitable, religious, or non-profit organization, duly incorporated as a non-profit or religious corporation under the laws of the State of Minnesota, and the City, shall qualify for a temporary on-sale non-intoxicating malt liquor license, for serving non-intoxicating malt liquor. Licenses may be issued for serving, in addition to other premises, on and off school grounds, and in and out of school buildings. ORONO CC (4-1-84) 77 Subd . 2 . Conditions . A. An application for a temporary license shall state the exact dates and place of proposed temporary sale. B. No applicant shall qualify for a temporary license for more than a total of seven (7) days in any calendar year . C. The Council may, but at no time shall it be under any obligation whatsoever to, grant a temporary non- intoxicating malt liquor license on premises owned or controlled by the City. Any such license may be conditioned, qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $3�0,�00.00 for injury to any one person and $ 50A ,00g.A0 for injury to more than one person, naming the City as an insured during the license period . SEC. 4.22. NON-IN'�"OXICATING MALT LIQUOR LICEAISE REST1tICTIONS AND REGQLATIONS. Subd . l . No gambling or gambling device shall be permitted on any licensed premises, except such as are licensed under the City Code. Subd. 2. No licensee shall, during the effective period of such license, be the owner or holder of a Federal retail liquor dealer's tax stamp for the sale of intoxicating liquor, unless such owner or holder also holds a liquor license from the City, and ownership or holding thereof shall be grounds for immediate rev ocation, without a hearing. Subd. 3. No license shall be granted to a wholesaler or manufacturer of non-intoxicating malt liquor or to anyone holding a financial interest in such manufacture or wholesale. ) 4. 22 Subd . 4 . No person who has not attained the State established drinking age shall be employed to sell or serve non- intoxicating malt liquor in any on-sale establishment. Subd. 5. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the City Code and other laws relating to the operation of licensee's business. Subd. 6. On-sale licenses shall be granted only to restaurants, hotels and bona fide clubs . Subd. 7. Any person who sells non-intoxicating malt liquor while holding or exhibiting in his place of business a federal retail liquor dealer special tax stamp without having an intoxicating license shall be quilty of a mideameanor . 78 SEC. 4.23. HOQRS AND DAYS OF NON-INTOXICATING MALT LIQOOR SALES. No sale of non-intoxicating malt liquor shall be made between the hours of 1 : 0Q o'clock A.M. and 8 : PJ0 o'clock A.M. on any weekday, Monday through Saturday, inclusive. Nor shall any sale be made on any Sunday between the hours of 1:00 o'clock A.M. and 12:0P! o'clock noon. SEC. 4.24. UNLAW�'UL ACTS (NON-IIl�'�"OXICA'4'I� MALT LIQUOR). For the purpose of this Section, refer to Section 4.16 and 4.17. I i i ORONO CC � (4-1-84) � 79 ] 4 . 30 INTOXICATING LIQUOR SEC. 4.30. LIQUOR LICENSE REQDIRED. It is unlawful for any person to sell , or keep or offer for sale, any liquor without a license therefor from the City. This Section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or any representative of any religious order or for use in connec- tion with a legitimate religious ceremony, (2) to such potable � liquors as are prescribed by licensed physicians and dentists for ' therapeutic purposes, (3) to industrial alcohol and its compounds ', not prepared or used for beverage purposes , (4) to wine in the possession of a person duly licensed under this Chapter as an on- sale wine licensee, or (5) to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota and to sales by wholesalers to persons holding on-sale licenses from the City. SEC. 4.31. LIQUOR LICENSE RESTRICTIONS AND REGOLATIONS. GENERAL PROVISIONS Subd. 1. Prior to issuance of any on-sale or off-sale license the applicant shall file with the City Clerk a bond with a corporate surety, cash, or United States government bonds in the sum of $ 5, 00�.0�. Subd. 2. No license shall be granted to a wholesaler or manufacturer of liquor, or to anyone holding a financial interest in such manufacture or wholesaling. Subd. 3. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if such permit be required under such laws or the State of Minnesota. Subd . 4 . No gambling or gambling device shall be permitted on any licensed premises, except such as are licensed under the City Code. Subd. 5. No licensee shall sell , offer for sale, or keep for sale, liquor in any original package which has been refilled or partly refilled. Subd. 6. No licensee shall display liquor to the public during hours when the sale of liquor is prohibited . Subd. 7. No more than one license shall be held by any person, except as provided in Section 4.05. For the purpose of this Subdivision, any person owning a beneficial interest of five percent , or more , of any licensed establishment shall be considered a licensee. ORONO CC (4-1-84) ] 4 .31 80 Subd. 8. The Council may issue the number of licenses authorized by statute or restrict such number from time to time as it may, in its discretion, deem proper . Subd. 9. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the Council, or other duly authorized representative of the City, at all reasonable times. Subd. 10. Any proposed enlargement , alteration or extension of premise shall be reported to the City Clerk at or before the time application is made for a building permit . Subd. 11. Every license shall be granted subject to the provisions of the Chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business . Ofl�i-SALE LIQIIOR AND WI1�EE Subd. 12. No person under the age of eighteen ( 18) years shall be employed upon premises , or in any rooms constituting the same, except that persons under the age of eighteen years may be employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant , hotel or motel . Subd. 13. On-sale licenses shall be granted only to hotels , motels, restaurants and bona fide clubs . Subd. 14. No on-sale license shall be granted for a restaurant or hotel which does not have a total market value, including land, building and equipment of at least $2H4l,00PJ.0P1, nor shall a Sunday sale license be granted for a restaurant or hotel which does not ha ve a total market value, including land, building and equipment of at least $500, 000.00, as appraised by the City Assessor , except that the Council may grant a license where the total market value is less than the required value on the condition that the establishment be improved within five years to the required market value, not including an increase in value caused by the original granting of the liquor license. Subd. 15. No license renewal application shall be considered by the Council until the applicant has filed with the City Clerk a statement made by a certified public accountant , setting forth the total gross sales and the total food sales of the restaurant for the twelve-month period immediately preceding the date for filing renewal applications. Subd. 16. No on-sale license shall be granted to restaurants or hotels unless they are located in a B-1 Commercial Business District. ORONO CC � (4-1-84) 81 Subd. 17. No sale of liquor shall be made to or in guest rooms of hotels, unless the rules of such hotels provide for service of food in guest rooms, and unless the sale accompanies and is incident to the regular service of ineals to guests therein. OFF-SALE LI IIOR AND WZNE 4 , Subd. 18. An off-sale licensee may provide samples of wine, liqueurs , and cordials which the licensee currently has in stock and is offered to the general public without obtaining an additional license providing that the wine, liqueur, and cordial samples are dispensed at no charge and consumed on a licensed premise during the permitted hours of off-sale in a quantity less than 50 mi 11 i 1 iters of wine per variety per customer, and 25 milliliters of liqueur or cordial per variety per customer. Subd. 19. No off-sale licensee, his agent or employee shall deliver any intoxicating liquor to or at any place or premises without obtaining a receipt therefor, signed by the person receiving such liquor and bearing the time, date and place of delivery. Such receipts shall be kept in the files of the licensee for a period of one year and such files and receipts shall be available for inspection by the license examiner or designated employee at all hours during which the licensed premises is open for business. Subd. 20. No off-sale establishement may be located ', within 500 feet of an institution of public education whose primary purpose is education of individuals in grades kindergarten through 12th grade. Subd. 21. No off-sale establishement may be located closer than 1/2 mile from the off-sale premise licensed in the City � of Orono with a maximum of two off-sale licenses issued in the City. 82 ) 4 . 32 SEC. 4.32. HOURS AND DAYS OF LIQUOR SALES. Subd. 1. On-sa le. No on-sa le of 1 iquor sha 11 be made between 1 ; 00 o'clock A.M. on Sunday, nor until 8 ; 00 o'clock A.M. on Monday, nor after 8: 00 o'clock P.M. on December 24. No on- sale of liquor shall be made between the hours of 1 : 00 o'clock A.M. and 8 : 0A o'clock A.M. on any weekday or Saturday. Subd. 2. Of f-sa le. No of f-sa le of 1 iquor sha 11 be made before 8: 00 o'clock A.M. or after 8: 0� o'clock P.M. of any day, except Friday and Saturday on which days may be made until 10: A0 o'clock P.M. No off-sale shall be made on New Year's Day, January 1 ; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off-sales may be made until 10:00 o'clock P.M. SEC. 4.33. SUNDAY SALES. Notwithstanding anything herein to the contrary, a Sunday on-sale license may be issued to hotels , motels and restaurants, as herein defined, which have on-sale liquor licenses, to serve liquor between the hours of 10:00 o'clock A.M. and 12:g0 o'clock midnight on Sundays in conjunction with the serving of food , provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. SEC. 4.34. UNLAi�iFUL ACTS (LIQDOR) . For the purpose of this Section, refer to Section 4.16 and 4.17. (Sections 4.35 through 4.39 , inclusive , reserved for future expansion. ) . ORONO CC (4-1-84) 83 ] 4 . 40 SEC. 4.48. ON-SALE WINE. Subd. l. On-Sale Wine License Required. It is unlawful for any person to sell , or keep or offer for sale, any wine without a license therefor from the City. This Section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or any representat i ve of any re 1 ig ious order or f or use in connec- tion with a legitimate religious ceremony, (2) to sales by manufac- turers to wholesalers duly licensed as such by the State of Minnesota, (3) to sales by wholesalers to persons holding on-sale or off-sale liquor licenses from the City, or (4) to sales by wholesalers to persons holding on-sale wine licenses from the City. Subd . 2. On-Sale Wine License Restrictions and Regulations . A. Prior to issuance of any on-sale wine license , the applicant shall file with the City Clerk a bond with a corporate surety, cash , or United States government bonds in the sum of $ 3 ,0PlPl.OA. B. No license shall be granted to a wholesaler or manufacturer of wine, or to anyone holding a financial interest in such manufacture or wholesaling. C. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if such permit be required under such laws or the State of Minnesota. D. No gambling or gambling device shall be � permitted on any licensed premises, except such as are licensed 1 under the City Code. � E. No person under the age of eighteen ( 18) years � shall be employed upon premises, or in any rooms constituting the ' same, except that persons under the age of eighteen years may be � employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant. Persons ; under eighteen years of age may be employed as waiters or I waitresses in places defined as a restaurant , hotel or motel to serve food in rooms in which only wine is sold on-sale, provided they shall not be permitted to serve or sell wine. F. No licensee shall display wine to the public on days or during hours when the sale of wine is prohibited. G. No more than one license shall be held by any person. For the purpose of this Subparagraph, any person owning a beneficial interest of five percent, or more, of any licensed establishment shall be considered a licensee. ORONO CC 84! (4-1-84) ] 4 . 4Q H. On-sale wine licenses shall be granted only to restaurants as defined in this Chapter. Provided , however , for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than twenty-five guests at one time. I. Every license shall be granted subject to the � provisions of this Chapter and all other applicable provisions of � the City Code and other laws relating to the operation of the � licensed business. � SEC. 4.41. AO�RS AND DAYS OF SALES BY ON-SALE WINE LICENSEES. � No sale of wine shall be made between 1 :0�J o'clock A.M. and 12: 00 � o'clock noon on Sunday, nor between 12 : 00 o'clock midnight and until 8 :0A o'clock A.M. on Monday, between the hours of 1 : 00 ' o'clock A.M. and 8: 00 o'clock A.M. on any weekday, including Saturday; nor between the hours of 8:00 o'clock P.M. on December 24 and 1 : g0 o'clock A.M. on December 25. � SEC. 4.42. UNLAWFOL ACTS (WINE) . For the purpose of this Section, refer to Section 4 .16 and 4 . 17. ,' 9 (Sections 4.43 through 4.49 , inclusive, reserved for future ! f expansion. ) ; � � �� �, t�,! � � �. �, � ORONO CC gc,' (3-1-84) ] 4 . 50 BOTTLE AND CLUB LICENSES SEC. 4.50. ADDITIONAL CLDB LICENSEE RESTRICTIONS AND REGULATIONS, AND UNLAWFUL ACTS. Subd. l. Definitions. The followinq terms, as used in this Section, shall have the meanings stated: A. "Member" means any person in good standing according to rules and regulations of the licensed club, wherever located, having evidence of current membership upon his person. B. "Guest" means a person not a member of the club licensee but present on the club licensed premises in the company of a host member. C. "Host member" means a member who is entertaining a guest who is in the member's company at all times such guest is on the licensed premises. D. Definition. For purposes of this Section, the term "bottle club" is a "club" as defined in this Chapter, or an unincorporated society which; except for its lack of incorporation, otherwise meets the requirements of a club, and which is not otherwise licensed for the sale of liquor, either on-sale or off- sale or both. Subd. 2. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter relating to sales and purchases of non-intoxicating malt liquor or liquor, as the case may be: A. It is unlawful for a club licensee to sell liquor or non-intoxicating malt liquor to any person not a member of the licensed club. B. It is unlawful for any club licensee to serve non-intoxicating malt liquor or liquor to any non-member of the licensed club unless such non-member is a guest. C. It is unlawful for any person who is not a member of the licensed club to purchase liquor or non- intoxicating malt liquor from the club. D. It is unlawful for any club licensee to hinder or prevent a police officer from determining compliance with this Section and Chapter, and all other laws. E. It is unlawful for any person to refuse, upon request of a licensee or police officer, to provide information as to whether he or she is a member, guest or host member, or to give false, fraudulent or misleading information in response to such request . Source: City Code Effective Date: 4-1-84 86 (Sections 4.51 through 4.59 , inclusive , reserved for future expansion. ) ORONO CC � (4-1-84) 87 - . � J 4 . 64� SEC. 4.68. CONSUMPTION AND DISPLAY. Subd. 1. License Required. It is unlawful for any bottle club or for any business establishment to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing liquor without a license therefor from the City, but a bottle club as herein defined and licensed may permit its members to bring and keep a personal supply of liquor in lockers assigned to such members. Subd. 2. Restrictions and Regulations. A. Every bottle, container or other receptacle � containing liquor stored by a member of a bottle club shall have attached to it a label signed by the member of the club, shall be kept in a locker designated to the use of such member, and no other liquor shall be on bottle club premises. B. It is unlawful for any club member under the State established legal drinking age to be assigned a locker for the storage of liquor or to consume or display liquor on any premises under control by such club. C. It is unlawful to consume or allow consumption or display of liquor in any bottle club or business establishment between the hours of 1 :g0 o'clock A.M. on Sunday, nor until 8 : 00 o'clock A.M. on Monday, nor after 8: 00 o'clock P.M. on December 24. No on-sale of liquor shall be made between the hours of 1 : AP1 o'clock A.M. and 8 : 00 o'clock A.M. on any weekday or Saturday. D. No license shall be issued to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its memaers , or when a business establishment or the owner holds a Federal retail liquor dealer's special tax stamp for the sale of liquor. E. Liquor sold, served or displayed in violation of this Ordinance shall be subject to seizure for purposes of evidence. Subd. 3. State Permit Required. It is unlawful for any person or business establishment, directly or indirectly, or upon any pretense or device, to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing of liquor without first having obtained a permit therefor from the State of Minnesota. ORONO CC (4-1-84) 88 - . � ] 4 .61 SEC. 4.61. ONE DAY LIQUOR LICENSE. Subd. 1. License Required. Any non-profit organization desiring to serve liquids for the purpose of mixing with liquor and permitting the consumption and display of liquor in conjunction with a social activity sponsored by it, shall first obtain a license therefor from the City. It is unlawful for any such organization to fail to obtain such license. Subd. 2. Term. The term of such license shall be one day only. Subd . 3 . Limitation on Number . No more than ten licenses shall be issued in any calendar year. Subd. 4. License Fee. The fee for such one-day license is $ 25.00. Subd. 5. Approval . In addition to Council approval , such license must be approved by the Commissioner of Public Safety. Subd. 6. Unlawful Acts. Consumption under this provision is subject to all unlawful acts in this Chapter. Source: City Code Effective Date: 4-1-84 (Sections 4.62 through 4.69 , inclusive, reserved for future expansion.) ORONO CC 89, (4-1-84) , � * ., . ] 4. 7� SEC. 4.78. MUNICIPAL LIQUOR STORE. DELETED. Effective upon sale and closing of the Municipal Liquor Store. (Sections 4.71 through 4.79 , inclusive , reserved for future expansion. ) This Ordinance becomes effective upon adoption and publication. Adopted by the City Council of the City of Orono on this 17th day of March, 1987, by a vote of 5 ayes and 0 nays . � , � Jam s R. Grabek, Mayor ATTEST: , _ � � rothy Hall n, City C er 90 .�.. ;� 'f ORDINANCE NO. 33, SECOND SERIES An Ordinance to amend the Municipal Zoning Code of Orono by redescribing the legal descriptions of certain properties within the RR-lA and LR-lA Zoning Districts of the City. The City Council of the City of Orono Ordains: The Municipal Code of the City of Orono is amended by adding Ordinance No. 33, Second Series: Section 1. The Municipal Code of the City of Orono is amended by amending the official Zoning Map and Zoning Use District Boundaries for certain properties within the Northwest Quarter of Section 5, Township 117, Range 23 located within the RR-lA and LR-lA Zoning Districts as follows: RR-lA - Commencing at the Northwest corner of the City of Orono; thence Easterly along the North line of the Corporate Limits to the intersection of the North line and the center line of Wayzata Boulevard; thence Southeasterly along the center line of Wayzata Boulevard to the center line of Wayzata Boulevard and Stubbs's Bay Road; thence Southwesterly along the center line of Stubb's Bay Road to its intersection with the center line of the Luce Line Trail ; thence Northwesterly along the center Iine of the Luce Line Trail to the Westerly line of the Riedell Company Stubbs Bay Addition plat; thence Southerly along said line 283.68 feet; thence Westerly 1325 feet parellel with the Northerly line of Section 5; thence Southerly parellel with the West line of Section 5 to the center line of Bayside Road; thence Westerly and Southerly along the center line of Bayside Road to the Corporate Limits of the City of Orono; thence Northerly along said Corporate Limits to the point of beginning. LR-lA - The following described property in Sections 2, 4, 5, 6, 9, 10, 11, 15, 16, Township 117, and Sections 25, 26, 35, and 36, Township 118, Range 23: All of the South 1/2 of Section 2 lying Southerly of the Burlington Northern Railroad EXCEPT that which is within the City of Wayzata. That part of the South 1/2 of Section 4 lying Westerly and Southerly of County Road No. 84. All that part of the south 1/2 of Section 5, Township 117, Range 23 lying easterly of Stubbs Bay, Northerly of Maxwell Bay and Northeasterly of the channel between Stubbs Bay and Ma�aell Bay. That part of North 1/2 of Section 5, Township 117, Range 23 consisting of Lots 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 20, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 52, 57, 58, 59, 60, 61, 62, 63, 64 and that portion of Lots 37, and 40 and the South 550 feet of Lot 53 of Auditor's Subdivision No. 203 lying Southerly of the Luce Line Trail. Block 1, 2, 3, 4, 5, 6, and 8 of Bayside Addition, all of Bayview Park, Ottoville and Blocks 1 and 2, Hillside Park, Block 1 Riedell Company Stubbs Hay Addition and the South 550 feet of Lot 1 and 2, Burger's Bayside Addition. -� :•�. _� . . Section 2. This Ordinance shall be published in the Laker & Pioneer Newspapers and shall be effective upon publication. Passed by the City Council this 30th day of March, 1987, by a vote of 5 ayes and � nays. -- r- , �' h i ,� .'�-`- � James R. Grabek, Mayor ATTE . ✓ � _ or thy M allin, City Clerk Published in the Laker & Pioneer Newspapers on the 13thday of April � lgg�, 41787.9 ORDINANCE NUMBER 34, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 28, SECOND SERIES ADOPTED DECEMBER 8, 1986 ENTITLED 'AN ORDINANCS ADOPTING THE 1987 FSE SCAEDULE." The City Council of Orono ordains: Ordinanc2 Number 28 , Second Series adopted December 8, 1986 and entitled "An Ordinance Adopting the 1987 Fee Schedule" is amended to read: CONSTRIICTION PERMITS AND INSPECTION FEES (CONT.) SANITARY SEWER CONNECTION CHARGES The connection charge for properties within a designated sewer project area but which were not previously assessed, and for properties outside a designated sewer project area and not previously assessed but obtaining Council approval to connect to the sewer shall be charged a connection charge equal to the original assessment for the pertinent sewer project plus interest calculated at a 7 percentage compound rate. Such charge shall be collected at the time a building permit is issued for new construction, or at the time a connection permit is issued for existing structures. This ordinance amendment shall be published in the Laker and Pioneer newspapers and shall be effective upon publication. Adopted by the City Council of the City of Orono on this 27th day of April, 1987 . ,, -_ � - Jam s R. Grabek, ayor ATTE . 0 othy M allin, City Clerk Published in the Laker and Pioneer newspaper on llth day of May , 19 8 7. � � � 5187.1a Summary approved. The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance No. 35 , Second Series" and a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will cleraly inform the public of the intent and effect of the ordinance. � . OFFICIAL SDI�IARY OF ORDINANCE NOMBER 35 , SECOND SERIES AN ORDINANCE RELATING TO CONTROLLED SOBSTANCES, ADOPTING BY REFERENCE THE FIVE SCHEDULES OF CONTROLLED SUBSTANCES AS LISTED IN MINNESOTA STATQTES 1986, SECTION 152.82• AS AMENDBD, MARING IT PART OF THIS ORDINANCE AS COMPLETELY AS IF SET ODT AEREIN IN FULL. FOR THE PORPOSE OF THE ORDINANCE, A CONTROLLED SQBSTANCE IS ANY SUBSTANCE LISTED IN THE FIVE SCHEDQLES OF CONTROLLED SUBSTANCES IN MINNESOTA STATQE 1986, SECTION 152.8 The City Council of the City of Orono ordains Ordinance Number 35 , Second Series which includes sections pretaining to: SECTION. 9 . 57 . Controlled Substances , State Statute Incorporated Controlled Substances Defined Prohibited Acts Possession Defined Excepted Lawful Business and Professions Unlawful Procuring, Purchase, Delivery or Possession Confiscation and Disposition of Controlled Substances Use of Original Containers and Labels Required Possession of Injection Implement Penalty Effective Date Making possession of certain controlled substances a misdemeanor and subject to prosecution. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk. This Ordinance becomes effective upon publication, the week of May 18, 1987 . Adopted by the City Council of the City of Orono on this llth day of May, 1987, by a vote of 5 Ayes and 0 Nays . ATT T: Jame R. Gra or othy M alli , City Clerk . ��� - -,* � �i� 5787. 2 ORDINANCE 35 , SECOND SERIES AN ORDINANCE RELATING TO CONTROLLED SUBSTANCES, ADOPTING BY REFERENCE THE FIVE SCHEDOLES OF CON'�ItOLLED SIIBSTANCES AS LISTED IN 1rIINNESOTA STATUTSS 1986, SECTION 152.02, AS AMENDED, MARING IT PART OF THIS ORDINANCE AS COMPLETELY AS IF S�T OIIT Hd�REIN IN FULL. FOR THE PQRPOSE OF THE ORDINANCE, A CONTROLL�D SUBSTANCE IS ANY SUBSTANCE LISTED I� THE FIVE SCHEDULES OF' CONTROI.LED SUBSTANCES IN MINNESOTA STA'TOTE 1986, SECTION 152.8. The City Council of the City of Orono ordains : SECTION. 9 . 57 . Controlled Substances, State Statute Incorporated . Controlled Substances Defined. Subd . l. The five ( 5) schedules of controlled substances listed in MN Statutes 1986, Section 152.P12, as amended, are hereby incorporated in and made a part of this section as if it set out herein in full for the purpose of this section, a controlled substance is any substance listed in the five schedules of controlled substances in MN Statutes 1986, Section 152.02. Subd. 2. Prohibited Acts. It shall be unlawful for any person to manufacture, possess, sell, give away, barter, exchange , distribute, or otherwise transfer any controlled substance, except on a lawful prescription by a person licensed by law to prescribe and administer controlled substances. Subd. 3. Possession Defined. Possession shall mean having the controlled substance in one's actual or constructive possession, including but not limited to having the controlled substance in any motor vehicle which is owned or operated by the person charged with possession. Subd. 4. Excepted Lawful Businesses and Professions. This ordinance shall not apply to the following in the ordinary course of their trade, their business , or their profession provided, however, this exception shall not be a defense to the doing of the acts prohibited in Prohibited Acts listed above hereof: A. Practitioners , persons licensed by law to prescribe and administer controlled substances. B. Pharmacists duly registered and licensed with the MN Board of Pharmacy. C. Manufacturers . D. Pharmacists and manufactureres . , . , � -,� _ _ , • ' E. Wholesalers . F. Warehouseperson. • G. Persons engaged in transporting such controlled substances as agent or employee of a practitioner, pharmacist , manufacturer , warehouseperson , wholesaler, or common carrier. H. Public officials or public employees in the performance of official duties requiring possession or control of such controlled substances , or persons aiding such officers or employees in the performance of such duties. I. Any patient as herein defined with respect to procuring , possession, and use of a controlled substance in accordance with the terms of a prescription and prescribed treatment. J. Persons who procure, possess, or use such controlled substance for the purpose of lawful research, teaching, or testing, and not for sale. K. Lawfully licensed and registered hospitals or bona fide institutions wherein sick or injured persons are cared for and treated , or by bona fide hospitals for the treatment of animals. Subd. 5. Unlawful Procuring, Purchase, Deliver� or Possession. No person shall procure, �purchase, deliver, or possess, or attempt to procure, purchase, deliver, or poss�ss, a controlled substance in any of the following manners: A. By fraud , deceit , misrepresentation or subterfuge, or B. By the forgery or alteration of a prescription, or C. By the concea lment of a mater ia 1 fact, or D. By the use of a f a 1 se name or the g i v i ng of a false address, or E . By making a false statement in any prescription, order, report, or record relative to a controlled substance, or F. By falsely assuming the title of , or falsely representing any person to be a manufacturer, wholesaler , warehouseperson , pharmacist , practitioner, or other person described in Excepted Lawful Businesses and Professions hereof, or � •^ � ,, ~ � G. By making , issuing , or uttering any false or forged prescription. Subd. 6. Confiscation and Disposition of Controlled Substances. Any controlled substance found in the possession^of any person convicted of a violation of this ordinance shall be confiscated and shall be forfeited to the Chief of Police who shall make proper and timely disposition thereof by destroying it. Subd . 7. Use of Original Containers and Labels Re�uired. All patients having possession of any controlled substance, by lawful prescription of practitioner while such controlled substance is lawfully in such person's possession, shall keep such controlled substance in the original container in which it was delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container. Subd. 8. Possession of Injection Im�lement. No person except dealers in surgical instruments, apothecaries, physicians, dentists, veterinarians , nurses , attendants , and interns of hospitals, sanitoriums or any other institution in which persons are treated for disability or disease, shall at any time have or possess any hypodermic syringe or needle or any instrument adapted for the use of cocaine or narcotic drugs or any controlled substance defined in Minnesota Statutes 152.f�2, or as defined in Title 21 United States Code 812 by subcutaneous injections and which is possessed that purpose, unless such possession be authorized by the certificate of a physician issued within a period of one year prior to any time of such possession. Subd. 9. Penalty. Pursuant to these ordinances , any violation of this ord ni ance shall be a misdemeanor, except that any first violation for possession of small amount of marijuana as that term is defined in MN State Statute Section 152.02, Subd. 16, not including possession in a motor vehicle, shall be a petty misdemeanor. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted by the Council this llth day of Mav . 1987. Jam R. Grabe , ayor AT $T: , , � . ' . . R , ORDINANCE NDI�ER 36 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE 9.18 AND ENTITLED 'DANGEROQS WEAPONS AND ARTICLES" . The City Council of the City of Orono ordains: Ordinance Number 9.1P! and entitled "Dangerous Weapons and Articles" is amended to read: Subdivision 7.A. Permits , Occasional. Occasional permits valid for a period of fifteen (15) days or less may be granted to clubs or persons as follows : ' 1 . Occasional target shooting or trap and skeet shooting; 2. Field trials, commercial or professional exhibitions or displays, or any similar or lawful purpose as determined by the City Clerk. Subdivision 7.B. Permits, Commercial or Agricultural. Commercial or agricultural permits may be granted up to a maximum of 120 days as established by the Administrator to persons or clubs meeting all the following criteria: A. For control of pests , vermin, rodents , or other animal nuisances, such as deer hunting by bow and arrow during appropriate season, or other animals that are a demonstrated nuisance. B. Where there are no other appropriate methods available. C. Where there is a demonstrated need for a lonqar dur�tion of time for predator control such as a bow and arrow deer season or growing season in agricultural situations . Subdivision 7.C. Occasional permits valid for a period under 7A or 7B as deemed appropriate may be granted to clubs or persons as follows: A. The discharge of bow and arrow will be allowed on an occasional basis to remove problematic animals including game animals when an individual hunter has obtained a permit issued by the Chief of Police subject to the following circumstances: 1. There is a demonstrated nuisance of that animal to that property owner. 2. Property owner has specifically given written permission to a hunter and that hunter has the appropriate state hunting permit . � 3. That no discharging be done within 1f�0 feet of any property line, within 100 feet of any buildings 2 , � _' � . and 200 feet of any livestock. 4. Discharge for purposes of this section shall only be done from an elevated stand that is a minimum of four (4) feet off the ground. 5. Can only be done during the appropriate season. 6. The hunter receives no compensation for the removal service apart for the retention of animals killed. This ordinance shall be effective upon adoption and publication. �' Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 26th day of May, 1987. , Jame R. Gra , Mayor ATT ST: � • � othy M allin, City Clerk - 3 �' � � M , ! ORDINANCE NO. 3� , SECOND SSRIES � An Ordinance adopting the Minnesota State Building Code; providing for its administration and enforcement; regulatinq the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of al 1 buildinqs and/or structures in the City of Orono; providing for the issuance of permits and collection of fees therefore; providing penalties for the violation thereof; amending Ordinance No. 12, Second Series of the City of Orono and all other ordinances and parts of ordinances in conf lict therewith. The City Council of the City of Orono ordains as follows: Subd. 1. Building Code. The Minnesota State Building Code , established pursuant to Minnesota State Statutes 16B.59 through 16B.73, one copy of which is on file in the office of the City Clerk, is hereby adopted as the Building Code for the City of Orono. Such Code is hereby incorporated in this Ordinance as completely as setout in full. A. Administration Required. 1) Chapter 1300 - Code Administration. 2) Chapter 1305 - Adoption of 1985 Uniform Building Code by Reference. 3 ) Chapter 1315 - 1985 National Electrical Code. 4) Chapter 1320 - Elevators and Relocated Machines. 5) Chapter 1325 - Solar Energy Systems. 6) Chapter 1330 - Technical Required for Fallout Shelters. 7) Chapter 1335 - Flood Proofing Regulations - Parts 1335.0600 to 1335.1200, and CPR Sections 205.4 to 208.2. 8) Chapter 1340 - Facilites for the Handicapped. 9) Chapter 1345 - Minnesata Heating, Ventilating, Air Conditioning and Refrigeration Code. 10) Chapter 1350 - Manufactured Homes. • . 11) Chapter 1355 - Plumbing Code. ' 12) Chapter 1360 - Prefabricated Structures. 13) Chapter 1365 - Variation of Snow Loads. 14) Chapter 4215 - Mode Enerqy Code. � � ''' t . ., - . . B. Administration Optional. 1) Chapter 1305.0150, Subpart 2. 2 ) UBC Appendix Chapters 1, 7, 38 and 55. 3) Chapter 1305.6905 - Special Fire Suppression Systems with Option of Group B-2 2000 or More Gross Square Feet. Subd. 2. Organization & Enforcement. The organization of the Building Department and enforcement of the Code shall be as established by Chapter 2 of the Uniform Building Code 1985 Edition. The Code shall be enforced within the corporate limits of the City and extraterritorial Iimits permitted by State Statutes, 1984. The Building & Zoning Department shall be the Building Ccde Department of the City of Orono. The Administrative Authority shall be the State Certified "Building Official" . The Appointing Authority shall designate the Building Official for the Jurisdiction of Orono. Subd. 3. A. Permits, Inspections, and Fees. Permits inspections and collection of fees shall be provided in Chapter 3 of the Uniform Building Code 1982 Edition. B. Surcharge. In addition to the permit fee required by Item A, the applicant shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes 1984, Section 16B.70. Section 4. Violations and Penalties. Shall be in keeping with Minnesota Statues 609.033 - 609.034 which provides for a maximum fine of $700.00. Section 5. Effectived Date of Ordinance. The effective Date of this Ordinance is June 29, 1987 . �� ATTE . Jam R. Grab , yor thy M. llin, City Clerk Published n the Laker & Pioneer Newspapers on the 29th day of June , 19g�. c 7687 .1 ORDINANCE NOMBER 3g , SECOND SERIES 1,N ORDINANCE AMENDING ORDINANCE NLTMBSR 7.10 A1tD E�TITLED .'TRUCR ROOTE" The City Council of the City of Orono ordains: Ordinance Number 7. 10 and entitled "Truck Route" is amended to read: Subdivision 1. Repeals Section 7.1A in its entirety. Subdivision 2. Inserts the following language as Section 7.10: A. TRUCK ROUTE. It is unlawful for any person to drive a tractor, agricultural implement, truck over 9 ,000 pounds gross vehicle weight, truck-trailer, tractor-trailer or truck tractor in through traffic, upon any street except those which have been designated and sign-posted as truck routes or are State, County or improved Municipal State Aid streets. For the purpose of this Chapter , "through traffic" means originating without the City and with a destination without the City, as distinguished from " local traffic" which means traffic either originating or having a destination within the City. B. POSTED NO TRUCKS. It is unlawful for any person to drive a tractor, agricultural implement, truck, truck-trailer, or tractor trailer over 9, 000 pounds gross vehicle weight on any City owned and maintained streets that is posted "No Trucks" when such designation is approved by Council. C. The following motor vehicles are exempted from the provisions of this ordinance: A. School buses B. Emergency vehicles C. Trucks serving residential properties on that street D. Orono maintenance vehicles This ordinance becomes effective from and after its passage and publication on July 20, 1987. Passed by the Council this 13th day of July, 1987 . Jam R. Grabek, Mayor ��____� ATTES : � , orothy � a���n, City Clerk Published in th� Laker and Pioneer Newspapers on the 20th day of July, 19ffi7. ORDINANCE NOMBER 39 , SECOND SERIES AN INTERIM ORDINANCE ALLOWING EMERGENCY RESTORATION FROM STORM DAMAGE COMMENCING JULY 27, 1987 THROIIGH AUGQST 31, 1987 The City Council of Orono Ordains as follows : The municipal code of the City of Orono is amended by adding Ord inance Number 39 , Second Ser ies: SECTION l. STATEMENT OF POLICY. The City Council shall waive certain standards of Section 10.03 Subdivision 19 and Section 10.22 Subdivision 2 in order to allow emergency restoration of lakeshore and non- lakeshore yards damaged by the severe storms that entered the City on July 23 , 1987 and July 26, 1987. Staff is hereby directed to issue general permits for land alterations based on the following guidelines: a. Filling and grading in excess of 100 cubic yards to permit restoration to original grades when feasible. b. Filling and grading within 75 feet of the shoreline of all lakes to permit restoration to original grades, such restoration may require installation of retaining walls , the City Engineer shall rev iew all permits seeking use of retaining wal ls. SECTION 2. This ordinance shall not be interpreted to include the restoration of structures damaged by these storms and located within 0 to 75 feet of the shoreline of all lakes , except for docks that shall be rebuilt per current standards of the Lake Minnetonka Conservation District. SECTION 3. The City shall waive the payment of fees for all general permits that inv olve land alterations under this ordinance. SECTION 4. A public hearing has been scheduled before the Planning Commission on September 8, 1987 to review a proposed permanent ordinance that would establish guidelines and procedures for the City to follow in cases of natural disasters. SECTION 5. This ordinance shall be effective beginning July 27, 1987 and shall terminate on August 31, 1987. SECTION 6. This Ordinance shall be published in the Laker and Pioneer newspapers and shall be effective immediately upon publication. Adopted by the City Council of the City of Orono on the 27th day of July, 1987 by a v ote of 5 ayes and p nays. � — -- - --- --- ----- -- ATTE T: Jam s R. G a , ayor -----= - - ------- othy M allin, City Clerk 1 7687. 1a ORDINANCE NUMBER 40 , SECOND SERIES , AN ORDINANCE AMENDING ORDINANCE N[TMBER 38, SECOND SERIES WHICA AMENDED ORDINANCE N[IMBER 7.10 AND ENTITLED 'TRUCR ROUTE' The City Council of the City of Orono ordains: Ordinance Number 38 , Second Series and entitled "Truck Route" is amended to read: Subdivision l. Repeals Section 7.10 in its entirety. Subdivision 2. Inserts the following language as Section 7.1�: A. TRUCK ROUTE. It is unlawful for any person to drive a tractor , agricultural implement , truck over 9, 000 pounds gross vehicle weight, truck-trailer, tractor-trailer or truck tractor in through traffic, upon any street except those which have been designated and sign-posted as truck routes or are State, County or improved Municipal State Aid streets. For the purpose of this Chapter , "through traffic" means originating without the City and with a destination without the City, as distinguished from " local traffic" which means traffic either originating or having a destination within the City. B. POSTED NO TRUCKS. It is unlawful for any person to drive a tractor, agricultural implement, truck, truck-trailer, or tractor trailer over 9 , 000 pounds gross vehicle weight on any City owned and maintained streets that is posted "No Trucks" when such designation is approved by Council. , C. The following motor vehicles are exempted from the provisions of this ordinance: A. School buses B. Emergency vehicles C. Trucks serving residential properties on that street D. City maintenance vehicles This ordinance becomes effective from and after its passage and publication on August 17, 1987. Passed by the Council this 10th day of August , 1987 . -- --- � y---------------- � Jam s R. Gr a or ATT T: — `�� ----- thy M. allin, City Clerk Published in the Laker and Pioneer Newspapers on the 17th day of August , 1987 . ORDIIiYItiCE 41 , SFCOND SERIBS An ordinance of the City of Orono addin9 5ection 2.38, to the Orono City Code , providing for the City Council designation of employees and officers authorized to issue citations. Section 1. Chapter 2, of the Orono City Code is hereby amended by the addition thereto of a new section, to be Numbered SECTION 2.38 and to read as follows: SEC. 2. 38. ISSUANCE OF CITATIONS. Subd. 1. Except as otherwise prov ided by statute , only a peace off icer and part-time peace of f icer may: (1) l�sk a person receiving a citation to give a written promise to appear in court; or (2) �ake a person into custody as permitted by Minnesota Statutes 629.34 ( 1986) . Subc3. 2. The following City individuals may issue citations in lieu of arrest or continued detention for violations of the City Code. Areas of jurisdiction will be contained in City Policy as set forth in resolution for�a by the City Council. (a) P�ace Officers and Part-time Peace Officers (b) Reserve Officers (c) Community Service Officers (d) Zoning Administrator (e) Assistant Zoning Administrator (f) Building Inspector (g) Public Works Director Section 2. Effective Date. This ordinanc� shall be in force and effective upon publication. Section 3. Publication. The City Clerk is hereby orclered and directed to c~ert�y the passage of this ordinance and to cause same to be published once in the Laker, a newspaper of general circulation, circulated in the City of Orono, Minnesota. Adopted by the City Council of the City of Orono, Minnesota on t_he 19th day of August, 1987. Jam s R. , Mayor ----� � ATTE ,�T: ' • . , 0 ot�iy �a i , City Cler�C ORDINANCE NUMBER 42, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NUMBER 25, SECOND SERIES, ADOPTED OCTOBER 13,1986, AND ENTITLED 'AN ORDINANCE AMENDING ORDINANCE NUMBER 9.1H AND ENTITLED DANGEROUS WEAPONS AND ARTICLES' The City Council of the City of Orono ordains: Ordinance Number 25, Second Series adopted October 13, 1986, and entitled "An Ordinance amending Ordinance Number 9. 10 and entitled Dangerous Weapons and Articles" is amended to read: D. An occasional permit valid for a period not to exceed a total of 3 days in any one year shall be issued to Hennepin Parks for the discharge of shot guns in hunting of game aminals in Baker Park. In addition to other applicable conditions outlined in this Subdivision 7 (A) through 7 (C) the Park District must notify all abutting property owners by letter 10 days in advance of the proposed hunt and that appropriate signage be posted around the Park Reserve District boundaries to limit unauthorized access during the hunt. This ordinance becomes effective upon publication. Passed by the Council this 12th day of October , 1987 . — --- -------------�� Ja s R. Gra , ayor ATT T: I � . C�. — ---------------- othy M allin, City Clerk � Pubished in the Laker and Pioneer newspaper the week of October 19, 1987. ORDINANCE NUMBER 43 , SECOND SERIES AN ORDINANCE AMENDING SECTION 12.85 SUBDIVISION 1 OF ORDINANCE 12 ADOPTED APRIL 11, 1984, AND ENTITLED 'AN ORDINANCE RELATING TO TIME OF CONSTRIICTION." The City Council of Orono ordains: Section 12.PJ5 Subd. 1 of Ordinance Number 12 adopted April 1 , 1984 , and entitled "An Ordinance Relating to Time of Construction" is amended to read: Subd. 1. Permit Expiration. Notwithstanding continuing or on-going work, any building permit issued by the city shall expire and by limitation be null and void and shall require issuance of a new permit and payment of one half ( 1/2) the original permit fee if a certificate of occupancy and final completion has not been issued within the following length of time after the date of permit issuance, which new, permit and fee shall be necessary to reimburse the City for ongoing and more than normal number and cost of inspection services. This ordinance becomes effective from and after its passage and publication. Passed by the Council this 26th day of October , 1987 . -- -- -- -- -------- ------ Jam . Gra , ayor ATT ST: _ �� � D othy Hallin, City Clerk � �Y • Published in the Laker/Pioneer newspaper on the 2nd day of November, 1987. +1 DIRECTORY FOR 1988 FEE SC�iEDULE Copy Charges Page Permits Page Administration . . . . . 11 After-the-fact Fees . . . . 3 Accident Reports . . . . 13 Annual Service Charge (Septic) 8 Building Plan Copies . . . 11 Building Permit Fees. . . . 5 Copy Microfiche File - PD . 13 Burning Permit Fee . . . . 10 Copy Service - Police Dept . 13 Cert. of Occupancy . . . . 5 Reprint Oversized Documents Demolition Permit Fee . . . 5 on Microfilm . . . . . 11 Docks (Residential) . . . . 5 Tape Recording Duplication . 11 Fire Protection . . . . . 10 Firearms Permit Fee . . . . 13 Connection Charges o . . . 7 Fireworks Permit Fee . . . 13 Grading, Excavating, Filling . 9 Documents Large Assembly �ermits . . . 13 Special Assessment Searches . 11 Mechanical Permit Fees . . . 5 Zoning Dept Documents. . . 11 Move/Lift Building Permit Fee . 9 Realtors Listing Info. . . 11 Municipal Hookup (Sewer/Water) 6 On-Site Systems (Septic) . . 8 False Alarm Qser Fee. . . . 13 Outhouse Construction . . . 8 Parades & Special Events . . 13 Golf Course Rates. . . . . 15 Plumbing Permit . . . . . 5 Retaining Walls . . . . . 5 Inspections Sprinkler Systems - Commercial 6 Special Inspection Charges . 10 Trapping Permit (limited) . . 13 Contractual Inspection Serv . 10 Well Permit Fee . . . . . 9 Water Meter Fees . . . . . 6 Licenses and Miscellaneous After-the-fact Fees . . . 3 Services Amusement Devices . . . . 13 Fingerprinting (Police) . . . 13 Animal Impound Fees . . . 12 Water Turn-On Charge. . . . 14 Beer , Wine & Liquor License. 12 Water Turn-Off Charge . . . 14 Commercial Marina License . 10 Cigarette License . . . . 11 Signs Dog License . . . . . . 12 Street Signs (Public Works) . 16 Dance (Public) License . . 13 Temporary & Permanent . . . 9 Gambling/Raffle License . . 11 Temp. "No Parking" (P.D. ) . . 13 Garbage Haulers License . . 11 Temp. "No Parking" (P.W. ) . . 16 Home Occupation License . . 11 Joint Use Dock License . . 11 IItility Rate Charges . . . . 14 Kennel License . . . . . 12 Septic Installers License . 11 Zoning Applications Solicitation License . . . 11 After-the-fact Fees . . . . 3 Temp Trailer/Building Lic . . 11 Amendments . . . . . . . 2 Appeals to Planning Comm . . 2 : Maps For Sale . . . . . . 11 Commercial Site Plan. . . . 1 Conditional Use Permit Fees . 1 Public Works Supplies & Services Industrial Revenue Bond Appl . 2 Driveway Culverts . . . . 16 Park Dedication Fees . . . . 4 Driveway/Curb Cut Permits . 16 Rezoning Application Fee . . 2 Rip-Rap Application Fee . . . 2 Special Improvements Appl . . 2 Subdivision Application Fee . 1 Surcharge for Staff Expense . 3 Vacation Application Fee . . 2 . Variance Application Fee . . 1 . ORDINANCE NO. 44� SECOND SERIES AN ORDINANCE ADOPTING THE 1988 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE N0. 28 , SECOND SERIES The City Council of the City of Orono ordains: Section l. Ordinance Re�ealed . Ordinance No. 28, Second Series is hereby repealed . + The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following Fees effective during the calendar year 1988 : SECTION 1. Fees. ZONING APPLICATIONS All fees are a��lication_fees and are non-refundable after staff work has begun on the application. Applicable Ap�lication_Ty�e Fee Code_Section VARIANCE $150.00 10.06, Subd 3 (D) (Flexible applications involving more than one variance will require an additional $50 .00 payment per each variance) RENEWAL VARIANCE $ 75 . 00 10. 06 , Subd 3 (D) (No change from original application) CONDITIONAL USE PERMIT (One charge per project) 10. 09 , Subd 3 Residential Accessory Use (Animals , etc. ) $100. 00 Institutional Use (School , Church , etc . ) $1501 . 00 Duplex Credit (per building) $150. 00 Commercial/Industrial Use $250 . 00 Land Alteration: $200. 00 + permit Grading , filling , etc . (over 100 cubic yards) Sea walls , retaining walls within 0-75' lakeshore PRD Application with Subdivision Subdivision Fee plus $30. 00J per dwelling unit PRD Application without Subdivision $ 35. 00 per dwelling unit (minimum $150 . RJf�) PID Applications $150. 00 per acre (minimum $350 . 00) Renewal Conditional Use Permit 1/2 Current Fee (no change from original application) After-the-Fact Fees Double Application Fee Resolution 13016 COMMERCIAL SITE PLAN $150. 00 + Consultant Fee SUBDIVISION Sketch Plan (Class I , II , & III) $150 . 00 11 . 10, Subd 7 (A) Preliminary Review $25�.04! 11.10, Subd 10(A) (B) (Class I & II Subdivisions) Preliminary Review $30A.00 +$20/lot 11.10,Subd 10 (C (Class III and all non-residential) ($360/3 lots; $380/4 lots) 1 �vNING APPLICATIONS (CONT.) Applicable A lication T e Fee Code Section -��------- ��- -- --- ---- Final Plat Review (Class III ) $150 . 00 +Special Legal/Engineering Charges 11.10, Subd 17 (A) (9} Filing Fees: a) Plat only $ 75. 00 11.10, Subd 17 (A) (li b) Plat + Easements & Covenants $150 . 00 PUBLIC PROPERTY VACATION $ 50. 00 per Section lA. 11 benefitting property ($25A.00 minimum per application) EASEMENT VACATIONS WITH SUBDIVISION $ 50. 00 Section 10. 11 APPLICATIONS EASEMENT VACATIONS NOT ASSOCIATED WITH $150 . 00 Section 10. 11 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $250. 00 Section 10. 11 REQUEST TO AMEND COMPREHENSIVE PLAN $25fd. 00 Section 10. 11 SPECIAL IMPROVEMENTS Section 11 . 12 , Subd 4 �n-refundable charges for City Engineer's review of applications and aign drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $60� . 00 plus 50�/lineal foot Proposed Public Roads $900. 0H plus S��C/lineal foot Request for City to accept existing $900 . 00 private road Proposed Sanitary Sewer Main Extension $250. 00 plus $5 . 0�0 per stub Proposed Watermain Extension $250.04J plus $5. f�� per stub Proposed Storm Sewer System $200 . 00 (excluding culverts) On-Site System - Site Evaluation Review $ 30. 00 per new lot proposed (applicable to rural subdivision for on-site applications) RIP-RAP Staff Review (normal rip-rap) No Charge , Unusual Rip-Rap: a) New installation $lA0.B0 + CUP review b) Repair existing Staff permit = $100 . 0� APPEAL TO PLANNING COMMISSION $1Ql0. 00 10. 06, Subd 3 (D) (of Administrative decision) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250 , 000. 00 Application Fee: 0.1$ of project valuation ($250 . 001 minimum) plus $5, 000. 00 deposit for legal/ • administrative expenses 2 ZONING APPLICATIONS (CONT.) Applicable A lication T e Fee Code Section -��----------��- -- --- SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Section 10 . 11 Per Fee Schedule setforth below: Professional Time $ 25. 00/hour Clerical Time $ 15.H0/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 13�6) (Applies to all application types including variances, conditional use permits , subdivision, aoning amendments , rip-rap permits , special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the � setforth in the basic fee schedule, whether or not the application is _..ereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land , and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Res . 13016 z ��NING APPLICATIONS (CONT.) PARK DEDICATION FEES Section 11 . 62 , Subd 1 Cash contributions in lieu of land for use in the acquisition, development or maintenance of public parks, playgrounds, storm water holding areas and debt retirement in connection with land previously acquired for such public purposes . Residential Development - Cash contributions dedicated shall be according to the following table: Dwelling Unit Density (The greater of proposed A B C D E density or zoned permitted Single Single Duplex Mult. Existing densit�) ___________ Existing New__ Per Bldg Per Unit Res. acres/d.u. d.u./acre 5. 0g or more . 20 or less $ 50 $100 $ 250 $15fd $0 2.00 to 4.99 . 50 to . 21 150 20� 500 300 0 l. fd0 to 1 .99 1. 00 to . 51 350 400 100P1 600 0 . 50 to . 99 2.00 to 1. 01 390 440 11Rl0 660 P1 . 33 to .49 3. 00 to 2. 01 430 48g 12P10 720 0 . 25 to . 32 4. 00 to 3. 01 470 520 1300 780 0 16 to .24 6. 00 to 4 . 01 510 560 1400 840 0 15 to less 6. 01 or more 550 600 1500 900 0 Key A Single Family Residence, Existing Vacant Lot: Fee to be paid with building permit for new residence on previously platted property or; if vacant land is subdivided , fee to be paid with subdivision for the one "existing" residential lot. B Single Family Residence, New Lot: Fee to be paid with subdivision ' for each "new" residential lot. C Duplex Residential : Fee to be paid with building permit or with subdivision, whichever occurs first, for each duplex building (duplex is defined as two attached single family residential units) . Should an existing single family residence be converted to duplex, the fee shall be one half of the schedule amount due with the building permit. D Multifamily Residential: Fee to be paid with building permit or with , subdivision, whichever occurs first, for each residential unit in a multifamily (three or more units) building. E Existing Residential: No fee is required for existing principal residential units . PARK DEDICATION FEES �mmercial or Industrial Development - Cash contributions dedicated shall ,: at the rate of $590.00 per acre of gross land area, to be paid with building permit for principal structure or at the time of subdivision, whichever occurs first. 4 �ONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit_T��e Fee Code Section BUILDING PERMIT (Ord . 216) Minimum Fee $ 30. 00 Normal Fee (per 1982 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1982 UBC/SBC Standard Schedule) Residential 65� of Building Permit Fee Building Valuation Standard (per Current I .C.B.O. Building Standards/Building Valuation Data) CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (change in use) $ 3g . 00 RETAINING WALLS ( in excess of 42" also $ 30. 00 minimum multiple tiered walls that exceed 42") (per 1982 UBC Standard Schedule) DOCKS - RESIDENTIAL $ 30. 00 DEMOLITION PERMIT (Ord . 216) Principal Use $ 30. 00 Accessory Use $ 25. 00 PLUMBING PERMIT $ 30. 00 minimum per project $ 4 . 00/fixture $ 2. 00/fixture reset Mail-in postage & handling charge $ 1. 50 MECHANICAL PERMIT Minimum Fee for any Mechanical Permit $ 3A.00 per project Mail-in postage & handling charge $ 1. 50 Residential, Sin�le Family_&_Du�lex_by Unit_T��e -furnace or+boiler with flue $ 15. 00 each unit -wood stove with flue $ 15. 0H each unit -wood combination or add-on unit $ 15.00 each unit -fireplace with flue $ 15. 00 each unit , -central air conditioning $ 15. 00 each unit -exhaust fans (bath , kitchen, attic , etc . ) $ 15. 00 per project -solar space heating equipment $ 15. 00 each system -solar water heaters $ 15. 00 each unit -repairs and replacement of the above same as above -fire sprinkler systems $ 15. 00 per project -fuel storage $ 15. 00 permanent or temporary • -gas line inspection high/low pressure $ 15. 00 5 �ONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit_T��e � Fee Code Section MECHANICAL PERMITS (continued) C ommercial , Industrial and_Multi_Famil�_Residential_b�_Unit_Ty�e - ----- ----- --- --- - -residential type equipment $ 15. 00 per unit -furnace, boilers , unit heaters , and $ 15. 00 per 30 , 000 btuh output makeup air units -central air conditioning $ 15. 00 per ton AC � -exhaust fans $ 15. 00 per project -refrigeration $ 15. 00 per compressor -fixed equipment with steam, hydraulic $ 15. 00 per 8 connections or compressed air system -kitchen exhaust vents $ 15. 00 -fuel storage $ 15. �0 permanent or temporary SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems $ 2. �0 per head/first 50 heads - . 30 per head after initial 50 Plan Review 1/2 permit fee Surcharge based on valuation -kitchen fire extinquishing system $ 30. �0 per system MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 30. 00 Water $ 3H. 00 5/8" meter $ 95. 00 3/4" meter $130.00 larger meter quote basis Mail-in postage & handling charge $ 1. 50 (sewer and water permits only) r 6 tiLL SANITARY SEWER CONNECTION CHARGES (If not previously assessed) By_District___Project 1963 ST-lA, LS-lA or ST1-B, LS1-B $225. 00 + $379 .94 per acre + 27. 63 per F.F. 1964 LS-lA or LS-1B $225. 00 + $28. 15 per F.F. 1965 LS-1 $225. 00 + $41 . 45 per F.F. 1965 LS-lA $225. 00 + $30. 26 per F.F. 1967 LS-1 $18� . 78 per unit + $18 . 05 per F.F. 1969 LS-1 Shore Hills $225. �0 + $8,956. 40 per unit 1969 LS-2 Chevy Chase $6 ,416 . 48 per unit 1970 LS-1 Saga Hill $225. 00 + $3,431. 54 per unit + 21 . 08 per F.F. 1971 LS-1 Dunwoody $225. 00 + $3,125. 47 per unit + 19 . 20 per F.F. 1973-1 $6,060. 25 per unit + $28 . 74 per F.F. 1980-1 Minnetonka Bluffs $7, 745. 20 per unit West Ferndale/County Road 15 $22 , 639 . 10 per unit Orono Lane $14, 5A3. 18 per unit County Road 15 Marinas $6 , 037 . 79 per unit 1980-2 North Shore Drive/Scotch Pine Lane $21, 346. 70 per unit �81-1 North Shore Drive/Highwood $9 , 264 . 40 per unit 82-1A Navarre Utilities $1,974. 04 per unit + $810. 16 trunk area 1982-1B Navarre Utilities Northern Avenue $225. 00 + $2,132. 00 per acre + 159.901 trunk unit 1985-1 Crystal Bay $9,364 . 29 per unit 1983-1 Highway 12 Orono-Long Lake-Medina $879 . 45 per unit An additional fee is charged for properties benefitting from 1984 forcemain and lift station �7 upgrade, as follows (see map for affected areas) : Initital #6 #7 Charge B�_Pass Forcemain 1. Existing Properties/Increase Previously Previously $357. 11� Paid Paid 2. New Bldgs Replacing Previously Previously If usage Existing Bldgs Paid Paid increases from existing , $357 . 11 3. New Residential W/Existing Previously Previously $1,034. 02 Paid Paid 4. New Residential Without Stub $225. g0 $159. 90 $1, 034. Pl2 _ . Freshwater Biological $225. �A $159 . 90 $500/unit on connection (already • assessed $2, 000/ac) 7 �LL SANITARY SEWER CONNECTION CHARGES (CONT.) The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that affected project area. Such connections are subject to City Council approval. ALL MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed) B� District__ Project 1967 LW-1 Highway 12/Crystal Bay Road $3 , 164 . 64 per unit + $23 . 47 per F.F. 1969 LW-2 Chevy Chase $3,136. 20 per unit 1970 LW-1 Navarre Residential $1, 567 . 16 per unit + $15. 67 per F.F. 19701 LW-1 Navarre Commerical $2,350. 74 per unit + $23. 51 per F.F. 1982-1A Navarro $1, 669. 90 per unit ON-SITE SYSTEMS (Ord . 210) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 30. 00/per new lot Residential System Permit: Replace drainfield or replace 1/more tank $ 30. 04J Replace drainfield & replace 1/more tank $ 5A. 00 New Residential System $ 75.08 + $15. 00 per each inspection over 3 Non-Residential System Permit: New or Total replacement $100 . 00 + $20. 010 per each inspection over 4 Partial replacement $ 6Ql. 410 + $20. 00 per each inspection over 2 Outhouse Construction (New or replacement- Permit Fee & Plan Review Based Big Island Only) on Valuation of Project (per UBC 1985 Standard Schedule) Annual Service Charge $ 20.04!/.system/year plus An additional full fee for late penalty plus 8 � interest for unpaid charges certified Section 12 . 30 , Subd 8 (C), 8 CONSTRDCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit_T��e Fee Code_Section WELL PERMITS (Ord . 221) -Installation of New/Replacement Well $ 30. 00 (covers abandonment of old well) -Well Abandonment (not concurrent with $ 30. 00 installation of new/replacement well) GRADING, EXCAVATION, FILLING - 1-100 cubic yards (max . 10 loads) $ 5�. 00 (staff permit) (+engineering fee if necessary) - 101-999 cubic yards $ 50. 00 + Conditional Use Permit + $25. 00 per each inspection over lst - 1, 0�0+ cubic yards $100. H0 + Conditional Use Permit + $25. 00 per each inspection over lst NOTE: lAl cubic yards or more requires a Conditional Use Permit unless approved as part of building permit . SIGNS Temporary $ 30 . �10 '�ermanent (Per 1985 UBC/SBC Standard Schedule) BUILDING MOVING OR LIFTING (Ord . 227) Fees for this activity are in_addition to_re�uired_buildin�_or__demolition �ermits. Fees and any necessary surcharges are required to pay costs of building code inspections , public works inspections of streets and teasonable police escort service on oversize movements . -Lifting accessory buildings $ 3�. 0A (no move across lot lines) -Lifting principal buildings $ 75. 00 (no move across lot lines) ( include pre-lift inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max . 8' wide/max . 13 ' -6" high/max . 45 ' long) -Moving accessory building over any lot $10P1. 0P1 line, onto or off any lot within Orono ( includes oversize loads up to 12' wide and/or 15 ' high) . � -Moving principal buildings over any lot $15PJ . 00 line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or term- inating in Orono (includs all over- size loads exceeding 12' wide and/or 15 ' high) . -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50. 00 within Orono b) Building outside Orono to be moved $150 . P10 : into Orono (max. radius 25 miles) 9 �STRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit_T��e Fee Code_Section SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30. 00 (when called by owner) Inspection surcharge for work or $ 30. 00 per trip + application on Big Island or boat rental Deering Island Reinspection fee after failure to comply $ 30. 00 per trip + 30. 00 per with Building or Zoning Code Correction hour after lst hour Notice - 3rd trip Inspections outside business hours $ 30. 00 per hour (min. 2 hours , min. $50.00) FIRE PROTECTION (Ord . 223) Fire Prevention Inspection No Charge Fire Code Permits $ 30. 00 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65� of permit fee �NING PERMITS Up to 5 times per year No Charge For Each Reinspection $20. 00 More than 5 times per year $100 . 00 ( for all organizations and individuals regardless of tax status) CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25. 00 per month Inspection Charge (qtr hr increments) $ 2H.0H per hour (min. $10 lst inspection of each day) Plan Review Charge SBC/UBC Schedule Clerical Fee (as specified in contract) $ 10 . 4J0 LICENSES & MISCELLANEOUS CHARGES , Zoning_De�artment Administered COMMERCIAL MARINA LICENSE Application Fee (initial) $3A4l .00 + slip & boat fees Renewal Application & Inspection Fee $2001. 0g + slip & boat fees (annual) plus : -each slip on water $ 2. 00 -each dry slip inside or in racks $ 2. 00 -each boat unit on land $ 1. 00 -late fee $150. �0 19 L�CENSES AND MISCELLANEOUS CHARGES (CONT.) Applicable A��lication Ty�e Fee C ode Section JOINT USE DOCK LICENSE Application Fee ( initial) $ 50 . 00 Renewal Application Fee $ 20. 00 Plus each slip $ 2. 00 Late Fee $ 25.00 SEPTIC INSTALLERS LICENSE - Annual $ 25. �0 GARBAGE HAULER LICENSE - flat rate $ 3�. 00 - per hauler $ 15. 00/truck - transfer fee $ 30. 00 HOME OCCUPATION LICENSE $ 20. 00 5. 40 PUBLIC DUMP LICENSE None Permitted TEMPORARY TRAILERS & BUILDINGS LICENSE $ 30 . 0A Zoning_De�artment Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980) $ 30 . 00 Municipal Code Book $ 75. 00 with Binder (2 vol . ) $ 50 . 00 without Binder " $ 50. 00 with Binder (1 vol. ) Individual Chapters of Municipal Code Chapter 1-9 , 12 $ . 25 per page Chapter lg $ 25.00 Chapter 11 $ 15. 00 On-Site Design Manual $ 5. 00 City Maps $ 2. 00 each Building & Planning Publications As Posted - Prices subject to change General Administrative Licenses �Cigarette Sales License - per quarter $ 5. 00 5. 24 Gambling & Raffle License $ 10. 00 5. 23 Solicitation License $ 20. 00 5. 3P! Up to 10 Solicitors - $1. 00 each additional solicitor in Orono General Administrative Documents , Listing Information~ V� $ 5. 00 Assessment Search $ 1P1. 00/parcel Copy Service (for public City records only) -first copy $ 1. 0fd -additional copies $ .25 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Documents that $ 2. 50 each/ have been microfilmed Minimum Charge $10 . 00 Building Plan Copies and/or Cost of Copying , Messenger Tape Recording Duplication Service & Min. Clerical Fee of $ 5.00 (entire amount to � be paid upon request) 11 LICENSES AND MISCELLANEOUS CAARGES (CONT.) � Applicable A��lication_T�ge Fee Code_Section Dogs_&_Kennels DOG LICENSES 9 • 12 Biannual License ( issued in odd years) $ 15. 00 Annual License ( issued in even years only) $ 7. SH KENNEL LICENSES 5. 36 Commercial Application & Inspection Fee $15�l. �JO (Annual) Residential Application & Inspection Fee $ 25. 00 (Annual) NOTE: Dogs kept in residential kennels must be individually licensed . Residential kennel fee is in addition to dog license fees . DOGS AT LARGE - RELEASE FEE 9 • 12 First Offense S 20•00 Second Offense $ 3�• �� Third Offense $ 4�• �� (All fees , plus kennel charge, payable to kennel) ANIMALS AT LARGE (Other than dogs) 9.13 First Offense S 2g• �� Second Offense $ 35. 00 Third Offense S 50 • 0� Trace & Catch Animal $ 20. 00/hour Trailer Charge $ 20 . 00 plus .25 mile (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost Police_Department_Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor$500. 00 per License Collected at Application In state investigation Actual cost up to $10,000 Out state investigation-actual cost Initial Investigation-Beer/Wine $150.410/person Res . 1306 . Off-Sale Liquor License $150 . 00 4 . 30 Bond Requirement $5.���1• 41�1 On-Sale Liquor License $4 , 000 . 00 4 . 30 On-Sale Wine License $750. 00 4 . 4�! 3. 2 Beer Off-Sale (Annual) $ 25. 0PJ 4. 20 3. 2 Beer On-Sale (Annual) $ 75. 00 4. 20 Setups (Annual) $100 . 00 4 . 6H Club Liquor License (weekday) $100. 00! 4. 50 (Sunday) $200. 00 4. 50 Temporary Set-up Permit (one day) $ 25.00/each 4. 61 Temporary Beer Permit (one day) $ 15. �0/each 4. 21 , � _�CENSES AND MISCELLANEOUS CHARGES (CONT.) Applicable A lication T e Fee Code Section —��----------��_ --- --- ------ Police De artment Administered --------�---------------�� AMUSEMENT DEVICE LICENSES 5• 20 Per Establishment (Annual) $100. 00 plus machine fee Per Machine Fee $ 25. 0PJ each PUBLIC DANCE LICENSE (Annual) $1f�0. 00J 5. 21 (Individual Permit) $ 10 . 0P! 5. 21 LARGE ASSEMBLY PERMIT $ 50. P10 5. 25 FIREWORKS PERMIT $ 10. 0P1 9. 10 FIREARMS DISCHARGE PERMIT OCCASIONAL $ 10. 00 9.10 (limited use) Annual (Club Only) $ 25. 00 LIMITED TRAPPING PERMIT $ 10. 00 9. 11 Ord. 232 Ord . 243 ;RMIT FOR PARADES & SPECIAL EVENTS $ 25. 00 6. 08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50 . 0� each call (4-10 total) Next 5 false alarms/calendar year $100. 00 each call (11-15 total) Each additional false alarm over 15/ $150 . 00 each call calendar year FINGERPRINTING SERVICE $ 10. 0P1/application (Citizenship No Charge) COPY SERVICE First Two Copies $ 3. 00 , Additional Copies $ 0. 25 each COPY OF ACCIDENT REPORTS $ 3. 00 each COPY FROM MICROFICHE FILE First Two Copies $ 5. f60 Additional Copies $ . 25 each .d0 PARKING ORDER OF POLICE" PAPER SIGNS $ 0. 25 each (no lathe included) 13 rUBLIC WORRS DEPARTMENT MISCELLANEOUS CAARGES Utilit�Service Rates - Effective beginning Third Quarter 1986 MUNICIPAL SEWER RATE by unit: $ 51 . 15 per quarter by flow: $ 2. 90 per quarter per $1. 90/1000 gallons Area #1 Area �2 Area �3 MUNICIPAL WATER RATES Navarre Long Lake Wa�zata Billing & Ready to Serve Chg $12. 80/qtr $6. 70/qtr $5.35/qtr Water Usage Rate $ 1.17/1000 gal $2.50/1000 gal $1.40/100H gal Unconnected Property Chg $12. 80/qtr -0- -0- (ready to serve/hydrant chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $12.80/qtr billing charge plus $1.17/1000 gallon total flow at border meter . Penalty for late payment of sewer/water bills - 15� after 45 days from billing date. Interest at 8� on unpaid water/sewer bills certified. Water Turn-On $15. 00 Water Turn-Off $15. 00 Water System Repair/Replacement if damage caused by property owner : Labor - Current Hourly Rate Parts - At Cost 14 . • � • '� • YUBLIC WORRS DEPARTMENT MISCELLANEOUS CAARGES (CONT.) GOLF COURSE CHARGES - Effective date 1988 Season Fee I Monday thru Friday (excluding Holidays) a ' Begin Play Before 12: 00 Noon lst Nine Holes $ 5. 00 2nd Nine Holes $ 3. 00 After 12 Noon and Weekend Rates lst Nine Holes $ 5. 50 2nd Nine Holes $ 3. 00 League Rates Monday thru Friday $ 5. 00 Senior Citizen (Over 60 years old) Begin Play Before 12: 00 Noon - Weekdays lst Nine Holes $ 3. 50 2nd Nine Holes $ 3. 00 Weekends - lst Nine Holes $ 5. 25 2nd Nine Holes $ 3 . 00 �eason Ticket (Senior Citizens Only) $90 . 00 Golf Cart Rental Motorized lst Nine Holes $ 7. 04! • 2nd Nine Holes $ 6. 50 Pull Carts - Per Round $ . 75 Golf Clubs - Per Round $ 2. 00 Concessions As Posted t5 � v � . . . �s . rUBLIC WORRS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) PIIBLIC WORKS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75. 00/std . sign (sale includes installation) Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lathe) $ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street I'ntersections (See zoning section - special improvement fees) SECTION 2. This ordinance establishing the 1988 fee schedule shall be published in the Laker and Pioneer Newspaper and shall be e£fective January 4, 1988. Adopted by the City Council of the City of Orono on this 14th day of December, 1987. � ATTEST: ----------------------------------- --- ----- —� — --- ---- ---- Dorothy M. Hallin, City Clerk ames R. Grabe , ayor Page 15 of 15 � 16 ORDINANCB NO. 45 , SECOND SERIES AN ORDINANCE AlrlENDING SLCTION 12 OF ORDINANCE NO. 12 ADOPTED APRIL 11, 1984 AND ENTITLED 'AN ORDINANCE ADDING S$CTION 12.09 CLRAZI FILL" The City Council of the City of Orono ordains: Section 12.09 Clean Fill: Subdivision 1. Clean fill shall be all native soils as described in the Unified Soils Classification System. Organic, ' manmade and reprocessed materials, topsoil, and rocks larger than 0.25 cubic yards (2.9' dim. ) shall not be considered clean fill. Subdivision 2. Land alterations involving filling and grading activites, whether requiring permits or not, shall be performed with clean fill only, as described in Subdivision 1. This ordinance becomes effective upon publication. Passed by the Council the 14th day of December, 1987. �V Jam s R. Grabe , Mayor ATT T: �,�^_• . Ir� thy M. lin, City Clerk Published i the Laker and Pioneer Newspapers on the 2gth day of December, 1987. ORDINANCE NOMBER 46 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE CHAPTER 4 , SECTION 4.�2, i SUBDIVISION 8, ADOPTED MARCH 17, 1987, AND ENTITLED 'AN ORDINANCE RELATING TO INTOXICATING AND NON-INTORICATING LIQIIOR LICENSING AND REGQLATION The City Council of the City of Orono ordains: Ordinance Chapter 4, Section 4.02 Subdivision 8 adopted March 17 , 1987 , and entitled "An Ordinance relating to Intoxicating and Non-Intoxicationg Liquor Licensing and Regulation° is amended to read: Subd. 8. Persons Disqualified. In addition to any other provision of law, no person shall qualify for a license under this Chapter who has been convicted within five years of the license application of violating any law relating to the manufacture , sale or distribution of non- intoxicating malt liquor, liquor or wine, or whose license therefor has been revoked within such period of time or convicted of gambling within five years of the license application. Nor shall any person qual ify who has not attained the State establ ished legal drinking age. This ordinance becomes effective upon adoption and publication on January 18, 1988. Passed by the Council this llth day of January, 1988 . --- - --- -- ------- ------- Jam s R. Grabek, ayor ATTES : — \�' - - - ---- othy M allin, City Clerk Publ ished in the Laker and Pioneer newspaper on the 18th day of January, 1988. .�. J i ORDINANCE NO. 4� , SBCOND SffitIES An Ordinance of the City of Orono, Minnesota, amending Orono City Code Chapter 10 entitled 'Land Dse Regulations (Zoning)" by adding a definition for clean fill and by amending other sections of Chapter 10 that govern land alterations by adding further clarification lanquage on the nse of fill. The City of Orono Ordains: The Municipal Code of the City of Orono is amended by adding Ordinance No. 47 , Second Series: SECTION 1. Orono City Code Section 10.02 is hereby amended by adding the following definition: � Clean Fill. Clean fill shall consist of all native soils as described in the Unified Soils Classification System. Organic, man-made and reprocessed materials, topsoil and rocks larger than 0.25 cubic yards (2.9' diameter) sha 11 not be considered c lean fill. SECTION 2. Orono City Code Section 10.03, Subdivision 19 is hereby repealed and the following language substituted in its place: Section 10.03, Subdivision 19. Prohibition. It is unlawful for any person to remove, fill , or use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar material within the limits of the City; to fill or reclaim any land by depositing such material or by grading of existing land so as to elevate or alter the existing natural grade; or to build, alter, or repair any seawall, retaining wall, or to otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council . All of the above referenced land a lterations invo 1 ving f i 11 ing and grading sha 11 be performed with only "clean fill" as defined in Section 10.02. Granting of such permits is subject to other regulations and prohibitions of the City Code, and other applicable statutues or ordinances of other governmental bodies. SECTION 3. Orono City Code Section 10.31, Subdivision 5 (B) is hereby repealed and the following language substituted in its place: B. Land Alterations. Grading or physical alteration of any platted public right-of-way for any purpose including inland property access is prohibited except when such work has been specifically authorized as part of a permit issued by the Council. The permit application shall consist of a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from City staff, land alterations involving fillin and grading shall be performed with only "clean fill" as defined in Section 10.02, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. .'' `! SECTION 4. Orono City Code Section 10.55, Subdivision 11 (B) is hereby amended by adding the following landguage: 4. All filling and grading activities shall be performed with only "clean fill" as defined in Section 10.02. This ordinance becomes effective upon publication. Passed by the City Council this 22nd day of February, 1988. Jame R. Grabek, Mayor ATTE . o thy M. llin, City Clerk Publish in the Laker/Pioneer newspaper the week of February 29, 1988. 4688. 2 ORDINANCE NUMBER 49 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE N[JMBBR 44, SECOND SERIES, ADOPTED DECEMBER 14, 1987 ENTITLSD '1988 FEE SCHEDIILE" The City Council of the City of Orono ordains; Ordinance No. 44, Second Series ad opted December 14, 1987, and entitled "An Ordinance Adopting the 1988 Fee Schedule" is hereby amended to read : SECTION 1. FEES PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES ---------------------------------------- Utility Service Rates - Effective 5econd Quarter 1988 Area #2 MUNICIPAL WATER RATES Lon�Lake Billing & Ready to Serve Ch�rge $6 .70/Qtr Water Usage Rate $2. 75/1000 gal . This ordinance shall be published in the Laker and Pioneer Newspaper and shall be effective April 18, 1988. Adopted by the City Council of the City of Orono on this llth day of April, 1988. - --- ---- �---y---------------- Jam s R. Grabek Ma or ATTES : (� � orothy M. llin, City Clerk� ^ Publish in the Lake and Pioneer newspaper the week of April 18, 1988. 33188. 3 ORDINANCE NUMBER ��, SECOND SERIES AN ORDINANCE AMENDING ORDIAANCE NO. 9.18, SDBDIVISION 3 ADOPTED APRIL 1 , 1984, AND ENTITLED 'AN ORDINANCE RELATING TO DANGEROUS WEAPONS AND ARTICLES' The City Council of Orono ordains: Ordinance No. 9.10, Subdivision 3 adopted April 1, 1984, and entitled "An Ordinance Relating to Dangerous Weapons and Articles" is amended to read: Subd. 3. Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge, any form or type of explosive or explosive device, any cannon, gun, pistol , or other firearm, firecracker , sky rocket or other fireworks, bow and arrow, air gun, air rifle, or other similar device commonly referred to as a B-B gun. This ordinance becomes effective from and after its passage and publication on -------��-3.�-�$-,--3-9$�$------------' Passed by the Council this llth day of April , 1988 . � c --- -------- — ------------------ Jam s R. Grabe , Mayor ATTES : . i o thy M. lin, City Clerk Publ ish the week of __ A�ril 18, 1988 in the Laker and Pioneer newspaper . --------------- , ' �� . -�►' ' ORDINANCE NO. 50 r SECOND SERIES AN ORDINANCE AMENDING SUBDIVISIONS 1, 2 (H) , 2 (I) , 3, 3 (B) , 3 (F) , 3 (G) , 4 and 5 (B) , OF SECTION 5.30 ADOPTED APRIL 1, 1984 , AND ENTITLED "SOLICITORS" The City Council of the City of Orono ordains: Ordinance No. 5.30 Subdivisions l , 2 (H) , 2 (I) , 3, 3 (B) , 3 (F) , 3 (G) , 4 and 5 (B) adopted Apr i 1 1 , 1984 and entitled "Sol icitors" is amended to read: Section 5. 30. SOLICITOR AND TRANSIENT MERCHANTS Subd. 1. Purpose. This Section is not intended to in any way hinder , delay or interfere with legitimate business or organizational activities. The Council finds, however , that solicitors have used public streets and their direct contact with residents of the City for the illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or unlawful activities. This Section is intended to ferret out and control: (1) businesses and organizations using solicitation as a means of concealing unlawful activities; and, (2) businesses and organizations which, though its activities be lawful or even commendable, use such illegitimate practices in solicitation; and , (3) individual natural persons who, though they represent lawful business and organizations, use such illegitimate solicitation practices; and , (4) businesses and transient merchants , though legitimate, which cause, or are likely to cause , a traffic hazard or other inconvenience or danger to persons or property. The Council further finds that a large number of the residents of the City are employed as their livelihooc7 and means of support by manufacturing plants and other businesses on shifts rotating between night and day, and to disturb them during their sleeping hours for the purpose of solicitation is a source of nuisance or even harassment and should be subject to control. Subdivision 2. Definitions . H. "Transient Merchant Activities" means engaging in any temporary, intermittent, or transient sales or exchanges of any goods, wares, or services by setting up any outdoor stand or structure, or by using any truck, automobile, or any other vehicle, at any point or place in the City. I. "Transient Merchant" means any person engaging in transient merchant activities . Subdivision 3. Prohibited Solicitation and Transient � Merchant Practices. B. It is unlawful for any solicitor or transi-ent merchant to practice harassment, nuisance, theft, deceit , or - r � - � �� � . ,r �,4 ' menacing , troublesome or otherwise unlawful activities during the course of solicitation or transient merchant activities . F. It is unlawful for any person to engage in business solicitation or transient merchant activities without a lincense as herein provided . G. Transient merchant activities can only be conducted on commercially zoned properties . Subdivison 4. Application. Applications for solicitor and transient merchant licensing or registration shall contain the name and address of the solicitor or transient merchant and such other information as may reasonably be required by the Council as a condition to registration or licensing or to permit investigation into the applicant' s background and past solicitation practices or transient merchant activities . Application for solicitor licensing shall also contain the name and address of the business or organization for which solicitations are sought . Subdivision 5. Investigation, Approval or Disapproval . B. If he finds no past history of the applicant indicating violations similar to those declared unlawful in this Section, and if he finds that to grant the application is not likely to result in a hazard or danger to persons or property , he shall recommend issuing a license or approving registration, as the case may be , and the City Clerk shall forthwith advise the applicant. The City Clerk shall issue a license, upon payment of the fee therefore , to the approved applicant for business solicitation or transient merchant activities, and shall approve the completion of registration by the applicant for a conribution solicitor . Passed by the Council this 25th day of April , 1988 . � � ----- --- — ------------- Jam s R. Grab or ATTE T: � t � thy�M. llin, City�Clerk � Published in the Laker and Pioneer newspaper the week of May 2, 1988 2 ORDINANCE NO. 51, SECOND SERIES AN ORDINANCE AMENDING ORDIPANCE NO. 9.2A (8) DISORDERLY CONDOCT AND ORDINANCE NO. 9.21 POBLIC NUISANCE ADOPTED APRIL 1, 1988 The City Council of Orono ordains: Ordinance No. 9.20 (8) Disorderly Conduct and Ordinance No. 9.21 Public Nuisance adopted April 1, 1984 is amended to read: Sec . 9. 20 Disorderly Conduct. (8) Using or operating or permitting the use or operation of any radio receiving set, musical instrument, phonograph , paging system, machine or other device for the production or reproduction of sounds in a distinct and loudly audible manner so as to distrub the peace, quiet , and comfort of any person nearby without prior written permission fro�n the City. Sec . 9. 21 Public Nuisance. Sub. 1. Participation in Noisy Parties or Gatherings . A. No person shall congregate because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of such nature to disturb the peace, quiet , or repose of other persons. B. A police officer may order all persons present at such party or gathering other than the owners, residents or tenants of the building or place to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this ordinance. C. Any owner, tenant or resident of the building or place who has knowledge of the distrubance and fails to immediately abate said distrubance shall be quilty of a violation of this Division. D. Any person violating or failing to comply with any provision of this ordinance shall upon conviction thereof, be guilty of a misdemeanor. E. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the Council this 9th day of May, 1988 . Jam s R. Gra , ayor � � ATT ST: . � rothy � Hallin, City Clerk ! � 52088. 3 � ORDINANCE NUMBER 52 , SECOND SERIES AN ORDINANCE AMENDZNG ORDINANCE N0. 9.13, SUBD. 14 ADOPTED APRIL l , 1984 , AND ENTITLED "FEEDING OF WATERFOWL" . The City Council of Orono ordains: Ordinance No. 9.13 , Subd. 14 adopted April l, 1984 , and entitled "Feeding of Waterfowl" is amended to read: Subd . 14 . Feeding of Wild Waterfowl. A. � Statement of Purpose. It has been determined that the presence of large numbers of wild waterfowl on and around ponds and lakes in the City of Orono causes a public health nuisance in ancl around said ponds and lakes , including the surrounding beaches and properties, which is inimical to the health and general welfare of the public. The purpose of this Article is to prevent such conduct that may attract such wild waterfowl to properties in the City. B. Feeding of Wild Waterfowl Prohibited. No person shal l feed , cause to be fec3, or prov ide food for wi ld water fowl in the City of Orono, on lands either publicly or privately owned. C. Exceptions. This section does not prohibit the temporary care or feeding of a wounded bird on one's own premises . This ordinance becomes effective from and after its passage and publication on ,Tune 13, 1988 . --------------------------- Passed by the Council this 23rd day of May, 1988 . - _--- -- -� -----' ------- �.� � � Jame R. Grabe , or ATT S'�: . 0 othy M � allin,� City Clerk + � �. � ORDINANCE NO. 53 , SECOND SERIES A WATER USE CONTROL ORDINANCE REGULATING THE USE OF WATER DURING PERIODS OF WATER SHORTAGE The City Council of the City of Orono ordains as follows: Section ' 3.10 is amended by adding the following lanquaae Section 1. Purpose. In order to avoid a water shortage due to inadequate capacity in � water systems, to ensure an adequate water supply for fire protection, to protect the environment of Lake Minnetonka, to ensure the protection of subterranean aquifers, to maintain the � quality of domestic water supplies, and to protect the general health, safety and welfare of the residents, the following � reguiations on non-essential water uses shall apply during periods of water shortages. Section 2. Implementation of Restrictions. Whenever the City Council shall determine that a shortage of water threatens the City, it may enact by resolution the restrictions for non-essential water use set forth in this ordinance. The resolution shall become effective 24 hours after passage and publication. The resolution shall contain the following information: � (1) uses of water that will be restricted; (2) types of water supply which will be restricted, such as the public water system, private wells, lake or other surface water system; (3) times during which the restriction will apply; (4) whether the use restrictions will apply to all property in the City or will vary depending upon � location or identification of property; (5) when the restrictions will be implemented and when they will terminate; and (6) whether the restrictions will be voluntary or involuntary. Section 3. Notice. Whenever the City Council enacts the restrictions in this ordinance, it shall take such action as is reasonably practicable to notify the general public of the restrictions. The notice shall be posted on t'he City's bulletin board and shall be published in the local newspaper. The notice shall include the information described in Section 2 (1-6) . 1 � Section 4. Tvpes of Water Supply. The restrictions in this ordinance shall, at the discretion of the City Council, apply to the public water system, private wells, lake or other surface water systems, or any combination thereof. Section 5. Restrictions . � During a water shortage the City Council may order one or any combination of the following restrictions: (1) a complete or partial ban on water use for watering lawns, trees and shrubs, irrigation, car washing, filling swimming pools, air conditioning, other uses determined by the City to be non-essential, or any combination thereof. \ (2) an odd/even watering ban in which residents of addresses ending in an even digit may water on even-numbered calendar days and residents of addresses ending in an odd digit may water on odd-numbered calendar days; (3) a limitation of water use for specified hours of the day; (4) a voluntary or involuntary restriction; (5) a use restriction applicable to all or part of the City or based on land use or property identification; and (6) any other appropriate restriction. Newly seeded or sodded lawns shall be exempt from these provisions for a period of 30 days after installation, although no new seeding or sodding may begin after any applicable water use restriction is instituted. The Council delegates to the City Administrator or his designee the authority to declare an odd/even or total sprinkling ban or a complete water use ban of municipal users of any public system in Orono when in the opinion of the Administrator or his designee that municipal water supplies have reached the point that it could endanger the supply for domestic sanitation and/or fire protection purposes . This would require ratification by resolution at the Council ' s next regularly scheduled Council meeting. Section 6. Termination. Any water use restrictions imposed by the Council during a water shortage shall terminate by resolution of the City Council. -2- • J' , i Section 7. Effective Date. This ordinance shall be in full force and effect upon its passage and publication. , ADOPTED this 25th day of Julv , 1988 by a vote of 4 Ayes and p Nays. " ., ` Mayo �X�����'�'�g� �� � City Clerk ; . 5087j , � ., � ; � � ; ; F -3- SUMMARY ORDINANCE � Second Series - A SUMMARY OF ORDINA�ICE N0. 54/ AMENDING SECTIOIQS 6.01, 6.05 AND 6.06 OF THE CITY OF ORONO MM�TICIPAL CODE RELATIIdC3 TO IMPROVEMENTS . ON PUBLIC ADiD PRIVATE ROADS AND RIGHTS �F WAY. The Council of the City of Orono ordains: , A summary text of the above citecl ordinance is approvecl in the following form: , This ordinance affecting public and private roads requires permite from the City's Public Works Director for improvement or construction of roadway surfacing, , sidewalk, curb and gutter, driveway, 8riveway : approaches, driveway turnarounds and curb cuts. � ; , This ordinance shall be available in full printed text for inspection by any interested party during regular office hours at the office of the Orono City Clerk. This ordinance ahall be effective August 1, 1988 me . Grabe , � ATTE T: � � � ot y . a in, ity er , , ORDINANCE NO. 54, Second Series AN ORDINANCE AMENDING SECTION 6.01, 6.05 and 6.06 OF THE CITY OF ORONO MUNICIPAL CODE RELATING TO IMPROVEMENTS ON PUBLIC AND PRIVATE ROADS AND RIGHTS OF WAY THE CITY OF ORONO DOES ORDAIN: � Section 6.01, Subdivisions 1, 2, 3 and 4 of the City of Orono Municipal Code are hereby deleted. A new section 6.01 is added to read as follows: Section 6.01 DEFINITIONS. Subd. 1. Except as otherwise defined in the City Code, or where the context clearly indicates a contrary intent, the words and terms defined in Minnesota Statutes, Chapter 169 shall be applicable to the City Code, Chapters 6, 7 and 8. The following words and terms, when used in this Ordinance, shall have the following meanings, unless the context indicates otherwise: A. "Corner" means the point of intersection of the extension of lines of two public or private curb faces. B. "Curb Cut" means the opening along a street curb line or pavement edge for the purpose of motor vehicle ingress and egress from a roadway. Curb cut width shall include the width of the driveway approach and of the curb returns, if any. C. "Curb Return" means that portion of a curb next to a driveway approach which includes the radius or curvature or the ramp-type lug on commercial or industrial type pavements and which connects the driveway approach to the public or private road curb. D. "Driveway" means a paved or otherwise delineated area on private property for the operation of automobiles and other vehicles. � E. "Driveway Approach" means a paved or otherwise delineated area, on the ri ght-of-way between the roadway of a public or private road and private property, intended to provide ingress and egress for vehicles from a private or public road to private property. A driveway approach must provide access to a parking area, a driveway, a door intended and used for the entrance of vehicles, or other similar structure or facility. Driveway approaches shall be of two classes : a) resident driveway approaches ; and b) business driveway approaches. , Y � � F. "Business Driveway Approach" means a driveway approach from any public right-of-way providing motor vehicles with ingress and egress from the public or private road to any property other than a single family dwelling . G. "Resident Driveway Approach" means a driveway approach from any public or private right-oL-way providing ingress and egress for motor vehicles from the public or private road to a single family residential dwelling . H. "Driveway Turnaround" means a paved or otherwise clearly delineated area which is part of or connected to a driveway or driveway approach, on private property, sufficient in size for an automobile or other vehicle to turn 180 degrees without leaving the paved or delineated area . I . "Frontage" means the lot line abutting a public or private street . J. "Parcel of Land" means a lot or contig;�ous lots or a tract officially registered under one ocanership . K. "Private Roac?" mear,s any street or roa�.iway which has not been dedicated to public use, or whicn is not � mai.ntainea by public funds , but which is opeci to travel pursuant to an easer: �nt betwee:n persons or between a person or persons and the City. � L. "Public Roa•3" means the entire area dedicated to public use, or contained in a plat, an easement or other conveyance, grant or by adverse possession, to the City or other governmental body, and shall include, but not be limited to, roadcaays , boulevards , sidewalks, alleys , and other public property between lateral property lines in which a roadway lies . Where traveled publi� roadways exist in a location not shown on the platting map, the right-of-way shall not be less than ten (10) feet wide on each side of the actual paved or traveled road�ay surface. -2- � Section 6.05, Subdivision 1(A) and Subdivision 1(B) and Section 6.05, Subdivisions 2, 3 and 4 of the City of Orono Municipal Code is amended to read as follows : SEC. 6.05. CONSTRUCTION AND RECONSTRUCTION OF PUBLIC ROADWAY, SURFACING, SIDEWALK, CURB AND GUTTER, DRIVEWAY OR CURB CUTS. Subd. 1. Methods of Procedure. Abutting or affected property owners wishing to contract for, construct or reconstruct public roadway surfacing, sidewalk, curb and gutter, driveway, driveway approaches, driveway turnarounds, or curb cuts must first obtain a permit from the City in accordance with this Section. Also, with or without petition by the methods set forth in the Local Improvement Code of Minnesota Statutes, presently beginning with Section 429.011, as the same may from time to time be amended. Subd. 2 . Requirament and Application for Permit. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cuts, roadway surfacing or any other private improvement in any public road or other public property in the City without a permit in writing from the City. Application for such permit shall be made on forms approved and provided by the City and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work, and the length of time required to complete the same, provided that no permit shall be required for any such improvement ordered installed by the Council. Such application shall also contain inform3tion showing the type of construction, the width and the location of an improvement on the parcel of land and the lot and block number or the parcel number and the street and house number and a profile of the �roposed improvement, if necessary, and other such information as may be requir�d by the Public Works Director. The application shall be filed by the property owners desiring to construct such a driveway approach, driveway turnaround, sidewalk, curb and gutter, driveway, curb cut, roadway surfacing or private improvements in any public road or any property in the City, or by his or her duly authorized agent. All such applications shall contain an agreement by the applicant to be bound by this Chapter. A permit from the City shall not rel.ieve the holder from damages to the person or property of another caused by such work. T'hese regulations shall apply to all City, State and County roads . Subd. 3 . Issuance of Permit. Such permit shall be issued by the . Public Works Director, if he or she has determined that the applicant has complied with the terms of this ordinance, the permit fee hereinafter specified has been paid and the Public Works Director has approved the driveway, driveway approach, driveway turnaround, sidewalk, curb and gutter, curb cuts, roadway surfacing or private improvement in any public road or other public property in the City as requested or with stipulated changes. The Public Works Director shall have the authority to -3- refuse to issue a permit when, in the judgment of the Public Works Director, the requested construction would impose an unreasonable hazard to the public. Such decision may be appealed in writing by the applicant to the City Council . The City Council shall have the power to affirm, reverse or modify the decision of the Public Works Director. Subd. 4 . Permit Fees . The fees for permits for the construction of improvements as outlined above, shall be as set forth in the City' s Fee Schedule which may be amended from time to time. Subd. 5 . Revocation of Permit . A. All permits granted for the use of public property under thz terms of this Ordinance shall be revocable by the Public Works Director pursuant to the procedure set out below in Section 6 . 05 , Subd. 6, "Authority of Public works Director . " B . In addition to the provisions of Section 6 . 05 , Subd. 6 , a permit may be revoked by the City Council and City shall have the right to revise, relocate or close any side:•:alk, curb and gutter, drive:�ay, driveway approach, driveway tur�.around, curb cut or private improvemen� in any public road or other public property in the City as the result oi the reconstruction of a�1y road, a change in land use, or a major change in the tracfic pattern of an existing land use . Subd. 6 . Authority of Pi:blic works Director . A. All work done under a per�iit issued in � compliance with this Ordinance shall be under the direction and supervision of the Public Works Director, who is he:eby authorized to make the necessary ruies, regul�� �ions and specifications with respect to materials for and method of construction of a sidewalk, curb and gutter, drive�ay, driveway approach, driveway turnaround, curb cut, roadwa� surfacing or private improvement in any public road or other public property in the City. A copy of such rules and regulations shall be kept on file with the City Clerk. A permit issued under the provisions of this Ordinance may be revoked by the Public Works Director when he or she determines that the construction or activity authorized by the permit is not being performed according to the terms of the permit or this Ordinance. B. Notice of such revocation, with a description of the facts supporting such revocation, shall be mailed or delivered to the person named in the permit at the address listed in the permit. C. All work shall cease upon receipt of the Notice of Revocation. � � -4- D. Any person whose permit is revoked as set forth herein may appeal that revocation to the City Council by filing notice of such appeal with the City Clerk within ten (10) days of the date that the revocation was mailed or delivered. E. The appeal of such revocation shall be conducted according to the procedure set forth in Section 6 . 05 , Subd. 3 , "Issuance of Permit" herein. Subd. 7 . Submission of Plans to Public Works Director . Any plans submitted to the Building Inspector for his or her approval, which include or involve a sidewalk, curb and gutter, driveway, driveway turnaround, driveway approach, curb cuts , roadway surfacing or private improvement in any public road or other public property in the City, shall be referred by the Building Inspector to the� Public Works Director for his or her approval before a building permit shall be issued. Subd. 8 . Construction ReQuirements Generally. In addition to the rules, regulations and specifications as outlined by the Public Works Director with respect to the improvements listed above, the following requirements shall be complied with when work is done under the provisions of this Ordinance. �. All driveway agproache� shall intersect the public road pavET�nt at an angle to be appraved by the Public Works Director based upon the physical charactzristics of the public road, driveway approach and the parcel of land being accessed. Such �ngle shall be as close as is reasonably practical, in the judgme�t of the Public Works Director, to a right angle to the pavement of the public road. B. No curb cuts shall be made in such a way that the curb return extends beyond any property line as projected, except when consented to, in writing, by the ajoining property owner involved. Said consent, if necessary, shall be submitted to the Public Works Director prior to the issuance of a permit. C. The top of the paving of the driveway approach slab at the curb line shall be 1-5/8 inches above the flowline of the gutter, and shall not extend into the gutter beyond the face of the curb or beyond the gutter line, and shall not be constructed in a manner that will in any way interfere with the use of the road for the purpose of travel or maintenance. The -5- constructed public road shall not be excavated in the process of constructing the driveway unless previous approval, in writing, has been granted by the Public Works Director. D. Driveway culv�rts shall be provided and installed by the owner as required by the Public Works Director . E. Driveways shall not be constructed over curb stops , catch basins or other structures, if at all possible. If there is no other feasibie location for the driveway, it shall be the responsibility of the applicant to set the curb stop, catch basin cover, or any other structures flush with the final driveway surface . F. The owner and contractor shall protect the public from injury or damage during the construction of the sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cuts , roadway surfacing or private improvement in any public street or other public property in the City and any permit issued pursuant to this Ordinance shall contain the agre�ment ot the applicant that the City shall not be liable for 3amage wr�ich may arise from the result oi work, and ttiat the applicant will hold the City harmless for any liability incurred by the City as a result oi such activity. G . Trees or shrubs shall not be placed adjacent to a driveway so as to constitute a site distance problem. H. If a parcel of land has frontage on both a cul-de-sac portion and a " lead-in" portion of the public road, the driveway shall be constructed off the "lead-in" portion of the public road and not the cul-de-sac . Subd. 9 . Resident Drivewavs, Approaches and Turnarounds . A. One driveway approach shall be allowed from up to two single residential parcels of land to the same public road provided tl�at appropriate easements exist between parties sharing the driveway ar.d driveway approach. Parcels having frontage on more than one public road shall be allowed a driveway approach to one public road. -6- B. Residential driveway approach shall not exceed 20 feet in width at the intersected right-of-way line. C. The total width of driveway approaches to up to two single parcels of land from a single public road shall not exceed 20 feet . D. A curb cut shall not exceed the width of the driveway approach at the property line by more than 10 feet . E. No portion of a driveway approach, except the curb return, shall be constructed within 100 feet of a corner . F. For residences hereafter constructed, the driveway approach and that part of th�� driveway and turnarounds which drain to the public road shall be paved with bituminous concrete blacktop or equivalent paving . �..2re it has been determined b�� the City' s Public works Director that an existing driveway and/or driveway approach is causing a maintenat�ce problem on the �ublic road, including, but not limited to, tha wasnirlg of dirt ar.d gravAi into the public road, the Public Works Director shall order that the property owner pave such portion of the drive:�a}� and/or driveway approach as is necessary to rer�ove the maintenance problern. Portland cement concrEte will only be allowed from the driveway up to the public right-of-way. �'his requirement shall not be construed to reduca paving otherwise required by performancE standards in the Zoning Code or required as a condition =o the granting of a Conditiona� Use Pe::nit, lot division, subdivision or as designated in the approved site plan. G. Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a State highway, County road or collector roadway as determined in the Comprehensive Plan, and on all entrances to public roads within the City where deemed necessary by the Public Works Director, based on traffic counts, sight distances , street grades and other relevant factors . If a driveway turnaround is requirecl by the Public Works Director, such requirement shall be stated on any permit issued by him or her pursuant to this ordinance. -7- Subd. 10 . Business Driveways, Ap roaches and Turnarounds . A. Only one business driveway shall be allowed per development unless a greater number of driveways are approved by the City, or approved as part of the site plan r:view. The business driveway approach shall not exceed the width of the access road or 32 feet at the property line, which ever is less in a business or industrial district. The curb cut shall not exceed the width of the driveway approach at the property line by more than 20 feet unless approved as part of a site plan. In a residential district , the curb cut shall not exceed the width of the driveway agproach at the property line by more than 10 feet unless approved as part of the site plan. B. All business driveways and driveway approaches shall be paved with asphaltic concrete or equivalent material . Portland cement concrete will only be allowed outside of the public road right-of-caa�•. C. Loading docks , ramps and vehicular entrances shall be located in such a manner that backing onto and m: neuvering within the public road right-of-way is eliminated and in such a manner that driveways greater in width than that specified by this cr.aoter shall not �e recju : red . D. No portion of a drive�aay approach, except the curb return shall be constructed within 100 feet of a corner in a business , comcTiercial or industrial area, or within 100 feet of a corner in a resider.tial district . E. Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a State highway, County road or a collector roadway and on all entrances to public roads within the City were deemed necessary by the Public Works Director based upon traffic counts , sight distances, street grades and other relevant factors . Such requirements shall be stated on any permit issued by the Public Works Director pursuant to this ordinance . F. Driveways must be 10 feet from the side property line of a parcel of land except if drive��ay is shared by two parcels of land. . -8- Subd. 11 . Maintenance and Removal . Every driveway approach or entrance to abutting property shall be maintained and kept in a safe condition by the owner of the abutting property or by the Homeowners ' Association, and any such driveway approach which shall not be so maintained and kept in a safe condition or which shall interfere with or obstruct the drainage carried by the ajoining public road or inter�ere with or obstruct the use of the ajoining public road for purposes of travel shall be repaired to conform .with the specifications of this ordinance and the City' s requirements, or it shall be removed by the owner of the abutting property or the Homeowners ' Association. Upon removal of such driveway approach, that portion of the street or right-of-way occupied by the owner or Home�wners ' Association shall be restored to its former condition an3 all curbing shall be replaced to its former condition by the owner or Homeowners ' Association �f the abutting property at their expense. If such re::�oval and restoration is not accomplished within ten (10) days of the receipt by the abutting property owner of written notice of the City to remove the driveway approach and restore the public road, curbing and right-of-way to its former condition, the City sha11 remove the driveway approach and restore the public roa�, curbing and right-of-way and assess the cost of such removal and restoration against the abutting property. The property ocaner may appeal the �rder to remove and restore in the manner set forth in Section 6 . 05 , Subd. 3 of this ordirlance . Further time for renoval a�:d resto ation �ay be authorized in writing by the Public Works Director . . Subd. 12 . Recrulatory Signs . The City sha11 reqtiire the erection of regulatory signs adjacent to a driveaay servir.� two or more parcels of land, at its intersection with a public road. The sign shall be purchased, erected and maintained by the property owner . If the property owner does not have the siqn erected within a reasonable length of time, the City shall erect the siqn and bill the property owner for all costs . Subd. 13 . S�ecifications and S�andards . All construction and reconstruction of roadway surfacing, sidewalk, driveway, driveway turnaround, curb and gutter improvements, including curb cuts and driveway approaches, shall be strictly in accordance with specifications and standurds on File in the office of the City, and ogen to inspection and copying there. Such specifications and standards may be amended from time to time by tr,e City, but shall be uniformly enforced. Subd. 14 . Inspection. The City shall inspect such improvements as deemed necessary or advisable . Any work not done according to the applicable specifications and stan3ards shall be removed and corrected at the expen: : of the permit holder . Any , -9- work done hereunder may be stopped by the City if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise such work. -10- Section 6.06, Subdivisions 1, 2, 3,_4 _ and _5 of__the City_of Orono Municipal Code are hereby amended to read as follows: SEC. 6.06. CONSTRUCTION AND RECONSTRUCTION OF PRIVATE ROADWAY SURFACING, SIDEWALK, CURB AND GUTTER, DRIVEWAY APPROACHES, OR CURB CUTS. Subd. 1. Methods of Procedure. Abutting or affected property owners may contract for, construct or reconstruct private roadway surfacing, sidewalk, curb and gutter, driveway, driveway turnaround, driveway approaches or curb cuts in accordance with this Section. Subd. 2. Requirement and Application for Permit. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cuts, roadway surfacing or any otner private improvement in any private road or private property in the City without a permit in writing from the City. Application for such permit shall be made on forms approved and provided by the City and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work, and the length of time required to complete the same, provided that no permit shall be required for any such improvement ordered installed by the Council . Such application shall also contain information showing the type of construction, the width and the location of an improvement on the parcel of land and the lot and block number or the parcel number and the street and house number and a profile of the proposed improvement, if necessary, and other such information as may be required by the Public Works Director. The application shall be filed by the property owners desiring to construct such a driveway approach, sidewalk, curb and gutter, driveway, driveway turnaround, curb cut, roadway surfacing or private improvements in any private road or any property in the City, or by his or her duly authorized agent. Al1 such appiications shall contain an agreement by the applicant by this Chapter. A permit from the City shall not � relieve the holder from damages to the person or property of another caused by such work. These regulations shall apply to all City, State, County and private roads. Subd. 3 . Issuance of Permit. Such permit shall be issued by the Public Works Director, if he or she has determined that the applicant has complied with the terms of this ordinance, the permit fee hereinafter specified has been paid and the Public Works Director has approved the driveway, driveway approach, driveway turnaround, sidewalk, curb and gutter, curb cuts, roadway surfacing or private improvement in any private road or other private property in the City as requested or with stipulated changes. The Public Works Director shall have the authority to refuse to issue a permit when, in the judgment of the Public Works Director, the requested construction would impose an unreasonable -11- hazard to the public. Such decision may be appealed in writing by the applicant to the City Council . The City Council shall have the power to affirm, reverse or modify the decision of the Public Works Director . Subd. 4 . Permit Fees . The fees for permits for the construction of improvements as outlined above, shall be as set forth in the City' s Fee Schedule which may be amended from time to time. Subd. S . Revocation of Permit . A. All permits granted for the use of private property under the terms of this Ordinance shall be revocable by the Public Works Director pursuant to the procedure set out below in Section 6 . 05 , Subd. 6 , "Authority of Public Works Director. " B . In addition to the provisions of Section 6 . 06 , Subd. 6, a permit may be revoked by the City Council and City shall have the right to revise, relocate or close any sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cut or private in.�rovement in any private road or other private prooerty in thz City as the result of the reconstructi�n of any road, a change in land use, or a major ch�nge in the traffic pattern of an existing land use. Subd. 6 . Authoritv of Public Works Director . A. All work done under a permit issued in compliance wit;l this Ordinance shall be under the direction and supervision oF the Public Works Director, who is hereby authorized to make the necessary rules , regulations and specification:� with respect to materials for and method of construction oi a sidewalk, curb and gutter, driveway, driveway approach, drivew�y turnaround, curb cut, roadway surfacing or private improvement in any private road or other private property in the City. A copy of such rules and regulations shall be kept on file with the City Clerk. A permit issued under the provisions of this Ordinance may be revoked by the Public Works Director when ae or she determinEs that the construction or activity authorized by the permit is not beinq performed according to the terms of the permit or this Ordinance. B. Notice of su�h revocation, with a description of the facts supporting such revocation, shall be mailed or delivered to the person named in the permit at the address listed in the permit . C. All work sh�.11 cease upon receipt of the Notice of Revocation. -12- r D. Any person whose permit is revoked as set forth herein may appeal that revocation to the City Council by filing notice of such appeal with the City Clerk within ten (10� days of the date that the revocation was mailed or delivered. E. The appeal of such revocation shall be conducted according to the grocedure set forth in Section 6 . 06 , Subd. 3 , "Issuance of Permit" herein. Subd. 7 . Submission of Plans to Public Works Director . Any plans submitted to the Building Inspector for his or her approval, which include or involve a sidew�lk, curb and gutter, driveway, driveway approach, drive��ay turnaround, curb cuts , roadway surfacing or private improvement in any private road or other private property in the City, shall be referred by the Building Inspector to the Public Works Dir�ctor for his or her approval before a building permit shall be issued. Subd. 8 . Construction Requirements Generally. In addition to the rules, regulations and specifications as outline3 by the Public Works Director with respect to the improvements listed above, the following requirements shall be complied with when work is done under the provisions oE this Ordinance. A. All driveway approaches shall intersect the private road pavement at an angle to be aporoved by the Pu��lic works Director based upon the physical characteristics of the private road, driveway approach and the parcel of land being accessed. Such angle shall be as close as is reasonably practical, in the jud9mznt of the Public works Director to a right angle to the pavement of the private road. B . No curb cuts shall be made in such a way that the curb return extends beyund any property line as projected, except when consented to, in writing, by the ajoining property owner involved. Said consent, if necessary, shall be submitted to the Public Works Director prior to the issuance of a permit. ' C. The top of the paving of the driveway approach slab at the curb line shall be 1-5/8 inches above the flowline of the gutter, and shall not extend into the gutter beyond the face of the curb or beyond the gutter line, and shall not be constructed in a manner that will in any way interfere with the use of the road for the purpose of travel or maintenance. The constructed private road shall not be excavated -13- in the process of constructing the driveway unless previous approval , in writing, has been granted by the Public Works Director . D. Driveway culverts shall be provided and installed by the owner as required by the Public Works Director . E. Driveways shall not be constructed over curb stops, catch basins or other structures, if at all possible. If there is not other feasible location for the driveway, it shall be the responsibility of the applicant to set the curb stop, catch basin cover, or any other structures flush with the final driveway surface. F. The owner and contractor shall protect the public from injury or damage during the construction of the sidewalk, curb and gutter, driveway, driveway approach, driv�:aay � turnarou�d, curb cuts , roadway surfacing or private improvement in any private road or other private property in the City and any permit issued pursuant to this Ordinance shall contain the agreement of the apolicant that the City shall not be liable for damage which may arise from the result of work, and that the aoglicant will hold the City harmless for any liability incurred by the City as a result of such activity. G. Trees or shrubs shall not be placed adjacent to a driveway so as to constitute a site distance problem. H. If a parcel of lan� has frontage on both a cul-de-sac portion and a " lead-in" portion of the private road, the driveway shall be constructed off the "lead-in" portion of the private road and not the cul-de-sac . Subd. 9 . Resident Driveways , Approaches and Turnarounds . A. One driveway approach shall be allowed from up to two single residential parcels of land to the same private road provided that appropriate easements exist between parties sharing the driveway and drive�aay approach. Parcels having frontage on more than one private road shall be allowed a driveway approach to one private road. -14- t . B . Residential driveway approach shall not exceed 20 feet in width at the intersected right-of-way line. C. The total width of driveway approaches to up to two single parcels of land from a single private road shall not exceed 20 feet . D. A curb cut shall not exceed the width of the driveway approach at the property line by more than 10 feet . E. No portion of a drive�:ay approach, except the curb return, shall be constructed within 100 feet of a corner . F. For residences hereafter constructed, the driveway approach and that part of the driveway and turnarounds which drain to the private road shall be paved with bituminous concrete blacktop or equivalent paving . Where it has been determined by the City' s Public Works Director that an existing driveway and/or driveway a_pproach is causing a maintenance problem on the private road, including, but not limited to, the wastiing of dirt and grav�l into tlie private road, the Public Works Director shall order that tt.e property owner pave such portion of. the drives.•ay and/or driveway approach as is necessary to reRiove the mai-�tenance problem. Portlar.d cement concrete wi ' 1 only be allowed from the 3rive:�ay up to the private right-of-way. This requirement shall not r� construed to reduce paving otherwise required by performance standards in the Zoning Code or requirec3 as a condition to the granting of a Conditional Use Permit, lot division, subdivision or as designated in the approved site plan. G. Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a State highway, County road or collector roadway as determined in the Comprehensive Plan, and on all entrances to private roads within the City where deemed necessary by the Public Works Director, based on traffic counts, sight distances , street grades and other relevant factors . If a turnaround is required by the Public Works Director, such requirement shall be stated on any permit issued by him or her pursuant to this ordinance. -15- Subd. 10 . Business Drivewavs, Approaches and Turnarounds . A. Only one business driveway shall be allowed per development unless a greater number of driveways are approved by the City, or approved as part of the site plan review. The business driveway approach shall not exceed the width of the access road or 32 feet at the property line, which ever is less in a business or industrial district . The curb cut shall not exceed the width of the driveway approach at the property line by more than 20 feet unless approved as part of a site plan. In a residential district , the curb cut shall not exceed the width of the driveway approach at the property line by more than 10 feet unless approved as part of the site plan. B . All business driveways and driveway approaches shall be paved with asphaltic concrete or equivalent material . Portland cement concrete will only be allowed outside of the private roa3 right-of-way. C . I �ading docks , ramps and :�ehicular entrances shall be located in such a rnanr:er that backing onto and manEuvering within the private road right-of-way is eliminated and in sucti a mann�r that driveways greater in width than that specified by this chaoter shr� ll not be requirecl. D. No portion of a driveway approach, except the curb return shall be const_ucted within 100 feet of a corner in a business, commercial or industrial area, or within 100 feet of a corner in a residential district . E. Drive: ay turnarounds shall be required on all driveways or driveway approaches entering onto a State highway, County road or a collector roadway and on all entrances to private roads within the City were deemed necessary by the Public Works Director based upon traffic counts , sight distances, street grades and other relevant factors . Such requirements shall be stated on any permit issued by the Public Works Director pursuant to this ordinance. F. Driveways must be 10 feet from t'ae side property iine of o parcel of land except if driveway is shared by two parcels of land. -16- R ., . Subd. 11 . Maintenance and Removal . Every driveway approach or entrance to abutting property shall be maintained and kept in a safe condition by the owner of the abutting property or by the Homeowners ' Association, and any such driveway approach which shall not be so maintained and kept in a safe condition or which shall interfere with or obstruct the drainage carried by the ajoining private road or interfere with or obstruct the use of the ajoining private road for purposes of travel shall be repaired to conform with the specifications of this ordinance and the City' s requirements, or it shall be removed by the owner of the abutting property or the Homeowners ' Association. Upon removal of such driveway approach, that portion of • the private road or right-of-way occupied by the owner or Homeowners ' Association shall be restored to its former condition and all curbing shall be replaced to its former condition by the owner or Homeowners ' Association of the abutting property, at their expense . If such removal and restoration is not accomplished within ten (10) days of the receipt by the abutting property owner of written notice of the City to remove the driveway approach and restore the street, curbing and right-of-way to its former condition, the City shall remove the driveway . approach and restore the public road, curbing anc' right-of-way and assess th� cost of such removal and restoration against the abutting property. The progerty owner may appeal the orrler to remove and restore in the manner set forth in Sectiori 6 . 06 , Subd. 3 of this ordinance. Further time for removal and restoration may be authorized in writing by tY�e Public Works Director. Subd. 12 . Requlatorv_ Signs . City shall require tY�e erection of regulai:ory signs adjacent to a dr�.veway servino two or more parcels of land, at its intersection with a private road. The sign shall be purchased, erected and maintained by the property owner . If the property owner does not have the sign er�cted within a reasonable length of time, the City shall erect the sign and bill the property owner for all costs . Subd. 13 . Specifications and Standards . All construction and reconstruction of roadway surfacing, sidewalk, driveway, curb and gutter improvements, including curb cuts and driveway approaches, and driveway turnarounds, shall be strictly in accordance with specifications and standards on file in the office of the City, and open to inspection and copying there. Such specifications and standards may be amended from time to time by the City, but shall be uniformly enforced. Subd. 14 . Inspection. The City shall inspect such improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be -17- e ; � removed and corrected at the expense of the permit holder. Any work done hereunder may be stopped by the City if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise such work. Adopted by the Orono City Council on this25tY�1ay of July , 1988 . ATTEST: _ ._� �• � _ . Dorothy . Hallin, City Clerk Jam s R. Grabek, ayor I -18- ORDINANCE NO. 55, 2nd SERIES AN ORDINANCE AMENDING SECTION NO. 10.61 ADOPTED APRIL l, 1984, AND ENTITLSD 'SPECIAL PROVISIONS' The City Council of the City of Orono ordains: Section 10. 61 adopted April 1 , 1984 and entitled "Special Provisions" is amended to read: Subd. 1. A. On Right-of-Way. Private signs are prohibited within the public right-of-way or easements except that the Council may grant a conditional use permit to locate signs and decorations on or within the right- of-way under their jurisdiction for a specified time not to exceed ninety days. No conditional use permit for such a sign shall be issued by the Council if a conditional use permit or temporary sign permit had been issued in the previous 24 months to that property. H. Temporary Signs. There shall be no more than one temporary (three months or less) sign in any required yard area, and there shall be no more than three such signs on any lot, and the total area of such signs shall not exceed 25 square feet. Such signs require a temporary sign permit from the City. No such permit shall be issued by the City if a conditional use permit under Sub-paragraph A of this Subdivision or a temporary sign permit under this sub-paragraph had been issued in the previous 24 months to that property. No such signs shall be allowed in residential zones unless permitted as election or sales signs under this Subdivision. This ordinance becomes effective from and after its passage on July 25, 1988 and publication. --- ---- - - - ---------- ---- Jame R. Grabek, ayor ATTE . -- �� -- -- ----- 0 othy M. llin, City Clerk Publish the week of August 8, 1988 in the Laker/Pioneer newspaper. ORDINANCS # 56 , SECOI�D SERIBS AN ORDINANCB AI�NDING ORDINl�ICB NDl�IBER 44, S$CO1�D SBRI$S ADOPTSD DECBNlBBR 14, 1987 �iTITI.� •1988 FSE SCHEDDI,E" The City Council of Orono ordains Ordinance 44, Second Series adopted December 14, 1987, and entitled "An Ordinance Adopting the 1988 Fee Schedule" is hereby amended to read: SBCTION 1. Fees. • LICENSES & MISCELLANEOUS CHARGES: Applicable Fees Code Section Fireworks Permit $30.00 9.10 This Ordinance shall be published in the Laker and Pioneer Newspaper and shall be effective August 29, 1988. Adopted by the City Council of Orono on this 22nd day of August, 1988, by a vote of 5 ayes and 0 nays. ATTEST: , florot�r-�;-�n-�.3-i�- 3���3��c `�' Jam s R. Grabe/ ,+ Mayor Theresa L. Naab, Deputy Clerk Published in the Laker and Pioneer Newspaper the week of August 29, 1988. 81888. 3 ORDINANCE NOI�IBER ,57 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE N0. 9. 12 SUBDIVISION 2 ADOPTED APRIL 1, 1984, AND ENTITLED "DOG REGULATION AND LICENSING". � The City Council of Orono ordains: Ordinance No. 9.12 Subdi�vision 2 adopted April 1, 1984, : and entitled "Dog Regulation and Licensing" is amended to read: Subd. 2. Running at Large and Biting Dogs Prohibited. It is unlawful for the owner of any dog to permit such animal to � run at large. Any dog shall be deemed to be running at large with the permission of the owner unless; A. It is on a durable leash secured to an object which it cannot move and is on the premises of the owner . B. On a leash and under the control or within 10 feet and under the effective command of the accompanying person of suitable age and discretion. C. In the owners fenced yard or other suitable enclosure were the dog cannot leave without human assistance. D. In the owners yar8 and under effective command of an accompanying person of suitable age and discretion present outside in the yard. E. In a vehicle from which the dog cannot leave without human assistance provided it is not left � unattended in violation of Minnesota Statutes. Any dog, having bitten a person or other animal, shall be �forthwith impounded for the period of incubation. This ordinance becomes effective after its passage anc] publication. � Passed by the Council this 22nd day of August , 1988 . . � � - _ ` ;. � : �� --- ---------- - —___----------- Jam R. Grabek, ayor ATTEST: a � { -- -------- ---------------------- � Doxe��S L. N��3�%—��.t�£�l k ; There a aa , Depu y er , • 102188.5 OSDINANCE NO. 58 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 9.13 ADOPTED APRIL 1, 1984, AND SNTITGSD "ANIMALS AND FOWL - REEPING, TRANSPORTING, TREATMENT, HOOSING." The City Council of Orono ordains: Ordinance No. 9. 13 adopted April 1 , 1984, and entitled "Animals and Fowl - Keeping, Transporting, Treatment, Housing" is amended to read: Subdivision 7. Permit Required. Is hereby repealed. This ordinance becomes effective upon publication. Passed by the council this 24th day of October, 1988 . __._--- Jam s R. Grabek, or ATT ST: othy Hallin, City Clerk ORDINANCB NO. 59 , SECOND Sffi2IBS An ordinance amendinq Ordinance No. 2.52 of the Orono Municipal Code relating to composition of the Park Commission, adopted on April 1, 1984. The City Council of Orono ordains: Section 2.52, Subdivision 1, adopted on April 1, 1984 and entitled "Establishment and Composition" is amended to read: Section 2.52 Subdivision 1. Establishment and Composition. A Park Commission composed of eight members, who shall serve staggered three year terms, is hereby established. The Public Works Director and one Councilmember shall be members of the Commission ex officio and without vote and are in addition to the eight member commission. This ordinance becomes effective upon passage and publication on November 7 � lggg. Passed by the Orono Council on this 24th day of October, 1988 . ��-__ -1 J es . Grabe , or ATT ST: 0 othy M. allin, City Clerk ublished in the Laker Newspaper on the _�th _ day of November , lggg. ORDINANCE # 6 0 , S$COND SffitIES AN ORDINANCE AMENDING THE ORONO I�iIINICIPAL CODE SECTION 9.12, SIIBDIVISION 4, ADOPTSD APRIL 1, 1984 AND ENTITLED "APPLICATION'. The City Council of Orono ordains as follows: S$CTION 9.12, Subdivision 4. is amended to read as follows: Section 9.12, Subdivision 4 (A). Application. All licenses shall be issued by the City and applications therefore shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota, showing that the dog is vaccinated against rabies for the duration of the applied for license. Should the rabies vaccination expire prior to the full term of the license, the owner is responsible for updating such vaccination. If a dog is impounded by the City and found to not have a current rabies vaccination, the dog will automatically receive such vaccination prior to leaving the pound, at the owner's expense. No more than two dog licenses shall be issued to any one person or for any one lot, property or address at any one time unless there shall first have been issued a current residential or commercial kennel license for said person, lot, property or address. Adopted by the .City Council of Orono on this 14th day of November, 1988, by a vote of 3 ayes and � nays. :� , ,�.��� ..... Ja s R. Grabek, Mayor AT ST: Barbara A. Peterson, Acting Mayor . � orothy . Hallin, City Clerk Published in the Laker Newspaper on the 28th day of November , 1988 . �, � � " * 102688. 5 ORDINANCE NU1�ER 61 , SECOND SERISS SOMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 61 , Second Series" and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council futher determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. J � � � � 102688.5 OFFICIAL SOIrIIrIARY OF ORDI�ANCE NU1�ER 61 , SECOND SERIES AN ORDINANCE AMENDING SECTION 9.10 DANGEROOS WF.APONS AND ARTICLSS The following is the official summary of Ordinance Number 61 , Second Series approved by the City Council of the City of Orono on November 14, 1988 . The following sections are repealed. Section 9. 10 all subdivisions Ordinance Number 7, Second Series Ordinance Number 15, Second Series Ordinance Number 16, Second Series Ordinance Number 25, Second Series Ordinance Number 36, Second Series Ordinance Number 42 , Second Series Ordinance Number 48, Second Series The following is new language in Section 9: Acts Prohibited Discharge of Firearms and Explosives Exception Activities Allowed with Permits B-B Gun Starting Guns Permit Classification, Fees, Permit Revocation Permit Procedure Confiscation Possession and Sale of Fireworks Exposure of Dangerous Container A printed copy of the ordiannce is available for inspection by any person at the office of the City Clerk. This Ordinance becomes effective upon publication, the week of November 28, 1988 Adopted by the City Council of the City of Orono on this 14th day of November, 1988, by a vote of 3 ayes and � nays. � ��l �._ - Jam s R. Grabek, Mayor ATT ST• Barbara A. Peterson, Acting Mayor � 0 othy . Hallin, City Clerk 2 Y � � L ORDINANCE NO. 61, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE N0. 9.1H (ALL SOBDIVISIONS) , ORDINANCE NDMBERS 7. 15, 16, 25, 36, 42, and 48 ALL OF THE S$COND SERIES ADOPTED APRIL 1, 1984, AOGOST 13, 1984, OCTOBER 28, 1985, OCTOBER 28, 1985, OCTOBER 13, 1986, MAY 26, 1987• OCTOBER 12, 1987 AND APRIL 11, 1988 RESPECTIVELY AND ENTITLED DANGEROOS WEAPONS AND AR?ICLES. The City Council of the City of Orono ordains: Ordinance No. 9.10 (All Subdivisions) , Ordinance Numbers 7, 15, 16, 25, 36, 42 and 48 all of the Second Series adopted April 1, 1984, August 13, 1984, October 28, 1985, October 28, 1985, October 13, 1986, May 26, 1987, October 12, 1987 and April 11 , 1988 respectively and entitled Dangerous Weapons and Articles is amended to read: SEC. 9.10. DANGEROOS WEAPONS AND ARTICLES. Subd. 1. Acts Prohibited. It is unlawful for any person to: A. Recklessly handle, throw, or use a firearm, bow and arrow, or other dangerous weapon or explosive so as to endanger the safety of another; or, B. Intentionally point a firearm of any kind, whether loaded or unloaded, bow and arrow, explosive or other dangerous weapon, capable of injuring or killing a human being, at or toward another; or, C. Manufacture or sell for any unlawful purpose any weapon known as a slung-shot or sand club; or, D. Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically; or, E. Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; or, F. Sell or have in his possession any device designed• to silence or muffle the discharge of a firearm; or, G. Permit, as a parent or guardian, any child under fourteen years of age to handle or use, outside of the parent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosive; or, H. Furnish a minor under eighteen years of age with a firearm, air gun, ammunition, or explosive without the written consent of his parent or guardian or the Chief of the Police Department. . • � I. Possess, carry, transport, or control any knife or bladed instrument capable of cutting, stabbing or injuring while on school property, in a school bus , or on public streets or sidewalks adjacent thereto except where such knives and bladed instruments are used in or as part of any instructional activity carried on in the school, used in the preparation or consumption of food in a lunchroom, or other place where food is customarily prepared or served, or when used as a tool by a person authorized to perform construction, repair or maintenance services on school property. Subd. 2. Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge, any form or type of explosive or explosive device, any cannon, gun, pistol, or other firearm, firecracker, sky rocket or other fireworks, bow and arrow, air gun, air rifle, or other similar device commonly referred to as a B-B gun. Subd. 3. Exception. Nothing in Subdivision 1 or 2 of this Section shall apply : A. To persons who obtain the appropriate permit as set forth in the following paragraphs. B. To a peace officer in the discharge of his duty, or C. To a person in the lawful defense of his person or family. D. To a display of fireworks by an organization or group of organizations authorized in writing by the Chief of Police, application for permit being made at least fifteen (15) days prior to the event, or E. To shoot a bow and arrow in the Physical Education Program in a school supervised by a member of its faculty, as community-wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range authorized by the Council. Subd. 4. Activities Allowed With Permits. A. Permits, Occasional Up to 15 Days. Occasional permits valid for a period of fifteen (15) days or less may be granted to clubs or persons as follows: 1. Occasional target shooting or trap and skeet shooting; 2. Field trials, commercial or professional exhibitions or displays, or other similar lawful purpose as determined by the City Police. �. . , 3. For training of dogs for clubs or individuals, which permit is �alid only on land described in the permit by persons with the consent of the owner or lessee thereof. B. Permits , Occasional Up to 120 Days. For control of pests in commercial or agricultural situations, permits may be granted up to a maximum of 120 days as established by the Administrator to persons or clubs meeting all the the following criteria: 1. For control of pests, vermin, rodents, or ther animal nuisances, such as deer hunting by bow and arrow during appropriate season, or other animals that are a demonstrated nuisance. 2. Where there are no other appropriate methods available. 3. Demonstrated need for a longer duration of time such as length of game season or protection of crops during the growing season. The use of bow and arrow under this section wi 11 be al lowed • on an occasional basis to remove problematic animals including game animals is subject to the following circumstances: A. There is a demonstrated nuisance of that animal to that property owner. B. Property owner has specifically given written permission to a hunter and that hunter has the appropriate State hunting permit. C. That no discharging be done within 100 feet of any property line, within 100 feet of any buildings and 20fd feet of any livestock. D. Discharge for purposes of this section shall only be done from an elevated stand that is a minimum of four (4) feet off the ground. E. Can only be done during the appropriate season. F. The hunter receives no compensation for the removal service apart for the retention of animals killed. C. Permit - Baker Park. An occasional permit valid for a period not to exceed a total of 3 days in any one year shall be issued to Hennepin Parks for the discharge of shot gunds in hunting of game animals in Baker Park. In addition to other applicable conditions outlined in this Subdivision other applicable conditions outlined in the Subdivision 7 (A) through 7(C) the Park District must notify all abutting property owners by letter 10 days in advance of the proposed hunt and that appropriate signage be posted around the Park Reserve District boundaries to limit unauthorized access during the hunt. D. Permits, Occasional. Occasional permits valid for a period under 4A or 4B as deemed appropriate by the City may be granted to clubs or persons for: Sub. 1. B-B Gun. The use of a B B gun or air rifle subject to the follow ni g c rcumstances: A. There is a demonstrated nuisance of the animal to the property owner. B. The permittee has the property owners permission. C. There are no other appropriate means available. D. Seasonal restrictions of game animals apply. E. The gun may only be discharged in a manner that does not direct it towards other buildings or persons. F. The permittee must notify all abutting owners. Sub. 2. Starting Guns - Permits may be granted for use of devices such a starting guns when no projectiles are used but only blank ammunition. E. Annual Permits. To clubs only for: 1. Trap and skeet shooting for clubs. 2. For training of dogs for clubs or individuals. which permit is valid only on land described in the permit bg persons with the consent of the owner or lessee thereof. 3. To clubs and individuals for the operation of a game and fur farm pursuant to Minnesota Statutes Section 99.27, or Minnesota Statutes Sections 100.32 to 10�.37; 4. Occasional target shooting. 5. Field trials, commercial or professional exhibitions or displays, or any similar or lawful purpose as determined by the Police Chief. 6. Any person, group, organization that wishes to use an established range/or trap, skeet facility for any field trial commercal or professional exhibition or display or any similar or lawful purpose shall apply for their own use permit. The existing permit for gun club shall not cover the special event. This would not preclude that the gun club cannot have its own special events such as annual shoots, turkey shootoff, etc., as long as it is the gun club that is responsible permit holder. � • a , Subd. 6. Permit Classification, Fees, Permit Revocation. The fee for annual permit (club only) or occasional permit shall be charged according to the City fee schedule. A violation of any of the conditions of a permit shall result in revocation of the permit and no permit shall be issued to any club or person for one year after the date of such revocation. Permits are issued to the person to be actually usinq the firearm or weapon. Subd. 7. Permit Procedure. When a person or club applies for a permit, the City Administrator may require certain information to be on the application and permit form: 1. Location of event. ' 2. Site visit to be required. 3. Intended use of permit. 4. Certificate of Insurance 5. Hours of shooting 6. Number of participants 7 . Notice to police prior to shooting. This notice to be within one hour of commencement of event. 8. Annual permit to require notice to be given to surrounding property owners and an opportunity for them to object prior to issuance of a permit under this section, but such objections shall not require the permit to be withheld. Any person may appeal the denial of a permit to the Council. 9. All permit holders must inform all abutting property owners prior to initial use of the permit. 10. All permits are subject to the approval of the City Administrator upon recommendation of the Chief of Police. Appeals of denials of permits are subject to Council review. Subd. 8. Confiscation. The firearms, bow and arrow, explosives or ther dangerous weapons o� the alleged violator of this Section may be confiscated at the time of arrest, and returned only if the violator is adjudged not guilty of the offense charged and no liability of damages shall result therefrom. Confiscated firearms may be disposed of as provided by 1 aw. Subd. 9. Possession and Sale of Fireworks. It is unlawful for any person to sell , possess or have in possession for the purpose of sale, distribution, use or explosion, except as allowed in Subdivision 3 of this Section, any firecrackers, sky rockets or other fireworks. Subd. 10. Exposure of Dangerous Container. It is unlawful for any person, being the owner or in possession or �, • � � � control thereof, to permit an unlocked refrigerator, ice box, or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same out-of-doors, or in an unlocked accessory building, accessible to children, without locking the doors, or removing the lids, hinges or latches. Passed by the Council this 14th day of November , 1988 . � -- � C' Jame R. Grabek, or ATT T: � � � orot y a11in, ity Clerk The adopted summary of this ordinance is published in the Laker/Pioneer newspapers the week of November 28, 1988. � A iasss. l ORDINANCE NQN�ER 62 , SSCOND SSRIES SIIMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 62 , Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. i OFFICIAL SIII�IIKARY OF ORDINANCE NiTMBER 6 2 , SBCOND SERIES ORDINANC$ NO. 62 , S$COND SERIES AN ORDINANCE ADOPTING THE 1989 FES SCHEDIILE AN ORDINANCE RSPEALING ORDII�APC$ NO. 44 SECOND S$RIES, 49 SBCOND S$RI$S AND 49 S$COND S$RIES. The following is the official summary of Ordinance Number 62 , Second Series approved by the City Council of the City of Orono on January 9, 1989. The following sections have changes, additions and/or deletions: ZONING APPLICATIONS 1988 1989 Conditional IIse Permit w/variance new $ 50. 00 each variance Commercial Site Plan $150. 00 $200. 00+consultant fee Renewal Subdivision Application new 1/2 of current fee CONSTRUCTION PERMITS AND INSPECTION FEES BUILDING PERMIT � Normal Fee per 1982 UBC/SBC per 1985 UBC/SBC Standard Schedule Standard Schedule Plan Review Fee: Commercial per 1982 UBC/SBC per 1985 UBC/SBC Residential Standard Schedule Standard Schedule 65$ of Building 65$ of Building Valuation Data Valuation Data Retaining Walls (in excess of 42" also 30.00 min same multiple tiered walls that exceed 42" ' and not located in lakeshore protected area) Docks - Commercial new Per 1985 UBC/SBC standard schedule DEMOLITION PERMIT Principal Structure 30 .00 50.00 Accessory Structure 25.00 30.00 PLUMBING PERMITS 4. 00 5.00/fixture 2.00 3.00/fixture reset MECHANICAL PERMITS 15. 00 per 15.00 per 50,000 -furnace, boiler, unit heaters, and 30,000 btuh output makeup air units output -fuel storage (permanent or temporary) 15.00 30.00 MUNICIPAL CONNECTION PERMIT (together with area connection charges) 5/8" meter including sales tax 95.00 114. 48 3/4" meter including sales tax 130.00 157.94 1" meter including sales tax -- 212. 00 2 ALL CONNECTION CHARGES (IF NOT PREVIOUSLY ASSESSED) BY DISTRICT - PROJ�T CONSTRIICTION PERMITS AND INSPECTION FEES Permit Type 1988 1989 ALL SANITARY SEWER CONNECTION CHARGES Various Various reflecting (If not previously assessed) cost of investment ALL MUNICIPAL WATER CONNECTION CHARGES Various Various reflecting (If not previously assessed) cost of investment GRADING,EXCAVATION, FILLING - 1-100 cubic yards (max. 10 loads) 50 .00 60.00 (staff (staff permit) permit) BUILDING MOVING OR LIFTING -Lifting principal buildings 75.00 75.00 plus (no move across lot lines) engineering fee (include pre-lift inspection fee) if necessary SPECIAL INSPECTION CHARGES Inspection surcharge for work or 30 .00+ 30.00 per trip + application on Big Island or boat rental if Deering Island transportation is not provided by owner CONTRACTUAL INSPECTION SERVICE Monthly Retainer Fee (Includes 25.00 per same clerical time) month Clerical Fee (only charged if clerical none 15.00 per hour use is excessive) HOME OCCUPATION LICENSE 2Q. 00 30.00 (annual fee) Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Municipal Code Book - Complete (Ch. 1-12 w/revisions) 75.00 60 .00 w/black w/binder binder Municipal Code Book - Portions Ch 1 thru 9 (Book 1) w/revisions new 35.00 loose Ch 10 thru 12 (Book 2) w/revisions new 35.00 loose Ch 10 only (Zoning Code) w/revisions 25.00 25.00 loose Ch 11 only (Subdiv. Code) w/revisions 15.00 15. 00 loose Other Individual Chapters .25 /page Police De artment Administered COPY OF DRIVER'S LICENSE RECORD new 3. 00 each 19g8 1989 3 � � - 4 PIIBLIC WORRS DEPARTI�NT MISCELLANEOIIS CHARGES Utility Service Rates RECYCLING CHARGE - 9. 00/year GOLF COURSE CHARGES - Effective date 1988 Season Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon lst Nine Holes 5.00 5.25 2nd Nine Holes 3. 00 3.00 After 12 Noon and Weekend Rates lst Nine Holes 5. 50 5. 75 2nd Nine Holes 3.00 3.25 League Rates Monday thru Friday 5. 00 5. 25 Senior Citizen (Over 60 years old) Begin Play Before 12: 00 Noon - Weekdays lst Nine Holes 3. 50 3. 75 2nd Nine Holes 3. 00 3. 00 Season Ticket (Senior Citizens Only) 90.00 100.00 Golf Cart Rental Motorized lst Nine Holes 7.00 10.00 2nd Nine Holes 6. 50 8. 00 Pull Carts - Per Round .75 1. 00 A printed copy of the 1989 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 16, 1989. Adopted by the City Council of the City of Orono on this 9th day of January, 1989, by a vote of 5 ayes and �_ nays. �---- - Jame R. Grab yor ATTE : / �� or thy M allin, City Clerk ' 4 � • J � DII�1�O�t F0�2 1989 FEB 9(,�UI� �y Charges Page Liaenses a�l Misoell.aneous Page Permits ((7ont.) Page A�chninistration . . . . . . . .20 Garbage Haulers License. . . .18 R,etaining Walls. . . . . . . . 9 Avcident R+eports . . . . . . .23 Home Occupation License. . . .19 Sprinkler Systems - Comner . .11 Building Plan Copies . . . . .20 Joint Use Dock License . . . .18 Trapping Permit (limited) . . .22 Copy Microfiche File - PD. . .23 Rennel License . . . . . . . .20 Well Permit Fee. . . . . . . .15 Copy Service - Police Dept . .23 Septic Installers License. . .18 Water Meter Fees . . . . . . .11 Reprint Oversizecl Documents Solicitatio�n License . . . . .19 an Microfilm. . . . . . . . .20 Temp Trailer/�uilding Lic. . .19 �ervives Tape R,ecording Duplicatian . .20 Fingerprinting (Police) . . . .23 ��,,,�� Maps Fbr Sale. . . . . . . . . .19 Water Turn-On Charge . . . . .24 r�� �� Co�ectian Charges Water Turn-Off Charge. . . . .24 Sanitary Sewer . . '. . . . . .12 Public Works Supplies & Servioes . Municipal Water. . . . . . . .14 Driveway Culverts. . . . . . .26 Signs . Driveway/Curb Cut Permits. . .26 Street Signs (Public Works) . .26 �� Temporary & Permanent. . . . .15 Special Assessment Searches. .20 Permits Temp. "No Parking" (P.D.) . . .23 Z�ing Dept Documents. . . . .19 After-the-fact-Fees. . . . . . 4 Ternp. "No Parking" (P.W.) . . .26 R�ealtors Listing Info. . . . .20 Annual Service Charge (Septic)14 Building Permit Fees . . . . . 9 Otility Rat�e Charges . . . . . .24 False Alarm Oser fee . . . . . .22 Burning Permit Fee . . . . . .17 Cert. of Occupacy. . . . . . . 9 ?.oninq Applicatians (�lf Oourse Rates. . . . . . . .25 Demolition Permit Fee. . . . . 9 After-the-fact Fees. . . . . . 4 Docks Amendments . . . . . . . . . 3 Ins�tians Commercial . . . . . . . . . 9 Appeals to Planning Comn . . . 4 Special Inspection Charges . .17 R�esidential. . . . . . . . . 9 Camnercial Site Plan . . . . . 2 Contractual Inspection Serv. .18 Fire Protection. . . . . . . .17 Conditional Use Permit Fees. . 1 Firearms Permit Fee. . . . . .22 Industrial Rievenue Bond Appl . 4 Lic�nSes aid Mi�oellaneous Fireva�rks Permit Fee . . . . .22 Park Dedication Fees . . . . . 6 After-the-fact Fees. . . . . . 4 Grading, Excavating, Filling .15 Rezoning Applicati� Fee . . . 3 Amusement Devices. . . . . . .22 Large Assembly Permits . . . .22 Rip-Rap Application Fee. . . . 4 Animal Impound Fees. . . . . .21 Niechanical Permit Fees . . . .10 Special Improvements Appl. . . 3 Beer, Wine & Liquor License. .21 Nbve/Lift Building Permit Fee.l6 Subdivision Application Fee. . 2 Comnercial Marina License. . .18 Municipal Hookup (Sewer/Water)11 Surcharge for Staff Expense. . 4 Cigarette License. . . . . . .19 On-Site Systems (Septic) . . .14 Vacati� Application Fee . . . 3 Dog License. . . . . . . . . .20 Outhouse Construction. . . . .14 Variance Application Fee . . . 1 Dance (Public) License . . . .22 Parades & Special Events . . .22 Gambling/Raffle License. . . .19 Plumbing Permit. . . . . . . . 9 ; � ORDINANCE NO. 62, SECOND SERIES ' AN ORDINANCE ADOPTING THE 1989 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 44 SECOND SERIES, 49 SECOND SERIES AND 56 SECOND SERIES � The City Council of the City of Orono ordains: Section l. Ordinance Repealed. Ordinance No. 44 Second Series, 49 Second Series and 56 Second Series are hereby repealed. � The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains � the following Fees effective during the calendar year 1989: • SgCTION 1. Fees. � ZONING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the application. Applicable Application Type Fee Code Section VARIANCE $150.00 10.06, Subd 3 (D) (Flexible applications involving more than one variance will require an additional $50 .00 payment per each variance) RENEWAL VARIANCE $ 75.00 10. 06, Subd 3 (D) (No change from original application) CONDITIONAL USE PERMIT (One charge per project) 10.09, Subd 3 Residential Accessory Use (Animals, etc. ) $100.00 Institutional Use (School, Church, etc. ) $150 .00 Duplex Credit (per building) $150.00 Commercial/Industrial Use $250.00 1 ZONING APPLICATIONS (CONT.) Applicable Application Type Fee Code Section CONDITIONAL USE PERMIT Continued (One Charge per Project) 10.09, Subd 3 Land Alteration: $200.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore PRD Application with Subdivision Subdivision Fee plus $30 .00 � per dwelling unit PRD Application without Subdivision $ 35.00 per dwelling unit (minimum $15a.00) PID Applications $150. 00 per acre (minimum $350.00) Renewal Conditional Use Permit 1/2 Current Fee (no change from original application) Conditional Use Permit with Variance $ 50. 00 for each variance After-the-Fact Fees Double Application Fee Resolution 1306 COMMERCIAL SITE PLAN $200. 00 + Consultant Fee SUBDIVISION Sketch Plan (Class I , II , & III) $150.00 11.10, Subd 7 (A) Preliminary Review $250.00 11.10, Subd 10(A) (B) (Class I & II 5ubdivisions) Preliminary Review $300.00 +$20/lot 11.10,Subd 10 (C) (Class III and all non-residential) ($360/3 lots; $380/4 lots) Final Plat Review (Class III) $150 .00 +Special Legal/Engineering Charges 11. 10, Subd 17 (A) (9) Filing Fees: a) Plat only $ 75. 00 11.10, Subd 17 (A) (11) b) Plat + Easements & Covenants $150 .00 Renewal Subdivision Application 1/2 of current fee 2 . ZONING APPLICATIONS (CONT.) Applicable Application Type Fee Code Section PUBLIC PROPERTY VACATION $ 50. 00 per Section 10.11 benefitting property ($250.00 minimum per application) EASEMENT VACATIONS WITH SUBDIVISION $ 50.00 . Section 10.11 APPLICATIONS EASEMENT VACATIONS NOT ASSOCIATED WITH $150.00 Section 10.11 SUBDIVISION APPLICATIONS ZONING AMENDMENT5 INCLUDING REZONING $250.00 Section 10.11 REQUEST TO AMEND COMPREHENSIVE PLAN $250. 00 Section 10.11 SPECIAL IMPROVEMENT5 Section 11.12, Subd 4 Non-refundable charges for City Engineer's review of applications and • design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $600. 00 plus 50�/lineal foot Proposed Public Roads $900.00 plus 50¢/lineal foot Request for City to accept existing $900.00 private road Proposed Sanitary Sewer Main Extension $250.00 plus $5.00 per stub Proposed Watermain Extension $250. 00 plus $5.00 per stub Proposed Storm 5ewer System $200.00 (excluding culverts) On-Site System - Site Evaluation Review $ 30.00 per new lot proposed (applicable to rural subdivision for on-site applications) 3 ZONING APPLICATIONS (CONT.) ' Applicable ' � Application Type Fee Code Section RIP-RAP Staff Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $100. 00 + CUP review b) Repair existing Staff permit = $100 .00 � APPEAL TO PLANNING COMMISSION $100. 00 � 10. 06, Subd 3 (D) (of Administrative decision) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: 0.1$ of project valuation ($250. 00 minimum) plus $5,000.00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCE5S OF APPLICATION FEES Section 10.11 Per Fee Schedule setforth below: Professional Time $ 25. 00/hour Clerical Time $ 15.00/hour Legal/Enqineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and al 1 general permits.) 4 ZONING APPLICATIONS (CONT.) Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be , made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after- the-fact applications shall be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitqte a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Res. 1306 5 ZONING APPLICATIONS (CONT.) . PARR DEDICATION FEES I Section 11. 62, Subd 1 Cash contributions in lieu of land for use in the acquisition, development or maintenance of public parks, playgrounds, storm water holdinq areas and debt retirement in connection with land previously acquired for such public purposes. I. Residential Development - Cash contributions dedicated shall be according to the fol lowing table: 1. Single Family Residential , A B C-1 Single Single Existing Lot Size (Acres/Dwelling Unit) Existing New Residence 5.00 or more 2. 00 to 4. 99 $ 50 $100 $0 1. 00 to 1.99 150 200 0 • . 50 to . 99 350 400 0 .33 to .49 390 440 0 .25 to .32 430 480 0 .16 to .24 470 520 0 .15 to less 510 560 0 550 600 0 6 ZONING APPLICATIONS (CONT.) PARK DEDICATION FEES I Section 11. 62, Subd 1 2. Duplex, Multiple Residential Dwelling Unit Density (The greater of proposed density or zoned permitted density) D E C-2 Duplex Mult. F�xisting (Dwelling Units Per Acre) Per Bldg Per Unit Residences .20 or less $ 250 $150 $0 . 50 to .21 500 300 0 1.00 to . 51 1000 600 0 2.00 to 1. 01 1100 660 0 3. 00 to 2. 01 1200 720 0 4. 00 to 3.01 1300 780 0 6.00 to 4. 01 1400 840 0 ' 6. 01 or more 1500 900 0 K� A Single Family Residence, Existing Vacant Lot: Fee to be paid with building permit for new residence on previously platted property or; if vacant land is subdivided, fee to be paid with subdivision for the one "existing" residential lot. B Single Family Residence, New Lot: Fee to be paid with subdivision for ' each "new" residential lot. C 1 and 2 Existing residential: No fee is required for existing principal residential units. D Duplex Residential : Fee to be paid with building permit or with subdivision, whichever occurs first, for each duplex building (duplex is defined as two attached single family residential units) . Should an existing single family residence be converted to duplex, the fee shall be one half of the schedule amount due with the building permit. E Multifamily Residential: Fee to be paid with building permit or with subdivision, whichever occurs first, for each residential unit in a multifamily (three or more units) building. 7 � F ZONING APPLICATIONS (CONT.) , PARR DEDICATION FEES I Section 11. 62, Subd 1 II. Commercial or Industrial Development - Cash contributions dedicated shall be at the rate of $500.00 per acre of gross land area, to be paid with building permit for principal structure or at the time of subdivision, whichever occurs first. 8 CONSTRIICTION PERMITS AND INSPECTION FEES Applicable Permit Type Fee Code Section BUILDING PERMIT (Ord. 216) Minimum Fee $ 30. 00 Normal Fee (per 1985 UBC/SBC Standard 5chedule) Plan Review Fee: Commercial (per 1985 UBC/SBC Standard Schedule) Residential 65$ of Building Permit Fee Building Valuation Standard (per Current I .C.B.O. Building 5tandards/Building Valuation Data) CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (change in use) $ 30 .00 RETAINING WALLS (in excess of 42" also $ 30. 00 minimum multiple tiered walls that exceed 42" (per 1985 UBC Standard Schedule) and not located in lakeshore protected area) DOCKS - RESIDENTIAL $ 30 .00 DOCKS - COMMERCIAL Per 1985 UBC/SBC Standard Schedule DEMOLITION PERMIT (Ord. 216) Principal Structure $ 50.00 Accessory Structure $ 30.00 PLUMBING PERMIT $ 30.00 minimum per project $ 5.00/fixture $ 3.00/fixture reset Mail-in postage & handling charge $ 1.50 9 CONSTRDCTION PERL�IITS AND IPSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section MECHANICAL PERMIT Minimum Fee for any Mechanical Permit $ 30.00 per project Mail-in postage & handling charge $ 1. 50 Residential, Single Family & Duplex by Unit Type ' -furnace or boiler with flue $ 15. 00 each unit -wood stove with flue $ 15.00 each unit -wood combination or add-on unit $ 15.00 each unit -fireplace with flue $ 15.00 each unit -central air conditioning $ 15.00 each unit -exhaust fans (bath, kitchen, attic, etc. ) $ 15.00 per project -solar space heatinq equipment $ 15.00 each system -solar water heaters $ 15.00 each unit -repairs and replacement of the above same as above -fire sprinkler systems $ 15.00 per project -fuel storage $ 30. 00 permanent or temporary -gas line inspection high/low pressure $ 15.00 Commercial, Industrial and Multi-Family Residential by Unit Type -residential type equipment $ 15.00 per unit -furnace, boilers, unit heaters, and $ 15.00 per 50,000 btuh output makeup air units -central air conditioning $ 15.00 per ton AC -exhaust fans $ 15. 00 per project -refrigeration $ 15.00 per compressor -fixed equipment with steam, hydraulic $ 15.00 per 8 connections or compressed air system -kitchen exhaust vents $ 15.00 -fuel storage $ 15.00 permanent or temporary 10 CONSTRDCTION PERMITS AND INSPI;CTION FBES (CONT.) Applicable Permit Type Fee Code Section SPRINRLER SYSTEMS - COMMERCIAL -fire sprinkler systems $ 2. 00 per head/first 50 heads - . 30 per head after initial 50 Plan Review 1/2 permit fee Surcharge based on valuation . -kitchen fire extinquishing system $ 30.00 per system MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 30.00 Water $ 30.00 5/8" meter including sales tax $114. 48 3/4" meter including sales tax $157. 94 1" meter including sales tax $212.00 larger meter quote basis Mail-in postage & handling charge $ 1. 50 (sewer and water permits only) 11 ALL SANITARY� SBWER CONN$CTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an impro vement is required, the connection charge maybe in addition to � any assessment. ) By District - Project Office Use Only *Credit to Fund � 1963 ST-lA, LS-lA or STl-B, LS1-B $225.00 + $394. 38 per acre 1 + 28. 68 per F.F. 1964 LS-lA or LS-1B $225.00 + $29. 22 per F.F. 1 1965 LS-1 $225.00 + $43. 03 per F.F. 1 1965 LS-lA • $225.00 + $31.41 per F.F. 1 1967 LS-1 * $187. 65 per unit 1 + $18. 74 per F.F. ' 1969 LS-1 Shore Hills $225.00 + $9,296. 74 per unit 1 1969 LS-2 Chevy Chase $6,660 .31 per unit 1 1970 LS-1 Saga Hill $225.00 + $3,561. 94 per unit 1 + 21.88 per F.F. 1971 LS-1 Dunwoody $225.00 + $3,244.24 per unit 1 + 19.93 per F.F. 1973-1 $6,290. 54 per unit 1 + $29.83 per F.F. 1980-1 Minnetonka Bluffs $8,039. 52 per unit 2 West Ferndale/County Road 15 $23 ,499.39 per unit 2 Orono Lane $15,054.30 per unit 2 County Road 15 Marinas $6,267.23 per unit 2 1980-2 North Shore Drive/Scotch Pine Lane $22,157. 87 per unit 2 1981-1 North Shore Drive/Highwood $9,616.45 per unit 2 1982-1A Navarre Utilities $2,049. 05 per unit 3 + $840.95 trunk area 1982-1B Navarre Utilities Northern Avenue $225.00 + $2,213.02 per acre 225.00=1 + 165.98 trunk unit acre/unit=3 1985-1 Crystal Bay $9,720.13 per unit 4 1983-1 Highway 12 Orono-Long Lake-Medina $912. 87 per unit 2 Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 ALL SANITARY S$WSR CONNBCTION CHARG$S (If not previously assessed or if an � improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge maybe in addition to any assessment. ) By District - Project ' An additional fee is charged for properties benefitting from 1984 forcemain and lif t I� station #7 upgrade, as follows (see map for affected areas) : Initital �6 �7 Office Use Only Charge By Pass Eorcemain *Credit to Fund 1. Existing Properties/Increase Previously Previously $370. 68 5 Paid Paid 2. New Bldgs Replacing Previously Previously If usage 5 Existing Bldgs Paid Paid increases from existing $370. 68 3. New Residential W/Existing Previously Previously $1,073.31 5 Paid Paid 4. New Residential Without Stub $225. 00 (1) $165. 98 (3) $1,073.31 (5) 1, 3 & 5 5. Freshwater Biological $225.00 (1) $165 .98 (3) $500/unit on (5) 1, 3 & 5 connection (already assessed $2,000/ac) The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that affected project area. Such connections are subject to City Council approval. Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 13 ALL MONICIPAL WATER CONNSCTION CHARGBS If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge maybe in addition to any assessment) By District - Project _ Office Use Only *Credit to Fund 1967 LW-1 Hiqhway 12/Crystal Bay Road $3,284.90 per unit 1 + $24. 36 per F.F. � 1969 LW-2 Chevy Chase $3,255.38 per unit 1 . 1970 LW-1 Navarre Residential $1, 626.71 per unit 1 + $16.27 per F.F. 1970 LW-1 Navarre Commerical $2,440. 07 per unit 1 + $24.�0 per F.F. 1982-1A Navarro $1,733. 36 per unit 2 ON-SITE SYSTEMS (Ord. 210) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 30 .00/per new lot Residential System Permit: Replace drainfield or replace 1/more tank $ 30. 00 Replace drainfield & replace 1/more tank $ 50.00 NeN Residential System $ 75.00 + $15.00 per each • inspection over 3 Non-Residential System Permit: New or Total replacement $100.00 + $20.00 per each inspection over 4 Partial replacement $ 60.00 + $20.00 per each inspection over 2 Outhouse Construction (New or replacement- Permit Fee & Plan Review Based Big Island Only) on Valuation of Project (per UBC 1985 Standard Schedule) Annual Service Charge $ 20.00/system/year plus An additional full fee for late penalty plus 8 $ interest for unpaid charges certified Section 12.30, Subd 8 (C) Water Connection Charges *Credit to Fund 1) 072-3753-000-00 2) 044-3753-000-004 { I CONSTROCTION PERMITS AND INSPECTION FESS (CONT.) ' Applicable , Permit Type Fee Code Section � WELL PERMITS (Ord. 221) . -Installation of New/Replacement Well $ 30.00 , (covers abandonment of old well) -Well Abandonment (not concurrent with $ 30.00 installation of new/replacement well) GRADING, EXCAVATION, FILLING • - 1-100 cubic yards (max. 10 loads) $ 60.00 (staff permit) (+engineering fee if necessary) ; - 101-999 cubic yards $ 50.00 + Conditional Use Permit + $25.00 per each inspection over lst - 1,000+ cubic yards $100.00 + Conditional Use Permit + $25.00 per each inspection over lst NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. SIGNS Temporary $ 30.00 Permanent (Per 1985 UBC/SBC Standard Schedule) 15 i ' CONSTRDCTION PERMITS AND INSP$CTION FEES (CONT.) Applicable Permit Type Fee Code Section BUILDING MOVING OR LIFTING (Ord. 227) Fees for this activity are in addition to required building or demolition permits. Fees and any necessary surcharges are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. -Lifting accessory buildings $ 30.00 (no move across lot lines) -Lifting principal buildings $ 75.00 + engineering fee if necessary (no move across lot lines) (include pre-lif t inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max. 8' wide/max. 13'-6" high/max. 45' long) -Moving accessory building over any lot $100.00 line, onto or off any lot within Orono (includes oversize loads up to 12' wide and/or 15' high) . -Moving principal buildings over any lot $150.00 line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or term- inating in Orono (includs all over- size loads exceeding 12' wide and/or 15' high) . -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50.00 within Orono b) Building outside Orono to be moved $150.00 into Orono (max. radius 25 miles) � 16 CONSTROCTION PERNIITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section SPECIAL INSPECTION CHARGES ' Site Inspection without permit $ 30 .00 (when called by owner) Inspection surcharge for work or $ 30.00 per trip + boat rental if application on Big Island or transportation is not Deering Island provided by owner Reinspection fee after failure to comply $ 30. 00 per trip + 30.00 per with Building or Zoning Code Correction hour after lst hour Notice - 3rd trip Inspections outside business hours $ 30.00 per hour (min. 2 hours, min. $50.00) FIRE PROTECTION (Ord. 223) Fire Prevention Inspection No Charge Fire Code Permits $ 30. 00 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65$ of permit fee BURNING PERMITS Up to 5 times per year No Charge For Each Reinspection $20.00 More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) 17 . � � � i i I i � CONSTRQCTION PERMITS AND INSP$CTION FEES (CONT.) � Applicable ', Permit Type Fee Code Section CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.00 per month ; (Includes clerical time) r Inspection Charge $ 15.00 per inspection Plan Review Charge SBC/UBC Schedule Clerical Fee (Only charged if clerical $ 15.00 per hopr use is excessive) LICENSES � 1KISCELLANBOOS CHARGES Zoning Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) $300 .00 + slip & boat fees Renewal Application & Inspection Fee $200.00 + slip & boat fees (annual) plus: -each slip on water $ 2. 00 -each dry slip inside or in racks $ 2. 00 -each boat unit on land $ 1. 00 -late fee $150.00 JOINT USE DOCK LICENSE Application Fee (initial) $ 50.00 Renewal Application Fee $ 20.00 Plus each slip $ 2. 00 Late Fee $ 25.00 SEPTIC IN5TALLERS LICENSE - Annual $ 25.00 GARBAGE HAULER LICENSE - flat rate $ 30.00 - per hauler $ 15.00/truck - transfer fee $ 30.00 18 LICENSES & MISCELLANEORJS CHARGFS (CONT.) Applicable Permit Type Fee Code Section HOME OCCUPATION LICENSE $ 30.00 (Annual fee) PUBLIC DUMP LICENSE None Permitted TEMPORARY TRAILERS & BUILDINGS LICENSE $ 30.00 Zoning Department Administered ZONING DEPARTMENT DOCUMENTS � Comprehensive Guide Plan (1980) $ 30.00 Municipal Code Book - Complete (Ch. 1-12 w/revisions) $ 60.00 w/black binder $ 50.00 loose Municipal Code Book - Portions Ch 1 thru 9 (Book 1) w/revisions $ 35.00 loose Ch 10 thru 12 (Book 2) w/revisions $ 35.00 loose Ch 10 only (Zoning Code) w/revisions $ 25.00 loose Ch 11 only (Subdiv. Code) w/revisions $ 15.00 loose Other Individual Chapters $ .25 /page Black Binder $ 5.00 On-Site Design Manual $ 5.00 City Maps $ 2.00 each Building & Planning Publications As Posted - Prices subject to change General Administrative Licenses Cigarette Sales License - per quarter $ 5.00 5.24 Gambling & Raffle License $ 10.00 5.23 Solicitation License $ 20 .00 5.30 Up to 10 Solicitors - $1.00 each additional solicitor in Orono 19 LICENSES & MISCELLANEIOIIS CHARGES (CONT.) ! Applicable Permit Type Fee Code Section General Administrative Documents Listing Information $ 5.00 Assessment Search $ 10.00/parcel Copy Service (for public City records only) -first copy $ 1. 00 -additional copies $ .25 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Documents that $ 2.50 each/ ' have been microfilmed Minimum Charge $10.00 Building Plan Copies and/or Cost of Copying, Messenger Tape Recording Duplication Service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) Dogs & Rennels DOG LICENSES 9•12 Biannual License (issued in odd years) $ 15.00 Annual License (issued in even years only) $ 7. 50 KENNEL LICENSES 5.36 Commercial Application & Inspection Fee $150.00 (Annual) •Residential Application & Inspection Fee $ 25.00 (Annual) NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. 20 LICENSSS � MISCELLAN800S CHARGB�S (CONT.) ' Applicable ' � Permit Type Fee Code Section � DOGS AT LARGE - RELEASE FEE 9.12 First Offense $ 20. 00 Second Offense $ 30.00 Third Offense $ 40.00 (All fees, plus kennel charge, payable to kennel) ANIMALS AT LARGE (Other than dogs) � 9.13 First Offense $ 20.00 Second Offense $ 35.00 Third Offense $ 50.00 Trace & Catch Animal $ 20.00/hour Trailer Charge $ 20.00 plus .25 mile (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost Police Department Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor$500.00 per License Collected at Application In state investigation Actual cost up to $10,000 Out state investigation-actual cost Initial Investigation-Beer/Wine $150.00/person Res. 1306 Off-Sale Liquor License $150.00 4.30 Bond Requirement $5,000.00 On-Sale Liquor License $4 ,000.00 4.30 On-Sale Wine License $750.00 4. 40 3.2 Beer Off-Sale (Annual) $ 25.00 4.20 3.2 Beer On-Sale (Annual) $ 75.00 4.20 Setups (Annual) $100.00 4. 60 Club Liquor License (weekday) $100.00 4. 50 (Sunday) $200.00 4. 50 Temporary Set-up Permit (one day) $ 25.00/each 4�. 61 Temporary Beer Permit (one day) $ 15.00/each 4.21 21 LICENSES AND MISCELLANEOIIS CHARGES (CONT.) Applicable Application Type Fee Code Section Police Department Administered AMUSEMENT DEVICE LICENSES 5.20 Per Establishment (Annual) $100.00 plus machine fee Per Machine Fee $ 25.00 each PUBLIC DANCE LICENSE (Annual) $100.00 " 5.21 (Individual Permit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5. 25 FIREWORKS PERMIT $ 30.00 9.10 FIREARMS DISCHARGE PERMIT OCCASIONAL $ 10.00 9.10 (limited use) Annual (Club Only) _ $ 25.00 LIMITED TRAPPING PERMIT $ 10.00 9.11 Ord. 232 Ord. 243 PERMIT FOR PARADES & SPECIAL EVENTS $ 25. 00 6. 08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50.00 each call (4-10 total) Next 5 false alarms/calendar year $100 .00 each call (11-15 total) Each additional false alarm over 15/ $150.00 each call calendar year 22 � • I � LICENSES AND MISCBLLANSOIIS CHARG&S (CONT.) Applicable Application Type Fee Code Section Police Department Administered FINGERPRINTING SERVICE $ 10.00/application (Citizenship No Charge) COPY SERVICE - Police Records First Two Copies $ 3. 00 . Additional Copies $ 0. 25 each COPY OF ACCIDENT REPORTS $ 3. 00 each COPY OF DRIVER'S LICENSE RECORD $ 3.00 each ' COPY FROM MICROFICHE FILE � First Two Copies $ 5.00 Additional Copies $ .25 each "NO PARRING ORDER OF POLICE" PAPER SIGNS $ 0.25 each (no lathe included) 23 - f � � - ; PIIBLIC WORRS DEPARTMENT MISCEI.LANEODS CHARGES Utility Service Rates - Effective beginning Third Quarter 1986 MUNICIPAL SEWER RATE by unit: lst $ 51.15 per quarter 2nd $ 48. 25 per quarter by flow: $ 2. 90 per quarter per $1.90/1000 gallons Area #1 Area �2 * Area #3 MUNICIPAL WATER RATES Navarre Long Lake � Wayzata Silling & Ready to Serve Chg $12.80/qtr $6. 70/qtr $5.35/qtr Water Usage Rate $ 1.17/1000 gal $2.75/1000 gal $1.40/1000 gal Unconnected Property Chg $12. 80/qtr -0- -0- (ready to serve/hydrant chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate - $12.80/qtr billing charge plus $1.17/1000 gallon total flow at border . meter . Penalty for late payment of sewer/water bills - 15$ after 45 days from billing date. Interest at 8$ on unpaid water/sewer bills certified. Water Turn-On $15.00 Water Turn-Off $15.00 Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost RECYCLING CHARGE $ 9. 00/year *Effective second quarter of 1988 24 � � � POBLIC �ORRS DEPARTI�NT MISCELLANEOIIS CHARGBS (CONT.) GOLF COURSE CHARGES - Effective date 1989 Season Fee Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon lst Nine Holes $ 5.25 2nd Nine Holes � $ 3. 00 Af ter 12 Noon and Weekend Rates lst Nine Holes $ 5. 75 2nd Nine Holes $ 3. 25 League Rates Monday thru Friday $ 5.25 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays lst Nine Holes $ 3. 75 2nd Nine Holes $ 3.00 Weekends - lst Nine Holes $ 5.25 2nd Nine Holes $ 3. 00 Season Ticket (Senior Citizens Only) $100.00 Golf Cart Rental Motorized lst Nine Holes $10.00 2nd Nine Holes $ 8.00 Pull Carts - Per Round $ 1.00 Golf Clubs - Per Round $ 2.00 Concessions As Posted 25 _ � � � PQBLIC WORRS DEPARTMSNT MISCELLANEOOS CHARGES (CONT.) PUBLIC WORRS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75.00/std. sign (sale includes installation) Driveway Culverts On Quote Basis (sale on�y, not installed) Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lathe) � $ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (See zoning section - special improvement fees) SECTION 2. This ordinance establishing the 1989 fee schedule shall be published in the Laker and Pioneer Newspaper and shal 1 be effective the week of January 16, 1989. Adopted by the City Council of the City of Orono on this 9th day of January, 1989. ATT T: � � 1' _ othy Hallin, City Clerk Jame R. Grabe , ayor 26 11089. 6 ORDINANCE ,�TO. 63 , SBCOND SBRIES AN ORDINANCE AMF.NDING ORDINANCE NO. 5.36 SIIBD. 3 ADOPTED APRIL 1, 1984, AND $NTITLED "AN ORDINANC$ RELATING TO R$NNELS.' The City Council of Orono ordains: Ordinance No. 5.36 Subd. 3 adopted April 1, 1984, and entitled "Rennels Subd. 3. License Period." is amended to read: Subd. 3. License Period. All kennel licenses shall expire on December 31, of each year. Application for renewal of an existing kennel license shall be made to the City Clerk at least thirty (30) days prior to the expiration date. This ordinance becomes effective on January 30, 1989 after its publication. Passed by the council this 23rd day of January 1989. � � % . James R. Grab , ayor AT T: Edward J. C ahan, Jr, Acting Mayor / c thy allin, City Clerk Publish the week of January 30, 1989 in the Laker/Pioneer newspaper. ORDINANCE NtT1�ER 64, SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY LISTING THE LEGAL DESCRIPTION OF A CERTAIN PROPERTY WITHIN THE CITY REZONED FROM RR-1B TO R-lA THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section l. The municipal code of Orono is hereby amended by amending the official zoning ' map and zoning use district boundries for property legally described below: � That part of 'a property located in the east half of the northwest quarter of Section 34, Township 1 18, Range 23, described as follows: That part lying north of a line drawn 1, 115 feet south of and parallel with the north line of the east half of the northwest quarter of Section 34. To be hereby rezoned from the RR-1B Rural Single Family Residential District to R-lA, Single Family Residentail District. Section 2. This ordinance shall be published in the Laker/Pioneer newspaper and shall be effective upon publication. � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the lOth day of October , 1988. Jame R. Grabe , or ' ATT T: D othy M Halli� , City Clerk 42189. 2 pgDINANCg li1OMggg 65 , SECOND SBRISS AN ORDINANCE AMENDING ORDINANCE NO. 62, SECOND SERIES ADOPTED JANUARY 9, 1989, AND ENTITLED "1989 FEE SCHEDULE, GOLF COURSE CHARGES" . The City Council of Orono ordains: Ordinance Number 62, Second Series adopted January 9, 1989, and entitled "1989 Fee Schedule, Golf Course Charges" is amended to read: PIIBLIC WORRS DEPARTMENT MISCELLANEOIIS CHARGES GOLF COURSE CHARGES - Effective date 1989 Season Fee Before 12 Noon Weekdays except Holidays lst Round $ 5.25 2nd Round 3. 25 After 12 Noon Weekdays and Weekends lst Round $ 5.75 2nd Round 3.25 Senior Citizen $ 3. 75 League Play 5.25 Senior Citizen Season Ticket $100.00 This ordinance becomes effective May 8,, 1989. Passed by the council this 24th day of April, 1989. r,,_�----- James R. Grabek, or � AT ST: . . D rothy . allin, City Clerk Published in the Laker and Pioneer Newspaper on the 8th day of May, 1989. � - ORDINANCE NO. 66 , SECOND SERIES AN pRDINANCE AMENDING S$CTION 2.05 OF ORDINANCE NIIMBER 2 ADOPTSD APRIL 1, 1984, AND BNTITLED 'AN ORDIHANCE RELATING TO COIINCIL pROCEDIIRES AT REGQI.AR MSETINGS.' The City Council or Orono ordains: Section 2.05 of Ordinance Number 2 adopted April 1 , 1984, and entitled "An Ordinance Relating to Council Procedure at Regular Meetings" is amended to read: COIINCIL PROCEDIIR$ AT RSGIILAR MEETINGS. The City Clerk shal 1 prepare the fol lowing items: (1) an agenda for the forthcoming meeting ; (2) a report from the City Administrator on administrative activities of the preceding month; (3) a compiled list of all claimants who have filed verified accounts claiming payment of goods or services rendered the City during the preceding month, such list to be called the "Claim Report" and bearing headings "Claimant", "Purpose", and "Amount"; and, (4) a copy of all minutes to be considered. The City Clerk shall forthwith cause to be delivered or mailed to the Mayor and each Council member copies of all said documents. Roberts' Rules of Order (Newly Revised) shall govern all Council meetings as to procedural matters not set forth in the City Code. The order of business at regular meetings shall be as follows: 1. Call to Order. 2. Roll Call. 3. Determination of Quorum. 4. Consent Agenda. Routine items approved on one motion in the absence of a request for discussion. 5. Approval of Minutes. (Actual reading shall be waived in the absence of demand for reading.) 6. Reports from Boards and Commissions. 7. Meeting Opened to the Public. The presiding officer shall limit the time allowed. Persons speaking shall give their name, address, and state their business. This shall be limited to items not already on the agenda. 8. Report by Zoning Administrator. 9. Report by City Engineer. 10. Reports of Mayor and Council Members. 11. Report by City Administrator. 1 12. Report by City Attorney. 13. Licenses and Permits. 14. Payment of Claims and Appro val for Payment of Claims and Appropriations. 15. Adjournment. Matters inappropriate for consideration at a meeting, or not in the order specified, shall not be considered except (1) with the unanimous consent of the members of the Council, or (2) scheduled public hearings or bid lettings at the time stated in the notice. All requests for placement on the agenda, including payments, must be filed seven days preceding the regular Council meeting at which it is to be considered. Passed by the Council this 24th day of April, 1989. � �- Jame R. Grabek, yor AT ST: �^^ • � J� J othy Hallin, City Clerk Publish in the Laker/Pioneer newspaper the week of May 8, 1989. 2 5289. 4 , ORDINANCE NQMBBR 67 , SECOND SERIES SIINIlKARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 67 , Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary wil 1 clearly inform the public of the intent and effect of the ordinance. � ORDIIQANCE NO. 67 r S$COND SERIES N AN ORDINANCE PROVIDING FOR A CHANGE IN LAND USE REGULATIONS WITH THE ADDITION OF PLANNED UNIT DEVELOPMENT (PUD) The following is the official summary of Ordinance No. 67, Second Series approved by the City Council of the City of Orono on April 24, 1989: The City of Orono Land Use Regulations are amended to include: Section 10.40 Definition only Section 10.45 B-6 Highway Commercial District - Section 10. 52 Special Requirements Highway 12 Corridor Section 10. 53 Planned Unit Development (PUD) A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of May 22, 1989. - Adopted by the City Council of the City of Orono on this 8th day of May, 1989, by a vote of 5 ayes and 0 nays. � � ". �`',� l James R. Grabek, Mayor AT ST: _�� . othy Sallin, City Clerk � r .�� , .' � ORDINANCE NiJi�ER 67 , SECOND SERIES AN ORDINANCE AMENDING SECTION 4 (C) OF ORDINANCE 10.40 ADOPTED APRIL 1 , 1984 , AND ENTITLED "B-1 RETAIL SALES BUSINESS DISTRICT" AND ADDING SECTIONS 10.45 B-6 HIGHWAY COMMERCIAL DISTRICT, SECTION 10.52 SPECIAL REQUIREMENTS HIGHWAY 12 CORRIDOR AND SECTION 10. 53 PLANNED UNIT DEVELOPMENT (PUD) The City Council of Orono ordains : Subd. 4 (C) of Section No. 10.40 adopted April 1 , 1984, and entitled "B-1 Retail Sales Business District" is amended to read: C. Restaurants (Class I) . Food is served to customer while seated at counter or table. Cafeteria - Food is selected by a customer while going through a line and taken to a table for consumption. Neither live entertainment nor intoxicating liquor sales are permitted in Restaurants (Class I . ) SSCTION 10.45 B-6 HIGSWAY CO1�Il�ILRCIAL DISTRICT Subd. l. Purpose. The purpose of the B-6 Highway Commercial District is to provide a commercial district specifically tailored to accomplish the commercial development objectives of the Highway 12 Corridor Study Section of the Orono Comprehensive Plan. Subd. 2. Application. All applicants for a building permit in any "B-6" Highway Business District shal 1 be reviewed by the Council and referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any "B-6" Highway Business District, no structure or land shal 1 be used except for one of the following uses or uses deemed similar by the Council. A. Offices (business and professional) . B. Banks and financial institutions. C. Libraries. 1 ' c ' � r � t D. Motels, and hotels. E. Restaurants (Class I) . Subd. 4. Relationship with Chapter 10.53 Planned Unit Development. Other types of commercial uses and mixed use developments may be applied for through the planned unit development process. Applications that include commercial uses within the Highway 12 Corridor shall assume the B-6 District as the underlyinq zoning district. Conditional Use A. Within any "B-6" Highway Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Any business listed as a permitted use in the zone that includes a drive-thru condition. Subd. 5. Accessory Uses. Within any "B-6" Highway Business District, the following uses shall be permitted accessory uses: A. Any accessory use as regulated in the "B-1" Business District. Subd. 6. Area, Height, Lot Width, Setback Requirements and Design Requirements. The following minimum requirements shall be observed subject to additional requirements and exceptions contained in Section 10.52 of this Title. A. Lot Area two acres B. Lot Width 100 ft. C. Setback - Principal Structure Front 30 (35) ft. * Side Interior 10 (35) ft. Side Street 30 (35) ft. Rear 30 (35) ft. 2 - D. Setback - Accessory Structure Front 30 (35) ft. * Side Interior 10 (35) ft. Side Street 30 (35) f t. Rear 30 (35) f t. E. Setback - Parking Front 15 (20) ft. Side Interior 5 (10) ft. Street Side 10 (15) ft. Rear 10 (10) ft. Setbacks in parentheses apply adjacent to all residential districts. *30 (35) feet or 1 1/2 times the building height whichev er is greater in determining front setbacks for principal and accessory structure only. F. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission and Council for approval. Such runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. G. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. H. At least twenty five percent (25$) of the land area shall be landscaped with grass, approved ground cover, shrubbery • and trees. At least three percent (3$) of the land area within a parking area shall be landscaped. 3 The following minimum sizes shall be required at the time of planting: Overstory Deciduous Trees 2-1/2 inches in diameter Ornamental Trees 1-1/2 inches in diameter Coniferous Trees 6 feet tall Major Shrub Plantings 5 gallons I. All trash and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye-level view from public streets and adjacent residential properties. If accessory structures are proposed, they shall be constructed of the same building material as the principal structure and be readily served through swinging doors. J. Garages, accessory structures, screen walls and exposed areas of retaining wal ls shal l be of simi lar type, quality and appearance as the principal structure. K. The ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets , or designed to be compatible with the architectural treatment of the principal structure. L. External loading and service areas must be completely screened from the ground level view from contiguous residential or commercial properties and adjacent streets, except at access points. M. The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows. SECTION 10.52 SP$CIAL REQIIIREMENTS FOR REZONING IN THE HIGHWAY 12 CORRIDOR STODY AREA. • Subd. 1. Minimum Area. 4 To insure consistency with the goals and objectives of the Highway 12 Corridor Study, applications for rezoning within the study area must include a minimum of five acres. The plans submitted along with these applications must also include enough information reqarding the effect of the proposed development on surrounding parcels to insure that the property can be developed in a manner that is both compatible with adjacent properties and consistent with the Highway 12 Corridor Study. Subd. 2. Access and Circulation Plan. The plans submitted along with the application must propose access to the proposed development which is consistent with the Transportation Planning Objectives of the Highway 12 Corridor Study. Al1 public easements and road right of way that is needed to allow the construction of service roads and/or the expansion of Trunk Highway 12 past the subject property, shall be dedicated to the City. Subd. 3. Sanitary Sewer Availability. The available sanitary sewer capacity to serve the development of this corridor is currently very limited. Therefore, any plans to develop within this area must either demonstrate that it can occur utilizing current sewer allocations or they must include improvements to increase the capacity of the systems serving this area. If sanitary sewer system improvements are proposed as part of the application, then the feasibility of providing this service will also be scrutinized along with an improvement financing plan to insure that the costs associated with providing this additional capacity wil 1 be paid for by the development. Subd. 4. Storm Water Management. Site Drainage plans must be submitted to insure consistency with the Storm Water Management objectives of the Highway 12 Corridor Study. Plans will be carefully reviewed to insure both that proposed storm water ponding areas contain sufficient storage capacity and whatever additional measures are necessary to guarantee that the quality of runoff from the site, meets or exceeds the City's standards. Subd. 5. Available Zoning Districts . 5 " Due to the unique set of constraints and opportunities that affect future decisions regarding development within the Highway 12 Corridor Study Area, applicants for rezoning are strongly encouraged to utilize the planned unit development approach, outlined in Section 10 of the Orono Zoning Ordinance. However, applications will be accepted for rezoning requests for any of the following existing zoning districts within the City, consistent with a finding of consistency with the Highway 12 Corridor Study and subject to compliance with all of the additional requirements established in this section: B-6 Highway Commercial District PRD Planned Residential Development R1A One Family Residential District R1B One Family Residential District M6 Multiple Family Planned Residential District Any proposal which requires a modification to zoning or subdivision reguirements must be done as a Planned Unit Development. Subd. 6. Building Design and Construction. In addition to other restrictions of this Chapter , the use, construction, alteration or enlargements to any building or structure within the c3istrict shall meet the following standards: A. All exterior wall finishes on any building shall be: (a) Face brick, or (b) Natural stone, or (c) Special ly designed precast concrete units if the surfaces have been integrally treated with an applied decorative materials or texture, or (d) Factory fabricated and finished metal framed panel construction, if the panel materials be of any of those noted in items a, b and c above, or glass. (e) Other materials as may be approved by the Council. Combinations of such materials shall be permitted. 6 � B. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. C. No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. Subd. 7. Requirement of Development Agreement. All development permits authorized within the Highway 12 Corridor Study Area shall be subject to the execution of a development agreement. Said development agreement shall clearly identify the timing of all of the public improvements associated with the development and the developers' financial commitments related to these improvements. The agreement shall also include any and all other conditions of approval deemed necessary to insure compliance with the Special Minimum Requirements for Rezoning the Highway 12 Corridor Study Area, as well as the goals and objectives of the Highway 12 Corridor Study. � � SECTION 10.53. PLANNL�D IINIT DEVELOPMENT (PIID) Subd. 1. Authorization: Planned unit development authorization may allow: A. Variety: Within a comprehensive site design concept a mixture of land uses, housing types and densities. B. Sensitivity: Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with conventional zoning, planned unit development can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics. C. Efficiency: The consolidation of areas for recreation and reductions in street lengths and other utility related expenses. D. Density Transfer : The project density may be clustered, basing density on number of units per acre versus specific lot dimensions. E. District Integration: The combination of uses which are allowed in separate zoning districts such as: 1. Mixed residential allows both densities and unit types to be varied within the project. 2. Mixed residential with increased density acknowledging the greater sensitivity of PUD projects, regulation provides increased density on the property if a PUD is utilized. 3. Mixed land uses with the integration of compatible land uses within the project. F. Applicability: Utilization of this zoning district is limited to the Highway 12 Corridor as set forth in the City of Orono's Comprehensive Plan Amendment #2 adopted May 23, 1988. � Subd. 2. Allowed Uses: Uses within the PUD may include only those uses designated on the official Comprehensive Land Use Plan. Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan. The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses with the acceptance of the development plan. Any change in list of uses presented in the development plan will be considered an amendment ' to the PUD and will follow the procedures specified in Subd. 6 of this Title. Subd. 3. Required Standards : For the purpose of administering this ordinance, the City shall apply the standards contained in the conventional zoning district that is most similar to the proposed development. In the event of mixed-use developments, the Zoning Administrator shall determine the appropriate underlying zoning standards, subject to the approval of the City Council. Furthermore, the City shall consider the proposed PUD from the point of view of all standards and purposes of the Comprehensive Land Use Plan to achieve a maximum coordination between the proposed development and the surrounding uses , the conservation of wood lands and wetlands, the protection of health, safety and welfare of the community and resident of the PUD. To these ends, the City Council shall consider the location of the buildings, compatibility, parking areas and other features with respect to the topography of the area and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the adequacy and location of green areas; the adequacy, location and screening of parking areas; and such other matters as the Council may find to have a material bearing upon the stated standards and objectives of the Comprehensive Land Use Plan. Subd. 4. Coordination With Subdivision Regulations: Subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the PUD. The plans required under this Chapter shall be submitted in a form which will satisfy the requirements of the subdivision ordinance for the preliminary and final plat. Subd. 5. Revisions and/or Changes A. Minor changes in the location, placement and height of structures may be authorized by the Development Review Committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the Zoning Administrator. B. Changes in uses: Significant changes in the location, size, or height of structures, any rearrangement of lots, blocks and building tracts, changes in the provision of common open spaces, and all other changes to the approved final development plan may be made only after a public hearing conducted by the Council. Any changes shall be recorded as amendments to the recorded copy of the final deve lopment plan. C. All of the provisions of this Title applicable to the original district within which the Planned IInit Development District is established shall apply to the PUD District except as otherwise provided in approval of the final � plan. D. Review: If substantial development has not occurred within a reasonable time after approval of the PUD Zoning District as set forth in the Developer's Agreement, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district. It shall not be necessary for the City Council to find that the rezoning was in error . Subd. 6. Phasing and Guarantee of Perf ormance A. The Planning Commission shall compare the actual development accomplished in the various PUD zones with the approved development schedule. B. Upon recommendation of the Planning Commission and for good cause shown by the property owner , the Council may extend the limits of the development schedule. C. The construction and provision of all of the common open space and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units , if any. The Development Review Committee shall review all of the building permits issued for the PUD and examine the construction which has taken place on the site . If they find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided , they shall forward this information to the Council for action. D. A letter of credit shall be required to guarantee performance by the developer. The amount of this letter of credit, and the specific elements of the development program that it is intended to guarantee, will be stipulated in the development agreement. Subd. 7. Control of Planned Unit Development Following Completion. A. After the certificate of occupancy has been issued, the use of the land and the construction, modification or alteration of any buildings or structures within the planned development shall be governed by the final development plan. B. After the certificate of occupancy has been issued , no changes shall be made in the approved final development plan except upon application as provided below: 1. Any minor extensions , alterations or modifications of existing buildings or structures may be authorized by the Development Review Committee if they are consistent with the purposes and intent of the final plan. No , change authorized by this Section may increase the cube of any building or structure by more than ten percent (10�) . 2. Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under Section 10.53 Subd. 5. 3. Any other changes in the final development plan must be authorized by an amendment of the final development plan under Section 10.53 Subd. 5. Subd. 8. Procedure for processing a Planned Unit Development. A. Application Conference : Upon filing of an application for PUD, the applicant of the proposed PUD shall arrange for and attend a conference with the Zoning Administrator. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his proposal for the area for which it is proposed and its conformity to the provisions of this Title before incurring substantial expense in the preparation of plans, surveys and other data. 1. Purpose: The general concept plan provides an opportunity for the applicant to submit a plan to the City showing his basic intent and the general nature of the entire development without incurring substantial cost. The plan shall include the following: a) . Overall maximum PUD density range. b) . General location of major streets and pedestrian ways. c) . General location and extent of public and common open space. d ) . General location of resic3ential and nonresidential land uses with approximate type and intensities of development. e) . Staging and time schedule of development. f) . Other special criteria for development. 2. Schedule: a) . Developer meets with the Zoning Adminsitrator to discuss the proposed developments. • b) . The applicant shall file the concept stage application and preliminary plat, together with all supporting data. c) . Within thirty (30) days after verification by the Zoning Administrator that the required plan and supporting data is adequate , the Planning Commission shall hold a public hearing. d) . The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description, description of request, and be publishec7 in the official newspaper at least ten (10) days prior to the hearing and written notification of the hearing shall be mailed at least ten (10) days prior thereto to owners of land within three hundred fifty feet (350') of the boundary of the property in question. e) . The City may request additional information from the applicant concerning operational factors or retain expert testimony at the expense of the applicant concerning operational factors. f) . The Council may hold a public hearing after the receipt of the report and recommendations from the Planning Commission. If the Planning Commission fails to make a report within sixty (60) days after receipt of the appl ication, then the City Counci 1 may proceed without the report. The Council rnay approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a four-fifths (4/5) vote of the entire Council. 3. Development Stage: Fol lowing general concept approval, if given, the applicant shall submit the development stage application and final plat. The applciation shall proceed and be acted upon in accordance with Section 10.53 Subd. 8(d) for zoning district changes. If appropriate because of the limited scale of the proposal , the concept stage and development stages may proceed simultaneously. 4. Applications: Ten (10) copies of the following exhibits, analysis and plans shal 1 be sumbitted to the City: General Concept Stage: a) . Prel iminary plat and information requi red by subdivision Title. b) . General Inforamtion: .- (1) The landowner' s name and address and his interest in the subject property. (2) The applicant's name and address if different from the landowner . (3) The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor . (4) Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal , beneficial , tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report, and such other evidence as the City Attorney may require to show the status of title or control of the subject property. c) . Present Status: (1) The address and legal description of the property. (2) The existing zoning classification and present use of the subject property and all lands within one thousand feet (1 , 000' ) of the property. (3) A map depicting the existing development of the property and all land within one thousand feet (1,000') thereof and indicating the location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within one hundred feet (100 ' ) of the property. (4) A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand showing its relationship to the City's Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City. (5) Site Conditions: Graphic reproductions of the existing site conditions at scale of one inch ,, equals one hundred feet (1" = 100' ) . (a) Contours; minimum two foot (2' ) intervals. (b) Location, type and extent of tree cover . (c) Slope analysis. (d) Location and extent of water bodies , wetlands and streams and flood plains within three hundred feet (300') of the property. (e) Significant rock outcroppings. (f) Existing drainage patterns. (g) Vistas and significant views . (h) Soil conditions as they affect development. All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference . (6) Schematic drawing of the proposed development concept including but not limited to the general location of major circulation elements, public and common open space, residential and other land uses. (7) A statement of the estimated total number of dwelling units proposec7 for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following: (a) Area developed to residential uses. (b) Area developed to residential use by building type. (c) Area devoted to common open space. (d) Area devoted to public open space. (e) Approximate area devoted to streets . (f) Approximate area devoted to, and number of, off-street parking and loading spaces and related access. (g) Approximate area, and f loor area, devoted to commercial uses. (h) Approximate area, and f loor area, devoted to industrial or office use. (8) When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such state and overall chronology of development to be followed from stage to stage. (9) When the proposed PUD includes provisions for public or common open space or service facilities , a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. (10) Any restrictive covenants that are to be recorded with respect to property included in the proposed PUD. (11) Schematic utilities plans indicating placement of water , sanitary and storm sewers. (12) The City may excuse an applicant from submitting any specific item of information or document required in this stage which it finds to be unnecessary to the consideration of the specific proposal. (13) The City may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD. d) . Development Stage: Development stage submissions should depict and outline the proposed implementations of the general concept stage for the PUD. Information from the general concept stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include but not be limited to: (1) A final plat and information required by the City subdivision Title. (2) Ten (10) sets of prel iminary plans drawn to a scale of not less than one inch equals one •' hundred feet (1" - 100') (or scale requested by the Administrator containing at least the fol lowing information) : (a) Proposed name of the developemnt (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the county where the subject property is situated) . (b) Property boundary lines and dimensions of the property and any significant topographical or physical features of the property. (c) The location, size, use and arrangement including height in stories and feet and total square feet of ground area converage and floor area of proposed buildings, and existing buildings which will remain, if any. (d) Location, dimensions of all driveways, entrances , curb cuts , parking stalls , loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements. (e) Location, designation and total area of all common open space. (f) Location, designation and total area proposed to be conveyed or dedicated for public open space , including parks , playgrounds, school sites and recreational facilities. (g) Proposed lots and blocks , if any and numbering system. (h) The location, use and size of structures and other land uses on adjacent properties. (i) Detailed sketches and provisions of proposed landscaping. (j) General grading and drainage plans for the developed PUD. (k) Any other information that may have been required by the P lanning Commission or Council in conjunction with the approval of the general concept plan. . (3) An accurate legal description of the entire area within the PUD for which final c7evelopment �,� . . , � . plan approval is sought. (4) A tabulation indicating the number of " residential dwelling units and expected population. (5) A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.t. drug store , dry cleaning, supermarket) . (6) Preliminary architectural "typical" plans indicating use , floor plan, elevations and exterior wall finishes of proposed building, including mobile homes. (7) A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements , rights of way, utitility lines and facilities, lots, block, public and common open space , general landscaping plan, structure, including mobile homes, and uses. (8) Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan. (9) A preliminary plat prepared in accordance with the Subdivision Ordinance. (10) A soil erosion control plan acceptable to watershed districts, Department of Natural Resources, Soil Conservation Service , or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. Adopted by the City Council of the City of Orono on this 8th day of May, 1989, by a vote of 5 ayes and 0 nays. ATTEST• Jame R. Grabek, ayor . r . Do ot y M. i , City C er ORDINANCE # 68 , S$COND S$RIES AN ORDINANCE AMENDING ORDINANC$ NO. 62, SECOND SffitIBS ADOPTED JANQARY 9, 19 8 9, AND 13NTITI�ED '1989 FEE SCHEDIILE. ZONING APPLICATIONS The City Council of Orono ordains as follows: Ordinance No. 62, Second Series adopted January 9, 1989, and - entitled "1989 Fee Schedule, Zoning App lications" is amended to read: CONDITIONAL USE PERMIT (one charge per project) Residential Accessary Use (animals, etc. ) $100.00 10.09, Subd 3 Institutional Use (school, church, etc. ) 150.00 " Duplex Credit (p�r building) 150.00 " Commercial/Industrial Use 250.00 " Land Alteration: 200.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75 ' lakeshore Renewal Conditional Use Permit 1/2 current fee (no change from original application) � Canditional IIse Permit with Variance 50.00 for each variance � After-the-Fact Fees Double Application Fee Res. #1306 ZONING AMENDMENTS INCLUDING REZONING $250.00 § 10.11 P.II.D. Rezoning 10.53 Residential . 250.00 Commercial/Industrial 150.00 per acre (minimum 350.00 ) This ordinance becomes effective May 22, 1989. Adopted by the City Council of Orono on this 8th day of May, 1989, by a vote of 5 ayes and 0 nays. ADOPTED BY: � , AT T: � Jame R. Grabek, ayor �^ ' . / s ) othy M. Hallin, City Clerk Pub ished in the Laker and Pioneer Newspaper on the 22nd day of May, 1989. ,_ _ .. 62089. 2 ORDINANCE NQN�ER 69 , S13COND SERIES AN ORDINANCE AMENDING SECTIONS 4.31 LIQUOR LICENSE RESTRICTIONS AND REGULATIONS - OFF-SALE LIQUOR AND WINE, SUBD. 18; 4.32 HOURS AND DAYS OF LIQUOR SALES, SUBD. 2; AND 4.33 SUNDAY SALES , OF ORDINANCE NO. 32, SECOND SERIES ADOPTED MARCH 17, 1987, AND ENTITLED "INTOXICATING AND NON-INTOXICATING LIQUOR LICENSING AND REGULATION." The City Council of Orono ordains: Ordinance No. 32, Second Series adopted March 17, 1987, and entitled "Intoxicating and Non-Intoxicating Liquor Licensing and Regulation" is amended to read: Section 4 .31 . Liquor License Restrictions and Regulations - Off-Sale Liquor and Wine. Subd. 18. An off-sale licensee may provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offered to the general public without obtaining an additional license providing that tfie wine, liqueur, and cordial samples are dispensed at no charge and consumed on a licensed premise during the permitted hours of off-sale in a quantity less than 100 milliliters of malt liquor per variety per customer, 50 milliliters of wine per variety per customer, and 25 milliliters of liqueur or cordial per variety per customer. Section 4.32. Hours anc3 Days of Liquor Sales. Subd. 2. Off-sale. No off-sale of liquor shall be made before 8:00 o'clock A.M. or after 8; 00 o'clock P.M. of any day, except Fr iday and Saturday on which days may be made unti 1 10: 00 o'clock P.M. No off-sale shall be made on Thanksgiving Day; or Christams Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off-sales may be made until 10: 00 o'clock P.M. Section 4.33. Sunday Sales. Notwithstanding anything herein to the contrary, a Sunday on-sale license may be issued to hotels, motels and restaurants, as herein defined, which have on- sale liquor licenses, to serve liquor between the hours of 10:00 o'clock A.M. Sunday and 1:00 o'clock A.M. Mondays in conjunction with the serving of food , provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. �►° ^ t This ordinance becomes effective after its passage and publication on July 3, 1989. Passed by the council this 26th day of June 1989. � Jam R. rabe , Mayor ATTEST: o � J • 0 othy Hallin, City Clerk Published in the Laker/Pioneer newspapers the week of July 3, 1989. � - � 8989. 9 C ORDINANCE NQMBER 70 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 62, SBCOND SERIES ADOPTED w JANUARY 9� 1989� AND ENTITLED "1989 FEE SCHEDIILE, ALL SANITARY SEWER CONNECTION CHARG$S." The City Council of Orono ordains: Ordinance Number 62, Second Series adopted January 9, � 1989, and entitled "1989 Fee Schedule, All Sanitary Sewer � Connection Charges" is amended to include: . ALL SANITARY SEWER CONNECTION CHARGES An additional fee is charged for properties benefitting from 1 989 Lift Station #10 By—Pass, as follows (see map for affected area) : � � Property not already having a service stub $1,941. 62 ` or paid for sewer in the past. = This ordinance becomes effective upon publication. _ Passed by the council the 14th day of August, 1989. Jame R. Grabe , ayor ATT T: e P , orothy Hallin, City Clerk Publish in the Laker and Pioneer newspaper the week of August 21 , _ 1989. � � - � _ ORDINANCE 71 Seccnd Series An Ordinance amending ordinance 9. 14, Subd. 1 ,2,3,4,5, entitled Curfew. The City Council of the City of Orono ordains ordinance number 9. 14, Subd. 1 ,2,3,4,and 5 respectively and entitled Cur#ew is amended to r�ad: 5ubd. 1. Curfew - Juveniles, age 14 ar�d yo�tn�Er; It shall be unlawful for ar�y juvenile fourteen (14) years of �,ge or yciinger to be on or prasent u�,on any public street, alley, park, playgrcund, or ala�e apen ta the public, or ti�ce cf amus�ment and zntertainment , vacant i�t, ar other ��nsupervi sed pi a�e i n tt-�e Ci ty �et.�een t�e ha��rs of ten o'c2 ock t 1fJ:��) P.M. and f ive o'cl fl�k t5;���?) A.M. of the foll�wing day. This Sectian shall nat apply wh�n the juvenila is accampanied tay the 3uvenile's parent, g�ardian, or- att-s�r ad�l t person h,avi ng autFori zed care, custody or cont�-�►i �f siich juvenile.� Subd, �, Cur-Few - Juveniles, age i5 through 17; It shall be unlawful for any J�►venile fifteen (15) , sit,teen tib7 , c,r seventeen (17) years of age to loiter, idle, wander, ar play in or upon any public street, avenue, alley, partc, playground, or place open to the public, or place of amusement and ent�rtainment, wacant Iot, or other ' uns�.ipervised place in the City aetween the _hours of twelve o 'cl��c�c (2�: ��) midnigt-it �nd five o'clock (S:�n> A.M. This Secti on 5t-,al I n�t �ppl y w5�n the juveni 1 e i s acccrr�pani ed by the �uvenile's �ar�nt, gi�ardian, or othcr adult person havir.� 3uthorized c�re, custody or contro2 af such juvenile. 5�bci. �=�. Curfew - Liability of Par�nt (s? : It shall i�e unlawfu� for any parent, guardian, or atr¢r adult persan �,aving authc�rized care, �ustady, c�r control of any juvenile �ander age eic}hteen tis) , to knowingly p�rmit su�h juvenile to vi ol at� the provi si ons of S�cbd. 1 or 2. Subd. 4. Curf�w - Li��ility rf Pro�rietor: it shall be uniawful for any person operating or in charge of any place of amusement, entErtainment, or refreshment, or other place of business, to icnowingly permit any juvenile under the age of eighteen (18? years to loiter or id3e in such place contrary to the provisians of Subd. 1 or Subd. �2, and such persan shall immediately order such juvenile to 2eave. I-F s�tch juvenile refuses t� Ieave such place, such persan shall immediately notify the Orono Police Department of tt�e vialation, � - - - - .� ,- � - - . _ - -- -- _ .___° � - - - - - ..;;_. �_ _ ,, ,�.:�...�__ _.__..,_ -;�.:,�:-' - . . , . � ..._:. - - -- - ;�. . � =- . -. . ,_ - . .�-,,=- ,s �_ - -. :�r`�'-- . � . .� Subd. �. Ciirfew - Exceptions: Such curfew shall not apply �o any students under the age of eighteen years w�o are iawfully attending, going to or returning from school � church or community sponsored athletic, musi�al ar socia2 activities o� events. 5ubd. b. Cur�few - Fenalties: 1. Rny .juvenile under the age of eighteen (18? years found on or in any public street, avenue, alley, y�ark, or a�tt-�er ;�l�ce, in viola�ion of Subd. 1 and Subd, �, m�y be ser�t cr taken hc�te ar piaced +�nder preper custcdy by any ¢ol i rA of T i r_�r o-F the C�r�no Foi i ce �epartment. " s;ny juv�r!ile who �rioiates t;�e provisions �f ���6d. 1 or S�Dd. i shall I�e deemed a ju�enile offendPr as d�fin�d try Minnesvta Statute. _ . Ar�y juveniie, �uardi3n, or other a�ult p�rscnis} who violates the provisions of S��d. �= shall he g��ilty of a petty misderneanvr. 4. Any propriet�r andlor emplo��ee{s) who vioiat?s tt�e provi si ons of Subd. 4 shal l tae gui 1 ty of a petty misdemeanor. � Passed by the Council this 14th�ay of Aug�lst, 1989. ---- --- - -- -- ---------- J mes Grabek , ayor att t: -- - -� ' - - orott�y � a lin, City Clprk , ' ; ` Y - ORDINANCE #72, SECOND S$RIES AN pRDINANCE AMENDING THE ORONO MONICIPAL CODB BY R$GDLATING � THE LOCATION, AREA, AND HEIGHT OF LARGE ACCBSSORY STROCTUR$S The City Council of Orono ordains as follows: S$CTION 1. Chapter 10 of the Municipal Code of Orono is hereby amended by repealing Section 10.03, Subdivision 9 (C) and adding a new Section 10.03, Subdivision 9 (C) to read as follows: C. Area Restrictions. In all "R" districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS ) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the fol lowing non-roofed accessory structures which exceed 1,000 s.f. footprint area are not considered as "Oversize Accessory Structures", but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts - Pools, when pool basin structure (excluding non- encroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas 2. Oversized Accessory Structures are regulated by the following table: Maximum Allowed Maximum Individual Total of All Accessory � Accessory Structure Structure Footprint Areas* Lot Area Footprint Area on a Property 0-1.99 acre 1,000 s.f. 2,000 s.f. 2.00-3.00 acre 1,200 s.f. 2,400 s.f. 3.01-3.50 acre 1,400 s.f. 2,800 s.f. 3.51-4.00 acre 1,600 s.f. 3,200 s.f. 4.01-4.50 acre 1,800 s.f. 3,600 s.f. 4.51-5.00 acre � 2,000 s.f. 4,000 s.f. 5.01-6.00 acre 2,200 s.f. 4,400 s.f. 6.01-7.00 acre 2,400 s.f. 4,800 s.f. 7.01-8.00 acre 2,600 s.f. 5,200 s.f. 8.01-9.00 acre 2,800 s.f. 5,600 s.f. 9.01 acre or more 3,000 s.f. 6,000 s.f. * Excluding non-roofed tennis courts, pools, paddocks, arenas. Page 1 of 4 • � , -i , 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30' from the side or rear lot line regardless whether less strict principal structure setbacks apply. b) The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. ii. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area require- ment for the given size of accessory building. iii. In subdivision approval, the setback reguired for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. S$CTION 2. Chapter 10 of the Municipal Code of Orono is further amended by revising Section 10.03, Subdivision 9 (B) as follows: Page 2 of 4 - ,' , -� . B. Height Restrictions. No accessory building in the "R" District shall exceed the height of the principal building, exeept berna er ateb�ea Nhtei� sha�� be �ab?eet te the epprevn� ef the Eeaner�.- nor shall an accessory buildin exceed 30 feet in height. S$CTION 3. Chapter 10 of the Municipal Code of Orono is further amended by adding Section 10.03, Subdivisions 14 (C) & (D) as follows: C. Lot Coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15$ of the lot area. The fol lowing shall be included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6' above grade level. 2. Tennis courts, pools, patios, decks and all similar "open" structures when partial ly or fully enclosed by fences, railings or walls which extend more than 6' above grade level. (If any portion of such structures extends more than 6' above grade level, the entire structure shal 1 count toward lot coverage.) EXCEPTION. Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. D. Tennis courts, pools, and paddocks or arenas, when such accessory structures exceed 1,000 s.f. footprint area, shall be subject to the following special setback restrictions: Front - 30' minimum and not within the required front yard nor between the front lot line and the principal structure on the property Side - 30' minimum and not within the required side yard area Rear - 30' minimum and not within the required rear yard area S$CTION 4. Chapter 10 of the Municipal Code of Orono is hereby amended by adding Section 10.03, Subdivision 9 (E) as follows: E. Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. S$CTION 5. Chapter 10 of the Municipa 1 Code of Orono i s hereby amended by revising Section 10.20, Subdivision 3 (E) as follows: Page 3 of 4 . • ;•�� , Subd. 3. Conditional Uses. Within any "R-lA" One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not be located in a required yard area, and are subject further to the general zoning code rectuirements pertaining to acces`sory structures. S$CTION 6. Chapter 10 of the Municipa 1 Code of Orono i s hereby amended by revising Section 10.03, Subdivision 12 as follows: Subd. 12. Crowding Principal Building. No accessory building or structure, unless an integral part of the principal building, shall be erected, altered, or moved within ten feet of the principal building, nor within ten feet of another accessory structure. SBCTION 7. Adoption and Publication. This ordinance shall be effective upon publication, and shall be published in the Laker and Pioneer newspapers the week of August 28, 1989. Adopted by the City Council of Orono on this 14th day of August, 198 , by a vote of 4 ayes and 0 nays. 1, � � o t y . allin, City Clerk Jame R. Grabek, yor Page 4 of 4 82389.4 ORDINANCE # 73 , SECOND SERIES AMENDING ORDINANCE #62, SECOND SERIES ADOPTED JANUARY 9TH, 1989, AND ENTITLED "1989 FEE SCHEDIILE, ZONIPG APPLICATIONS' . The City Council of Orono ordains as follows: Ordinance �62, Second Series, adopted January 9, 1989, and entitled "1989 Fee Schedule, Zoning Applications," is amended to read: AFTER-THE-FACT-APPLICATION INVESTIGATION FEES (Resolution #1309} (Applies to all application types including variances , conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. This ordinance becomes effective from and after its passage and publication. Passed by the Council this 28th day of August, 1989 . A� ; `. ATT T: Jame R. Grabek, or � 0 othy M. llin,, City Clerk To be published in the Laker/Pioneer newspaper the week of September 4, 1989. ORDINANCE NO. 74 , SECOND SffitILS An ordinance amending Ordinance No. 62, Second Series, adopted January 9, 1989, and entitled "1989 Fee Schedule, Zoning Applications". The City Council of Orono ordains as follows: Ordinance No. 62, Second Series, adopted January 9, 1989, and entitled "1989 Fee Schedule, Zoning Applications" is amended to read: UNDER CONDITIONAL USE PERMIT: PRD Application with Subd. Subd. Fee + $30.00 per dwelling unit PRD Application without Subd. $35.00 per dwelling unit (min. $150.00 ) PID Application with or without $150.00 per acre Subd. (min. $350.00 ) UNDER ZONING AMENDMENTS INCLUDING RE-ZONING: PUD Rezoning - Allowed only within area adjacent to Highway 12 as defined in Comprehensive Plan Amendment No. 2. Residential $250.00 + $35.00 per dwelling unit Commercial/Industrial $150.00 per acre (min. $350. 00 ) This ordinance becomes affective September 15, 1989. Adopted by the City Council of Orono on this 28th day of August, 1989 by a vote of 3 ayes and � nays. � � ATT T: Jame R. Grabek, ayor . orothy . allin, City Cler 9689. 4A ORDINANCE 75 , SECOND SERIES AN ORDINANCE AMI:NDING SECTION 4.02, SIIBD. 7 OF ORDINANCE NO. 32, SECOND SERIES ADOPTED MARCH 18, 1987 AND ENTITLED 'INTO%ICATING AND NON-INTO%ICATING LIQIIOR LICENSING AND REGIILATION - RESIDENT MANAGER OR AGENT' The City council of Orono ordains: Section 4.02, Subd. 7 of Ordinance No. 32, Second Series adopted March 18, 1987 and entitled "Intoxicating and Non- Intoxicating Liquor Licensing and Regulations - Resident Manager or Agent" is amended to read: Subd. 7. Resident Manager or Agent. Before an on-sale license is issued under this Chapter to an individual who is a non-resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who liv es within 25 miles of the licensed establishment in the City as its manager or agent. Such manager or agent shal 1, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character , reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to live within 25 miles of the City or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. This ordinance becomes effective after its passage and publication. Passed by the council this llth day of September , 1989 . Jame R. Grabek, ATTEST: '/��GC L�' Theresa L. Naab, Deputy Clerk ' Publish in the Laker/Pioneer newspaper the week of September 18, 1989. � , - 12888. 1 (59) ORDINANCE NIIMBER 76 , SECOND SERIES SUNiMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 76 , Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. , , , - OFFICIAL SUMMARY OF ORDINANCE NiJNN�ER 76 , SECOND SERIES ORDINANCE NO. 76 , SECOND SERIES AN ORDINANCE ADOPTING THE 1990 FEE SCHEDIILE AN ORDINANCE RBPEALING ORDINANCB NO. 62 SECOND SERIES, 65 SECOND SERIES, 68 SECOND SERIES, 70 SECOND SERIES, 73 SECOND SERIES AND 74 SECOND SERIES. The following is the official summary of Ordinance Number �_, Second Series approved by the City Council of the City of Orono on December 11, 1989. The following sections have changes, additions and/or deletions: ZONING APPLICATIONS 1989 1990 VARIANCE $150.00 $175.00 RENEWAL VARIANCE $ 75.00 $100.00 CONDITIONAL USE PERMIT Residential Accessory Use $100 . 00 $125.00 (Animals, etc. ) Guest House/Guest Apartment New $150.00 EASEMENT VACATIONS NOT ASSOCIATED WITH $150 .00 $175.00 SUBDIVISION APPLICATIONS SPECIAL IMPROVEMENTS On-Site System - Site Evaluation Review $ 30 .00 $ 50.00 per new lot (Applicable to rural subdivision proposed for on-site applications) , APPEAL TO PLANNING COMMISSION $100.00 (of Administrative decision) NOW APPEAL OF ADMINISTRATIVE DECISION $100.00 SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule setforth below: Professional Time $ 25 .00 $ 27. 50/hour Clerical Time $ 15.00 $ 16.50/hour CONSTRUCTION PERMITS AND INSPECTION FEES ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (change in use) $ 30 .00 $ 50 .00 DEMOLITION PERMIT Principal Structure New $ 25.00 for each requested inspection beyond initial � inspection 2 , i, � . 1989 1990 CONSTRIICTION PSRMITS AND INSPECTION FEES Cont. Water 5/8" meter including sales tax $114.48 $125.00 3/4" meter including sales tax $157.94 $163.00 1" meter including sales tax $212. 00 $218.00 ALL CONNF.CTION CHARGES (IF NOT PREVIOUSLY ASSESSED) BY DISTRICT - PROJECT ALL SANITARY SEWER CONNECTION CHARGES Various Various reflecting (If not previously assessed) cost of investment ALL MUNICIPAL WATER CONNECTION CHARGES Various Various reflecting (If not previously assessed) cost of investment GRADING,EXCAVATION, FILLING - 1-100 cubic yards (max. 10 loads) $ 60 .00 $ 50.00 (staff permit) (staff permit) (+ engineering fee if necessary) - 101+ cubic yards $ 50.00 $ 75.00 + Conditional Use Permit + $25 .00 . per each inspection over lst SPECIAL INSPECTION CHARGES Inspection Outside Business Hours $ 30 .00 Deleted per hour LICBNSES � MISCSLLANEOIIS CHARGES SITE EVALUATOR LICENSE - Annual New $100 .00 HOME OCCUPATION LICENSE New $ 50.00 Initial Review $ 30.00 $ 30 .00 (Annual Review) PUBLIC DUMP LICENSE None Deleted Permitted General Administrative Documents Listing Information $ 5.00 $ 10. 00 Verbal Search - Current and/or pending New Not Given Out Copy Service (for public City records $ 1. 00 $ .25 each onl ) first copy 11" x 17" copies New $ 1.00 each Reprint of Oversized Documents that $ 2.50 $ 25.00 Minimum Charge have been microfilmed each/25.00 minimum 3 � i�_ �t ♦ 1989 1990 PIIBLIC WORRS DEPARMTNET MICSCELLANEODS CHARGES Recycling Containers - Initial New No Charge - Replacement New $ 6.50 each (Including Sales Tax) GOLF COURSE CHARGES - Effective date 1990 Season Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon lst Nine Holes $ 5.25 6.00 2nd Nine Holes 3.00 4.00 After 12 Noon and Weekend Rates lst Nine Holes 5.75 6. 50 2nd Nine Holes 3.25 4.00 League Rates Monc3ay thru Friday 5.25 6.00 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays lst Nine Holes 3.75 4.00 2nd Nine Holes 3.00 4.00 A printed copy of the 1990 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 1, 1990. Adopted by the City Counci 1 of the City of Orono on this llth day of December, 1989, by a vote of 5 ayes and 0 nays. Jame R. Grab or ATT ST: � � orothy M allin, City Clerk 4 . ^ s . DIRF]CI�ORY FO�t 1990 FEE S�ID[JLE (7opy (�arges Page Livenses ana Misvellaneous Page Fersits (Qont.) Page Ac7ministration . . . . . . . .22 Garbage Haulers License. . . .20 Retaining Walls. . . . . . . .10 Accident Reports . . . . . . .25 H�ne Occupation License. . . .21 Sprinkler Systems - C.anmer . .12 Building Plan Copies . . . . .22 Joint Use Dock License . . . .20 Trapping Permit (limited) . . .24 Copy Microfiche File - PD. . .25 Kennel License . . . . . . .22 Well Permit Fee. . . . . . . .17 Copy Service - Police Dept . .25 Septic Installers License. . .20 Water Meter Fees . . . . . . .12 R,eprint Oversized Documents Site Evaluator License . . . .20 on Microfilm. . . . . . .22 Solicitation License . . . . .21 Tape Recording Duplication . .22 Temp Trailer/�uilding Lic. . .21 Servioes Fingerprinting (Police) . . . .25 Maps Fbr Sale. . . . . . . . . .21 Water Turn-On Charge . . . . .26 �onnection Charges Water Turn-Off Charge. . . . .26 Sanitary Sew�er . . . . . . . .13 Public Wbrks Supplies & Servives Municipal Water. . . . . . . .16 Driveway Culverts. . . . . . .28 Signs Driveway/Curb Cut Permits. . .28 Street Signs (Public Works) . .28 Docunents 7.�orary & Permanent. . . . .17 Comprehensive Guide. . . . .21 Permits Z�emp. "No Parking" (P.D.) . . .25 Special Assessment Searches. .22 After-the-fact-Fees. . . . . 4 Z�emp. "No Parking" (P.W.) . . .28 Municipal Code/Ordinance . . .21 Annual Service Charge (Septic)16 R�ealtors Listing Info. . . . .22 Building Permit Fees . . . . .10 Otility Itate Charges . . . . . .26 Burning Permit Fee . . . . . .19 Recycling Charge . . . . . . . 26 False Alarm User fee . . . . . .24 Cert. of Occupancy . . . . . .10 Replacement Bins . . . . . . . 26 Deqnolition Permit Fee. . . . .10 Golf Qourse Rates. . . . . . . .27 Docks Cos[mercial . . . . . . . . .10 Zoning Applicatians Inspectia�s �esidential. . . . . . . . .10 After-the-fact Fees . . . . . 5 Special Inspection Charges . .19 Fire Protection. . . . . . . .19 Amen�nents . . . . . . . . . 3 Contractual Inspection Serv. .20 Firearms Permit I'ee. . . . . .24 Appeal of Ac�min Decision . . . 5 Firew�orks Permit Fee . . . . .24 Camnercial Site Plan . . . . . 2 Lioenses a� Misoe»a*+�� Grading, Excavating, Filling .17 Conditional Use Permit Fees. . 1 After-the-fact Fees. . . . . . 4 Large Assembly Permits . . . .24 Industrial R+evenue Bond Appl . 5 Amuse�nent Devices. . . . . . .24 Mechanical Permit Fees . . . .11 Park Dedication Fees . . . . . 7 Animal Impound Fees. . . . . .23 Niove/Lift Building Permit Fee.18 PUD R�ezoning . . . . . . . . 3 Beer, Wine & Liquor License. .23 Municipal Hookup (Sewer/wlater)12 Rezoning Application Fee . . . 3 Comnercial Marina License. . .20 On-Site Systems (Septic) . . .16 Rip Rap Application Fee. . . . 5 Cigarette License. . . . . . .21 Outhouse Construction. . . . .16 Special Improvements Appl. . . 4 Dog License. . . . . . . .22 Parades & Special Events . . .24 Subdivision Application Fee. . 2 Dance (Public) License . . . .24 Pl�anbing Permit. . . . . . . .10 Surcharge for Staff Expense. . 5 Gambling/Raffle License. . . .21 Vacation Application Fee . . . 3 Varian� Application Fee . . . 1 '• , '� ORDINANCE N0. �Q, SECOND SERIES AN ORDINANCE ADOPTING THE 1990 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE N0. 62 SECOND SERIES, 65 SECOND SERIES, 68 SECOND SERIES, 70 SECOND SERIES, 73 SECOND SERIES AND 74 SECOND SERIES The City Council of the City of Orono ordains: Section 1. Ordinance Repealed. Ordinance No. 62 Second Series, 65 Second Series, 68 Second Series, 70 Second Series, 73 Second Series and 74 Second Series are hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the fol lowing Fees effective during the calendar year 1990: SECTION 1. Fees. ZONING APPLICATIONS All fees are ap�lication fees and are non-refundable after staff work has begun on the application. Applicable Application Type Fee Code Section VARIANCE $175.00 10.06, Subd 3 (D) (Flexible applications involving more than one variance will require an additional $50 .00 payment per each variance) RENEWAL VARIANCE ' $100 .00 10 .06, Subd 3 (D) (No change from original application) CONDITIONAL USE PERMIT (One charge per project) 10.09, Subd 3 Residential Accessory Use (Animals, etc. ) $125.00 10.09, Subd 3 Institutional Use (School, Church, etc. ) $150.00 10.09, Subd 3 Duplex Credit (per building) $150.00 10.09, Subd 3 Guest House/Guest Apartment $150.00 Commercial/Industrial Use $250.00 10.09, Subd 3 1 �. � �•� Y ZONING APPLICATIONS (CONT.) A�plicable Application Type Fee Code Section CONDITIONAL USE PERMIT Continued (One Charge per Project) 10.09, Subd 3 Land Alteration: $200.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore PRD Application with Subdivision Subdivision Fee plus $30 .00 per dwelling unit PRD Application without Subdivision $ 35.00 per dwelling unit (minimum $150 .00). PID Applications $150.00 per acre (minimum $350.00) Renewal Conditional Use Permit 1/2 Current Fee (no change from original application) Conditional Use Permit with Variance $ 50.00 for each variance After-the-Fact Fees Double Application Fee Res. #1306 & #1309 COMMERCIAL SITE PLAN $200.00 + Consultant Fee SUBDIVISION Sketch Plan (Class I, II, & III) $150 . 00 11.10, Subd 7 (A) Preliminary Review $250.00 11.10, Subd 10 (A) (B) (Class I & II Subdivisions) Preliminary Review $300.00 +$20/lot 11.10,Subd 10 (C) (Class III and all non-residential) ($360/3 lots; $380/4 lots) Final Plat Review (Class III) $150.00 +Special Legal/Enqineering Charges 11.10, Subd 17 (A) (9) Filing Fees: a) Subdivision only $ 75.00 11.10, Subd 17 (A) (11) b) Subdivision + Easements & $150 .00 Covenants Renewal Subdivision Application 1/2 of current fee 2 . � � �r i ZONING APPLICATIONS (CONT.) ' Applicable Application Type Fee Code Section PUBLIC PROPERTY VACATION $ 50 .00 per Section 10 .11 benefitting property ($250.00 minimum per application) EASEMENT VACATIONS WITH SUBDIVISION $ 50.00 Section 10.11 APPLICATIONS EASEMENT VACATIONS NOT ASSOCIATED WITH $175.00 Section 10 .11 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $250. 00 Section 10 .11 PUD Rezoning - Allowed only within area adjacent to Highway 12 as defined in Comprehensive Plan Amendment No. 2 Ord 74, 2nd Series Section 10. 53 PUD Rezoning: Residential $250 .00 + $35.00 per dwelling unit Commercial/Industrial $150.00 per acre (min. $350 .00) REQUEST TO AMEND COMPREHENSIVE PLAN $250.00 Section 10.11 3 ZONING APPLICATIONS (CONT.) Applicable Application Type Fee Code Section SPECIAL IMPROVEMENTS Section 11.12, Subd 4 Non-refundable charges for City Engineer's review of applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $600.00 plus 50¢/lineal foot Proposed Public Roads $900.00 plus 50�/lineal foot Request for City to accept existing $900.00 private road Proposed Sanitary Sewer Main Extension $250.00 plus $5.00 per stub Proposed Watermain Extension $250.00 plus $5. 00 per stub Proposed Storm Sewer System $200.00 (excluding culverts) On-Site System - Site Evaluation Review $ 50 .00 per new lot proposed (applicable to rural subdivision for on-site applications) 4 ZONING APPLICATIONS (CONT.) Applicable Application Type Fee Code Section RIP-RAP Staff Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $100.00 + CUP review b) Repair existing Staff permit = $100.00 APPEAL OF ADMINISTRATIVE DECISION $100.00 10.06, Subd 3 (D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: 0.1$ of project valuation ($250.00 minimum) plus $5,000 . 00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF EXPEN5E IN EXCESS OF APPLICATION FEES Section 10.11 Per Fee Schedule setforth below: Professional Time $ 27.50/hour Clerical Time $ 16. 50/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. 5 ZONING APPLICATIONS (CONT.) Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after- the-fact applications shall be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Res. 1306 6 ZONING APPLICATIONS (CONT.) PARK DEDICATION FEES I Section 11.62, Subd 1 Cash contributions in lieu of land for use in the acquisition, development or maintenance of public parks, playgrounds, storm water holding areas and debt retirement in connection with land previously acquired for such public purposes. I. Residential Development - Cash contributions dedicated shall be according to the following table: 1. Single Family Residential A B C-1 Single Single Existing Lot Size (Acres/Dwelling Unit) Existing New Residence 5.00 or more 2.00 to 4.99 $ 50 $100 $0 1.00 to 1.99 150 Z00 0 . 50 to .99 350 400 0 . 33 to .49 390 440 0 .25 to .32 430 480 " 0 .16 to . 24 470 520 0 .15 to less 510 560 0 550 600 0 ZONING APPLICATIONS (CONT.) PARK DEDICATION FEES I Section 11.62, Subd 1 2. Duplex, Multiple Residential Dwelling Unit Density (The greater of proposed density or zoned permitted density) D E C-2 Duplex Mult. Existing (Dwelling Units Per Acre) Per Bldg Per Unit Residences .20 or less $ 250 $150 $0 .50 to . 21 500 300 0 1.00 to . 51 1000 600 0 2.00 to 1.01 1100 660 0 3.00 to 2.01 1200 720 0 4.00 to 3.01 1300 780 0 6.00 to 4.01 1400 840 0 6.01 or more 1500 900 0 K� A Single Family Residence, Existing Vacant Lot: Fee to be paid with building permit for new residence on previously platted property or; if vacant land is subdivided, fee to be paid with subdivision for the one "existing" residential lot. B Single Family Residence, New Lot: Fee to be paid with subdivision for each "new" residential lot. C 1 and 2 Existing residential: No fee is required for existing principal residential units. D Duplex Residential : Fee to be paid with building permit or with subdivision, whichever occurs first, for each duplex building (duplex is defined as two attached single family residential units) . Should an existing single family residence be converted to duplex, the fee shall be one half of the schedule amount due with the building permit. E Multifamily Residential: Fee to be paid with building permit or with subdivision, whichever occurs first, for each residential unit in a multifamily (three or more units) building. 8 ZONING APPLICATIONS (CONT.) PARK DEDICATION FEES I Section 11. 62, Subd 1 II. Commercial or Industrial Development - Cash contributions dedicated shall be at the rate of $500.00 per acre of gross land area, to be paid with building permit for principal structure or at the time of subdivision, whichever occurs first. 9 CONSTROCTION PERMITS AND INSPECTION FEES Applicable Permit Type Fee Code Section BUILDING PERMIT (Ord. 216) Minimum Fee $ 30.00 Normal Fee (per 1985 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1985 UBC/SBC Standard Schedule) Residential 65� of Building Permit Fee Building Valuation Standard (per Current I.C.B.O. Building Standards/Building Valuation Data) ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (change in use) $ 50 .00 RETAINING WALLS (in excess of 42" also $ 30.00 minimum multiple tiered walls that exceed 42" (per 1985 UBC Standard Schedule) and not located in lakeshore protected area) DOCKS - RESIDENTIAL $ 30. 00 DOCICS - COMMERCIAL Per 1985 UBC/SBC Standard Schedule DEMOLITION PERMIT (Ord. 216) Principal Structure $ 50.00 Initial inspection $ 25 .00 for each requested inspection beyond initial inspection Accessory Structure $ 30.00 Initial inspection PLUMBING PERMIT $ 30 .00 minimum per project $ 5.00/fixture $ 3.00/fixture reset Mail-in postage & handling charge $ 1.50 10 CONSTRIICTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section MECHANICAL PERMIT Minimum Fee for any Mechanical Permit $ 30.00 per project Mail-in postage & handling charge $ 1. 50 Residential, Sin le Famil & Du lex b Unit T e -furnace or boiler with flue 5.00 each unit -wood stove with flue $ 15.00 each unit -wood combination or add-on unit $ 15. 00 each unit -fireplace with flue $ 15.00 each unit -central air conditioning $ 15.00 each unit -exhaust fans (bath, kitchen, attic, etc. ) $ 15.00 per project -solar space heating equipment $ 15.00 each system -solar water heaters $ 15.00 each unit -repairs and replacement of the above same as above -fire sprinkler systems $ 15.00 per project -fuel storage $ 30. 00 permanent or temporary -gas line inspection high/low pressure $ 15.00 Commercial, Industrial and Multi-Family Residential by Unit Type -residential type equipment $ 15.00 per unit -furnace, boilers, unit heaters, and $ 15.00 per 50,000 btuh output makeup air units -central air conditioning $ 15.00 per ton AC -exhaust fans $ 15.00 per project -refrigeration $ 15.00 per compressor -fixed equipment with steam, hydraulic $ 15.00 per 8 connections or compressed air system -kitchen exhaust vents $ 15.00 -fuel storage $ 15. 00 permanent or temporary 11 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems $ 2.00 per head/first 50 heads - . 30 per head after initial 50 Plan Review 1/2 permit fee Surcharge based on valuation -kitchen fire extinquishing system $ 30.00 per system MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 30.00 Water $ 30 .00 5/8" meter including sales tax $125.00 3/4" meter including sales tax $163. 00 1" meter including sales tax $218.00 larger meter quote basis Mail-in postage & handling charge $ 1. 50 (sewer and water permits only) ° 12 ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) By District - Project Office Use Only *Credit to Fund 1963 ST-lA, LS-lA or ST1-B, LS1-B $225.00 + $410.16 per acre 1 + 29.83 per F.F. 1964 LS-lA or LS-1B $225.00 + $30.39 per F.F. 1 1965 LS-1 $225.00 + $44.75 per F.F. 1 1965 LS-lA $225.00 + $32. 67 per F.F. 1 1967 LS-1 $195.16 per unit 1 + $19.49 per F.F. 1969 LS-1 Shore Hills . $225. 00 + $9,668.16 per unit 1 1969 LS-2 Chevy Chase $6,926.72 per unit 1 1970 LS-1 Saga Hill $225.00 + $3,704.42 per unit 1 + 22.76 per F.F. 1971 LS-1 Dunwoody $225.00 + $3,374.01 per unit 1 + 20.73 per F.F. 1973-1 $6,542.16 per unit 1 + $31.02 per F.F. 1980-1 Minnetonka Bluffs $8,361.10 per unit 2 West Ferndale/County Road 15 $24 ,439.37 per unit 2 Orono Lane $15,656.47 per unit 2 County Road 15 Marinas $6,517.92 per unit 2 1980-2 North Shore Drive/Scotch Pine Lane $23,044.18 per unit 2 1981-1 North Shore Drive/Highwood $10,001.11 per unit 2 1982-1A Navarre Utilities $2,131.01 per unit 3 + $874.59 trunk area 1982-1B Navarre Utilities Northern Avenue $225.00 + $2,301. 54 per acre 225.00=1 + 172.62 trunk unit acre/unit=3 1985-1 Crystal Bay $10,108.94 per unit 4 1983-1 Highway 12 Orono-Long Lake-Medina $949.38 per unit 2 Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 , z ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) By District - Project I. An additional fee is charged for properties benefitting from 1984 forcemain and lift station #7 upgrade, as follows (see map for affected areas) : Initital #6 #7 Office Use Only Charge By Pass Forcemain *Credit to Fund l. Existing Properties/Increase Previously Previously $385.51 5 Paid Paid 2. New Bldgs Replacing Previously Previously If usage 5 Existing Bldgs Paid Paid increases - from existing $385.51 3. New Residential W/Existinq Previously Previously $1,116.24 5 Stub Paid Paid 4. New Residential Without Stub $225.00 (1) $172. 62 (3) $1,116.24 (5) 1, 3 & 5 5. Freshwater Biological $225.00 (1) $172. 62 (3) $500/unit on (5) 1, 3 & 5 connection (already assessed $2,000/ac) 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 14 ALL SANITARY S$WER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is requirea, the connection charge may be in addition to any assessment.) By District - Project Office Use Only II. An additional fee is chagred for properties benefitting from the 1989 gravity line and lift station #10 by-pass per Resolution �2671, as follows (see map for affected areas) : Initital �10 Office Use Only Charqe By Pass *Credit to Fund Property Without Stub $225.00 (1) $1,941.62 (6) 1 & 6 The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that affected project area. Such connections are subject to City Council approval. , Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 15 ALL MIINICIPAL WATER CONNECTION CHARGES If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment) By District - Project Office Use Only � *Credit to Fund 1967 LW-1 Highway 12/Crystal Bay Road $3,416. 30 per unit 1 + $25 .33 per F.F. 1969 LW-2 Chevy Chase $3,385.60 per unit 1 1970 LW-1 Navarre Residential $1,691.78 per unit 1 + $16.82 per F.F. 1970 LW-1 Navarre Commerical $2,537.67 per unit 1 + $25.38 per F.F. 1982-1A Navarro $1,802. 69 per unit 2 ON-SITE SYSTEMS (Ord. 210) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 30 .00/per new lot Residential System Permit: Replace drainfield or replace 1/more tank $ 30 .00 Replace drainfield & replace 1/more tank $ 50.00 New Residential System $ 75.00 + $15.00 per each inspection over 3 Non-Residential System Permit: New or Total replacement $100.00 + $20.00 per each inspection over 4 Partial replacement $ 60. 00 + $20.00 per each inspection over 2 Outhouse Construction (New or replacement- Permit Fee & Plan Review Based Big Island Only) on Valuation of Project (per UBC 1985 Standard Schedule) Annual Service Charge $ 20.00/system/year plus An additional full fee for late penalty plus 8 � interest for unpaid charges certified Section 12.30, Subd 8 (C) Water Connection Charges *Credit to Fund - - -00 2) 044-3753-000-00 , � + , � � � CONSTRDCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section WELL PERMITS (Ord. 221) -Installation of New/Replacement Well $ 30.00 (covers aban8onment of old well) ' -Well Abandonment (not concurrent with $ 30.00 installation of new/replacement well) GRADING, EXCAVATION, FILLING - 1-100 cubic yards (max. 10 loads) $ 50 .00 (staff permit) (+engineering fee if necessary) - 101 + cubic yards $ 75.00 + Conditional Use Permit + $25.00 per each inspection over lst NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. SIGNS Temporary $ 30 .00 Permanent (Per 1985 UBC/SBC Standard Schedule) 17 � i CONSTRDCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code �Section BUILDING MOVING OR LIFTING (Ord. 227) Fees for this activity are in addition to required building or demolition permits. Fees and any necessary surcharges are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. -Lifting accessory buildings $ 30.00 (no move across lot lines) -Lifting principal buildings $ 75 .00 + engineering fee if necessary (no move across lot lines) (include pre-lift inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max. 8' wide/max. 13 '-6" high/max. 45 ' long) -Moving accessory building over any lot $100.00 line, onto or off any lot within Orono (includes oversize loads up to 12' wide and/or 15' high) . -Moving principal buildings over any lot $150 .00 line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or term- inating in Orono (includs all over- size loads exceeding 12' w di e and/or 15' high) . -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50.00 within Orono b) Building outside Orono to be moved $150 .00 into Orono (max. radius 25 miles) 18 � , t . � CONSTRIICTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30 .00 (when called by owner) Inspection surcharge for work or $ 30.00 per trip + boat rental if application on Big Island or transportation is not Deering Island provided by owner Reinspection fee after failure to comply $ 30. 00 per trip + 30.00 per with Building or Zoning Code Correction hour after lst hour Notice - 3rd trip FIRE PROTECTION (Ord. 223) Fire Prevention Inspection . No Charge Fire Code Permits $ 30 .00 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65$ of permit fee BURNING PERMITS Up to 5 times per year No Charge For Each Reinspection $20.00 More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) 19 � i CONSTRDCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.00 per month (Includes clerical time) Inspection Charge $ 15.00 per inspection Plan Review Charge SBC/UBC Schedule Clerical Fee (Only charged if clerical $ 15.00 per hour use is excessive) LICENSES & MISCELLANEOIIS CHARGES Zoning Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) $300.00 + slip & boat fees Renewal Application & Inspection Fee $200.00 + slip & boat fees (annual) plus: -each slip on water $ 2. 00 -each dry slip inside or in racks $ 2.00 -each boat unit on land $ 1. 00 -late fee $150.00 JOINT USE DOCK LICENSE Application Fee (initial) $ 50 .00 Renewal Application Fee $ 20.00 Plus each slip $ 2. 00 Late Fee $ 25.00 • SEPTIC INSTALLERS LICENSE - Annual $ 50 .00 • SITE EVALUATOR LICENSE - Annual $100.00 GARBAGE HAULER LICENSE - flat rate $ 30 .00 - per hauler $ 15.00/truck - transfer fee $ 30.00 20 � � LICENSES & MISCELLANEOIIS CSARGES (CONT.) Applicable Permit Type Fee Code Section HOME OCCUPATION LICENSE $ 50.00 Initial Review Fee $ 30.00 (Annual Review Fee) TEMPORARY TRAILERS & BUILDINGS LICENSE $ 30.00 Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980) $ 30 .00 Municipal Code Book - Complete (Ch. 1-12 w/revisions) $ 60.00 w/black binder $ 50.00 loose Municipal Code Book - Portions Ch 1 thru 9 (Book 1) w/revisions $ 35.00 loose Ch 10 thru 12 (Book 2) w/revisions $ 35.00 loose Ch 10 only (Zoning Code) w/revisions $ 25.00 loose Ch 11 only (Subdiv. Code) w/revisions $ 15.00 loose Other Individual Chapters $ .25 /page Black Binder $ 5.00 On-Site Design Manual $ 5.00 City Maps $ 2.00 each Building & Planning Publications As Posted - Prices subject to change General Administrative Licenses Cigarette Sales License - per quarter $ 5.00 5.24 Gambling & Raffle License $ 10.00 5. 23 Solicitation License $ 20.00 5.30 Up to 10 Solicitors - $1.00 each additional solicitor in Orono 21 ' , , , . LICENSES & MISCELLANEIOIIS CHARGES (CONT.j Applicable Permit Type Fee Code Section General Administrative Documents Listing Information $ 10.00 Assessment Search - Written $ 10 .00/parcel Verbal Search - Current and/or pending Not Given Out Copy Service (for public City records only) $ .25 each 11" x 17" copies $ 1.00 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Documents that $ 25.00 Minimum Charge have been microfilmed Building Plan Copies and/or Cost of Copying, Messenger Tape Recording Duplication Service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) Dogs & Kennels DOG LICENSES 9.12 Biannual License (issued in odd years) $ 15.00 Annual License (issued in even years only) $ 7.50 KENNEL LICENSES 5.36 Commercial Application & Inspection Fee $150 .00 (Annual) Residential Application & Inspection Fee $ 25.00 (Annual) NOTE: Dogs kept in residential kennels must be individually licensed . Residential kennel fee is in addition to dog license fees. 22 ♦ i LICENSES & MISCELLANEOIIS CHARGES (CONT.) Applicable Permit Type Fee Code Section DOGS AT LARGE - RELEASE FEE 9.12 First Offense $ 20.00 Second Offense $ 30 .00 Third Offense $ 40.00 (All fees, plus kennel charge, payable to kennel) ANIMALS AT LARGE (Other than dogs) 9.13 First Offense $ 20 .00 Second Offense $ 35.00 Third Offense $ 50 .00 Trace & Catch Animal $ 20.00/hour Trailer Charge $ 20 .00 plus .25 mile (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost Police Department Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor$500.00 per License Collected at Application In state investigation Actual cost up to $10,000 Out state investigation-actual cost Initial Investigation-Beer/Wine $150.00/person Res. 1306 Off-Sale Liquor License $150 .00 4.30 Bond Requirement $5,000.00 On-Sale Liquor License $4,000 .00 4.30 On-Sale Wine License $750.00 4.40 3.2 Beer Off-Sale (Annual) $ 25.00 4.20 3. 2 Beer On-Sale (Annual) $ 75.00 4.20 Setups (Annual) $100.00 4.60 Club Liquor License (weekday) $100.00 4. 50 (Sunday) $200 .00 4. 50 Temporary Set-up Permit (one day) $ 25.00/each 4. 61 Temporary Beer Permit (one day) $ 15.00/each 4.21 23 . � LICENSES AND MISCELLANEODS CHARGBS (CONT.) Applicable Application Type Fee Code Section Police Department Administered AMUSEMENT DEVICE LICENSES 5.20 Per Establishment (Annual) $100.00 plus machine fee Per Machine Fee $ 25.00 each PUBLIC DANCE LICENSE (Annual) $100.00 5. 21 (Individual Permit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 FIREWORKS PERMIT $ 30.00 9.10 FIREARMS DISCHARGE PERMIT OCCASIONAL $ 10.00 9.10 (limited use) Annual (Club Only) $ 25.00 LIMITED TRAPPING PERMIT $ 10.00 9.11 Ord. 232 Ord. 243 PERMIT FOR PARADES & SPECIAL EVENTS $ 25.00 6.08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50 .00 each call (4-10 total) Next 5 false alarms/calendar year $100.00 each call (11-15 total) Each additional false alarm over 15/ $150.00 each call calendar year 24 , � LICENSES AND MISCELLANEODS CHARGES (CONT.) Applicable Application Type Fee Code Section Police Department Administered FINGERPRINTING SERVICE $ 10.00/application (Citizenship No Charge) COPY SERVICE - Police Records First Two Copies $ 3.00 Additional Copies $ 0.25 each COPY OF ACCIDENT REPORTS $ 3.00 each COPY OF DRIVER'S LICENSE RECORD $ 3.00 each COPY FROM MICROFICHE FILE First Two Copies $ 5.00 Additional Copies $ .25 each "NO PARKING ORDER OF POLICE" PAPER SIGNS $ 0.25 each (no lathe included) 25 " ; . , , PUBLIC WORRS DEPARTMENT MISCELLANEOIIS CHARGES Utility Service Rates - Effective beginning Third Quarter 1986 MUNICIPAL SEWER RATE by unit: lst $ 51.15 per quarter 2nd $ 48.25 per quarter by flow: $ 2.90 per quarter per $1.90/1000 gallons Area #1 Area #2 * Area �3 MUNICIPAL WATER RATES Navarre Long Lake Wayzata Billing & Ready to Serve Chg $12.80/qtr $6.70/qtr $5.35/qtr Water Usage Rate $ 1.17/1000 gal $2.75/1000 gal $1.40/1000 gal Unconnected Property Chg $12.80/qtr -0- -0- (ready to serve/hydrant chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $12.80/qtr billing charge plus $1.17/1000 gallon total flow at border meter . Penalty for late payment of sewer/water bills - 15$ after 45 days from bil ling date. Interest at 8$ on unpaid water/sewer bills certified. Water Turn-On $15.00 Water Turn-Off $15.00 Water System Repair/Replacement if damage caused by property owner : Labor - Current Hourly Rate Parts - At Cost RECYCLING CHARGE $ 9.00/year Recycling Container - Initial No Charge Replacement (including sales tax) $ 6.50 each *Effective second quarter of 1988 � 26 � � � « . . � • . , PQBLIC WORRS DEPARTMENT MISCELLANEOIIS CHARGES (CONT.) GOLF COURSE CHARGES - Effective date 1990 Season Fee Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon lst Nine Holes $ 6.00 2nd Nine Holes $ 4.00 After 12 Noon and Weekend Rates lst Nine Holes $ 6.50 2nd Nine Holes $ 4.00 League Rates Monday thru Friday $ 6.00 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays lst Nine Holes $ 4.00 2nd Nine Holes $ 4.00 Season Ticket (Senior Citizens Only) $100.00 GOLF CART RENTAL Motorized lst Nine Holes $10.00 2nd Nine Holes $ 8.00 Pull Carts - Per Round $ 1.00 Golf Clubs - Per Round $ 2.00 Concessions As Posted 27 � � .� � �• , PUBLIC WORRS DEPARTMENT MISCELLANEOIIS CHARGES (CONT.) PUBLIC WORKS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75.00/std. sign (sale includes installation) Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lathe) $ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (See zoning section - special improvement fees) SECTION 2. This ordinance establishing the 1990 fee schedule shall be published in the Laker and Pioneer Newspaper and shall be effective the week of January 1, 1990. Adopted by the City Council of the City of Orono on this llth day of December , 1989. ATTE T: ��/ / • - 0 othy M allin, City Clerk Jam s R. Grabe or 28 4R�INANC� N0� ��. 2nd Series AN ORDINANCE AME2�DING THE I�IINICTPAL CODE OF �OR01�4 BY COMPELLING PRIVATE OWNE]�S �4 ALLOW Pt7BLIC �PA3SAGE ON A PR�'�aTI� ROAD THE CITX COUNCIL OF TSE CITY OF ORON� ORDAINS: S�ction 1. S�cCion 6.OI,' subdivision 2 of the Municipal Code of Orona is hereby amended by adc3ing the addendum sen�ence describ�d below: A11 private roads must be opened to aI� people who own homes on that roac3 and their invitees and to al.l people wha could reasonably be expected �o use �hat road �o get to theiz p�ivate residences and �heir invitees. Sectzen 2. This ordinance �hall be published in The Laker and The Pioneer and shall be effective upon publication. Adopted by the City Caurtcil of the City af Qrono, Minneso�a at a regu].az meeting held on the 8th day of Jannary, 1990. Jam s R, Grab Ma r At�est: `�//� - 0 o�hy . Hall�n, City Clerk ZTJB80 ORDINANCE # 78 , SECOND SERIES . AN ORDINANCE AMENDING ORDINANCS #67, SECOND SERIES ADOPTED MAY 8, 1989 ENTITLED "SANITARY SEWER AVAILABILITY' (SPECIAL REQIIIREMENTS FOR REZONING OF THE HIGHWAY 12 CORRIDOR STDDY AREA) The City Council of Orono ordains as follows : SECTION 1. Ordinance #67, Second Series is hereby amended to read: "Sanitary Sewer and Municipal Water Availability. The available sanitary sewer and municipal water capacity to serve the development of this corridor is currently very limited. Therefore, any plans to develop within this area must either demonstrate that it can occur utilizing current sewer and water allocations or they must include improvements to increase the capacity of the systems serving this area. If sanitary sewer or municipal water system improvements are proposed as part of the application, then the feasibility of providing this service will also be scrutinized along with an improvement financing plan to ensure that the costs associated with providing this additional capacity will be paid for by the development. " SECTION 2. Adoption and Publication. This ordinance shall be effective from and after its passage and publication on January 29, 1990. Adopted by the City Council of Orono on this 22nd day of January, 1990 by a vote of 4 ayes and � nays. i� Edward J. Call n, r., Acting or ATT T: � or thy M. llin, City Clerk Published in the Laker and Pioneer Newspapers on the 29th day of January, 1990. 2790 . 3 ORDINANCE NO. 79 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE N0. 76, SECOND SERIES ADOPTED DECEMBER 11, 1989, AND ENTITLED "1990 FEE SCHEDULE. " The City Council of Or.ono or.dains: Or.dinance Number. 76, Second Series adopted December. 11, 1989, and entitled "1990 Fee Schedule" is amended to include: CONSTRIICTION PERMITS AND INSPECTION FEES Fee Code Section Tree Removal within 0-75 ' zone $30 .00 Ord. 10 . 22 Sub. 3 MECHANICAL PERMIT Fir.e Alar.m System $30 .00 per. system Lawn Spr. inkler. System $30.00 per. system This or.dinance becomes effective after. its publication. Passed by the Council this 12th day of Febr.uar.y, 1990. Jam s R. Grabek, yor. AT EST: . thy . Hallin, City Cler.k ORDINANCB �80, SECOND SERIES AN ORDINANCE AMENDING PERFORMANCE STANDARDS TO THE ACCESSORY STRDCT[TRB SECTION OF THE ORONO MiTNICIPAL CODE The City Council of Orono Ordains as follows: Section 1. Chapter 10 of the Municipal Code of Orono is hereby amended by amending Section 10.03 Subdivision 14 (C) to read as follows: Section 10.03 Subdivision 14. Yards and Open Spaces. C. Lot coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15� of the lot area. The following shall be included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6' above grade level. 2. Tennis courts, patios, decks, and all similar "open" structures when partially or fully enclosed by fences, railings or walls which extend more than 6' above grade level (if any portion of such structures extends more than 6' above grade level , the entire structure shall count toward lot coverage). 3. Pools, including pool basin and associated deck or patio areas, regardless of whether such pool basin, deck, or patio is enclosed with a fence. This ordinance becomes effective upon publication. Passed by the City Council this 26th day of February, 1990. .; � � �,�� Ed'fa r J. Ca a , Jr . , ting Mayor ATT T: �1 _ ' - ��/y/ 0 othy M allin, City Clerk Publish in the Laker/Pioneer newspapers the week of April 2 , 1990. ORDINANCE # 81 , SECOND SERIES AN ORDINANCE AMENDING SECTION 5.24 ADOPTED APRIL 1, 1984, AND ENTITLED "TOBACCO. " The City Council of Orono ordains: Section 5.24, Tobacco is hereby amended by adding the following language. Subdivision 4. Tobacco Products : A. Prohibited sales from vending machines. No person shall sell oz dispense any cigarettes or tobacco product, cigarette paper or cigarette wrapper thtough the use of a vending machine. Subdivison 5. Purchase ox attempted purchase of tobacco products by minors prohibited. A. It shall be unlawful for any person who has not attained the age of 18 years of age to purchase or attempt to purchase any tobacco product. A person under the age of 18 years of age who is alleged to have violated this section shall be subject to the jurisdiction of the Juvenile Court undex Minnesota Statute Section 260.111. In addition to the dispositions otherwise provided by law, a violation of this section shall subject the minor to a fine of $ 100.00 for a first violation or $200.00 for any subsequent violation. This ordinance shall become effective the fizst day of May, 1990. Adopted by the Council at a regular meeting held March 26, 1990, by a vote of 3 ayes, 1 nays. t Jam R. Grabe Mayor ATT ST: . D rothy M al in, City Clerk Publish in the Laker/Pioneer newspapers the week of April 2, 1990 . • � • K j.� C' ORDINANCE # 82 , SECOND SERIES AN ORDINANCE AMENDING SECTION 11.62 OF THE ORONO CITY CODE RELATING TO PARK DEDICATION AND CASH FOR DEVELOPMENT OF LAND. The City Council of the City of O�cono ordains as follows: S�ction 1. Section 11.62 of the Orono City Cod� is h�reby amended and the current fee schedule for park dedication fees is hereby repeal�d. Section 2. Section 11.62. Parks, Playgrounds and Open Space . A. Lands for Public Use. Pursuant to Minnesota Statut�s, (1989) , Section 46�.�38, subd. 2b, the City r�quires all persons, corporations or other legal entities that subdivide land with the City of Orono as a p��requisite to approval of a lot division, final plat, or developm�nt of any land previously divid�d by plat, met�s and bounds, or any other means, must convey to the City or dedicate to the public, for us� as parks, playgrounds, trails, or op�n space , a given p�rcentage of the land being platted or developed as hereinafter specified, said portions to b� approved by the City. In lieu th�reof, th� subdivider shal 1, at the option of the City pay to the City, for use in the acquisition, de velopment or maintenanc� of public parks, playgrounds, trails , wetlands or open spaces and debt retirement in connection with the land previously acquired for such public purposes, an equivalent amount in cash based upon the fair mark�t value of the land to be de veloped. Th� form of contribution (cash or land, or any combination thereof) shall be decided by the City Counci 1 bas�d upon thF need and conformanc� with the Comprehensive Plan. B. Dedicated Land Reguirem�nts. Any land to b� dedicated as a requirement of this section shall be reasonably adaptable for the abov� public purposes. Factors used in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, drainage, geology, tr�e cover , access and location. C. Land Dedication Minimum Area. Subdividers shal 1 be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth b�low: (1) Residential/Agricultural/Multiple Residential Zoned Land. � Dedication r�quirement of 8$ of the land being platted, subdivided or existing lot of r�cord. (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8$ of the land being platted subdivided or existing lot of record. D. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to b� made by the subdividFr , in lieu of a conveyance or dedication of land, the cash contribution to be contributed shal 1 be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. E. Fair Market Value of Lands. "Fair Market Value" for purposes of this Code shal 1 be the land pre-development valu� to be determined by the City Council as of the time of preliminary plat application in accordance with the fol lowing: (1) The City Assessor shal 1 r�commend to the City Coucil as to the fair market value of the land after consultation with the subdivider . (2) If agreement is not r�ached between the City Assessor and subdivider , then the fair market value shall be determined in accordance with the following: (a) Fair market value as determined by the City Council ` based upon a current appraisal submitted to the City by the subaivider , at his expense. The appraisal shall b� made by appraisers who are approved members of SREA or MAI, or equivalent real estate societies. (b) If the City disputes such appraisal amounts, it may obtain an appraisal of the property by a qualified real estate appzaiser which the City Council selects and which appraisal may be acc�pted by the City as being an accurate appraisal at fair market value. The cost of the appraisal shall be paid by the subdivider. (c) The subdivider may app�al any final determination of fair market valu� as provided by Minnesota Statut� S�ction 462.361. (3) The determination of fair market value of the undeveloped land by the City Assessor, City Council, or designated appraisers, shall be det�rmined as of thF time of preliminary subdivision approval is granted as long as there is final plat approval within the time limits as set forth in this chapter. The time of preliminary plat approval is utilized because the nature 2 � � " r . • of the subdivision, its probable population, lot size and value, and other relevant factors are known. If an extension of the time limits in this chapter is approved by the City Council , the fair market value shall be determined as of the time of the approval of that extension. In determining the fair market valuF as of time of preliminary plat application, or the extension thereof, the factors to be included in the analysis shall include any and all factors which are generally accepted and used by approved members of SREA or MAI or equivalent real estate appraisal societies. (4) Notwithstanding the above, in no event shall the cash contribution per lot be less than $500.00 pez lot or $300.00 per dwelling unit. F. Development of Land Previousl Platted. If the land has already bFen previously subdivided and a f�e had not be�n previously paid, the requirements of this division shall apply at the time of the issuance of a building p�rmit for the primary structure . G. Future Subdivision. Any land which is furth�r subdivided, ai�ia�a or rFplatted oz applied for such subsequent to May 1 , 1990, shall be subj�ct to the rFquir�ments of the ordinance then in �ffect concerning dedication of land for public purpos�s, and credit shall be given for any charges pr�viously imposed upon that land if the subdivider can prov� that fees were previously paid. In no , event shall the City be liable for any payment which may be due because of a subsequent reduction in the application percentage of land or equivalent market value in cash to be dedicated. H. Administrative Procedures. The City Council shall establish such administrative procedures as they may deem necessary or appropriate to implement the provisions of this section of the code. Section 3. This ordinance shall have full force and effect upon its passage and publication. Passed by the Coucil of the City of Orono, Hennepin County, Minnesota, this 9th day of A�ril _, 1990. -� Jame R. Gza ek, � ATT T: . �////� . 0 ot y M allin, City Clerk 3 ORi3INANC$ #�_. SBCOI�D S$RIES AN ORDINANCB AMENDING SSCTION 10.01, SIIBDIVISION 1 (E) BEING TSE OFFICIAL ZONING MAP OF TS1� CITY OF OROHO, HSNNSPIF CODNTY, MII�NLSOTA SBCTION 34, TOWNSHIP 118, RANG$ 23 CAS$ FILE #1428 The City Council of Orono ordains as follows: SSCTION 1. Section 10.01, Subdivision 1 (E) of the Zoning Code is hereby amended to rezone to a Planned Unit Development (hereinafter referred to as "PUD No. 1") with underlying B-6 zoning , in accordance with the Plannned Unit Development/Subdivision Agreement on file in the City Clerk's office dated April 23, 1990, the following described property located within the City of Orono, Minnesota: Lots 1 and 2, Block 1 and Outlots A, B, C and D, all East Willow Woods, according to the plat thereof on file in the Office of the Registrar of Titles , Hennepin County, Minnesota. S$CTION 2. The Zoning Map of the Ciy of Orono referred to and described in said Section 10.01, Subdivision 1 (E), shall not be republished to show the aforesaid rezoning, but the Zoning Administrator or her designee shall appropriately mark the Zoning Map on file in the City Clerk's office for the purpose of indicating the rezoning provided for in this Ordinance and all of the notations, references and other information shown thereon are hereby incorporated by reference and made a part of this Ordinance. SECTION 3. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this 23rd day of April, 199 , by a vote of � ayes and � nays. � � Dorothy . allin, City Cler Ja e R. Gra , Mayor � � � ORDINANCE NO. 84 , SECOND SffitIES AN ORDINANCE ESTABLISHING A MORATORIIIM ON THE GRANTII�G OF BIIILDING P$RMITS, LAND SIIBDIVISION/ZOWING APPLICATIOHS, CONDITIONAL OR SPECIAL IISS P1;RMITS, VARIANCES OR BV$RY OTHER AIITHORITY FOR THB DEVELOPMBNT OF ANY FACILITIES OF A LOCAL GOVERNMENT APART FROM THE CITY OF ORONO'S FACILITIES OR THE SCHOOL DISTRICT WITHIN THSIR OWN BOIINDRIES. The City of Orono ordains: The municipal Code of the City of Orono is amened by adding Ordinance No. 84 , Second Series. Section 1. Statement of Policy. - The City Council finds the City is faced with potential for applications for development of local government facilities which raise the potential issue as to the most appropriate land use, compatibility with residential development together with the potential threat for annexation of property so developed into that of another jurisdiction. The City is in the process of re-evaluating its official controls in order to determine what appropriate place, if any, there is to permit such facilities within its jurisdictional boundries. The Council finds that amending any other official controls can not be done until a study is completed and a hearing held. During this interim period it is desirable that Council establish criteria for those who wish to develop property in order to bring about savings in public and private expenditures and provide public guides to the future City action. The City determines there is an urgency invol ved because of the need to control development during the interim period so that the benefits of proper planning will not be lost, to preserve the status quo pending adoption of these measures so the City will not be impared in its ability to effectuate the purposes and goals of these planning efforts. Since enactment of an ordinance will undoubtedly modify existing regulation concerning permitted land use and zoning performance standards, the granting of various zoning and permit applications during this interim period would be detrimental to the effectuation and contrary to the purpose of the zoning enab 1 ing ac t. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study period to avoid discrimination and unfair advantage to a few to the detriment -of the entire City. Therefore, the Council and staff's authority to grant permits described herein shall not be exercised during the limited term - of this ordinance, except as provided in Section 6. Section 2. Restrictions on the Granting of Permits and , .• T� t Apglications. No building permit for construction or total replacement, land subdivision applications , rezoning applications, conditional or special use permits, variances or other authority for development of any local government facilities within the City shall be granted for any purpose that would be inconsistent with the intent of the ordinance, including but not limited to any local government offices or other facility. Section 3. Exceptions. Exceptions or modifications of such facilities during the moratorium can grant variances on a case by case basis showing unique hardships on a 3/5 majority vote. � Section 4. Area of Application. This ordinance shal 1 apply to all land within the boundaries of the City. Section 5. Duration. This ordiance shall expire on February 28 , 1991, without Council action or it may be repeale earlier if the Council determines that the requisite studies have been completd and adopted and that the appropriate evaluation and action, including any necessary revisions of the Zoning Code, have been finalized. The duration of this ordinance may be extended by adoption of a subsequent ordinance. Section 6. Variances. Council may grant a variance to this section if it finds after careful review of all the facts the proposal is not contrary to the intent of its Comprehensive Community Management Plan and that it is compatible with the zoning and official control amendments being considered by the City and that it does not adversely impact the health, safety or welfare of the citizens. Section, 7. Separability. Every section, provision, or part of this ordinance is declared separable from every other section, provision or part and if any section, provision or part thereof or action taken hereunder shall be held invalid, it shal 1 not affect any other section, provision or part. Section 8. This Ordinance shall be published in the Laker and Pioneer newspapers and shall be effective immediately upon adoption. Adopted by the City Council of the City of Orono on the 29th day of Mav , 1990, by a vote of 3 ayes and 2 nays. ATT ST: Jame R. Gra e , M or � � . � orothy M. allin, City Clerk Publish th week of June 11, 1990 in the Laker/Pioneer newspaper. 2 t . t ♦ ♦ ^�t SRA UNIFORM ELECTRIC FRANCHISE ORDINANCE NO. 85, Second Series CITY OF Orono , Hennepin COUNTY MINNESOTA AN ORDINANCE GRANTING TO Northern State� PO�er Company MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF Orono , MINNESOTA AN ELECTRIC DISTRIBU- TION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPUR- TENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. The City Council of the City of Orono does ordain: SECTION 1 . DEFINITIONS 1 . 1 "City" In �this Ordinance, "City" means the City of Orono , County of Hennepin , State of Minnesota. 1. 2 "City Utility System" means the facilities used for providing sewer, water, or any other public utility service owned or operated by City or agency thereof. 1. 3 "Company" means Northern States Power Companv . a Minnesota corporation, its successors and assigns. . 1.4 "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Division General Manager thereof at 5505 County Road �.9 Notice to City shall be mailed to the City Clerk. Excelsior, MN 55331 1.5 "Public Way" means any street, alley, or other public right-of-way within the City. 1. 6 "Public Ground" means land owned by the City for park, open space or similar purpose, which is held for use in common by the public. , - 1.7 "Electric Facilities" means electric transmission �and . distribution towers, poles, lines, guys, anchors, ducts, . . + ' � ` •,4• \ � fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public use. SECTION 2. FRANCHISE 2. 1 Grant of Franchise. City hereby grants Company, for a period of twenty years from April 1 , 1987 , the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extend- ed in the future. For these purposes , Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City subject to the provisions of this ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to zoning ordinances, other applica- ble ordinances, permit procedures, and to the further provisions of this franchise. 2. 2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its publication as required by law (and the City CharterJ . An acceptance by the Company must be filed with the City Clerk within 90 days after publication. 2. 3 Service Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City currently are subject to the jurisdiction of the Minnesota Public Otilities Commission. The area within the City in which the Company may provide electric service currently is subject to the provisions of Minnesota Statutes, Section 216B. 40. 2. 4 Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2.5 Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to inter- pret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS 3. 1 Location of Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and they shall be located on Public Grounds as determined by the • City. The Company's construction, reconstruction, operation, 2 '.� �� ( � repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of t�e City. 3. 2 Field Locations. The Company shall provide field locations for any of its underground Electric Facilities within a reasonable period of time on request by the City. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal underground facilities for the Company. 3. 3 Street Openings. The Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit condi- tions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event the Company shall notify the City by telephone to the office designated by the City before opening or distributing a paved surface of a Public Way or Public Ground. Not later than the second working day thereafter, the Company shall obtain any required permits and pay any required fees. 3. 4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish,' equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to the Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of the Company. The Company shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City. 3.5 Shared Use of Poles. The Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by the Company because of such use by City. � . 3 .� � � r ( SECTION 4. RELOCATIONS 4. 1 Relocation of Electric Facilities in Public Ways. Except as provided in Section 4. 3 , if the City determines to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order the Company to relocate its Electric Facilities located therein. The Company shall relocate its Electric Facilities at its own ex- pense. The City shall give the Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4. 2 Relocation of Electric Facilities in Public Ground. E�:cept as may be provided in Section 4.3 , City may require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at the Company' s expense. The provisions of 4.2 apply only to Electric Facilities constructed in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right. 4.3 Projects with State or Federal Funding. Relocation, removal, or rearrangement of any Company facilities made neces- sary because of the extension into or through City of a federally-aided highway project shall be governed by the provi- sions of Minnesota Statutes, Section 161. 46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is . not available. 4 . . � '�.',�� � �- 4. 4 Liability. Nothing in the Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. SECTION 5. TREE TRIMMING The Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construc- tion, operation, repair and maintenance of any Electric Facili- ties installed hereunder, provided that the Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION 6. 1. The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City' s negligence as to the issuance of permits for, or inspection of, �the Company' s plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company' s determina- tion. 6.2 In the event a suit is brought against the City under circumstances ,where this agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City shall be entitled to assert in any action every . defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS The City shall give the Company at least two weeks ' prior written notice of a proposed vacation of a Public Way. Except where required for a City street or other improvement project, the vacation of any Public Way, after the installation of , Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, 5 s1. ' �*a� . / � • , � \ until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are �irst paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160. 29. SECTION 8. CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE 9 . 1 Separate Ordinance. During the term of the franchise hereby granted, and in lieu of any permit or other fees beinq imposed on the Company, the City may impose on the Company a franchise fee of not more than five percent of the Company' s gross revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. ' The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 9. 2 Terms Defined. The term "gross revenues" means all sums, excluding any surcharge or similar addition to the Company' s charges to customers for the purpose of reimbursing the Company for th'e cost resulting from the franchise fee, received by the Company from the sale of electricity to its retail custom- ers within the corporate limits of the City. 9. 3 Collection of the Fee. The franchise fee shall be payable not less often than quarterly, and shall be b�sed on the gross revenues of the Company during complete billing months during the period for which payment is to be made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds. The time and manner of collecting the fran- . chise fee is subject to the approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its gross revenues records . available for inspection by the City at reasonable times. 6 1. •,).w � , �, � 9. 4 Conditions on the Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater percentage on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles. SECTION 10. SEVERABILITY If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. SECTION 11 . AMENDMENT This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of the Company' s written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED This franchise supersedes any previous electric iranchise granted to the Company or its predecessor. Passed and approved June 11, 1990 � May of the C Orono Min esota ATT T: / � / ' lerk of e City of Orono , Minnesota 0060RE02.B18 , 7 y , i . - w (As Approved by the SRA Board 04/15/87) SRA UNIFORM ELECTRIC FRANCHISE - ORDINANCE NO. 86, 2nd Series CITY OF ORONO, HENNEPIN COUNTY MINNESOTA AN ORDINANCE GRANTING TO WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ORONO, MINNESOTA AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. The City Council of the City of Orono does ordain: SECTION 1 . DEFINITIONS 1 . 1 "City" In this Ordinance, "City" means the City of Orono, County of Hennepin, State of Minnesota . 1 . 2 "City Utility System" means the facilities used for providing sewer, water, or any other public utility service owned or operated by City or agency thereof . 1 . 3 "Company" means Wright-Hennepin Cooperative Electric Association, a Minnesota corporation, its successors and assigns . 1. 4 "Notice" means a writing served by any party or parties on any other party or parties . Notice to Company shall be mailed to the Division General Manager thereof at P.O. Box 330, Maple Lake, Minnesota 55358-0330, Notice to City shall be mailed to the City Clerk. 1 . 5 "Public Way" means any. street , alley, or other public right-of-way within the City. 1 . 6 "Public Ground" means land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1 . 7 "Electric Facilities" means electric transmission and distribution towers, poles, lines, guys, anchors, ducts, fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for �ublic use. SECTION 2 . FRANCHISE 2 . 1 Grant of Franch�se. City hereby qrants Company, for a period of twenty years from the date this ordinance becomes effective, the riyht to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City subject to the provisions of this ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to zoning ordinances, other applicable ordinances, permit procedures, and to the further provisions of this franchise. 2 . 2 Effective Date • Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its publication as required by law [and the City Charter) . An acceptance by the Company must be filed with the City Clerk within 90 days after publication. 2 .3 Service Rates and Area . The Company will provide adequate, efficient, and reasonable electric service and at rates which fairly reflect the costs of doing business on its utility system. The Company is an electric cooperative governed by Minnesota Statutes, Section 308A. Its business is conducted by a board of directors elected by the members . The rates for electric service are set by the board of directors and are reviewed periodically based on cost of service studies prepared by professional consultants . 2 . 4 Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2 . 5 Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. -2- SECTION 3 . LOCATION OTHER REGULATIONS 3 . 1 Tn�ati �ri of Facilities . Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Publie Ways and they shall be located on Public Grounds as determined by the City. The Company' s construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. 3 . 2 Field Locations . The Company shall provide field locations for any of its underqround Electric Facilities within a reasonable period of time on request by the City. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal underground facilities for the Company. 3 . 3 �treet Openinas.. The Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities . In such event the Company shall notify the City by telephone to the office designated by the City before opening or distributing a paved surface of a Public Way or Public Ground. Not later than the second working day thereafter, the Company shall obtain any required permits and pay any required fees . 3 . 4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to the Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the e�pense of the Company. The Company shall pay to the City the cost of ,such work done for or performed by the City, including its administrative expense and overhead, plus ten percent additional as liquidated damages . This remedy shall be in addition to any other remedy available to the City. 3 . 5 Shared Use of Poles . The Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company., by -3- another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by the Company because of such use by City. -- SECTION 4 . RELOCATIONS 4 . 1 Relocation of Electric Facilities in Public Wavs . Except as provided in Section 4 .3, if the City determines to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order the Company to relocate its Electric Facilities located therein. The Company shall relocate its Electric Facilities at its own expense. The City shall give the Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company egpense, the City shall reimburse Company for non-betterment e�penses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement . 4 . 2 Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 4 .3 , City may require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put . The relocation or removal shall be at the Company' s expense. The provisions of 4 . 2 apply only to Electric Facilities constructed in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right . 4 .3 Prol�^*s with State or Federal Fund� na . Relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161 .46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right . City shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless tlie reasonable non-betterment costs of such -4- relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4 . 4 Liability. Nothing in the Ordinance reiieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. SECTION 5 . TREE TRIMMING The Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder and spray same with herbicides approved by the Environmental Protection Agency, provided that the Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6 . TNDEMNIFICATION 6 . 1 . The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negliqence except for losses or claims arising out of or alleging the City' s negligence as to the issuance of permits for, or inspection of, the Company' s plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company' s determination. 6 .2 In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf . -5- 1 � � SECTION 7. VACATION OF PUBLIC WAYS The City shall give the Company at least two weeks ' prior written notice of a proposed vacation of a Public Way. E�cept where required for a City street or other improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resultinq from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a rigt�t-of-way, under Minnesota Statutes, Section 160 .29 . SECTION 8 . CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9 . FRANCHISE FEE 9 . 1 �xparate Ordinance. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee of not more than five percent of the Company' s gross revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail . 9 . 2 Terms Defing�. The term "gross revenues" means all sums , excluding any surcharge or similar addition to the Company' s charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee, received by the Company from the sale of electricity to its retail customers within the corporate limits of the City. 9 .3 �'^llection of the Fee. The franchise fee shall be payable not less often than quarterly, and shall be based on the qross revenues of the Company during complete billinq months during the period for which payment is to be made. The percent � fee may be changed by ordinance from time to time; however, each chanqe shall meet the same notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legally charge to its customers prior to payment to the City by imposinq a surcharge -6- . • • ' equivalent to such fee in its rates for electric service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds . The time and manner of collecting the franchise fee is subject to the approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its gross revenues records available for inspection by the City at reasonable times . 9 .4 Gonditions on the Fee. The separate ordinance imposinq the fee shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater percentaqe on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles . SECTION 10 . SEVERABILITY If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. SECTION 11 . AMENDMENT This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of the Company' s written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. SECTION 12 . PREVIOUS FRANCHISES SUPERSEDED This franchise supersedes any previous electric franchise granted to the Company or its predecessor. Passed and approved June 11, 1990 Mayor of the City f O�ono Minnesota ATTEST: Cler of the City of rono Minnesota � �- -7- -� r ORDINANCE N[JMBER 86 , S$COND SERI$S SIIMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 86 , Second Series" and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the ti t le and such summary wi 11 c le ar ly inform the pub 1 ic of the intent and effect of the ordinance . � • OFFICIAL SIINIlKARY OF ORDINANCE NLJMBER 86 , SECOND SERIES AN ORDINANCE ESTABLISHING A UNIFORM ELECTRIC FRANCHISE IN THE CITY OF ORONO. The following is the official summary of Ordinance Number 86 , Second Series approved by the City Council of the City of Orono on June 11, 1990 An Ordinance granting to Wright Hennepin Co-Op Association, a Minnesota Corporation, its successors and assigns, permission to construct, operate, repair and maintain in the City of Orono, Minnesota an electiric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants, and others, and to use public way and public grounds of the City for such purposes. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk. This Ordinance becomes effective upon publication, the week of June 18, 1990 . Adopted by the City Council of the City of Orono on this 11 day of ,Tune , 1990, by a vote of 5 ayes and 0 nays. �-- Jam s R. Grabe or ATTEST: i thy allin, ity Clerk � Published in the Laker/Pioneer newspaper the week of June 18, 1990 . ORDINANCE NiJMBER 87, SBCOND SERIES SDIrII�IARY APPROVED The Council hereby determines that the text of the summary of this �ordinance marked "Official Summary of Ordinance Number 87, Second Series" and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. - , . � . • � � � OFFICIAL SDI�II�IARY OF ORDINANCE NLiI�$R 87, SECOND SffitIES AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The following is the official summary of Ordinance Number 87, Second Series approved by the City Council of the City of Orono on August 13, 1990. The following Chapters of the Minnesota State Building Code have been adopted to ref lect the current adoption by the State of Minnesota. Administration Required. 1. Chapter 1305 - Adoption of 1988 Uniform Building Code by Ref erence. 2. Chapter 1315 - 1987 National Electrical Code. Permits, Inspections and Collection of Fees shall be provided for in Chapter 3 of the Uniform Building Code 1985 Edition. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk. This Ordinance becomes effective upon publication, the week of August 2Q, 1990. Adopted by the City Council of the City of Orono on this 13th day of August, 1990, by a vote of 4 ayes and 0 na � - Do othy allin, City Clerk Jam s R. Gra ayor Summary published in the Lake.�/Pioneer newspaper the week of August 20, 1990. , 1 A +` ��IN�C$ � 8 7i S$C�� S�I�$ An Ordinance adopting the Minnesota State Buildinq Code; providing for its administration and enforcement; requlating the erection, construction, enlargement, alteration, repair, movinq, removal, demolition, conversion, occupancy, equip�ent, use, height, area and maintenance of all buildings and/or structures in the City of Orono; providinq for the issuance of permits and collection of fees therefore; providing penalties for the violation thereof; amendinq Section 12.01 - Building Code Adopted, of the Orono LKunicipal Code and all other ordinances and parts of ordinances in conflict therewith and repeals Ordinance 37. Second Series which was adopted by the City- Council on June 29z 1987. The City Council of Orono ordains as follows: Subdivision 1. Building Code. The Minnesota State Building Code, esta is ed pursuant to Minnesota State Statutes 16B.59 through 16B.73, one copy of which is on file in the office of the City Clerk, is hereby adopted as the Building Code for the City of Orono. Such Code is hereby incorporated in this Ordinance as completely as setout in full. A. Administration Required. l. Chapter 1300 - Code Administration. 2. Chapter 1305 - Adoption of 1988 Uniform Building Code by Reference. 3 . Chapter 1315 - 1987 National Electrical Code. 4. Chapter 1320 - Elevators and Relocated Machines. 5. Chapter 1325 - Solar Energy Systems. 6. Chapter 1330 - Technical Required for Fallout Shelters. 7. Chapter 1335 - Flood Proofing Regulations - Parts 1335.0600 to 1335.1200, and CPR Sections 205.4 to 208.2. 8. �Chapter 1340 - Facilities for the Handicapped. 9. Chapter 1345 - Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code. 10. Chapter 1350 - Manufactured Homes. 11. Chapter 1355 - Plumbing Code. 12. Chapter 1360 - Prefabricated Structures. 13. Chapter 1365 - Variation of Snow Loads. 14. Chapter 4215 - Mode Energy Code. � : � B. Administration Optional. 1. Chapter 1305.0150, Subpart 2. 2. UBC Appendix Chapters 1, 7 38 and 55. 3. Chapter 1305.6905 - Special Fire Suppression Systems with Option of Group B-2 2000 or More Gross Square Feet. Subdivision 2. Organization and Enforcement. The organization of t e Bui ding Department and enforcement of the Code shall be as established by Chapter 2 of the Uniform auilding Code 1985 Edition. The Code shall be enforced with the corporate limits of the City and extraterritorial limits permitted by States Statutes 1984. A. The Building and Zoning Department shall be the Building Code Department of the City of Orono. B. The Administrative Authority shall be the State Certified Building Official. C. The appointing Authority shall designate the Building Official for the jurisdiction of Orono. Subdivision 3. 1. Permits, Inspections and Fees. Permits, inspections and collection of fees shall be provided in Chapter 3 of the Uniform Building Code 1985 Edition. 2. Surcharge. In addition to the permit fee required by Item #1, the applicant shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes 1984, Section 16B.70. Subdivision 4. Violations and Penalties. Shall be in keeping with Minnesota Statutes 609.033 - 609.034 which provides for a maximum fine of $700.00. Subdivision 5. Adoption and Publication. This ordinance shall be effective upon- adoption, and a short summary shall be published in the Laker and Pioneer newspaper. Adopted by the City Council of Orono on this 13th day of Aug t, 1990, by a vote of 4 ayes and 0 nays. . � 0 othy . allin, City Clerk Jam s . Grab r Summary published in the Laker/Pioneer newspaper the week of August 20, 1990 . • � M • ORDINANCS NO. 88 , SECOND SERIES AN ORDINANCE REPEALING ORDINANCE N0. 5.30 ADOPTED APRIL 1, 1984, AND ORDINANCE N0. 50, SECOND SERIES ADOPTED APRIL 25, 1988, AN ORDINANCE RELATING TO SOLICITOR AND TRANSIENT MERCHANTS The City Council of the City of Orono ordains: Ordinance No. 5.30 adopted April 1, 1984, and Ordinance No. 50, Second Series adopted April 25, 1988 an ordinance relating to solicitor and transient merchants is repealed and replaced with: SEC. 5.30. SOLICITOR AND TRANSIENT MERCHANTS Subd. 1. Purpose. This Section is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The Council finds, however , that so licitors have used pub lic streets and their direct contact with residents of the City for the illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or unlawful activities. This section is intended to ferret out and control: (1) businesses and organizations using solicitation as a means of concealing unlawful activities; and (2) businesses and organizations which, though its activities be lawful or even commendable, use such illegitimate practices in solicitation; and, (3) individual natural persons who, though they represent lawful business and organizations, use such illegitimate solicitation practices; and, (4) businesses and transient merchants, though legitimate, which cause, or are likely to cause, a traffic hazard or other inconvenience or danger to persons or property. The Council further finds that a large number of the residents of the City are employed as their livelihood and means of support by manufacturing plants and other businesses on shifts rotating between night and day, and to disturb them during their sleeping hours for the purpose of solicitation is a source of nuisance or even harassment and should be subject to control. Subd. 2. Definitions. The following terms, as used in this Section, shall be the meanings stated: A. "Solicitor" means any person making the solicitation, including such common terms as "peddler" , "transient merchant" and "canvassar" . B. "Solicitee" means the person solicited. C. "Goods" means any tangible thing of value, but not inc luding money, things in action or intangib le personal property other than merchandise certificates or coupons as herein described. The term inc ludes such chatte ls as are furnished .or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, impro vement or construction of real property so as to become a part thereof whether or not 1 severable therefrom. The term also includes merchandise certificates or coupons , issued by a retail seller , not redeemable in cash and to be used in their face amount in lieu of cash, in exchange for goods or services so ld by such seller. D. "Services" means work, labor , or services of any kind. E. "Established place" means a building and its real estate that constitute a principal use under the zoning code in the City owned, leased or occupied on a month-to-month or term-certain longer than sixty (60) consecutive days subject to all applicable zoning ordinances. The term includes a booth, compartment, or area leased or assigned during and for the length of an event or occasion. F. "Business solicitation" means an attempt by a solicitor, which is not a transient merchant activity, engaging in transactions of the same kind, to sell or distribute for a consideration any goods or services primarily for personal, family, or household purposes, when either the solicitor or person acting for him contacts the solicitee by telephone or in person, other than at the established place of business or solicitor, except: (1) an attempted solicitation in which the � solicitee personally knows the identity of the solicitor, the name of the business firm or organization he represents, and the identity or kinds of goods, ser vices or things of value offered; or, (2) an attempted solicitation in which the solicitee has first initiated the contract with the solicitor; or, (3) an attempted solicitation of a newspaper subscription in which the so licitor is a minor child engaged in both the de livery and sale of the newspaper; or, (4) an attempted solicitation for the sales of products of a farm or garden occupied or cultivated by the solicitor, when facts of such occupancy or cultivation are proven by the so licitor. G. "Contribution solicitation" means an attempt by a solicitor to obtain money from a solicitee for any cause or purpose, when either the solicitor or person acting for him contacts the solicitee by telephone or in person other than at the established place of ineeting, business, service, or activity of the organization represented by the solicitor, except: (1) an attempted so licitation in which the solicitee personally knows the identity of the solicitor, the name of the organization he represents, and the identity of the services performed or offered by the organization, or, (2) an attempted solicitation in which the solicitee has first initiated the contact with the solicitor or the organization represented by him. H. "Transient Merchant Activities" means engaging in any temporary, intermittent, or transient sales �or exchanges of any goods, wares , or services to other than businesses by setting up any outdoor stand or structure, or by using any truck, automobile, or any other vehicle, for such 2 purposes at any point or place in the City. I. "Transient Merchant" means any person engaging in transient merchant activities. Subd. 3. Prohibited Solicitation and Transient Merchant Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor or transient merchant to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation or transient merchant activities. C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the words "Peddlers and Solicitors Prohibited" or "Solicitors Prohibited". D. It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, lessee, or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for any person to engage in business solicitation or transient merchant activities without a license as herein pro vided. G. Transient merchant activities can only be conducted on commercially zoned properties. H. A transient merchant can only be licensed for a maximum of 10 days per year. Subd. 4. Application. Applications for solicitor and transient merchant licensing or registration shall contain the name and address of the solicitor or transient merchant and such other information as may reasonably be required by the Council as a condition to registration or licensing or to permit investigation into the applicant's background and past solicitation practices or transient merchant activities. Application for solicitor licensing shall also contain the name and address of the business or organization for which solicitations are sought. Subd. 5. Investigation, Approval or Disapproval. A. All applications for licensing or 3 � � . , ', .' . registration shall be immediately referred to the Chief of Police, and by him or other person acting in his stead, investigated as to the truth thereof, and as to any other factor which may result in a hazard or danger to persons or property. The Chief of Police shall have five (5) business days within which to investigate and make a recommendation thereon. B. If he finds no past history of the applicant indicating violations similar to those declared unlawful in this Section, and if he finds that to grant the application is not likely to result in a hazard or danger to persons or property, he shall recommend issuing a license or approving registration, as the case may be, and the City Clerk shall forthwith advise the applicant. The City Clerk shall issue a license, upon payment of the fee therefore, to the approved applicant for business solicitation or transient merchant activities, and shall approve the completion of registration by the applicant for a contribution solicitor . C. If the Chief of Police finds a past history of the app licant indicating violations similar to those dec lared unlawful in this Section, or if he finds that to grant the application is likely to result in a hazard or danger to persons or property, he shall recommend denial of the license or registration. In all matters of recommended denial the app licant shall be forthwith advised thereof, and the application shal 1 be referred to the Council and considered by it at its next regular or special meeting occurring more than ten (10) days thereaf ter. The applicant shall be afforded an opportunity to be heard at such meeting. Subd. 6. Duration of Contribution solicitation Registration. Registration of contribution so licitation shall expire sixty (60) days after registration is approved. This ordinance becoraes effective from and after its passage and publication. Passed by the Council this 27th day of August, 1990. ATTE : Jame R. Grabek, or orothy M a11in,, City Clerk a ORDINANCE # 8 g , SECOND SffitIES AN ORDINANCE AMENDING ORDINANCE �82, SECOND SERIES OF THE ORONO CITY CODE RELATING TO PARK DEDICATION AND CASH FOR DEVELOPMENT OF LAND. The City Council of the City of Orono ordains as follows: Ordinance #82, Second Series adopted April 9, 1990 is hereby amended by the repeal of Section 2, Subdivision F. Development of Land Previously Platted. This amendment shall have full force and ef'fect upon its passage and publication. Passed by the Council of the City of Orono, Hennepin County, Minnesota, this 8th day of October, 1990. y ; ward J. Ca a an, Jr. , A ing Mayor ATTEST: /�Q�A� - /l-/�.t� Theresa L. Naab, Deputy Clerk Publish the week of October 15, 1990 in the Laker/Pioneer newspaper i . ; f � ORDINANCE #90, SECOND SERIES AN ORDINANCE ADOPTING AN INTERIM MORATORIIIM ON THE GRANTING OF BQILDING PERMITS, LAND SIIBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL DSE PERMITS, VARIANCES, OR OTHER AIITHORITY RE?�ATING TO TH8 SITING OF WIRELESS TELECOHIIrIiJNICATION FACILITIES AND STROCTIIRES IN ALL ZONING DISTRICTS IN THE CITY OF ORONO The City Council of Orono does ordain: The Municipal Code of the City of Orono is amended to add: SECTION l. Statement of Policy. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of commercial and industrial activity so as not to unreasonably conf lict with the primary residential and agricultural character of the City. SECTION 2. Interim Moratorium. To facilitate the purpose stated in Section 1 the City Council finds it necessary to impose a one year moratorium, pursuant to Minnesota Statute Section 469.355, Subdivision 4, granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances, or other authority relating to the siting of wireless telecommunication facilities and structures in all zoning districts in the City of Orono. SECTION 3. Study of Telecommunication Facilities. For the purposes of this Section the words used herein shall have the following meaning: 1. Telecommunication - the wireless transmission, emission or reception of energy or communication impulses by cable, microwave, satellite or radio signals affecting radio, telephone, telegraph or television communication or medical or industrial energy transmissions. 2. Facility - any antenna, tower, or structure associated with the transmission , emission or reception of telecommunication signals. S$CTION 4. Duration. This ordinance may be extended by the City Council for a period not to exceed an additional eighteen months beyond its initial expiration, unless the City Council determines it is no longer required because the requisite studies have been completed and adopted and appropriate evaluation and action, including any necessary revisions to the zoning code, have been finalized. S$CTION 5. Effective Date. This ordinance shall be effective as . of October 8, 1990. ' Adopted by the City Council of Orono on this 8th day of � October, 1990, by a vote of 4 ayes and 0 nays. : � , � Theresa L. Naab, Deputy Clerk E ard J. Cal h n, cting ayor � � I � ORDINANCE NIIMBER 91 . SECOND SERIES SIIMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 91 , Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. 1 , , . ,. OFFICIAL SIINIlKARY OF ORDI�ANC13 NUMBER 91 , SECOND SERIES ORDINANCE NO. 91 , SECOND SBRIES AN ORDINANCE ADOPTING THE 1991 FEE SCHEDIILE AN ORDINANCE REPEALING ORDINANCE NO. 62 SECOND SERIES, 65 SECOND SERIES, 68 SECOND SERISS, 70 SECOND SERIES, 73 SECOND SBRIES, 74 SECOND SERIES AND 76 SECOND SERIES. The following is the official summary of Ordinance Number 91 , Second Series appro ved by the City Council of the City of Orono on December 10, 1990 . The following sections have changes, additions and/or deletions: ZONING APPLICATIONS 1990 1991 SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule setforth below: Professional Time $ 27 . 50/hour $ 28. 00/hour Clerical Time $ 16. 50/hour $ 16. 70/hour 3UILDING PERI�IIT Minimum Fee $ 30 . 00 Deleted All reference to the 1985 UBC/SBC Standard Schedule is now: 1988 UBC/SBC Stnadrar Schedule MECHANICAL PERMIT Residential, Single Family & Duplex by Unit Type -fire sprinkler systems $ 15. 00 per $ 30 per project project ALL CONNECTION CHARGES (IF NOT PREVIOUSLY ASSESSED) BY DISTRICT - PROJECT ALL SANITARY SEWER CONNECTION CHARGES Various Various reflecting (If not previously assessed) cost of investment ALL MUNICIPAL WATER CONNECTION CHARGES Various Various reflecting (If not previously assessed) cost of investment ON-SITE SYSTEMS Subdivision Site Evaluation $ 30 . 00/per $ 50 .00/per new lot Report Review new lot Annual Service Charge $ 20 .00/system $25.00/system/year plus /year plus An additional full fee for �.ate penalty plus 8$ interest for unpaid charges certified. 2 CONSTRUCTION PERMITS AND 1990 1991 INSPECTION FEES WELL PERMITS -Installation of New/Replacement well $ 30 . 00 Deleted (covers abandonment of old well) -Well Abandonment (not concurrent with $ 30 . 00 Deleted installation of new/replacement well) BUILDING MOVING OR LIFTING -Moving accessory building over any $100 . 00 Deleted lot line, onto or off any lot within Orono (includes oversize loads up to 12' wide and/or 15' high) . SPECIAL INSPECTION CHARGES � ' Well Site Inspection $ 30 . 00 New (If Required or Requested) LICENSES AND MISCELLANEIOUS CHARGES FIREWORKS PERMIT $ 30 . 00 $ 50. 00 LIMITED TRAPPING PERMIT $ 10. 00 $ 20 . 00 PERMIT FOR PARADES & SPECIAL EVENTS $ 25 . 00 $ 50. 00 Police Department Administered COPY FROM MICROFICHE FILE First Two Copies $ 5. 00 No Change Additional Copies $ . 25 $ . 50 POBLIC WORRS DEPARTMENT MISCELLANEOIIS CHARGES Utility Service Rates Water Turn-On $ 15. 00 $ 17. 50 Water Turn-Off $ 15 . 00 $ 17. 50 RECYCLING CHARGE $ 9. 00/year $ 12. 00/year 3 � •i � � ?UBLIC WORKS DEPARTMENT 1990 1991 NIISCELLANEOUS CHARGES Continued GOLF COURSE CHARGES - Effective date 1991 Season Monday thru Friday (excluding Holidays) Begin Play Before 12: 00 Noon lst Nine Holes $ 6. 00 $ 6. 50 2nd Nine Holes $ 4.00 $ 4. 50 After 12 Noon and Weekend Rates lst Nine Holes $ 6. 50 $ 7. 00 2nd Nine Holes $ 4. 00 $ 4. 50 League Rates Monday thru Friday $ 6.00 $ 6. 50 Senior Citizen (Over 60 years old) , Begin Play Before 12: 00 Noon - Weekdays lst Nine Holes $ 4. 00 $ 4. 50 2nd Nine Holes $ 4 . 00 $ 4. 50 GOLF CART RENTAL (After 12:00 & Weekends) P�otorized lst nine holes $ 10 . 00 $ 10. 00 2nd nine holes $ 8. 00 $ 8. 00 Monday thru Friday (Excluding Holdiays) lst nine holes - - $ 6.00 Begin play before 12: 00 noon - - $ 6.00 � printed copy of the 1991 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January l, 1991. Adopted by the City Council of the City of Orono on this lOth day of l�er�aml-�2r , 1990, by a vote of 4 ayes and 0 nays . ATT T: Jam s . Grabek , Mayor c�, . or thy M. allin, City Clerk 4 DII�fCl�C FO�t 1991 FEE SC�JL� oqiy Charges Page Lioenses aid Mis�ella�e�us Page Permits (Qont.) Page Administration . . . . . . . .20 Garbage Haulers License. . . .18 Retaining Walls. . . . . . . . 8 Accident R,eports . . . . . . .23 Home Occupation License. . . .19 Sprinkler Systems - Comner . .10 Building Plan Copies . . . . .20 Joint Use Dock License . . . .18 Trapping Permit (limited) . . .22 Copy Microfiche File - PD. . .23 Kennel License . . . . . . . .20 Water Meter Fees . . . . . . .10 Cop�y Service - Police Dept . .23 Septic Installers License. . .18 Reprint Oversized Documents Site Evaluator License . . . .18 on l�iicrofilm. . . . . . . . .20 Solicitatian License . . . . .19 Servives Tape Recording Duplicati� . .20 Te� Trailer/Building Lic. . .19 Fingerprinting (Polioe) . . . .23 Water Turn-On Charge . . . . .24 r�is �or Sale. . . . . . . . . .19 Water Turn-Off Charge. . . . .24 Oo�uiectioci Charges Sanitary Sewer . . . . . . . .11 Public Wbrks Supplies & Servives Signs Municipal Water. . . . . . . .14 Driveway Culverts. . . . . . .26 Street Signs (Public Works) . .26 Driveway/Curb Cut Permits. . .26 Temporary & Permanent. . . . .15 �� Temp. "No Parking" (P.D.) . . .23 Camprehensive Guide. . . . .19 Fermits Temp. "No Parking" (P.W.) . . .26 Special Assessment Searches. .20 After-the-fact-Fees. . . . . . 5 r�4unicipal Code/Ordinance . . .19 Annual Service Charge (Septic)14 Utility Rate Charges . . . . . .24 Realtors Listing Info. . . . .20 Building Permit Fees . . . . . 8 Recycling Charge . . . . . . . 24 Burning Permit Fee . . . . . .17 Replacement Bins . . . . . . . 24 False Alarm User fee . . . . . .22 Cert. of Occupancy . . . . . . 8 Demolitian Permit Fee. . . . . 8 Golf O�urse Rates. . . . . . . .25 Docks Zaning Applicatians Camnercial . . . . . . . . . 8 After-the-fact Fees . . . . . 5 Inspectians Residential. . . . . . . . 8 Amendments . . . . . . . . . . 3 Special Inspectian Charqes . .17 Fire Protection. . . . . . . .17 Appeal of P�7min Decisian . . . 5 Contractual Inspection Serv. .18 Firearms Permit Fee. . . . . .22 Comnercial Site Plan . . . . . 2 Well Site Inspection . . . . .17 Fireworks Permit Fee . . . . .22 Conditional Use Permit Fees. . 1 Grading, Excavating, Filling .15 Industrial Revenue Bond Appl . 5 Livenses a� t4isvellaneous Large Assembly Permits . . . .22 Park Dedication Fees . . . . . 7 After-the-fact Fees. . . . . . 5 Mechanical Permit Fees . . . 9 PUD Rezaning . . . . . . . . . 3 Amusement Devices. . . . . . .22 Nbve/'L�ift Building Permit Fee.16 Rezoning Applicatian Fee . . . 3 Animal Impound Fees. . . . . .21 r2unicipal Hookup (Sewer/Water)10 Rip Rap Application Fee. . . . 5 Beer, Wine & Liquor License. .21 On-Site Systems (Septic) . . .14 Special Improvements Appl. . . 4 Co�nercial PZarina License. . .18 Outhouse Construction. . . . .14 Subdivision Application Fee. . 2 Cigarette License. . . . . . .19 Parades & Special Events . . .22 Surcharge for Staff Expense. . 5 Dog License. . . . . . . . . .20 Pltm�bing Permit. . . . . . . . 8 Vacati� Application Fee . . . 3 Dance (Public) License . . . .22 Variance Application Fee . . . 1 Gambling/Raffle License. . . .19 � � ORDINANCE NO. , SECOND SERIES AN ORDINANCE ADOPTING THE 1991 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 62 SECOND SERIES, 65 SECOND SERIES, 68 SECOND SERIES, 70 SECOND SERIES, 73 SECOND SERIES, 74 SECOND SERIES AND 76 SECOND SERIES The City Council of the City of Orono ordains: Section 1. Ordinance Repealed. Ord inance No. 62 Second Ser ies, 65 Second Ser ies, 68 Second Ser ies, 70 Second Series, 73 Second Series, 74 Second Series and 76 Second Series are hereby repealed . The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the fol lowing Fees effective during the calendar year 1991: SBCTION 1. Fees. ZONING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the application. Applicable Application Type Fee Code Section VARIANCE $175.00 10.06, Subd 3 (D) (Flexible applications involving more than one variance will require an additional $50.00 payment per each variance) RENEWAL VARIANCE $100 .00 10.06, Subd 3 (D) � (No change from original application) - CONDITIONAL USE PERMIT (One charge per project) 10 .09, Subd 3 Residential Accessory Use (Animals, etc. ) $125. 00 10. 09, Subd 3 Institutional Use (School, Church, etc. ) $150 .00 10. 09, Subd 3 Duplex Credit (per building) $150. 00 10. 09, Subd 3 Guest House/Guest Apartment $150 .00 Commercial/Industrial Use $250. 00 10. 09, Subd 3 1 ZONING APPLICATIONS (CONT.) Applicable Application Type Fee Code Section CONDITIONAL USE PERMIT Continued (One Charge per Project) 10.09, Subd 3 Land Alteration: $200. 00 + permit Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore PRD Application with Subdivision Subdivision Fee plus $30 .00 per dwelling unit PRD Application without Subdivision $ 35. 00 per dwelling unit (minimum $150 .00) PID Applications $150. 00 per acre (minimum $350 .00) Renewal Conditional Use Permit 1/2 Current Fee (no change from original application) Conditional Use Permit with Variance $ 50. 00 for each variance After-the-Fact Fees Double Application Fee Res. �1306 & #1309 COMMERCIAL SITE PLAN $200. 00 + Consultant Fee SUBDIVISION Sketch Plan (Class I, II , & III) $150 .00 11. 10, Subd 7 (A) Preliminary Review $250.00 11.10, Subd 10(A) (B) (Class I & II Subdivisions) Preliminary Review $300.00 +$20/lot 11.10,Subd 10 (C) (Class III and all non-residential) ($360/3 lots; $380/4 lots) Final Plat Review (Class III) $150 .00 +Special Legal/Engineering Charges 11. 10, Subd 17 (A) (9) Filing Fees: a) 5ubdivision only $ 75. 00 11. 10, Subd 17 (A) (11) b) Subdivision + Easements & $150 .00 Covenants Renewal Subdivision Application 1/2 of current fee 2 ' , ZONING APPLICATIONS (CONT.) Applicable Application Type � Fee Code Section PUBLIC PROPERTY VACATION $ 50 . 00 per Section 10.11 benefitting property ($250.00 minimum per application) EASEMENT VACATIONS WITH SUBDIVISION $ 50. 00 Section 10. 11 APPLICATIONS EASEMENT VACATIONS NOT ASSOCIATED WITH $175 . 00 Section 10.11 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $250.00 Section 10 .11 PUD Rezoning - Allowed only within area adjacent to Highway 12 as defined in Comprehensive Plan Amendment No. 2 Ord 74 , 2nd Series Section 10. 53 PUD Rezoning: Residential $250. 00 + $35.00 per dwelling unit Commercial/Industrial $150. 00 per acre (min. $350 .00) � �; REQUEST TO AMEND COMPREHENSIVE PLAN $250. 00 Section 10. 11 3 ZONING APPLICATIONS (CONT.) Applicable Application Type Fee Code Section SPECIAL IMPROVEMENTS Section 11. 12, Subd 4 Non-refundable charges for City Engineer's review of applications and design drawing, including construction inspection fees. If impro vements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $600 . 00 plus 50�/lineal foot Proposed Public Roads $900. 00 plus 50�/lineal foot Request for City to accept existing $900.00 private road Proposed Sanitary Sewer Main Extension $250 .00 plus $5.00 per stub Proposed Watermain Extension $250. 00 plus $5. 00 per stub Proposed Storm Sewer System $200 .00 (excluding culverts) On-Site System - Site Evaluation Review $ 50 . 00 per new lot proposed (applicable to rural subdivision for on-site applications) 4 � ZONING APPLICATIONS (CONT.) Applicable Application T_ype Fee Code Section RIP-RAP Staff Review (normal rip-rap) No Charge � Unusual Rip-Rap: a) New installation $100. 00 + CUP review b) Repair existing Staff permit = $100 .00 APPEAL OF ADMINISTRATIVE DECISION $100. 00 10. 06, Subd 3 (D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250, 000. 00 Application Fee: 0.1$ of project valuation ($250. 00 minimum) plus $5,000 .00 deposit for legal/ administrative expenses SURCAARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Section 10. 11 Per Fee Schedule setforth below: Professional Time $ 28. 00/hour Clerical Time $ 16. 75/hour � � Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (App lies to all app lication types inc luding variances, conditional use_ permits, subdivision, zoning amendments, rip-rap permits, special imprqvement �reviews, grading permits, moving permits, business licenses, kennel licenses, all � building permits and all general permits.) - - This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. 5 . ZONING APPLICATIONS (CONT.) Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum app lication fee for after- the-fact applications shall be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Res. 1306 6 , ZONING APPLICATIONS (CONT.) PARK DEDICATION FEES I Ordinance �82, 2nd Series Amended �89, 2nd Series Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the sudbivider , in lieu of a conveyance or dedication of land, the cash contribution to be contributed shal 1 be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8� of the land being platted, subdivided or existing lot of record . (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8$ of the land being platted subdivided or existing lot of record. 7 , CONSTRIICTION PERMITS AND INSPECTION FEES Applicable Permit Type Fee Code Section BUILDING PERMIT � (Ord. 216) Minimum Fee $ 30. 00 Normal Fee (per 1988 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1988 UBC/SBC Standard Schedule) Residential 65$ of Building Permit Fee Building Valuation Standard (per Current I .C.B.O. Building Standards/Building Valuation Data) ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (change in use) $ 50 . 00 RETAINING WALLS (in excess of 42" also $ 30. 00 minimum multiple tiered walls that exceed 42" (per 1988 UBC Standard Schedule) and not located in lakeshore protected area) TREE REMOVAL WITHIN 0-75 ' $ 30 . 00 Ord. 10.22 Sub 3 DOCKS - RESIDENTIAL $ 30. 00 (Permanent and Initial Seasonal) DOCKS - COMMERCIAL Per 1988 UBC/SBC Standard Schedule DEMOLITION PERMIT (Ord. 216) Principal Structure $ 50 . 00 Initial inspection $ 25. 00 for each requested inspection beyond initial inspection Accessory Structure $ 30. 00 Initial inspection 8 CONSTRIICTION PERMITS AND INSPECTION FEES (CONT.) Applicable . Permit Type Fee Code Section PLUMBING PERMIT $ 30 . 00 minimum per project $ 5. 00/fixture $ 3. 00/fixture reset Mail-in postage & handling charge $ 1. 50 MECHANICAL PERMIT Minimum Fee for any Mechanical Permit $ 30.00 per project Mail-in postage & handling charge $ 1. 50 Residential, Single Familv & Duplex by Unit Ty e -furnace or boiler with flue $ 15.00 each unit -wood stove with flue $ 15.00 each unit -wood combination or add-on unit $ 15. 00 each unit -fireplace with flue $ 15.00 each unit -central air conditioning $ 15. 00 each unit -exhaust fans (bath, kitchen, attic, etc. ) $ 15.00 per project -solar space heating equipment $ 15. 00 each system -solar water heaters $ 15. 00 each unit -repairs and replacement of the above same as above -fire sprinkler systems $ 30 . 00 per project ' -fuel storage $ 30. 00 permanent or temporary -gas line inspection high/low pressure $ 15.00 -lawn sprinkler system $ 30. 00 each system 9 , , CONSTRDCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section Commercial, Industrial and D�ulti-Family Residential by Unit Tv e -residential type equipment $ 15. 00 per unit -furnace, boilers, unit heaters, and $ 15.00 per 50,000 btuh output makeup air units -central air conditioning $ 15 .00 per ton AC -exhaust fans $ 15. 00 per project -refrigeration $ 15.00 per compressor -fixed equipment with steam, hydraulic $ 15. 00 per 8 connections or compressed air system -kitchen exhaust vents $ 15 .00 -fuel storage $ 15. 00 permanent or temporary -fire alarm system $ 30 . 00 per system -lawn sprinkler system $ 30. 00 per system SPRINRLER SYSTEMS - COMMERCIAL -fire sprinkler systems $ 2. 00 per head/first 50 heads - . 30 per head after initial 50 Plan Review 1/2 permit fee Surcharge based on valuation -kitchen fire extinquishing system $ 30. 00 per system MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 30. 00 � Water $ 30 . 00 5/8" meter including sales tax $125. 00 3/4" meter including sales tax $163. 00 1" meter including sales tax $218. 00 larger meter quote basis .' '' � Mail-in postage & handling charge $ 1. 50 (sewer and water permits only) 10 ALL SANITARY SEWER CONNECTION CHARGSS (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an impro vement is required, the connection charge may be in addition to any assessment.) By District - Project Office Use Only *Credit to Fund 1963 ST-lA, LS-lA or ST1-B, LS1-B $225. 00 + $427. 80 per acre 1 + 31.11 per F.F. 1964 LS-lA or LS-1B $225. 00 + $31. 70 per F.F. 1 1965 LS-1 $225.00 + $46 . 67 per F.F. 1 1965 LS-lA $225. 00 + $34. 07 per F.F. 1 1967 LS-1 $203. 55 per unit 1 + $20. 33 per F.F. 1969 LS-1 Shore Hills $225. 00 + $10, 083. 89 per unit 1 1969 LS-2 Chevy Chase $7,224. 57 per unit 1 1970 LS-1 Saga Aill $225. 00 + $3,863. 71 per unit 1 + 23. 74 per F.F. 1971 LS-1 Dunwoody $225. 00 + $3, 519. 09 per unit 1 + 21. 62 per F.F. 1973-1 $6,823. 47 per unit 1 + $32. 35 per F.F. 1980-1 Minnetonka Bluffs $8,720. 63 per unit � 2 West Ferndale/County Road 15 $25, 490.26 per unit � 2 Orono Lane $16,329. 70 per unit 2 County Road 15 Marinas $6,798.19 per unit 2 1980-2 North Shore Drive/Scotch Pine Lane $24, 035. 08 per unit � 2 1981-1 North Shore Drive/Highwood $10,431. 16 per unit � 2 � 1982-1A Navarre Utilities $2, 222. 64 per unit ' 3 + $912. 20 trunk area 1982-1B Navarre Utilities Northern Avenue $225. 00 + $2,400. 51 per acre 225.00=1 + 180.04 trunk unit acre/unit=3 1985-1 Crystal Bay $10, 543. 62 per unit 4 1983-1 Aighway 12 Orono-Long Lake-Medina $990.20 per unit : 2 Sanitary Sewer Connection Charges � *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 � 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 ., 11 ; ' ALL SApITARY SEWSR CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an impro vement is required, the connection charge may be in addition to any assessment.) By District - Project I. An additional fee is charged for properties benefitting from 1984 forcemain and lift station #7 upgrade, as follows (see map for affected areas) : Initital #6 #7 Office Use Only Charge By Pass Forcemain *Credit to Fund 1. Existing Properties/Increase Previously Previously $402. 09 5 Paid Paid 2. New Bldgs Replacing Previously Previously If usage 5 Existing Bldgs Paid Paid increases from existing $402. 09 3. New Residential W/Existing Previously Previously $1,164. 24 5 Stub Paid Paid 4. New Residential Without Stub $225. 00 (1) $180. 04 (3) $1,164. 24 (5) 1, 3 & 5 5. Freshwater Biological $225.00 (1) $180 . 04 (3) $500/unit on (5) 1, 3 & 5 connection (already assessed $2, 000/ac) 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 12 ALL SANITARY SEWBR CONNECTION CHARG$S (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an impro vement is required, the connection charge may be in addition to any assessment.) By District - Project . Office Use Only II. An additional fee is chagred for properties benefitting from the 1989 gravity line and lift station #10 by-pass per Resolution #2671, as follows (see map for affected areas) : Initital �10 Office Use Only Charge By Pass *Credit to Fund Property Without Stub $225.00 (1) $2, 025.11 (6) 1 & 6 The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that affected project area. Such connections are subject to City Council approval. Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 13 , ALL MIINICIPAL WATER CONNECTION CHARGES If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an impro vement is required, the connection charge may be in addition to any assessment) By District - Project Office Use Only *Credit to Fund 1967 LW-1 Aighway 12/Crystal Bay Road $3, 563. 20 per unit 1 + $26 .42 per F.F. 1969 LW-2 Chevy Chase $3, 531. 18 per unit 1 1970 LW-1 Navarre Residential $1,764. 53 per unit 1 + $17. 54 per F.F. 1970 LW-1 Navarre Commerical $2, 646. 79 per unit 1 + $26 .47 per F.F. 1982-1A Navarro $1, 880. 21 per unit 2 ON-SITE SYSTEMS (Ord . 210) Design Review Fees Included with permit fees • Subdivision Site Evaluation Report Review $ 50. 00/per new lot Residential System Permit: Replace drainfield or replace 1/more tank $ 30 . 00 Replace drainfield & replace 1/more tank $ 50. 00 Nea Residential System $ 75.00 + $15 . 00 per each inspection over 3 (Includes outhouse on Big Island) Non-Residential System Permit: New or Total replacement $100 .00 + $20.00 per each inspection� over 4 _ Partial replacement $ 60. 00 + $20. 00 per each inspection ' over 2 Annual Service Charge $ 25. 00/system/year plus An additional full fee for late penalty plus 8 $ interest for unpaid charges • certified Section 12. 30, Subd 8 (C) Water Connection Charges *Credit to Fund - - -00 2) 044-3753-000-00 ' 14 CONSTRIICTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section GRADING, EXCAVATION, FILLING � - 1-100 cubic yards , (max. 10 loads) $ 50 . 00 (staff permit) (+engineering fee if necessary) - 101 + cubic yards $ 75. 00 + Conditional Use Permit + $25 .00 per each inspection over lst NOTE: 101 cubic yards or more requires a Conditional Use Permit unless � approved as part of building permit. SIGNS Temporary $ 30 . 00 Permanent (Per 1988 UBC/SBC Standard Schedule) 15 � CONSTRIICTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section BUILDING MOVING OR LIFTING (Ord . 227) Fees for this activity are in adc3ition to required building or demolition permits. Fees and any necessary surcharges are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. -Lifting accessory buildings $ 30 . 00 (no move across lot lines) -Lifting principal buildings $ 75.00 + engineering fee if necessary � (no move across lot lines) (include pre-lift inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max. 8' wide/max. 13'-6" high/max. 45 ' long) -Moving principal buildings over any lot $150. 00 line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or term- inating in Orono (includs all over- size loads exceeding 12 ' wide and/or 15' high) . -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50. 00 within Orono b) Building outside Orono to be moved $150 . 00 , into Orono (max. radius 25 miles) � . 16 CONSTRIICTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30 . 00 (when called by owner) Inspection surcharge for work or $ 30. 00 per trip + boat rental if application on Big Island or transportation is not Deering Island provided by owner Reinspection fee after failure to comply $ 30. 00 per trip + 30. 00 per with Building or Zoning Code Correction hour after lst hour Notice - 3rd trip Well Site Inspection $ 30. 00 (If required or requested) FIRE PROTECTION (Ord. 223) Fire Prevention Inspection No Charge Fire Code Permits $ 30.D0 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65$ of permit fee BURNING PERMITS Up to 5 times per year No Charge For Each Reinspection $20. 00 More than 5 times per year $100 . 00 � � (for all organizations and individuals . regardless of tax status) 17 , , , , CONSTRDCTION PERMITS AND INSPECTION FEES (CONT.) App licable Permit Type Fee Code Section CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25. 00 per month (Includes clerical time) Inspection Charge $ 15.00 per inspection Plan Review Charge SBC/UBC Schedule Cler ical Fee (Only charged if cler ical $ 15. 00 per hour use is excessive) LICENSES & MISCELLANEOIIS CHARGES Zoning Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) $300. 00 + slip & boat fees Renewal Application & Inspection Fee $200. 00 + slip & boat fees (annual) plus: -each slip on water $ 2. 00 -each dry slip inside or in racks $ 2. 00 -each boat unit on land $ 1. 00 -late fee $150. 00 JOINT USE DOCK LICENSE Application Fee (initial) $ 50. 00 � � Renewal Application Fee $ 20. 00 - Plus each slip $ 2. 00 � Late Fee $ 25. 00 SEPTIC INSTALLERS LICENSE - Annual $ 50 . 00 SITE EVALUATOR LICENSE - Annual $100. 00 GARBAGE HAULER LICENSE - flat rate $ 30 . 00 - per hauler $ 15. 00/truck - transfer fee $ 30 .00 18 LICENSES & MISCELLANEOIIS CHARGES (CONT.) Applicable Permit Type Fee Code Section HOME OCCUPATION LICENSE $ 50 . 00 Initial Review Fee $ 30. 00 (Annual Review Fee) TEMPORARY TRAILERS & BUILDINGS LICENSE $ 30. 00 Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980) $ 30.00 Municipal Code Book - Complete (Ch. 1-12 w/revisions) $ 60 . 00 w/black binder $ 50. 00 loose Municipal Code Book - Portions Ch 1 thru 9 (Book 1) w/revisions $ 35. 00 loose Ch 10 thru 12 (Book 2) w/revisions $ 35. 00 loose Ch 10 only (Zoning Code) w/revisions $ 25. 00 loose Ch 11 only (Subdiv. Code) w/revisions $ 15. 00 loose Other Individual Chapters $ .25 /page Black Binder $ 5. 00 On-Site Design Manual $ 5.00 City Maps $ 2. 00 each Building & Planning Publications As Posted - Prices subject to change General Administrative Licenses ' Cigarette Sales License - per quarter $ 5. 00 5,24 Gambling & Raffle License $ 10. 00 5. 23 Solicitation License $ 20.00 5.30 Up to 10 Solicitors - $1.00 each additional solicitor in Orono Solicitor must list only those that will be in Orono 19 � LICENSES & MISCELLANEIOIIS CHARGES (CONT.) Applicable Permit Type Fee Code Section General Administrative Documents Listing Information $ 10. 00 Assessment Search - Written $ 10 . 00/parcel Verbal Search - Current and/or pending Not Given Out Copy Service (for public City records only) $ .25 each 11" x 17" copies $ 1. 00 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Documents that $ 25. 00 Minimum Charge have been microfilmed ' Building Plan Copies and/or Cost of Copying, Messenger Tape Recording Duplication Service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) Dogs & Kennels DOG LICENSES g.12 � Biannual License (issued in odd years) $ 15. 00 ' Annual License (issued in even years only) $ 7. 50 KENNEL LICENSES 5. 36 Commercial Application & Inspection Fee $150. 00 (Annual) Residential Application & Inspection Fee $ 25. 00 ' � (Annual) . NOTE: Dogs kept in residential kennels must be individually licensed. : � Residential kennel fee is in addition to dog license f�ees. � i , ' . i . � 20 ' ' ti, LICENSES & MISCBLLANEOIIS CHARGES (CONT.) Applicable Permit Type Fee Code Section DOGS AT LARGE - RELEASE FEE 9.12 First Offense $ 20. 00 Second Offense $ 30. 00 Third Offense $ 40. 00 (All fees, plus kennel charge, payable to kennel) ANIMALS AT LARGE (Other than dogs) 9. 13 First Offense $ 20 . 00 Second Offense $ 35. 00 Third Offense $ 50. 00 Trace & Catch Animal $ 20. 00/hour Trailer Charge $ 20 .00 plus .25 mile (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost Police Department Administered BEER� WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor$500.00 per License „5 Collected at Application In state investigation Actual cost up to $10, 000 Out state investigation-actual cost Initial Investigation-Beer/Wine $150. 00/person Res. 1306 ' , Off-Sale Liquor License $150 .00 4. 30 � Bond Requirement $5, 000. 00 � On-Sale Liquor License $4,000.00 4.30 On-Sale Wine License $750.00 4. 40 3. 2 Beer Off-Sale (Annual) $ 25. 00 4. 20 ; • 3.2 Beer On-Sale (Annual) $ 75.00 4. 20 ' Setups (Annual) $100. 00 4. 60 Club Liquor License (weekday) $100. 00 4. 50 (Sunday) $200. 00 4. 50 Temporary Set-up Permit (one day) $ 25. 00/each 4. 61 , � Temporary Beer Permit (one day) $ 15.00/each 4. 21 � . „ , � F � � � 21 � , � , + . , . � � LICENSES AND MISCELLANEOIIS CHARGES (CONT.) Applicable Application Type Fee Code Section Police Department Administered AMUSEMENT DEVICE LICENSES 5.20 Per Establishment (Annual) $100. 00 plus machine fee Per Machine Fee $ 25. 00 each PUBLIC DANCE LICENSE (Annual) $100. 00 • 5. 21 (Individual Permit) $ 10. 00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5. 25 FIREWORKS PERMIT $ 50. 00 9.10 FIREARMS DISCHARGE PERMIT OCCASIONAL $ 10. 00 9. 10 � (limited use) Annual (Club Only) $ 25.00 LIMITED TRAPPING PERMIT $ 20. 00 9. 11 Ord. 232 Ord. 243 PERMIT FOR PARADES & SPECIAL EVENTS $ 50. 00 6 . 08 FALSE ALARM USER FEES . First 3 false alarms/calendar year No Charge • (1-3 total) Next 7 false alarms/calendar year $ 50. 00 each call (4-10 total) Next 5 false alarms/calendar year $100. 00 each call � (11-15 total) � ; Eac}a additional false alarm over 15/ $150 .00 each call ' ';f. ' ,; calendar year 22 LICENSES AND MISCBLLANEOQS CHARGES (CONT.) Applicable Application Type Fee Code Section �., Police Department Administered `'�' ' FINGERPRINTING SERVICE $ 10 . 00/application (Citizenship No Charge) COPY SERVICE - Police Records First Two Copies $ 3. 00 � Additional Copies $ 0. 50 each COPY OF ACCIDENT REPORTS $ 3. 00 each � � COPY OF DRIVER'S LICENSE RECORD $ 3. 00 each COPY FROM MICROFICHE FILE First Two Copies $ 5. 00 . Additional Copies $ . 25 each "NO PARRING ORDER OF POLICE" PAPER SIGNS $ 0.25 each ' �� ' (no lathe included) : . +�� `�,,. , . �' k � ,i�.,I? � � . I �I�' �1: i � 1 + �i' , k � , 23 �t`s�i ' � . � # ; a�� , 1 t PIIBLIC WORRS DEPARTMENT MISCELLANEOIIS CHARGES � Utilitv Service Rates - Effective beginning Third Quarter 1986 . MUNICIPAL SEWER RATE by unit: lst $ 51. 15 per quarter • 2nd $ 48. 25 per quarter �: � by flow: $ 2. 90 per quarter ''�` per $1. 90/1000 gallons �� Area #1 Area #2 * Area #3 •� MUNICIPAL WATER RATES Navarre Long Lake Wayzata Billing & Ready to Serve Chg $12. 80/qtr $6.70/qtr $5.35/qtr Water Usage Rate $ 1.17/1000 gal $2.75/1000 gal $1.40/1000 gal Unconnected Property Chg $12. 80/qtr -0- -0- : , (ready to serve/hydrant chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area �1 Rate $12.80/qtr billing charge plus $1.17/1000 gallon total flow at border meter . , Penalty for late payment of sewer/water bills - 15� after 45 days from billing date. Interest at 8$ on unpaid water/sewer bills certified. , :i� Water Turn-On $17. 50 �� ;`�� � � Water Turn-Off $17. 50 ���� � . ' Water System Repair/Replacement if damage caused by property own�r : , � � Labor - Current Hourly Rate ' � Parts - At Cost . RECYCLING CAARGE $12. 00/year ° , Recycling Container - Initial No Charge Replacement (including sales tax) $ 6. 50 each � , *Effective second quarter of 1988 ' �j�� i ' ,;�� ' ' ,�;, . , � � _ � �ip�i ; � w � ' 2 4 ;. '? ; � � c l i � � PIIBLIC WORRS DEPARTI�NT MISCELLANF.OIIS CHARGES (CONT.) ` GOLF COURSE CHARGES - Effective date 1991 Season Fee „ Monday thru Friday (excluding Holidays) Begin Play Before .12: 00 Noon lst Nine Holes $ 6. 50 2nd Nine Holes $ 4. 50 After 12 Noon and Weekend Rates � lst Nine Holes $ 7.00 ; , 2nd Nine Aoles $ 4. 50 League Rates Monday thru Friday $ 6. 50 , Senior Citizen (Over 60 years old) ;�,� Begin Play Before 12:00 Noon - Weekdays �;t „ � � lst Nine Holes $ 4. 50 �w�' , � 2nd Nine Holes $ 4. 50 �°` Season Ticket (Senior Citizens Only) $100. 00 GOLF CART RENTAL Motorized lst Nine Holes (After 12:00 & Weekends) $10. 00 : ° 2nd Nine Holes $ 8. 00 ��=��:' . . ,_,;r Monday thru Friday (Excluding Holidays) �'�h, � � lst Nine Holes $� 6. 00 F=:�' � • � Begin Play Before 12:00 Noon $6.00 � � Pull Carts - Per Round $ 1. 00 : - Golf Clubs - Per Round $ 2. 00 . .�� � � As Poste�" ' ''� ' � ' ' Concessions ,d; � ; �a' �,; , ; . '��f& i � ' , , �}�,i I;: ' � ' , i 2 5 '�?�.� , • � � . POBLIC WORRS DEPARTMENT MISCELLANEODS CHARGES (CONT.) PUBLIC WORKS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75.00/std. sign (sale includes installation) � Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lathe) $ 1. 00 each Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (See zoning section - special improvement fees) SECTION 2. This ordinance establishing the 1991 fee schedule shall be pub lished in the Laker and Pioneer Newspaper and shal 1 be effective the week of January 1, 1991. Adopted by the City Council of the City of Orono on this lOthday of ]�e�ember� , 1990. ATT T: ' � ` or thy M llin, City Clerk Jame R. Gra e , ' , ,,, � , I� �; , : � , 2 6 ,,;, , . ; ��- , � t ; ORDINANCE # 92, S$COND SSRIES Y AN ORDINANCE AMENDING CHAPTER 6 OF THE ORONO CITY CODE The City Council of Orono does ordain: Chapter 6 of the Orono City Code is hereby amended to include Section 6.45, as follows: SEC. 6.4 5. The Counci 1 hereby egercises its dedicated easement and declares the following described easements as public streets: Subd. 1. Wear Circle. Outlot A, Rolling Meadows 2nd Addition. Subd. 2. Wear Lane North. Outlots A and B, Rolling " Meadows 2nd Addition. Effective Date. This ordinance shall be effective as of February 4, 1991. Adopted by the City Council of Orono on this 28th day of anuary, 1991, by a vote of 4 Ayes and 0 nays. � . � - / � ---- � D6rothy . Hallin, City Clerk Barbara A. Peterson, Mayor ORDINANCE # 9 3 SSCOND SffitIES • AN ORDINANCE AMENDING THE ORDINANCE 60, SECOND SERIES, ADOPTED NOVEMBER 14, 1988 WHICH AMENDED MIINICIPAL CODE S$CTION 9.12, SIIBDIVISION 4, ADOPTSD APRIL 1, 1984. The City Council of Orono does ordain: Section 9.12 , Subdivision 4 adopted November 14, 1988 and entitled "An Ordinance amending the Orono Municipal Code Section 9.12, Subdivision 4, adopted April 1, 1984 �and entitled Application" is hereby repealed and amended as follows: Subd. 4. Application. All licenses shall be issued by the City and applications therefore shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota, showing that the dog is vaccinated against , rabies for the duration of the applied for license. Should the rabies vaccination expire prior to the full term of the license, the owner is responsible for updating such vaccination. No more than two dog licenses shall be issued to any one person or for any one lot, property or address at any one time unless there shall first have been issued a current residential or commercial kennel license for said person, lot, property or address. Effective Date. This ordinance shall be effective upon publication. Adopted by the City Council of Orono on this 22nd day of A ril , 1991, by a vote of 5 ayes and Onays. �, � ������.f.� .� orothy Hallin, City Clerk Barbara A. P terson, Mayor Publish in the Laper/Pioneer newspape�s the week of May 6, 1991. ORDINANCE #�, SBCOND Sffi2IES AN ORDINANCE TO AMEND MONICIPAL ZONING CODE SECTION 10.02 BY ADDING A DEFINITION OF MIINICIPAL BQILDINGS OR FACILITIES The City Council of Orono ordains as follows: The municipal code of the City of Orono is amended by adding Ordinance # 94 , Second Series: S$CTION 1. Section 10.02 is hereby amended by adding the following definition: A. "Municipal Buildings or Facilities". Municipal buildings or facilities shall include only those structures owned and operated by the City of Orono. SECTION 2. Adoption and Publication. This ordinance shal 1 take effect and shall be enforced from and after the date of its passage and publication. Ado ted by the City Council of Orono on this 13th day of May, 19 , by a vote of 5 ayes and 0 nays. . . �GGk�� 0 othy llin, City Clerk Barbara A. Peterson, Mayor ORDINANCE NIIMBER 95 , SECOND SERIES , AN ORDINANCE AMENDING ORDINANCE NUMBER 91, SECOND SERIE5, ADOPTED DECEMBER lO, 1990 ENTITLED "1991 FEE SCHEDULE" The City Council of the City of Orono ordains; Ordinance N0. 91, Second Series adopted December 10, 1990, and entitled "An ' Ordinance Adopting the 1991 Fee Schedule" is hereby amended to read: PUBLIC WORKS DEPARTMENT MISCELLP�NEOUS CHARGES Utility Service Rates - Effective 1 July 1991 Municipal Sewer Rate by unit: lst $ 51.15 per quarter 2nd $ 48. 25 per quarter by flow $ 2. 90 per quarter plus $2. 00/1000 gallons MUNICIPAL WATER RATES: Area #1 - Navarre Area Billing & Ready to Serve Charge $ 15. 55/Qtr Water Usage Rate $ 1. 27/1000 gal Unconnected Property Charge $ 15. 55/Qtr (ready to serve/hydrant chg) � Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $15.55/quarter billing charge plus $1.27/1000 gallon total flow at border meter . Area #2 - Long Lake Area Billing Charge $ 5.15/Qtr Water Usage Rate $ 2. 75/1000 gal Area #3 - Wayzata Area Billing Charg� $ 5. 15/Qtr Water Usage Rate $ 1. 40/1000 gal Area #4 - Orono/Hwy 12 Area � Municipal Water Rate: Administration and Billing $ 5.15/Qtr Water Usage Rate , $ 1. 75/1000 gal This ordinan•ce shall be published in the Laker and Pioneer Newspapers and shall be effective upon publication. Adopted by the City Council of the City of Orono on this 13th day of May, 1991. AT ST• Barbara A. Peterson, Mayor �, . D othy r: Halli , City Clerk � ,- - � ORDINANC$ NO. 96, 2nd Series AN ORDINANC$ ESTABLISHING AN INTERIM MORATORIIII�I ON THE GRANTING OF LAND SIIBDIVISIONS THAT HA`TS NOT RECEIVED PRELIMINARY APPROVAL FROM TSE CITY THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 96,: 2nd Series: SECTION 1. Statement of Policy. The City Council finds that the City is presently faced with the potential of applications for subdivision of land within 1,000 feet of lakes and 300 feet or the f lood plain of certain tributaries within the City limits. The City is in the process of studying and preparing comprehensive amendment of its shoreline regulations. The City Council finds that there is an overwhelming probability that shoreline regulations will need to be updated and revised. The City Council also finds that such amendments cannot be accomplished until further study has been completed and a hearing held. Since enactment of such amendments will undoubtedly modify existing regulations concerning subdivision of land, the processing of applications during this interim period would be detrimental to the eff ectuation of proposed standard amendments and contrary to the purpose of the zoning enabling act, Minnesota Statutes § 462.351, et seg. The City Council further finds that it would be unwise, improper, and unjust to allow individual development to occur during this study period and would al low discrimination and unfair advantage to a few to the detriment of the entire City. Therefore, the City Council finds it necessary and appropriate to adopt an Interim Ordinance pursuant to Minnesota Statutes § 462.355, Subd. 4. SECTION 2. Restrictions on the Granting of Subdivision Applications. No land subdivision applications, except for those that already have received preliminary approval and for a subdivision application of a property governed by a settlement agreement between the Cities of Long Lake and Orono, shall be granted for any purpose that would be- inconsistent with the applications as of the date of adoption of this Ordinance and to any subsequent applications. SECTION 3. Restricted Area. The portion of the City of Orono that shall be subject to the restrictions of this Ordinance is all the land contained within the area described as follows: Page 1 of 3 All properties within the City of Orono located within 1,000 feet of the Ordinary High Water Mark of the following lakes: Lake Ratrina Lake Classen Dickeys Lake Wolsfeld Lake Long Lake Lydiard Lake Mooney Lake Hadley Lake Tanager Lake French Lake Forest Lake ' Lake Minnetonka and associated bays and All properties within the City of Orono located within 300 feet or the flood plain of the following tributaries: Painters Creek (Sections 30, 31 T118N R23W) "Stubbs Bay Creek" (Sections 32, 33 T118N R23W and Sections 4, 5 T117N R23W) "Dickey Lake Creek" (Sections 27, 34 T118N R23W) "Wolsfeld/Holy Name Creek" (Sections 26, 27, 35 T118N R23W) Long Lake Creek (Sections 34, 35 T118N R23W and Sections 3, 10 T117N R23W) "Forest Lake Creek" (Sections 6, 7 T17N R23W) SECTION 4. Duration. This ordinance shall be effective for a period of one year, unless the City Council determines that it is no longer required because the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the Zoning Code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent ordinance, for a total additional period of eighteen months. Page 2 of 3 ... .,- - SECTION 5. Variances. The City Council may grant a variance to this Ordinance if the City Council finds after careful review of all the facts that a proposal is not contrary to the -intent of the Comprehensive Plan, that it is compatible with the zoning and official control amendments being considered by the City, that it - promotes the health, safety, and welfare of the citizens, and that a failure to grant a variance would create a hardship for the applicant. SECTION 6. Separability. Every section, provision, or part of this Ordinance is declared separable f rom every other section, provision, or part; and, if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 7. Effective Date. This Ordinance is effective upon adoption by the City Council. Adopted by the City Council of the City of Orono on the 26th day of August, 1991, by a vote of 4 ayes and 0 nays. ATT T: . d � � Dorothy M allin, City Clerk Barbara A. P er , ayor Edward J. lahan, Jr. Acting May r STATE OF MINNESOTA ) ) ss. * Edward J. Callahan, Jr. COUNTY OF HENNEPIN ) Acting Mayor The foregoing instrument was acknowledged before me on this ��- day of L(Sf , 19��, by �,���5,�,�'� ,�,/./�,�� & Dorot y M. al �in, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. • � v LINDA S. VEE No ry Publlc NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY - My commfssion expires &12-98 Page 3 of 3 r� A. w � • r r �1�JJ11�Alt� *� /� a7��.Vi�u S�1�S L]l� O1VJi1�lfL�� � � MUNICIPAL ZONING CODB SECTION 10.02 AND . SSCTION 10.61, SOBDIVISION 1 (G) � (H) TO ESTABLISS NEW STANDARDS FOR THB �S$ OF TffirIPORARY SIGNS THAT SHALL INCLDDS THE 1'ffi�ORARY IISE OF BANNERS ATTACHED DIRECTLY TO A BIIILDING WALL A1dD ADVERTISING BALIAONS The City Council of Orono ordains as follows: The municipal code of the City of Orono is amended by adding Ordinance # 97 , Second Series: S$CTION 1. Orono Municipal Zoning Code Section 10.02 is amended to include the following definition: Sign - Business - Temporary. A sign permitted for a limited period of time used to advertise or promote the interests of a single or multi-use commercial or industrial use. A temporary sign may be attached to a principal structure or detached. Such signage shall include mobile/message board signs, banners and balloons that meet all applicable Federal and State standards. SBCTION 2. Orono Municipal Zoning Code Section 10.61, Subdivision 1 (G) is hereby repealed and the following language substituted in its place: G. Building Wal 1 Signs. Signs shall not be painted directly on the outside wall of the building. Signs shal 1 not be painted on a fence, rocks or similar structure or feature in any district. Paper and similar signs shall not be permanently attached directly to a building wall by an adhesive or similar means (temporary use of such signs is permitted per standards set f orth in Subparagraph H of this Section). Signs shall be considered as a structure or fastened to another structure. S$CTION 3. Orono Municipal Zoning Code Section 10. 61 , Subdivision 1 (H) is hereby repealed and the following language substituted in its place: H. Temporary Signs. There shall be no more than 4 temporary business signs issued per calendar year, and for a period of not more than 10 days per time or of the duration of the event promoted by the sign message, whichever is less. The sign (includes banners or balloons), sign supports, or portable stand shall be removed from public view at the end of the period. Total area of the sign shall not exceed 32 square feet per surface (64 s.f. total signage allowed for 2 sided portable sign). Advertising bal loons are not subject to area restrictions but must meet all applicable Federal and State standards. . �, + �• a � � �• ORDINANC$ #97, SBCOND Sffi2I$S - Cont. There shall be no more than one temporary sign in any required yard �rea and if separate multiple signs are proposed, the total area of the signs shal 1 not exceed 32 square feet. Temporary business signs require a building permit from the City. No such permit sha11 be issued by the City if a conditional use permit under Section 10.61, Subdivision 2 (A) (3) has been issued to a residential property. No temporary sign shall be allowed in residential zones unless permitted as election or sale signs under this subdivision. Multi-tenant buildings shall be considered as a single property for purposes of this paragraph, and the use of the single temporary business sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, al 1 applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. All temporary signs shal 1 be located on a property so that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. SBCTION 4. Adoption and Publication. This ordinance shall take effect and shall be enforced from and after the date of its passage and publication. Ado ted by the City Council of Orono on this 26th day of August, 199 , by a vote of 4 ayes and 0 nays. _ � � �" =� � ' � f � orothy M allin, City Clerk Bar ara A. P terson, Mayor Edward J, allahan, Jr. Acting Mayor Published in the Laker/Pioneer newspaper the week of September 2, 1991. ORDINANCE # 98, S$COND SBRI$S AN ORDINANC$ TO AMEND MIINICIPAL CODE SECTION 9.32, 1�IOONEY LARE RIILES AND R$GDLFiTIONS. The City Council of Orono ordains as follows: The Municipal Code of the City of Orono is amended by adding Ordinance � 98 , Second Series: S$CTION 1. Section 9.32, Subdivision 4 is hereby deleted. A new Section 9. 32, Subdivision 4 is added to read as follows: Subdivision 4. Boat and Water Safety Act and Rules Adopted. Minnesota Statutes, Chapter 86 B, Water Safety, Watercraft, and Watercraft Titling, and Boat and Water Safety Rules 6110.0100- 6110.2300 are hereby adopted by reference, incorporated herein and made a part hereof as though set forth verbatim herein. A violation of the statute or any rule herein adopted is a violation of this code. SSCTION 2. Section 9.32 is hereby amended by adding Section 9.32, Subdivision 5 to read as follows: Subdivision 5. Exemption. Enforcement, emergency, resource management, and other governmental personnel or authorized contractors are exempted from this section when performing official duties or authorized work. SECTION 3. Adoption and Publication. This ordinance shall take effect and shall be enforced from and after the date of its passage and publication. Ad pted by the City Council of Orono on this 12th day of November, 19 , by a vote of 5 ayes and �_ nays. � . c �4-�-d�� , 4_d� Dorothy M allin, City Clerk Barbara A. Peterson, Mayor Publish in the Laker & Pioneer newspaper the week of November 25, 1991 . • .} � DIRE7C�[ FOR 1992 FEE 9�OLE H� Gopy C3�arges Page Livenses acd Misoellaneous Page P�e�its (C.ont.) Page Administration . . . . . . . .2H Garbage Haulers License. . . .18 Retaining Walls. . . . . . . 8 ,.,� Accident Reports . . . . . . .23 Hosne Occupation License. : : .19 Sprinkler Systems - Comner . .10 �` Building Plan Copies . . . . .20 Joint Use Dock License . .18 Trapping Permit (limited). . .22 Copy Microfiche File - PD. . .23 Kennel License . . . . . . . .2� Water Meter Fees . . . . . . .10 Copy Service - Police Dept . .23 Septic Installers License. . .18 ^? Reprint Oversized Docianents Site Evaluator License . . . .18 on Microfilm. . . . . . . . .20 Solicitation License . . . . .19 Sezvi�es Tape Recording Duplication . .20 Tem� Trailer/Building Lic. . .19 Fingerprinting (Police). . . .23 � Water Turn-On Charge . . . . .24 Maps For Sale. . . . . . . . . .19 Water Turn-Off Charge. . . . .24 ,.,� Co�ecti� Charges Sanitary Sewer . . . . . . . .11 Public Works S�pplies & Se=vioes Signs Municipal Water. . . . . . . .14 Driveway Culverts. . . . .26 Street Signs (Public Works). .26 Driveway/G�rb Cut Permits. . .26 Temporary & Permanent. . . . .15 �}� Tenp. "No Parking" (P.D.). . .23 Co�nprehensive G�iide. . . . . .19 Peffiits Te�np. "No Parking" (P.W.). . .26 Special Assessment Searches. .29 After-the-fact-Fees. . . . . . 5 : Municipal Coc3e/Ordinance . . .19 Annual Service Charge (Septic)14 Utility Itate Charge.s . . . . . .24 Realtors Listing Info. . . . .20 Building Pennit Fees . . . . . 8 Recycling Charge . . . . . . . 24 Burning Permit Fee . . . . . .17 Replacement Bins . . . . . . . 24 = False Alaim IIser fee . . . . . .22 Cert. of Occupancy . . . . . 8 Denblition Permit Fee. . . . . 8 Golf Course Rate.s. . . . . . . .25 Docks Zoning Applicatioas �i Co�iercial . . . . . . . . . 8 After-the-fact Fees . . . . . 5 Inspections Residential. . . . . . . . . 8 Amenc�nents . . . . . . . . 3 _ Special inspection Charges . .17 Fire Protection. . . . . . . .17 Appeal of Ac�iin Decision . . . 5 -t Contractual Inspection Serv. .18 Firearms Permit Fee. . . . . .22 Comnercial Site Plan . . . . . 2 Well Site Inspection . . . . .17 Fireworks Permit Fee . . .22 Conditional Use Permit Fees. . 1 z Grading, Excavating, Filling .15 Industrial Revenue Bond Appl . 5 ,_ Lic�es anc] Misoellaneo� Large Assembly Permits . . . .22 Park Dedication Fees . . . . . 7 After-the-fact Fees. . . . . . 5 Mechanical Permit Fees . . . 9 PUD Rezoning . . . . . . 3 Amuseznent Devices. . . . . . .22 Move/Lift Building Permit�Fee.16 Rezoning Application Fee . . . 3 -� Animal Impound Fees. . . . . .21 Municipal Hookup (Secaer/Water)10 Rip Rap Application Fee. . . . 5 Beer, Wine & Liquor License. .21 On-Site Systems (Septic) . . .14 Special improvements Appl. . . 4 Co�nmercial Marina License. . .18 Outhouse Construction. . . . .14 Subdivision Application Fee. . 2 > Cigarette License. . . . . . .19 Parades & Special Events . . .22 Surcharge for Staff Expense. . 5 Dog License. . . . . . . .20 Plumbing Permit. . . . . . . . 8 Vacation Application Fee . . . 3 Dance (Public) License . . . .22 Variance Ap�plication Fee . . . 1 _� Gambling/Raffle License. . . .19 J .3 l ' ! ' ORDINANCE N0. 99 SECOND SERIES AN ORDINANCE ADOPTING THE 1992 FEE SCHEDULE _,� AN ORDINANCE REPEALING ORDINANCE N0. 91 SECOND SERIES AND 95 SECOND SERIES � The City Council of the City of Orono ordains: Section 1. Ordinance Repealed. Ordinance No. 91 Second Series and 95 Second Series are hereby repealed. =j The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following Fees effective during the calendar year 1992: �� SECTION 1. Fees. ZONING APPLICATIONS :,� A ees are app ication fees and are non-refundable after staff work has begun on the application. Applicable Application Type Fee Code Section VARIANCE $175.60 10.06, Subd 3(D) • (Flexible applications involving more than one variance will require an additional $5A.00 � payment per each variance) Variance for Non-Conforming Use $200.A0 � RENEWAL VARIANCE $109.00 10.06, Subd 3 (D) (No change from original application) -�' CONDITIONAL USE PERMIT (One charge per project) 10.�9, Subd 3 Residential Accessory Use (Animals, etc.) $125.60 10.09, Subd 3 Institutional Use (School, Church, etc. ) $175.00 19.09, Subd 3 -j Duplex Credit (per building) $15A.00 1A.09, Subd 3 Guest House/Guest Apartment $156.�0 Commercial/Industrial Use $2501.010 10.09, Subd 3 :? } .� � ..1 � • } �ONING APPLICATIONS (CONT.) Applicable f� Application Type Fee Code Section CONDITIONAL USE PERMIT Continued (One Charge per Project) 10.A9, Subd 3 � Land Alteration: $290.00 + permit � Grading, filling, etc. (over 1BA cubic yards) Sea walls, retaining walls within 0-75' lakeshore �j PRD Application with Subdivision Subdivision Fee plus $3A.A0 per dwelling unit PRD Application without Subdivision S 35.00 per dwelling unit � (minimum $150.AB) PID Applications $150.0� per acre (minimum $350.00) ,� Renewal Conditional Use Permit $100.08 (no change from original application) Conditional Use Permit with Variance $ 5�.00 for each variance � After-the-Fact Fees Double Application Fee Res. #1306 & #1309 P�' COMMERCIAL SITE PLAN $209.00 + Consultant Fee SUBDIVISION -� Sketch Plan (Class I, II, & III) $200.0� 11.19, Subd 7(A) Preliminary Review $300.00 11.10, Subd 1G7(A) (B) ,� (Class I & II Subdivisions) Preliminary Review $325.�0 +$25/lot 11.16,Subd 10(C) (Class III and all non-residential) ($400/3 lots; $425/4 lots) =� Final Plat Review (Class III) $175.g9 +Special Legal/Engineering Charges 11.10, Subd 17(A) (9) Filing Fees: a) Subdivision only $ 75.90 11.10, Subd 17(A) (11) ��� b) Subdivision + Easements & $200.08 Minimum Plus any additional costs Covenants � Renewal of Preliminary Subdivision Application $156.�10 Renewal of Final Subdivision Application $1A0.0A �3 � 1 � .) ' �� �ZONING APPLICATIONS (CONT.) ,�,� Applicable Application Type Fee Code Section � PUBLIC PROPERTY VACATION $ 50.60 per Section 10.11 benefitting property ($250.0P1 minimum per � application) EASEMENT VACATIONS WITH SUBDIVISION $ 75.00 Section 10.11 _� APPLICATIONS EASEMENT VACATIONS NOT ASSOCIATED WITH $175.00 Section 10.11 ,-� SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $30A.90 Section 10.11 �- PUD Rezoning - Allowed only within area adjacent to Highway 12 as defined in Comprehensive Plan Amendment No. 2 Ord 74, 2nd Series •- Section 10.53 _-_� "� PUD Rezoning: Residential $300.AA + $40.09 :� per dwelling unit Commercial/Industrial $156.08 per acre `.� (min. $350.0PJ) REQUEST TO AMEND COMPREHENSIVE PLAN $300.0H Section 10.11 4� � �� ..� ;-� � -� .,� ; . :� . ZONING APPLICATIONS (CONT.) :"� Applicable Application Type Fee Code Section 'h � SPECIAL IMPROVEMENTS Section 11.12, Subd 4 Non-refundable charges for City Engineer's review of applications and �} design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. `�1 Proposed Private Roads $60�.�0 plus 59Q/lineal foot Proposed Public Roads $996.00 plus 50�/lineal foot ;) Request for City to accept existing $90�.60 private road Proposed Sanitary Sewer Main Extension 5250.00 plus $25.0PJ per stub ;� Proposed Watermain Extension $250.08 plus $25.09 per stub Proposed Storm Sewer System $2�H.00 (excluding culverts) ;::; On-Site System - Site Evaluation Review $ 5A.9g per new lot proposed (applicable to rural subdivision for on-site applications) �) '.,� �"''} . j _.i J J ,;i _� � ' � ZONING APPLICATIONS (CONT.) Applicable � Application Type Fee Code Section RIP-RAP `'� Staff Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $100.00 + CUP review _� b) Repair existing Staff permit = 5100.80 APPEAL OF ADMINISTRATIVE DECISION $100.00 lA.g6, Subd 3 (D) _� INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,00�.�9 Application Fee: �J.1� of project valuation � ($258.60 minimum) plus $5,�00.00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Section 16.11 Per Fee Schedule setforth below: ' Professional Time $ 29.00/hour Clerical Time $ 17.25/hour Legal/Engineering Consultants Actual Billed Cost _� Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) :� (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving :� permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work •- does not entail any zoning violations. _} 3 �) � � 1 � ZONING APPLICATIONS (CONT.) �� Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. � Because of the extra administrative costs involved in the special investigation, the minimum -' application fee for after-the-fact applications shall be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an =� after-the-fact application fee shall not constitute approval or authorization of the work, use, � or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use � or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to ..� the basic fee amount (total fee is twice the basic fee amount) Res. 1306 ,} ) � :, ) � ._) � � l "� ZONING APPLICATIONS (CONT.) ,� PARK DEDICATION FEES I Municipal Code Section 11.62 .'� V Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for � parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: �� (1) Residential/Agricultural/Multiple Residential Zoned Land. �� Dedication requirement of 8� of the land being platted, subdivided or existing lot of record. _ (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8$ of the land being platted subdivided or ,� existing lot of record. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made .,� by the sudbivider, in lieu of a conveyance or dedication of land, the cash contribution to be -�•� contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in r' a special fund named Park Dedication Funds. �� :%r � � ,� .� �,1 _ t ' ^� �CONSTRIICTION PERMITS AND INSPECTION FEES Applicable � Permit Type Fee Code Section � BUILDING PERMIT (Ord. 216) , Minimum Fee $ 15.H0 Normal Fee (per 1988 UBC/SBC Standard Schedule) � Plan Review Fee: Commercial (per 1988 UBC/SBC Standard Schedule) Residential 65$ of Building Permit Fee .� Building Valuation Standard (per Current I.C.B.O. Building Standards/Building Valuation Data) •�� ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (change in use) S 59•0A RETAINING WALLS (in excess of 42" also $ 15.00 minimum multiple tiered walls that exceed 42" (per 1988 UBC Standard Schedule) and not located in lakeshore _ protected area) . � TREE REMOVAL WITHIN 0-75' $ 30.�0 Ord. 16.22 Sub 3 DOCKS - RESIDENTIAL $ 3�•�� .� (Permanent and Initial Seasonal) DOCKS - COMMERCIAL Per 1988 UBC/SBC Standard Schedule .',� DEMOLITION PERMIT (Ord. 216) Principal Structure $ 50.�0 Initial inspection -_ $ 25.00 for each requested or required inspection beyond initial inspection � Accessory Structure $ 3A.0A Initial inspection :� ....� i _.� _1 ' � CONSTRDCTION PERMITS AND INSPECTION FEES (CONT.) Applicable � Permit Type Fee Code Section PLUMBING PERMIT $ 30.00 minimum per project �� S 8.08/fixture $ 5.00/fixture reset Mail-in postage & handling charge $ 1.50 �) MECHANICAL PERMIT } Minimum Fee for any Mechanical Permit $ 30.00 per project Mail-in postage & handling charge $ 1.50 � Residential, Single Family & Duplex by Unit Type -furnace or boiler with flue $ 15.00 each unit -wood stove with flue $ 15.09 each unit -wood combination or add-on unit $ 15.00 each unit -fireplace with flue $ 15.A0 each unit -central air conditioning $ 15.00 each unit . -exhaust fans (bath, kitchen, attic, etc.) $ 15.g4! per project -solar space heating equipment $ 15.00 each system -solar water heaters $ 15.A0 each unit ��a -repairs and replacement of the above same as above -fire sprinkler systems $ 30.A0 per project -fuel storage $ 30.00 permanent or temporary ,� -gas line inspection high/low pressure $ 15.00 -lawn sprinkler system $ 3H.0P! each system �.) ) � ) � _� .} , � } CONSTRQCTION PERMITS AND INSPECTION FEES (CONT.) Applicable � Permit Type Fee Code Section „� Commercial, Industrial and Multi-Family Residential by Unit Type -residential type equipment $ 15.g0 per unit -furnace, boilers, unit heaters, and $ 15.0� per 56,09g btuh output ;_'� makeup air units -central air conditioning $ 15.00 per ton AC -exhaust fans $ 15.00 per project -refrigeration $ 15.00 per compressor --� -fixed equipment with steam, hydraulic $ 15.00 per 8 connections or compressed air system ,.� -kitchen exhaust vents $ 15.00 -fuel storage $ 15.P10 permanent or temporary -fire alarm system $ 30.9�J per system -lawn sprinkler system $ 34J.90J per system SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems S 2.00 per head/first 50 ;g-� heads - .5g per head after initial 56 Plan Review = 65� permit fee �_� Surcharge based on valuation ._� -kitchen fire extinquishing system $ 3H.00 per system MUNICIPAL CONNECTION PERMIT (together with area connection charges) =� Sewer S 3Q.�� Water $ 3Q•�� 5/8" meter including sales tax $133.00 �- 3/4" meter including sales tax $181.010 1" meter including sales tax $235.0g "f larger meter quote basis Mail-in postage & handling charge $ 1. 50 .1 (sewer and water permits only) �� � � � � } ALL SANITARY SEWER CONNBCTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required i�e sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) � By District - Project Office Use Only *Credit to Fund � 1963 ST-lA, LS-lA or ST1-B, LS1-B $225.00 + $441.A0 per acre 1 + 32.00 per F.F. � 1964 LS-lA or LS-1B $225.00 + $32.70 per F.F. 1 1965 LS-1 $225.60 + $48.10 per F.F. 1 � 1965 LS-lA $225.�0 + $35.10 per F.F. 1 1967 LS-1 $209.85 per unit 1 + $20.95 per F.F. �3 1969 LS-1 Shore Hills $225.00 + $1H,396.5� per unit 1 1969 LS-2 Chevy Chase $7,448.50 per unit 1 1970 LS-1 Saga Hill $225.gg + $3,983.50 per unit 1 . + 24.5� per F.F. 1971 LS-1 Dunwoody $225.00 + $3,628.90 per unit 1 + 22.30 per F.F. -' 1973-1 $7,035.AA per unit 1 + $33.35 per F.F. 198H-1 Minnetonka Bluffs $8.991.06 per unit 2 ' West Ferndale/County Road 15 $26,280.0A per unit 2 Orono Lane $16,836.00 per unit 2 County Road 15 Marinas $7,009.0� per unit 2 � 1980-2 North Shore Drive/Scotch Pine Lane $24,780.00 per unit 2 1981-1 North Shore Drive/Highwood $10,755.00 per unit 2 1982-1A Navarre Utilities $2,292.�0 per unit 3 - + $948.50 trunk area 1982-1B Navarre Utilities Northern Avenue $225.00 + $2,475.00 per acre 225.A0=1 + 185.6H trunk unit acre/unit=3 . 1985-1 Crystal Bay $1A,87�.00 per unit 4 1983-1 Highway 12 Orono-Long Lake-Medina $1,�21.00 per unit 2 1989 Highway 12 - Phase I - North Side - $1,628.00 per unit 1 `% Brown Road to Willow Drive Sanitary Sewer Connection Charges � *Credit to Fund 1) 073-3753-000-BA 3) A44-3753-000-60 5) 024-3753-000-00 r 2) 043-3753-6g0-60 4) H45-3753-000-g0 6) 946-3753-000-0A � ; i ' • ) 3�LL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement pro�-'ect is not eeme to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition � to any assessment.) By District - Project ""ti I. An additional fee is charged for properties benefitting from 1984 forcemain and lift station #7 upgrade, as follows (see map for affected areas): � � Initital #6 #7 Office Use Only - Charge By Pass Forcemain *Credit to Fund 1. Existing Properties/increase Previously Previously $414.50 5 } Paid Paid 2. New Bldgs Replacing Previously Previously If usage 5 Existing Bldgs Paid Paid increases � from existing $414.5A 3. New Residential w/Existing Previously Previously 51,20g.00 5 Stub Paid Paid ( 4. New Residential Without Stub $225.00(1) $185.6H(3) $1,2�d6.00(5) 1, 3 & 5 � 5. Freshwater Biological $225.0fd (1) $185.60(3) $509/unit on (5) 1, 3 & 5 ' connection (already ^� assessed $2,000/ac) �z � 1) 073-3753-000-00 3) 844-3753-0�0-00 5) 024-3753-Ag�-OB 2) H43-3753-A00-00 4) 045-3753-000�-00 6) 046-3753-A00-�0 .� 3 .� � ) � ; - ."� . ALL SANITARY SEWER CONNSCTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the � City. If an improvement is required, the connection charge may be in addition to any assessment.) By District - Project � Office Use Only II. An additional fee is chagred for properties benefitting from the 1989 gravity line and lift station #10 by-pass per Resolution #2671, as follows (see --�� map for affected areas) : - Initital #10 Office Use Only Charge B� Pass *Credit to Fund r"1 Property Without Stub $225.0� (1) $2,120.15(6) 1 & 6 � The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundaries of the affected project area shall be �' charged the connection fee for that affected project area. Such connections are subject to City Council approval. '.-:; Sanitary Sewer Connection Charges __3 *Credit to Fund 1) 073-3753-000-00 3) 044-3753-0�0-9f� 5) A24-3753-0�0-00 ,•� 2) 043-3753-g�9-A0 4) 045-3753-0H0-06 6) g46-3753-A00-00 .:�� ';::, "3 ..1 :..� J J .) •.� 'ALL MQNICIPAL WATER CONNECTION CHARGES If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any �-7 assessment) Bv District - Project - Office Use Only � *Credit to Fund 1967 LW-1 Highway 12/Crystal Bay Road 53,674.�g per unit 1 + $27.25 per F.F. y3 1969 LW-2 Chevy Chase $3,641.�H per unit 1 1976 LW-1 Navarre Residential $1,819.00 per unit 1 + $18.10 per F.F. »7 1970 LW-1 Navarre Commerical $2,729.00 per unit 1 + $27.30 per F.F. _� 1982-1A Navarro $1,938.50 per unit 2 1989 Highway 12 - Phase I - North Side $ 933.�0 per unit 1 Water Trunk - Brown Rd to Willow Dr ON-SITE SYSTEMS (Ord. 210) Design Review Fees Included with permit fees �. Subdivision Site Evaluation Report Review $ 5�.0�/per new lot Residential System Permit: Repair/Replace existing system $ 50.00 1 New Residential System $109.0� + $2A.0� per each inspection over 3 (Includes outhouse on Big :'j Island) Non-Residential System Permit: New or Total replacement $100.60 + $26.00 per each �;', inspection over 4 � Partial replacement $ 60.�PJ + $20.00 per each inspection over 2 � Annual Service Charge $ 50.OJg/system/year plus An ac7ditional $10.�J0 fee for �� late penalty plus 8 � interest for unpaid charges certified } Section 12.36, Subd 8 (C) Water Connection Charges *Credit to Fund J 1) �72-3753-000-00 2) 044-3753-�A0-A� :� � } � � CONSTRDCTION PERMITS AND INSPECTION FEES (CONT.) Applicable � Permit Type Fee Code Section GRADING, EXCAVATION, FILLING ,� - 1-1H0 cubic yards (max. 10 loads) $ 50.00 (staff permit) - ($1g0.00 if engineering fee necessary) - 101 + cubic yards $ 75.H0 + Conditional Use Permit + $25.0� per �1 each inspection over lst � NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. 3 SIGNS Temporary S 3�•Ag Permanent (Per 1988 UBC/SBC Standard Schedule) '} ..� ,� � _) � � � ) --� . CONSTRIICTION PERMITS AND INSPECTION FEES (CONT.) Applicable -� Permit Type Fee Code Section BUILDING MOVING OR LIFTING (Ord. 227) � Fees for this activity are in addition to required building or demolition permits. - Fees and any necessary surcharges are requi=ed to pay costs of building code i�spections, public works inspections of streets and reasonable police escort service `� on oversize movements. -Lifting accessory buildings $ 30.0A (no move across lot lines) y -Lifting principal buildings $ 75.�g + engineering fee if necessary (no move across lot lines) (include pre-lift inspection fee) -� -Moving accessory building within normal No moving permit required highway clearance (max. 8'6" wide/max. 13'6" high/max. 48 ' long) - -Moving accessory building larger than normal $ 5A.H� " highway clearance -Moving principal buildings over any lot $15�.00 line, onto or off any lot within Orono; �'` includes any move on or over any City street even if not originating or term- :� inating in Orono (includes all over- size loads exceeding 8 '6" wide and/or 13'6" high 48' long) . � -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50.0H within Orono -._, b) Building outside Orono to be moved $150.PJ0 ' into Orono (max. radius 25 miles) ��# 1 � ,� i _- 1 � .) 'CONSTROCTION PERMITS AND INSPSCTION FEES (CONT.) Applicable Permit Type Fee Code Section w� — SPECIAL INSPECTION CHARGES � Site Inspection without permit $ 39.00 (when called by owner) Inspection surcharge for work or $ 3B.A0 per trip + boat rental if � application on Big Island or tra�sportation is not Deering Island provided by owner Reinspection fee after failure to comply $ 3B.0H per trip + 3H.0B per ? with Building, Septic or Zoning Code Correction hour after lst hour Notice - 3rd trip Well Site Inspection No Charge `.� FIRE PROTECTION (Ord. 223) Fire Prevention Inspection No Charge Fire Code Permits $ 3�J.09 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65� of permit fee � BURNING PERMITS Up to 5 times per year No Charge �� For Each Reinspection $29•BH More than 5 times per year $100.60 (for all organizations and individuals ��'' regardless of tax status) _� } _� � � ) • � CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section � CONTRACTUAL INSPECTION SERVICE Per Contract � Monthly Retainer Fee $ 25.00 per month (Includes clerical time) Inspection Charge $ 15.00 per inspection ; Plan Review Charge SBC/UBC Schedule Clerical Fee (Only charged if clerical $ 15.00 per hour use is excessive) ) LICENSES � MISCELLANEOOS CHARGES ,) Zoning Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) $300.00 + slip & boat fees Renewal Application & Inspection Fee $200.H0 + slip & boat fees . (annual) plus: -each slip on water $ 2.08 -each dry slip inside or in racks $ 2.00 � -each boat unit on land $ 1.00 -late fee $150.00 ,) JOINT USE DOCK LICENSE Application Fee (initial) $ 50.00 Renewal Application Fee $ 2g•gg ';i Plus each slip $ 2.00 Late Fee $ 25.0g • SEPTIC INSTALLERS LICENSE - Annual $ 5A.A0 SITE EVALUATOR LICENSE - Annual $100.�0 j GARBAGE HAULER LICENSE - flat rate $ 30.00 - per hauler $ 15.00/truck - transfer fee $ 30.00 .l � ..� � ! , ) 'LICENSES � MISCELLANEOIIS CHARGES (CONT.) Applicable Permit Type Fee Code Section � HOME OCCUPATION LICENSE $ 5�.00 Initial Review Fee $ 30.00 (Annual Review Fee) � TEMPORARY TRAILERS & BUILDINGS LICENSE $ 30.90 _�� Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980) $ 36.90 1 Municipal Code Book - Complete (Ch. 1-12 w/revisions) $ 60.00 w/black binder $ 50.00 loose �� Municipal Code Book - Portions Ch 1 thru 9 (Book 1) w/revisions $ 35.�9 loose Ch 10 thru 12 (Book 2) w/revisions $ 35.0� loose . Ch 19 only (Zoning Code) w/revisions $ 25.8� loose Ch 11 only (Subdiv. Code) w/revisions $ 15.gg loose Other Individual Chapters $ .25 /page ' . Black Binder $ 5.�0 Comp. Plan Amendment #2 (Hwy 12) $ 5.09 i City Maps $ 2.�0 each Building & Planning Publications As Posted - Prices subject .� to change General Administrative Licenses Cigarette a es icense - per quarter $ 5.00 5.24 :, Gambling & Raffle License $ 10.H0 5.23 Solicitation License $ 20.00 5.36 Up to 10 Solicitors - $1.�0 each additional solicitor in Orono Solicitor must list only those that will be in Orono t � � _1 � ; • N� LICENSES 8 MISCELLANEIODS CHARGES (CONT.) Applicable � Permit Type Fee Code Section General Administrative Documents � Listing Information $ 10.00 Assessment Search - Written $ 10.00/parcel Verbal Search - Current and/or pending Not Given Out Copy Service (for public City records only) $ .25 each � 11" x 17" copies $ 1.06 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Documents that $ 2.50 (Approximately 5 working days) �� have been microfilmed Building Plan Copies and/or Cost of Copying, Messenger f� Tape Recording Duplication Service & Min. Clerical Fee - of $5.60 (entire amount to be paid upon request) Current Street Address Book $ 12.75 Dogs & Kennels . DOG LICENSES 9.12 Biannual License (issued in odd years) $ 15.�� Annual License (issued in even years only) $ 7.50 "� KENNEL LICENSES 5.36 •�:� Commercial Application & Inspection Fee $150.OJA (Annual) Residential Application & Inspection Fee $ 25.0� �y (Annual) NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. .-:3 � `> :� ..,� %} �i ' � � LICENSES � MISCELLANEOUS CHARGES (CONT.) Applicable _� Permit Type Fee Code Section DOGS AT LARGE - RELEASE FEE 9•12 � First Offense S 20•00 Second Offense $ 30.H0 x� Third Offense $ 4�•gB After Hour & Weekend Release Charge $ 45.00 ��� ANIMALS AT LARGE (Other than dogs) 9.13 First Offense S 20•09 Second Offense $ 35.08 --� Third Offense S 50•06 Trace & Catch Animal $ 2A.�A/hour Trailer Charge S 2g.09 plus .25 mile _ (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost - Police Department Administered BEER, WINE & LIQUOR LICENSES -j Initial Investigation On-Sale/Off-Sale Liquor $509.0� per License Collected at Application In state investigation Actual cost up to $10,6�� �=� Out state investigation-actual cost Initial Investigation-Beer/Wine $150.0�/person Res. 1306 Off-Sale Liquor License $150.00 4.30 ��' Bond Requirement $S,�gg•�� On-Sale Liquor License $4,0gH.06 4.3� On-Sale Wine License $750.00 4.4E -� 3.2 Beer Off-Sale (Annual) $ 25.0A 4.20 3.2 Beer On-Sale (Annual) $ 75.00 4.26 Setups (Annual) $lAA.00 4.60 � Club Liquor License (weekday) $166.0� 4.59 (Sunday) $200.00 4.50 Temporary Set-up Permit (one day) $ 25.99/each 4.61 �� Temporary Beer Permit (one day) $ 15.0H/each 4.21 �.J :� _1 ; � } LICENSES AND MISCELLANEODS CHARGES (CONT.) Applicable ,� Application Type Fee Code Section Police Department Administered � AMUSEMENT DEVICE LICENSES 5•20 Per Establishment (Annual) $100.0H plus machine fee � Per Machine Fee $ 25.A0 each ,� PUBLIC DANCE LICENSE (Annual) $1H0.0g 5.21 (Individual Permit) $ 10.A0 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 '� FIREWORKS PERMIT $ 50.941 9.10 FIREARMS DISCHARGE PERMIT OCCASIONAL $ 1�.00 9.1� (limited use) Game Animals (limited use) $ 25.00 , Annual (Club Only) S 25•4J�J LIMITED TRAPPING PERMIT � $ 20.00 9.11 -�� Ord. 232 Ord. 243 PERMIT FOR PARADES & SPECIAL EVENTS $ 50.00 6.08 � FALSE ALARM USER FEES ,:a First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50.00 each call � (4-10 total) Next 5 false alarms/calendar year $lg�l.OA each call (11-15 total) ,� Each additional false alarm over 15/ $150.0A each call calendar year _� �� � � � , } •LICENSES AND MISCELLANEOIIS CHARGES (CONT.) Applicable `� Application Type Fee Code Section Police Department Administered ``'1 FINGERPRINTING SERVICE $ 10.06/application (Citizenship No Charge) "� COPY SERVICE - Police Records First Two Copies S 3-H0 Additional Copies $ A.SB each � COPY OF ACCIDENT REPORTS $ 3.g9 each � COPY OF DRIVER'S LICENSE RECORD $ 3.�0 each COPY FROM MICROFICHE FILE _ First Two Copies S 5•gg Additional Copies $ .25 each "NO PARKING ORDER OF POLICE" PAPER SIGNS $ 0.25 each (no lathe included) -.� _� .:� :.} ..� � i � .) i � ' ' PQBLIC WORRS DEPARTMENT MISCELLANEOIIS CHARGES -} Utility Service Rates - Effective beginning Third Quarter 1991 MUNICIPAL SEWER RATE by unit: lst $ 51.15 per quarter <.,} 2nd $ 48.25 per quarter � by flow: $ 2.99 per quarter per $2.09/100PJ gallons �� Area #1 Area #2 Area #3 Area #4 MUNICIPAL WATER RATES Navarre Long Lake Wayzata Orono/Hwy 12 } Billing & Ready to Serve Chg $15.55/qtr $5.15/qtr $5.15/qtr $5.15/qtr Water Usage Rate $ 1.27/1PJ09 gal $2.75/10g0 gal $1.40/1090 gal $1.75/1000 gal Unconnected Property Chg $15.55/qtr -0- -0- -0- -' (ready to serve/hydrant chg) . Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate � $15.55/qtr billing charge plus $1.27/10�H gallon total flow at border meter. - Penalty for late payment of sewer/water bills - 15$ after 45 days from billing date. Interest at S� on unpaid water/sewer bills certified. -� Water Turn-On $17.59 Water Turn-Off $17.59 � Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate �' Parts - At Cost • RECYCLING CHARGE $12.00/year -" Recycling Container - Initial No Charge Replacement (including sales tax) $ 6.50 each .1 .) � � � � - "} 'PIIBLIC WORRS DEPARTMBNT MISCELLANEOIIS CHARGES (CONT.) GOLF COURSE CHARGES - Effective date 1992 Season Fee :_� — Monday thru Friday (excluding Holidays) Begin Play Before 12:96 Noon "°? lst Nine Holes $ 7.�� 4 2nd Nine Holes $ 5.00 �j After 12 Noon and Weekend Rates lst Nine Holes $ 7.50 2nd Nine Holes $ 5.80 �? ._j League Rates Monday thru Friday S 7.�0 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays _ lst Nine Holes $ 5.00 2nd Nine Holes S 5.0A '_:, Season Ticket (Senior Citizens Only) $100.00 -:i GOLF CART RENTAL � Motorized lst Nine Holes (After 12:0P1 & Weekends) $10.00 2nd Nine Holes $ 8.80 ;� Monday thru Friday (Excluding Holidays) lst Nine Holes $ 6.00 Begin Play Before 12:00 Noon ==� lst Nine Holes $ 7.00 ' 2nd Nine Holes $ 7.80 Pull Carts - Per Round $ 1.00 Golf Clubs - Per Round $ 2.00 �) � STUDENT RATE (AGES 12 - 17) Begin Play Before Noon � Monday - Friday, Excluding Holidays lst Nine Holes $ 5.00 2nd Nine Holes $ 5.00 :.) Concessions As Posted � � � ` � , PUBLIC WORRS DEPARTMENT MISCELLANEOIIS CHARGES (CONT.) PUBLIC WORKS SUPPLIES & SERVICES Fee � Street or Traffic Signs $ 75.00/std. sign (sale includes installation) �; Driveway Culverts On Quote Basis (sale only, not installed) .� Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lathe) $ 1.00 each `j Driveway/Curb-Cut Permits Individual Driveways $ 36.0A/permit � New Street Intersections (See zoning section - special improvement fees) SECTION 2. This ordinance establishing the 1992 Fee Schedule shall be published in the Laker and Pioneer Newspaper and shall be effective the week of January 1, � 1992. Adopted by the City Council of the City of Orono on this 25th day ofNovember , 1991. ATT T: i � - ' / `V- ��C ��� ' ) orothy M lin, City Clerk Barbara A. Peterson, Mayor , _f 1 �3 � � Y J � C � OFFICIAL SOMMARY OF ORDINANCE NUMBER 99 , SECOND SERIES ORDINANCE N0. 99 , SECOND SERIES AN ORDINANCE ADOPTING THE 1992 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE N0. 91 SECOND SERIES AND ORDINANCE N0. 95 SECOND SERIES The following is the official summary of Ordinance Number 99 , Second Series approved by the City Council of the City of Orono on November 25, 1991 The following sections have changes , additions and/or deletions : 1991 1992 DESCRIPTION FEE FEE ZONING APPLICATIONS Application Type VARIANCE Variance for Non-Conforming Use $2�0• �0 NDITIONAL USE PERMIT Institutional Use (School, Church, etc. ) $150. �0 $175. 00 Renewal Conditional Use Permit 1/2 Current $19�. 0� (no change from original application) Fee SUBDIVISION Sketch Plan (Class I , II & III) $15�. 00 $2H0. �0 Preliminary Review $250. �� $30�. �� (Class I & II Subdivisions) Preliminary Review $300. gH+ $325. 00+$25/lot (Class III and all non-residential) $20/lot $400. �0/3 lots ($360/3 lots $425. �0/4 lots $38�/4 lots) Final Plat Review (Class III) $15�. �H plus $175. �8 plus Legal/ special Legal and Engineering Engineering charges charges Filing Fees: b) Subdivision + Easements & Covenants $150. 00 $200. �� minimum plus any additional costs Renewal of Preliminary Subdivision 1/2 of current $15�. �H Application fee Renewal of Final Subdivision Application $1��. �0 SEMENT VACATIONS WITH SUBDIVISON $ 50. �0 $ 75. A� APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $250. �� $3A0. 0� , 1991 1992 DESCRIPTION FEE FEE ZONING APPLICATIONS PUD Rezoning: Residential $25�. 0� + $3�0. �� + $4�. �0 $35. �0 per per dwelling unit dwelling unit REQUEST TO AMEND COMPREHENSIVE PLAN $250. H0 $30�. 0g SPECIAL IMPROVEMENTS Proposed Sanitary Sewer Main Extension $250. �0 plus $25H. 00 plus $5. �� per stub $25. �A per stub Proposed Watermain Extension $250. 00 plus $25�. �A plus $5. 0� per stub $25. �� per stub SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Professional Time $ 28. �0/hour $ 29. �0/hour Clerical Time $ 16.75/hour $ 17. 25/hour CONSTROCTION PERMITS AND INSPECTION FEES RUILDING PERMIT Kinimum Fee $ 3�. �0 $ 15. 0� RETAINING WALLS (in excess of 42" also $ 3�. �0 $ 15. 00 multiple tiered walls that exceed 42" minimum minimum and not located in lakeshore (per 1988 UBC Standard Schedule) protected area) DEMOLITION PERMIT Principal Structure $ 25. 0� for $ 25. A� for each each requested requested or inspection required beyond initial inspection beyond inspection initial inspection PLUMBING PERMIT $ S. g�/ $ 8. 00/fixture fixture $ 3. 0�/ $ 5. 0�/fixture fixture reset reset SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems $ 2. 0� per $ 2. �0 per head/ head/first 50 first 5g heads - heads - $g. 3� $. 5B per head per head after after initial 50 initial 50 Plan Review Plan Review = 65� 1/2 permit permit fee fee � 1991 1992 DESCRIPTION FEE FEE CONSTROCTION PERMITS AND INSPECTION FEES MUNICIPAL CONNECTION PERMIT (together with area connection charges) Water 5/8" meter including sales tax $125. 0� $133. 0� 3/4" meter including sales tax $163. 0� $181. 00 1" meter including sales tax $218.�� $235. �0 ALL CONNECTION CHARGES (IF NOT PREVIOUSLY ASSESSED) BY DISTRICT - PROJECT ALL SANITARY SEWER CONNECTION CHARGES Various Various reflecting cost of investment ALL MUNICIPAL WATER CONNECTION CHARGES Various Various reflecting cost of investment ON-SITE SYSTEMS Residential System Permit: Repair/Replace existing system $ 30. �� $ S�. H� Replace drainfield & repair 1/more tank $ 50. 00 Delete New Residential System $ 75. 00 $100. �� + $2�. A� per each inspection over 3 (Includes outhouse on Big Island) Replace Drainfield & Replace 1/ more $ 5�. 0� Delete tank Annual Service Charge $ 25. 0�/system $ 5�. �0/system/year year plus an plus an additional additional full $10. 00 fee for fee for late late penalty plus penalty plus 8� interest for 8� i�terest for unpaid charges unpaid charges certified. certified. GRADING, EXCAVATING, FILLING - 1-1g0 cubic yards (max. 1� loads) $ 5�. �0 $ 5�. �� (staff permit) (+ engineering $100. 0� if fee if engineering fee necessary) necessar�) � � 1991 1992 DESCRIPTION FEE FEE CONSTRUCTION PERMITS AND INSPECTION FEES BUILDING MOVING OR LIFTING Moving accessory building Changed building size to conform to State Statutes Moving principal buildings Changed building size to conform to State Statutes SPECIAL INSPECTION CHARGES Reinspection fee after failure to Added Septic to comply with Building, Septic, or reinspection fee Zoning Code correction No change in fee Well Site Inspection $ 3�. �0 No Charge LICENSES & MISCELLANEOOS CHARGES �ning Department Administered Comp. Plan Amendment #2 (Hwy 12) $ 5. 00 On-Site Design Manual $ 5. 0� Delete General Administrative Documents Reprint of Oversized Documents that $ 25. 00 $ 2. 5� (approx. have been microfilmed Minimum charge 5 working days) Current Street Address Book $ 12. 75 DOGS AT LARGE - RELEASE FEE After Hour & Weekend Release Charge $ 45. �A FIREARMS DISCHARGE PERMIT OCCASIONAL Game Animals (limited use) $ 25. �0 � A � ' �� 1991 1992 DESCRIPTION FEE FEE POBLIC WORRS DEPARTMENT MISCELLANEOOS CHARGES GOLF COURSE CHARGES - Effective date 1992 Season Monday thru Friday (excluding Holidays) Begin Play Before 12: g0 Noon lst Nine Holes $ 6. 50 $ 7. 0P! 2nd Nine Holes $ 4. 5A $ 5. (d� After 12 Noon and Weekend Rates lst Nine Holes $ 7. 00 $ 7. 50 2nd Nine Holes $ 4. 5g $ 5. P10 League Rates Monday thru Friday $ 6. 50 $ 7. 041 Senior Citizen (Over 60 years old) Begin Play Before 12: g0 Noon - Weekdays lst Nine Holes $ 4. 5� $ 5. 06 2nd Nine Holes $ 4. 50 $ 5. 0�! GOLF CART RENTAL Motorized Monday thru Friday (Excluding Holidays) Begin Play Before 12: �� Noon $ 6. fd� lst Nine Holes , $ 7. �H 2nd Nine Holes $ 7. �0 STUDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday - Friday, Excluding Holidays lst Nine Holes $ 5. �0 2nd Nine Holes $ 5. �1�! A printed copy of the 1992 Fee Schedule Ordinance is avai lable for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 1, 1992. Adoped by the City Council of the City of Orono on this 25th day of November , 1991 , by a vote of 4 ayes and 0 nays. ������� ATT ST: Barbara A. Peterson, Mayor � 0 othy M allin, City Clerk SUMMARY ORDINANCE A SQMIKARY OF ORDINANCE NO. 100 , SECOND SERIES, ADDING SECTION 5.38 AND AMENDING SBCTIONS 5.37 AND 12.30 OF THE CITY OF ORONO MONICIPAL CODE RELATING TO ON-SITE SSWAGE TREATMENT SYSTEIrl CONTRACTORS, SITE EVALUATORS, AND DBSIGN$RS, AND REGOLATING ON-SITE SEWAG$ TR$ATMENT SYSTEMS GENERALLY. The Council of the City of Orono ordains: A summary text of the above cited ordinance is approved in the following form: This ordinance affecting the design, construction, installation, operation and maintenance of on-site sewage treatment systems provides for the licensing of on-site sewage treatment systems, site evaluators, designers, and contractors. ' This ordinance further adopts by reference specific sections of "Minnesota Pollution Control Agency, Water Quality Division, Individual Sewage Treatment Systems Standards, Chapter 7080" . This ordinance shall be available in full printed text for inspection by any interested party during regular office hours at the office of the Orono City Clerk. This ordinance shall be effective upon publication of this Summary Ordinance. ^ � / � Barbara A. Peterson, Mayor ATTE� : � I ' - � . orothy M llin, ity Clerk Publish in the Laker and Pioneer newsnaper the week of February 17, 1992. e � . QRDjNANCE # 100 , $ECOND $$RIE$ AN ORDINANGS A1�:NDING SECTION 5.37 OF THE CITY OF ORONO MIINICIPAL CODB RELATING TO ON-SITE S$F1AGE TRBATMENT SYSTEMS CONTRACTOR, AND ADDING SECTION 5.38 RELATING TO ON-SITE SEWAGE TREATIKENT SYSTE1riS SITS $VALIIATORS AND DESIGNBRS, AND AMENDING S13CTION 12.30 RELATING TO ON-SITE SEWAGE TREA'1'MENT SYSTEMS. The City Council of Orono does ordain: SBCTION 1. Chapter 5 of the Municipal Code of Orono is hereby amended by amending Section 5.37, Subd. 4 to read as follows: Subd. 4. MPCA Certificate. Applicant shall hold a current. "Individual Sewage Treatment Systems Certificate" issued by the Minnesota Pollution Co�trol Agency. Applicants holding a 'provisional' certificate shall be subject to staff review of the applicant to determine their competence. SECTION 2. Chapter 5 of the Municipal Code of Orono is hereby amended by adding Section 5.37, Subd. 5, as follows: Subd. 5. Approval by Council. Applicant shall satisfy the Council that the applicant is qualified by training and experience to engage in the business of constructing or pumping on- site systems in accordance with the requirements of the On-Site Sewage Treatment provisions of the City Code. SECTION 3. Chapter 5 of the Municipal Code of Orono is hereby amended by adding Section 5.38, as fol lows: SEC. 5.38 ON-SITS SEWAGE TREATMENT SYSTEMS SITE $VAI.IIATOR AND DESIGNER• Subd. 1. License Required. It is unlawful for any person to engage in the business of on-site system site evaluation and system design without a license therefor from the City. This license shall be a separate license from the "On-Site Sewage Treatment Systems Contractor" license. Subd. 2. License Fee. Licenses provided for in this section shall be issued only upon payment in full of the license fee fixed and determined in accordance with City Code Section 1.05. Subd. 3. MPCA Certificate. Applicant shall hold a current "Individual Sewage Treatment Systems Site Evaluator and Systems Design Certificate" issued by the Minnesota Pollution Control Agency. Applicant holding a 'provisional' certificate shall be subject to staff review of the applicant to determine their competence. 1 , Subd. 4. Approval by Council. Applicant shall satisfy the Council that the applicant is qualified by training and experience to engage in the business of site evaluation and system design in accordance with the requirements of the City Code. S$CTION 4. Chapter 12 of the Municipal Code of Orono is hereby amended as follows: A. Section 12.30 of the City of Orono Municipal Code is hereby deleted. A new Section 12. 30 is added to read as follows : SEC. 12.30 ON-SITS S$WAGS TREATMENT. Subd. 1. Statement of Purpose. The Council is concerned about the manner in which sanitary sewage is disposed of and the effect of such disposal upon the City. Recognizing the need to regulate those systems and facilities intended to be used for the disposal of sewage, and pursuant to the powers and jurisdictions vested through Minnesota Statutes and other applicable laws, City Code provisions and regulations, the City does hereby adopt this Section for the following purposes: A. To provide minimum standards and criteria for the design, location, construction, use and maintenance of al 1 on- site sewage treatment systems (hereinafter "systems") within the City. � B. To protect the land, water and other natural resources from pollution, impairment or destruction. C. To protect the public health, safety and general welfare of the residents and citizens of the City. D. To prevent the discharge of inadequately treated sewage to ground or surface waters. E. To prevent the f looding of or f lood damages to operating systems. F. To prevent the premature extension of costly municipal sewer and water services consistent with the adopted Comprehensive Land Use Plan of the City. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: 1. "Building" - Every building, structure or place intended for human habitation or use as a dwe 1 ling or agricultural, commercial, industrial or other establishment. 2. "Cesspool" - An underground pit into which raw sewage or other untreated waste is discharged and from which the liquid seeps into the surrounding soil. 3. "City Sewer" - A sewage collection system terminating in a treatment plant or Metropolitan Waste Control Commission facilities, and not utilizing septic tanks or soil treatment and absorption areas. 4. "Construction" - Any action which in any way 2 � . affects the physical components of any new or existing system, including construction, installation, extension, alteration or repair, not to include pumping. 5. "Contractor" - A person licensed under the provisions of the City Code to engage in the business of system construction and pumping. 6. "Disposal" - The evaporation or absorption of purified liquids after treatment of the raw sewage. 7. "Holding Tank" - A water tight tank for storage of sewage until the sewage can be transported to an approved off- site point of treatment and disposal. 8. "Inspection Report" - The official report of the results of the inspection by the City, including any official orders to repair or replace non-conforming systems. 9. "MPCA Regulations Chapter 7080" - Minnesota Pollution Control Agency Individual Sewage Treatment Standards Chapter 7080. 10. "On-site Sewage Treatment System" (hereinafter "system" or "on-site system" ) - A device or series of intercon- nected components designed, installed and maintained for the pur- pose of safely treating and disposing of sewage and domestic wastes from a dwelling or other establishment or group thereof, whenever such system is not part of a central sewer system. (a) System Design Definitions: i. "Standard System" - An individual sewage treatment system employing a building sewer, sewage tanks, and the soil treatment system, consisting of trenches or mounds which are constructed on original soil which has a percolation rate equal to or faster than 120 minutes per inch. ii. "Alternative System" - Alternative systems include modified standard systems (seepage beds, curtain drained systems) reduced area systems (aerobic tanks, separated toilet waste and greywater systems, seasonal use systems); advanced alternative systems (mounds with percolation rate slower than 120 mpi, collection systems, other systems such as toilet waste treatment devices , etc . ) ; and holding tanks . iii. "Prohibited Systems" - Cesspools, dry wells, leaching or seepage pits, and privies. (b) System Construction Status Definitions: i. "New System" - Any proposed system or any newly constructed system, which construction takes place after the adoption of this Section, shall be a "new system" until the time of final inspection and approval by the City. ii. "Existing System" - Any system con- structed and in use prior to the adoption of this Section. "New 3 J . systems" shall become "existing systems" at the time of final inspection and approval by the City. (c) System Conformity Definitions: i. "Code System" - A system which meets al 1 the location, design and construction standards of the current City Codes, and which is operating satisfactorily by treating and disposing of the entire current sewage input without discharging any pollutants into ground or surface waters. ii. "Conforming System" - A system which does not meet al 1 the location, design and construction standards of the current City Codes, but was instal led according to the code in effect at the time of installation, and which is operating satisfactorily by treating and disposing of the entire current sewage input without discharging any pollutants into ground or surface waters. iii. "Non-Conforming System" - A prohi- bited system; a system located within a designated 100-year f loodplain; any system which may or may not meet all the location, design or construction standards of the current City Codes and which is failing for any reason; and any system with less than 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics. iiii. "Failing System" - Any system which is being used beyond its capacity or for any other reason has failed to treat properly and/or dispose of the entire current input and is therefore: ( 1 ) Discharging pollutants , or any liquid, to the surface of the ground or the ground water or to any lake, stream or other body of water; or, (2 ) Not accepting sewage input from an occupied building; or, ( 3 ) Creating a safety hazard due to unprotected or improper construction or maintenance; or, ( 4 ) Creating a public nuisance in any manner. 11. "Owner" - Any person having legal or equitable title or sufficient proprietary interest in any building or land subject to the provisions of this Section. For purposes of notification, the owner shall be the occupant of the property or the person listed as taxpayer on the current tax rolls. 12. "Pollutants" - Bacterial or chemical impurities including pathogenic bacteria, infectious viruses, toxic chemicals, excess nutrients (nitrogen and phosphorous ) , unpotable water, or septage. 13. "Privy" - An outhouse, a cesspool enclosed by a building, typical ly not served with running water. 14. "Pumping" - The removal by gravity, syphon or mechanical means of any liquid or septage from sewage or holding tanks. � 4 '.+ . 15. "Seepage Pit or Leaching Pit or Dry We 11" - An underground pit into which a sewage tank discharges effluent or other liquid waste and from which the liquid seeps into the surrounding soil through the bottom and openings in the side of the pit, including sewage tanks which are not watertight. 16. "Septage" - Those solids and liquids removed during periodic maintenance of a septic or aerobic tank, or those solids and liquids which are removed from a holding tank. 17. "Septic Tank" - Any watertight, covered receptacle designed and constructed to receive the discharge of sewage from a building sewer, separate solids from liquid, digest organic matter, store septage through a period of detention and to allow clarified liquids to discharge for further treatment in another septic tank or to a soil treatment system. 18. "Sewage" - Any water carried domestic waste, exclusive of footing and roof drainage, from any dwelling or other structure. Domestic waste includes liquid waste produced by toilets, bathing, culinary operations, and the floor drains associated with these sources and specifically excludes animal waste and commercial or industrial waste water. 19. "Site Evaluator/System Designer" - A person licensed under the provisions of the City Code to engage in the business of sewage treatment system site evaluation and design. 20. "Soil Treatment Area" - That area of trench or bed bottom which is in direct contact with the drainfield rock of the soi 1 treatment system, and for mounds, that area to the edges of the required absorption width and extending five feet beyond the ends of the rock layer. 21. "Structure" - Anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground. 22. "Treatment" - The purification of raw sewage by the removal or neutralization of pollutants through separation, bacteriological processes, biological and physical filtration, and gasification. Subd. 3. Terms Not Defined Herein. Words and terms not defined herein shall have those meanings as set forth in the Zoning Chapter as amended, the Subdivision Chapter as amended, and MPCA Regulations Chapter 7080. Subd. 4. General Provisions. A. Treatment Required. All sewage generated within the City shall be disposed of by connection to the City sewer 5 system or shall be treated and disposed of in an on-site system according to the provisions of this Section. B. Jurisdiction. The provisions of this Section shall apply to the method of sewage disposal from every building within the City intended for human use or habitation, whether such use is permanent, temporary or seasonal, regardless of the date of original construction or use. 1. The owners of all buildings where City sewer is available or becomes available, shall connect the buildings to the City sewer within 16 months of the availability of the sewer according to the provisions of the City Code. 2. At the time connection to city sewer is completed all existing septic tanks no longer in use shall be pumped out and filled with native soil. 3. The owners of those buildings which have been completely connected to City sewer shall be exempt from the maintenance and inspection provisions of this Section. C. Surface Discharge. Unless specifically permitted by MPCA and the City of Orono, sewage, sewage tank effluent, or seepage from a soil treatment system shall not be discharged to the ground surface, abandoned wells, or bodies of surface water, or into any rock or soil formation the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground. All new or existing systems which discharge to surface waters or the ground surface must obtain either a National Pollutant Discharge Elimination System (NPDES) or State Disposal System Permit from MPCA and shall comply with all federal, state, and City requirements pertaining thereto. D. Standard System Required. In areas not served by City sewer systems, sufficient open land of suitable soil characteristics shall be provided for each new or existing building to allow for the design, construction and use of a "standard" on- site system within the property or on which such building is located. Standard systems are the only new systems permitted by this Section without a variance thereto. 1. "Alternative systems" shall not be permitted except by variance. 2. "Prohibited Systems" shall not be instal led or used except as permitted elsewhere in this code. E. Variances. Should the City find that any of the provisions of this Section are not applicable to the design, location, or construction of a specific system, or would cause unnecessary or unintended hardship to the owner, the City may permit such variations therefrom as are not contrary to the intent 6 and purpose of this Section or other applicable law. 1. Variance applications shall be reviewed by the City upon written reguest of the owner or the owner's agent. 2. Variances, when approved, shall be subject to all conditions and requirements established by the City at the time of approval or thereafter. 3. Alternative system designs shall be reviewed by the City who shal 1 approve, conditionally approve or disapprove of the proposal. The owner shall submit complete site evaluation, design, construction and material specifications as required by the MPCA Regulations Chapter 7080 and the City. The owner shall pay all costs incurred by the City in the review of the proposal. 4 . Site limitations including soil characteristics and lot size may require A lternative System design for the repair, alteration, extension or replacement of existing systems, or for the construction of new systems on lots of record as of the date of adoption of this Section. In such cases, the City shall have authority to approve, conditionally approve or disapprove the proposal. 5 . Subdivision proposals may include Alternative Systems for one or more proposed lots. In such cases, the City's review and recommendations sha 1 1 be forwarded to the Planning Commission and Council for inclusion in the review of the preliminary plat. The Council may approve, conditionally approve or disapprove of the proposal and may require that the proposed subdivision be redesigned to reduce or eliminate the use of Alternative Systems. F. Building Permit Applications. No building permit shal 1 be issued by the City for any new building which will be connected to a new on-site system until the site evaluation report and system design specifications as required by the MPCA Regulations Chapter 7080 and the City Code have been reviewed and approved. Where the construction of additional bedrooms , installation of inechanical equipment, or other factors likely to affect the operation of the system can be reasonably anticipated, the installation of a system for such anticipated need shall be required. No building permit shall be issued unless primary and alternate drainfield sites have been tested and approved. No building permit or plumbing permit shall be issued by the City for any expansion or alteration of a building or use connected to an existing on-site system, until such system has been inspected and certified by the City as being in compliance with this Section. Whenever the addition of bedrooms or plumbing fixtures, or a change in the character or intensity of the established use is proposed, the City may require the review and/or replacement, repair, alteration or expansion of the existing system or any portion thereof. 7 .r . G. Subdivision Applications. No subdivision, lot division or replatting for the purpose of creating a new building site, which property includes the use of on-site systems, shal 1 be approved by the City until a site evaluation report and system design when required has been reviewed and approved, and all existing systems have been inspected and certified by the City as being in compliance with this Section. 1 . Each new lot which is not further subdividable under the lot area standards of the zoning code, shal 1 have tested and approved primary and alternate drainfield sites. 2. Each new lot containing less than 5 acres in dry buildable area shall have tested and approved primary and alternative drainfield sites. 3. For all lots containing less than 5 acres of dry buildable area, the site evaulation report shall also include detailed system design specifications as normally required for building permit applications. 4. For each proposed lot, drainfield sites and system designs shall be capable of serving a 5-bedroom home (750 GDP Design Flow Rate) . 5. As part of any subdivision, the owner shall grant to the City in a form approved by the City a perpetual right of entry to allow for the future inspection of all systems, which right of entry may be filed in the chain of title for the property. Subd. 5. System Design and Construction. All system permit applications, site locations, design specifications, construction methods and material specifications shall be according to the minimum standards and criteria listed in MPCA Regulations Chapter 7080.0110 - 7080.0210, with the following additional minimum standards: A. Site Evaluation. The proposed site of every new system or altered or expanded existing system shall be investigated by a qualified site evaluator who shall prepare and submit a report to the City therein identifying relative site elevations and locations on a plot plan; water table depth, soils and soil characteristics; tabulating the results of required soil borings and percolation tests; describing the testing methods and equipment used; and generally evaluating the suitability of the site for system construction and use as stated in MPCA Regulations Chapter 7080. Site evaluation shall be prepared and signed by a MPCA certified site evaluator, including the site evaluator' s certification number. The site evaluator must also be licensed to operate in the City of Orono. The site evaluation report shall include the following: ' 1. Soi 1 Borings. Soi 1 borings must be taken 8 �e . to a depth at least 5 feet below any proposed soil treatment system. If a water table or soil mottling is encountered at a depth less than 5 feet, the boring shall be continued to a depth 2 feet below the highest water table or mottling indicator. The number of soil borings necessary for the site evaluation report listed below is the minimum requirement. Additional borings may be requested by the City due to questionable soils. (a) For new systems, at least three soi 1 borings shal 1 be made within the primary drainfield area and three soil borings within the alternate drainfie ld area. (b) For replacement systems, at least three soil borings shall be made in the proposed replacement area. (c) For additions to existing systems, at least one soil boring shal 1 be made in the expansion area. 2 . Percolation Tests . The number of percolation tests required for the site evaluation report listed below is the minimum requirement. Additional percolation tests may be requested by staff due to questionable soils. (a) For new systems, at least three percolation tests shall be made within the primary drainfield area and three percolation tests within the alternate drainfield area. (b) For drainfield replacements at least three perco lation tests shall be made in the expansion area. (c) For additions to existing systems, at least one percolation test shall be made in the expansion area. 3. P lot P lan. A sca le drawing of the entire lot showing the following: a. All property lines and lot dimensions. b. All existing and proposed structures. c. All existing or proposed well locations, or water supply piping. d. Relative elevations of house, lot corners and drainfield areas. e. Slope of ground at drainfield sites by contour lines or direction arrows and slope percentages. f. Location of a 11 perco lation test ho les and soi 1 borings with identifying symbols and relative ground elevations of each. g. Primary and alternate drainfield areas identified. h. Distance from primary and alternate drainfield areas to property lines, well locations, and any lake, stream, marsh or drainage channel within 75 ft. of any part of the system. B. System Design. System design specifications shall include proposed f lows or other sizing information, minimum sewage tank capacity, minimum soil treatment area requirements, a plan of the component layout, and all other information necessary to assure the City that the system is designed and will� be 9 ,J . constructed to receive, treat and dispose of al 1 of the sewage from the bui lding served. Footing or roof drainage, garage f loor drainage, toxic chemicals, flammable liquids, animal wastes, commercial process water and commercial kitchen grease shal 1 not enter any portion of the system but shall be separately treated and disposed of according to the applicable regulations of the MPCA, the Minnesota State Board of Health and the City. l. Setbacks. The minimum setback distance requirements are as follows: Feature Sewage Tank and Soil Treatment Area Water Supply Well 75 ' Wetland 75 ' Lake: � General Denelopment 75 ' Recreational Development 75 ' Natural Environment 150 ' Tributaries, Streams 75 � Driveways, Sidewalks, Decks, and other Hardcover 20 ' Property Lines, Buildings and Buried Pipes 20' Lawn Sprinkler Systems 10 ' 2. Sewage Tanks. The minimum sewage tank size requirements are as follows: No. of Bedrooms Tank Liquid Capacities (Gal. ) 4 or less 1000+1000 Regardless of garbage disposal use 5 or 6 1250+1000 7, 8 or 9 1500+1500 10 or more Sewage tanks shall be sized as "other" establishment per Subp. 3 Sec. B in MPCA Regulations Chapter 7080. 0130 3. Pumping Stations. In order to standardize installation and electrical connection methods, the following pumping station requirements must be met in addition to MPCA Regu lations Chapter 7080: � (a) Electrical Connection. ( 1 ) A water-tight , lockable e lectrica 1 box must be mounted on a 4x4 inch treated redwood or cedar post. (2) All electrical connections shall be made within the box. Pump connection must not be made using a direct line (plug in only). Wire entry to the electrical box shall be sealed with putty. (3) Alarm and pump f loats sha 1 1 be 10 :' i' on separate electrical circuits. ( 4 ) Electrical wire from power supply must not run over any tanks but must be laid beside the tanks and p laced in conduit along the electrical post. (5) E lectrica 1 cords f rom the pump and f loats must be run through a 2 inch PVC conduit (Schedule 80). Wires must not have ground contact. (b) Pumping Chamber. ( 1 ) Effluent pipe exiting the pumping chamber should be laid on a uniform slope up to the soil treatment area for proper drainback. If the pipe at the tank must be lower than union to get elevation for drainback, a 1/4 inch weep hole must be used. (2) When the soil depth above the pressure distribution pipe is less than 3 1/2 feet, insulation must be added to achieve an insulating factor equal to 3 1/2 feet of soil to decrease the potential for freezing ( styrofoam or concentric piping are acceptable methods). Piping under hardcover such as tennis courts or driveways sha 11 receive an additiona 1 1 foot of soil cover or equivalent insulating factor. (3) A reserve capacity equaling 75$ of the anticipated dai ly f low must be a 1 lowed in the pumping chamber between the alarm activation level and the pump tank inlet. 4. Drainfields. " (a) Trenches. Trenches must meet MPCA Regulations Chapter 7080 and may not be located on slopes greater than 18� without variance. (b ) Mounds. Mounds must meet MPCA Regulations Chapter 7080 and may not be located on soils with perco lation rates s lower than 120 mpi nor on s lopes greater than 6� without variance. C. Conformity Standards. l. New systems shall be located, designed and constructed as code systems. 2. When an existing code system is repaired, altered, or expanded, such system shall remain a code system. Conforming systems, when repaired shall be upgraded to a code system status whenever such classification is reasonably attainable. 3. Existing non-conforming systems shall be replaced by code systems whenever such classification is reasonably attainable. If a code system is not achievable due to soil, water table, or lot limitations, the system may be replaced or repaired such that it becomes a conforming system. D. Construction Procedures. 1. Protect Absorption Area : Propased 11 .. :� drainfield absorption areas shall be identified and marked off on the lot at the time of the site evaluation and prior to any construction or grading occurring in the area. The drainfield area shall remain undisturbed until drainfield construction is commenced. No vehicu lar traf f ic sha 11 be a l lowed in the drainf ie ld area either before or after drainfield installation. 2. Favorable Weather Required: Drainfield absorption area or trench construction must not proceed if the area is wet or has had rain within 48 hours. Mound or trench construction shall not proceed unless the soil moisture content is below the plastic limit. 3. Construction Inspection Required: The contractor issued a permit for on-site system construction shall perform al 1 work according to the design specifications approved by the City for each particular system. A 11 subsurface work including building sewer, sewage tanks, distribution system and soil treat- ment area shall be inspected by the City Inspector prior to backfilling or covering of any portion thereof. It shall be the responsibility of the contractor to notify the City at least 24 hours prior to the time an inspection will be required, and it shall be the responsibility of the contractor to ensure that the inspection is accomplished and the construction is approved prior to any backfil ling, covering or continuation of the construction. Subd. 6. System Operation, Use and Maintenance. A. Existing systems require prudent use and proper maintenance to ensure that each system wil 1 continue to treat and dispose of the entire sewage input and operate in conformance with this Section. Therefore, this Section provides for certain maintenance standards and regular monitoring of all systems within the City. B. Owner's Responsibiity. It shall be the respon- sibility of each property owner to demonstrate that the on-site sanitation device or system in use or existing on his property is in conformance with all requirements of this Section; that the device or system properly treats and/or disposes of the entire sewage input generated on the property; and that the device or system is adequately and properly maintained at all times. If unpermitted non-conforming, mislocated, or failing devices or systems shall be found by the City because of complaint and/or routine inspection, correction orders shall be issued by the Building Official or On-Site Manager requiring repair, alteration or replacement in strict accordance with the requirements of this Section. Failure of any owner to obey such a lawful order shall be cause of the City to initiate legal actions including condemnation of a 11 occupancy of the property pursuant to Minnesota Statutes 463. 15 et seq. C. System Use. All owners using or controlling the use of any on-site system shall use said system in a prudent manner, shall control the volume of liquid discharged into 'the 12 X f' system consistent with the design capacity, shall strictly limit the discharge of shredded garbage, residential kitchen grease or other solid matter into the system, and shall prohibit the discharge into the system of footing or roof drainage, garage f loor drainage, toxic chemicals, flammable liquids, animal wastes or commercial process water and commercial kitchen grease. D. System Maintenance. All owners using or controlling the use of any on-site system shall perform the following maintenance functions: 1. System Location: Within twelve (12) months of the effective date of this Section, a diagram shall be prepared and thereafter kept on the property showing location of the system including the sewage tank(s) , distribution box(es) and soil treatment area. 2. Annual Inspection: Within twelve ( 12 ) months of the effective date of this Section, and at least once between March 1 and June 30 of each succeeding year, the inspection manhole and the inspection pipe of every sewage tank and holding tank shall be opened and the depth of the scum and sludge accumulated in the tank shall be measured. Whenever existing sewage tanks are not provided with inspection pipes, the owner of said tank shall install same within twelve ( 12 ) months of the effective date of this Section. At the same time that the septic tank is opened for inspection, each distribution box shall be opened and any accumulated solids shall be placed in the septic tank for treatment. 3. Regular Pumping: Sewage tanks and/or holding tanks shall be regularly pumped of septage as provided by this Section. 4. Owner's Records: Ful 1 and accurate records shall be kept on the property which records shal 1 list the date of every sewage tank or holding tank pumping, the contractor responsible for the pumping and the gallons removed, the date and nature of all system repairs or alterations occurring after the effective date of this Section, and shall include copies of the most recent City Inspection Report classifying the operation of the system. E. Sewage Tank and Holding Tank Pumping. It is unlawful for any person to pump or remove any septage ( liquids or solids) from any sewage tank or holding tank without complying with the requirements of this Section. 1. Required Pumping: The owner of each sewage tank or holding tank shall cause said tank to be pumped for the remova 1 of septage when required by one or more of the fo l lowing provisions: (a) Sludge buildup: Sewage tanks shal 1 be pumped whenever measurement of the tank indicates that the •top 13 � �- of the sludge layer in the tank or any compartment thereof is less than 12 inches below the bottom of the outlet device or the f loating so lids layer is less than 3 inches from the bottom of the outlet device. (b) Regular pumping: No sewage tank shall remain in service without being pumped at least once every three years, whether or not measurement indicates a sludge buildup. Each existing septic tank shal 1 be pumped at least once within 36 months of the effective date of this Section and thereafter at least once within 36 months of each succeeding pumping. (c ) System failure : Non-conforming systems discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. (d) Holding tanks : Holding tanks shall be pumped on a regular basis and in all cases shall be pumped before overf lowing occurs. 2. Contractor Required: All sewage tank and holding tank pumping sha 11 be performed by licensed contractors . 3. Offsite Disposal Required: All septage removed from sewage tanks or holding tanks shall be removed from the site in sealed containers and shall be disposed of in a sanitary location and manner according to the requirements of the Metropolitan Waste Control Commission. " 4. Registration Required: Each pumping of every sewage tank and ho lding tank sha 1 1 be registered with the City on forms provided for that purpose, within seven (7 ) days of the pumping. The contractor shall certify to the City the owners of the property, property address, date of pumping, gallons removed and location of sanitary disposal. Failure to register any pumping with the City shall be cause to revoke the contractor's license and/or forfeiture of the bond and may resu lt in the City Inspection Report' s classifying the system as non-conforming. Subd. 7. Special Provisions for Lake Minnetonka Islands. All lots, properties, buildings and structures on Big Island, Mahpiyata Island and Deering Island, Lake Minnetonka, shall be pro- vided with on-site sewage treatment systems conforming to the requirements of this Section, as amended by the following special provisions and specific exceptions pertaining to island properties. A. Systems Not Required. Vacant property or property used solely for one-family seasonal recreational use of land without structures, or with accessory structures only, as permitted in the "RS" Zoning District, need not be provided with an on-site sewage treatment system provided that at any time such property is actually in use by one or more persons for overnight or longer stays that an approved marine toilet or portable holding- tank toilet shall be available on the property or within a watercraft docked or moored at the property. B. Outhouses Permitted. Notwithstanding other 14 . i� prohibitions against privies, outhouses or pit-type toilets, these devices may be used on property in the "RS" District subject to the following restrictions: 1. Outhouses may be used only on property used for: (a) Seasonal dwellings of less than 800 square feet in floor area. (b) Seasonal recreational use of land without structures, or with accessory structures only. (c) Any other permitted or conditional use only upon approval of a variance issued by the Council. 2. Outhouses shall be dry with no water plumbed-in. 3. Outhouses shall be constructed in accor- dance with MPCA Regulations Chapter 7080.0210 Subp. 4, except that sealed vault type outhouses shall not be permitted. 4. Outhouses shall be located as per MPCA Regulations Chapter 7080 as modified by this ordinance. 5. Existing outhouses not conforming to any or al 1 of the above requirements shall be abandoned, filled-in and the superstructure removed within 1 year of notification that a non- conformity exists, but in any case not later than 2 years after the effective date of this subdivision. 6. It is unlawful for any person to construct, install or relocate an outhouse without first obtaining a permit from the City as required for other on-site systems, except that outhouse permits may be issued to the property owner as well as to Iicensed contractors. Permit applications shall specify location, setbacks, pit design and pit elevation above the highest water table indicator. At least one soil boring in the location of the outhouse shall be provided by a MPCA certified, city licensed site evaluator. All work on outhouses including construction, installation, alteration or relocation shall be subject to inspection and approval by the City to ensure compliance with the requirements set forth herein, including without limitation proper design, construction, sanitary setbacks, depth to water table and soi 1 types. C. Alternative waste treatment devices are permitted in lieu of an outhouse on any property where outhouses are permitted pursuant to Subparagraph B above, or where otherwise necessary to provide toilet waste disposa 1 for an existing dwelling where a conforming outhouse or on-site sewage treatment system cannot be installed. Such devices shall include incinerating devices, composting devices or small portable holding-tank toilets which are carried to the mainland for disposal in a sanitary sewer system. Alternative systems shall be subject to review and approval by the City. D. On-Site Sewage Treatment Systems Required. • 15 1. A complete on-site sewage treatment system including plumbing fixtures , two sealed sewage tanks and drainfield designed, constructed and maintained in full conformance with the On-Site Sewage Treatment Code is required on all properties in the "RS" District as follows: (a) Serving all structures containing a principa 1 dwe l ling. (b) Serving all properties containing two (2) or more dwellings pursuant to a private guest cabin conditional use permit. (c) Serving a 11 seasona 1 dwe 11 ings over 800 square feet in floor area. 2. Serving all dwellings , buildings or structures containing a water-activated toilet regardless of the type or duration of use or occupancy. 3. Any dwelling, building or structure having running water plumbed inside to any sink, lavatory, tub, shower, or any other plumbing fixture, but not a toilet, shall have a conforming grey-water disposal system including a septic tank and drainfield connected to such fixture drain(s). 4. Any existing dwelling, building, or structure required by one or more of the above Items to be connected to an on-site sewage treatment system, but which is not so connected as of the effective date of this Subdivision, or which has an existing system that does not conform to minimum setbacks or other requirements of the "RS" Zoning District, shall have a new conforming on-site sewage treatment system installed within one year of notification that a non-conformity exists, but in any case not later than 2 years after the effective date of this subdivision. 5. All other provisions of this Subdivision shall apply to on-site sewage treatment on the Lake Minnetonka Islands , including without limitation the requirement for construction permits , construction inspection, and regular maintenance inspections, including payment of the standard annual service charge. Subd. 8. Administration. A. Administrating Officer. The provisions of this Section shall be administered by the Building and Zoning Department and the Building Official who shall coordinate all permit applica- tions and inspection services. The On-Site Systems Manager shal 1 review and evaluate technical matters including system design and installation as provided herein. B. Inspection Program. For purposes of insuring continued proper use and maintenance of all existing onsite systems, the City shal 1 periodical ly inspect each existing system 16 .r � and shall classify each system as Code, Conforming, or Non- Conforming. 1. Right of Entry: The City Inspector sha 1 1 have the right of entry onto every property in the City, which property includes an on-site system, for purposes of inspecting said system for conformity with the provisions of this Section. Each construction permit issued after adoption of this Section sha 11 extend the right of entry to the City Inspector by exp licit approval of the owner requesting such permit, which approval may be filed in the chain of title for the property. Failure of any party to grant the City access for this purpose shall be grounds to classify any system on the property as Non-Conforming. The City Attorney shall thereafter take such action as is necessary to enable the City to perform the inspection and to enforce all the provisions of this Section, and to assess the cost thereof against the property. 2. Inspection Report. Within thirty (30) days after the inspection of each system by the City, the City shall provide the results of said inspection in writing to the owner of the system, including the classification of the system as to conformance with City requirements and potential for existing or future problems. Notice of non-conforming or failing systems sha 1 1 include orders for maintenance, repairs or replacement, the procedures for obtaining all required permits, the deadline for completion of the construction or pumping and the penalties for failure to comply with the order. 3. Code and Conforming Systems shall be inspected by the City at least once every two years. 4. Owners of Non-Conforming Systems shall be issued orders requiring maintenance, repair, alteration or replace- ment. Systems found to be non-conforming shall be brought up to conforming status per Subdivision 5 (c) within one calendar year from the date of the order. Systems found to be non-conforming due to failure or pollution hazards shall have remedial action required within a reasonable period of time as follows: (a) Sewage tanks requiring pumping sha 11 be pumped within 48 hours. (b) Sewage tanks or systems found to be clogged, overflowing, leeching or otherwise discharging pollutants shall be pumped within 48 hours and thereafter as needed and the system shal 1 be repaired, altered or replaced within 90 days. 5. Systems required to obtain and maintain a MPCA State Disposal System shall meet the requirements of MPCA Rules Chapter 7080.0030. If the State Permit lapses, orders shall be issued to cease use of the system within ten (10) days, such use to be discontinued until reinstatement of the State Permit. 6. Failure to obey a lawful order requiring repair, alteration or replacement of a Non-Conforming System sha 1 1 17 r � be cause for the City to enjoin the owner or occupant from further use of the system. Upon notice, the owner shall have ten ( 10) days to show cause to the City why the property should not be condemned for occupancy according to Minnesota Statutes 463.15 et.seq. C. Annual Service Charge. An annual service charge in the amount prescribed by resolution of the Council shal 1 be paid by the owner of every building connected to an on-site system, such charge for purposes of administering and enforcing the City Inspection Program as provided for herein. A separate charge shall be due for each separate system located on each property. 1. The service charge shall be due 45 days after the billing date. 2 . It shall be the duty of the City Administrator to endeavor to collect all de linquent accounts. 3. Each year the City Administrator shall prepare an assessment roll providing for the assessment of the delinquent accounts against the respective properties as provided in Minnesota Statues 429.061, Subdivision 3, and shall certify same to the County Auditor who sha 11 thereupon enter such amount with the tax levy on said property collectible with the taxes for the next year. D. (Codifier' s Note : Contractor licensing requirements covered in City Code Chapter 5.) Subd. 9. Enforcement; Violation. A. Enforcement. It shall be the duty of the Building Official to enforce the provisions of this Section and to bring to the attention of the prosecuting attorney any violations or lack of compliance herewith. B. Civil Enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of the provisions of this Section to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, or to prevent continued use of a non-conforming on-site system. Subd. 10. Severability. If any provision of these standards or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions of these standards or application of any other part of these standards which can be given effect without application of the invalid provision. To this end the provisions of all sections, subsections, or subdivisions herein and the various applications thereof are declared to be severable. SECTION 5. Effective Date. This ordinance shal 1 be effective upon publication. 18 � r Adopted by the City Council of Orono on this lOth day of February, 1992. � �� � �---_ � , �� or thy M. llin, ity Clerk Barbara A. Peterson, Mayor Publish in the Laker and Pioneer newspaper the week of February 17, 1992. 19 , . � . ORDINANCE NO. 101 , SECOND SERI$S AN ORDINANCE ESTABLISHING REGIILATIONS FOR THE MANAGEMENT OF SHORELANDS The City Counci� of the City of Orono ordains as fo7� �.ows: The municipal code of the City of Orono is amended by adding Ordinance No. 101� Second Series: Section 1. Section 10.56 is hereby added to the Municipa�. Zoning Code as fol��.ows: SECTION 10.56. SHORELAND MANAGEMBNT. Subd. l. Statement of Purpose. The purpose of this section is to promote the pub�.ic heaZth, safety, and genera� weZfare by providing for the wise subdivision, use and devel�opment of shore7�ands abutting public waters that exist within the City's corporate boundaries. The City recognizes that the uncontro� ]�ed use and deve�.opment of shorelands has a negative impact on not on�.y the qua�ity of surface waters, but on the economic, recreational, and natura� environmenta� va7�ues of shorelands and the waters they surround. The specific intent of this section is to: A. Protect the water qua�.ity of Lake Minnetonka and other �.akes within the City by a��owing deve�opment of uses in the shore�and areas which are compatib7�e with Orono's Comprehensive Land Use Management P�an. B,. Provide appropriate standards for deve�.opment which wi��, minimize the impact of shore�and development on the water quaZity and the economic, aesthetic, and natura� environment vaZues of Orono' s l.akes. Subd. 2. Statutory Authorization. This shore�and ordinance is adopted pursuant to the authorization and po7.icies contained in Minnesota Statutes, Chapter 105 , Minnesota Regulations, Parts 6120.2500-6120.3900, and the p�anning and zoning enab]�ing �egis�ation in Minnesota Statutes, Chapter 462. Subd. 3. Definitions. Unless specifical �y defined be�ow, words or phrases used in this section shal� be interpreted as defined e�sewhere in this chapter. A�� other words or phrases sha�� be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonab�.e app7�ication. For the purpose of this section, the words "must" and "sha� �. " are mandatory and not permissive. A1 Z distances, un�.ess otherwise specified , sha� � be measured horizonta��y. 1. "Anima]. Feed�.ot" - A �ot or bui�.ding or combination of �ots and bui�dings intended for the confined feeding, breeding, raising or ho�ding of anima�s and specifica��.y designed as a confinement area in which manure may accumulate, or where the concentration of anima�s is such that a vegetative cover cannot be maintained within the enc�osure. For purpose of this 1 � • , ' Code, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered as animal feedlots. Pastures shall not be considered as animal feedlots when the area enclosed as pasture is equal to or greater than 1. 0 acre per animal unit. 2. "Bluff" - A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18$ over a distance of 50' or more shal 1 not be considered part of the bluff): A. Part or all of the feature is located in a shoreland area; B. The slope rises at least 25' above the Ordinary High Water Level of the water body; C. The grade of the s 1 ope f rom the toe of the bluff to a point 25' or more above the Ordinary High Water Level averages 30$ or greater; and D. The slope must drain toward the water body. "Toe of the bluff" means the lower point of a 50' segment with an average slope exceeding 18$. "Top of the bluff" means the higher point of a 50' segment with an average slope exceeding 18$. 3. "Bluff Impact Zone" - A bluff and land located within 20 ' from the top of a bluff. 4. "Commercial Use" - The principal use of the land and/or buildings for the sale, lease, rental or trade of products, goods, and services. 5. "Deck" - A horizontal, unenclosed platform with or without attached railings, seats, trel lises, or other features, attached or functionally related to a principal use or site. 6. "Duplex, Triplex, Quad" - A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities. 7. "Dwelling Site, Transient" - A designated location for temporary or transient residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 8. "Dwel ling Site" - A designated location where a dwelling unit is intended to be constructed. 9. "Dwelling Unit" - A building or a portion of a building designed or intended to be occupied exclusively for residential purposes, including provisions for sleeping, eating, � cooking and sanitation for not more than one family, but � not 2 . including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, recreational vehicles, nor lodging rooms. 10. "Extractive Use" - The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes Sections 93.44 - 93.51. 11. "Forest Land Conversion" - The clear cutting of f orested lands to prepare for a new land use other than re- establishment of a subsequent forest stand. 12. "Industrial Use" - The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. 13. "Intensive Vegetation Clearing" - The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. 14. "Ordinary High Water Level (OHWL) " - The boundary of public waters and wetlands, and shal 1 be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial . For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. The designated OHWL has been determined by the Minnesota Department of Natural Resources for certain water bodies as shown in Subdivision 7 of this section. 15. "Planned Unit Development (PUD)" - A type of development characterized by a unified site design for a number of residential dwelling units or non-residential sites on a parcel, whether for sale, rent, or lease, often involving clustering of units or sites to provide areas of common open space or a mixture of structure types and land uses. Two types of PUD are provided f or in the zoning code: A. "Planned Residential Development (PRD)" - The nature of allowed uses is non-transient residential, including attached and detached single family or multiple family dwellings, subject to the limitations provided for in each zoning district. B. "Planned Unit Development (PUD) - Highway 12 Corridor" - The nature of allowed uses may include residential, commercial, institutional, public and semi-public uses as set forth in Orono's Comprehensive Plan Amendment No. 2, and it is limited to areas within the Highway 12 Corridor as defined in said amendment. The Highway 12 PUD offers a mixture of land uses, housing types and densities. Note: No properties which could be developed via the Highway 12 PUD are within the Shoreland Overlay District. ' 3 { l 16. "Public Use" - The use of land by the general public or by a public agency on behalf of the general public, for any purpose. 17. "Public Waters" - Any waters as defined in Minnesota Statutes Section 105.37, Subdivisions 14 and 15. 18. "Semi-public Use" - The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside their regular constituency of the organization. 19. "Sensitive Resource Management" - The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurence of flora or fauna in need of special protection. 20. "Sewage Treatment System" - Septic tanks and a soil absorption system or other type of on-site sewage treatment system as described in Section 12.30 of the municipal code. 21. "Sewer System" - Pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances , or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 22. "Shore Impact Zone" - Land located between the Ordinary High Water level of a public water and a line parallel to it at a setback of 50� of the structure setback. 23. "Shore Setback Zone" - Land located between the Ordinary High Water Level of a Public Water and a line parallel to it at the structure setback. 24. "Shoreland" - Land located within the following distances from public waters: 1,000' from the Ordinary High Water level of a lake, pond, or flowage; and 300' from a river or stream, or the landward extent of a f lood plain designated by ordinance on a river or stream, whichever is greater. Where topographic divides occur at lesser distances from the involved water, the limits of shoreland have been modified per the official map entitled Shoreland Overlay District on file at the City offices. 25. "Significant Historic Site" - Any archaeological site, standing structure, or other property that meets the criteria f or eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minne�sota 4 Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 26. "Steep Slope" - Lands having average slopes of 18� or greater as measured over horizontal distances of 50' or more, that are not bluff s. 27. "Surface Water-Oriented Commercial Use" - The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. 28. "Variance" - Variance shall mean the same as that term is defined or described in Minnesota Statutes Chapter 462. 24. "Water-Oriented Accessory Structure or Facility" - A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 25. "Wetland" - Shall have the same meaning as defined in Section 10.55 of the zoning code. Subd. 4. Jurisdiction. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Subdivision 7 of this ordinance. Subd. 5. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, �ype and location of structures on lots; the instal lation and maintenance of water supply and waste treatment systems, the grading and fil ling of any shoreland areas; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations. Subd. 6. Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Subdivision 10 of this section. Subd. 7. Classification of Public Waters. The public waters of the City of Orono have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin Coui�ty, 5 Minnesota: Protected Waters A. Natural Environment (NE) Lakes OHWL Inventory I.D. # Lake Classen 974.5 ' 162-P Dickey Lake 985.5 ' 161-W � French Lake 140-P North Basin: 930. 5' Sewage Lagoon: 934.3 ' South Basin: 930.0 ' Lydiard Lake 970. 9 159-P Lake Ratrina -- 154-P Wolsfeld Lake (Medina) -- 157-P Protected Waters B. Recreational Development (RD) Lakes OHWL Inventory I.D. � Long Lake 944. 3 ' 160-P Mooney Lake 988.0 ' 134-P Tanager Lake 929. 4' 141-P Hadley Lake (Plymouth) 961. 4 ' 109-P Protected Waters G General Development (GD) Lakes OHWL Inventor_y_ I.D. # Forest Lake 929. 4' 139-P Lake Minnetonka 929. 4 ' 133-P D. Tributary Streams Painters Creek Stubbs Bay Creek Long Lake Creek Wolsfeld Creek Dickey Lake Creek Subd. 8. Establishment of Shoreland Overlay District. The Shoreland Overlay District is hereby defined and established to include the f ollowing lands within the City of Orono: A. All lands within 1000' of the Ordinary High Water level of the lakes classified Natural Environment, Recreational Development, and General Development in Subdivision 7 of this section. The Shoreland Overlay District includes lands within Orono that are located within 1000' of lakes located in adjacent cities, namely Hadley Lake in the city of Plymouth and Wolsfeld Lake in the city of Medina. B. All lands within 300' of the Ordinary High Water level of the watercourses classified as tributary streams in Subdivision 7 of this section. Where the flood plain of said tributary streams as defined in Section 10.55 or as defined e l�sewhere in the Orono Zoning Code extend s f urther than 3 0 0' f rom the Ordinary High Water level, the boundary of the Shoreland Overlay District shall be extended to include those areas designated as f lood plain. Subd. 9. Interpretation of District Boundaries. In their interpretation and application, the provisions of this 6 3 section shall be held to be minimum requirements and shall be liberal ly construed in favor of the City and shal 1 not be deemed a limitation or repeal of any other powers granted by State Statutes. The boundaries of the Shoreland Overlay District shall be determined by scaling distances on the official map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official map, the City Engineer shall make necessary interpretation based on the Ordinary High Water level. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the City and to submit technical evidence if he so desires. Subd. 10. 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, instal lation or alteration of sewage treatment systems, grading and fil ling activities, and other activities as regulated elsewhere in the City of Orono Municipal Code. Subd. 11. Certificate of Zoning Compliance. The Zoning Administrator shall issue a Certificate of Zoning Compliance for each activity requiring a permit as specified in Subdivision 10 of this section. This Certificate will specify that the use of land conf orms to the requirements of thi s ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Subdivision 6 of this section. Subd. 12. Variances. Variances may only be granted in accordance with Minnesota Statutes Chapter 462 and as otherwise regulated in the zoning chapter. When a variance is approved after the Department of Natural Resources has formal ly recommended denial in the hearing record, the notification of the approved variance required elsewhere in this section shal 1 also include the Planning Commission and City Council ' s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. Subd. 13. Conditional Uses. Conditional uses al lowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established in the zoning chapter. The fol lowing additional evaluation criteria and conditions apply within the Shoreland Overlay District: A. Evaluation Criteria. A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure: 1. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; 2. The visibility of structures and other facilities as viewed from public waters is limited; � 7 3. The site is adequate for water supply and on-site sewage treatment; and 4. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accomodate these watercraft. B. Conditions Attached to Conditional Use Permits. The City Council upon consideration of the criteria listed above and the purposes of this ordinance, shal 1 attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include but are not limited to the following: l. Increased setbacks from the Ordinary High Water Level; 2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; 3. Special provisions for the locations, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. Subd. 14. Notifications to the Department of Natural Resources. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources and postmarked at least 10 days before the hearings . Notices of hearing to consider proposed subdivisions/plats must include copies of the subdivision/plat. Upon final action by the City Council , a copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources and postmarked within 10 days of final action. Subd. 15. Zoning District Compliance with Minimum Requirements. The zoning district standards of Chapter 10 of the Orono Municipal Code 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. The following City of Orono zoning districts are partially or fully located within the Shoreland Overlay District: LR-lA RR-lA B-1 LR-1B RR-1B B-2 LR-1C RR-1B-1 B-3 LR-1C-1 RS B-4 B-5 The following Orono zoning districts are also potentially 8 available for use within the shoreland areas: B-6 R-1B PUD R-lA Any future changes within the zoning districts listed above shall meet the DNR regulations effective 7-3-89. Subd. 16. Shoreland Overlay District Standards. The Shoreland Overlay District Standards are in addition to the requirements set forth in Chapter 10 for the various zoning districts. In case of conf lict, the most restrictive provision applies. A. Minimum Lot Area/Lot Width Standards. Minimum Iot area and lot width standards of the underlying zoning district shall apply, with the following exceptions: 1. No lot within 1000 feet of a General Development Lake and approved for duplex use per Section 10.20, Subd. 3 (5) 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 non-riparian. 2. No lot within 300 ' of a tributary and approved for duplex use per Section 10.20 , Subd. 3 (I ) shall be less than 150 feet in width when no sewer is available, nor less than 115 feet in width when sewer is available. B. Lakeshore Access Lots. Lots intended as accesses to public waters or as recreation areas f or use by owners of non-riparian lots within subdivisions are permissible and must meet the f ol lowing minimum standards: 1. Any such lakeshore access lot shall be designated as an outlot, and shall not be considered as a buildable residential lot. 2. Such an outlot shall not be subject to minimum lot area or width standards, except that the number of inland non-riparian lots which may gain access via such outlot shal 1 not exceed the number obtained by dividing the outlot width measured at the shoreline by the required zoning district lot width, rounded down to the nearest whole number. 3. Such outlot shal 1 be jointly owned by all owners of non-riparian lots in the subdivision who are provided riparian access rights on the access outlot. 4. No such access outlot shall be created as part of a subdivision plat except when the building lots within the subdivision are separated by an existing public or private roadway from the lakeshore, and the land on either side of the roadway was in common ownership as of the effective date of this ordinance. 9 5. Covenants or other equally effective Iegal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft Iaunching, loading, storage, beaching, mooring, or docking. They can also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non- significant conf lict activities include swimming, sunbathing, or picnicing. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings , and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. Such covenants are subject to City approval. C. Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as f ollows: l. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level: Setbacks Public Water Structures Sewage Treatment Classification Unsewered Sewered System NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 2. Additional structure setbacks. The f ollowing additional structure setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) - Top of bluff 30 - Unplatted cemetery 50 - Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for detached garages on lakeshore lots as regulated in Section 10.03, Subd. 9 (D) and except f or structures subject to less restrictive "side yard adjacent to street" setbacks as regulated in the various zoning districts. � 3. Bluff impact zones. Structures ' and 10 accessory facilities, except stairways, landings, and lock boxes, must not be placed within bluff impact zones. 4. Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if Iocated 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 shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per Subdivision 16 (F) of this section. Retaining wal ls shall not be p laced within the shore setback zone. 6. Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots, except that this does not apply to stairways, lifts, landings, and lockboxes. Further, the average lakeshore setback shal 1 app�.y only to classified lakes, and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent Iakeshore lots. D. Minimum Lowest Floor Elevations. All structures located within the Shoreland Overlay District which are subject to the f lood plain regulations of Section 10.55 of this ordinance shall be placed at an elevation consistent with the requirements of that section. The regulatory flood protection elevation shal 1 be established as set forth in Section 10.55, Subd. 7 of this code. All structures constructed within the Shoreland Overlay District shall have their lowest floor, including basement, placed at an elevation no lower than the regulatory flood protection elevation. Where the regulatory f lood plain elevation cannot reasonably be determined, the minimum elevation at which the lowest f loor, including basement, may be placed shal l be determined as f ollows: 1. For lakes, by placing the lowest f loor at a level at least 3 feet above the highest known water level, or 3 feet above the Ordinary High Water Level, whichever is higher. 2. For rivers and streams, by placing the lowest floor at Ieast 3 feet above the flood of record. E. Water-oriented Accessory Structures. The only water-oriented accessory structure allowed to be located nearer the Ordinary High Water Level than the normal structure setback as specified in this section shall be a lock box no greater than 20 square feet in area and no higher than 48 inches in height. Such a structure requires a building permit from the City. ' 11 F. Stairways, Lifts and Landings. 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, lif ts and landings shall be allowed in the shore setback zone and must meet the f ollowing design requirements: 1. Stairways and lifts must not exceed 4 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 shal 1 be allowed provided that the dimensional and performance standards of subitems 1 - 5 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. G. Steep Slopes. Any applicant requesting a permit for construction of sewage treatment systems, roads, driveways, structures, 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. When determined necessary, conditions shall be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, vehicles, and other facilities as viewed f rom the surface of public waters, assuming summer, leaf-on vegetation. H. Height of Structures. No structure within the Shoreland Overlay District shall exceed the height limitations set forth in the standards for the underlying zoning district. I. Vegetation Alterations. l. No live tree within 75 feet of ' the 12 shoreline with a diameter of 6 inches or more (or 19 inches in circumference or greater) measured 3 feet above the ground may be removed without first obtaining a permit from the City staff 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. Appeals of staff determinations as to type, size and quality of the trees to be replaced will be to the Council. Removal of trees that are dead shall not require a permit but such trees must be inspected by City staff prior to their removal. 2. Intensive vegetation clearing within 75 feet of the shoreline and on steep slopes within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 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 accomodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted Iock boxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. J. Topographic Alterations/Grading and Filling. 1. Grading and filling and excavations necessary f or the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this section. 2. Grading, filling and excavating is prohibited within 75' of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. 3. Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75' of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shal 1 take into account the following considerations: a. Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. b. 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. 13 4. Except for those projects requiring permits for construction of structures, sewage treatment systems, and driveways, a land alteration permit will be required as follows: a. For movement of 1-100 cubic yards of material anywhere within the Shoreland Overlay District, a staff issued land alteration permit shall be required. b. For movement of more than 100 cubic yards of material anywhere within the Shoreland Overlay District, conditional use permit approval by the City Council is required in addition to the required land alteration permit. 5 . The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: a. Grading or filling in any Type 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: (1) Sediment and pollutant trapping and retention; (2) Storage of surf ace run-of f to prevent or reduce flood damage; (3) Fish and wildlife habitat; (4) Recreational use; (5) Shoreline or bank stabilization; (6) Noteworthiness, including spe- cial 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 local State or Federal agencies including but not limited to watershed districts, Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. b. 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; c. Mulches or similar materials must be used, where necessary, f or temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; 14 e. 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 Soil Conservation Service; f. Fi 11 or excavated material must not be placed in a manner that creates an unstable slope; g. Plans to place fill or excavated material on steep slopes must be reviewed by the City Engineer for continued s 1 ope stabi 1 ity and must not create f ini shed s 1 opes of 30$ or greater; h. Fill or excavated material must not be placed in bluff impact zones; i. 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 Minnesota Statutes, Seciton 105. 42; j. Alterations of topography must only be al lowed if they are accessory to permitted or conditional uses and do not adversely aff ect adjacent or nearby property; k. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 f eet hori zonta 1 to 1 f oot verti ca 1 , the 1 andward extent of the rip rap is within 10 feet of the Ordinary High Water Level , and the height of the rip rap above the Ordinary High Water Level does not exceed 3 feet. A rip rap permit shall be obtained per the requirements of Section 10.03, Subdivisions 22, 23 and 24 of this zoning code. 6. Connections to Public Waters. 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. R. Storm Water Management. The following general . and specific standards shall apply in addition to those standards found in Sections 10.55 and 11.41 of the Orono Municipal Code: 1 . When possible , existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter and retain storm water run-off bef ore discharge to public waters. 2. A development must be planned and conducted in a manner that will minimize the extent of disturbed areas, run-off velocities, erosion potential, and reduce and delay 15 run-off volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. 3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water run-off using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. 4. When constructed f acilities are used to perf orm water management, documentation must be provided by a registered professional civil engineer that they are designed and instal led consistent with the fie�d office technical guide of the local soil and water conservation district. 5. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surf ace debri s bef ore di scharge. L. Hardcover Limitations. 1. No hardcover or impervious surface shall be placed, located, or constructed within 75 feet of the Ordinary High Water Level of any lake or tributary, except for stairways, lifts, landings, and lockboxes as regulated elsewhere in the Municipal Code. 2. Between 7 5 f eet and 2 5 0 f eet of the OHWL there shal 1 be no greater than 25� hardcover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30$ hardcover. Between 500 feet and 1000 feet of the OHWL there sha� l be no greater than 35� hardcover. M. Standards for Commercial , Public, and Semi- Public Uses. 1. Surface water-oriented commercia� uses and public or semi-public 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: a. In addition to meeting impervious coverage (hardcover) limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. b. Uses that require short-term watercraft mooring for patrons must centralize these facilities. and 16 design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. c. 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 f ollowing general standards: ( 1 ) 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. (2 ) Signs may be placed, when necessary, within the shore 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 genera� 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 10 feet above the ground, and must not exceed 32 square feet in size. If il luminated by artificial lights, the lights must be shielded or directed to prevent il lumination out across public waters. (3) The aggregate square f ootage of sign space per property sha7�1 not exceed the �imitations on sign square f ootage as regulated in Section 10. 61. ( 4 ) Non- sign re � ated outside lighting may be located within the lakeshore setback zone or over pub�.ic waters only if it is used primarily to il luminate potential safety hazards and is shielded or otherwise directed to prevent direct il�.umination out across pub�.ic waters. This does not preclude use of navigationa� 7.ights. 2. Uses without water-oriented needs must be located on lots or parcels without pub�ic 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. N. Agricultura� Use Standards. 1. 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 setback zone nor on steep slopes or bluff impact zones. Steep slopes, shore setback zone and bluff impact zones shall be maintained in permanent vegetation. 2. Animal feedlots must meet the fol�owing standards: . 17 a. New feedlots, if permitted, must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the Ordinary High Water Level of a�1 public waters basins; and b. Modifications or expansions to existing feedxots that are Iocated within 300 feet of the Ordinary High Water Level or within a bluff impact zone are a�lowed if they do not further encroach into the existing Ordinary High Water Level setback or encroach on bluff impact zones. 0. Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Non-Point Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota". P. Extractive Use Standards. 1. Site Development and Restoration P�an. An extractive use site development and restoration p�.an 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 a�so identify actions to be taken during operation to mitigate adverse environmental impacts, particular�y erosion, and must clearly exp�ain how the site wi�� be rehabilitated after extractive activities end. 2. Setbacks for Processing Machinery. Processing machinery must be �.ocated consistent with setback standards for structures f rom Ordinary High Water Levels of pub�ic waters and f rom bluf f s. Q. Water Supply. Any public or private supp�.y of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. R. Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment per Municipal Code Section 12.30. On-site sewage treatment systems must be setback from the Ordinary High Water Level in accordance with the setbacks contained in Section 10.56, Subdivision 16 (C). Non-conforming sewage treatment systems sha�l be regulated and upgraded in accordance with Subd. 17 of this ordinance. S. Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. 18 Subd. 17. Nonconformities. All legally estab�ished nonconformities as of the date of this ordinance may continue subject to applicab]�e State Statutes and as regulated elsewhere in the Orono Municipal Code. In shoreland areas, the fo� lowing standards shall also app�y: A. Construction on Nonconf orming Lots of Record. Development or use of existing lots of record shal 1 be regulated as set forth in Section 10. 03, Subdivision 6 of the Orono Zoning Code. B. Additions/Expansions to Nonconforming Structures. A1�. additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements set forth in the Orono Zoning Code. Any deviation from these requirements must be authorized by a variance pursuant to provisions of the zoning chapter. C. Nonconforming Sewage Treatment Systems. A nonconforming sewage treatment system as defined in Section 12.30 and located within the Shoreland Over]�ay District must be upgraded and made conf orming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. Further, the nonconforming sewage treatment system provisions of Section 12.30 sha�.l app�y to a��. shore�and areas. Subd. 18. Subdivision/Platting Provisions. A. Land Suitabi�ity. Each lot created through subdivision, inc�uding Planned Unit Deve7�opments or Planned Residential Developments authorized e�.sewhere in the Zoning and Platting Codes, must be suitable in its natura� state for the proposed use with minimal alteration. In anaZyzing the suitabi�ity of �and f or a specific use, the City shal 1 consider susceptibi�ity to f looding, existence of wetlands, soi�. and rock formations with severe limitations for deve�opment, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabi�.ities, near-shore aquatic conditions unsuitab�e f or water- based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other f eature of the natural land J�ikely to be harmful to the hea�th, safety or we�fare of future residents of the proposed subdivision or of the community. B. Consistency with Other Controls. Subdivisions sha�1 conf orm to a 11 of f i cia�. control s of the City of Orono. Subdivision will not be approved where a �ater variance from one or more standards in the official controls wou�d be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision wil� not be approved unless adequate and conforming water supply and sewage treatment systems can be provided for each lot in conformance with Section 12.3 0 of the Muni cipa 1 Code. Each 1 ot sha�1 meet the minimum 1 ot size and dimensional requirements set forth elsewhere in the Code, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soi� treatment systems. Lots that wou�d require use of hol.ding 19 tanks must not be approved. C. Information Requirements . Sufficient information must be submitted by the applicant for the City to make a determination of land suitability. In addition to information . required by other provisions of the Zoning and Platting Codes, the following information sha�� also be submitted: 1. Topographic contours at 2 foot interva�s showing limiting site characteristics. 2. The surface water features required in Minnesota Statutes Section 505.02, Subdivision 1, to be shown on p�.ats, obtained from United States GeoJ�ogical Survey quadrangle topographic maps or more accurate sources. 3. Adequate soi�s inf ormation to determine suitabi�ity for bui�ding and on-site sewage treatment capabilities for every �ot f rom the most current existing sources or from fie�d investigations such as soil borings, percolation tests, or other methods. 4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling storm water run-off and erosion, both during and after construction activities. 5. Location of 100 year f�ood p�ain areas and f�oodway districts f rom existing adopted maps or data. 6. A �.ine or contour representing the Ordinary High Water Leve�. , the toe and the top of bluffs, and the minimum building setback distances from the top of the b�uff and the lake or stream. D. Dedications. When a �.and or easement dedication is a condition of subdivision approval , the approva� must provide easements over natura� drainage or ponding areas for management of storm water and significant wet�ands, as regu�ated in Section 10. 55 of the zoning code. E. Lakeshore Access Lots. Lots intended as accesses to public waters or as recreationa� areas for use by owners of non-riparian lots within a subdivision must meet or exceed the minimum standards set forth in Subdivision 16 of this section. Subd. 19. PRD/PUD Standards. A. Types of Allowed Planned Developments. Residential P�anned Unit Deve�opments ("Planned Residential Develop�ments" or "PRDs") are allowed in the Shoreland Over�ay District for new projects on undeveloped land, redeve�.opment of 20 � previously built sites, or conversions of existing buildings and �and. Land use districts in which they are an allowab�e use are identified in the individual zoning district descriptions in the zoning chapter. The fo�lowing exclusion app�ies: 1. Rezoning to M-6 and development via the M- 6 PRD shall not be allowed within the Shore�.and Over�ay District. B. Commercia� PUDs. Commercial Planned Unit Developments are �.imited to land within the Highway 12 corridor as set forth in the City of Orono Comprehensive Plan Amendment No. 2 adopted May 23, 1988. The following further restriction sha�. l apply: 1. No land located within the Shore�.and Over�ay District sha�� be developed via a commercia�. PUD. Any proposed amendment to the zoning code which would al�ow commerciaZ PUD development within the Shore�and Overlay District sha�.l be subject to review by the Department of Natural Resources to ensure consistency with DNR requirements for shore�and areas. C. Processing of Residential P�anned Unit Developments. Residentia� P�anned Unit Developments (PRDs) sha�l be processed as a conditiona� use permit as required by the individua� zoning district standards. D. App�ication for a PJ�anned Residential Deve 1 opment. The app 1 i cant f or a PRD must submit the f ol l owing documents, in addition to the information required in Section 10.32, prior to fina�. action being taken on the app�ication request: 1. A site p�an and/or p�at for the project showing locations of property boundaries, surface water features, existing and proposed structures and other faci�ities, �.and alterations, sewage treatment and water supply systems (where pub�ic systems will not be provided), and topographic contours at 2 foot interva�s. 2. Property owners association agreement with mandatory membership, in accordance with the requirements of this ordinance. 3. Deed restrictions, covenants, permanent easements or other instruments that: a) Proper�y address f uture vegetative and topographic alterations, construction of additional buildings, and beaching of watercraft; b) Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in this ordinance. 4. Those additional documents as requested by 21 the City of Orono that are necessary to explain how the PRD wi�� be designed and wi�� function. E. Site "Suitable Area" Eva7�uation. Proposed new or expansions to existing PRDs must be eva�uated using the f ol�.owing procedures and standards to determine the suitable area for the dwell�ing unit/dwe�.ling site density evaluation. 1. The project parcel must be divided into tiers by locating one or more �ines approximately para�le� to a line that identifies the Ordinary High Water Level at the fol�owing interva�s, proceeding �andward: Shoreland Tier Dimensions � Unsewered Sewered (feet) (feet) Genera� development �akes- first tier 200 200 Genera� development lakes- second and additionaZ tiers 267 200 Recreationa� development �akes 267 267 Natural environment lakes 400 320 Tributaries 300 300 2. The suitab�e area within each tier is next calcu]�ated by excluding from the tier area all wet�ands, bluffs or land below the Ordinary High Water Level of pub�ic waters. This suitab]�e area and the proposed project are then subjected to the PRD density eva�uation steps to arrive at an a� �owable number of dwe�ling units or sites. F. PRD 'A� �.owab�e Density' Eva�.uation. The procedures for determining the a�lowable density of a PRD is as follows: 1. The suitab�.e area within each tier is divided by the sing�e residentia� lot size standard of the under�ying zoning district, yielding the a�. �owable number of dwe�ling units or sites for each tier (Fractions shal� be rounded down to the nearest whole number, but may be transferred as noted be�ow) . 2. A�lowable densities or numbers of units or excess fractions of units may be transferred from any tier to any other tier further from the water body, but must not be transferred to any other tier closer. 3. No density increases based on increased setbacks or other factors wi7�l be allowed. G. Maintenance and Administration Requirements. l. Before fina� approva� of a PRD, adeq.uate 22 provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and _ functioning of the deve�opment. 2 . Open Space Preservation. Deed restrictions, covenants, permanent easements, pub�ic dedication and acceptance or other equal�y effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include a� � of the fo� lowing protections: a. Commercial uses prohibited. b . Vegetation and topographic aJ�terations other than routine maintenance prohibited. c. Construction of additional bui�.dings or storage of vehicles and other materials prohibited. d. Uncontro��ed beaching of watercraf t prohibited. 3. Development, organization and functioning. Unless an equa��y effective alternative community framework is estab�.ished, when app�icable, a7�1 PRD's must use an owners association with the following features: a. Membership must be mandatory f or each dwe��.ing unit or site purchaser and any successive purchasers. b. Each member must pay a pro rata share of the Association's expenses, and unpaid assessments can become �iens on units or sites. c. Assessments must be adjustable to accomodate changing conditions. d. The Association must be responsib�e for insurance, taxes, and maintenance of aZl commonly owned property and facilities. H. Open Space Requirements. PRD's must contain open space meeting aZ� of the fo��owing criteria: 1. At least 50$ of the tota� project area must be preserved as open space. 2. The following items sha�� not be included in the computation of minimum open space: a. Dwe��ing units or sites. b. Road rights-of-way. c. Land covered by road surfaces. , 23 d. Parking areas. e. Structures. f. Commercial faci�ities or uses. 3. The fo�lowing items sha�l be included in the computation of minimum open space: a. Wetlands. b. Significant historic sites. c. Unplatted cemeteries. d . Other areas with physica � characteristics unsuitab�e for deve�.opment in their natura� state. e. The �akeshore setback zone, based on normal required structure setbacks, must be included as open space. For PRDs, the entire lakeshore setback zone must be preserved in its natural or existing state, except for those improvements necessary to provide reasonab�.e pedestrian access to the water body as regu�ated e�sewhere in the zoning code. 4. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems. 5. The appearance of open space areas, inc�.uding topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, pub�ic dedication and acceptance, or other equa�ly effective and permanent means. I. Erosion Contro� and Stormwater Management. Erosion contro� and stormwater management p�ans must be developed and the PRD must: 1. Be designed and the construction managed to minimize the �ikelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment faci�ities, vegetated buffered strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion contro�. plans approved by the Minnehaha Creek Watershed District may be required if project size and site physica � characteristics warrant; and 2. Be designed and constructed to effective�y manage reasonab�y expected quantities and qua�ities of storm water run-off. Impervious surface coverage within any tier must not exceed 25$ of the tier area except that credit for unused hardcover 24 a��owance in tiers near the lake may be used in tiers further from the �ake. J. Centra�ization and Design of Facilities. Centra�ization and design of faci�ities and structures must be done according to the fol�owing standards: 1. PRD's must be connected to pub�ic�y owned water supply and sewer systems, if avai�ab�.e. On-site water supply and sewage treatment systems must be centralized and designed and instal�ed to meet or exceed applicab�.e standards or ru�.es of the Minnesota Department of Health, the Minnesota Pol�ution Control Agency, and as regu�ated elsewhere in this ordinance. On-site sewage treatment systems must be �ocated on the most suitab�e areas of the deve�opment, and sufficient lawn area free of �imiting factors must be provided for a replacement soil treatment system f or each sewage system. 2. Dwe��ing units or sites must be clustered into one or more groups and located on suitable areas of the deve�iopment. They must be designed and �ocated to meet or exceed the fo��owing dimensiona� standards for the re�evant shoreland classification: a. Setback from the Ordinary High Water Leve�.. b. E7�evation above the surface water features. c. Maximum height. 3. Shore recreation facilities inc].uding but not �imited to swimming areas, docks and watercraft mooring areas, must be centralized and �ocated in an area suitab�e for them. Eva�uation of suitabil�ity must inc�ude consideration of �and s�ope, water depth, vegetation, soils, depth to ground water and bedrock or other re�.evant factors. The number of dwe�.�ing units or sites which may be granted �ake access sha7.� not exceed the number of riparian dwe��ing units or sites which cou�d be created under a standard subdivision. The a�.lowable number of dock s�.ips or moorings and the designation of which dwe�ling units or sites sha��. have the right to use those s�.ips or moorings shal� be subject to Council approval and sha�.� be defined in the covenants governing the PRD. In no case sha� l the nu�nber of s�ips or moorings exceed the number al�.owed under the official controls of the Lake Minnetonka Conservation District. All docks serving three or more dwelling units shall be subject to the Joint Use Dock Licensing requirements in Chapter 5 of the Orono Municipal Code. 4. Structures. Parking areas and other facilities must be treated to reduce visibi�ity as viewed f rom public waters and adjacent shore�ands by vegetation, topogra�hy, increased setbacks, color, or other means acceptable to the City, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be 25 provided. 5. Accessory structures and faci�ities must meet the required principa� structure setback and must be centralized, except for those pedestrian access and equipment storage structures allowed e�sewhere in this code. R. Conversion. Existing resorts or other Iand uses and may be converted to P�anned Residentia� Developments if a�� of the fo�lowing standards are met: 1. Proposed conversions must be initia�. �y evaluated using the same procedures for PRD's invo�ving a�� new construction. Inconsistencies between existing features of the development and these standards must be identified. 2. Deficiencies invo7�ving water supp�.y and sewage treatment, impervious coverage, open space, and shore recreation faci�ities must be corrected as part of the conversion or as specified in the conditiona�. use permit. 3. Shore setback zone and b�uff impac.t zone deficiencies must be evaluated and reasonable improvements be made as part of the conversion. These improvements must include where applicable the following: a. Remova� of extraneous bui�dings, docks, or other facilities that no �onger need to be �ocated in shore setback zone or b�.uff impact zone. b. Remedial measures to correct erosion sites and improve vegetative cover and screening of bui�.dings and other faci�ities as viewed from the water. c. If existing dwe� I�ing units are located in the shore setback zone or b�uff impact zone, conditions shal�. be attached to approva].s of conversions that prec�ude exterior expansions in any dimension or substantia� a�.terations. The conditions must a�so provide for future re�ocation of dwe��ing units, where feasib�e, to other �.ocations, meeting a�� setback and a]�teration requirements when they are rebuilt or replaced. 4. Existing dwel�ing unit or dwe�. �ing site densities that exceed the standards in Subdivision 19 (F) may be a�lowed to continue but must not be a�lowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to I�imit impacts of high densities by requiring seasona� use, improving vegetative screening, centra�izing shore recreation faci�ities, install�ing new sewage treatment systems, or other means. Subd. 20. Riparian Access and Rights. For properties which as a resu�t of the designation of the OHWL are found to abut the boundary of a �ake, stream, or tributary, no section of this Code sha�.l be construed as ob�igating the City of Orono to approve 26 variances to provisions of the Code prohibiting physical improvements, structures or �and alteration within protected wet7�ands, f�ood p�ain areas or shorelands. Nothing in the Code sha��. be considered as establishing or increasing riparian rights. This section of the Code is intended to regu�ate �and use and estab�ish bui�ding and zoning restrictions only. Subd. 21. Amendments. A�� amendments to this section, inc�uding amendments to the officia�. maps, must be submitted to the Commissioner of the Department of Natura� Resources prior to adoption. Further, amendments to under].ying zoning district standards which may be in conf7�ict with this section must also be submitted to the Commissioner of the Department of Natura� Resources prior to adoption. Section 2. Municipa�. Zoning Code Section 10.02, Definitions, i s hereby revi sed as f ol�.ows: A. Definition 13, "Bui�ding Height", is hereby de�eted and a new definition of "BuiJ.ding Height" inserted in its p�ace, as f oJ�].ows: 13. "Bui]�ding Height" - The vertical distance between the highest adjoining ground �eve� at the bui�ding or ten feet above the �owest ground leveJ., whichever is �ower and the top of the cornice of a f�at roof, or the deck �ine of a mansard roof, or the uppermost point on a round or other arch type roof, or the average height of the highest gab].e of a pitched or hipped roof. Topographic changes which el.evate the adjoining ground leve� above the existing terrain sha7� � not be considered in determining bui�.ding height. B. Definition 43, "Lot Width", is hereby repeal�ed and the following definition inserted in its place: 43. "Lot Width" - The horizontal distance between side lot �.ines measured at the fol�owing �ocations: a. For �ots which do not abut a �ake or tributary, at the rear of the required front yard, measured para�le� to the front J�ot line. b. For �ots which abut a 7�ake or tributary, at the shore�ine measured in a straight line between the points at which the side �ot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight �.ine between the points of intersection of the side �ot �ines with the structure setback �ine. 27 v C. Definition 69 , "Structure", is hereby repea�.ed and the fo��.owing definition inserted in its place: 69. "Structure" - Anything, or part thereof, which is bui�.t, constructed or erected, an edifice or buiJ�ding of any kind, or any piece of work artificiaZ7�y bui7�t up or composed of parts joined together in some definite manner, which requires a location on, be�ow, or above the ground, ].and, or water, or attached to something having a �.ocation on the ground, �and, or water. Section 3. Municipa� Zoning Code Section 10.55, FZood P�ain and Wetl.ands Management, is hereby amended as fo��ows: A. Section 10.55, Subdivision 3, Definition 10. "Ordinary High Water Mark", is hereby repea�ed and the fo�.�owing definition inserted in its p�ace: 10. "Ordinary High Water Leve7� (OHWL ) " - The boundary of pub7�ic waters and wet�ands, and sha7�7. be an e�evation de].ineating the highest water 7.eve1 which has been maintained for a sufficient period of time to J.eave evidence upon the �andscape, common�y that point where the natura� vegetation changes from predominant7.y aquatic to predominant�.y terrestriaJ.. For water courses, the ordinary high water �evel is the e�evation of the top of the bank of the channeJ.. For reservoirs and fJ.owages, the ordinary high water leve� is the operating eZevation of the norma7� summer pool. The designated OHWL has been determined by the Minnesota Department of Natura� Resources f or certain water bodies as indicated in Section 10.56 of the Orono Muncipa� Code. Section 4. Section 11.03, Subdivision Regu�ation Definitions, is hereby revised as fo��ows: A. Section 11.03, Definition 28 "Lot, Width" is hereby deleted and the fo�.J.owing definition inserted in its p�ace: 28. "Lot Width" - The horizonta� distance between side �ot �ines measured at the fo��owing locations: a. For lots which do not abut a lake or tributary, at the rear of the required front yard, measured paral��el to the front lot �ine. b. For ].ots which abut a �ake or tributary, at the shore7.ine measured in a straight line between the points at which the side �ot ]�ines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side �ot lines with the structure setback �ine. 28 B. Section 11.03, Definition 55 "Setback" is hereby de7�eted and the fo�.�owing definition inserted in its place: 55. "Setback" - The minimum horizonta7� distance between a structure, system, or faci�ity and a natural feature, property line, right-of-way �ine, OHWL, structure, system, or other faci�ity. C. Section 11.03, Definition 62 "Structure" is hereby de�.eted and the f o��owing def inition inserted in its p7.ace: 62. "Structure" - Anything, or part thereof, which is built, constructed or erected, an edifice or bui�ding of any kind, or any piece of work artificia�ly built up or composed of parts joined together in some definite manner, which requires a �ocation on, be�ow, or above the ground, �and, or water, or attached to something having a �ocation on the ground, Zand, or water. Section 5. Adoption and Pub�ication. This ordinance shal �. take ef f ect and sha 1 �. be enf orced f rom and af ter the date of its passage and pub�.ication. Adopted by the City CounciJ� of Orono on this 24th day of February, 1992, by a vote of 4 ayes and 0 nays. � �� � - �, Barbara A. Peterson, Mayor � � . orothy M. �in, City C�erk � 29 _� � ORDINANCE NO. 125, THIRD SERIES CITI' OF ORONO HENNEPIN COUNTY, MINNESOTA AN INTERIM ORDINANCE TEMPORARILY NOT PERMITTING SMALL WIND ENERGY CONVERSION SYSTEMS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. DEFINITIONS: The following terms when used in this ordinance shall mean: Wind Energ,y Conversion System or WECS means any device such as a wind charger, windmill, or wind turbine and associated facilities that converts wind energy to electrical energy. Small Wind Energy Conversion System or SWECS means any combination of WECS with a combined nameplate capacity of less than 5,000 kilowatts. Official Controls means ordinances and regulations which control the physical development of the City or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. _ SECTION 2. BACKGROUND: The City adopted City Code Section 78-1379(� which banned SWECS within the City of Orono. On October 23, 2014, the Honorable Philip D. Bush issued an Order(27-CV-14-7419) enjoining the City from enforcing the provisions of City Code Section. 78-1379(� beginning November 24, 2014. There are substantial concerns that without the ability to enforce City Code Section 78-1379(1), the current zoning ordinance provisions do not adequately address issues relating to SWECS, such as the appropriate locations and conditions under which they may be allowed within the City. As a result of the important land use and zoning issues cited above, the City will conduct studies for the purpose of consideration of possible amendments to the City's Official Controls to address the issues concerning SWECS. SECTION 3. INTENT: It is the intent of this ordinance to allow the City of Orono time to complete an evaluation of SWECS and to consider changes in the City's Official Controls necessary to protect the health, safety and welfare and in the interim to preserve the status quo. SECTION 4. TEMPORARY PROHIBITION: Pending the completion of the above referenced study and the adoption of appropriate Official Controls, SWECS are prohibited and the City will not process any applications for the same it receives and City staff is directed to return the same to the applicant. 178852 1 �I SECTION 5. HEARING: The Planning Commission is hereby directed to hold a hearing for the purpose of amending the City's Official Controls regulating SWECS. SECTION 6. EXEMPTIONS: The statutory exemption to this ordinance set forth in Minnesota Statutes § 462.355, Subd. 4 is incorporated herein by reference. SECTION 7. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and shall remain in effect until the date of the adoption of the official controls contemplated hereunder and the repeal of this ordinance or October 27, 2015, whichever occurs first. ADOPTED this 27th day of October, 2014 on a vote of 3 ayes and 0 nays by the City Council of Orono, Minnesota. ATTEST: � - J�� ��' ������ d - � �. .ies° ca I,oftu , Ci ministrator Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of November 1, 2014. 178852 2 SUMMARY OF ORDINANCE NUMBER 129, THIRD SERIES ORDINANCE NO. 128, THIRD SERIES AN ORDINANCE ADOPTING THE 2015 FEE SCHEDULE AND REPEALING ORDINANCE NO. 117, THIRD SERIES NOTICE IS HEREBY GIVEN that on November 24, 2014, Ordinance No.128, Third Series was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS FURTHER GIVEN that because of the lengthy nature of Ordinance No. 128, Third Series, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the Council repeals Ordinance No. 117, Third Series (2014 Fee Schedule) and sets fees for building permit and water meter fees, golf fees, septic permit fees, sewer and water rates, recycling fees, finger printing service and police special service fees to be effective during the calendar year 2015. A printed copy of the 2015 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during the City's regular office hours. APPROVED & ADOPTED for publication by the City Council of the City of Orono, Minnesota this 24th day of November, 2014. ATTE T: � � � ����J�� i�gs. City lerk Lili Tod McMillan, Mayor Published in The Laker and The Pioneer newspapers the week of December 6, 2014. Page 1 of 1 � � ♦. . SIIMMARY ORDINANCS � A SIIMMARY OF ORDINANCE NO. 101 � SECOND SffitIES, ESTABLISHING REGDLATIONS FOR THE MANAG$MSNT OF SHORBI.AI�iDS The Counci� of the City of Orono ordains: A summary text of the above cited ordinance is approved in the fo��owing form: ' This ordinance adds Section 10.56, Shore].and Management, to the Municipa�. Zoning Code. The area within 1,000 feet of the Ordinary High Water Level of designated �akes and within 300 feet of designated tributary streams is estab�ished as the Shoreland Overl.ay District. Designated �akes are cZassified as Genera� Deve�.opment (GD), Recreational� Development (RD), or NaturaJ Environment (NE). Regu�ations for development and use of Zands within the ShoreJ.and Over].ay District are estab]�ished. The ordinance estab�ishes procedures and standards for review of perm�ts, variances, and conditiona� use permits for �.and use activities within the Shoreland Overlay District. The ordinance estab�ishes regu�ations and standards in regards to the fo��.owing: � A. Minimum Lot Area/Lot Width Standards. B. Lakeshore Access Lots. C. Placement of Structures on Lots. D. Minimum Lowest F�oor E�evations. E. Water-Oriented Accessory Structures. F. Stairways, Lifts and Landings. G. Steep S�opes. H. Height of Structures. I. Vegetation A�terations. J. Topographic A�terations/Grading and Fi�.�.ing. R. Storm Water Management. L. Hardcover Limitations. M. Standards for Commercia�, Pub�ic, and Semi-PubJLic Uses. N. Agricultura7. Use Standards. O. Forest Management Standards. P. Extractive Use Standards. Q. Water Supply. R. Sewage Treatment. S. Significant Historic Sites. The ordinance estab�.ishes standards in regards to existing non-conformities. The ordinance estab�ishes specific provisions for subdivisions and P�.anned ResidentiaJ. , Deve�opments within the Shore�.and OverZay District. Certain definitions within the Zoning Code and Subdivision Code are � revised for c7.arity and consistency. , 1 v . ,� 4 " This ordinance shal� be avai�able in fu�� printed text for inspection by any interested party during regu7�ar office hours at � the office of the Orono City Clerk. This ordinance sha� l be effective upon adoption and pub].ication. Dated this 24th day of February, 1992. - ----. �G° .� � Barbara A. Peterson, Mayor i v J . . orothy M. �in, City C�.erk � � � 2 �--- ' ' , a _ � � - - • - y �`� � � i� � , ��_ ' 1 . � : . � � . ; Map �; .�t� a � - � • PLAIN� wK�+ev� � l -�-— � MIDINA . ' -�.. � I � ` `, � '��_I �p, . `� ` �� .�•�.�`�•�-�.:�-�•�-�.-�..•�. ' . � 1,..._� � �.�af �I+ . �� 'i�.�•�.�..t�'��'�.�.' — e� ' iA C� e. �c. �';;��.,. � � �'� %� �� Natural Environment (NE) Lakes OBWI� ..� �� � _ � � ,.� Lake Classen � ( � iRR•18� 974.5 �I �:i i � ► �� . Dickey Lake 985.5' ' Q ����y,,,�. �, _ French Lake � �:���`7 �:: � - -.a: °�, �.,• s PLYMOUfH North Basin: 930.5' Sewage Lagoon: 934.3 • '�.�� :.:t�a �•- � , � � , ��. . � \ ����� �� . South Basin: 930.0' � � - / �� ,�� . ,�y.,�_ �' Lydiard Lake 970_9 . • `�'..j-� ' �. �- .�� a�`- Lake Ratrina �� d � Lt�NG LAKE � � �. ~" � + - -���+ Wolsfeld Lake (Medina) I c ' RA•1A i ' �.� � ' -- , � �_ Y.� ,/lY.'�/.% �m � ' � .t �—� -'� ti � � i/*� • j+• '�`���' ^ �I '� � � � �� ' � c �.,� :�/¢_ � Recreational DeveloDment (RD) Lakes OHWL �' ■�'��I � # � �� .� Lonq Lake 944.3' �I � . '� �` � r�� -� Mooney Lake ggg,p � � ` ' r � ���' � .. � �.�. r�" -�.�-�• Tanager Lake 929.4' .�• - ` i �li�r � ��Y�� '����� �� ��, � Hadley Lake (Plymouth) . 961.4' �S -� ..,.���� �� � � W•• �� = ;' ' " , `� �� � General DeveloDment (GD) Lakes (� : .';� � ' + � RR•1B �� � " Farest Lake 92g q� _�.�� �� , — 1 .��_ �� � ��• ' Lake Minnetonka 92g,q� ''� J s�r � I � � �;S F F � �� �-4 (t \ M�N�'�t� � • _ 'V r � u4TA - � Tributarv Streams L ;' _ _ ;�� _ .� _ _ �i: _ " '�� Y✓AY" Painters Creek f' RR•'!B \ � � , _ - - �� � Stubbs Bay Creek � �� �\ �� j �' � _ � � ' � Long Lake Creek �- � \� ,��: �,�i=�'� Wolsfeld Creek �'i �,w,.� ,�\ _ '`�`,.+� � ��� Dickey Lake Creek ' i •�_, — �.,_ .e..�.� I � ., �� - �- 'a�. :-�.. • ;:\\.;,..�,?. .; . � �. 4. _..rur ' �\� w_ f �% eV � . • . 4 v ,.1. ^i ,� I ; a ivS arE .e�. N �ri\ � �a �-�,� �' � � aJ " - '`� '� � � � Officiai Zoning Map � SHORELAND C7VERLAY DISTRICT V " � , � n �^-� 1 City of Orono, ��nneso� ,�",� `, ► '� _ : ..� R•1A o..�...�.e� � PR96 w..�.���e..� .a... c � MOUND��' `'� � t '�'� "-'�"`-"°'" "' District Boundary �.t : • .p.._ . • ��s ...,.._. � .... " � � � � �'"`�� � `��c ��'w`�`� "` ���\��� Basin W�tlands ' " �.. MINM N A � . v��cid..�,.,......._�._.._ ...... �EAC� � ( �iR4A o..�.....��o�� . ' RS �-• :� • - r�/� `��• G ` / fiR•13 0....�w a,�� ...� ��'r. i�• �-1.��� RR•1H•1o..��,...��r�� .,._ �-���%;-, Included Floodplains �i � . • � ���i,� ��'�•� � ���.:-,�� •. ` uuc£rs�-awce Ft5 ,�......r a.e.. , ta `� � ' • �i�a��� ������j����������� �,,.� ��• t, _ � PR(NG PAR ' r.�'•-•'�•�� s , a�� �._.�� „ "" , . p ' • , � 1, _ � , s2 .�....`� _ --- •, °-� l � e.3 .._.�.�r.. Bd e....�.�.�,�r��a.�� _ _� wRr+t r ` � 8+.3 .��............«...�...«.... • ♦ ����� ,..�,...Y . �y � , I, I ._._._.. . �_� , ` � .,. � , f ��i �. :R���.V, _..r....=_„. .�,.K . , �� . .� �� ` _ � _ �Y� . � � �,.w.rv�`l.:w N.'.fr Cti�wr���n.Fw✓Y.M .,r�. f �,.._.:,....._.:..,, »..... - �....Y - ♦ I �+ �i r.�i_,� ._._.t�. �, .nu N ` •t • ♦ � '�'! ua:.s :��:n ! �' • . �� ' + �, ^,e �LR�IC �w��i;.i.� � . . . ^��......� . ` � , tA�C tJ1��N1 c 1 . � � •� � n�K,a� `'� I� • . ' _ � 9C�!F 6•c • C�F_ � �� ����������� �� • • B-.�. ' v p� ���8-3 • •`�`• .'�' \\1 �p�`\ �' I� , w-$� ������ {Jt-IC-1 /-S F e-t� � ItJSERT �+o NAV:.nFE G.fiEA DET:.I� MA? !S'oE,G • RIScNB�iG C��� of C)rono, �i��eso�a . . �� �, Rond Yrv: Cti LSc�H and �� ����� ��oo!t �� 'ASGS�a:.TrS ' � ' ' BOXCSiROC,ROSEML AMDEP.U%i ASSOG 111G R�N'S:�' • . n.a��ri.c rr.,....s .._. , .,,_ ~ ORDINANCE #102 , SECOND SERIES AN ORDINANCS OF TSE CITY OF ORONO, MZNNESOTA, RSPSALING ORDINAPCS #96, 2PD SffitI$S ADOPTING AN INTSRIM MORATORIIIM ON THE GRANTING OF LAND SIIBDIVISIONS The City Council of the City of Orono ordains: The Municipal Code of the City of Orono is amended by repealing Ordinance #96, Second Series, an ordinance establishing an interim moratorium on the granting of land subdivisions that hane not received preliminary approval from the City, adopted by the City Council on the 26th day of August, 1991, and to be effective through August 26, 1992. This Ordinance becomes effective from and after its passage and publication in accordance with law. Passed by the City Council this 23rd day of March, 1992 by a vote of 4 ayes and 0 nays. � Barbara A. Peterson, Mayor �._r ST: — � . 0 othy . Hallin, City Clerk Published: Week of March 30, 1992. � ORDINANGS NOIrIBER 103 , S$CONA SgRI$S ,_, AN ORDINANCg AI�NDING ORDINANCI� NOMBBst 99, S$COND SERIES, ADOPTED November 25, 1991 BNTITLBD '1992 FS$ SCHBDOLS' The City Council of the City of Orono ordains; Ordinance No. 99, Second Series adopted November 25, 1991, and entitled "An Ordinance Adopting the 1992 Fee Schedule" is hereby amended to read: PUBLIC WORRS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates - Effective 1992 Second quarter billing, and annually thereafter on the second quarter billing. Municipal Water - Charge per service connection per year $5.21 for federally mandated safe drinking water testing program administered by Minneasota Department of Health. � The Ordinance shall be published in the Laker and Pioneer � Newspaper and shall be effective with the 1992 second quarter utility billing. Adopted by the City Council of the City of Orono on this 13th day of July 1992. Barbara A. Peterson, Mayor Attest: Dorothy . Hallin, Cfty Clerk 1�' .. 1� -. - ORDINANCE # 104 , 2ND SERISS AN ORDINANCE TO AMSND THE ORONO MIINICIPAL CODE BY ADDING SECTION 9.58, PROHIBITING THE IISS OF NON-ENCAS$D STYROFOAM AS A DOCR FI,OTATION DEVICE The City Council of Orono ordains as follows: Section 1. The City of Orono Municipal Code, Chapter 9, is hereby amended by adding Section 9.58 to read as follows: Section 9.58 Styrofoam Dock Flotation Prohibition. Subd. 1. Preamble. The City hereby determines 1) that disintegration of non-encased styrofoam f lotation blocks used in docks, swimming platforms, buoys, and other f loating structures in the City of Orono has led to the disintegrating particles washing up onto shoreland in Orono in substantial and unsightly � quantities endangering the comfort and enjoyment of the affected property owners and causing environmental and aesthetic damage, and generally unsightly and undesirable public conditions; 2) that such disintegration is a natural characteristic of the styrofoam described when used for flotation purposes in the City limits; 3) that such disintegration is accelerated by the actions of aquatic animals and waterfowl and, in turn, constitutes a hazard to their wel 1-being; 4) that additional health and safety concerns can occur if such material is subject to heat, gaso line , or other petroleum products; and 5 ) the use of non-encased styrofoam for the pur�pose mentioned above is a public nuisance within the meaning of Orono City Code, Chapter 9, Subsection 9.21. Subd. 2. Definition. For the purpose of this section, non- encased styrofoam means any brand of expanded polystyrene beads molded into a block, sheet, billet, or other shape which is not completely encased in a permanent casing, coating, or container capable of withstanding action by ice or other elements, anima ls, and normal activity by users so that disintegration of the molded shapes into smaller chunks or individua 1 beads is prevented. Subd. 3. Use of Non-encased Styrofoam Prohibited. A. It is a misdemeanor for any person to use non-encased styrofoam blocks, sheets, billets or other shapes for dock construction or flotation, swimming platforms, buoys or other f loating or similar structures in lakes or streams in the City, whether such uses are permanent or seasonal in nature. B. This ordinance shall apply to such uses after the date of the adoption of this ordinance exce t when owners of such non- encased styrofoam materials who are presently using them in the City for purposes forbidden by this ordinance may continue to use them for such purposes in existing structures currently containing them until December 31, 1994. This exception does not - include repair or replacement of existing styrofoam. � d � . � � Ordinance #104, 2nd Series page 2 Section 2. Adoption and Publication. This ordinance shal 1 take effect and shall be enforced from and after the date of its adoption and publication. Adopted by the City Council of Orono on this 27th day of July, 1992, by a vote of, 3 ayes, 0 nays, and one abstention. �i��'r�,-�� J Diann Goette , Acting Mayor Att� t: �. . orothy . Hall n, City Clerk . . _�� ORDINANCE #105, 2nd Series AN ORDINANCS TO BXSiKPT PROPBRTI$S WITHIN THS STIIBBS BAY S$WSIt PROJSCT AREA FROM THB PROVISIONS OF ORONO MUNICIPAL COD$ S$CTION 12.30, SDBDIVISION 4 (B) (1) AND $STABLISHING RSQIIIRBMSNTS FOR CONNECTION TO SEWSR FOR PROPffitTIES WITHIN THE STQBBS BAY S$WSIt PROJBCT AREA WH$R$AS, the City Counci 1 of the City of Orono (hereinafter "the City" ) has ordered the installation of municipal sewer trunk lines and laterals to serve the Stubbs Bay area; and W�REAS, the Stubbs Bay sewer project area includes 137 properties or groups of properties which will be provided with sewer connection stubs brought to the property boundary, said properties and groups of properties being legally described by Property Identification Numbers in Exhibit A attached; and WHER$AS, the Stubbs Bay sewer project is anticipated to " be complete a�nd available for connection in late 1992 or early 1993; and WH$REAS, Municipal Code Section 12.30, Subdivision 4 (B) (1) requires tMat the owners of all buildings where municipal sewer becomes available shall connect such buildings to the City sewer within 16 months of the availability of the sewer; and WS$REAS, in order to reduce the immediate financial burden on homeowners in the Stubbs Bay sewer project area, the City Council has agreed to extend the length of the required connection period for properties in the project area. NOW THEREFORS, the City Council of Orono does hereby ordain: Section 1. The owners of properties within the Stubbs Bay sewer project area are hereby exempted from the provisions of Municipal Code Section 12.30, Subdivision 4 (B) (1), but shall be subject to the following provisions: 1. The owners of properties which fall into one or more of the following categories shall connect the existing residence to municipal sewer within 90 days of its availability: Page 1 0€ 3 � Ordinance #105, 2nd Series a. Properties with septic systems that are discharging to the surface. b. Properties using holding tanks as a primary or partial method of sewage disposal. 2. The owners of properties which fal 1 into the following category shal 1 connect the existing residence to municipal sewer within 16 months of its availability: a. Properties located within 500 feet of the shoreline of Stubbs Bay which have drainfield trenches or beds located less than the required 36 inch vertical separation above the normal lake elevation of 929.4' MSL. The vertical separation distance is measured to the bottom of the rock in the trench or bed. b. Properties that have drainfields located less than - 75' from the shoreline of Stubbs Bay or Stubbs Bay Creek. c. Properties that have drainfields located less than the State minimum 50' separation from a water well. 3. The owners of all properties which do not fal 1 into one of the categories in Item 1 or 2 above shall connect the existing residence to the City sewer within sixty (60) months of the date the sewer becomes avai lable, except that any property which experiences septic system failure during the 60 month connection period shall make such connection within 90 days of notice of such failure. 4. In the event that a septic system located in the Stubbs Bay sewer project area and within the Shoreland Overlay District is determined to be classified non-conforming as a result of an inspection triggered by application for a building permit or variance pursuant to Municipal Zoning Code Section 10.56, Subdivision 17 (C), the owner of such system shall be required to connect the existing residence to the sewer within one year of notification of the non-conforming classification. Page 2 of 3 a ��' .. . • . Ordinance #105, 2nd Series 5. If during th� 60 month connection period, the City initiates a program to determine the conformity , classification of all septic systems in the Shoreland Overlay District, the Stubbs Bay sewer project area shall be exempt from such program to the extent that any systems classified as non-conforming solely as a result of such program shall not be subject to the normal one year non-conformity elimination deadline. Section 2. Effective date. This ordinance shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota this 2�th day of July , 1992. ATT T: / / / ' � . orothy . Hallin, City Clerk ara A. Pete o , Mayor . Diann Goett n, Acting Mayor . .- ,` ORDINANCS NO. 108, 2nd S$RIES AN ORDINANCE AMENDING 1�IDNICIPAL COD13 SECTION 9.21, PUBLIC NIIISANC$; AND ADDING S$CTION 9.23, PARTICIPATION IN NOISY PARTIES OR GAZ'HSRINGS The City Council of Orono ordains: Section 1. Section 9.21 of the Municipal Code as revised by Ordinance No. 51, Second Series on May 9, 1988, is hereby amended to read as follows: SECTION 9.21. PIIBLIC NIIISANCE. It is unlawful for any person to maintain a public nuisance by his act or failure to perform a legal duty, and for purposes of this section, a public nuisance shall be defined as any of the following: ( 1 ) Maintaining or permitting a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any considerable number of inembers of the public; or, ( 2 ) interfering with, obstructing or rendering dangerous for passage, any street, public right-of-way, or waters used by the public; or, (3) any other act or omission declared by law to be a public nuisance. Section 2. The Municipal Code of Orono is hereby amended by adding Section 9.23 , PARTICIPATION IN NOISY PARTIES OR GATHERINGS, to read as follows: S$CTION 9.23. PARTICIPATION IN NOISY PARTIES OR GATHERINGS. A. No person shall congregate because of, or , participate in, any party or gathering of people from which noise emanates of a sufficient volume or of such nature to disturb the peace, quiet, or repose of other persons. . B. A police officer may order aIl persons present at such party or gathering other than the owners, residents or tenants of the building or place to immediately disperse. Any person who shal 1 refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this ordinance. C. Any owner, tenant or resident of the building or place who has knowledge of the disturbance and fails ' to immediately abate said disturbance shall be guilty of a violation of this ordinance. . . . , . , � . D. Any person violating or failing to comply with any provision of this ordinance shal 1 upon conviction thereof, be guilty of a misdemeanor. Section 3. This ordinance shal 1 be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of Orono, Minnesota on this 24th day of August, 1992. ATT T: � • •-_.._ . o thy . allin, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of August 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 Publish the week of September 7, 1992 in the Laker and Pioneer newspaper. ORDINANCE NOMBER 109 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NUMBER 99, SECOND SERIES, ADOPTED NOVEMBER 25, 1991 ENTITLED "1992 FEE SCHEDULE" The City Council of the City of Orono ordains, Ordinance No. 99, Second Series adopted November 25, 1991 and entitled "An Ordinance Adopting the 1992 Fee Schedule" is hereby amended by adding: POBLIC WORRS DEPARTMENT MISCELLANEOOS CHARGES Brush Drop Off Fee $ 3.0A per cubic yard 1 . 0� minimum fee LICENSES AND MISCELLANEOOS CHARGES Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Topographic Information $ 10. g0 per acre This ordinance amendment shall be published in the Laker and Pioneer Newspaper and shall be effective the week of October 5, 1992. Adopted by the City Counci 1 of the City of Orono on this 28th day of September, 1992. i" �� � AT ST: Barbara A. Peterson, Mayor �• . 0 othy allin, City Clerk Published in the Laker and Pioneer Newspapers the week of October 5, 1992. ��' � � � w 1 0�11�lN .l� T 11� / Zi,i/ S$Rl�is AN ORDINANCE TO AMEND THE ORONO 1�lUNICIPAL CODl3 BY ADDING S13CTION 9.58, PROHIBITING THE DSE OF NON-ENCASED MOLDED POLYSTYRENB E%PANDED-BEAD FOA1� AS A DOQC FLOTATION D$VICS The City Council of Orono ordains as follows: Section 1. The City of Orono Municipal Code, Chapter 9, is hereby amended by adding Section 9.58 to read as follows: Section 9.58 Molded Polystyrene Expanded-Bead Foam Dock Flotation Prohibition. Subd. 1. Preamble. The City hereby determines 1) that disintegration of non-encased molded polystyrene expanded-bead foam f lotation blocks used in docks, swimming platforms, buoys, and other f loating structures in the City of Orono has led to the disintegrating particles washing up onto shoreland in Orono in substantial and unsightly quantities endangering the comfort and enjoyment of the affected property owners and causing environmental and aesthetic damage, and generally unsightly and undesirable public conditions; 2) that such disintegration is a natural characteristic of the molded polystyrene expanded-bead - foam described when used for flotation purposes in the City limits; 3) that such disintegration is accelerated by the actions of aquatic animals and waterfowl and, in turn, constitutes a hazard to their wel 1-being; 4) that additional health and safety concerns can occur if such material is subject to heat, gasoline or other petroleum products; and 5) the use of non-encased molded polystyrene expanded-bead foam for the purpose mentioned above is a public nuisance within the meaning of Orono City Code, Chapter 9, Subsection 9.21. Subd. 2. Definition. For the purpose of this section, non- encased molded polystyrene expanded-bead foam means any brand of expanded polystyrene beads molded into a block, sheet, bil let, or other shape which is not completely encased in a permanent casing, coating, or container capable of withstanding action by ice or other elements, animals, and normal activity by users so that disintegration of the molded shapes into smaller chunks or individual beads is prevented. Subd. 3. Use of Non-encased Molded Polystyrene Expanded- Bead Foam Prohibited. A. It is a misdemeanor for any person to use non-encased molded polystyrene expanded-bead foam blocks, sheets, bil lets or other shapes for dock construction or flotation, swimming platforms, buoys or other f loating or similar structures in lakes or streams in the City, whether such uses are permanent or seasonal in nature. . r► • � a _ . . � � B. This ordinance shall apply to such uses after the date of the adoption of this ordinance exce t when owners of such non- encased molded polystyrene expanded-bead foam materials who are presently using them in the City for purposes forbidden by this ordinance may continue to use them for such purposes in existing structures currently containing them until December 31, 1994. This exception ddes not include repair or replacement of existing molded polystyrene expanded-bead foam. Section 2. Adoption and Publication. This ordinance sha 11 take effect and shall be enforced from and after the date of its adoption and publication. Adopted by the City Council of Orono on this 9th day of November , 1992, by a vote of 5 ayes, 0 nays. /t�LCe�i�C�-Q.-�� �. L�-�ti.dfi , Barbara A. Peterson, Mayor Att st: '� ^ • . J' J-� or thy . allin, City Clerk r � r y w ORDINANCE NUMBER 111, SECOND SERIES SUMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 111 , Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. ,, � � , OFFICIAL SUMMARY OF ORDINANCE NUMBER 111 , SECOND SERIES ORDINANCE N0. 111� SECOND SERIES AN ORDINANCE ADOPTING THE 1993 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE N0. 99, SECOND SERIES, ORDINANCE N0. 95 SECOND SERIES, ORDINANCE N0. 1�J3 SECOND SERIES, ORDINANCE NO. lfd6 SECOND SERIES AND ORDINANCE NO. 1 �9 SECOND SERIES The following is the official summary of Ordinance Number 111, Second Series approved by the City Council of the City of Orono on November 23, 1992 The following sections have changes, additions and/or deletions: 1992 � 1993 DESCRIPTION FEE FEE ZONING APPLICATIONS Request for City to maintain unimproved - - • $200. �41 public road CONSTROCTION PERMITS AND INSPECTION FEES PLUMBING PERMIT $ 3�. Pl� $ 35. �Jfd min Delete fixture charge 1 . 25% of contract price MECHANICAL PERMIT Minimum fee for any Mechanical Permit $ 3(d. �0 $ 35. 64! per project Residential, Single Family & Duplex Delete fixture charge 1 . 25% of by Unit Type contract price Commercial, Industrial & Multi- Delete fixture charge $ 35. �01 min Family Residential by Unit Type 1. 250 of � contract price 1992 1993 DESCRIPTION FEE FEE SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems Various charges $ 35. �� minimum fee 1. 250 of contract price -kitchen fire extinguishing system $ 30. g� $ 35.0� per system MUNICIPAL CONNECTION PERMIT Sewer $ 30. �0 $ 35. �0 Water $ 30. �0 $ 35. �0 ALL SANITARY SEWER CONNECTION CHARGES Various Various Charges Reflecting Cost of Investment ALL MUNICIPAL WATER CONNECTION CHARGES Various � Various Charges Reflecting Cost of Investment ZONING DEPARTMENT DOCUMENTS Topographic Information - - $ 1�. G10 per . acre PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT Stubbs Bay Area _Un-Connected Properties - - $ 24. 3PJ per quarter Utility Service Rates Federally Mandated Safe Drinking Water - - $ 5. 21 per Testing Program (Charge per service year on 2nd connection) qtr billing RECYCLING CHARGE $ 12. 68 $ 15. 8�/year L Brush Drop Off Fee - - $ 3. 00 per cubic yard $ 1.00 min fee . 1992 1993 DESCRIPTION FEE EEE GOLF COURSE CHARGES - Effective date 1993 season After 12 Noon & Weekend Rates lst Nine Holes $ �' 5� $ 8' g� 2nd Nine Holes $ 5. �0 $ 5. 5� League Rates Monday thru Friday S 7• �� $ �' 50 Season Ticket (Senior Citizens Only) $1H�.�� $11�. �H Pull Carts - Per Round $ 1. �0 $ 1. 5� Golf Clubs - Per Round $ 2• �� $ 2' S0 A printed copy of the 1993 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. i This ordinance becomes effective the week of January 1, 1993. Adopted by the City Counci 1 of the City of Orono on this 23rc}�ay of November , 1992, by a vote 5 ayes and 0 nays. � ATTEST• Barbara A. Peterson, Mayor Dorothy M. Hallin, City Clerk Publish in the Laker and Pioneer newspapers the week of December 7, 1992 . � , DIRI�]C'1"ORY FOR 1993 FEE i�UI.E , Capy Charges Page Licenses and Misc�ellaneous Page Fermits (Cont.) Page Administration . . . . . . . .21 Garbage Haulers License. . . .19 Retaining Walls. . . . . . . . 8 Accident Reports . . . . . . .24 Home Occupation License. . . .2P1' Sprinkler Systems - Comner . .1QJ Building Plan Copies . . . . .21 Joint Use Dock License . . . .19 Trapping Permit (limited) . . .23 Copy Microfiche File - PD. . .24 Kennel License . . . . . . . .21 Water Meter Fees . . . . . . .10 Copy Service - Police Dept . .24 Septic Installers License. . .19 Reprint Oversized Documents Site Evaluator License . . . .19 on Microfilm. . . . . . . . .21 Solicitation License . . . . .20 Services Tape Recording Duplication . .21 Temp Trailer/Building Lic. . .2P! Fingerprinting (Police) . . . .24 Water Turn-On Charge . . . . .26 Maps For Sale. . . . . . . . . .2P1 Water Turn-Off Charqe. . . . .26 Connection Charges Sanitary Sewer . . . . . . . .11 Public Works Supplies & Servi�es Signs Municipal Water. . . . . . . .15 Driveway Culverts. . . . . .28 Street Signs (Public Works) . .28 Driveway/Curb Cut Permits. . .28 Temporary & Percnanent. . . . .16 Uocuments Temp. "No Parking" (P.D.) . . .24 Comprehensive Guide. . . . . .20� Permits Temp. "No Parking" (P.W.) . . .28 Special Assessment Searches. .21 After-the-fact-Fees. . . . 5 Municipal Code/Ordinance . . .20 Annual Service Charge (Septic)15 Utility Rate & Misc. . . . . . .25 Realtors Listing Info. . . . .21 Building Permit Fees . . . . . 8 Brush Drop Off Fee . . . . . . 26 Rurning Permit Fee . . . . . .18 Recycling Charge . . . . . . . 26 False Alarm User fee . . . . . .23 Cert. of Occupancy . . . . . . 8 Replacement Binds. . . . . . . 26 Demolition Permit Fee. . . . . 8 Golf Course Rates. . . . . . . .27 Docks Zoning Applications Comnercial . . . . . . . . . 8 After-the-fact Fees . . . . . 5 Inspections Residential. . . . . . . . 8 Amendments . . . . . . . . . 3 Special Inspection Charges . .18 Fire Protection. . . . . . . .18 Appeal of Achliin Decision . . . 5 Contractual Inspection Serv. .19 Firearms Permit Fee. . . . . .23 Commercial Site Plan . . . . . 2 Well Site Inspection . . . . .18 Fireworks Permit Fee . . . . .23 Conditional Use Permit Fees. . 1 Grading, Excavating, Filling .16 Industrial Revenue Bond Appl . 5 Licenses and Misoellaneous Large Assembly Permits . . . .23 Park Dedication Fees . . . . . 7 After-the-fact Fees. . . . . . 5 Mechanical Permit Fees . . . . 9 PUD Rezoning . . . . . . . . 3 Amuse�nent Devices. . . . . . .23 Move/Lift Building Permit Fee.17 Rezoning Application Fee . . . 3 Animal Impound Fees. . . . . .22 Municipal Hookup (Sewer/'Water)10 Rip Rap Application Fee. . . . 5 Beer, Wine & Liquor License. .22 On-Site Syst�ms (Septic) . . .15 Special Improvements Appl. . . 4 Com�nercial Marina License. . .19 Outhouse Construction. . . . .15 Subdivision Application Fee. . 2 Cigarette License. . . . . . .20 Parades & Special Events . . .23 Surcharge for Staff Expense. . 5 Dog License. . . . . . . . . .21 Plumbing Permit. . . . . . . . 9 Vacation Application Fee . . . 3 Dance (Public) License . . . .23 Variance Application Fee . . . 1 Gambling/Raffle License. . . .20 ORDINANCE N0. 111, SECOND SERIES . AN ORDINANCE ADOPTING THE 1993 FFE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 99 SECOND SERIES, ORDINANCE N0. 95 SECOND SERIES, ORDINANCE N0. 103 SECOND SERIES, ORDINANCE N0. 106 AND ORDINANCF N0. 109 SECOND SERIES The City Council of the City of Orono ordains: Section 1. Ordinance Repealed. Ordinance No. 99 5econd Series, Ordinance No. 103 Second Series, Ordinance No. 14J6 Second Series and Ordinance No. 109 Second Series are hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following FeE effective during the calendar year 1993: SECTION 1. Fees. ZONING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the application. Applicable Application Type Fee Code Section VARIANCE $175.00 10.06, Subd 3 (D) (Elexible applications involving more than one variance will require an additional $50. 041 payment per each variance) Variance for Non-Conforming [Jse $2gg. gg RENEWAL VARIANCE $100.PJPJ 1�. A6, Subd 3 (D) (No change from original application) CONDITIONAL USE PERMIT (One charge per project) 10. 09, Subd 3 Residential Accessory Use (Animals, etc. ) $125. 0P1 1g. 09, Subd 3 Institutional Use (School , Church, etc. ) $175. P1�1 1P1. 09, Subd 3 Duplex Credit (per building) $150. 00 10. Pl9, Subd 3 Guest House/Guest Apartment $150. QJ0 Commercial/Industrial Use $25Pl. g0 10.P19, Subd 3 1 ZONING APPLICATIONS (CONT. ) Applicable Application Type Fee Code Section CONDITIONAL USE PERMIT Continued (One Charge per Project) 10. 09, Subd 3 Land Alteration: $2�0.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore PRD Application with Subdivision Subdivision Fee plus $30. 00 per dwelling unit PRD Application without Subdivision $ 35.00 per dwelling unit (minimum $150. 00) PID Applications $150.�� per acre (minimum $350.00) Renewal Conditional Use Permit $100. g� (no change from original application) Conditional Use Permit with Variance $ 5�.00 for each variance After-the-Fact Fees Double Application Fee Res. #1306 & #1309 COMMERCIAL SITE PLAN $2�0. 0� + Consultant Fee SUBDIVISION Sketch Plan (Class I , II , & III) $200. 00 11. 10, Subd 7 (A) Prel iminary Review $30�J.P10 11.101, Subd 10 (A) (B) (Class I & II Subdivisions) Prel iminary Review $325.P10 +$25/lot 11.10(,Subd 1P1 (C) (Class III and all non-residential) ($400/3 lots; $425/4 lots) Final Plat Review (Class III) $175. A0 +Special Legal/Engineering Charges 11. 10, Subd 17 (A) (9) Filing Fees: a) Subdivision only $ 75. Q1R! 11. 10, Subd 17 (A) (11) b) Subdivision + Easements & $200. 0(� Minimum Plus any additional costs . Covenants Renewal of Preliminary Subdivision Application $150. 0QJ (No change from original application) Renewal of Final Subdivision Application $1410. 00 (No change from original application) 2 ZONING APPLICATIONS (CONT. ) � Applicable Application Type Fee Code Section PUBLIC ROAD VACATION $ 50. 0� per Section 10. 11 benefitting property � ($250.0�J minimum per application) EASEMENT VACATIONS WITH SUBDIVISION $ 75. Pl�! Section 1P1. 11 APPLICATIONS EASEMENT VACATIONS NOT ASSOCIATED WITH $175. 00 Section 10. 11 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $3�1PJ.00 Section 10. 11 PUD Rezoning - Allowed only within area adjacent to Highway 12 as defined in Comprehensive Plan Amendment No. 2 Ord 74, 2nd Series Section 1Q1. 53 PUD Rezoning: Residential $3g0�. OJ0 + $40. AP! per dwelling unit Commercial/Industrial $150.0�! per acre (min. $35(�. 0�1) REQUEST TO AMEND COMPREHENSIVE PLAN $3P10.0P1 Section 10. 11 3 ZONING APPLICATIONS (CONT. ) � Applicable Application Type Fee Code Section SPECIAL IMPROVEMENTS Section 11 .12, Subd 4 Non-refundable charges for City Engineer's review of applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $6�A. 0� plus 50¢/lineal foot Proposed Public Roads $9�0.00 plus 50�/lineal foot Request for City to accept existing $9A0.0� private road Request for City to maintain unimproved $2�0. �0 public road Proposed Sanitary Sewer Main Extension $250. 00 plus $25. A� per stub Proposed Watermain Extension $25�.0A plus $25. 00 per stub Proposed Storm Sewer System $200. 00 (excludinq culverts) On-Site System - Site Evaluation Review $ SA. A� per new lot proposed (applicable to rural subdivision for on-site � applications) � 4 ZONING APPLICATIONS (CONT. ) Applicable Application Type Fee Code Section RIP-RAP Staff Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $10g.0� + CUP review b) Repair previously approved Staff permit = $100. 0� APPEAL OF ADMINISTRATIVE DECISION $10g.�A 10.06, Subd 3 (D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,0�0. A0 Application Fee: 0. 1$ of project valuation ($250.00 minimum) plus $5, 000. 00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Section 10. 11 Per Fee Schedule setforth below: Professional Time � $ 29. 0�/hour Clerical Time $ 17. 25/hour Legal/Engineering Consultants Actual Rilled Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previqus history of work without a permit and where such work does not entail any zoning violations. 5 - ZONING APPLICATIONS (CONT. ) Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum appl ication fee for after-the-fact appl ications shal l be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. � After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Res. 13Pl6 6 ZONING APPGICATIONS (CONT. ) PARK DEDICATION .FEES I Municipal Code Section 11 . 62 Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council , as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8� of the land being platted or subdivided. (2) Commercial/Industrial Zoned Land. Dedicated requriement of 80 of the land being platted or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the sudbivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. 7 CONSTROCTION PERMITS AND INSPECTION FEES Applicable Permit Type Fee Code Section BUILDING PERMIT (Ord. 216) Minimum Fee $ 15. 00 Normal Fee (per 1988 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1988 UBC/SBC Standard Schedule) Residential 65% of Building Permit Fee Building Valuation Standard (per Current I .C.B.O. Building Standards/Building Valuation Data) ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (chanqe in use) $ 5�. gg RETAINING WALLS (in excess of 42" also $ 15. 00 minimum multiple tiered walls that exceed 42" (per 1988 UBC Standard Schedule) and not located in lakeshore protected area) TREC REMOVAL WITHIN 0-75 ' $ 30. 0� Ord. 1�. 22 Sub 3 DOCKS - RESIDENTIAL $ 3g, gg (Permanent and Initial Seasonal) DOCKS - COMMERCIAL Per 1988 UBC/SBC Standard Schedule DEMOLITION PERMIT (Ord. 216) Principal Structure $ 5A. 00 Initial inspection $ 25.00 for each requested . or required inspection beyond initial inspection Accessory Structure $ 30.Q10 Initial inspection 8 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section PLUMBING PERMIT $ 35. 00 minimum per project 1 . 25% of contract price Mail-in postage & handling charge $ 1. 5� MECHANICAL PERMIT Minimum Fee for any Mechanical Permit $ 35.00 per project Mail-in postage & handling charge $ 1. 50 Residential, Single Family & Duplex by Unit Type 1 . 25°s of contract price 9 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT. ) � Applicable Permit Type Fee Code Section Commercial, Industrial and Multi-Famil Residential by Unit Type 35. 00 minimum fee 1 . 25� of contract price SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems $ 35. 00 mimimum fee 1 . 25% of contract price Plan Review = 65g permit fee Surcharge based on valuation -kitchen fire extinquishing system $ 35.�g per system MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 35. �0 Water $ 35. 00 5/8" meter including sales tax $133.00 • 3/4" meter including sales tax $181 .�0 1" meter including sales tax $235.0� larger meter quote basis Mail-in postage & handling charge $ 1. 5g (sewer and water permits only) � 10 ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed tro be required in the—sole discretion of the City. If an improvement is required, the connection charqe may be in addition to any assessment.) By District - Project , Offi�e Use Only • *Credit to Fund 1963 ST-lA, LS-lA or ST1-B, LSl-B $225. 00 + $455. 0� per acre 1 + 33. 00 per F.F. 1964 LS-lA or LS-1B $225.00 + $33.75 per F.F. 1 1965 LS-1 $225. 00 + $49. 65 per F.F. 1 1965 LS-lA $225. 00 + $36. 20 per F.F. 1 1967 LS-1 $216. 60 per unit 1 + $21 . 6� per F.F. 1969 LS-1 Shore Hills $225.00 + $10,729. 20 per unit 1 1969 LS-2 Chevy Chase $7,686. 85 per unit 1 1970 LS-1 Saga Hill $225. 00 + $4, 111 .0H per unit 1 + 25. 3g per F.F. 1971 LS-1 Dunwoody $225. AH + $3,744. 00 per unit 1 + 23. 0g per F.F. 1973-1 $7, 260. �0 per unit 1 � + $34. 4� per F.F. 198A-1 Minnetonka Bluffs $9, 279. �0 per unit 2 West Ferndale/County Road 15 $27, 121 .00 per unit 2 Orono Lane $17, 375. 00 per unit 2 County Road 15 Marinas $7, 233. 00 per unit 2 1980-2 North Shore Drive/Scotch Pine Lane $25, 573. �0 per unit 2 1981-1 North Shore Drive/Highwood $11 ,099. 00 per unit 2 1982-1A Navarre Utilities $2, 365.00 per unit 3 + $970. 60 trunk area + 1982-1B Navarre Utilities Northern Avenue $225. 0� + $2 554.0� , per acre ?.25. �0=1 + 191.55 trunk unit acre/unit 1985-1 Crystal Bay $11 , 218. 00 per unit 4 1983-1 Highway 12 Orono-Long Lake-Medina $1 ,054. 00 per unit 2 1989 Highway 12 - Phase I - North Side - $1 ,680.�0 per unit 1 Brown Road to Willow Drive 11 ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to. be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) By District - Project . 1992 Stubbs Bay Sewer - (See Area Map) I Stubbs Bay NE/NW - Bayside East $12,63�. 00 per unit 6 II Bederwood $19, 550.00 per unit 6 III Bayside North $16, 550. 00 per unit 6 IV Oxford � $23, 360. 00 per unit 6 V Cygnet and Leaf $18,880. 00 per unit 6 Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-A0 3) 044-3753-�00-�0 5) 024-3753-000-�0 2) �43-3753-�00-00 4) 045-3753-�00-0� 6) 046-3753-000-00 1'Z ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement pro�ect is not eeme t�o F�e required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition � to any assessment.) By District - Project I. An additional fee is charged for properties benefitting from 1984 forcemain and lift station �7 upgrade, as follows (see map for affected areas) : Ipitital #6 #7 Office Use Only Charge By Pass Forcemain *Credit to Fund 1. Existing Properties/Increase Previously Previously $428. �10 5 Paid Paid � 2. New Bldgs Replacing Previously Previously If usage 5 Existing Bldgs Paid Paid increases � from existing $428. �If� 3. New Residential W/Existing Previously Previously $1 ,238. 5P! 5 Stub Paid Paid 4. New Residential Without Stub $225.0P! (1) $191 . 5g (3) $1,238. 50 (5) 1 , 3 & 5 5. Freshwater Biological $225. 0(� (1) $191 . 50 (3) $5A0/unit on (5) 1, 3 & 5 connection (already assessed $2,00P!/ac) 1) 073-3753-000-0P! 3) 044-3753-000-00 5) 024-3753-PlPIP!-�J(� 2) 043-3753-P10P1-00 4) 045-3753-0010-00 6) P146-3753-0P10-P10 13 ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement pro�—'eet is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) By District - Project Office Use Only II. An additional fee is chagred for properties benefitting from the 1989 gravity line and lift station #14! by-pass per Resolution #2671 , as follows (see map for affected areas) :� Initital #10 Office Use Only Charge By Pass *Credit to Fund Property Without Stub $225. 00 $2, 188. 00 1 The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that affected project area. Such connections are subject to City Council approval. Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-�(�0-00 5) 024-3753-PJg01-0P! 2) 043-3753-0�0-00 4) PJ45-3753-000-�J0 6) 046-3753-0PlPl-g0 14 ALL MUNICIPAL WATER CONNECTION CHARGES If not previously assessed or if an improvement pro�ect is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment) By District - Project Office Use Only *Credit to Fund 1967 LW-1 Highway 12/Crystal Bay Road $3,791. 50 per unit 1 + $28. 15 per F.F. 1969 LW-2 Chevy Chase $3,757. 50 per unit 1 197� LW-1 Navarre Residential $1 ,877. 0A per unit 1 + $18.7� per F.F. 197� LW-1 Navarre Commerical $2, 816. 50 per unit 1 + $28. 20 per F.F. 1982-1A Navarro $2,g00. 50 per unit 2 1989 Highway 12 - Phase I - North Side $ 963. 0� per unit 1 Water Trunk - Brown Rd to Willow Dr ON-SITE SYSTEMS (Ord. 21�) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 50. 00/per new lot Residential System Permit: Repair/Replace existing system $ 5A. 00 New Residential System $100. �A + $20. 00 per each inspection over 3 (Includes outhouse on Big Island) Non-Residential System Permit: New or Total replacement $1001. �J0 + $2�1. 00 per each inspection over 4 Partial replacement $ 60. 00 + $20.00 per each inspection over 2 Annual Service Charge $ 5A. 00/system/year plus � An add i t i ona 1 $10.00 fee for late penalty plus 8 � interest for unpaid charges certified Section 12. 30, Subd 8 (C) Water Connection Charges *Credit to Fund 15 1 1 �7�-3753-G(�fA-�f�f �� �r� � ���� �rxnr r�rr CONSTRUCTION PERMITS AND INSPECTION FESS (CONT. ) - Applicable Permit Type Fee Code Section GRADING, EXCAVATION, FILLING - 1-100 cubic yards (max. lA loads) $ 50.�0 (staff permit) ($100. �� if engineering fee necessary) - 101 + cubic yards $ 75. 00 + Conditional Use Permit + $25. 0� per each inspection over lst NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. SIGNS Temporary $ 30.00 Permanent . (Per 1988 UBC/SBC Standard Schedule) 16 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT. ) ' Applicable Permit Type Fee Code Section BUILDING MOVING OR LIFTING (Ord. 227) Fees for this activity are in addition to required building or demolition permits. Fees and any necessary surc arges are required to pay costs o bui ing co e inspections, public works inspections of streets and reasonable police escort service on oversize movements. -Lifting accessory buildings $ 3g. gg (no move across lot lines) -Lifting principal buildings $ 75. 0� + engineering fee if necessary (no move across lot lines) (include pre-lift inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max. 8 ' 6" wide/max. 13 ' 6" high/max. 48 ' long) -Moving accessory building larger than normal $ 50. 0J0 highway clearance -Moving principal buildings over any lot $15P1. 0Q1 line, onto or off any lot within Orono; includes any move on or over any City street even if not originatinq or term- inating in Orono (includes all over- size loads exceeding 8 ' 6" wide and/or 13 ' 6" high 48 ' long) . -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50.00 within Orono b) Building outside Orono to be moved $150J. 00 into Orono (max. radius 25 miles) 17 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) . Applicable Permit Type Fee Code Section SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30.00 (when called by owner) Inspection surcharge for work or $ 30.00 per trip + boat rental if application on Big Island or transportation is not Deering Island provided by owner Reinspection fee after failure to comply $ 30.00 per trip + 3�.00 per with Building, Septic or Zoning Code Correction hour after lst hour Notice - 3rd trip Well Site Inspection No Charge FIRE PROTECTION (Ord. 223) Fire Prevention Inspection No Charge Fire Code Permits $ 30. �0 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65� of permit fee BURNING PERMITS Up to 5 times per year No Charge For Each Reinspection $2g. gg More than 5 times per year $l�g. gg (for all organizations and individuals regardless of tax status) 18 CONSTROCTION PERMITS AND INSPECTION FEES (CONT.) . Applicable Permit Type Fee Code Section CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.0� per month (Includes clerical time) Inspection Charge $ 15.00 per inspection Plan Review Charge SBC/UBC Schedule Clerical Fee (Only charged if clerical $ 15. 00 per hour use is excessive) LICENSES � MISCELLANEOUS CHARGES Zoning Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) � $300. 00 + slip & boat fees Renewal Application & Inspection Fee $200. 00 + slip & boat fees (annual) plus: -each slip on water $ 2. gg -each dry slip inside or in racks $ 2. 00 -each boat unit on land $ l.gg -late fee $150.0� JOINT USE DOCK LICENSE Application Fee (initial) $ 5g. gg Renewal Application Fee $ 2g. gg . Plus each slip $ 2. gg Late Fee $ 25,�g SEPTIC INSTALLERS LICENSE - Annual $ 5g. gg SITE EVALUATOR LICENSE - Annual $100. 00 GARBAGE HAULER LICENSE - flat rate $ 30. 00 - per hauler $ 15.00/truck - transfer fee $ 30. A� 19 LICENSES & MISCELLANEOUS CHARGES (CONT.) - Applicable Permit Type Fee Code Section � HOME OCCUPATION LICENSE $ 5A.00 Initial Review Fee $ 30. 00 (Annual Review Fee) TEMPORARY TRAILERS & BUILDINGS LICENSE $ 30.0� � Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980) $ 3A. 00 Municipal Code Book - Complete � (Ch. 1-12 w/revisions) $ 60. 00 w/black binder $ 50.g0 loose Municipal Code Book - Portions Ch 1 thru 9 (Book 1) w/revisions $ 35. A� loose Ch 10 thru 12 (Book 2) w/revisions $ 35. 00 loose Ch 10 only (Zoning Code) w/revisions $ 25. A0 loose Ch 11 only (Subdiv. Code) w/revisions $ 15.00 loose Other Individual Chapters $ . 25 /page Black Binder $ 5.0� Comp. Plan Amendment #2 (Hwy 12) $ 5. 00 City Maps $ 2.00 each Topographic Information $ 10. �� per acre Building & Planning Publications As Posted - Prices subject to change General Administrative Licenses igarette Sa es License - per quarter $ 5. 00 5. 24 Gambling & Raffle License $ 10.00 5. 23 Solicitation License $ 20. 0� 5. 30 Up to 10 Solicitors - $1.�0 each additional solicitor in Orono Solicitor must list only those that will be in Orono 20 LICENSES & MISCELLANEOOS CHARGES (CONT.) - Applicable Fee Code Section General Administrative Documents Continued . Listing Information $ 10.00 Assessment Search - Written $ 10.00/parcel (Verbal searches not given) Copy Service (for public City records only)� $ .25 each 11" x 17" copies $ 1 .00 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Documents that $ ° 2. 50 (Approximately 5 working days) have been microfilmed Building Plan Copies and/or Cost of Copying, Messenqer Tape Recording Duplication Service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) Current Street Address Book $ 12.75 Dogs & Kennels DOG LICENSES 9. 12 Biannual License (issued in odd years) $ 15.010 Annual License (issued in even years only) $ 7. 54J KENNEL LICENSES 5. 36 Commercial Application & Inspection Fee $15�l. P10 (Annual) Residential Application & Inspection Fee $ 25. 00 (Annual) NOTE: Doqs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. 21 LICENSES � MISCELLANEOOS CHARGES (CONT.) . Applicable Permit Type Fee Code Section DOGS AT LARGE - RELEASE FEE 9. 12 ' First Offense $ 20. �0 Second Offense $ 30. 00 Third Offense $ 4�.00 After Hour & Weekend Release Charge $ 45. 00 ANIMALS AT LARGE (Other than dogs) - Release Fee 9. 13 First Offense $ 2�. �0 Second Offense $ 35. 0g Third Offense $ 50. 00 Trace & Catch Animal $ 20. 00/hour Trailer Charge $ 20. �0 plus . 25 mile (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost Police Department Administered Br�R, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor $500. 00 per License � Collected at Application In state investigation Actual cost up to $10,0�0 Out state investigation-actual cost Initial Investigation-Beer/Wine $150. 00/person Res. 1306 Off-Sale Liquor License $150. 00 4. 3� Bond Requirement $5, 00g. 00 On-Sale Liquor License $4,g00.�0 4. 30 On-Sale Wine License $750. 00 4. 40 3. 2 Beer Off-Sale (Annual) $ 25.00 4. 20 3. 2 Beer On-Sale (Annual) $ 75. �0 4. 20 Setups� (Annual) $100. 0� 4. 60 Club Liquor License (weekday) $100. H� 4. 50 (Sunday) $200. �0 4. 50 Temporary Set-up Permit (one day) $ 25. 00/each 4. 61 Temporary Beer Permit (one day) $ 15.00/each 4. 21 22 LICENSES AND MISCELLANEOUS CHARGES (CONT.) _ Applicable Application Type Fee Code Section Police Department Administered AMUSEMENT DEVICE LICENSES 5. 20 Per Establishment (Annual) $1�0. 00 plus machine fee Per Machine Fee $ 25. 0� each PUBLIC DANCE LICENSE (Annual) $100.0� 5. 21 (Individual Permit) $ 10. �0 5. 21 � LARGE ASSEMBLY PERMIT $ 50. 00 5. 25 FIREWORKS PERMIT $ 50. �� 9. 10 FIREARMS DISCHARGE PERMIT OCCASIONAL $ 10. 0� 9. 10 (limited use) Game Animals (limited use) $ 25. 00 Annual (Club Only) $ 25.00 LIMITED TRAPPING PERMIT $ 20. �� 9. 11 Ord. 232 Ord. 243 PERMIT FOR PARADES & SPECIAL EVENTS $ 5�.�0 6. 08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) • Next 7 false alarms/calendar year $ 50. 0P! each call (4-lA total) . Next 5 false alarms/calendar year $10�1. 00 each call (11=15 total) Each additional false alarm over 15/ $15Q1. 0P1 eac� call calendar year 23 LICENSES AND MISCELLANEOUS CHARGES (CONT.) . - Applicable Application Type Fee Code Section Police Department Administered FINGERPRINTING SERVICE $ 10. 0�/application (Citizenship No Charge) COPY SERVICE - Police Records First Two Copies $ 3. 0� Additional Copies $ 0. 50 each COPY OF ACCIDENT REPORTS $ 3. 00 each COPY OF DRIVER'S LICENSE RECORD $ 3. 00 each COPY FROM MICROFICHE FILE First Two Copies $ 5. �� Additional Copies $ . 25 each "NO PARKING ORDER OF POLICE" PAPER SIGNS $ 0. 25 each (no lathe included) 24 PUBLIC WORRS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates - Effective beginning Third Quarter 1991 MUNICIPAL SEWER RATE by unit: lst $ 51. 15 per quarter 2nd $ 48. 25 per quarter by flow: $ 2. 9A per quarter per $2.00/10g0 gallons MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT For those properties unconnected between 16 months after service availability and up to 5 years after service availability and meeting the criteria set forth in Ordinance No. 106, Second Series, allowing for hookup • time extension, shall be charged only for the City portion of the sewer unit rate and not for the MWCC portion of the sewer unit rate. Stubbs Bay Area Un-Connected Properties $ 24. 30 per qtr. 25 PUBLIC WORRS DEPARTMENT MISCELLANEOOS CHARGES Continued Utility Service Rates - Continued Area #1 Area #2 Area #3 Area #4 MUNICIPAL WATER RATES Navarre Long Lake Wayzata Orono/Hwy 12 Billing & Ready to Serve Chg $15. 55/qtr $5. 15/qtr $5. 15/qtr $5. 15/qtr Water Usage Rate $ 1.27/1000 gal $2.75/1000 gal $1.4A/1�00 gal $1.75/1��A gal Unconnected Property Chg $15. 55/qtr -�- _g_ _g_ (ready to serve/hydrant chg) Federally Mandated Safe Drinking Water $ 5. 21 per year on second quarter billing Testing Program (Charged per service connection) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $ 15.55/qtr billing charge plus $1.27/1P1�10 gallon total flow at border meter. Penalty for late payment of sewer/water bills - 15� after 45 days from billing date. Interest at 8� on unpaid water/sewer bills certified. Water Turn-On $17. 5R1 Water Turn-Off $17. 54! Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost RECYCLING CHARGE $15.4J0/year Recycling Container - Initial No Charge Replacement (including sales tax) $ 6. 50 each Brush Drop Off Fee $ 3.00 per cubic yard 1. 010 minimum fee 26 . PUBLIC WORKS DEPARTMENT MISCELLANEOOS CHARGES (CONT. ) GOLF COURSE CHARGES - Effective date 1993 Season Fee Monday thru Friday (excluding Holidays) Begin Play Before 12: �J0 Noon lst Nine Holes $ �. gg 2nd Nine Holes $ 5. gg After 12 Noon and Weekend Rates lst Nine Holes $ g, g� 2nd Nine Holes . $ 5. 50 League Rates Monday thru Friday $ �.5g Senior Citizen (Over 60 years old) Begin Play Before 12: �J0 Noon - Weekdays lst Nine Holes $ S. gg 2nd Nine Holes $ 5. gg Season Ticket (Senior Citizens Only) $110. 041 GOLF CART RENTAL Motorized lst Nine Fioles (After 12: �0 & Weekends) $1�. A0 2nd Nine Holes $ g,gg Monday thru Friday (Excluding Holidays) lst Nine Holes � 6. gg Begin Play Before 12: 00 Noon lst Nine Holes $ �. gg 2nd Nine Holes $ �. gg Pull Carts - Per Round $ 1. 50 Golf Clubs - Per Round $ 2, 50 STUDEN'T RATE (AGES 12 - 17) Begin Play Before Noon Monday - Friday, Excluding Holidays lst Nine Holes $ 5. gg 2nd Nine Holes $ 5. qg 27 Concessions As Posted � PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) PUBLIC WORKS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75. 0�J/std. sign (sale includes installation) Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lathe) $ 1.0P! each Driveway/Curb-Cut Permits Individual Driveways $ 3A.00/permit New Street Intersections (See zoning section - special improvement fees) SECTION 2. This ordinance establishing the 1993 Fee Schedule shall be published in the Laker and Pioneer Newspaper and shall be effective the week of January 1, 1993. Adopted by the City Council of the City of Orono on this 23rd day of November , 1992. A'P' E 'r: ' //( -- --- - - - l. 0 othy . allin, City Clerk Barbara A. Peterson, Mayor 28 ����� � ORDINANCE NO. 112, 2nd Series AN ORDINANCE AMENDING ORONO SECTION 2 .52, SUBDIVISION 1, CHANGING THE MEMBERSHIP OF THE PARR COMMISSION FROM EIGHT TO SEVEN MEMBERS THE ORONO CITY COUNCIL HEREBY ORDAINS : Section 1 . Orono Municipal Code, Section 2 . 52, Subdivision 1 is amended to read as follows: Establishment and Composition. A Park Commission composed of seven members as of the round of appointments made by Council after January 1, 1993 who shall serve staggered three-year terms, is hereby established. The Public Works Director and one Council member shall be members of the Commission ex officio and without vote and are in addition to the seven member Commission. Section 2 . This ordinance shall take effect upon publication. �� '� Adopted by the Orono City Council this llth day of January, � I 1993 . � • . ,' Doroth M. Hallin, City Clerk Edward J. C - ahan, Ma ORDINANCE NO. 113 , SECOND SERIES AN ORDINANCE TO AMEND THE ORONO MUNICIPAL CODE BY DELETING PORTIONS OF SECTION 5 .42, SUBDIVISION 4 RELATING TO BUSINESS USE STANDARDS FOR LARE FACILITIES The City Council of Orono ordains as follows : Section 1 . Section 5 .42, Subdivision 4 is hereby deleted and the following language substituted in its place: Subd. 4 . Business Use Standards . All business use applications shall provide information showing compliance with the following standards : A. The proposed number of boat slips on the land and on the water and boat buoys shall not adversely affect the public safety, health and welfare or infringe on the public ' right to use the water, or unreasonably restrict the rights of other property owners to store boats on or adjacent to the same area. B. Such other regulations pertaining to the operation of the applicant shall be met which promote the public health, safety and welfare. The Council shall be mindful of the past history of the conduct of the business by the applicant. Section 2 . Adoption and Publication. This ordinance shall be published in the Pioneer and the Laker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 8th day of March, 1993 by a vote of 4 ayes, 0 nays and 1 abstention. ' E ward J. Ca 1 an, Jr. , or AT ST: othy alli , City Clerk ORDINANCE # 114, SECOND SERIES AN ORDINANCE AMENDING SECTION 5 .24 ADOPTED APRIL 1, 1984 AND AMENDED MARCH 26, 1990 AND ENTITLED "TOBACCO. " The City Council of Orono ordains : Section 5 .24, Tobacco is hereby amended by adding the following language: Subdivision 4 . Tobacco Products : Prohibited Sales from vending machines . A. Tobacco products may be offered for sale in vending machines licensed under this chapter only on premises which possesses a current On-Sale Intoxicating Liquor license. In addition to any other requirements imposed by law, there shall be placed on each tobacco product vending machine a notice as follows : "If you are under age 18 and purchase or attempt to purchase any tobacco product from this machine, you will be subject to a mandatory fine of $100 . " B. No cigarette vending machine may be located in the entrance area of the licensed premises. � C. Cigarette vending machines must be located at least 12 feet from the entrance of the licensed premises, and must be within easy view of the employees of the establishment . Subdivision 5 . Purchase or attempted purchase of tobacco products by minors prohibited. A. It shall be unlawful for any person who has not attained the age of 18 years of age to purchase or attempt to purchase any tobacco product . A person under the age of 18 years of age who is alleged to have violated this section shall be subject to the jurisdiction of the Juvenile Court under Minn. Stat . Section 260 . 111 . In addition to the dispositions otherwise provided by law, a violation of this section shall subject the minor to a fine of $100 for a first violation or $200 for any subsequent violation. This ordinance shall become effective upon publication. Adopted by the Council at a regular meeting held April 12, 1993 , by a vote of 3 ayes, 2 nays. � E ward J. Ca ahan, Jr. , M or ATT T: � , . Dorothy . Hallin, City Clerk Published in the Laker/Pioneer newspaper the week of April 26 , 1993. � � �� � ORDINANCE NO. 115 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 2 . 50 AND NO. 2 . 51, SUBDIVISION 1 AND 2, ADOPTED APRIL l, 1984 AND AMENDED AS ORDINANCE NO 31, 2ND SERIES ON MARCH 17, 1987 AND ENTITLED "BOARDS AND COMMISSIONS GENERALLY" AND "PLANNING COMMISSION" RESPECTIVELY. The City Council of Orono ordains. Ordinance No. 2 .50 and No. 2 . 51, Subdivisions 1 and 2 adopted April l, 1984 and amended as Ordinance No. 31, 2nd Series on March 17, 1987 and entitled "Boards and Commissions Generally" and "Planning Commission" respectively are repealed and the following language adopted. SEC. 2 .50 . BOARDS AND CONII�IISSIONS GENERALLY. All board and Commission appointments authorized by ordinance shall be made by the Council at the first regular meeting in January of each year unless another appointment date is established elsewhere in ordinance . The term of each appointee shall be established and stated at the time of his appointment, and terms of present Board and Commission members amy be re-established and changed so as to give effect to this Section. New appointees shall assume office immediately. Provided, however, that all appointees to Boards and Commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. Na appointed Board or Commission member shall be an employee of the City, but an ex officio member may be so employed. All appointed Board and Commission members shall serve without renumeration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. In order to balance the need for consistency, with the desire to provide ongoing opportunities for new members; the Council, in general, will reappoint commission members for up to two additional 3 year terms beyond their initial 3 year term. Any Board or Commission member may be removed by the Council for any reason and his position filled as any other vacancy. Each Board and Commission shall hold its regular meetings at a time established and approved by the Council . Boards and Commissions created by resolution shall terminate when the purpose for which they were created has been accomplished or upon the expiration of their terms stated in the resolution. Except as otherwise provided, this Section shall apply to all Boards and Commissions . SEC. 2 .51. PLANNING COMMISSION. Subd. 1 . Establishment and Composition. A planning Commission composed of seven members, who serve staggered 3 years terms is hereby established. In order to make the transition from the current one year terms to staggered three year terms, the initial appointments may be for one or two year terms . As future , � � i ' ,r � three year appointments are made, the terms will then be staggered. The period of these terms is from 1 April to 31 March and shall be appointed by the 2nd business meeting March. It is the policy of the Council to appoint persons to the Planning Commission as follows : Two of the members shall reside in and be appointed to represent the Rural Service Area of the City as defined in the Comprehensive Management Plan, two members residing in and appointed to represent the Urban Service Area, one appointed that resides on Lake Minnetonka lakeshore property and two shall be appointed to represent the City At Large . The Council by majority vote may deviate from this policy to appoint persons without specific designation. The Zoning Administrator and one Council member shall be members of the Commission ex officio and without vote . Subd. 2 . Powers and Duties . The Planning Commission shall be the Planning Agency of the City and be an advisory body to the Council . The Commission shall have the power, under the direction of the Council, to carry on the duties set forth in Minnesota Statutes, and those duties provided by this Code and such other duties as prescribed by the Council from time to time . The Commission shall hold a regular meeting once each month and keep records of its proceedings . This ordinance becomes effective from and after its passage and publication on June 7, 1993 Passed by the council this 24th day of May � 1993 . • , / Edward J. Call an, �'r. , ayor AT ST: � . Dorothy M allin, City Clerk Publish in the Laker and Pioneer the week of June 7 , 1993 ' M� '� ORDINANCE NO. 116 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 9 .34 ADOPTED APRIL 1, 1984, AND ENTITLED "FIRE PROTECTION AND PREVENTION. " The City Council of Orono ordains : Ordinance No. 9 . 34 adopted April 1, 1984 , and entitled "Fire Protection and Prevention" is hereby by repealed and Ordinance No. 116 , Second Series is adopted. Ordinance No. 116 , Second Series Entitled "Fire Protection and Prevention. " Subd. 1 . Minnesota Uniform Fire Code Adopted. The Minnesota Uniform Fire Code, 1982 Edition (MUFC) , is hereby adopted as though set forth verbatim herein. One copy of said Code shall be marked CITY OF ORONO - OFFICIAL COPY and kept on file in the office of the City Clerk and open to inspection and use by the public. A. Restriction on Flammable or Combustible Liquid Storage. 1 . Prohibited Districts Established. Pursuant to MUFC Sections 79 . 501 and 79 . 1001, the Council hereby declares all land located within the following specified zoning districts to be the districts within which the storage of flammable or combustible liquids in aboveground tanks is prohibited: R-lA, R- 1B, RR-1B-1, RS, LR-1C, LR-1C-1, B-1, B-2, B-3 , B-4, B-5, M-6 and PRD. 2 . Aboveground Tank Locations . In those districts not included in Item 1 above, the storage of flammable or combustible liquids in aboveground tanks is permitted provided such tanks are located in conformance with MUFC Sections 79 . 501 and 79 . 1001, and with the following: (a) No such tank shall be located in any required front yard space as defined in the Zoning Chapter. ' (b) No such tank shall be located within 50 feet of any side or rear property line unless it has a minimum one hour fire rating. . A tank with a minimum one hour fire rating may be located within 30 feet of any side or rear property line. � (c) No such tank shall be located within 75 feet of any lake, wetland, stream or drainageway unless such tank is diked in accordance with MUFC Section 79 .508 . The minimum setback for a diked tank shall be 30 feet from the lake, wetland, stream or drainageway. . � �. .. . _ This ordinance becomes effective from and after its publication. Passed by the council this 14th day of June, 1993 . �' E war J. Call a , r. , Mayo AT ST: . � 0 othy allin, City Clerk r . � , ! ORDINANCE NO. 116 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 9 . 34 ADOPTED APRIL 1, 1984, AND ENTITLED "FIRE PROTECTION AND PREVENTION. " The City Council of Orono ordains : Ordinance No. 9 . 34 adopted April 1, 1984, and entitled "Fire Protection and Prevention" is hereby by repealed and Ordinance No. 116 , Second Series is adopted. Ordinance No. 116 , Second Series Entitled "Fire Protection and Prevention. " Subd. 1 . Minnesota Uniform Fire Code Adopted. The Minnesota Uniform Fire Code, 1982 Edition (MUFC) , is hereby adopted as though set forth verbatim herein. One copy of said Code shall be marked CITY OF ORONO - OFFICIAL COPY and kept on file in the office of the City Clerk and open to inspection and use by the public . A. Restriction on Flammable or Combustible Liquid Storage . 1 . Prohibited Districts Established. Pursuant to MUFC Sections 79 . 501 and 79 . 1001, the Council hereby declares all land located within the following specified zoning districts to be the districts within which the storage of flammable or combustible liquids in aboveground tanks is prohibited: R-lA, R- 1B, RR-1B-1, RS, LR-1C, LR-1C-1, B-1, B-2, B-3 , B-4, B-5, M-6 and PRD. 2 . Aboveground Tank Locations . - In those districts not included in Item 1 above, the storage of flammable or combustible liquids in aboveground tanks is permitted provided such tanks are located in conformance with MUFC Sections 79 .501 and 79 . 1001, and with the following: (a) No such tank shall be located in any required front yard space as defined in the Zoning Chapter. • (b) No such tank shall be located within 50 feet of any side or rear property line unless it has a minimum one hour fire rating. A tank with a minimum one hour fire rating may be located within 30 feet of any side or rear property line. (c) No such tank shall be located within 75 feet of any lake, wetland, stream or drainageway unless such tank is diked in accordance with MUFC Section 79 .508 . The minimum setback for a diked tank shall be 30 feet from the lake, wetland, stream or drainageway. . � L " This ordinance becomes effective from and after its publication. Passed by the council this 14th day of June, 1993 . Edward J. Ca �a , r. , Mayo AT ST: �• Do othy . allin, City Clerk • � . ORDINANCE # 117 , 2ND SERIES AN ORDINANCE TO AMEND THE ORONO MUNICIPAL CODE BY REVISING SECTION 5.42 AND ADDING SECTION 5.43 RELATING TO BUSINESS AND JOINT USE OF LAKE FACILITIES The City Council of Orono ordains as follows: SECTION 1. Section 5.42 is hereby amended as follows: SEC. 5.42. JOINT USE OF LAKE FACILITIES. Subd. 1. Definitions. For the purpose of this Section, the following terms have the meanings given them: A. "Boat Slip, Water" means a structure, space, dock or other thing designed or used for the docking, mooring or storing of a boat temporarily or permanently in or on water, including mooring posts, buoys or other devices. B. "Boat Slip, Land" means a structure, space or other thing designed or used for storing a boat temporarily or permanently on land adjacent to a lake, whether it is located on or off the licensed premises. C. " �� , , , , , "Boat Slin, Permanent" means a boat slip on land or water used for the storin�given boat on a lon�- term or yearlv basis. D. ��t�rraa�G• 1 D,...+ T � D„�: �� �6'`��Sflft� � > > > � e e f > > f �ea�� "Boat Sl� Transient" means a boat sli�on land or water used for the temporarv stora�e of many different boats for shore periods of time. E. �� �� , , � , �� �� �� , �� , � , , , �� * � ' * -' *� *'�� ::,.u. a��'_;. "Joint Use" means more than two adjacent riparian landowners,joinin� for the purpose of usin� lakeshore property for swimmin� bathin�, fishin�, dockin� or moorin� boats or for any other purpose Joint use includes the following activities: 1. More than two adjacent rinarian landowners sharin� in the 1 use of a sin�le dock. 2. An association of riparian and/or non-riparian landowners within a subdivision adjacent to the lake sharing a dock or dock s st�em providin�permanent boat slips for the members. 3. In the RS zonin� district only, a not-for-profit or�anization or association providin� transient boat slips for stakeholders or a propertv used for day use recreation or overni h�t campin�purposes. �� �� , , , , �-e�He��es� ��111cS TT�o��.Y,o «+l.ol.,, „�F„ „��" 'b � • Subd. 2. License Required. It is unlawful for any person to engage or participate in '��•������ •��� �-'joint use without first having obtained an annual license therefor from the City. Subd. 3. . , , . License Annlication An�person or group of persons makin�a�plication for a joint use license shall do so on forms provided by the City and shall provide such information as may be deemed necessarv b,y the Council in order to act on such a�plication. The fee for license applications shall be set by ordinance. � �,a � ���,�-���� . A T1.e « �o.a ., .,�.1.,.« ,.F 1.....* �1:.... .... tL.o 1..«..7 .....7 ,... Fl..o . ..,�e.. . t...�.�..�..,.... ..».......� ..� ....»� .. 'Y.. .," �.'� '�..-'�. ^--„ "-- '_-- ..�--- f � � C' 1. ..rl�o.- .. ..,,1.,*:....� .,o«t.,;.,;.,.� t�_tl.o .. o....+:.... ..f*l,o .,....1:...,..+ n Y YY �. » ti. + �.• �, .. ,..e ��.e ...,,ti.�:,. �.o.,i«w � h ...a . ,o��.,,.� �ri.o n,.,...,.:� .,w..» t.e .,.. ..a�,� L 111\a tVVL11V11 J11K11 VV r~ a Subd. 4. Public Hearin�LTpon filin�of any application for license, the Council may call a hearin�upon such notice as it mav deem appropriate. No such hearin� shall be mandatorv but wholl�within the discretion of the Council, excent that a hearin� shall be 2 held at the request of the applicant in cases of license revocation or denial. Subd. 5. Joint Use Standards. Joint uses shall adhere to the followin� standards: A. Any association of riparian and/or non-riparian landowners within a subdivision adjacent to the lake which initiates a new joint use shall adhere to LMCD regulations and no such use shall have more than one boat slip per 50 feet of shoreline as measured by a straight line between the points at which the side lot lines meet the OHWL. Further all such use shall adhere to the Shoreland Management Re�ulations of Section 10.56. B. Any joint use in the RS zoning district by a not-for-profit organization or association providin� transient boat slips for stakeholders of a propertv used for day-use recreation or overni h�pin�purposes shall be allowed only in conjunction with a valid conditional use permit for said use issued by the Council. C. Parking facilities not allowed. No joint use shall be approved which necessitates provision of parkin�stalls or which creates the need for parkin�y street ri�ht-of-way. SECTION 2. Section 5.43 is hereby added as follows: SEC. 5.43. MARINA BUSINESS LICENSE. Subd. 1. Definitions. For the nurpose of this section, the terms "Boat Slin, Water" "Boat Slip Land" "Boat Slin Permanent" and "Boat Slip Transient" shall have the meanin�s given them in Section 5.42. The following terms have the meanin�s given them: A. "Business Use" means en�a�g in either a marina business or the business of docking, mooring or storin b� B. "Marina Business" means en�ging in one or more of the permitted, accessorv or conditional uses allowed within the B-2 zoning district. C. "Business of Dockin��Moorin� or Storing Boats" means rentin� or otherwise providing svace including boat buoys for docking, mooring or storing one or more boats belon�ing to persons other than the owner or occupant of the property, except when licensed as a joint use. Subd. 2. License Required. It is unlawful for any persons to enga�e or partic�ate in business use without first having obtained an annual license therefor from the Citv. Subd. 3. License Application. Any uerson or group of persons makin� license a�plication for business use shall do so on forms provided by the City and shall provide 3 such information as may be deemed necessar�y the Council in order to act on such application. The fee for license application shall be set b�ordinance. Subd. 4. Public Hearin�pon filin�of any application for license, the Council may call a hearin�pon such notice as it may deem appropriate. No such hearin�hall be mandatory, but whollv within the discretion of the Council, except that a hearin� shall be held at the rec�uest of the�nlicant in cases of license revocation or denial. Subd. 5. Business Use License Standards. Businesses required to be licensed under this section shall be subject to the requirements and performance standards of the B-2 Zonin� District and per the following business use license standards: A. Insurance Required. Each business shall provide certification of liability insurance coverage for the duration of the license period. B. The primary business �erator on the propertv shall be the licenseholder and shall be responsible for notifyin�City of any and all businesses subleased on the premises Such secondarX businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zonin� district standards. C. Oneration Standards. Each business licensee shall adhere to the following minimum operation standards: 1. Parking facilities on the site shall be managed so as to eliminate traf�c or parkin�gestion eliminate ille�al on-street parkin�, and avoid pedestrian traffic through nei ng borin�propertv. 2. Boat en�ine testin�and char��shall be limited to the hours 8:00 a.m. to 6:00 p.m. 3. Retail sales and service shall be limited to the hours 7:00 a m to 10•00 p m except as necessary to accommodate normal fishin ag ctivity or private use of premises stored boats. 4. The site shall be kept neat and orderly, and free of ag rbage. � 5. On land stora�e of boats shall be mana�ed so as to eliminate any view obstructions for traffic entering and leavin� the site. 6. Parking and on-land storage of boats, trailers, materials and e�uipment shall be limited to those locations shown on an approved site oneration nlan, which plan shall be submitted or u�dated as part of the annual license application. Such site oneration ulan shall also indicate seasonally variable uses. 4 . . � 7. Lights shall be shielded from the road,the lake, and adjacent properties. Subd. 6. Business Use Licenses Limited to B-2 Zone. No business use shall ' be licensed in any zonine district other than B-2, except that when a business use is allowed by ordinance in another zonin� district, such use conducted in said district shall not be required to obtain a license. Subd. 7. License Revocation. Failure to adhere to the business use license standards of Subd. 5 (A throu�h C) shall be cause for license suspension or revocation per the provisions of this chapter. SECTION 3. Adoption and Publication. This ordinance shall be published in THE PIONEER and THE LAKER and shall become effective immediately upon publication. Adopted by the City Council of Orono on the 28th day of June, 1993 by a vote of 3 ayes, 1 nay and 1 abstention. A EST: �_ . 0 othy . H lin, City Clerk Edward J. Call n, Jr., Mayor 5 . ,� , ,.,! ORDINANCE NUi+IDER ' 118 , SECOND SERIES AN ORDINANCE TO AMEND MUNICIPAL CODE SECTION 12.30 BY REVISING TSE REQIIIRED TIMEFRAME FOR REPAIR OR REPLACEMENT OF NON-CONFORMING SEPTIC SYSTEMS . � The City Council of Orono ordains as follows : � Section l. The City of Orono Municipal Code, Chapter 12, is hereby amended by deleting the existing language of Section 12 .30, Subd. 8 (B) (4) and replacing it with the following language : � 4 . Owners of non-conforming systems shall be issued orders requiring maintenance, repair, alteration or replacement . Systems found to be non-conforming shall be brought up to conforming status per Subdivision 5 (C)� as follows : a) Systems found to be non-conforming due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics, shall be repaired, altered or replaced within a reasonable period ot time not to extend past December 31 of the second year following the year in which repair orders are issued, the intent being that at least two full construction seasons (May thru November) shall be allowed for completion of repairs . � b) Systems found to be non-conforming because they are either "failing" or "prohibited" as defined in Subd. 2 of this section, shall be repaired, altered or replaced within 90 days if feasible but in no � case later than 1 •calendar year after the date of the repair order. c) Sewage tanks requiring pumping in order to eliminate a discharge shall be pumped within 48 hours and as often as necessary thereafter to limit or eliminate effluent discharge until system repairs are completed. . SECTION 2. Adoption and Publication. This ordinance shall take effect and shall be enforced from and after the date of its adoption and publication. Adopted by the City Council of the City of Orono, Minnesota this 26th day of July � , 1993 . . A ST: � ' othy . Hallin, City Clerk ward J. Cal han, r. , Ma .� � = a„� ��w�3�r �3 _.__.. Co�� ���5 �o,sL sus�. Ic. Ca� = R. Sewage Treatment. Any premises used for human occupancy must be provided with an -adequate method of sewage � treatment per Municipal Code ' Section 12.30. On-site sewage � treatment systems must be setback from the Ordinary High Water� � Leve 1 in accordance with the setbacks contained in Section 10.56, ; Subdivision 16 .(C). Non-conforiaing sewage treatment systems shall � be regulated and upgraded in accordance with Subd. 17 of this ordinance. 1o.sla sur�o . I� Cc� = Subd. 17. Nonconformities. AI1 legally established nonconformities as of the date of this ordinance may continue subject to applicable State Statutes and as regulated elsewhere in� the Orono Municipal Code. In shoreland areas, the following standards shall also apply: C. Nonconforming Sewage Treatment Systems. A nonconforming sewage treatment system as defined in Section 12.30 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. Further, the nonconforming sewage treatment system provisions of Section 12.30 shall apply .to all shoreland areas. p Sua4. $ g 4 • �suB�eGf oF, P�eoP�s� 2��S�o�•s1 ,z .3 C �C � . . B. Inspection Program. For purposes of insuring continued proper use and maintenance of all existing onsite systems, the City shall periodically inspect each existing system and shall classify each system as Code, Conforming, or Non- Conforming. 4. Owners of Non-Conforming Systems shall be issued orders requiring maintenance, repair, alteration or replace- ment. Systems found to be non-conforming sha 11 be brought up to conforming status per Subdivision 5 (c) within one calendar year from the date of the order. Systems found to be non-conforminq due to failure or pollution hazards shall have remedial action required within a reasonable period of time as follows: (a) Sewage tanks requiring pumping shal I � be pumped within 48 hours. ; (b) Sewage tanks or systems found to be � clogged, overf lowing, leeching or .otherwise discharging pollutants i shall be pumped within 48 hours and thereafter as needed and the � system shal I be repaired, a ltered or replaced within 90 days. - � � ORDINANCE NO. 119, 2ND SERIES INTERIM ORDINANCE PURSUAN'P TO MINN. STAT. 462 .355, SUBD. 4 PROHIBITING THE GRXN'PING OF PRELIMINARY SUBDIVISION APPROVAL FOR SUBDIVISION APPLICATIONS CREATING "FLAG LOTS" AS DESCRIBED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 119, 2nd Series . SECTION l . Statement of Policv. The City Council finds that the City is presently faced with the potential of numerous applications for subdivision of lakeshore lots which would result in the creation of so called "flag lots. " A "flag lot" is a lot which meets the required lot width at the lakeshore and at the 75 foot setback but falls far short of the minimum lot width between the 75 foot setback and the street . Prior to February 24, 1992, such "flag lots" were not possible because minimum lot width for lakeshore lots was measured at the 75 foot setback and to the rear of the street setback line . . On February 24, 1992, however the Council passed a new Shoreland Ordinance . The new Shoreland Ordinance called for lakeshore lot widths to be measured only at the shoreline and at the required lake shore setback line of either 75 feet, 100 feet, or 150 feet depending on the classification of the lake. Because minimum width is measured only at the shoreline and at certain setbacks from the shoreline, the Shoreline Ordinance created the potential for flag lot development . It appears to the Council that the consequences of allowing such flag lots may be undesirable. The Council, therefore, finds that it is necessary to study the impact of subdivisions that would allow such lots on the underlying purposes of the City' s land use and zoning provisions . The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the city code need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to develop property in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning permitted land use and zoning performance standards, the granting of preliminary approval of subdivision applications seeking to create "flag lots" would be contrary to the purpose of the zoning enabling act, Minn. Stat . 462 . 351, et seq. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study. Therefore, the Council' s authority to grant preliminary approval to subdivision applications creating flag lots shall not be exercised during the limited terms of this Ordinance, except as provided in Section 5 . SECTION 2 . Studv. The Council hereby refers this matter to the Planning Commission to initiate a study regarding the implications of allowing lakeshore development creating flag lots and the potential need for amendments to the city code to implement the results of that study. SECTION 3 . Restrictions on the Granting of Preliminarv Subdivision Approval . No preliminary subdivision approval shall be given by the Council for any subdivision which creates a flag lot as defined herein. SECTION 4 . Duration. This Ordinance shall expire on October 26, 1993 , without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total of not more than 18 additional months . SECTION 5 . Variances. The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the comprehensive community management plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state law. SECTION 6 . Separabilitv. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provisions, or part . � � • ' . SECTION 7 . This Ordinance shall be published in the Laker/Pioneer Newspaper and shall be effective immediately upon publication. Adopted by the City Council of the City of Orono on the 26th day of July, 1993, by a vote of 5 ayes and 0 nays. Edward J. Cal an, Jr. , Mayo ATT ST: . � orothy M allin, City Clerk � s -� ORDINANCE NO. 12 p , SECOND SERIES . AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ENFORCEMENT OF CITY ORDINANCES REQUIItING UPGRADE OF CERTAIN NONCONFORMING SEPTIC SYSTEMS AS DESCRIBED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 12�, Second Series. SECTION 1. Statement of Policv. The City Council fmds that the Ciry is presently faced with the potential of numerous applications for building permits for properties which rely on on-site sewage treatment systems for sewage disposal. Prior to February 10, 1992, such existing on-site sewage treatment systems with less than 3' of unsaturated soil or _ sand between the distribution device and the limiting soil characteristics, were considered by definition as "substandard systems". Such "substandard systems" were not required by code to be upgraded when a request for a building permit for any purpose was requested. On February 10, 1992, however, the Council adopted revisions to Section 12.30, the On-site Sewage Treatment Ordinance. This new ordinance defined as "nonconforming systems", any system with less than 3' of unsaturated soil or sand between the distribution dEvice and the limiting soil characteristics. Further, the ordinance retained language appearing in the code � since 1978 which required that systems found to be nonconforming shall be brought up to conforming status within one calendar year. On February 24, 1992, the Council adopted a new Shoreland Ordinance. The new Shoreland Ordinance required that a nonconforming sewage treatment system as defined in Section 12.30 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, a property. Enforcement of this ordinance requires that the conformity status of an on-site sewage treatment system within the Shoreland Overlay District be determined and found nonconforming before issuance of a building permit. The Orono Community Management Plan, or "Comprehensive Plan", identifies a number of areas in the City which are currently not provided with municipal sewer, but which because of location near a water body or existing density of development, must be monitored carefully to ensure continued satisfactory use of on-site sewage treatment systems. These areas might be severely impacted by enforcement of the ordinances requiring system upgrade. The potential desirability of providing municipal sewer service to these areas as an altemative, has not been studied. It appears to the Council that the consequences of requiring upgrade of nonconforming septic � systems in the Shoreland Overlay District at any tune a building permit is requested, may be undesirable in some respects or at some locations. The Council, therefore, finds that it is necessary to study the impact of such requirements on the underlying purposes of the City's land use and zoni.ng provisions, on the provisions of the City's comprehensive planning, and on the citizens of Orono. The Council further fmds that if, as a result of this study, the land use controls and zoning provisions contained in the City Code or the provisions of the Communiry Management Plan need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the bene�t of those who wish to improve their property and for the benefit of those who have or will be found to have nonconforming systems, in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning the required upgrade of septic systems which are nonconforming solely due to the lack of 3' separation as noted above, the further enforcement of requirements to upgrade such systems would be contrary to the purpose of the Zoning Enabling Act, Minnesota Statutes 462.351, et. seq. The Council further finds that it would be unwise, unproper, and unjust to enforce the requirement for such upgrades to occur during this study. Therefore, the City staffs authority to enforce the requirement for upgrade of such nonconforming systems shall not be exercised during the limited terms of this ordinance, as provided in 5ection 3. SECTION 2. Studv. The Council shall immediately initiate a study regarding the implications of requiring upgrade of nonconforming sewage treatment systems as a condition of building permit approval, and further regarding the implications of requiring such upgrades in areas that might be served with municipal sewer in the future, and the potential need for amendments to the City Code and Comprehensive Plan to implement the results of that study. SECTION 3. Restrictions on Enforcement of the Requirement for Uu�rade of Nonconformin,_.g On-site Sewage Treatment Svstems. For all properties located within the Shoreland Overlay District and which request a building permit or variance for any purpose, the City Inspector shall determine the conformity status of any on-site sewage treatment system in use on the properry. However, if such sewage treatment system is determined to be nonconforrrung due solely to the lack of 3' separation noted above, such nonconforming status shall not be cause to deny the building permit. Further, for all areas of the City, either within or not within the Shoreland Overlay District, enforcement of the requirement to upgrade septic systems which are nonconforming solely due to the lack of 3' separation, shall be suspended for the duration of this interim ordinance. S�CTION 4. uration. This ordinance shall expire on March 13, 1994, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the Zoning Code, or Comprehensive Plan, have been finalized. The duration of this ordinance may be extended by adoption of a subsequent ordinance for a total of not more than 18 additional months. � � � . . SECTION 5. Variances. The Council may grant a variance to this ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Communiry Management Plan, that it is compatible with the zoni.ng and official control amendments being considered by the City, and that it does not adversely impact the health, safety or welfare of the citizens. � SECTION 6. Separabilitv. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 7. This ordinance shall be published in the Pioneer and the Laker and shall be effective immediately upon publication. Adopted by the City Council of the City of Orono on the 13th day of September, 1993, by a vote of 5 ayes and 0 nays. � Edward J. C ahan, Jr., May ATT ST: `�• • . orothy M. in, City Clerk � ORDINANCE # �L, 2ND SERIES . AN ORDINANCE TO REPEAL ORDINANCE NO. 116, SECOND SERIES AND AMEND SECTION 9.34 ADOPTED APRII. 1, 1984 ENTITLED "FIRE PROTECTION AND PREVENTION." � The City Council of Orono ordains: � SECTION 1. Ordinance No. 116, Second Series adopted June 14, 1993 is hereby repealed. SECTION 2. Municipal Code Section 9.34 as adopted April 1, 1984 and entitled "Fire Protection and Prevention" is hereby reinstated in its entirety. SECTION 3. Municipal Code Section 9.34, Subdivision 2 (A) (2) is hereby deleted and the following language substituted in its place: 2. Aboveground Tank Locations. In those districts not included in Item 1 above, the storage of flammable or combustible liquids in aboveground tanks is permitted provided such tanks are located in conformance with MUFC Sections 79.501 and 79.1001, and with the following: (a) No such tank shall be located in any required front yard space as defined in the Zoning Chapter. (b) No such tank shall be located within 50 feet of any side or rear property line unless it has a minimum one hour fire rating. A tank with a minimum � one hour fire rating may be located within 30 feet of any side or reaz property line. (c) No such tank shall be located within 75 feet of any lake, wetland, stream or drainageway unless such tank is diked in accordance with MUFC Section 79.508. The minimum setback for a diked tank shall be 30 feet from the lake, wetland, stream or drainageway. SECTION 4. This ordinance shall take effect upon publication. Adopted by the Orono City Council this 27th day of September, 1993. A EST: � � I orothy M. a lin, Ciry Clerk Edward 7. Call , Jr., ayor ' Published in the Laker and Pioneer newspaper the week of October 11 , 1993 . ' .� � - � ORDINANCE NO. 12 2 , SECOND SERIES � AN ORDINANCE TO AMEND T'I� MUNICIFAL ZONING CODE AND SUBDIVISION CODE BY DEFINING STANDARDS FOR THE CREATION AND USE OF LOTS WHICH DO NOT ABUT A PUBLIC OR PRIVATE ROAD THE CITY COUNCIL OF ORONO ORDAINS AS FOLLOWS: SECTION 1. Municipal Zoning Code Section 10.02 and Municipal Subdivision Code Section 11.03, Subdivision 2 are each hereby amended by adding the following definitions: "Lot-Back" - A lot rypically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a "back lot" when the corridor is platted as an outlot. A separated lot is considered to be a "flag lot" when the corridor is platted as part of the lot. When the corridox is merely an easement over another lot, the separated lot is considered to be an "easement back lot". "Lot-Front" - A lot abutting a public or private road, across which an outlot has been � platted for access to a back lot. SECTION 2. Municipal Zoning Code Section 10.03 is amended by adding Subdivision 27 which shall read as follows: Subd. 27. Special Standards for Back Lots Created After January 1, 1994. Back lots as defined in this section which were created as part of a subdivision that received preliminary subdivision approval after January 1, 1994 are subject to the following special requirements in addition to the standards required in Section 11.31, Subdivision 5 of the Orono Subdivision Code: A. D'unensional standards for back lots shall be as follows: 1. Lot area shall be 150% of the zoning district requirement. 2. Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the front yard setback line of a nonlakeshore back lot, shall meet the zoning district width requirement. The street yard or front yard for any back lot will be a yard starting where the narrow access outlot corridor ends and the lot begins. Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore setback line, and at the street yard setback line. 1 3. The depth of the required street yard or front yard shall be 150% of the zoning district front yard requirement. 4. The required side yard and rear yard depths for back lots shall be 150% of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. B. Dimensional standards for front lots. A front lot created as part of a front/back lot division shall meet all zoning district area, width and setback standards, except that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard � requirement for that zoning district. C. Access requirements. 1. Access outlots shall be 30' minimum width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring properties. 2. In approving front/back lot divisions, the City may require that both front lot and back lot share a driveway access within the access outlot if Council determines that creating an additional access to the existing street will be a potential safety hazard. 3. Driveways within a back lot shall be located at least 10' from the side or rear lot lines of adjacent lots. 4. No more than two residences may be served by a driveway located within an access outlot. 5. No access outlot may be platted abutting an adjacent access outlot except when the intent is to combine the two access outlots for creation of a public or private road meeting City standards. D. Screening requirements. . 1. Driveways constructed in access outlots shall be adequately screened by fencing or vegetation at the discretion of the City, at all points to the rear of the required street yard of the front lot, so as to eliminate intrusion of vehicle headlights into the side or rear yard of adjacent lots. 2 2. The street yard of the back lot shall be adequately screened by � fencing or vegetation at the discretion of the City, so as to elirninate intrusion of vehicle headlights into the side or rear yuds of adjacent lots. E. Standards for accessory structures. Accessory structures shall adhere to all requirements of the zoning code, with the following additional requirements: ' 1. Accessory structures within a back lot shall be allowed no closer than 10' to a neighboring properry's side or rear yard. 2. Accessory structures shall not be allowed within the required street yard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. 3. No accessory structure shall be allowed within an access outlot. SECTION 3. Orono Municipal Code Section 11.31, Subdivision 5 is hereby deleted and the following language substituted in its place: Subdivision 5. Double frontage lots, access to lots, and front/back lot divisions. A. Double frontage lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. B. Access from any arterial roadway. Lots shall not, in general, derive access exclusively from an arterial roadway. Where driveway access from any arterial roadway may be necessary for several adjoining lots, the Council may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such roadway. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into tra�c on any arterial roadway. C. Front/back lot subdivisions. "Flag lots" and "easement back lots" as defined in this Chapter(see definition of "Lot-Back") shall not be created. Front/back lot divisions shall be allowed only in conjunction with the creation of an outlot to provide access from the back lot to the public or private road. Such outlot shall not be allowed as creditable lot area for either the back or front lots. Front/back lot subdivisions shall adhere to the following standards: . 3 , 1. Applicability. a. FrontJback lot divisions may be used when existing property dimensions are nazrow and deep, such that lot width does not allow for a side-by-side lot split, but acreage is adequate to provide a "front lot" and a back lot without requiring an area variance when the area of the outlot access corridor is excluded. b. Front/back lot divisions may be used for individual "lot splits", but may not be used when subdividing a large parcel into numerous lots if creation of a back lot is merely a convenience to the developer rather than supported by unique site factors. c. A front/back lot division shall not be allowed when any existing residence on a neighboring property abutting the proposed access outlot is located nearer its affected side lot line than a distance equivalent to the zoning district required front yard depth. 2. Dimensional standards for back lots shall be as follows: a. Lot area shall be 150% of the zoning district requirement. b. Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the rear of the front yard setback line of a nonlakeshore back lot, shall meet the zoning district width requirement. The street yard or front yard for any back lot will be a yard starting where the narrow access outlot corridor ends and the lot begins. Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore setback line and at the street yazd setback line. c. The depth of the required street yard or front yard shall be 150% of the zoning district front yard requirement. d. The required side yard and rear yazd depths for back lots � shall be 150% of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. 4 , 3. D'unensional standards for front lots. A front lot created as part � of a front/back lot division shall meet all zoning district area, width and setback standards, except that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yazd requirement for that zoning district. 4. Access requirements: a. Access outlots shall be 30' minimum width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring properties. b. In approving front/back lot divisions, the City may require that both front lot and back lot share a driveway access within the access outlot if Council determines that creating an additional access to the existing street will be a potential safery hazard. c. Driveways within a back lot shall be located at least 10' from the side or rear lot lines of adjacent lots. d. No more than two residences may be served by a driveway located within an access outlot. e. No access outlot may be platted abutting an adjacent outlot except when the intent is to combine the two access outlots for creation of a public or private road meeting City standards. 5. Screening requirements and accessory structure standards. Front/back lot subdivisions shall be designed in a manner such that the screening requirements and accessory structure standards of Section 10.03, Subdivision 27 can be met. 6. The requirements and standards of this section shall apply only to those front/back lot divisions which receive preliminary plat approval after January 1, 1994. SECTION 4. Adoption and publication. This ordinance shall be published in the Pioneer and the Laker newspapers and shall become effective immediately upon publication. 5 . . ,. . . .��. . . . , Adopted by the City Council of Orono, Minnesota on this 13th day of December , 1993, by a vote of� ayes and 0 nays. � Edward J. Call n, r., Mayo ATTEST: �� . or thy M. a , City Clerk 6 � �• ORDINANCE NUMBER 12 3 , SECOND SERIES SLTMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 12 3, Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. 1 .... . OFFICIAL SUIVIMARY OF ORDINANCE NUMBER 12� SECOND SERIES ORDINANCE NO. 12 3, SECOND SERIES"AN ORDINANCE ADOPTING TI� 1994 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 111, SECOND SERIES. The following is the official summary of Ordinance Number 12 3, Second Series approved by the Ciry Council of the City of Orono on December 13, 1993. The following section have changes, additions and/or deletions: 1993 1994 DESCRIPTION FEE FEE Zoning Applications VARIANCE $175.00 $200.00 (Flexible applications involving more than one variance will require an additional $50.00 payment per each variance) CONDITIONAL USE PERMIT (One charge per project) Institutional Use (School, Church, etc.) $175.00 $200.00 Guest House/Guest Apartment $175.00 $200.00 Conditional Use Permit with Variance $ 50.00 Add $50.00 for each for each variance variance SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule set forth below: Professional Time $ 29.00/hour $ 30.00/hour Clerical Time $ 17.25/hour $ 18.00/hour PARK DEDICATION FEES I Land Dedication Minunum Area (1) Residential /Agricultural/Multiple Residential Zoned Land. Added language Dedication requirement of 8% of the land being platted or subdivided. after second (Exclusive of lot that includes an existing residence.) sentence. CONSTRUCTION PERMITS & INSPECTION FEES MECHANICAL PERNIIT Under Ground Tank Removal - - - Per Mechanical Permit Fees 2 « fi 1993 1994 ESCRIPTION FEE FEE CONSTRUCTION PERMITS & INSPECTION FEES (Cont.) ALL SAI�TITARY SEWER CONNECTION CHARGES Various Various Charges Reflecting Cost of Investment ALL MUNICIPAL WATER CONNECTION CHARGES Various Various Charges Reflecting Cost of Investment LICENSES & MISCELLANEOUS CHARGES COMMERCIAL MARINA LICENSE Application Fee (initial) $300.00 + slip & $300.00 boat fees Renewal Application & Inspection Fee $200.00 + slip & $20�•00 (annual) plus: boat fees -each slip on water $ 2•� -each dry slip inside or in racks $ 2•� - - - -each boat unit on land $ 1.00 - - - -late fee $150.00 $1�•� ZoninngLDepartment Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan - 1980 (with amendments) $ 30.00 $ 30.00 added with amendments Topographic Information $ 10.00 per acre $ 12•�1�� PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES RECYCLING CHARGE $ 15.00/year $ 16.00/year GOLF COURSE CHARGES - Effective date 1994 Season After 12 Noon and Weekend Rates lst Nine Holes $ 8.00 $ 8.50 2nd Nine Holes � $ 5.50 � 6•� League Rates Monday thru Friday $ 7.50 $ $•� Season Ticket (Senior Citizens Only) $110.00 $120.00 , 3 ♦ . . �+ 1993 1994 IESCRIPT'ION FEE FEE PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (Cont.) GOLF CART RENTAL Pull Carts - Per Round $ 1.50 $ 2.00 A printed copy of the 1994 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 3, 1994. Adopted by the Ciry Council of the City of Orono on this 13th day of December, 1993, by a vote of 5 ayes and 0 nays. Edward J. Call , rr., Mayor �1 EST: �• . orothy M. all , City Clerk , , 4 DII�CTORY TOR 1994 FEE SCHEDUL� Copy Charges Page Licenses & M'tscellaneous (Cont.) Page Permits (Cont.) Page Administration 21 Garb�ge Haulers License 19 Retaining Walls 8 Accideut Reports 24 Home Occupltiou License 20 Sprinkler Systems - Commer., 10 Building Plan Copies 21 Joint Use Docic License 19 Trapping Permit (limited) •� 23 Copy Micro�che File - PD 24 Kennel License 21 Underground Tank Removal 9 Copy Service - Police Dept 24 Septic Installers License 19 Water Meter Fees 10 Reprint Oversized Documents Site �valuation License 19 on Micro�lni 21 Solicitation License 20 Services Tape Recording Duplication 21 Temp. Trailer/Building License 20 Fingerprinting (Police) 24 • Water Turn-Of[ Charge 26 Maps For Sale 20 Water Turn-On Charge 26 Connectio�: Charges � Sanitary Sewer 11 Public Works Supplies & Services Sig�ts Municipal Watcr 15 Drive�vay Culvcrls 28 Strcet Signs (1'ublfc Woclts) 28 Drive�vay/Curb Cut Permits 28 Temporary & Pernianent 16 Docume�tts Temp. "No Parking" (P.D.) 24 Comprchensive Guide 20 Permits Temp. "No Parking" (P.W.) 28 Special Assessment Searcl�es 21 After-the-Fact Tees 5 Municipal Code/Ordivauce 20 Building Peruiit rees 8 Ulility Rate & Misc. 25 Realtors Listing Info 21 Burning Permit ree 18 _ Annual Service Charge (Septic) 15 Cert. of Occupancy 8 Brush Drop Off Fee 26 False Alarnt User Pee 23 Demolition Permit Fee 8 Recycling Cl�arge 26 Docks Replacement Bins 26 Golf Course Rates 27 Commercial 8 Residential 8 Zonirtg Applications I�tspectioris Fire Protection 18 After-tlie-Fact Fees 5 Contractuat Inspection Service 19 Firearms Permit I+ee 23 Amendments 3 Special Inspection Cl�arges 18 Fireworks Permit Fee 23 Appeal of Admin. Decision 5 ^ ' Well Slte Inspection 18 Grading, Excavating, Filling 16 Commercial Site Plan 2 Large Assembly Permits 23 Condit�mial Use Permit Fees 1 License$ & Miscella�:eous . Mecl�anical Permit I'ees 9 Industrial Revenue Bond Appl 5 After-Tl�e Fact Tees ' S Move/Lift Building Permit Tee 17 Park Dedication Fees 7 Amusement Devices 23 Municipal Iiook up 10 PUD Rezoning 3 ' Animal Impound Tees 22 (Sewer/Water) Rezoning Application Fee 3 Beer, Wine & Liquor License 22 On-Site Systems (Septic) 15 Rip Rap Application Fee 5 Cigarette License 20 Outhouse Construction 15 Special Lnprovements Appl 4 Commercial Marina License 19 Parades & Special �vents 23 Subdivision Application Fee 2 Dog License 21 Plumbing Permit 9 Surcharge for Staff Expense 5 Dance (Public) License 23 Vacation Application Fee 3 Gambling/Raflle License 20 Variance Application Fee 1 ORDINANCE NO. 12 3, SECOND SERIES AN ORDINANCE ADOPTING THE 1994 FEE SCHEDULE � AN ORDINANCE REPEALING ORDINANCE NO. 111 SECOND SERIES The City Council of the City of Orono ordains Section 1. Ordinance Renealed. Ordinance No. 111 Second Series, entitled 1993 Fee Schedule is hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees effeMive during the calendar year 1994: SECTION 1. Fees. ZONING APPLICATIONS All fees are annlication fees and are non-refundable after staff work has begun on the application. Applicable Annlication Tvue Fee Code Section VARIANCE $200.00 10.06, Subd 3 (D) (Flexible applications involving more than one variance will require an additional $50.00 payment per each variance) Variance for Non-Conforming Use � $200.00 RENEWAL VARIANCE $100.00 10.06, Subd 3 (D) (No change from original application) CONDITIONAL USE PERMIT (One charge per project) 10.09, Subd 3 Residential Accessory Use (Animals, etc.) $125.00 10.09, Subd 3 Institutional Use (School, Church, etc.) $200.00 10.09, Subd 3 . Duplex Credit ( per building $150.00 10.09, Subd 3 Guest House/Guest Apartment $175.00 Commercial/Industrial Use $250.00 10.09, Subd 3 1 ZONIIVG APPLICATIONS (CONT.) Applicable Anplication Tvne Fee Code Section CONDITIONAL USE PERMTf Continued (One Charge per Project) . 10.09, Subd 3 Land Alteration: $200.00 + permit Grading, �Iling, etc. (over 100 cubic yards) Sea walts, retaining walls within 0-75' lakeshore PRD Application with Subdivision Subdivision Fee plus$30.00 per dwelling unit PRD Application without Subdivision $ 35.00 per dwelling unit (minimum $150.00) PID Applications $150.0(1 per acre (minimum $350.00) Renewal Conditional Use Permit $100.00 (no change from original application) Conditional Use Permit with Variance Add$ 50.00 for each variance After-the-Fact Fees Doubie Application Fee Res. !{1306 & �i1309 COMMERCIAL STTE PLAN $200.00 + Consultant Fee SUBDIVISION Sketch Plan (Class I, II, & IIn $200.00 11.10, Subd 7(A) Preliminary Review $300.00 11.10, Subd 10(A) (B) (Class I & II Subdivisions) Preliminary Review $325.00 + $25/lot 11.10, Subd 10(C) (Class III and all non-residential) ($400/3 lots; $425/41ots) Final Plat Review (Class III) $175.00 + Special Legal/Engineering Charges 11.10, Subd 17(A) (9) Filing Fees: a) Subdivision only $75.00 11.10, Subd 17 (A) (11) b) Subdivision + Easements & $200.00 Minimum plus any additional costs Covenants Renewal of Preliminary Subdivision Application $150.00 (No change from original application) . Renewal of Final Subdivision Application $100.00 (No change from original application) ZONII�TG APP'LICATIONS (CONTJ Applicable , A�plication Tvae Fee Code Section PUBLIC ROAD VACATION $ 50.00 per benefitting Section 10.11 property ($250.00 minimum per application) EASEMENT VACATIONS WTTH SUBDIVISION APPLICATIONS $ 75.00 Section 10.11 EASEMENf VACATIONS NOT ASSOCIATED WITH $175.00 5ection 10.11 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $300.00 Section 10.11 PUD Rezoning - Allowed only within area adjacent to Highway 12 as defined Ord. 74, 2nd Series in Comprehensive Plan Amendment No. 2 Section 10.53 PUD Rezoning: Residential $300.00 + $40.00 per dwelling unit Commercial/Industrial $150.00 per acre (min. $350.00) REQUEST TO AMEND COMPREHENSIVE PLAN $300.00 Section 10.11 3 ZONING APPLICATIONS (CONT.) � Applicable ,A��lication 'h�ue Fee Code Section SPECIAL IlVIPROVEMENTS Section 11.12, Subd 4 Non-refundable charges for City Engineer's review for applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $600.00 plus 50!/lineal foot Proposed Public Roads $900.00 plus 50!/lineal foot Request for City to accept existing private road $900.00 Request for City to maintain unimproved public road $200.00 Proposed Sanitary Sewer Main Extension . $250.00 plus $25.00 per stub Proposed Watermain Extension $250.00 plus$25.00 per stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System -Site Evaluation Review $ 50.00 per new lot proposed � (applicable to rural subdivision applications) for on-site 4 ZONING APPLICATIONS (CONT.) Applicable Aaalication T�pe Fee Code Section RIP-RAP StafF Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $100.00 + CUP review b) Repair previously approved Staff permit = $100.00 APPEAL OF ADMI1vISTRATIVE DECISION $100.00 10.65, Subd 3 (D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: 0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Section 10.11 Per Fee Schedule set forth below: Professional Time $ 30.00/hour Clerical Time $ 18.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-TIiE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving , permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. 5 ZONING APPLICATIONS (CONT.) Applicable Aanlication Tvne Fee Code Section Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a . special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the fee set forth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount). Res. 1306 6 ZONING APPLICATIONS (CONT.) Applicable Code Section PARK DEDICATION FEES I Municipal Code Section 11.62 - Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residentia!/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8% of the land being platted or subdivided. (Excltisive of lot that includes an existing residence.) (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platted or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. 7 CONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit Tvne Fee Code Section BUII.DING PERMIT (Ord. 216) Minimum Fee $ 15.00 Normal Fee (per 1988 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1988 UBC/SBC Standard Schedule) Residential 65% of Building Permit Fee Building Valuation Standard (per Current I.C.B.O. Buiiding StandardsBuilding Valuation Data) ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUII.DING PERMIT $ 50.00 (change in use) RETAINING WALLS (in excess of 42" also $15.00 minimum multiple tiered walls that exceed 42" (per 1988 UBC Standard Schedule) and not located in lakeshore protected area) , TREE REMOVAL WITHIl�10-75' $ 30.00 Ord. 10.22 Subd 3 DOCKS -RESIDENTIAL $ 30.00 (Permanent and Initial Seasonal) DOCKS - COMIVVIERCIAL Per 1988 UBC/SBC Standard Schedule DEMOLITION PERNIIT (Ord. 216) I Principal Structure $ 50.00 Initial inspection $ 25.00 for each requested or required inspection beyond initial inspection Accessory Structure $ 30.00 Initial inspection 8 . CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) � Applicable Permit Tvpe Fee Code Section PLUMBING PERMIT $ 35.00 minimum per project 1.25% of contract price Mail-in postage & handling charge $ 1.50 MECHANICAL PERMIT Minimum Fee for any Mechanicai Permit $ 35.00 per project Mail-in postage & handling charge $ 1.50 Residential. Single Familv & Duplex bv Unit Tvae 1.25°l0 of contract price Under Ground Tank Removal Per mechanical permit fees 9 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvae Fee Code Section Commercial. Industrial and Multi-Familv Residential bv Unit Tvae $ 35.00 minimum fee 1.25% of contract price SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems $ 35.00 minimum fee 1.25% of contract price Plan Review = 65% permit fee Surcharge based on valuution -kitchen �re extinguishing system $ 35.00 per system M[JNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 35.00 Water $ 35.00 5/8" meter including sales tax $133.00 3/4" meter including sales tax $181.00 1" meter including sales tax $235.00 larger meter quote basis Mail-in postage & handling charge $ 1.50 (sewer and water permits only) 10 ALL SAr1ITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection . charge may be in addition to any assessment.) Of�ce Use Only Bv District - Proiect *Credit to Fund 1963 ST-lA, LS-lA or STl-B, LSl-B $225.00 + $472.00 per acre 1 + 34.20 per F.F. 1964 LS-lA or LS-1B $225.00 + $ 35.00 per F.F. 1 1965 LS-1 $225.00 + $ 51.50 per F.F. 1 1965 LS-lA , $225.00 + $ 37.50 per F.F. 1 1967 LS-1 $224.60 per unit 1 + $ 22.40 per F.F. 1969 LS-1 Shore Hills $225.00 + $11,126.00 per unit 1 1969 LS-2 Chevy Chase $7,971.00 per unit 1 1970 LS-1 Sage Hill $225.00 + $4,263.00 per unit 1 � + $26.25 per F.F. 1971 LS-1 Dunwoody $225.00 + $3,883.00 per unit 1 + $ 23.85 per F.F. 1973-1 $7,529.00 per unit 1 + $ 35.70 per F.F. 1980-1 Minnetonka Bluffs $9,623.00 per unit 2 West Ferndale/County Road 15 $28,125.00 per unit 2 Orono Lane $18,018.00 per unit 2 County Road 15 Marinas $7,501.00 per unit 2 1980-2 North Shore Drive/Scotch Pine Lane $26,519.00 per unit 2 . 1981-1 North Shore Drive/Highwood $11,510.00 per unit 2 1982-1A Navarre Utilities $2,453.00 per unit 3 + $1,006.50 trunk area 1982-1B Navarre Utilities Northern Avenue $225.00 + $2,649.00 per acre $225.00= 1 + $198.65 trunk unit acre/unit= 3 1985-1 Crystal Bay $11,633.00 per unit 4 1983-1 Highway �2 Orono-Long Lake-Medina $1,093.00 per unit 2 1989 Highway 12 -Phase I -North Side - $1,742.00 per unit 1 Brown Road to Willow Drive 1989 Highway 12-Phase II Future Trunk Expansion $1,735.00 per unit 1 ' 11 ALL SAI�TITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deecned to be required in the sole discretion of the City. If an improvement is required, the connection • charge may be in addition to any assessment.) Of�ice Use Only Bv District -Proiect *Credit to Fund 1992 Stubbs Bay Sewer - (See Area Map) I Stubbs Bay NE/NW - Bayside East $13,097.00 per unit 6 II Bederwood $20,274.00 per unit 6 III Bayside North $17,163.00 per unit 6 IV Oxford $24,225.00 per unit 6 , V Cygnet and Leaf $19,579.00 per unit 6 Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 � 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 • ALL SATIITARY 5EWER CONNECTION CHARGES (If not previously assessed or if an improvement proJect is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) � Bv District -Proiect I. An additional fee is charged for properties benefitting from 1984 forcemain and lift station /l7 upgrade, as follows (see map for affected areas): Initial f/6 �/7 Office Use Only Charge Bv Pass Forcemain *Credit to Fund . 1. Existing Properties/Increase Previously Previously $444.00 5 Paid Paid 2. New Bldgs Replacing Previously Previously If usage 5 Existing Bldgs Paid Paid increases from existing $444.00 3. New Residential W/Existing Previously Previously $1,284.50 5 Stub Paid Paid 4. New Residential Without $225.Op(1) $198.60(3) $1,284.50(S� 1, 3 & 5 Stub 5. F�eshwater Biological $225.00(1) $198.60(3) $500/unit on (� 1, 3 & 5 connection (already assessed $2,000/ac) . 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 13 ALL SA1vITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole dLscretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) Bv District -Proiect II. An additional fee is charged for properties benefitting from the 1989 gravity line and lift station#10 by-pass per Resolution#2671,as follows(see map for affected areas): Initial �10 Office Use Only Charee Bv-Pass *Credit to Fund Property Without Stub $225.00 $2,269.00 1 The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that affected project area. Such connections are subject to City Council approval. Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 � 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 ALL MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment) Office Use Only � District -Proiect *Credit to�nd • 1967 LW-1 Highway 12/Crystal Bay Road $3,905.50 per unit 1 + $29.00 per F.F. 1969 LW-2 Chevy Chase $3,870.00 per unit 1 1970 LW-1 Navarre Residential $1,933.00 per unit 1 + $19.30 per F.F. 1970 LW-1 Navarre Commercial $2,901.00 per unit 1 + $29.00 per F.F. 1982-1A Navarro $2,060.50 per unit 2 1989 Highway 12 -Phase I-North Side $ 992.00 per unit 1 Water Trunk-Brown Rd to Willow Dr 1989 Highway 12 Phase II Water Tower, $3,010.00 1 Well, Pumphoase ON-SITE SYSTEMS (Ord. 210) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 50.00/per new lot � Residential System Permit: Repair existing system $ 50.00 New/Replacement System $100.00 + $20.00 per each inspection over 3 (Includes outhouse on Big Island) Non-Residential System Permit: New or Total replacement $100.00 + $20.00 per each inspection over 4 , Partial replacement $ 60.00 + $20.00 per each inspection over 2 Annual Service Charge' $ 50.00/system/year plus Section 12.30, Subd 8(C) an additional $10.00 fee for late penalty plus 8% . interest for unpaid charges certified Water Connection Charges 15 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvae Fee Code Section • GRADING, EXCAVATION, FILLING - 1-100 cubic yard (max. 10 loads) $ 50.00 (staff permit) ($100.00 if engineering fee necessary) - 101 + cubic yards $ 75.00 + Conditional Use Permit + $25.00 per each inspection over lst NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. SIGNS Temporary $ 30.00 Permanent (Per 1988 UBC/SBC Standard Schedule) . , _.� CONSTRUCTION PERMITS AND INSPECTION FEES (CON'T.) Applicable Permit Tvue Fee Code Section BUILDING MOVING OR LIFI'ING (Ord. 227) Fees for this activity are in addition to reauired building or demolition permits. Fees and any necessary surcharges are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. -Lifting accessory buildings $ 30.00 (no move across lot lines) -Lifting principal buildings $75.00 + engineering fee if necessary (no move across lot lines) (includes pre-lift inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max. 8'6" wide/max. 13'6" high/max. 48' long -Moving accessory building larger than $ 50.00 normal highway clearance -Moving principal buildings over any lot $150.00 line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or term- inating in Orono (includes all over- size loads exceeding 8'6" wide and/or 13'6" high 48' long). � -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50.00 within Orono � b) Building outside Orono to be moved $150.00 into Orono (max. radius 25 miles) 17 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvpe Fee Code Section SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30.00 (when cailed by owner) Inspection surcharge for work or $30.00 per trip + boat rental if application on Big Island or transportation is not Deering Tsland provided by owner Reinspection fee after failure to comply $ 30.00 per trip + $30.00 per with Building, Septic or Zoning Code hour after lst hour Correction Notice -3rd trip Well Site Inspection No Charge FIItE PROTECITON (Ord. 223) Fire Prevention Inspection No Charge Fire Code Permits $ 30.00 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65% of permit fee BURNING PERMITS Up to 5 times per year No Charge For Each Reinspection $ 20.00 _ More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) 18 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvae Fee Code Section CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.00 per month (Includes clerical time) Inspection Charge $ 15.00 per inspection Plan Review Charge SBC/UBC Schedule Clerical Fee (Only charged if clerical $ 15.00 per hour use is excessive) LICENSES & MISCELLANEOUS CHARGES Zoning Deaartment Administered COMII�RCIAL MARINA LICENSE Application Fee (initial) $300.00 Renewal Application & Inspection Fee $200.00 (annual) plas: -late fee $100.00 JOINT USE DOCK LICENSE Application Fee (initial) $ 50.00 Renewal Application Fee $ 20.00 Plus each slip $ 2.00 . Late Fee $ 25.00 SEPTIC INSTALLERS LICENSE- Annual $ 50.00 SITE EVALUATOR LICENSE- Annual �100.00 GARBAGE HAULER LICENSE- flat rate $ 30.00 - per hauler $ 15.00/truck -transfer fee $ 30.00 19 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Permit Tvqe Fee Code Section HOME OCCUPATION LICENSE $ 50.00 Initial Review Fee � $ 30.00 (Annual Review Fee) TEMPORARY TRAII.ERS & BUILDINGS $ 30.00 LICENSE Zonin¢Deoartment Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan - 1980 $30.00 (with amendments) Municipal Code Book-complete $ 60.00 w/binder (Ch. 1-12 w/revisions) Municipal Code Book-Portions Ch 1 thru 9 (Book 1) w/revisions $ 35.00 loose Ch 10 thru 12 (Book 2) w/revisions $35.00 loose Ch IO only (Zoning Code) w/revisions $ 25.00 loose Ch 11 only (Subdiv. Code) w/revisions $ 15.00 loose Other Individual Chapters $ .25/page Binder � $ 5.00 Comp. Plan Amendment �l2 (Hwy 12) $ 5.00 City Maps $ 2.00 each Topographic Information $ 12.00 per acre . Building & Planning Publications As Posted -Prices subject to change General Administrative Licenses Cigarette Sales Licenses - per quarter $ 5.00 5.24 Gambling & Raftle License $ 10.00 5.23 Solicitation License $ 20.00 5.30 Up to 10 solicitors - $1.00 each additional solicitor in Orono. Applicant must list only persons that will solicit in Orono. LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable . Fee Code Section General Administrative Documents Continued Listing Information $ 10.00 Assessment Search - Written $ 10.00/parcel (Verbal searches not given) Copy Service (for public City records only) $ .25 each 11" x 17" copies $ 1.00 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Documents that $ 2.50 (Approximately 5 working days) have been microfilmed Building Plan Copies and/or Cost of Copying, Messenger Tape Recording Duplication Service & Min. Clerical Fee of$5.00 (entire amount to be paid upon request) Current Street Address Book $ 12.75 Doss & Kennels DOG LICENSES 9.12 Biannual License (issued in odd years) $ 15.00 Annual License (issued in even years only) $ 7.50 KENNEL LICENSES 5.36 Commercial Application & Inspection Fee $150.00 (Annual) . Residential Application & Inspection Fee $ 25.00 (Annual) NOTE: Dogs kept in residentiai kennels must be individualiy licensed. Residential kennel fee is in addition to dog license fees. 21 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Permit Tvae Fee Code Section DOGS AT LARGE -RELEASE FEE 9.12 First Offense $ 20.00 Second Offense $ 30.00 Third Offense $ 40.00 After Hour & Weekend Release Charge $ 45.00 , ANIMALS AT LARGE (Other than dogs) -Release Fee 9.13 �rst Offense $ 20.00 Second Offense $ 35.00 Third Offense $ 50.00 Trace & Catch Animal $ 20.00/hour Trailer Charge $ 20.00 plus .25 mile (total distance) CARE OF IlbIPOUNDED ANIMAL Actual Cost Police Denartment Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor $500.00 per License Coilected at Application In state investigation Actual cost up to$10,000 Out state investigation Actual cost Initial Investigation -Beer/Wine $150.00/person Res. 1306 Off-Sale Liquor License $150.00 4.30 Bond Requirement $5,000.00 . On-Sale Liquor License $4,000.00 4.30 On-Sale Wine License $750.00 4.40 3.2 Beer Off-Sale (Annual) $ 25.00 4.20 3.2 Beer On-Sale (Annual) $ 75.00 4.20 Setups (Annual) $100.00 4.60 Club Liquor License (weekday) $100.00 4.50 . (Sunday) $200.00 4.50 Temporary Set-up Permit (one day) $ 25.00/each 4.61 Temporary Beer Permit (one day) $ 15.00/each 4.21 LICENSES & MISCELLANEOUS CHARGES (CONT.) . � Applicable A�ulication Tvae Fee Code Section Police Deaartment Administered - Continued AMUSEMENT DEVICE LICENSES 5.20 Per Establishment (Annaal) $100.00 + machine fee Per Machine Fee $ 25.00 each PUBLIC DANCE LICENSE (annual) $100.00 5.21 (Individual Permit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 FIItEWOIiKS PERMIT $ 50.00 9.10 FIREARMS DISCHARGE PERMIT 9.10 � Occasional (limited ase) $ 10.00 Game Animals pimited use) $ 25.00 Annual (Club Only) $ 20.00 LIlIIITED TRAPPING PERMIT $ 20.00 9.11 Ord. 232 Ord. 243 PARADES & SPECIAL EVENTS PERMIT $ 50.00 6.08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge . (1-3 total) Next 7 false alarms/calendar year $ 50.00 each call (4-10 total) Next 5 false alarms/calendar year $t00.00 each call (11-15 total) Each additional false alarm over 15/ $150.00 each call calendar year � 23 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Aaalication Tvne Fee Code Section Police Denartment Administered - Continued FINGERPRINTING SERVICE $ 10.00/application (Citizenship No Charge) COPY SERVICE -Police Records �rst Two Copies $ 3.00 Additional Copies $ 0.50 each COPY OF ACCIDENT REPORTS $ 3.00 each COPY OF DRIVER'S LICENSE RECORD $ 3.00 each COPY FROM MICROFICHE FII,E �rst Two Copies $ 5.00 Additional Copies $ .25 each "NO PARHING ORDER OF POLICE" $ 0.25 each paper signs (no lath included) PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utilitv Service Rates - Effective beginning Third Quarter 1991 MUNICIPAL SEWER RATE by unit: lst $ 51.15 per quarter • 2nd $ 48.25 per quarter by flow: $ 2.00/1000 gallon plus $2.90 per quarter per connection MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT For those properties unconnected between 16 months after service availability and up to 5 years after service availability and meeting the criteria set forth in Ordinance No. 106, Second Series, allowing for hookup time extension, shall be charged only for the City portion of the sewer unit rate and not for the MWCC portion of the sewer unit rate. . Stubbs Bay Area Un-Connected Properties $ 24.30 per quarter 25 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Utilitv Service Rates - Continued Area JIl Area A�2 Area !/3 Area �l4 . MIJNICIPAL WATER RATES Navarre Lona Lake Wavzata Orono/Hwv 12 Billing & Ready to Serve Chg $15.55/qtr $5.15/qtr $5.15/qtr $5.15/qtr Water Usage Rate $ 1.27/1000 gal $2.75/1000 gal $1.40/1000 gal $1.75/1000 gal Unconnected Property Chg $15.55/qtr -0- -0- -0- (ready to serve/hydrant chg) ' Fee Federally Mandated Safe Drinking Water $ 5.21 per year on second quarter billing Testing Program (Charged per service connection) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area 1{1 Rate $15.55/qtr billing charge plus$1.27/1000 gallon total tlow at border meter. Penalty for late payment of sewer/water bills - 15% after 45 days from billing date. Interest at 8% on unpaid water/sewer bills certi�ed. Water Turn-On $ 17.50 Water Turn-off $ 17.50 Water System Repair/Repiacement if dam�ge caused by property owner: Labor - Current Hourly Rate Parts - At Cost RECYCLING CHARGE $ 16.00/year � Recycling Container -Initial No Charge Replacement (including sales tax) $ 6.50 each Brush Drop Off Fee $ 3.00 per cubic yard $ 1.00 minimum fee PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Fee GOLF COURSE CHARGES -EffeMive date 1994 Season • Monday thru FYiday (excluding Holidays) ' Begin Play Before 12:00 Noon � lst Nine Holes $ 7.00 2nd Nine Holes $ 5.00 After 12:00 Noon and Weekend Rates lst Nine Holes � $ -8.� $.�p.� ' 2nd Nine Holes ' $ 6.00 League Rates Monday thru Friday $ 8.00 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon -Weekdays lst Nine Holes $ 5.00 2nd Nine Holes $ 5.00 . Season Ticket (Senior Citizens Only) $120.00 GOLF CART RENTAL Motorized: lst Nine Holes (After 12:00 & Weekends) $ 10.00 2nd Nine Holes $ 8.00 Monday thru Friday (Excluding Holidays) lst Nine Holes $ 6.00 Begin Play Before 12:00 Noon lst Nine Holes $ 7.00 2nd Nine Holes $ 7.00 , Pull Carts -Per Round $ 2.00 Golf clubs -Per Round $ 2.50 STUDENT RATE (AGES 12 - 1� Begin Piay Before Noon Monday -Friday, Excluding Holidays lst Nine Holes $ 5.00 2nd Nine Holes $ 5.00 CONCESSIONS As Posted 27 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) PUBLIC WORKS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75.00/std. sign (sale includes installation) Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) ' Temporary No Parking Signs (with lath) $ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $30.00/permit New Street Intersections (See zoning section - Special improvement fees) SECTION 2. This ordinance establishing the 1994 Fee Schedule shall be published in the Laker and Roneer Newspaper and shall be effective the week of January 3, 1994. Adopted by the City Council of the City of Orono on this 13th day of December, 1993. A ST• dward J. Callah , Jr., ayor r hy M. i City Clerk . Summary ordinance published in the Laker/Pioneer newspaper the week of � 2 �T 7� 28 i 1 �..... • t " �r• . / -.`��'{ 1 � :j �J.��,�i l ��• . . � • ,, � }ll��: � w 1,. �,�,. s . '�� .... : .. i. . . . . : . • . . ' . •. . • � - ...' � • .•�f` �'! � � I � " .t � � I �. .. � . . ° _!_ . . .. :. . ti:_„•:^,'' -. : ,_:_- :,:_ � � • •�•� � " . HsV:� . . • t .y� �1 � ! ,/,J" I � ' : .. :'••,:'-b--+'�.-:::;.�;Y� a�':� Y Z • i . i . •i i• . - - .-..`,�1'e-`,�,�-^�;;;',�.+,`S+:i-� . Q �. . • � • ;••.': .s• :.j" , i � / I �{ � ` � ' . . . •'�:.' . . ' ::i'.' � n � . . . . .. � . .. _'•��'�� - _ .'� ,•,' .i / � j-� � ( ►` ` C ,f , I 1 .. _ . .. . 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LOT AREA I��- � ���� • ��201 us1• � i�i1 t 60 �y VACANT LOT r ' f.��`t� � SEE SPECIAL NOTE BELOW D M`.�'� . + I 0 j GROUPING FOR ASSESSMENT PURPOSES � Z�'po ��1�J ; � c:e� `QS a7�� ' A� CiT-`�( PA-R!c t�-r �oT s�Rv�D � r � %s:: �10- --—• . � �i:f � .�u �o�i�� n 53 l.l.o.a �A . V ' `; � �rn• a ` N . � 3� / h•`~� E'(GNET PL •I . • • �1� �tl • `' ti�� .,��•. aso : ,�4d� � ��2�h • � • ]65 ..�y •• n '�� '�c i9t 1 ie): f�r1 itol ' O.L�� ' 0.�= 0.7a� ..�,•� (11 r n �� �, , .7BS .' ' � �.�` . =� 3.t�M . . ;:,*I�.;.,;� ,�� ,; � ; � � ���/P.s�y ,. �z�� . . ,,• ���-�,L., A � .,ya ti ' r�� ' _ l�� (tqA � ISu . .h Qo . � q �r w., c,p --_ y t'�r , _ c� 1•� ' a �, �•�r, i . � , a .'� ��q 9 "�,ri� a� •A� 3io � , r ; ..�� �, , . �ti1 I. • 3�D tn1 u ' ,� � .� � tn1 _ . � �� '•.,, i( J• � DIRL'CTORI JR 1994 F�E SCHEDUL� Copy Charges Page Licenses & Miscellcrneous (Cont.) Page Permits (Cont.) Page Administration 21 Garb�ge Haulers License 19 Retaining Walls 8 Accident Reports 24 Hoiue Occ�ip�tion Liceuse 20 Sprinlder Systems - Commer., 10 Building Plan Copies 21 Joint Use Dock Lice�ase 19 Trappiug Permit (limited) • 23 Copy Microfiche rile - PD 24 Kem�el License 21 Underground Tank Removal 9 Copy Service - Police Dept 24 Septic Installers License 19 Water Meter Fees 10 Reprint Oversized Documents Site �valuatiou License 19 on Micro�l►�� 21 Solicitation License 20 Services Tape Recording Duplication 21 Temp. Trailer/Building License 20 ringerprinting (Police) 24 • Water Turn-Oft' Charge 2G Maps For Sale 20 Water Turn-On Cl�arge 26 Coiuiectiort Cliarges • Sai�itary Sewer 11 Public Works Srrpplies & Services Sigrts Municipal Watcr 15 Driveway Culvcrls 28 Stccct Sigi�s (Yublic Worlcs) 28 Drive�vay/Curb Cut Permits 28 Ten�porary & Pcrn�anent 16 Docunte�tts Temp. "No Parking" (P.D.) 24 Comprcl�cnsive Guide 20 Perntits Temp. "No Parking" (P.W.) 28 Speci�i Assessiuent Searcl�es 21 After-the-r�ct I'ees 5 Municipal Codc/Ordinaucc 20 Bi�ilding Pcru�it I�ecs 8 Utilily Rate & Misc. 25 Rcaltors Listing Info 21 Burning Pcrmit rcc 18 Annual Service Cl�arge (5eptic) 15 Cert. of Occupancy 8 Brush Drop Off Fee 26 Talse Alarnt User Fee 23 Demolition Peru�it Fee S Recycling Charge 26 Docks Replacement Bins 26 Golf Corc►se Rates 27 Commercial 8 Residential 8 Zoning Applications Inspeclio�ts Tire Protection 18 After-the-Fact Fees 5 Contractual Inspection Service 19 Firearms Permit ree 23 Amendments 3 _ Special Inspection Cliarges 18 Fireworlcs Permit Fee 23 Appeal of Admin. Decision 5 • Well Site Inspection 18 Grading, �xc�vating, Filling 1G Commercial Site Plan 2 Large Assembly Permits 23 Conditional Use Permit Fees 1 License� & Miscella�:eous Mechanical Permit I'ees 9 Industrial Revenue Bond Appl 5 After-Tl�e Fact rees � 5 Move/Lift Building Permit Fee 17 Park Dedication Fees 7 Amusement Devices 23 Municipal Hook up 10 PUD Rezoning 3 � Animal Impound Fees 22 (Sewer/Water) Rezoning Application Fee 3 Beer, Wiiie & Liquor License 22 On-Site Systems (Septic) 15 Rip Rap Application Fee 5 Cigarette License 20 Outhouse Construction 15 Special Improvements Appl 4 Commercial Marina License 19 Parades & Special �vents 23 Subdivision Application Fee 2 Dog License 21 Plumbing Permit 9 Surcharge for Staff Expense 5 Dance (Public) License 23 Vacation Application Fee 3 Gambling/Rafl7e License 20 Variance Application Fee 1 ORDINANCE NO. , SECOND SIItIFS AN ORDINANCE ADOPTING THE 1994 FEE SCHEDULE . AN ORDINANCE REPEALING ORDINANCE NO. 111 SECOND SIItI�,S The City Council of the City of Orono ordains Section 1. Ordinance Reuealed. Ordinance No. 111 Second Series, entitled 1993 Fee Schedule is hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees effective during the calendar year 1994: SECTION 1. Fces. ZOI�TING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the application. Applicable Aaplication Tvae Fee Code Section VARIANCE $200.00 10.06, Subd 3 (D) (Flexible applications invoiving more than one variance will require an additional $50.00 payment per each variance) Variance for Non-Conforming Use $200.00 RENEWAL VARIANCE $100.00 10.06, Subd 3 (D) (No change from original application) CONDTTIONAL USE PERMIT (One charge per project) 10.09, Subd 3 Residential Accessory Use (Animals, etc.) $125.00 10.09, Subd 3 Institutional Use (School, Church, etc.) �$200.00 10.09, Subd 3 . Duplex Credit ( per building $150.00 10.09, Subd 3 Guest House/Guest Apartment $175.00 Commercial/Industrial Use $250.00 10.09, Subd 3 1 ZONIl�TG APPLICATIONS(CONT.) Applicable Aaalication Tvne Fee Code Section CONDITIONAL USE PERMIT Continued (One Charge per Project) 10.09, Subd 3 Land Alteration: $200.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore PRD Application with Subdivision Subdivision Fee plus $30.00 per dwelling unit PRD Application without Subdivision $ 35.00 per dwelling unit (minimum $150.00) PID Applications $150.00 per acre (minimum $350.00) Renewal Conditional Use Permit $100.00 (no change from original application) Conditional Use Permit with Variance Add $ 50.00 for each variance After-the-Fact Fees Double Application Fee Res. �1306 & �/1309 COMMERCIAL SITE PLAN $200.00 + Consultant Fee SUBDIVISION Sketch Plan (Class I, II, & III) $200.00 11.10, Subd 7(A) Preliminary Review $300.00 11.10, Subd 10(A) (B) (Class I & II Subdivisions) Preliminary Review $325.00 + $25/lot 11.10, Subd 10(C) (Class III and all non-residential) ($400/3 lots; $425/41ots) Final Plat Review (Class IIn $175.00 + Special Legal/Engineering Charges 11.10, Subd 17(A) (9) Filing Fees: a) Subdivision only $ 75.00 11.10, Subd 17 (A) (11) b) Subdivision + Easements & $200.00 Minimum plus any additional costs Covenants Renewal of Preliminary Subdivision Application $150.00 (No change from original application) . Renewal of Final Subdivision Application $100.00 (No change from original application) . � ZONING AP'PLICATIONS (CONT.) Applicable Aoalication Tvne Fee Code Section PUBLIC ROAD VACATION $ 50.00 per benefitting Section 10.11 property ($250.00 minimum per application) EASEMENT VACATIONS WITH SUBDIVISION APPLICATIONS $ 75.00 Section 10.11 EASEMENT VACATIONS NOT ASSOCIATED WITH $175.00 Section 10.11 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $300.00 Section 10.11 PUD Rezoning - Allowed only within area adjacent to Highway 12 as defined Ord. 74, 2nd Series in Comprehensive Plan Amendment No. 2 . Section 10.53 PUD Rezoning: Residential $300.00 + $40.00 per dwelling unit Commercial/Industrial $150.00 per acre (min. $350.00) REQiTEST TO AMEND COMPREHENSIVE PLAN $300.00 Section 10.11 3 ZONING APPLICATIONS (CONT.) Applicable Aaalication Tvpe Fee Code Section SPECIAL IlVII'ROVEMENTS Section 11.12, Subd 4 Non-refundable charges for City Engineer's review for applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $600.00 plus 50�/lineal foot Proposed Public Roads $900.00 plus 50!/lincal foot Request for City to accept existing private ro$d $900.00 Request for City to maintain unimproved public road $200.00 Proposed Sanitary Sewer Main Extension . $250.00 plus $25.00 per stub Proposed Watermain Extension $250.00 plus $25.00 per stub Pcoposed Storm Sewer System (excluding culverts) $200.00 On-Site System - Site Evaluation Review $ 50.00 per new lot proposed (applicable to rural subdivision applications) for on-site � 4 ZONING APPLICATIONS (CONT.) Applicable Aualication Tvne Fee Code Section RIP-RAP . Staff Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $100.00 + CUP review b) Repair previously approved Staff permit = $100.00 APPEAL OF ADMIl�iISTRATIVE DECISION $100.00 10.65, Subd 3 (D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: 0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Section 10.11 Per Fee Schedule set forth below: Professional Time $ 30.00/hour Clerical Time $ 18.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. 5 ZONING APPLICATIONS (CONT.) Applicable Apalication Tvne Fee Code Section Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the fee set forth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of thc City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount). Res. 1306 6 ZONING APPLICATIONS (CONT.) Applicable Code Section ' PARK DEDICATION FEES I Municipal Code Section 11.62 Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.) (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platted or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. 7 CONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit Tvue Fee Code Section BUII,DING PERMIT (Ord. 216) Minimum Fee $ 15.00 Normal Fee (per 1988 UBC/SBC Standard Schedule) Plan Review Fee: � Commercial (per 1988 UBC/SBC Standard Schedule) Residential 65% of Building Permit Fee Building Valuation Standard (per Current I.C.B.O. Building Standards/Building Valuation Data) ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUII,DING PERMIT $ 50.00 (change in use) . RETAINING WALLS (in excess of 42" also $15.00 minimum multiple tiered walls that exceed 42" (per 1988 UBC Standard Schedule) and not located in lakeshore protected area) TREE REMOVAL WITHIN 0-75' $30.00 Ord. 10.22 Subd 3 DOCKS -RESIDENTIAL $ 30.00 (Permanent and Initial Seasonal) DOCKS - COMMERCIAL Per 1988 UBC/SBC Standard Schedule DEMOLITION PERMIT (Ord. 216) Principal Structure $ 50.00 Initial inspection $ 25.00 for each requested or required inspection beyond initial inspection Accessory Structure $ 30.00 Initial inspection 8 . CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) � Applicable Permit Tvae Fee Code Section PLUMBING PEItMIT $35.00 minimum per project 1.25% of contract price Mail-in postage & handling charge $ 1.50 MECHANICAL PERMIT Minimum Fee for any Mechanical Permit $ 35.00 per project Mail-ln postage & handling churge $ I.50 Residential. Sin¢le Familv & Dunlex bv Unit Tvue � 1.25% of contract price Under Ground Tank Removal Per mechanical permit fees 9 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) APPlicable Permit Tvne � Fee Code Section Commercial. Industrial and Multi-Familv Residential bv Unit Tvoe $ 35.00 minimum fee 1.25% of contract price SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems $ 35.00 minimum fee 1.25% of contract price Plan Review = 65% permit fee Surchnrgc bnsed on valuAtion -kitchen �re extinguishing system $ 35.00 per system MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 35.00 Water $ 35.00 5/8" meter including sales tax $133.00 3/4" meter including sales tax $181.00 1" meter including sales tax $235.00 larger meter quote basis Mail-in postage & handling charge $ 1.50 (sewer and water permits only) 10 • . . ALL SAIVITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection � charge may be in addition to any assessment.) Of�ce Use Only Bv District - Proiect *Credit to Fund 1963 ST-lA, LS-lA or STl-B, LSl-B $225.00 + $472.00 per acre 1 + 34.20 per F.F. 1964 LS-lA or LS-1B $225.00 + $ 35.00 per F.F. 1 1965 LS-1 $225.00 + $ 51.50 per F.F. 1 1965 LS-lA $225.00 + $ 37.50 per F.F. l 1967 LS-1 $224.60 per unit 1 + $ 22.40 per F.F. 1969 LS-1 Shore Hills $225.00 + $11,126.00 per unit 1 1969 LS-2 Chevy Chase $7,971.00 per unit 1 1970 LS-1 Sage Hill $225.00 + $4,263.00 per unit 1 + $ 26.25 per F.F. 1971 LS-1 Dunwoody $225.00 + $3,883.00 per unit 1 + $ 23.85 per F.F. 1973-1 $7,529.00 per unit 1 + $ 35.70 per F.F. 1980-1 Minnetonka Bluffs $9,623.00 per unit 2 West Ferndale/County Road 15 $28,125.00 per unit 2 Orono Lane $18,018.00 per unit 2 County Road 15 Marinas $7,501.00 per unit 2 1980-2 North Shore Drive/Scotch Pine Lane $26,519.00 per unit 2 . 1981-1 North Shore Drive/Highwood $11,510.00 per unit 2 1982-1A Navarre Utilities $2,453.00 per unit 3 + $1,006.50 trunk area 1982-1B Navarre Utilities Northern Avenue $225.00 + $2,649.00 per acre $225.00= 1 + $198.65 trunk unit acre/unit= 3 1985-1 Crystal Bay $11,633.00 per unit 4 1983-1 Highway 12 Orono-Long Lake-Medina $1,093.00 per unit 2 1989 Highway 12 -Phase I -North Side - $1,742.00 per unit 1 Brown Road to Willow Drive 1989 Highway 12-Phase II Future Trunk Expansion $1,735.00 per unit 1 � ' 11 ALL SA1vITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection . charge may be in addition to any assessment.) Office Use Only Bv District - Proiect *Credit to Fund 1992 Stubbs Bay Sewer - (See Area Map) I Stubbs Bay NE/NW - Bayside East $13,097.00 per unit 6 II Bederwood $20,274.00 per unit 6 III Bayside North $17,163.00 per unit 6 IV Oxford $24,225.00 per unit 6 , V Cygnet and Leaf $19,579.00 per unit 6 Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 � 0243753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 . ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) • Bv District -Proiect I. An additional fee is charged for properties benefitting from 1984 forcemain and lift station �/7 upgrade, as follows (see map for affected areas): Initial 116 #'7 Office Use Only Charee Bv Pass Forcemain *Credit to Fund 1. Existing Properties/Increase Previously Previously $444.00 5 Paid Paid 2. New Bldgs Replacing Previously Previously If usage 5 Existing Bldgs Paid Paid increases from existing $444.00 3. New Residential W/Existing Previously Previously $1,284.50 5 Stub Pa[d Paid 4. New Residential Without $225.00(1) $198.60(3) $1,284.50(5) 1, 3 & S Stub 5. Freshwater Biological $225.00(1) $198.60(3) $500/unit on (5) 1, 3 & 5 connection (already assessed $2,000/ac) . 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 13 ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) Bv District -Proiect II. An additional fee is charged for properties bene�tting from the 1989 gravity line and lift station#10 by-pass per Resolution�12671, as follows(see map for affected areas): Initial #10 Office Use Only Charae Bv-Pass *Credit to Fund Property Without Stub $225.00 $2,269.00 1 The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that affected project area. Such connections are subject to City Council approval. Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 ALL MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment) Of�ce Use Only By District -Proiect *Credit to Fund - 1967 LW-1 Highway 12/Crystal Bay Road $3,905.50 per unit 1 + $29.00 per F.F. 1969 LW-2 Chevy Chase $3,870.00 per unit 1 1970 LW-1 Navarre Residentiai $1,933.00 per unit 1 + $19.30 per F.F. 1970 LW-1 Navarre Commercial $2,901.00 per unit 1 + $29.00 per F.F. 1982-1A Navarro $2,060.50 per unit 2 1989 Highway 12 -Phase I -North Side $ 992.00 per unit 1 Water Trunk -Brown Rd to Willow Dr 1989 Highway 12 Phase II Water Tower, $3,010.00 1 Well, Pumphouse ON-SITE SYSTEMS (Ord. 210) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 50.00/per new lot Residential System Permit: Repair existing system $ 50.00 New/Replacement System $100.00 + $20.00 per each inspection over 3 (Includes outhouse on Big Island) Non-Residential System Permit: New or Total replacement $100.00 + $20.00 per each inspection over 4 _ Partial replacement $ 60.00 + $20.00 per each inspection over 2 Annual Service Charge' $ 50.00/system/year plus Section 12.30, Subd 8(C) an additional $10.00 fee for late penalty plus 8% interest for unpaid charges certi�ed Water Connection Charges 15 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvae Fee Code Section • GRADING, EXCAVATION, FILLING ' - 1-100 cubic yard ( max. 10 loads) $ 50.00 (staff permit) ($100.00 if engineering fee necessary) - 101 + cubic yards $ 75.00 + Conditional Use Permit + � $25.00 per each inspection over lst NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. SIGNS Temporary $30.00 Permanent (Per 1988 UBC/SBC Standard Schedule) CONSTRUCTION PERMITS AND INSPECTION FEE5 (CONT.) Applicable Permit Tvue Fee Code Section BUII.DING MOVING OR LIFTING (Ord. 227) Fees for this activity are in addition to required bnilding or demolition aermits. Fees and any necessary surcharges are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. -Lifting accessory buildings $ 30.00 (no move across lot lines) -Lifting principal buildings $75.00 + engineering fee if necessary (no move across lot lines) (includes pre-lift inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max. 8'6" wide/max. 13'6" high/max. 48' long -Moving accessory building larger than $ 50.00 normal highway clearance -Moving principal buildings over any lot $150.00 line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or term- inating in Orono (includes all over- size loads exceeding 8'6" wide and/or 13'6" high 48' long). -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50.00 . within Orono b) Buiiding outside Orono to be moved $150.00 into Orono (max. radias 25 miles) 17 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvue Fee Code Section SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30.00 (when called by owner) Inspection surcharge for work or $30.00 per trip + boat rental if application on Big Island or transportation is not Deering Island provided by owncr Reinspection fee after failure to comply $ 30.00 per trip + $30.00 per with Building, Septic or Zoning Code hour after lst hour Correction Notice -3rd trip Well Site Inspection No Charge FIItE PROTECTION (Ord. 223) Fire Prevention Inspection No Charge Fire Code Permits $ 30.00 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65% of permit fee BURNING PERMITS - Up to 5 times per year No Charge For Each Reinspection $ 20.00 More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) 18 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvne Fee Code Section CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.00 per month (Includes clerical time) Inspection Charge $ 15.00 per inspection Plan Review Charge SBC/iJBC 5chedule Clerical Fee (Only charged if clerical $ 15.00 per hour use is excessive) LICENSES & MISCELLANEOUS CHARGES Zoning Deaartment Administered COMMERCIAL MARINA LICENSE Application Fee (initial) $300.00 Renewal Application & Inspection Fee $200.00 (annual) plus: -late fee $100.00 JOINT USE DOCK LICENSE Application Fee (initial) $ 50.00 Renewal Application Fee � $ 20.00 Plus each s1iP $ 2.00 Late Fee $ 25,00 SEPTIC INSTALLERS LICENSE - Annual $ 50.00 SITE EVALUATOR LICENSE -Annual $100.00 GARBAGE HAULER LICENSE-tlat rate $ 30.00 - per hauler $ 15.00/truck -transfer fee $ 30.00 19 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Permit Tvae Fee Code Section AOME OCCUPATION LICENSE $ 50.00 Initial Review Fee � $ 30.00 (Annual Review Fee) TEMPORARY TRAILERS & BUILDINGS $ 30.00 LICENSE Zoning Deuartment Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan - 1980 $ 30.00 (with amendments) Municipal Code Book-complete $ 60.00 w/binder (Ch. 1-12 w/revisions) s Municipal Code Book-Portions Ch 1 thru 9 (Book 1) w/revisions $ 35.00 loose Ch 10 thru 12 (Book 2) w/revisions $ 35.00 loose Ch 10 oniy (Zoning Code) w/revisions $ 25.00 loose Ch 11 only (Subdiv. Code) w/revisions $ 15.00 loose Other Individual Chapters $ .25/page Binder � $ 5.00 Comp. Plan Amendment fl2 (Hwy 12) $ 5.00 City Maps $ 2.00 each Topographic Information $ 12.00 per acre , Building & Planning Pu6lications As Posted -Prices subject to change General Administrative Licenses Cigarette Sales Licenses - per quarter $ 5.00 5.24 Gambling & Raft7e License $ 10.00 5.23 Solicitation License $ 20.00 5.30 Up to 10 solicitors -$1.00 each additional solicitor in Orono. Applicant must list only persons that will solicit in Orono. LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Fee Code Section General Administratfve Documents Continued Listing Information $ 10.00 Assessment Search - Written $ 10.00/parcel (Verbal searches not given) Copy Service (for pubiic City records only) $ .25 each 11" x 17" copies $ 1.00 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Documents that $ 2.50 (Approxim�tcly 5 working dAys) have been micro�lmed Building Plan Copies and/or Cost of Copying, Messenger Tape Recording Duplication Service & Min. Clerical Fee of$5.00 (entire amount to be paid upon request) Current Street Address Book $ 12.75 Dogs & Kennels DOG LICENSES 9.12 Biannual License (issued in odd years) $ 15.00 Annual License (issued in even years only) $ 7.50 KENNEL LICENSES 5.36 Commercial Application & Inspection Fee $150.00 (Annual) Residential Application & Inspection Fee $ 25.00 (Annual) NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennei fee is in addition to dog license fees. 21 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Permit Tvue Fee Code Section DOGS AT LARGE -RELEASE FEE 9.12 First Offense $ 20.00 Second Offense $ 30.00 Third Offense $ 40.00 After Hour & Weekend Release Charge $ 45.00 ANIMALS AT LARGE (Other than dogs) -Release Fee 9.13 First Offense $ 20.00 Second Offense $ 35.00 Third Offense $ 50.00 Trace & Catch Animal � $ 20.00/hour Trailer Charge $ 20.00 plus .25 mile (total distance) CARE OF Il1ZPOiJNDED ANIMAL Actual Cost Police Department Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor $500.00 per License Coilected at Application In state investigation Actual cost up to $10,000 Out state investigation Actual cost Initial Investigation -Beer/Wine $150.00/person Res. 1306 Off-Sale Liquor License $150.00 4.30 Bond Requirement $5,000.00 On-Sale Liquor License $4,000.00 4.30 � On-Sale Wine License $750.00 4.40 3.2 Beer Off-Sale (Annual) $ 25.00 4.20 3.2 Beer On-Sale (Annual) $ 75.00 4.20 Setups (Annual) $100.00 , 4.60 Club Liquor License (weekday) $100.00 4.50 (Sunday) $200.00 4.50 Temporary Set-up Permit (one day) $ 25.00/each 4.61 Temporary Beer Permit (one day) $ 15.00/each 4.21 LICENSES � �vIISCELLANEOUS CHARGES (CONT.1 � Applicable Annlication Tvne Fee Code Section Police Denartment Administered - Continued AMUSEMENT DEVICE LICENSES 5.20 Per Establishment (Annaal) $100.00 + machine fee Per Machine Fee $ 25.00 each PUBLIC DANCE LICENSE (annual) $100.00 5.21 (Individual Permit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 FIItEWORKS PERMIT $ 50.00 9.10 FIREARMS DISCHARGE PERMIT 9.10 Occasional (limited use) $ 10.00 Game Animals (limited use) $ 25.00 Annual (Club Only) $ 20.00 LIMITED TRAPPING PERMIT $ 20.00 9.11 Ord. 232 Ord. 243 PARADES & SPECIAL EVENTS PERMIT $ 50.00 6.08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge , (1-3 total) Next 7 faise alarms/calendar year $ 50.00 each call (4-10 total) Next 5 false alarms/calendar year $100.00 each call (11-15 total) Each additional false alarm over 15/ $150.00 each call calendar year � 23 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Aualication Tvne Fee Code Section Police Denartment Administered - Continued FINGERPRINTING SERVICE $ 10.00/application (Citizenship No Charge) COPY SERVICE - Police Records Ftrst Two Copies $ 3.00 Additional Copies $ 0.50 each COPY OF ACCIDENT REPORTS $ 3.00 each COPY OF DRIVER'S LICENSE RECORD $ 3.00 each COPY FROM MICROFICHE FILE First Two Copies $ 5,00 Additional Copies $ .25 each "NO PARKING ORDER OF POLICE" $ 0.25 each paper signs (no Iath included) PUBLIC WOnKS DEPARTMENT MISCELLANEOUS C��ARGES Utilitv Service Rates -Effective beginning Third Quarter 1991 MUNICIPAL SEWER RATE by unit: lst $ 51.15 per quarter .. 2nd $ 48.25 per quarter , . by flow: $ 2.00/1000 gallon plus $2.90 per quarter per connection MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT For those properties unconnected between 16 months after service availabilfty and up to 5 years after service availability and meeting the criteria set forth in Ordinance No. 106, Second Series, allowing for hookup time extension, shall be charged only for the City portion of the sewer unit rate and not for the MWCC portion of the sewer unit rate. . Stubbs Bay Area Un-Connected Properties $ 24.30 per quarter 25 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Utilitv Service Rates - Continued Area f11 Area !/2 Area �l3 Area #4 MUNICIPAL WATER RATES Navarre Lone Lake Wavzata Orono/Hwv 12 Billing & Ready to Serve Chg $15.55/qtr $5.15/qtr $5.15/qtr $5.15/qtr Water Usage Rate $ 1.27/1000 gal $2.75/1000 gal $1.40/1000 gal $1.75/1000 gal Unconnected Property Chg $15.55/qtr -0- -0- -0- (ready to serve/hydrant chg) Fee Federally Mandated Safe Drinking Water $ 5.21 per year on second quarter billing Testing Program (Charged per service connection) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area Nl Rate $15.55/qtr billing charge plus $1.27/1000 gallon total flow at border meter. Penalty for late payment of sewer/water bills - 15% after 45 days from billing date. Interest at 8% on unpaid water/sewer bills certi�ed. Water Turn-On $ 17.50 Water Turn-off $ 17.50 Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost RECYCLING CHARGE $ 16.00/year Recycling Container - Initial No Charge Replacement (including sales tax) $ 6.50 each Brush Drop Off Fee $ 3.00 per cubic yard $ 1.00 minimum fee � ,a PUBLIC WOnKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Fee GOLF COURSE CHARGES -Effective date 1994 Season - Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon lst Nine Holes $ 7.00 2nd Nine Holes $ 5.00 After 12:00 Noon and Weekend Rates lst Nine Holes $ 8.00 2nd Nine Holes $ 6.00 League Rates Monday thru Friday $ 8.00 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays lst Nine Holes $ 5.00 2nd Nine Holes $ 5.00 Season Ticket (Senior Citizens Only) $120.00 GOLF CART RENTAL Motorized: lst Nine Holes (After 12:00 & Weekends) $ 10.00 2nd Nine Holes $ 8.00 Monday thru Friday (Excluding Holidays) lst Nine Holes $ 6.00 Begin Play Before 12:00 Noon lst Nine Holes $ 7.00 2nd Nine Holes $ 7.00 . Pull Carts - Per Round $ 2.00 Golf clubs - Per Round $ 2.50 STLJDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday - Friday, Excluding Holidays lst Nine Holes $ 5.00 . 2nd Nine Holes $ 5.00 CONCE5SIONS As Posted 27 PUBLIC WORKS DEPARTMENT NIISCELLANEOUS CIiARGES (CONT.) PUBLIC WORKS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75.00/std. sign (sale includes installation) Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) ' Temporary No Parking Signs (with lath) $ 1.00 each � Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (See zoning section - Special imprnvement fees) SECTION 2. This ordiaance establishing the 1994 Fee Schedule shall be published in the Laker and Pioneer Newspaper and shall be effective the week of January 3, 1994. Adopted by the City Council of the City of Orono on this 13th day of December, 1993. ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk Summary ordinance published in the Laker/Pioneer newspaper the week of 28 , �PUBLI� 1 KS DCPARTMCNT MISCCLLANEOUS CIiARGES (CONT.1 r�� GOLF COURSE CHARGES-Effective date 1994 Scason Monday thru Friday (excluding�Holidays) . Begin Play Before 12:00 Noon lst Ntne Holes $ 7.00 2nd Nine Holes $ 5.00 After 12:00 Noon and Weekend Rates lst Nine Holes $ 8.50 2nd Nine Holes $ 6.00 League Rates Monday thru Triday $ 8.00 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays lst Nine Holes $ 5.00 2nd Nine Holes $ 5.00 Season Ticket (Senior Citizens Only) $120.00 GOLF CART RENTAL Motorized: lst Nine Holes (After 12:00 & Weekends) $ 10.00 2nd Nine Holes $ 5.00 Monday thru Friday (Excluding Holidays) lst Nine Holes $ 6.00 Begin Play Before 12:00 Noon lst Nine Holes $ 7.00 2nd Nine Holes $ 7.00 Pull Carts -Per Round $ 2.00 Golf clubs -Per Round $ 2.50 ST[JDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday-Friday, Excluding Holidays lst Nine Holes $ 5.00 2nd Ninc Holes $ 5.00 CONCESSIONS As Posted 27 PUI3LIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) PUBLIC WORKS SUPPLIES & SCRVICES Fee • Street or Traf�c Signs $75.00/std. sign (sale includes [nstallation) Driveway Culverts. On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lath) $ 1.00 eacli Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (See zoning section -Special improvement fees) SECTION 2. This ordinance establtshing the 1994 Fee Schedule shall be published in the Laker and Pioneer Newspaper and shall be effective the week of January 3, 1994. ' Adopted by the City Council of the City of Orono on this 13th day of December, 1993. ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk Summary ordinance published in the Laker/Pioneer newspaper the week of 28 `.... 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LOT AREA �y VACANT LOT � SEE SPECIAL NOTE BELOW �' GROUPING FOR ASSESSMENT PURPOSES � = i � ,. . � `°\' `. �'sc,,r . ii; . . _. . ���� J C�'7 _� =� - .�AL � .`�. 2/ ' • � . � ; . 1.8►c- o � • . __—�-- � . z•� • 31S ' 1 3'�S / 34v � ' . . 1 O.L tc • 1 � 3300 ' D.BIK J.�r�� �� . �-�-- .,.�-- . - ;� ; - . ' � 3(.a • D.9�c o.9 a� 3� , — ,7 AG 1•1 hC . : : . ' • a Q.�K �.O A� 13 � � • 3310 . ' 3280 32y� 32�0 , �� . . � =co•—�a--No-a�'-��=.�,,,s- .:� rtt{=-- � I . . - I 3yzs 3z<< � I • � - l�( ; `� � ��j z�% . . SUB-PROJECT AREA: ��`iSID� �f}S�I BASE 1992 UNIT COST (PRE-REDUCTION) : � lZ� �30 UNIT ASSESSMENT AFTER CITY CONTRIBUTION: � ���p't{C� KEY a ASS�SSED PROPERTY (1 UNIT PER PROPERTY EXCEPT AS NOTED BELOW) � WETLAND/WATERWAY 3�5 STREET ADDRESS (TYP) (25) P.I.N.S. SUFFIX (TYP) /_/ ,4G APPROX, LOT AREA �y VACANT LOT (A }-� SEE SPECIAL NOTE BELOW u � GROUPING FOR ASSESSMENT PURPOSES . • .� . , . /�8�Ac • Q � . . � ; . • � �\ . � 3�2 o i`� ' �\' . ' . . -� . E 1�-EEN S�, �" �� � � . . . � �\G.� c. . t31" �L., . � , m ��� ' �`�`} `. I . � � • �.21s \ �� q,,� U17. �'� � Z.Zs.t� �� • � ���/( '`V 00 c.4o � N :°a� �� �F,•o.s�� ` � 1 � • so � ►� • ^\- �` -� p%ZZO� hn • .\- � �aot _• _ rtsl �s� B4s. . • __ ..._ � ,7'�Q. :LZ2 O.SAe> Ii� 1<t �� � 0.7,4t �. ` p� f.O x c tz! � � t7f ,.= �� tzzl L ��, b8 p,� ti --- .' 35`0 . ; ' , nr� � t�t tK, tu� ' )•?S 1c• � . • � • 3$7 n ! y • • p:i i.6..� 4 •1 . .,_ �� _ - . � - • .,� SUB-PROJECT AREA: B��(ZWL'�O� BASE 1992 UNIT COST (PRE-REDUCTION) : � ��� SS� UNIT ASSESSMENT AFTER CITY CONTRZBUTIO�I: � ���SO� KEY a ASS�SSED PROPERTY (1 UNIT PER PROPERTY EXCEPT AS NOTED BELOW) � WETLAND/WATERWAY � 3(�S STREET ADDRESS (TYP) . (25) P.Z.N.S. SUFFIX (TYP) /_/ A-G APPROX. LOT AREA �y VACANT LOT . (A }> SEE SPECIAL NOTE BELOW `� � GROUPING FOR ASSESSMENT PURPOSES . . . - . '�. ' ,1 ; (i�l (�6l y�, n'��3�� ,. , Ia) ��� ts) � u �6) '��! n rn !f �tr ne a �/` � �� AKL- -54---� \ txi � �o � � i / n_ � , A ti a�� �� ,.��j• 7,� �� : ` �� _ y �r . � �ri ,;,.fr ri = _?'i._ ._ ' �° (3T:�; fIM��t7r;'��txf t]m�tx�9ti lsQ'r' _ `�inis " •� •� � nr �ra� ��r (�Ol __ � � �• ' p "'.�—&�FSI6�-=R6— �{-Efl—f�8 =H8 —8�)�t,�-,,,—' � =—" F, n ' � . - .. � � � 3a�5 a�, � ' �: � n (22) , y�s � . . 2.�s_ " �dd . ro . I �115 � t ie� c ii� (ia� ' ; I � � � 3.� . o� 2. _ ; � c z-_� • .. 2,p�_ . . -� � 5 _ •��W � , . � ` y� p � /o '' � � � „ ��o, � � c�9, G s � � . �� ► ; . � ,f�s� ^ d� • i .. " a �� � i ' 2•�� � 0 2'% ' c� E ' �t � c��� � � • �95 0 �� , �� - caai 5�5 - 2,s.p� a�-� � . .--�"_ '•.E• �_�LuS 6�- .. � �'15 f� . , � (2�? F., tl. � � • �� � S6 ' � �. J �.� � tzs� � s�s � -� 2.7 � D"( -• �� • �° e� ,� , . ,., � ;. � .,�,�r. .M ,. :� p�. � wf•0]'�a's A ___ .J:. j , ,.. , -----�= „ :, �,y� � � ,b '� ,�`. � � � � '� ' • .�`.. :� I . � ;''• = �,, 'br SUB-PROJECT AREA: O����D �!. BASE 1992 UNIT COST (PRE-REDUCTION) : � 23)3 �°� UNIT ASSESSMENT AFTER CITY CONTRIBUTION: � 13��C`� KEY � ASS�SSED PROPERTY (1 UNIT PER PROPERTY EXCEPT AS NOTED BELt�W) � WETLAND/WATERWAY 3�S STREET ADDRESS (TYP) (25) P.I.N.S. SUFFIX (TYP) /_/ �c APPROX. LOT AREA �y VACANT LOT . ' (f{ }-�i SEE SPECIAL NOTE BELOW u � �' GROUPING FOR ASSESSMENT PURPOSES � r y . . ' � I � � I ' ' _ w , q . . . _ � � _ , . ' �� �� �, � E�;-an,�— .� , �, p - rui v u�1' 195 m , �.. • . • a��ll " 0•� '� � 0'�5 (( . � � r:� �.`l5 ' J,O,ae.. (Tl�, � � 3��5 , . � � � � �'S Ii�1 '. ���, a � , � . � � � � , � ' ' �g • 6�I iat�'� � • 1 � i tel � , � t:e1 - � �„� �- b� � :�� $ . .,� •� � ►ir� � .% ; . p•� "".. � ; SUB-PROJECT ARCA: LYC�1��� L�Ar •,�� ���� v ! � 191 Ti O i : BASE 1992 UNIT C05T (PRE-REDUCTION) : � ���a$� °•��"'' . �W , � � 112) � i UNIT ASSESSMGNT AI'TER CITY CONTRIBUTION: �� ���GrQ� q5 � �� � ' , -i�� i O �••''f KCY y l SI �,�.rF°F p�' � 0:7+,`►� � � . \ 1 � ASS�SSED PROPERTY (1 UNIT PER PROPERTY EXCEPT . �101 • 13�'� I.`� i4c. p�� AS NOTED B�LOW) ' 0.6.:,., � `�C�1J WETLAND/WATGRWAY ,�p{ b*�``� . I2�1 ti 3`S STREET ADDAESS (TYP) � .lal 0• ���� `,, � F` (25) P.I.N,S. SUFFIX (TYP) � - � �,5 �� /_/ fFG APPROH, LOT AREA I��. z.o.�,.,� , ��zo1 � tts). �� 1 ii) ._. 16° V VACANT LOT � ' �.�A`T� O—� SEE SPECIAL NOTE BCLOW � y�'► . � �' GROUPING FOR ASSESSMENT PUAPOSES Z'D h` t '°° ��t�� ` , • �76) `Ql� �7Ac � O C��`( Pf}2k �T /voT S�/�Ut� . T _ ;.3� _ ��o- ___. ' (iit ' • Ili) � • (I�) . �, �„ . as3 i.���.�r � �>,�� � N � i � t n1 . .`�y} • ti�`ri �'fGNET PL I . • • t21 � ,ZFc. ��� a5o�: ,��(1,•,� ���Z . 4 ' �65 . .�y � 1 'I 1,� ��1 i91 (tel, t tr) ftol O.LAc 0.�� D7At (11 � n � ',• �' , .76`S ._ =: .3.1',1-� . . . , '7'1^'�-•-i�•• �sat .� � _ I � ���f'��� Itil I1i) � ', V`sS� , ; L� , . , ,� �I �; 1 q ' ,:�a '�' � ��, ' 1�6� It+)� p 15� ' � -hqa • ' �� r� w., c a ' -- _ a�`�r . - �.� '.1•L � A �� !r� r . � i 0 -;� �� a ."�,: a► � 3Io � , ,� S � 3�ID ; .R ..�p� .b'��, � . t71 �' I let n ' „ .� 1:71 _ . � ''%s, • J � � ORDINANCE NO. 12 4 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 123, SECOND SERIES, ADOPTED DECEMBER 13, 1993, AND ENTITLED "1994 FEE SCHEDULE." The City Council of Orono ordains: Ordinance No. 123, Second Series adopted December 13, 1993, and entitled "1994 Fee Schedule" is amended to read: PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utilitv Service Rates - Effective beginning First Quarter 1994 MUNICIPAL SEWER RATE by unit: lst $ 66.55 per quarter each add'1 $ 60.20 per quarter by flow: $ 2.50/1000 gallon plus $6.35 per quarter per connection MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT For those properties unconnected between 16 months after service availabiliry and up to 5 years after service availability and meeting the criteria set forth in Ordinance No. 106, Second Series, allowing for hookup time extension, shall be charged only for the City portion of the sewer unit rate and not for the MWCC portion of the sewer unit rate. Stubbs Bay Area un-Connected Properties $ 30.15 per quarter Navane Hwy 12 Chevy Chase MUNICIPAL WATER RATES Area Area Area Billing & ready to Serve Chg $19.15/qtr $ 7.05/qtr $ 7.05/qtr Water Usage Rate $ 1.63/1000 gal $ 2.26/1000 gal $ 1.80/1000 gal Unconnected Property Chg $19.15/qtr -0- -�- (ready to serve/hydrant chg) Federally Mandated Safe Drinking Water $ 5.21 per yeaz, billing at $1.30/qtr Testing Program (Charged per service connection) • , s Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $19.15/qtr billing charge plus $1.63/1000 gallon total flow at border meter. This ordinance becomes effective from and after its passage and publication. Passed by the Council this lOth day of January, 1994. ATTEST: Edward J. Call an, Jr., Mayor Dorothy M. a lin, City Clerk • � . ORDINANCE NO. 12 5 , SECOND SERIES AN ORDINANCE TO EXTEND THE MORATORIUM � ESTABLISHED IN ORDINANCE NO. 120, SECOND SERIES ON THE ENFORCEMENT OF CITY ORDINANCES REQUIRING UPGRADE OF CERTAIN NONCONFORMING SEPTIC SYSTEMS AS DESCRIBED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 12 5 , Second Series. SECTION 1. Statement of Policv. The City Council finds that the City is presently faced with the potential of numerous applications for building permits for properties which rely on on-site sewage treatment systems for sewage disposal. Prior to February 10, 1992, such existing on-site sewage treatment systems with less than 3' of unsaturated soil or sand between the distribution device and the limiting soil characteristics, were considered by definition as "substandard systems". Such "substandard systems were not required by code to �� be upgraded when a request for a building permit for any purpose was requested. On February 10, 1992, however, the Council adopted revisions to Section 12.30, the On-site Sewage Treatment Ordinance. This new ordinance defined as "nonconforming systems", any system with less than 3' of unsaturated soil or sand between the distribution device and the 1'uniting soil characteristics. Further, the ordinance retained language appearing in the code since 1978 which required that systems found to be nonconforming shall be brought up to conforming status within one calendar year. On February 24, 1992, the Council adopted a new Shoreland Ordinance. The new Shoreland Ordinance required that a nonconforming sewage treatment system as defined in Section 12.30 and located within the Shoreland Overlay District must be upgraded and made conforming, at a minimum, at any time a pernut or variance of any type is required for any improvement on, or use of, a property. Enforcement of this ordinance requires that the conformity status of an on-site sewage treatment system within the Shoreland Overlay District be determined and found nonconforming before issuance of a building permit. The Orono Community Management Plan, or "Comprehensive Plan", identifies a number of areas in the City which are currently not provided with municipal sewer, but which because of location near a water body or existing density of development, must be monitored carefully to ensure continued satisfactory use of on-site sewage treatment systems. These areas might be severely impacted by enforcement of the ordinances requiring system upgrade. The potential desirability of providing municipal sewer service to these areas as an alternative, has not been studied. • _ �',�. It appears to the Council that the consequences of requiring upgrade of nonconforming septic systems in the Shoreland Overlay District at any time a building permit is requested, may be undesirable in some respects or at some locations. The Council, therefore, fmds that it is necessary to study the impact of such requirements on the underlying purposes of the City's land use and zoning provisions, on the provisions of the City's comprehensive planning, and on the citizens of Orono. The Council further fmds that if, as a result of this study, the land use controls and zoni.ng provisions contained in the City Code or the provisions of the Community Management Plan need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to improve their property and for the benefit of those who have or will be found to have nonconforming systems, in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning the required upgrade of septic systems which are nonconforming solely due to the lack of 3' separation as noted above, the further enforcement of requirements to upgrade such systems would be contrary to the purpose of the Zoning Enabling Act, Minnesota Statutes 462.351, et. seq. The Council further finds that it would be unwise, improper, and unjust to enforce the requirement for such upgrades to occur during this study. Therefore, the City staff's authority to enforce the requirement for upgrade of such nonconforming systems shall not be exercised during the limited terms of this ordinance, as provided in Section 3. SECTION 2. Studv. 'The City Council on September 13, 1993 adopted Ordinance No. 120, Second Series which initiated a study regarding the implications of requiring upgrade of nonconforming sewage treatment systems as a condition of building permit approval, and further regarding the implications of requiring such upgrades in areas that might be served with municipal sewer in the future, and the potential need for amendments to the City Code and Comprehensive Plan to implement the results of said study. This study is currently underway but has not been completed. SECTION 3. Extension of Interim Ordinance. The City Council fmds that it would be unwise, improper and unjust to enforce the requirement for septic system upgrades as noted above until the study as provided in Section 2 has been completed. Section 4 of Ordinance No. 120, Second Series allows the duration of said ordinance to be extended by adoption of a subsequent ordinance for up to 18 additional months after the March 13, 1994 expiration date. Therefore, the City Council hereby extends the interim ordinance per the provisions of Section 5 below. SECTION 4. Restrictions on Enforcement of the Reauirement for Un¢rade of Nonconformin� On-site Sewa�e Treatment Svstems. For all properties located withm the Shoreland Overlay District and wluch request a buildmg permit or variance for any purpose, the City Inspector shall determine the conformity status of any on-site sewage treatment system in use on the property. However, if such sewage treatment system is determined to be nonconforming due solely to the lack of 3' separation noted above, such nonconforming status shall not be cause to deny the building permit. Further, for all areas of the City, either within . ; r► � . or not within the Shoreland Overlay District, enforcement of the requirement to upgrade septic systems which are nonconforming solely due to the lack of 3' separation, shall be suspended for the duration of this interim ordinance. SECTION 5. Duration. This ordinance shall expire on September 13, 1994, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the Zoning Code, or Comprehensive Plan, have been finalized. The duration of this ordinance may be extended by adoption of a subsequent ordinance for a total of not more than 12 additional months. SECTION 6. Variances. The Council may grant a variance to this ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, and that it does not adversely impact the health, safety or welfare of the citizens. SECTION 7. Separabiliri. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 8. This ordinance shall be published in the Pioneer and the Laker and shall be effective immediately upon publication. Adopted by the City Council of the City of Orono on the 14th day of March, 1994, by a vote of 5 ayes and� nays. Edward J. Call "an, Jr., Mayo ATTEST: Ir ) orothy M H in, City Clerk ORDINANCE NO. 12 6 , SECOND SERIES � AN ORDINANCE AMENDING ORONO ZONING CODE SECTION 10.56, � SUBDIVISION 3, AMENDING TI�E DEFINITION OF "TOP OF BLUFF" THE ORONO CITY COUNCIL HEREBY ORDAINS: SECTION 1. Orono Municipal Zoning Code, Section 10.56, Subdivision 3, definition 2 "Bluff" is amended as follows: 2. "Bluff" -A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance of 50' or more shall not be considered part of the bluffl: A. Part or all of the feature is located in a shoreland area; B. The slope rises at least 25' above the Ordinary High Water Level of the water body; C. The grade of the slope from the toe of the bluff to a point 25' or more above the Ordinary High Water Level averages 30% or greater; and D. The slope must drain toward the water body. 2 a , ��T � �f*�'� ''���f�" "Bluff, toe of the"- The �e lower oint of a • �,.�. � �� p o �.:,��,o.. 50' segment with an average slope exceeding 18%. �ro�#�- s=•�- , 2(b) "Bluff ton of the" - That point on the cross-section of a bluff below which the slo_pe becomes more than 18% and above which the avera�e slone for a distance of 50' or more is 18% or less. SECTION 2. Adoption and Publication Period. This ordinance shall be published in the Pioneer and the Laker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 25th day of April, 1994, by a vote of 5 ayes and p nays. � U , � Edward J. Call n, 7r., Mayor A T: � o thy M. al , City Clerk ORDINANCE NO. 127 . SECOND SERIES AN ORDINANCE TO AMEND CERTAIN PORTIONS OF MUNICIPAL ZONING CODE SECTION 10 .56, SHORELAND MANAGEMENT The City Council of Orono ordains as follows : � Section l. Municipal Zoning Code Section 10 . 56, Subd. 2 is hereby amended as follows : Subd. 2 . Statutory Authorization. This Shoreland Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter �� 103F, Minnesota Regulations, Parts 6120 . 2500 - 6120 . 3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462 . Section 2 . Municipal Zoning Code Section 10 . 56 , Subd. 3 , Definition 17, "Public Waters" is hereby amended as follows : 17 . "Public Waters" - Any waters as defined in , , , n ,.,a l-� Minnesota Statutes Section �^_����������� 103G. 005 Subdivisions 15 and 16 . Section 3 . Municipal Zoning Code Section 10 . 56 , Subd. 3 , Definition 26, "Steep Slope" is hereby amended as follows : 26 . "Steep Slope" - Lands having average slopes of 3:-8-°� 12% or greater as measured over horizontal distances of 50' or more, that are not bluffs . Section 4 . Municipal Zoning Code Section 10 . 56 , Subd. 3 , Definition 29, "Water-Oriented Accessory Structure or Facility" is hereby amended as follows : 2g , "Water-Oriented Accessory Structure or Facility" - A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, lock boxes, and detached decks . Section 5 . Municipal Zoning Code Section 10 . 56, Subd. 7, is hereby deleted and the following language inserted in its place : Subd. 7 . Classification of Public Waters . The public waters of the City of Orono have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120 . 3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota: . 1 Protected Waters A. Natural Environment (NE) Lakes OHWL Inventorv I.D. # Lake Classen 974.5' 162-P Dickey Lake 985.5' 161-W ,a French Lake (South Basin Only) 930.0' 140-P Lydiard Lake 970.9' 159-P Lake Katrina --- 154-P Wolsfeld Lake (Medina) --- 157-P Protected Waters B. Recreational Development (RD) Lakes OHWL Inventorv I.D. # Long Lake 944.3' 160-P Mooney Lake 988.0' 134-P Tanager Lake 929-4' 141-P Hadley Lake {Plymouth) 961.4' 109-P Protected Waters C. General Development (GD) Lakes OHWL Inventory I.D. # Forest Lake 929.4' 139-P Lake Minnetonka 929.4' 133-P D. TributarY Streams FROM: T0: TRIBUTARY NAME SEC. TWP R SEC. TWP R 1. Long Lake Creek 35(Basin 118 23 10 (Basin 117 23 160P) 141P) 2. "Wolsfeld" Creek 27 (City 118 23 26 (Basin 118 23 Limit) 160P) 3. Tributary to 26 (City 118 23 27 118 23 Wolsfeld Creek from Limit) Holy Name Lake 4. Dickeys Lake Creek 27 (Basin 118 23 34 (Basin 118 23 161P) 160P) 5. Stubbs Bay Creek 32 (Basin 118 23 5 (Basin 117 23 162P) 133P) 6. Painter's Creek 30 (Basin 118 23 31 (City 118 23 154P) Limit) Section 6 . Municipal Zoning Code Section 10 . 56, Subd. 9, is hereby amended as follows : Subd. 9 . Adoption of Official Map and Interpretation of District Boundaries . The official map of the Shoreland Overlay District is hereb�r, adopted A copv of said map shall be kept on file at all times with the Citv Clerk. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes . The boundaries of the Shoreland Overlay District shall be determined by scaling distances on the official map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official map, the City Engineer shall make necessary interpretation based on the Ordinary High Water Level . The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the City and to submit technical evidence if he so desires. 2 N1 I� Section 7 . Municipal Zoning Code Section 10 . 56 , Subd. 16 (I) is hereby amended as follows : I . Vegetation Alterations . °� 1 . No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of 6 inches or more (or 19 inches in circumference or greater) measured 3 feet above the ground may be removed without first obtaining a permit from the City staff 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. Appeals of staff determinations as to type, size and quality of the trees to be replaced will be to the Council . Removal of trees that are dead shall not require a permit but such trees must be inspected by City staff prior to their removal . 2 . Intensive vegetation clearing within 75' of the shoreline a� 1, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 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. Section 8. Municipal Zoning Code Section 10 . 56 , Subd. 16 (J) (5) (i) is hereby amended as follows : i , Any alterations below the Ordinary High Water Level of public waters must first be authorized by the Commissioner of the Department of Natural Resources , �� � z under Minnesota Statutes, Section �z 103G. 24 ; Section 9 . Adoption and Publication. This ordinance shall take effect and shall be enforced from and after the date of its passage and publication. Adopted by the City Council of Orono, Minnesota on this llth day of T„�� � 1994 by a vote of 5 ayes and �— nays . AT E T: . � � D othy allin, City Clerk Edward J. alla an, Jr. ,M or 3 ► . ORDINANCE NO. 127 . SECOND SERIES . AN ORDINANCE TO AMEND CERTAIN PORTIONS OF MUNICIPAL ZONING CODE SECTION 10 .56, SHORELAND M�NAGEMENT The City Council of Orono ordains as follows : � Section 1. Municipal Zoning Code Section 10 . 56, Subd. 2 is hereby amended as follows : Subd. 2 . Statutory Authorization. This Shoreland Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter -� 103F, Minnesota Regulations, Parts 6120 . 2500 - 6120 . 3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462 . Section 2 . Municipal Zoning Code Section 10 . 56 , Subd. 3 , Definition 17, "Public Waters" is hereby amended as follows : 17 , "Public Waters" - Any waters as defined in _ , „ __ .�� � Minnesota Statutes Section � ^� '�'� " ` 103G. 005 Subdivisions 15 and 16 . Section 3 . Municipal Zoning Code Section 10 . 56 , Subd. 3 , Definition 26, "Steep Slope" is hereby amended as follows : 26 . "Steep Slope" - Lands having average slopes of �-8°� 12% or greater as measured over horizontal distances of 50' or more, that are not bluffs . Section 4 . Munic�Water-Or ented e AccessoryloStructure or Definition 29, Facility" is hereby amended as follows : ' 29 , ��Water-Oriented Accessory Structure or Facility - A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and ffish 1 housesincPump boathouses, gazebos, screen houses, houses, lock boxes�_ and detached decks . Section 5 . Ma landathe� f 1 ow ng Slanguage� inse ted in � its hereby delete place : Subd. 7 . Classification of Public Waters . The public waters of the City of Orono have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120 . 3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota: , 1 �F , Protected Waters pHWL Inventorv I•D. # , A. Natural Environment (NE) Lakes 974_5, 162-P Lake Classen 985.5' 161-W Dickey Lake 930.0' 140-P • French Lake (South Basin Only) 970.9, 159-P - Lydiard -Lake ___ 154-P Lake Katrina ___ 157-P Wolsfeld Lake (Medina) Protected Waters B. Recreational Development (RD) Lakes OHWL Inve 160 I•D. # Long Lake 944.3' Mooney Lake 988.0' 134-P Tanager Lake 929.4' 141-P Hadley Lake (Plymouth) 961.4' 109-P Protected Waters pHWI, In'ventorv I•D—� C. General Development (GD) Lakes_ 929 4, 139-P Forest Lake 929_4� 133-P Lake Minnetonka D. TributarY Streams FROM• TO- TRIBUTARY NAME SEC. TWP R SEC. TWP R 1. Long Lake Creek 35 (Basin 118 23 10 (B 41Pj 11� 23 160P) 2, ��Wolsfeld" Creek 27 (City 118 23 26 (Basin 118 23 Limit) 160P) 3 . Tributary to 26 (City 118 23 2� 118 23 Wolsfeld Creek from Limit) Holy Name Lake 4. Dickeys Lake Creek 27 (Basin 118 23 34 (B 6s�P; 118 23 161P) 5 . Stubbs Bay Creek 32 (Basin 118 23 5 �B33P) 117 23 162P) 118 23 6 . Painter's Creek 30 (Basin 118 23 31 �Limit) 154P) Section 6 . Municipal Zoning Code Section 10 . 56 , Subd. 9, is hereby amended as follows : Subd. 9 . Adoption of Official Map and Interpretation of District Boundaries . The offic� al map of the Shoreland Overlav District is herebv adopted A copv of said map sha l l be ke t on file at all times with the C1�o isions o f their interpretation and application, the p this Section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes . The boundaries of the Shoreland Overlay District shall be determined by scaling distances on the official map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official map, the City Engineer shall make necessary interpretation based on the Ordinary High Water Level . The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the City and to submit technical evidence if he so desires . 2 .� . Section 7 . Municipal Zoning Code Section 10 . 56 , Subd. 16 (I) � is hereby amended as follows : I . Vegetation Alterations . 1 . No live tree within 75 feet of the shoreline or within the bluff impact_ zone with a diameter of 6 inches or more (or 19 inches in circum be removed greater) measured 3 feet above the ground may without first obtaining a permit from the City staff 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. Appeals of staff determinations as to type, size and quality of the trees to be replaced will be to the Council . Remosuch�treese must tberi spected by Cityestaff a permit but prior to their removal . 2 . Intensive vegetation clearing within 75' of the shoreline a� 1. on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shr�bn n d a d tr mminghof 6 inches in diameter and cutting, p J trees of any size is allowed tsite� a d toV accommodate athe from t he princi pal dwelling icnic placement of permitted stairways and landings, p 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. Section 8 . Munici p� a a as follows tion 10 . 56 , Subd. 16 (J) (5) (i) is hereby i , Any alterations below the Ordinary High Water Level of public waters must first be authorized by the Commissioner of the Department� �� 103G 2 5 esources under Minnesota Statutes, Section �--z Section 9 • p'dOP hall be enforc d from and afterlthecdateaof take effect and Sublication. its passage and p Adopted by the City Council of Orono, MinnesoaaeSn a a s l lth day of Tu�v 1994 by a vote of 5 Y --Q---- , nays . ATT ST: �� ahan Jr. , yor othy allin, City Clerk Edward . al , 3 ��j,., � ,�.„�„„,,,�„ � LAKE KA tRINA �' '�W O LSFELD '�, ��- i,.',.' ,r��•�v.� � � ,., ' �;�.:.z:..::.�.--�. r��a��n �b LYDIARD 'Y' � ` LAKE �E Y � �'••^;•,. : `�� ,-:<:,,�•��:V. � I���. ' � � �� �� �� LAKE ' w�»��ww�f��; t ..w71NNl ww�ww►wMww..��N.��w.a■ w+nw�f+�wNHia..wrw.w.tw..«w�.nrw '' � F:: ����K��.e■ ■ w�.w�w.i���w�•�wwM�w�fiSw�«w��www.w , r �. 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',,���°, I:...r...:+;•�I:f,..,_ , �;' f _ ,�•• � '^'M�� T� "� LAFAYETTE BAY e��tl,"�. �� ••� i�L%%%�%� ♦ a � ��*�• ���� :!-.r � a,� ' � • w � , ly. .i '�- � �' � r.��... r�N:r✓..;.+ �" .ti'� ��� ' '/.+' r �6 � �� � rwn i�. �' ` CARMAN , � : �� „_.... � Ill � J / � � d.ww•�....� fx'✓•/""/ � . � Ft"� + BAY ��'� u" �Y�// ✓�+'ry � ; M�* ( , �� +� �ry� � , •�� � �1�� � 7� . .,�;•'� '�; � '�� '� l� ��a ,/ • 4 � ��*� `i��C7�4��� •���lr��•�see�raesea��'� 1 , ``•��'�Ms A r...�r+'"'���*� C�ty ofi CJrono, Minnesota � ° �°°° �°,��h � �°°�� o ,� �M no�a, SHORELAND OVERLAY DISTRICT Protected Waters � DISTRICT BOUNDARY A. Natural Environment (NE) Lakes OHWL Inventorv I.D. # Lake Clasaen 974.5' 162-P Dickey Lake 985.5' 161-W French Lake (South Basin Only) 930.0' 140-P !;Ir..� Lydiard Lake 970.9' 159-P � w��� BASIN WETLANDS .:::........... Lake Katrina --- 154-P ����������� Wolsfeld Lake (Medina) --- 157-P Protected Waters �°'°:�"7����'���. INCLUDED FLOODPLAINS B. Recreational Develooment (RD) Lakes OHWL Inventorv I.D. # • Long Lake 944.3' 160-P Mooney Lake 988.0' 134-P Tanager Lake 929.4' 141-P Hadley Lake (Plymouth) 961.4' 109-P . Protected Waters C. General Develooment (GD) Lakes OHWL Inventorv I.D. # Forest Lake 929.4' 139-P Lake Minnetonka 929.4' 133-P D. Tributarv Streams � FROM: TO: TRIBUTARY NAME SEC. TWP R SEC. TWP R 1. Long Lake Creek 35(Basin 118 23 l0(Basin 117 23 160P) 141P) 2. "Wolsfeld" Creek ' 27(City 118 23 26(Basin 118 23 Limit) 160P) 3. Tributary to 26(City 118 23 27 118 23 Wolsfeld Creek from Limit) Holy Name Lake . 4. Dickeys Lake Creek 27(Basin 118 23 34(Basin 118 23 161P) 160P) � 5. Stubbs Bay Creek 32(Basin 118 23 5(Basin 117 23 162P) 133P) 6. Painter's Creek 30(Basin 118 23 31(City 118 23 154P) Limit) . ,• . ORDINANCE NO. 12 8 , SECOND SERIES AN ORDINANCE TO EXTEND T'HE MORATORIUM ESTABLISHED IN ORDINANCES NO. 120 AND 125, SECOND SERIES ON THE ENF4RCEMENT OF CITY ORDINANCES REQUIRING UPGRADE OF CERTAIN NONCONFORMPi 1G SEPTIC SYSTEMS AS DESCRIBED HEREIN. . THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 12 g, Second Series. SECTION 1. Statement of Policv. The City Council finds that the City is presently faced with the potential of numerous applications for building permits for properties which rely on on-site sewage treatment systems for sewage disposal. Prior to February 10, 1992, such existing on-site sewage treatment systems with less than 3' of unsaturated soil or sand between the distribution device and the limiting soil characteristics, were considered by definition as "substandard systems". Such "substandard systems were not required by code to �� be upgraded when a request for a building permit for any purpose was requested. � On February 10, 1992, however, the Council adopted revisions to Section 12.30, the On-site Sewage Treatment Ordinance. This new ordinance defined as "nonconforming systems", any system with less than 3' of unsaturated soil or sand between the distribution device and the limiting soil characteristics. Further, the ordinance retained language appearing in the code since 1978 which required that systems found to be nonconforming shall be brought up to conforming status within one calendar year. On February 24, 1992, the Council adopted a new Shoreland Ordinance. The new Shoreland Ordinance required that a nonconforming D stncttmust betupgradedsand made confoio�g;30 and located within the Shoreland O Y e is re uired for any improvement on, a minimum, at any time a permit or variance of any typ q or use of, a property. Enforcement of this ordinance requires that the conformity status of an on-site sewage treatment system within the Shoreland Overlay District be determined and found nonconforming before issuance of a building permit. The Orono Community Management Plan, or "Comprehensive Plan", identifies a number of areas in the City which are currently not provided with municipal sewer, but which because of location near a water body or existing density of development, must be monitored carefully to ensure continued satisfactory use of on-site sewaae treatment systems. These areas might be severely impacted by enforcement of the ordinances requiring system upgrade. The potential desirability of providing municipal sewer service to these areas as an alternative is currently under study. . . It appears to the Council that the consequences of requiring upgrade of nonconformi.ng septic systems in the Shoreland Overlay District at any time a building permit is requested, may be undesirable in some respects or at some locations. The Council, therefore, finds that it is necessary to study the impact of such requirements on the underlying purposes of the Ciry's land . use and zoning provisions, on the provisions of the City's comprehensive planning, and on the citizens of Orono. The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the City Code or the provisions of the Community Management Plan need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to improve their property and for the benefit of those who have or will be found to have nonconforming systems, in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning the required upgrade of septic systems which are nonconforming solely due to the lack of 3' separation as noted above, the further enforcement of requirements to upgrade such systems would be contrary to the purpose of the Zoning Enabling Act, Minnesota Statutes 462.351, et. seq. The Council further finds that it would be unwise, improper, and unjust to enforce the requirement for such upgrades to occur during this study. Therefore, the City staff's authority to enforce the requirement for upgrade of such nonconforming systems shall not be exercised during the limited terms of this ordinance, as provided in Section 3. SECTION 2. Studv• The Ciry Council on September 13, 1993 adopted Ordinance No. 120, Second Series which initiated a study regarding the implications of requiring upgrade of nonconforming sewage treatment systems as a condition of building pernut approval, and further regarding the implications of requiring such upgrades in areas that might be served . with municipal sewer in the future, and the potential need for amendments to the City Code and Comprehensive Plan to implement the results of said study. This study is currently underway but has not been completed. SECTION 3. Extension of Interim Ordinance. The City Council finds that it would be unwise, improper and unjust to enforce the requirement for septic system upgrades as noted above until the study as provided in Section 2 has been completed. Section 4 of Ordinance No. 120, Second Series allows the duration of said ordinance to be extended by adoption of a subsequent ordinance for up to 18 additional months after the March 13, 1994 expiration date. Therefore, the City Council hereby extends the interim ordinance per the provisions of Section 5 below. SECTION 4. Restrictions on Enforcement of the Rectuirement for Uperade of Nonconformin� On site Sewa�e Treatment Svstems. For all properties located wrthin the Shoreland Overlay District and which request a bu�lding permit or variance for any purpose, the City Inspector shall determine the conformity status of any on-site sewage treatment system in use on the property. However, if such sewage treatment system is determined to be nonconforming due solely to the lack of 3' separation noted above, such nonconformi.ng status shall not be cause to deny the building permit. Further, for all areas of the City, either�within , . or not within the Shoreland Overlay District, enforcement of the requirement to upgrade septic systems which are nonconforming solely due to the lack of 3' separation, shall be suspended for the duration of this interim ordinance. SECTION 5. Duration. This ordinance shall expire on March 13, 1995, without Council action, or it may be repealed earlier if the Council determines that the requisite studies , have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the Zoning Code, or Comprehensive Plan, have been finalized. The duration of this ordinance may be extended by adoption of a subsequent ordinance for a total of not more than 6 additional months. SECTION 6. Variances. The Council may grant a variance to this ordinance if the Council fnds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, and that it does not adversely impact the health, safety or welfare of the citizens. SECTION 7. Separabilitv. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. S�CTION 8. This ordinance shall be published in the Pioneer and the Laker and shall be effective immediately upon publication. Adopted by the City Council of the City of Orono on the 12th day of September, 1994, by a vote of 5 ayes and Q nays. Edward J. Cal an, Jr., May ATTEST: � ' . orothy M. al , City Clerk MIIv'iTCES OF THE REGLJI-AR�RONO CITY COUNCII. r,fEET'1NG I�LD ON SEPTENIDER 12, 199�1 (#11)#1957 JACCI J. SEGNEK,3286/3290 NAVARRE LANE-SUBDIVISION OF A LOT LIlYE Ftl?.ARRANGEMENT-RESOLUTION Craffron reported this is a simple lot line rearrangement request. Segner originally owned lots 44-47 and sold 45, 4b, and 47 to Bob Marinos. Segner retained ownership of lot 44 and is requesting to rearrange the lot line betwe�n the two to retain the U2 acre and l OQ ft requirement to get two buildable and conforming sites. The SAC charges will be paid. There is no water available to this area. A single driveway will be used for the two lots. The access points for 2250 Bayview Place and 3300 Navarre Lane, owned bySe�er, need to be removed to avoid more than two using the road as a driveway. Segner has a�eed to install a fence to eliminate access to these homes. Gaffron said there is also the issue of five lots #3b, 37, 48, 49, and 50, owned by Segner, which need to be combined to be sold. This was applied for twice but rejected due to delinquent taxes at those times. This is reiated to the matter but is not a condition of this lot line rearrangement. Ga�'ron said there is a minor change to the lanwa�e in the resolution regardin�the format of the survey for metes and bounds which is questioned repeatedly by surveyors in that each parcel has separate legal descriptions wiuch is not needed by the county. The City Attorney requested the following changes be made in langua�e: A city approved conveyance of the residual parcels from one property owner to the other(a deed exchan�e}; and a title opinion on both groperties confirming ownershig and any encumbrances ma.inly because we are askin?for perimeter draina�e and utility easements for this rearran�ement. Segner replied to Callahan that she is satisfied with the rearrangement. Hurr stated the need to add the condition that the five lots be combined at this time. Jabbour moved to approve Application#1957 subdivision of a lot line rearrangement resolution pending the filing of the application by Jacci Segner to combine lots#36, 37, 48, 49, and 50, Resolution#3466. Hurr seconded the motion. Ayes 5, Nays 0. (#12} SEPTIC MORATORIUM UPDATE Gaf&on requested the input of the Council on the 6-12 mornh extensian of the septic moratorium and confirmation and prioritizin�of the tasks listed. At this point, there are no answers for those needing to either fix their septic or install sewer. 6 ' • NIINUTES OF THE REGULAR ORONO CITY COUNCII. IvtEET'ING HELD ON SEP'TEMBER 12, 199� (Item#12-Sepiic Moratorium Update-Continued) . If the moratorium e.Ypires between now and 5/1/95, anyone who had received a non- : conforming repair notice in 1993 will ha.ve until 12l31/96 to do repairs instead of the original deadline date of 12/31/95. Anyone who received a notice in 1994 will have until 12/31/96 to mal:e repairs. If the moratorium expires after 5/1/95, those receiving notice in 1993 and 1994 will have until 12/3l/97. Jabbour su�ested an extention until we have more answers. Goetten would like to limit the extension. Callahan stated if we were to sewer those on the list, it would be 135 homes out of a total of 650. Callahan su�ested we should extend for a short time of six weeks to two months to enable the scheduling of a work session to go over the plan, and aiso advise those not in the hot spot locations that they are not included in the sewer plan. Those who are being considered should be notified of the possibility of getting sewer. The Council decided to relay this information in the October newsletter. CalIahan moved, 3abbour seconded, to extend the septic moratorium to November 28, 1994. Ayes 5, Nays 0. ('�#13) B-2 PROPOSED ORDINANCE -INFORMA'TION UNLY It was sug?ested by Callahan that a joint meeting with the Planning Commission is needed to discuss this issue. MAYOR/COUNCIL REPORT Goetten requested the zoning district be include�in the item description on the Planning Commission agplications. Callahan also requested the Planning Commission minutes include how many members were present and who they were. Mabusth a�reed. Hurr reminded Council af a County 6 Committee meeting scheduled for Wednesday at 8 am. Callahan attended a meeting along with Jabbour with the MCWD re?ardin� aeration of Long Lake. The MCWD is anxious to receive?eneral approval and will send information on a parallel project. Is is in their budget to levy for this project, or in case of re�ectioq to levy for another project. Callahan said there is no need for a formal approval at this sta�e but to stay in touch with staff and MCWD regardin�the matter. 7 ORDINANCE NO. 129 , SECOND SERIES AN ORDINANCE AMENDING ORONO CITY CODE SECTION 3 .20, RULES AND REGULATIONS RELATING TO SEWER.AGE SERVICE, AND THE CITY'S FEE SCHEDULE ORDINANCE PROVIDING PENALTIES FOR VIOLATION THEREOF The City Council of the City of Orono, Minnesota ordains : Section 1. Municipal Zoning Code Section 3 .20, Subd. 6, Paragraph G is hereby deleted in its entirety. Section 2. Municipal Zoning Code Section 3 .20 is hereby amended to add the following language as Subdivision 7, and to renumber current Subdivisions 7 through 9 . Subd. 7 . Prohibited Discharges of Groundwater/ Stormwater into the Sanitary Sewer System. A. Prohibited Connections . No person shall discharge or cause to be discharged, directly or indirectly, any stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer. Any person having a roof drain, sump pump, unauthorized swimming pool discharge, cistern overflow pipe or surface drain connected and/or discharging into the sanitary sewer shall disconnect and remove any piping or system conveying such water to the sanitary sewer system. B. Authority to Inspect. Every person owning improved real estate that discharges into the City' s sanitary sewer system shall allow inspection by authorized City employees or its agents of all properties or structures connected to the sanitary sewer system to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system. C. Correction of Violations. Any owner of any property found to be in violation of this section shall make the necessary changes to comply with this ordinance, and such change shall be verified by authorized City employees or its agents. Any property or structure not inspected or not in compliance shall, following notification from the City, comply within fourteen (14) calendar days or be subject to the surcharge as provided in Paragraph F below. D. Discharge . Existing buildings with sump pumps and all newly constructed buildings with sumps shall have a discharge pipe installed to the outside wall of the building. The pipe attachment must be of rigid permanent-type plumbing such as PVC, copper or galvanized pipe. The discharge shall extend outside of the 1 foundation and may not be pumped directly onto any public right-of-way unless approved by the Public Works Director or the Director's designee. Any disconnects or openings in the sanitary sewer shall be closed and repaired in compliance with applicable codes . E. Continued Compliance and Reinspection. Upon verified compliance with this Chapter, the City reserves the right to reinspect such property or structure at least annually to confirm continued compliance. Any property found not to be in compliance upon reinspection, or any person refusing to allow their property to be reinspected shall, following notification from the City, comply within fourteen (14) calendar days or be subject to the surcharge hereinafter provided for. F. Surcharge. A surcharge set by an ordinance passed by the City Council is hereby imposed and shall be added to every utility billing to properties not in compliance with this Chapter. The surcharge shall be added to every quarterly utility billing until the property is in compliance. If the surcharge is not paid in a timely manner, the delinquent payments may be certified for collection with the following years' property taxes . G. Temporary Waiver. The City Council, upon recommendation of the City Administrator and City Engineer, shall hear and decide requests for temporary waivers from the provisions of this ordinance where strict enforcement would cause a threat to public safety because of circumstances unique to the individual property under consideration. Any request for a temporary waiver shall be submitted to the City Administrator in writing within fourteen (14) calendar days of notification of non-compliance. Upon approval of a temporary waiver from the provisions of this ordinance, the property owner shall agree to pay an additional fee for sanitary sewer services based on the number of gallons discharged into the sanitary sewer system as estimated by the City Engineer. H. Drainage. Stormwater and all other unpolluted drainage shall be discharged to such drainage facilities as are specifically designated by the City Engineer. 2 I . Remedies. The imposition of the surcharge shall not limit the right of the City to seek an injunction in District Court ordering the person to disconnect the non-conforming connection to the sanitary sewer or from pursuing any other legal remedies available, or in the alternative, the City may correct the violation and certify the costs of correction as an assessment against the property on which the correction was made. Ordinance 123, 2nd Series, Section 3 . $�¢���� 1994 Fee Schedule of the Orono City Code is hereby amended by adding the following: City Code TvUe of Charge/Fee Reference CharQe/Fee Sanitary Sewer 3 . 20, Subd. 7, $100/month Surcharge Paragraph F Section 4 . Adoption and Publication. This ordinance shall take effect and shall be enforced from and after the date of its passage and publication. Adopted by the City Council of Orono, Minnesota on this 24th day of October , 1994 by a vote of 4 ayes and 0 nays . AT ST: � • � Dorothy . Hallin, City Clerk Edward J. lahan, Jr. , or 3 . ORDINANCE NUMBER 13 0 , SECOND SERIES SLTMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 13 0, Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. 1 OFFICIAL SI.TIVIlVIARY OF ORDINANCE NUMBER 13 0, SECOND SERIES ORDINANCE NO. 13 0 , SECOND SERIES AN ORDINANCE ADOPTING THE 1995 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 123, SECOND SERIES and NO. 124, SECOND SERIES. The following is the official summary of Ordinance Number 13 0 , Second Series approved by the City Council of the City of Orono on December 12 , 1994. The following section have changes, additions and/or deletions: 1994 1995 DESCRIPTION FEE FEE CONSTRUCTION PERMITS AND INSPECTION FEES MUNICIPAL CONNECTION PERMIT Water 5/8" meter including sales tax $133.00 . $135.00 3/4" meter including sales tax $181.00 $185.00 1" meter including sales tax $235.00 $240.00 LICENSES & MISCELLANEOUS CHARGES General Administrative Documents Reprint of Oversized Documents that $ 2.50 Cost of service + have been microfilmed �essenger Service + Mui. Clerical Fee PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utilitv Service Rates - Effective beginning First Quarter 1995 MUNICIPAL SEWER RATE by unit: lst $ 6b.55/qtr $ 69.90/per qtr each add'1 $ 60.25/qtr $ 63.25/per qtr by flow: $ 2.50/1000 gallon plus $ 2.63/1000 gal $6.35 per qtr per $6.65 per connection quarter per conn. 2 1994 1995 )ESCRIPTION FEE �FEE PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Continued . Utility Service Rates - Effective beginning First Quarter 1995 Continued Stubbs Bay Area un-Connected Properties $ 30.15/qtr $ 31.65/per qtr MUNICIPAL WATER RATES Navane Area Billing & Ready to Serve Chg $ 19.15/qtr $ 20.10/qtr Water Usage Rate $ 1.63/1000 gal $ 1.71/1000 gal Unconnected Property Chg $ 19.15/qtr $ 20.10/qtr (ready to serve/hydrant chg) HwX 12 Area Billing & Ready to Serve Chg $ 7.05/qtr $ 7.40/qtr Water Usage Rate $ 2.26/1000 gal $ 2.37/1000 gal Unconnected Property Chg -0- -0- (ready to serve/hydrant chg) Chevy Chase Area Billing & Ready to Serve Chg $ 7.05/qtr $ 7.40/qtr Water Usage Rate $ 1.80/1000 gal $ 1.89/1000 gal Unconnected Property Chg -0- $ 1.89 (ready to serve/hydrant chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area Area #1 rate $ 15.55/qtr + $ 20.10/qtr + $ 1.27/1000 gal $ 1.71/1000 gal total flow at border meter. RECYCLING CHARGE $ 16.00/year $ 22.00/year 3 , � 1994 1995 DESCRIPTION FEE F''EE PUBLIC WOR�S DEPARTMENT MISCELLANEOUS CHARGES Continued GOLF COURSE CHARGES Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon 1 st Nine Holes $ 7.00 $ 7.25 2nd Nine Holes $ 5.00 $ 5.00 After 12:00 Noon and Weekend Rates lst Nine Holes $ 8.50 $ 8.75 2nd Nine Holes $ 6.00 $ 6.25 Fall Rates Beginning Sept. lst the morning rate would extend to all day Mon.-Fri. Weekend rates would remain the same. League Rates Monday thru Friday $ 8.00 $ 8.25 Season Ticket (Senior citizens Only) $120.00 $125.00 GOLF CART RENTAL Monday thru Friday (Excluding Holidays) 1 st Nine Holes $ 6.00 Deleted A printed copy of the 1995 Fee Schedule Ordinance is available for inspection by ar�y�erson at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 2, 1995. 4 � • Adopted by the City Council of the City of Orono on this 12thday of December, 1994, by a vote of 3 ayes and � nays. Edward J. Callahan r., Mayor ATTEST: � �� • . Dorothy M. a in, City Clerk 5 - - -----�------- ' rn�c��:c:�rc��cY ►�Uit 1995 I���a�:sc�n��:nui.r. Cnpy ('hnr�es I'nge I.icenses & Illiscellnneous (Cont.) Page 1'erntils (Con1.) t'age Ad�uinislr:�lion 21 (;:►rb:igc I[aulcrs I,icc�nsc 19 Rclaining ti'��alls 8 . Accidcnt R�•prn•Is 2d 1[uiuc Orcupalion l,ic��nsc 2Q S��rinicicr Sy�stcius - Commcr. 10 ISuildiu�; I'lau Co��ics 21 Joi��t Usc 1)ocl: Lircnsc II 'l'rapping Pcrn�il (limilccl) 23 Copy nlicrol'ichc l�ilc - 1'I) 24 Kcnncl Liccnsc 21 Uudcr�rou»d '1'anlc Rcmo��al 9 Co��y Scr��icc - Policc llcpl 2d Scplic lustallcrs I,iccnsc 19 W:�ta• 11�Icicr l�ccs 10 Rcpriut O��crsircd Ooc�u�ic��ls Silc I?valuatio�i Liccnsc 1) on �9icrofil�i� 21 Solicitatioii I,iccnsc 20 .Scrt�iccs '1'apc Itccordin}; I)uplic:�liou 21 'I'cmp. 'I'railcr/13uildin�; l,iccnsc 20 l�in�crpi•iiiling (Policc) 24 1Valcr 'Curn-Off CI�ar6e 2G 41nps Por Snle 20 11'atcr Tiu•�t-On Cl�ar};c 26 Cnnrtcclinrt Clrnrgc,c Sanilary Sc���cr 11 1't�Llrc {{�rks ,Su�rplie.c �1� Sc�rrices ,S'i�,�n.c A�lunicipal �Valcr 15 �)rivc�vay Cul�•crts 28 Strccl Si6us (Public �Vorlcs) 28 Drivc���ay�/Curb Cut Pcrmits 28 '1'ci»porary & Pcr�uancnt 1( I)ucurnen(s "1'c�mp. "No Parkin�;" (P.U.) 24 Comprcl�cnsi�•c Guidc 20 1'c�rntils 'I'cmp. "No I'arlcin�;�� (I'.��'.) 28 Spccial AsscsSmcnt Sr.irchcs 21 nrt�,--ci��-racl l�ccs 5 �[ut►icip,il Cudc!Ordin:incc 20 13uildin� 1'crn�it �ccs 8 Ulrli(y linlc & fllisc. 25 R��altors I,is(in� Info 21 liurning I'crniit I�cc 18 An��ual Scr��icc Char�c (Scplic) 15 Ccrt. of Occupanc�• 8 1jru5l� Urop Off l�ec 2C 1�i�Lsc. Alninr (l.��<�r l�i�c� 23 ll�molition 1'crmit I�cc 8 I2ccyclin�; Cl�argc 2G 1)ocics Itcplaccmcnl Itins 2C Gnif Cutu�.r� I��N��.c 27 Cc�iu�ncrcial g Rcsidcntial 8 '/,nning �pplicnlions I�1.cpcclinii.c I�irc I'rotccliun 18 Aflcr-tl�c-l�act l�ccs 5 Contraclu:il Ins��cclion Scrvicc 19 I�ircarms 1'crmil I�rc 23 Amcnd�ucnts 3 Spccial Ins��ccti�m Char�cs IR I�irc�ti�orl:s Pcrmit l�cc 23 A��pcal of Admin. 1)ccisiun 5 1��cll Silc� (nti�►ccliun 18 (�radin�, I:xca��alin�;, l�illin}; lC► Cu►umcrci:�l Silc I'lan 2 l.ar�;c Asscuibl�• I'crn�ilr 23 Con�lition:�l tlsc Pcrmil l�ccs l I,ieenses �� ,1fi.cce!laneorrs I�Iecl►�nical Perniil [�ees 9 ludus(rial Reveuue llond Ai�pl S Aflcr=l'hc I�:►cl l�ccs 5 �Io��e/Lit't Isuildin�; Pcrmit l�cc 37 Pacic Dcdication l���cs 7 An►usemcnl 1)c�-iccs 23 111►u�ici�ial flnolc up 10 1'UD Rczoning 3 Anin�:►1 Iinj►ouncl I�ccs 22 (Sc«�cr/�Valcr) Kczoni�i�; A��plic:�lion l�cc 3 13cc►•, «'inc .� I,iquor I,iccnsc 22 On-Silc S�•stcros (S.rplic) IS Itip It�p Applic:►lion l�cc S _ Cigarcltc Liccnsc 20 vuthuusc Construction 15 Spccial Impr���c►nenls Appl 4 Ccimmcrcial �i:�rin:i I,icc�►sc 19 Paradcs Rc Spccial i�;��cnts 23 Subdivisio�i Applicaliuu l�cc 2 1)og I,iccnsc 21 1'luiubin� Pcrn►i( ) Surchar�c for Slaff T;xP��usc 5 1)ancc� (1'ul►lic) l.icensc 2_1 Vnca(i�m np��lic:�lion l�cc 3 Ca��il►lin�;/R;il'llc I.ic�•nsc 20 Vari:incc Ap�►licaliun I�cc 1 ORDINANCE NO. 130 , SECOND SERIES • AN ORDINANCE ADOPTING TQE 1995 FEE SCHEDULE AN ORDINANCE REPEALING ORUINANCE NO. 123 SECOND SERIES AND NO. 124 SECOND SERIES The City Council of the City of Orono ordains Section 1. Ordinance Repealed. Ordinance No. 123 Second Series, entitled 1994 Fee Schedule and No. 124, Second Series entitled Amendment to 1994 Fee Schedule is hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees effective during the calendar year 1995: SEC1'ION 1. Fecs. ZO1vING APPLICATIONS All fees are apalication fees and are non-refundable after staf'f work has begun on the application. Applicable Application TvPe Fee Code Section VARIANCE $200.00 10.06, Subd 3 (D) (Flexible applications involving more than one variance will require an additional $50.00 payment per each variance) Variancc for Non-Conforming Structures $200.00 RENEWAL VARIANCE $100.00 10.06, Subd 3 (D) (No changc from original application) CONDITIONAL USE PERMIT (One charge per project) 10.09, Subd 3 Residential Accessory Use (Animals, etc.) $125.00 10.09, Subd 3 Institutional Use (School, Church, etc.) $200.00 10.09, Subd 3 Duplex Credit ( per building $150.00 10.09, Subd 3 Guest House/Guest Apartment $175.00 Commercial/Industrial Use $250.00 10.09, Subd 3 Non-Conforming Use $200.00 10.09, Subd 3 1 ZONING APPLICATIONS (CON'I'.) Applicable Application Tvpe Fee Code Section CONDITIONAL U5E PERMIT Continued (One Charge per Project) 10.09, Subd 3 Land Alteration: $200.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls witl�in 0-75' lakeshore PRD Application with Subdivision Subdivision Fce plus $30.00 per dwelling unit PRD Application without Subdivision $ 35.00 per dwciling unit (minimum $150.00) PID Applications $150.00 per acre (minimum $350.00) Renewal Conditional Use Permit $100.00 (no change from original application) Conditional Use Permit with Variance Add $ 50.00 for each variance After-the-Fact Fees Double Application Fee Res. N1306 & #1309 COMMERCIAL SITE PLAN REVI�W $200.00 + Consultant Fee SUBDIVISION Sketch Plan (Class I, II, & III) $200.00 11.10, Subd 7(A) Subdivision Application $300.00 11.10, Subd 10(A) (B) (Class I & lI Subdivisions, Subdivision of a Lot Linc Rearrangement) Preliminary Review $325.00 + $25/lot 11.10, Subd 10(C) (Class III and all non-residential) ($400/3 lots; $425/4 lots) rinal Plat Review (Class III) $175.00 + Special Legal/Engineering Charges 11.10, Subd 17(A) (9) Filing Fees: a) Subdivision only $ 75.00 11.10, Subd 17 (A) (11) b) Subdivision + Easements & $200.00 Minimum plus any additional costs Covenants Renewal of Subdivision Application $150.00 (Class I & II, Subdivision of a Lot Line Rearrangement) (No Change From Original Application) 2 ZOIVING ti.�'LICATIONS (CONT.) . Appticablc Apnlication Tvpe Fee Code Section • SUBDIVISION Continued Rene�val of Preliminary Subdivision Application (Class III) $150.00 (No change from original application) Renewal of Final Subdivision Application $100.00 (No change from original application) PUBLIC ROAD VACATION $ 50.00 per benefitting Section 10.11 property ($250.00 minimum per application) EASEMENT VACATIONS WITH SUBDIVISION APPLICAT[ONS $ 75.00 Section 10.11 EASEMENT VACATIONS NOT ASSOCIATED WITH $175.00 Section 10.11 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZOIVING $300.00 Section 10.11 PUD Rezoning - Allowed only within area adjacent to Highway 12 as defined Ord. 74, 2nd Series in Comprehensive Plan Amendment No. 2 Section 10.53 PUD Rezoning: Residential $300.00 + $40.00 per dwelling unit CommerciuUlndustrial $150.00 per acre (min. $350.00) REQUEST TO AMEND COMPREHENSIVE PLAN $300.00 Section 10.11 3 ZONING APPLICATIONS (CONT.) Applicable Auplication Tvpe Fee Code Section SPECIAL IMPROVEMENTS Section 11.12, Subd 4 Non-refundable charges for City Engineer's review for applications and design drawing, including construction inspection fecs. If improvements are proposed as part of a Subdivision, Rcvicw Chargcs arc pa��able with Prelin�inary Plat application. Proposed Private Roads $600.00 plus 50�/lineal foot Proposed Public Roads $900.00 plus 50�/lineal foot Request for City to accept existing private road $900.00 Request for City to maintain unimproved public road $200.00 Proposed Sanitary Sewer Main Extension $250.00 plus $25.00 per stub Proposed Watermain Extension $250.00 plus $25.00 per stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System - Site Evaluation Revie�v $ 50.00 per new lot proposed (applicable to rural subdivision apptications) for on-site 4 ZONING APPLICATIONS (CONT.) ' Applicable Application Tvpe Fee Code Section RIP-RAP Staff Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $100.00 + CUP review b) Repair previously approved Staff permit = $100.00 APPEAL OF ADMINISTRA7'1VC D�CISION $100.00 10.65, Subd 3 (D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: 0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ adininistrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPl,ICATION FEES Section 10.11 Per Fee Schedule set forth below: Prof�.ssional Timc $ 30.00/hour Clcrical '1'ime $ 18.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actuat Cost AFI'ER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kem�el licenses, all building permils and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. 5 ZONING APPLICATIONS (CONT.) Applicabte AFrER-TH�FACT APPLICATION INVES'TIGATION FEES Continued Fee Code Section Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstauces shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the fee set forth in the Uasic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount). Res. 1306 6 ZONING APPLICATIONS (CONT.) � Applicable Code Section PARK DEDICATION FEES I Municipal Codc Section 11.62 Land Dedication Minimum Area - Subdividers sl�all be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residentiai Goned Land. Dedication requirement of 8% of the land being plattcd or subdivided. (Exclusive of lot that includes an existing residence.) (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platteci or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivatent to the fair market value of the equivalent undevetoped tand thut would othcrwisc I�uvc bcen convcycd or dcdicutcd. Thc City shall account for sucl► funds in a special fund named Park Dedication Funds. . '7 CONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit Tvpe Fee Code Section BLTILDING PERMIT (Ord. 216) Minimum Fee $ 15.00 Normal Fee (per 1988 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1988 UBC/SBC Standard Schedule) Residential 65% of Building Permit Fee Building Valuation Standard (per Current I.C.B.O. Building Standards/Building Valuation Data) ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT $ 50.00 (change in use) RETAINING WALLS (in excess of 42" also $15.00 minimum multiple tiered walls that exceed 42" (per 1988 UBC Standard Schedule) and not located in lakeshore protected area) NOTE: Retaining walls in 0-75' lakeshore protected zone - see Cond. Use Permit section of fee schedule. TREE REMOVAL WITHIN 0-75' $ 30.00 Ord. 10.22 Subd 3 UOCKS - 1tLS1llENTIAL $ 30.00 (Permanent and Initial Seasonal) DOCKS - COMMERCIAL Per 1988 UBC/SBC Standard Schedule DEMOLITION PERMIT (Ord. 216) Principal Structure $ 50.00 Initial inspection $ 25.00 for each requested or required inspection beyond initial inspection Accessory Structure $ 30.00 Initial inspection 8 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) � Applicable Permit Tvpe Fee Code Section PLUMBING PERMIT $ 35.00 minimum per project 1.25% of contract price Mail-in postage & handling charge $ 1.50 MECHANICAL PERMIT Minimum Fee for any Mechanical Permit $ 35.00 per project Mail-in postage & handling charge $ 1.50 Residential Single Familv & Duplex bv Unit Tvpe 1.25% of contract price Under Ground Tank Removal Per mechanical permit fees 9 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvpe Fee Code Section Commercial Industrial and Multi-Familv Residential bv Unit 'Cvpe $ 35.00 minimum fee 1.25% of contract price SPRINKLER SYSTEMS - CONII�IERCIAL -fire sprinkler systems $ 35.00 minimum fee 1.25% of contract price Plan Review = 65% permit fee Surcharge based on valuation -kitchen fire extinguishing system $ 35.00 per system MiJNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 35.00 Water $ 35.00 5/8" meter inctuding sales tax $135.00 3/4" meter including sales tax $185.00 1" meter including sales tax $240.00 larger meter quote basis Mail-in postage & handling cl�urgc $ 1.50 (sewer and water permits only) 10 ALI. SANITARY SEWER CONNCCTION CHARGES (If not prcviously assessed or if an improvement project • is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) Office Use Only By District - Proiect *Credit to Fund 1963 S'I'-lA, LS-lA or STl-13, LSl-13 $225.00 + $472.00 per acre 1 + 34.20 per r.F. 1964 LS-lA or LS-1B $225.00 + $ 35.00 per F.F. 1 1965 LS-1 $225.00 + $ 51.50 per F.F. 1 1965 LS-lA $225.00 + $ 37.50 per F.F. 1 1967 LS-1 $224.60 per unit 1 + $ 22.40 per F.F. 1969 LS-1 Shore Hills $225.00 + $11,126.00 per unit 1 1969 LS-2 Chevy Chase $7,971.00 per unit 1 1970 LS-1 Sage Hill $225.00 + $4,263.00 per unit 1 + $ 26.25 per F.F. 1971 LS-1 Dunwoody $225.00 + $3,883.00 per unit 1 + $ 23.85 per F.F. 1973-1 . $7,529.OU per unit 1 + $ 35.70 per F.F. 1980-1 Minnetonka Bluffs $9,623.00 per unit 2 Wcst Fcrndalc/County Road 15 $28,125.00 per unit 2 Orono Lane $18,018.00 per unit 2 County Road 15 Marinas $7,501.00 per unit 2 1980-2 North Shore Drive/Scotch Pine Lane $26,519.00 per unit 2 1981-1 North Shore Drive/Highwood $11,510.00 per unit 2 1982-1A Nuvarre Utilities $2,453.00 per unit 3 + $1,006.50 trunk area 1982-1B Navarre Utilities Northern Avenue $225.00 + $2,649.00 per acre $225.00= 1 + $198.65 trunk unit acre/unit= 3 1985-1 Crystal Bay $11,633.00 per unit 4 1983-1 Highway 12 Orono-Long Lake-Medina $1,093.00 per unit 2 1989 Highway 12 - Phase I -North Side - $1,742.00 per unit 1 Brown Road to Willow Drive 1989 Highway 12-Phase II Future Trunk Expansion $1,735.00 per unit 1 11 ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) Office Use Only By District - Proiect *Credit to Fund 1992 Stubbs Bay Sewer - (See Area Map) I Stubbs Bay NE/NW - Bayside East $13,097.00 per unit 6 II Bederwood $20,274.00 per unit 6 III Bayside North $17,163.00 per unit 6 IV Oxford $24,225.00 per unit 6 V Cygnet and Leaf $19,579.00 per unit 6 Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) U43-3753-OUO-UO 4) 045-3753-000-00 6) U46-3753-000-00 12 ALL SAriITARY SEWER CONNECTION CHARGES (If m�t previously assessed or if an improvement project is not deemed to be required in the sole discretion of - the City. If an improvement is required, the connection ct�arge may be in addition to any assessment.) Bv District - Proiect I. An additional fee is charged for properties benefitting fran 1984 forcemain and lif't station il7 upgrude, as follows (see map for affectcd ureas): Initial #6 N7 Officc Use Only Char e By Pass Forcemain *Credit to Fund 1. Existing Properties/Increase Previously Previously $444.00 5 Paid Paid 2. New Bldgs Reptacing Previously Previously If usage 5 Existing Bldgs Paid Paid increases from existing $444.00 3. New Residential W/Existing Previously Previously $1,284.50 5 Stub Paid Paid 4. New ltesidential Without $225.U0(1) $1)8.6U(3) $1,284.50(5) 1, 3 & 5 Stub 5. Fresl�wutcr Biulugicul $225.00(1) $198.6U(3) $500/w�it u�� (5) 1, 3 & 5 connection (already assessed $2,000/ac) 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) U46-3753-000-00 13 ALL SA1vITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is requircd, the conncction charge may be in addition to any assessmeut.) Bv District - Proiect II. An additional fee is charged for properties benefitting fron► tl�e 1989 gravity line and lift station/�10 by-pass per Resolution�Y2671, as follows(see map for affected areas): Initiul it10 Office Usc Only CharQe 13v-Pass *Credit to Fund Property Without Stub $225.00 $2,269.00 1 The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundaries of the affected project area shail be charged the connectim� fee for that uffected project area. Such connections are suUject to City Council approval. Sanitary Se�ver Connection Charges *Credit to �nd 1) 073-3753-000-00 3) 044-3753-000-00 5) 024-3753-000-00 2) 043-3753-000-00 4) 045-3753-000-00 6) 046-3753-000-00 14 ALI.MUl`...iPAL WATER CONNECTION CHARGCS (If nut previousty asse._ . or if an improvemeut project is nof deemed to be required in th� s discretion of the City. If an improvement is required, the connection churge may be in addition to any assessment) Office Use Only � Bv District - Proiect *Credit to Fund *Credit to Fund 1967 LW-1 Highway 12/Crystal Bay Road $3,905.50 per unit 1 1) 072-3753-000-00 + $29.00 per F.F. 2) 044-3753-000-00 1969 LW-2 Chevy Chase $3,870.00 per unit 1 1970 LW-1 Navarre Residential $1,933.00 per unit 1 + $19.30 per F.T. 1970 LW-1 Navarre Commercial $2,901.00 per unit 1 + $29.00 per F.F. 1982-1A Navarro $2,060.50 pec unit 2 1989 Highway 12 - Phase I - North Side $ 992.00 per unit 1 Water Trunk - Brown Rd to Willow Dr 1989 Highway 12 Phase II Water Tower, $3,010.00 1 Well, Pumphouse ON-SITE SYSTEMS (Ord. 210) Design Review Fees Included witl� permit fees Suhdivision Site Evaluation Report Review $ 50.00/per new lot Rcsidcntial Systcin Ycrmil: Repair existing system $ 50.00 New/Replacement System $100.00 + $20.00 per each inspection over 3 (Inc4udes outhousc on I3ig Island) Non-Residential System Permit: New or Total replacement $100.00 + $20.00 per each inspection over 4 Partial replacement $ 60.00 + $20.00 per each inspection over 2 Annual Service Charge $ 50.00/system/year plus Section 12.30, Subd 8(C) an additional $10.00 fee for late penalty plus 8% interest for unpaid charges � certified �` 15 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvae Fee Code Section GRADING, EXCAVATION, FILLING - 1-100 cubic yard ( max. 10 loads) $ 50.00 (staff permit) + engineering fees if required ($100.00 if engineering fee necessary) - 101 + cubic yards $ 75.00 + Conditional Use Permit + $25.00 per each inspection over lst ' NOTE: 101 cubic yards or more requires a Conditional iJse Permit unless approved as part of building permit. � SIGNS Temporary $ 30.00 Permanent (Per 1988 UBC/SBC Standard Schedule) 16 CONSTRUCTION PERMITS AND INSPECTION FEES (CONTJ ' Applicable Permit Tvqe Fee Code Section BLTILDING MOVING OR LIF'I'ING (Ord. 227) Fees for this activity are in addition to required building or demulition permits. Fees and any necessary surcharges are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. -Lifting accessory buildings $ 30.00 (no move across lot lines) -Lifting principal buildings $75.00 + engineering fee if necessary (no move across lot lines) (includes pre-lift inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max. 8'6" wide/max. 13'6" high/max. 48' long -Moving accessory building larger than $ 50.00 normal highway clearance -Moving principal buildings over any lot $150.00 linc, onto or off any lot within Orono; includes any move on or over any City street even if not originating or term- � innting in Orono (includes all over- sizc louds exceedii�� 8'6" wide und/or 13'6" high 48' long). -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50.00 within Orono b) Building outside Orono to be moved $150.00 into Orono (max. radius 25 miles) 17 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvpe Fee Code Section SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30.00 (when called by owner) Inspection surcharge for work or $30.00 per trip + boat rental if application on Big Island or transportation is not Deering Island provided by owner Reinspection fee after failure to comply $ 30.00 per trip + $30.00 per with Building, Septic or Zoning Code hour after lst hour Correction Notice - 3rd trip Well Site Inspection No Charge FIRE PROTECTION (Ord. 223) Fire Prevention Inspectiou No Charge Fire Code Permits $ 30.00 each Commercial Hire Alurm Per UBC Schedule Plan Review Fee 65% of permit fee I3URNINC 1'L1tM1'1'S Up to 5 times per year No Charge For Each Reinspection $ 20.00 More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) 18 CONSTRUCTION PEKMITS AND INSPECTION FEES (CONT.) � Applicable Permit Tvpe Fee Code Section CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.00 per month (Ineludes elerical time) Inspection Charge $ 15.00 per inspection Plan Review Charge SBC/UBC Schedule Clerical Fee (Only charged if clerical $ 15.00 per hour use is excessive) I,ICENSES & MISCELLANEOUS CHAKGES Zoning Deuartment Administered COMMERCIAL MARINA LICENS� Application Fee (initial) $300.00 Renewal Application & Inspection I+ee $200.00 (annual) plus: -late fee ' $100.00 JUIN'1' USL UOCK 1.1CLNSl: Application Fee (initial) $ 50.00 Renewal Application Fee $ 20.00 Plus each slip $ 2.00 Late Fee $ 25.00 SEPTIC INSTALLERS LICENSE - Annuat $ 50.00 SITE EVALUATOR LICENSE - Annual $100.00 ' GARBAGE HAULER LICENSE - flat rate $ 30.00 - per hauler $ 15.00/truck � -transfer fee $ 30.00 19 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Permit Tvue Fee Code Section HOME OCCUPATION LICENSE $ 50.00 Initial Review Fee $ 30.00 (Annual Review Fee) TEMPORARY TRAILERS & BUILDINGS $ 30.00 LICENSE Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan - 1980 $ 30.00 (with amendments) Municipal Code Book - complete $ 60.00 w/binder (Ch. 1-12 wlrevisions) Municipal Code Book - Portions Ch 1 thru 9 (Book 1) w/revisions $ 35.00 loose Ch 10 thru 12 (Book 2) w/revisions $ 35.00 loose Ch 10 only (Zoning Code) w/revisions $ 25.00 loose Ch 11 only (Subdiv. Code) w/revisions $ 15.00 loose Other L�dividual Chapters $ .25/page Binder $ 5.00 Comp. Plan Amendment #2 (Hwy 12) $ 5.00 City Maps $ 2.00 each Topographic Information $ I2.00 per acre + engineering consultant fee if computer diskette is required Building & Planning Publications As Posted - Prices subject to change General Administrative Licenses Cigarette Sales Licenses - per quarter $ 5.00 5.24 Gambling & Raffle License $ 10.00 5.23 Solicitation License $ 20.00 5.30 Up'to 10 solicitors - $1.00 each additional solicitor in Orono. Applicant must list only persons that will solicit in Orono. . 20 LICENSES & MISCELLANEOUS CHARGES (CONTJ � Applicable Fee Code Section . General Administrative Documents Continucd Listing Information $ 10.00 Assessment Search - Written $ 10.00/parcel (Verbal searches not given) Copy Service (for public City records only) $ .25 each 11" x 17" copies $ 1.00 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Documents that Cost of copying service, Messenger service & have been microfilmed Min. Clerica! Fee of$5.00 Building Plan Copies and/or Cost of Copying, Messenger Tape Recording Duplication Service & Min. Clerical Fee of$5.00 (entire amount to be paid upon request) Current Street Address Book $ 12.75 Dogs & Kennels llOG LICENSES 9.12 Biannual License (issued in odd years) $ 15.00 Annual License (issued in even years only) $ 7.50 KENNEL LICENSES 5.36 Commercial Application & Inspection Fee $150.00 (Annual) Residential Apptication & Inspection Fee $ 25.00 (Annual) NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. 21 LICENS�S & NIISCELLANEOUS CIIARGES (CONT.) Applicablc Permit Type Fee Code Section DOGS AT LARGE - RELEASE FEE 9.12 First Offense $ 20.00 Second Offense $ 30.00 Third Offense $ 40.00 After Hour & Weekend Relcase Charge $ 45.00 ANIMALS AT LARGE (Other than dogs) - Release Fee 9.13 First Offense $ 20.00 Sccond Offense $ 35.00 Third Offense $ 50.00 Trace & Catch Animal $ 20.00/hour Trailer Charge $ 20.00 plus .25 mile (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost Police Department Administered � BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor $500.00 per License Collected at Application In state investigation Actual cost up to $10,000 Out stutc investigation Actual cost Initial Investigation - Beer/Wine $150.00/person Res. 1306 Off-Sale Liquor License $150.00 4.30 Bond Requirement $5,000.00 On-Sale Liquor License $4,000.00 4.30 On-Sale Wine License $750.00 4.40 3.2 Beer Off-Sale (Annual) $ 25.00 4.20 3.2 Beer On-Sale (Annual) $ 75.00 4.20 Setups (Amival) $100.00 4.60 � Club Liquor License (weekday) $100.00 4.50 (Sunday) $200.00 4.50 Temporary Set-up Permit (one day) $ 25.00/each 4.61 Temporary Beer Permit (one day) $ 15.00/each 4.21 22 LICENS�� 1c MISCEI.LANEOUS CHARGES (CONT.) � � Applicable Application Tvpe Fee Code Section Police Department Administered - Continued AMU5EMENT DEVICE LIC�NSES 5.20 Per Establishment (Annual) $100.00 + machine fee Per Machine Fee $ 25.00 each PUBLIC DANCE LICENSE (annual) $100.00 5.21 (Individual Pcrmit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 FIREWORKS PERMIT $ 50.00 9.10 FIItEARMS DISCHARGE PERMIT 9.10 Occasional (limited use) $ 10.00 Game Animals (limited use) $ 25.00 Annual (Club Only) $ 25.00 I,i1111TF.D TRAPPING P1;RMIT $ 20.00 9.11 Ord. 232 Ord. 243 1'AItAULS & Sl'LCIAL LVLNTS PI�RMIT $ 50.00 6.08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50.00 each call (4-10 total) Next 5 false alarms/calendar year $100.00 each call (11-15 total) Each additional false alarm over 15/ $150.00 each call calendar year 23 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Application TYpe Fee Code Section Police Department Administered - Ca�tinued FINGERPRINTING SERVICE $ 10.00/application (Citizenship No Charge) COPY SERVICE - Police Records First Two Copics $ 3.00 Additional Copics $ 0.50 each COPY OT ACCIDENT RCPORTS $ 3.00 each COPY OF DRIVER'S LICENSE RECORD $ 3.00 each COPY FROM MICROFICHE FILE First Two Copies $ 5.00 Additional Copies $ .25 each "NO PARKING ORDER OF POLICE" $ 0.25 each paper signs (n� lath included) 24 PUBLIC �v.�RKS DEPAR'TMENT NIISCELLANEOUS CIIARGES . - Utilitv Service Rates -Effective beginning First Quarter 1995 MiJNICIPAL SEWER RAT� by unit: lst $ 69.90 per qu�rter 2nd $ 63.25 per quarter by flow: $ 2.G3/1000 gallon plus $6.65 per quarter per connection MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT For those properties unconnected between 16 months after service availability and up to 5 years after service availability and meeting the criteria set forth in Ordinance No. 105, Second Series, allowing for hookup time extension, shall be charged only for the City portion of the sewer unit rate and not for the MWCC portion of the sewer unit rate. Stubbs Bay Area Un-Connected Properties $ 31.65 per quarter 25 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Utilitv Service Rates - Continued Area Hwy 12 Chevy Chase MUNICIPAL WATER RATES Navarre Area Area Billing & Ready to Serve Chg $20.10/qtr $7.40/qtr $7.40/qtr Water Usage Rate $ 1.71/I000 gal $2.37/1000 gal $1.89/1000 gal � Unconnected Property Chg $20.10/qtr -0- -0- (ready to serve/hydrant chg) Fee Federally Mandated Safe Drinking Water $ 5.21 per year on second quarter billing Testing Program (Charged per service connection) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area 1t1 Rate $20.10/qtr bitling charge plus $1.71/1000 gallon total flow at border meter. Penalty for late payment of sewer/water bills - 15% after 45 days from billing date. Interest at 8% on unpaid water/sewer bills certified. Water Turn-On $ 17.50 Water Turn-off $ 17.50 Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost RECYCLING CHARGE $ 22.00/year Recycling Container - Liitial No Charge Replacement (including sales tax) $ 6.50 each Brush Drop Off Fee $ 3.00 per cubic yard $ 1.00 minimum fee 26 � V . . � PUI3LIC �.�RKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) � Fee GOLF COURSE CHARGES - Effective date 1995 Season Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon Ist Nine Holes $ 7.25 FALL RATFS 2nd Nine Holes $ 5.00 Beginning Sept. lst the morning rate would extend to all day Mon.-Fri. After 12:00 Noon and Weekend Rates lst Nine Holes $ 8.75 Weekend rate would remain the same. 2nd Nine Holes $ 6.25 League Rates Monday thru Friday $ 8.25 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays lst Nine Holes $ 5.00 2nd Nine Holes $ 5.00 Seasot� Ticket (Senior Citizens Only) $125.00 GOLF CART RENTAL Motorized: lst Nine Holes (After 12:00 & Weekends) $ 10.00 2nd Nine Holes $ 8.00 Begin Play Before 12:00 Noon lst Nine Holes $ 7.00 2nd Nine Holes $ 7.00 Pull Carts -Per Round $ 2.00 Golf clubs -Per Round $ 2.50 STUDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday -Friday, Excluding Hotidays lst Nine Holes $ 5.00 2nd Nine Holes $ 5.00 CONCESSIONS As Posted 27 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) PUBLIC WORKS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75.00/std. sign (sale includes installation) Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lath) $ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (See zoning section - Special improvement fees) SECTION 2. This ordinance establishing the 1995 Fee Schedule shall be published in the Laker and Pioneer Newspaper and shall be effective the week of January 2, 1995. Adopted by the City Council of the City of Orono on this 12th day of December , 1994. ATT T: Edward J. Callahan r., M or orothy M. H lli , City Clerk Summary ordinance published in the LakerlPioneer newspaper the week of December 19 , 19 94 � 28 + , � , . Ordinance No. 131 , 2nd 5eries AN ORDINANCE REGULATING THE SURFACE USE OF LONG LAKE Section 1. Purpose, Intent, and Application. As authorized by Minnesota Statutes 86B.201, 86B.205, and 459.20, as now in effect and is hereafter amended, this ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Long Lake in Hennepin County, cities of Long Lake and Orono, Minnesota, said body of water being located entirely within the boundaries of the cities of Long Lake and Orono, to promote its fullest use and enjoyment by the public in general and the citizens of Long Lake and Orono in particular; to insure safety for persons and property in connection with the use of said waters; to promote the general health, safery and welfare of the citizens of Long Lake and Orono, Minnesota. This ordinance incorporates by reference Minnesota Statutes 86B.001-.005, 86B.301-.815, Water Safery and Watercraft laws; and Minnesota Rule parts 6110.0100-.2300 Boat and Water Safety Rules. Section 2. Definitions. A. "Lake" means the lake known as Long Lake located in the cities of Orono and Long Lake, and designated as Lake Number 27-160 by the DNR. B. "Personal watercraft" means a watercraft which uses a motor powering a water jet pump as its primary source of motive power, and which is designed to be operated by a person sitting, standing or kneeling on, rather than the conventional manner of sitting or standing inside, the watercraft. � C. "Daytime" means sunrise to sunset. D. "Nighttime" means sunset to sunrise. E. "Race" course means a route defined by the placement of buoys, or by � other means, along which a watercraft is to be driven. , F. "Race" means two or more personal watercraft being driven along a race course simultaneously. Section 3. Maximum Speeds. No person shall operate a watercraft on the Lake at a speed greater than is reasonable and prudent under the conditions and with regard to the actual and potential hazards then existing. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, watercraft or structure in or upon the Lake which is in compliance with legal 1 requirements and the duty of all persons to use due care. No watercraft may be operated on the Lake at a speed in excess of the following limits: (a) 40 miles per hour during the daytime; (b) 15 miles per hour during the nighttime; (c) Slow-no wake speed (not greater than 5 miles per hour) within 150 feet from a swirrimer, an anchored or moored raft or watercraft, or shoreline, dock or pier, except when a watercraft is towing a person(s). The towing watercraft must use the most direct route to and from shore. Section 4. Personal Watercraft. Subd. 1. Prohibition. It is unlawful for any person to operate a personal watercraft or for the owner thereof to permit the operation of a personal watercraft on the Lake in any way which is contrary to the provisions of this Code or the laws, rules or regulations of the state. Subd. 2. Hours of Operation. No person shall operate a personal watercraft between 6:00 p.m. (or sunset, whichever occurs earlier) and 8:00 a.m. the following day. Subd. 3. Wake Jumping. No person operating a personal watercraft shall jump the wake of another watercraft within 100 feet of that watercraft. This includes the wake of another personal watercraft. Subd. 4. Racing Restriction. No persons shall race their personal watercraft unless they have received a race permit through approvals by the cities of Long Lake and Orono, and the Hennepin Counry Water Patrol. Section 5. Noise. , No person shall operate any watercraft or boat on the Lake which is capable of exceeding a noise level on the A scale measured at a distance of 50 feet or more from the watercraft or boat of: (a) 84 decibels in the case of marine engines or motorboats manufactured before January 1, 1982; or (b) 82 decibels in the case of marine engines or motorboats manufactured on or after January 1, 1982; or (c) 82 decibels in the case of personal watercraft water jet pump engines manufactured after January 1, 1992. 2 ,. , �, _ Section 6. Enforcement. The enforcement of this ordinance shall be the primary responsibility of the peace officers of the Hennepin County Sheriff's Department or the Orono Police Department. Other licensed peace o�cers including Conservation Officers of the Department of Natural Resources of the State of Minnesota, and volunteer members of the Hennepin County Water Patrol are also authorized to enforce this ordinance. Section 7. All authorized Resource Management, Emergency and Enforcement Personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions. Section 8. It shall be the responsibiliry of the cities of Long Lake and Orono to provide for adequate notification of the public, which shall include placement of a sign at each public watercraft launching facility outlining essential elements of the ordinance, as well as the placement of necessary buoys and signs. Section 9. Penalties. Any person who violates the provisions of this ordina.nce shall be guilty of a misdemeanor punishable by 90 days incarceration and/or a $700.00 fine or both. Adopted this 9th day of January , 1995, by the ciry council of the City of Orono. Edwar J. Call r., Mayor AT T: � Do othy llin, City Clerk 072094.5 3 ♦ + ORDINANCE NO. 132 , SECOND SERIES AN ORDINANCE AMENDING MUNICIPAL ZONING CODE SECTION 10.41, B-2 LAKESHORE BUSINESS DISTRICT THE CITY COUNCIL OF ORONO ORDAINS AS FOLLOWS: SECTION 1. Municipal Zoning Code Section 10.41, Subdivisions 1 through 16 are hereby deleted. SECTION 2. A new Section 10.41, Subdivisions 1 through 19 are hereby adopted to read as follows: SEC. 10.41. B-2 LAKESHORE BUSINE5S DISTRICT. Subd. l. Purpose. The "B-2" Lakeshore Business District was originally intended to provide areas where lunited commercial businesses could be located to service boats used for recreational purposes on Lake Minnetonka. However, many of the operators of the lakeshore businesses have stripped the trees and vegetation from the shorelands and have expanded the operations so that now the "B-2" Lakeshore Business Districts adversely affect the lake water qualiry and the real estate values of adjoining properties. The purpose of this Chapter is to provide regulation of these businesses in a manner that will insure protection of adjacent residential properties which have previously suffered from the unregulated expansion of commercial activities, while protecting and enhancing the quality of the lake and shoreland environment. � Subd. 2. Definitions. A. "Marina Business" means engaging in one or more of the permitted�, accessory or conditional uses allowed within the B-2 Lakeshore Business District. B. "Charter Boat" is a watercraft carrying passengers for hire on Lake Minnetonka and which is required to hold a Certificate of Registration from the LMCD. Subd. 3. License Required. Each marina business within the "B-2" Lakeshore Business District shall obtain an annual marina business license per the provisions of the Orono Municipal Code. Subd. 4. Application. All applications for a building permit within the "B-2" Lakeshore Business District shall be reviewed by the Council and may be referred to the Planning Commission and/or a specially appointed Lake Use Committee for review. 1 y e Subd. 5. Pemutted Uses. Within the "B-2" Lakeshore Business District, no land or structure shall be used except for one or more of the following uses: A. Rental of in-water boat slips. � B. Sales of boats, motors, trailers and marine accessories. C. Repair and servicing of boats. D. On-land storage of boats, winter and summer. E. Marine fuel sales. F. Bait and fishing tackle sales. Subd. 6. Accessory Uses. Within any "B-2" Lakeshore Business District, the following uses shall be permitted accessory uses: A. Signs. Signs as regulated in this chapter. B. Boat head pumpout/ sanitary boat waste dumping facility. C. Fishing toumaments, subject to the "large assembly" license requirements of Section 5.25 and/or the "special event" permit requirements of Section 6.08. D. Sale of pre-packaged foods or food from vending machines. Prepackaged food includes only food which has been professionally prepared at a location other than on the premises and does not include full-course meals or any food preparation other than �� �� warming by use of an infra-red or micro-wave oven. Sale of food from vending machines is allowed. E. Dive shops. F. Clubhouse (assembly/lounge/kitchenette area for use by slip rental or "boat club" customers only). G. Lessons/teaching (sailing schools, etc.). H. Rental of boats. I. Sailboard sales/rental. J. Ice boating sales/rental/service and operations base. 2 � K. Ice fishing tackle sales. L. Cross-country ski sales/rental/service. Subd. 7. Conditional Uses. No conditional use permit shall be granted unless the property is found to be in compliance with the landscaping and screening requirements of this Section. All conditional use permit applications shall be reviewed in accordance with the provisions of Section 10.09 of this chapter. Within any "B-2" Lakeshore Business District, no structure or land shall be used for the following uses except by conditional use permit: A. Boat Clubs (time share). Applicant shall demonstrate that adequate parking is available on the site. B. Public boat launching,On-Demand(On-demand launching of customer- owned boats stored on the business site). Applicant shall demonstrate that adequate parking is available on the site. Approval shall be subject to LMCD permit for such use, but City shall not be obligated to approve such use if approved by LMCD when parking is inadequate. C. Public Boat Launching, Transient. (Launching of boats via a ramp or other means for or by customers when such boats are not stored on the site). Applicant shall demonstrate that adequate car-trailer parking is available on the site. Hours of operation shall be at Council discretion. D. Charter boat port of call. A charter boat port of call shall be defined as a location where a charter boat may pick up passengers other than the owner or operator or employees of the charter boat, whether or not the charter boat is normally berthed on the property. The City may place appropriate conditions on a charter boat port of call regarding minunum parking requirements, hours of operation, etc. as may be appropriate to protect public interest. Applicant shall demonstrate to Council that all such conditions are met. E. One caretaker dwelling unit, subject to conditions and limitations for such use that may be imposed by the City Council. Subd. S. Parking Requirements. Within the "B-2" Lakeshore Business District the off-street parking facilities shall be sufficient to eliminate any traffic or parking congestion likely to be caused by the business conducted. The parking areas need not be paved, but shall be provided with appropriate stormwater runoff quality/quantity controls as may be required in this chapter. The minimum parking requirements shall be as follows: A. Six parking spaces shall be provided for each ten boat slips on water or on land. 3 B. At least eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 feet, including warehousing, and all outside sales and storage areas related to the sales and service functions. � C. If the proposed use is to include the launching of boats owned by the public for the day from trailers (i.e. Public Boat Launching, Transient), ten additional auto-trailer parking spaces shall be provided for each ramp. D. If the proposed use is to include a charter boat port of call, one additional parking space for each 3 seats of gross charter capacity shall be provided, or a plan for off-site parking and shuttle service shall be provided to the City subject to Council approval. E. The required parking spaces may not be separated by a public roadway from the dock, a storage space, mooring space, floor space, or ramp they are designed to serve. F. Required off-street parking space may not be utilized for open storage of goods or for the storage of boats, except that during the winter storage season each year, the required off-street parking may be used for winter storage of boats provided that 20% of the required parking spaces remain as a functional parking area. During the transition seasons (April 15 to May 31 and September 16 to November 15), adequate parking shall be maintained on the site, sufficient to eliminate traffic or parking congestion, but in no case shall parking be reduced to less than 20% of the required spaces. _ G. Parking may not be allowed in any required yard or landscaping area. H. Employee parking spaces shall be in addition to the parking spaces required above. The number of employee parking spaces shall be designated on an official parking plan to be kept on file with the City. I. Where these minimum parking requirements prove to be inadequate for a given use, additional parking may be required in order to continue that use. Subd. 9. Yards. The minunum required yard areas for the district shall be landscaped and planted with evergreen and deciduous shrubs and trees in accordance with a detailed landscape plan. Storage of boats, vehicles, equipment and materials shall not be allowed within any required yard. Subd. 10. Landscaping Areas. In addition to the landscaping required in the required yard areas for the district, the following landscaping areas shall be landscaped in accordance with the following provisions: A. The minunum landscaping areas shall be as follows: 4 u. 1. The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore adjacent to the licensed marina operation and equal to 10% of the average lot depth, but in no case shall it be less than 10 feet nor more than 75 feet. Breaks in the landscaping area for access to the lake shall not exceed an aggregate width of 30 feet for each . marina operation. 2. Side yard landscaping area shall be an area that is parallel to the side lot line and not within the lakeshore landscaping area or front yard landscaping area and shall not be less than 10 feet deep. 3. Front yard landscaping area shall be an area that is parallel to the street or opposite the lakeshore landscaping area and shall not be less than 10 feet deep. Breaks in the landscaping area for access to the public road shall not exceed an aggregate width of 50 feet for each marina operation. B. The detailed landscape plan for each landscaping area shall provide for a natural woods area containing primarily evergreen and deciduous trees not less than six feet in height. Shrubs not less than two feet in height shall be interdispersed among the trees so as to eventually provide, at maturity, a natural screen that will not be less than 50% opaque during the summer months. No uses shall be allowed in the landscaping area except the required landscaping and access roads. A privacy fence may be required in addition to the natural landscaping which has been planted to meet the requirements of this district. The use of any fencing shall not satisfy the requirements of providing natural landscaping and solid visual screening. Any yard area requiring landscaping to meet the requirements of this district shall _ be planted with nursery stock, balled and bagged trees and shrubs. All landscaping shall be maintained in a healthy growing condition. C. All the required improvements in the landscaping will be completed prior to the date of issuance of an occupancy certificate or as otherwise provided by this Chapter, whichever date occurs first. D. All landscape areas shall be sufficiently delineated by berming, curbing, or other acceptable physical barrier so as to eliminate the encroachment of vehicle parking, winter and summer boat storage, and other materials or equipment storage into the required landscape areas. E. All groundcover in the required landscaping areas shall be natural living materials, such as grass or other planted groundcover. Decorative rockbeds and the like, whether or not lined with plastic, fabric or other weed inhibitors, shall constitute no more than 10% of the required landscape areas. Subd. 11. Additional Performance Standards. Within the "B-2" Lakeshore Business District any land use must meet the following performance standards: 5 �,. A. Suitable sanitary facilities connected to public sanitary sewer shall be provided on the premises for men and women, and further, suitable facilities shall be provided for the disposal of wastes accumulated in boats docked or serviced at the marina, including head pumpout facilities and a designated porta-potty dump station. � B. Insofar as practicable, all means of access to the operation from any street shall be so located and designed as to avoid the routing of vehicles from the property over streets that primarily serve abutting residential areas. All access roads from the operation to any public paved roadway shall be paved for a distance of at least thirty feet adjacent to the public roadway to minunize dust and noise conditions. All access roads from the operation to any unpaved public roadway shall be treated to minimize dust conditions at least to the extent the unpaved public roadway is dust controlled. C. All lighting on the premises shall be shielded so that no direct glare can be seen from adjoining residences, from the lake or from the roadway. D. The hours for running engines or operating any boat engine for the purpose of charging batteries, running auxiliary equipment or testing shall be between the hours of 8:00 A.M. and 6:00 P.M. Noise shall be limited per the provisions of the Zoning Chapter. E. The maximum hours of operation for retail sales and service functions shall be 7:00 A.M. to 10:00 P.M., except as necessary to support normal (non-tournament) fishing activity or private (non-charter) use of the boats stored on the premises, unless other permission is specifically granted by the Council. F. Persons in charge shall at all times keep the docks, sea walls, and premises in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. G. Persons in charge shall prohibit the dumping or throwing of garbage, paper, bottles, cans, refuse or debris into waterway. Persons in charge of mooring area shall provide garbage cans of sufficient size to hold garbage or refuse to be collected. Dumpsters shall be screened so as to not be visible off-site. H. No commercial docks or boat buoys shall extend further into the waters of any lake than is reasonably necessary to accommodate the docking and mooring of such craft as shall customarily and lawfully be used on the lake or so as to interfere with, obstruct, or tend to obstruct, or render dangerous for use or passage a body of water within the primary harbor limits of the City. The length of docks and location of buoys shall be regulated by the Ciry Code. All such commercial docks and wharves shall be constructed and maintained of such materials and of such type of construction as will not render them unsafe or likely to endanger public enjoyment of the waters. The use of non-encased expanded-bead polystyrene foam as a dock flotation material has been prohibited elsewhere in the municipal code. Commercial docks shall be maintained in a neat and orderly manner at all times. 6 � I. If on-land boat storage facilities are provided, the boats shall be stored in such manner that they do not create a fire hazard. Any outside structures for purpose of storage of boats may not exceed 15 feet in height. On-land boat storage areas may not be located � in the required yards or landscaping areas. The premises shall at all tunes be maintained in a neat and orderly manner. J. Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as may be required by the Council, and as required in Municipal Code Section 9.34. Such tanks or containers shall be stored in such a manner and location so as not to create a danger to the community. K. On-land boat density. 1. Summer boat density. The number of boats stored on the premises for any and all reasons shall not exceed that number which can be safely stored in allowable locations while maintaining appropriate ingress, egress and emergency access to the site, as well as maintaining the required number of acceptable parking spaces. Boats shall not be stored in required auto parking spaces during the summer months (June 1 thru September 15). 2. Winter boat density/storage. The number of boats stored on the premises for any and all reasons during the winter season (November 16 thru April 14) shall not exceed that number which can be safely stored in allowable locations while maintaining ingress, egress and emergency access to the site, as well as maintaining the required number of winter parking spaces. 3. A site plan designating the location of summer and winter boat storage shall be submitted for Council approval no later than three months after adoption of this section and shall require Council approval for any future revisions. Subd. 12. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height. B. The following minunum requirements shall be observed: 1. Lot Area - 2 acres. 2. Lot Width Parallel to Lake - 200 feet. 3. Lot Width Perpendicular to Lakeshore - 200 feet. 4. Lakeshore Yard - 75 feet. 5. Side Yard - 10 feet. 6. Front Yard Along Street - 30 feet. 7 i, � Subd. 13. Setback, Hardcover and Tree Removal Regulations. All property in the B-2 Lakeshore Business District is subject to the requirements of Municipal Zoning Code Section 10.56, Shoreland Management. In addition, the following standards shall apply: � A. Lakeshore Setback Regulations. The building setback from the shoreline shall be 75 feet. B. Setback to Residential. No operation or activities except for storage and parking may be conducted closer than 50 feet to the boundary of an adjoining property line which property is used for residential purposes. C. Setback Along Streets. No operation or activities except for storage and parking may be conducted closer than 50 feet to the right-of-way of any existing street, road or highway. D. Lakeshore Hardcover Regulations. Within 75 feet of the shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hardcover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35% hardcover. E. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six inches or more shall be removed without first obtaining a permit from the Council. Tree removal and other vegetation management shall be in accordance with the provisions of Municipal Zoning Code Section 10.56. Subd. 14. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant any tune a new use is applied for, whether through subdivision, variance, conditional use permit or building pernut. Such plans shall be provided in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission and Council for approval. Such stormwater runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Construction of facilities to manage the quantity and quality of stormwater runoff may be required. Any change in grade affecting water runoff whether onto adjacent property or otherwise, must be in compliance with the Surface Water Management Plan, Shoreland Management Regulations, Flood Plain Management Regulations, and shall be consistent with other applicable regulations or City Code provisions, and is further subject to the approval of other agencies having jurisdiction over the area affected by the drainage. 8 ,. • . . Subd. 15. Non-Conforming Use. Notwithstanding any other provision of this Chapter, any non-conforming use of land not involving a structure and any non-conforming use involving a structure with an assessor's fair market value on January 1, 1975, of$3,000.00 shall � be allowed to continue as a non-conforming use subject to the provisions as set forth in Section 10.03. Subd. 16. Variances. Variances may be granted to the provisions of this Chapter in accordance with the provisions set forth in Section 10.08. Subd. 17. Variances For Required Landscaping Areas. The Council may grant a variance allowing a four year installation and planting period to meet the requirements of the landscaping and planting provisions hereof, to any applicant who: A. Submits a detailed landscape plan showing sufficient planting and landscaping in each of the four years in order to provide at the end of the four years a natural screen that will not be less than 50% opaque during the summer months and not less than 25% opaque in winter. B. Submits four year planting and landscaping plan which shall provide that in each year of the plan, at least 25% of the necessary landscaping and planting (as determined by the Council as of May 1, 1995) be planned and completed for each required landscaping area according to the other provisions of this Chapter. The Council may vary this requirement in order to allow a higher percentage of the landscaping and planting in any required landscaping area and credit the applicant for the landscaping and planting which otherwise would be required in other landscaping areas. Subd. 18. Regulation of Structures Within the Lake. Adoption by Reference. The City hereby adopts by reference and makes a part of this Chapter as if fully set forth herein, the following: Chapter II of the LMCD Code as codified on May 27, 1988 including sections 2.001 through 2.12 and subsequent amendments. The City expressly reserves the right to deny any variance to the provisions of Chapter II as amended, even though the same variance was granted by the Lake Minnetonka Conservation District. Subd. 19. Reference to Other Ordinances. Section 10.41 is expressly conditioned upon the effectiveness of the Ordinances of the Lake Minnetonka Conservation District pertaining to marina regulations and if all or a portion of such Ordinances are declared invalid by a court of competent jurisdiction, no marina shall have a longer dock, more boat slips or more boat buoys than what was permitted by the terms of that ordinance on the date it was declared invalid, or than was last approved by the Lake Minnetonka Conservation District, whichever is less. The City expressly reserves the power to be more restrictive in its regulation than the Lake Minnetonka Conservation District Ordinances if the public health, safety and welfare of the citizens of Orono so requires. 9 "�� , � `� SECTION 3. Adoption and Publication. This ordinance shall take effect immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 23rd day of January, 1995, by a vote of 4 ayes and 0 nays. Edward J. Call n, Jr., Mayor ATTEST: \\ i"�1 . orothy M. al ' , City Clerk . 10 :t� � y• � � � y� ORDINANCE NO. 133, 2ND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 9.12 ADOPTED APRIL 1, 1984 AND ENTITLED "DOG REGULATION AND LICENSING." The City Council of Orono ordains: Ordinance No. 9.12, and entitled "Dog Regulation and Licensing", Subdivision 11, Other Unlawful Acts adopted April 1, 1984, is repealed and the following language is adopted: Subd. 11. Other Unlawful Acts. It is unlawful for the owner of any dog to: 1. Fail to have the license tag issued by the City firmly attached to a collar worn at all times by the licensed dog, or 2. Own or keep a dog which is dangerous (any such dog which has caused injury to persons or property shall be deemed "dangerous"), or 3. Interfere with any police officer, or other City employee, in the performance of his duty to enforce this Section, or 4. Fail to prevent his dog from defecating in or upon public property or the premises of another, or 5. Permit solid waste of a dog to accumulate on his premises for more than twenty-four hours. Subd. 14. Noise � A. Disturbing Peace and Quiet. No person owning, operating, having charge of, or occupying, any building or premises shall keep or allow to be kept any animal which shall, by any noise unreasonably disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably disturb the peace and quiet shall include, but is not limited to, the creation of any noise by any 'animal which can be heard by any person, including the Animal Control Officer or a law enforcement officer, from a location outside of the building or premises where the animal is being kept and which animal noise occurs repeatedly over at least a five minute period of time with one minute or less lapse or time between each animal noise during the five minute period. B. Complaint. Any person may call or deliver a complaint to the Animal Control Officer stating facts and circumstances of an alleged violation of this Subsection. The Animal Control Officer shall investigate such complaint. If a violation occurs in the presence of the Animal Control Officer, a summons may be issued. If probable cause of a violation 1 . � '' i, ' + � Ordinance No. 133, 2nd Series page 2 exists, which violation did not occur in the presence of the Animal Control Officer, all reports, witness statements and evidence may be submitted to the City Prosecuting Attorney for a formal complaint. This ordinance becomes effective from and after its passage and publication. Passed by the Council this 13th day of March, 1995. , ' r ATTEST: ward J. Callaha , 7r., Mayor _ � � � Linda S. Vee, Deputy Clerk 2 � , • . ORDINANCE # 1�, 2ND SERIES AN ORDINANCE ADOPTING THE MINNESOTA STATE BUII.DING CODE; PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT;REGULATING THE ERECTION,CONSTRUCTION,ENLARGEMENT,ALTERATION,REPAIR,MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUII.DINGS AND/OR STRUCTURES IN THE CITY OF ORONO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AMENDING SECTION 12.01 - BUII�DING CODE ADOPTED, OF THE ORONO MUNICIPAL CODE AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH AND REPEALS ORDINANCE 87, SECOND SERIES WHICH WAS ADOPTED BY THE CITY COUNCIL ON AUGUST 13, 1990. The City Council of Orono ordains as follows: Subdivision 1. Building Code. The Minnesota State Building Code, established pursuant to Minnesota State Statutes 16B.59 through 16B.75, one copy of which is on file in the office of the City Clerk, is hereby adopted as the Building Code for the City of Orono. Such Code is hereby incorporated in this Ordinance as if fully set out herein. A. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. 1300 Minnesota Building Code 2. 1301 Building Official Certification 3. 1302 State Building Construction Approvals 4. 1305 Adoption of the 1994 Uniform Building Code including Appendix Chapters a. 3, Division I, Detention and Correctional Facilities b. 12, Division II, Sound Transmission Control c. 29, Minimum Plumbing Fixtures 5. 1307 Elevators and Related Devices 6. 1315 Adoption of the 1993 National Electrical Code 7. 1325 Solar Energy Systems 8. 1330 Fallout Shelters 9. 1335 Floodproofing Regulations 10. 1340 Facilities for the Handicapped 1l. 1346 Adoption of the 1991 Unifor�n Mechanical Code 12. 1350 Manufactured Homes 13. 1360 Prefabricated Buildings 14. 1365 Snow Loads 15. 1370 Storm Shelters 16. 4715 Minnesota Plumbing Code 17. 7670 Minnesota Energy Code Page 1 of 2 . � �� � � _� , _ Ordinance No. 134, 2nd Series page 2 B. Administration Optional. The following optional Append'uc Chapters of the 1994 Uniform Building Code are hereby adopted and incorporated as part of the building code for this municipality as authorized by Minnesota rule part 1305.0020. 1. 15, Reroofmg 2. 31, Division II, Membrane Structures C. The following optional chapters of Minnesota rule are hereby adopted and incorporated as part of the building code for this municipality. 1. 1306, Special Fire Protection Systems with option 8 (Group M, S, or F occupancies with 2,000 or more gross square feet) 2. 1335, Floodproofing Regulations Subdivision 2. Organization and Enforcement. The organization of the Building Department and enforcement of the Code shall be as established by Chapter 1 of the Uniform Building Code 1994 Edition. The Code shall be enforced with the corporate limits of the City and extratenitorial limits permitted by States Statutes 1984. A. The Building and Zoning Department shall be the Building Code Department of the City of Orono. B. The Administrative Authority shall be the State Certified Building Official C. The appointing Authority shall designate the Building O�cial for the jurisdiction of Orono. Subdivision 3. 1. Permits, Inspections and Fees. Permits, inspections and collection of fees shall be provided in Chapter 1 of the Uniform Building Code 1994 Edition. 2. Surcharge. In addition to the permit fee required by Item #1, the applicant shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes 1984, Section 16B.70. Subdivision 4. Violations and Penalties. Shall be in keeping with Minnesota Statutes 609.033 - 609.034 which provides for a maximum fine of $700.00 Subdivision 5. Adoption and Publication. This ordinance shall be effective upon adoption, and a short summary shall be published in THE PIONEER and THE LAKER newspapers. Adopted by the City Council of Orono on this lOth day of April, 1995. ATTEST: , � v , Edward J. Callah ,, Jr., Mayor Linda 5. Vee, Deputy Clerk Page 2 of 2 ORDINANCE NO. 13� SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 130, SECOND SERIES, ADOPTED DECEMBER 12, 1994, AND ENTITLED "1995 FEE SCHEDULE." The City Council of Orono ordains: Ordinance No. 130, Second Series adopted December 12, 1994, and entitled "1995 Fee Schedule" is amended to read: Applicable Permit Tvpe Fee Code Section � CONSTRUCTION PERMITS AND INSPECTION FEES BUII.DING PERMTT (Ord. 21� Minimum Fee $15.00 Normal Fee (per 1994 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1994 UBC/SBC Standard Schedule) Residential 65% of Building Permit Fee Building Valuation Standard (per Current I.C.B.O. Building Standards/Building Valuation Data) RETAINING WALLS (in excess of 42" also $15.00 minimum multiple tiered walls that exceed 42" (per 1994 UBC Standard Schedule) and not located in lakeshore protected area) DOCKS - COMMERCIAL Per 1994 UBC/SBC Standard Schedule This ordinance becomes effective from and after its passage and publication. Adopted by the Council this 24th day of April, 1995. ward . Call , Jr., Mayor A ST: . Dorothy allin, City Clerk ..'.,�• , � ORDINANCE #136, 2nd Series AN ORDINANCE REGULATING THE SURFACE USE OF LONG LAKE Section 1. Purpose, Intent, and Application. As authorized by Minnesota Statutes 86B.201, 86B.205, and 459.20, as now in effect and is hereafter amended, this ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Long Lake in Hennepin County, cities of Long Lake and Orono, Minnesota, said body of water being located entirely within the boundaries of the cities of Long Lake and Orono, to promote its fullest use and enjoyment by the public in general and the citizens of Long Lake and Orono in particular; to insure safety for persons and property in connection with the use of said waters; to promote the general health, safety and welfare of the citizens of Long Lake and Orono, Minnesota. This ordinance incorporates by reference Minnesota Statutes 86B.001-.005, 86B.301-.815, Water Safety and Watercraft laws; and Minnesota Rule parts 6110.0100-.2300 Boat and Water Safety Rules. Section 2. Definitions. A. "Lake" means the lake known as Long Lake located in the cities of Orono and Long Lake, and designated as Lake Number 27-160 by the DNR. B. "Personal watercraft" means a watercraft which uses a motor powering a water jet pump as its primary source of motive power, and which is designed to be operated by a person sitting, standing or kneeling on, rather than the conventional manner of sitting or standing inside, the watercraft. 1 ."� . � C. "Daytime" means sunrise to sunset. D. "Nighttime" means sunset to sunrise. E. "Watercraft Course" means a route for watercraft to follow, defined by buoys or other objects placed in the water. Waterway markers placed by a governmental unit or under permit from the Hennepin County Sheriff's Department are excluded from this definition. � Section 3. Maximum Speeds. No person shall operate a watercraft on the Lake at a speed greater than is reasonable and prudent under the conditions and with regard to the actual and potential hazards then existing. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, watercraft or structure in or upon the Lake which is in compliance with legal requirements and the duty of all persons to use due care. No watercraft may be operated on the Lake at a speed in excess of the following limits: (a) 40 miles per hour during the daytime; (b) 15 miles per hour during the nighttime; (c) Slow-no wake speed (not greater than 5 miles per hour) within 150 feet from a swimmer, an anchored or moored raft or watercraft, or shoreline, dock or pier, except when a watercraft is towing a person(s). The towing watercraft must use the most direct route to and from shore. Section 4. Personal Watercraft. Subd. 1. Prohibition. It is unlawful for any person to operate a personal watercraft or for the owner thereof to permit the operation of a personal watercraft on the Lake 2 .-,�y . . , in any way which is contrary to the provisions of this Code or the laws, rules or regulations of the state. Subd. 2. Hours of Operation. No person shall operate a personal watercraft between 6:00 p.m. (or sunset, whichever occurs earlier) and 8:00 a.m. the following day. Subd. 3. Wake Jumping. No person operating a personal watercraft shall jump the wake of another watercraft within 100 feet of that watercraft. This includes the wake of another personal watercraft. Subd. 4. Watercraft Course Restriction. No person shall operate a personal watercraft through a watercraft course unless they have received written approval from the Hennepin County Sheriff's Department. Section 5. Enforcement. The enforcement of this ordinance shall be the primary responsibility of the peace officers of the Hennepin County Sheriff's Department or the Orono Police Department. Other licensed peace officers including Conservation Officers of the Department of Natural Resources of the State of Minnesota, and volunteer members of the Hennepin County Water Patrol are also authorized to enforce this ordinance. Section 6. All authorized Resource Management, Emergency and Enforcement Personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions. 3 v—� �- Section 7. It shall be the responsibility of the cities of Long Lake and Orono to provide for adequate notification of the public. The City of Long Lake shall place a sign at its public watercraft launching facility outlining essential elements of the ordinance. Section 8. Penalties. Any person who violates the provisions of this ordinance shall be guilty of a misdemeanor punishable by 90 days incarceration and/or a $700.00 fine or both. Adopted this 12th day of ,7un� , 199� , by the city council of the City of Orono. Edward J. Call an, Jr., Mayor ATT ST: � Dorothy M. llin, City Clerk 052695.2 Publish the week of June 19 , 1995, in the Laker and Pioneer newspaper . 4 4 _• ORDINANCE NO. 137, 2ND SERIES AN ORDINANCE REPEALING ORDINANCE NO. 9.12. DOG REGULATION AND LICENSING ADOPTED 4/1/84; ORDINANCE 57, 2ND SERIES ADOPTED 8/22/88; ORDINANCE 60, 2ND SERIES ADOPTED 11/14/88; ORDINANCE 93, 2ND SERIES ADOPTED 4/22/91; AND ORDINANCE NO. 133, 2ND SERIES ADOPTED 3/13/95. The City Council of Orono ordains: Repeal. Ordinance 9.12 adopted 4/1/84; Ordinance 57, 2nd Series adopted 8/22/88; Ordinance 60, 2nd Series adopted 11/14/88; Ordinance 93, 2nd Series adopted 4/22/91 and Ordinance 133, 2nd Series adopted 3/13/95 are hereby repealed and replaced with the following language. SEC. 9.12. DOG REGULATION AND LICENSING. Subd. 1. Definition. For the purpose of this Section, "owner" means a person who owns, harbors, feeds, boards or keeps a dog. Subd. 2. Running at Large and Biting Dogs Prohibited. It is unlawful for the owner of any dog to permit such animal to run at large. Any dog shall be deemed to be running at large with the permission of the owner unless: A. It is on a durable leash secured to an object which it cannot move and is on the premises of the owner. B. On a leash and under the control or within 10 feet and under the effective command of the accompanying person of suitable age and discretion. C. In the owners' fenced yard or other suitable enclosure where the dog cannot leave without human assistance. D. In the owners' yard and under effective command of an accompanying person of suitable age and discretion present outside in the yard. E. In a vehicle from which the dog cannot leave without human assistance provided it is not left unattended in violation of Minnesota Statutes. Any dog having bitten a persou or other anunal, shall be forthwith impounded for the period of incubation. Subd. 3. License Required. It is unlawful for the owner of any dog, six months 1 . w of age or more, to fail to obtain a license therefor from the City, except as follows: A. Dogs conf'med to a City licensed commercial kennel need not be individually licensed. B. Dogs conf'med to a City licensed residential kennel shall be individually licensed but need not wear the license tag while they are confined in the kennel. C. Dogs currently licensed by another jurisdiction may be temporarily kept in the City for a period not to exceed thirty days provided the dog wears a tag or other identi�cation from such licensing jurisdiction, and provided that the current City license is obtained if the temporary stay extends beyond thirty days or otherwise becomes permanent. Dogs licensed by other jurisdictions are not exempt from the kennel licensing requirements or from any other provision of this Section. Subd. 4. Application. All licenses shall be issued by the City and applications therefore shall be accompanied by a certi�cate issued by a veterinarian licensed to practice in the State of Minnesota, showing that the dog is vaccinated against rabies for the duration of the applied for license. Should the rabies vaccination expire prior to the full term of the license, the owner is responsible for updating such vaccination. No more than two dog licenses shall be issued to any one person or for any one lot, property or address at any one time unless there shall first have been issued a current residential or commercial kennel license for said person, lot property or address. Subd. 5. Fees. All licenses and impounding fees provided for in this Section shall be issued only upon payment in full of fees fixed and determined in accordance with City Code Section 1.05. License fees shall be due for the full two-year license period except that licenses issued in even-numbered years may be prorated to one-half of the two-year license fee. No other prorating shall be permitted. Subd. 6. Tag Required. All licensed dogs shall wear a collar and have a tag firmly affixed thereto evidencing such license for the cunent year. A duplicate for a lost tag may be issued by the City upon presentation of the receipt showing the payment of the license fee for the current license period, and payment of the fee for a duplicate license. Tags shall not be transferable, and no refund shall be made on any dog license fee because of leaving the City or death of the dog before the expiration of the license. Subd. 7. License Period. All dog licenses shall be issued and be valid for the whole or unexpired portion of two year periods beginning on January 1 of each odd-numbered year. All dog licenses regardless of the date of issuance shall expire on December 31 of each even-numbered year. Dog owners shall apply for license renewal prior to the license expiration date. 2 � � Subd. 8. Notice of Impounding. Upon the impounding of any dog, the owner shall be notified, or if the owner is unknown, written notice shall be posted for five days at the City Hall describing the dog and the place and time of taking. Subd. 9. Release From Animal Pound. Dogs shall be released to their owners, as follows: A. If such dog is owned by a resident of the Ciry, after purchase of a license as aforesaid, and payment of the impounding fees. B. If such dog is owned by a person not a resident of the City, after immunization of any such dog for rabies, and payment of the impounding fee for the period for which the dog was impounded. Subd. 10. Animal Pound. Any dog found in the City without a tag, or animal running at large, shall be placed in the Animal Pound, and an accurate record of the time and such placement shall be kept on each animal. Every animal so placed in the Animal Pound shall be held for redemption by the owner for a period of not less than ten regular business days unless a veterinarian authorizes its immediate destruction. A"regular business day" is one during which the pound is open for business to the public for at least four hours between 8:00 o'clock A.M. and 7:00 o'clock P.M. Impoundment records shall be preserved for a minimum of three (3) years and shall show (1) the description of the animal by specie, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal three months of age or over was received; and, (5) the name and address of the person to whom any animal three months or age or over was transferred. If unclaimed, such animal shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scienti�c institution under authority of Minnesota Statutes, Section 35.71. Provided, however, that if a tag affixed to the animal, or a statement by the animal's owner after seizure specifies that the animal should not be used for research, such animal shall not be made available to any such institution but may be destroyed after the expiration of the ten day period. Animals raised for food or fiber products shall not be seized or disposed of without prior examination by a licensed veterinarian pursuant to a warrant issued by a judge. Subd 11. Other unlawful Acts. It is unlawful for the owner of any dog to; (1) fail to have the license tag issued by the City �rmly attached to a collar wom at all times by the licensed dog, or (2) own or keep a dog which is dangerous (any such dog which has caused injury to persons or property shall be deemed "dangerous:), or (3) interfere with any police officer, or other City employee, in the performance of their duty to enforce this Section, or (4) fail to prevent dog from defecating in or upon public property or the premises of another, or (5) permit solid waste of a dog to accumulate on owners premises for more than twenty-four hours. Subd. 12. Immobilization of Dogs. For the purpose of enforcement of this Section any Animal Control Officer or law enforcement officer may use a so-called tranquilizer 3 y • .- . , � gun or other instrument for the purpose of immobilizing and catching a dog. Subd. 13. Waming of Vicious Dogs. The owner of any dog known to be of vicious habits shall place in plain view of the entrance to their premises a sign no smaller than 12 inches by 14 inches which shall read: "Beware of Vicious Dog" in letters at least 2 inches in height. Subd. 14. Noise. A. Disturbing Peace and Quiet. No person owning, operating, having charge of, or occupying, any building or premises shall keep or allow to be kept any animal which shall, by any noise unreasonably disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including the Animal Control Officer or law enforcement officer, from a location outside of the building or premises where the animal is being kept and which animal noise occurs repeatedly over at least a five minute period of time with one minute or less lapse or time between each animal noise during the five minute period. B. Complaint. Any person may call or deliver a complaint to the Animal Control Of�cer stating facts and circumstances of an alleged violation of this Subsection. The Animal Control Officer shall investigate such complaint. If a violation occurs in the presence of the Animal Control Officer, a summons may be issued. If probable cause of a violation exists, which violation did not occur in the presence of the Animal Control Officer, all reports, witness statements and evidence may be submitted to the City Prosecuting Attorney for a formal complaint. This ordinance becomes effective from and after is passage and publication. Passed by the Council the 24th day of July, 1995. AT ST: Edward J. Call , r., ayor � . orothy . H llin, Ciry Clerk 071895.2 Published in the Laker and Pioneer newspapers the week of Augu st 7, 19 9 5 . 4 . � � #. ORDINANCE # 13 8 , 2ND SERIES INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL OR OTHER PERMITS AND APPROVAL FOR PRIVATE DRIVEWAYS WHICH SERVE THREE OR MORE RESIDENCES. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 138 , 2nd Series SECTION 1. Statement of Policv. The City Council fmds that the City is presently faced with the potential of applications for private driveways which serve three or more residences. Such applications may arise in the context of new development or of rearrangements of existing developments. It appears to the Council that the consequences of allowing such private drives may be undesirable, and may generate future problems for the safety and welfare of the City residents. The Council, therefore, �nds that it is necessary to study the impact of applications under Zoning codes Section 10.02; 10.03, subd. 8; and 10.60, subd. 16; and of applications which may also implicate the City's Subdivision Code Sections 11.03; 11.10; 11.32; and 11.33 that would allow such roads. The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the city code need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establ�sh guidelines for the benefit of those who wish to develop property in order to bring about savings of public and private expenditures and to provide the public guidelines to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning permitted land use and zoning performance standards, the granting of preliminary approval of subdivision applications or other permits for private driveways serving three or more residences would be contrary to the purpose of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study. Therefore, the Council's authority to grant preliminary approval to subdivision applications and for private roads and driveways outside of the subdivision context shall not be exercised during the limited terms of this Ordinance, except as provided in Section 5. SECT���N 2. Studv. The Council hereby refers this matter to the Planning Commission to initiate a study regarding the implications of its current ordinances governing private driveways to serve three or more residences and the potential need for amendments to the city code to implement the results of that study. Page 1 of 2 �, � I�' SECTION 3. Restrictions on the Granting of Preliminary Subdivision Approval and Building Permits. No preliminary subdivision approval shall be given by the Council for any subdivision or building permit for which application has not already been made for private driveways to serve three or more residences. SECTION 4. Duration. This Ordinance shall expire on September 11, 1995, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and the appropriate evaluation and action, including any necessary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total of not more than 18 additional months. SECTION 5. Variances. The Council may grant a variance to this Ordinance if the Council fmds after careful review of all the facts that a proposal is not contrary to the intent of the comprehensive communiry management plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safery or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state law. SECTION 6. Separabilitv. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 7. This Ordinance shall be published in the THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on the 2 4 th day of July , 1995, by a vote of 5 ayes and 0 nays. ATT ST: � . . orothy M H llin, City Clerk Edward J. Call , r., Mayor Page 2 of 2 .S�.�Y 7 � ORDINANCE # 13 9 , 2ND SERIES INTERIM ORDINANCE PURSUANT TO MINNE50TA STATUTES SECTION 462.355, SUBDIVISION 4, PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE) APPROVAL, REZONING, PUD OR BUII.DING PERMIT APPROVAL WITHIN THE HIGHWAY 12 CORRIDOR AS DEFINED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 13 9 � 2nd Series. SECTION 1. Statement of Policv. The City Council fmds that the City is presently faced with the potential of applications for subdivision, rezoning, zoning (CUP/Variance), PUD or building permits for property within the Highway 12 Corridor. It appears to the Council that the consequences of allowing such applications to be approved may be undesirable because the current ordinances may not be consistent with the City's zoning and development goals. The Council, therefore, finds that it is necessary to study the impact of development under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions. The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the City code need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to develop property in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning permitted land use and zoning performance standards, the granting of preliminary approval of subdivision applications, zoning (CUP/Variance)applications, rezoning applications, PUD or building permits for property within the Highway 12 Corridor would be contrary to the purpose of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study SECTION 2. Highway 12 Corridor Defined. As used in the Ordinance, the Highway 12 Corridor shall be defined as four areas of property within the City of Orono defined as follows: Area 1. That area bounded by U.S. Highway 12 on the south, County Road 6 on the north, Willow Drive on the east, and Old Crystal Bay Road on the west. Area 2. That area bounded by U.S. Highway 12 on the north, Old Crystal Bay Road on the west, the Burlington Northern Railroad on the south, and the municipal boundary between Orono and Long Lake on the east. Page 1 of 2 _' ;i-�.: �,-, Area 3. That area bounded by U.S. Highway 12 on the north, Burlington Northern Railroad on the south, Stubbs Bay Road on the west, and Old Crystal Bay Road on the east. Area 4. That area bounded by Old Crystal Bay Road on the east, County Road 6 on the north, and U.S. Highway 12 on the south and west. SECTION 3. Studv• The Council hereby refers this matter to the Planning Commission to initiate a study regarding the implications of the potential need for amendments to the City code to implement the results of that study. SECTION 4. Restrictions on the Granting of Preliminarv Subdivision Approval, Zonin�(CUP/Variance) Approval, Rezoning. PUD or Buildine Permits. No preliminary subdivision approval, Zoning (CUP/Variance) approval, Rezoning, PUD or Building Permit approval shall be given by the Council for any property within the Highway 12 Corridor as defined herein. SECTION 5. Duration. This Ordinance shall expire on January 22, 1996, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total of not more than 18 additional months. SECTION 6. Variances. The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Communiry Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono Ciry �ode and state law. SECTION 7. Separabilitv. Every section, provision, or part of this Ordinance is declared separable from every other section, provision or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 8. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on this 14th day of August, 1995, by a vote of_5 ayes and �_ nays. A T: `\�- . Dorothy M. lin, City Clerk Edward J. Callah , Jr., Mayor Page 2 of 2 ORDINANCE NO. 14 0 , SECOND SERIES AN ORDINANCE AMENDING ORONO MUNICIPAL CODE SECTION 5.35, ADOPTED 4/1/84 AND ENTI'TLED "GARBAGE AND REFUSE HAULERS"; SECTION 5.37, ADOPTED 4/1/84 AND AMENDED 2/10/92 AND ENTITLED "ON-SITE SEWAGE TREATMENT SYSTEMS CONTRACTOR"; SECTION 5.38 ADOPTED 2/10/92 AND ENTITLED "ON-SITE SEWAGE TREATMENT SYSTEMS SITE EVALUATOR AND DESIGNER," AND SECTION 5.40 ADOPTED 4/1/84 AND ENTITLED "HOME OCCUPATIONS." The City Council of Orono ordains: SECTION 1. Ordinance Section 5.35 adopted 4/1/84 and entitled "Garbage and Refuse Haulers:; Section 5.37 adopted 4/1J84 and amended 2/10/92 and entitled "On-Site Sewage Treatment Systems Contractor , Section 5.38 adopted 2/10/92 and entitled "On-Site Sewage Treatment Systems Site Evaluator and Designer", and Section 5.40 adopted 4/1/84 and entitled "Home Occupations" are amended to read: Section 5.35. Garbage and Refuse Haulers. Subd. 5. License Period. All licenses for garbage and refuse haulers shall expire on May 31 of each year. Application for renewal of an existing garbage and refuse hauler's license shall be made to the City Clerk at least sixty (60) days prior to the expiration date. Section 5.37. On-Site Sewage Treatrnent Systems Contractors. Subd. 6. License Period. All licenses for on-site sewage treatment systems contractors shall expire on March 31 of each year. Application for renewal of an existing on-site sewage treatment system contractor's license shall be made to the City Clerk at least sixty (60) days prior to the expiration date. Section 5.38. On-Site Sewage Treatment Systems Evaluator and Designer. Subd. 5. License Period. All licenses for on-site sewage treatment systems evaluators and designers shall expire on March 31 of each year. Application for renewal of an existing on- site sewage treatment systems evaluator and designer's license shall be made to the City Clerk at least sixty (60) days prior to the expiration date. Section 5.40. Home Occupations. Subd. 3. License Period. All licenses for home occupations shall expire on September 30 of each year. Application for renewal of an existing home occupation license shall be made to the City Clerk at least sixty (60) days prior to the expiration date. Page 1 of 2 � ' •. . SECTION 2. Adoption and Publication. This ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effective immediately upon publication. Passed by the City Council of Orono, Minnesota on this 28th day of August, 1995. A T: . orothy M. llin, City Clerk ward J. Cal an, Jr., Mayor Page 2 of 2 . � - r • �- ORDINANCE # 141 , 2ND SERIES AN ORDINANCE TO EXTEND THE MORATORIUM ESTABLISHED IN ORDINANCE #138, 2ND SERIES, PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL OR OTHER PERNIITS AND APPROVAL FOR PRIVATE DRIVEWAYS WHICH SERVE THREE OR MORE RESIDENCES. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 141 � 2nd Series. SECTION 1. Statement of Policv. The City Council finds that the City is presently faced with the potential of applications for private driveways which serve three or more residences. Such applications may arise in the context of new development or of rearrangements of existing developments. It appears to the Council that the consequences of allowing such private drives may be undesirable, and may generate future problems for the safety and welfare of the City residents. The Council, therefore, finds that it is necessary to study the impact of applications under Zoning codes Section 10.02; 10.03, subd. 8; and 10.60, subd. 16; and of applications which may also implicate the City's Subdivision Code Sections 11.03; 11.10; 11.32; and 11.33 that would allow such roads. The Council further fmds that if, as a result of this study, the land use controls and zoning provisions contained in the city code need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to develop property in order to bring about savings of public and private expenditures and to provide the public guidelines to future Ciry action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning permitted land use and zoning performance standards, the granting of preliminary approval of subdivision applications or other permits for private driveways serving three or more residences would be contrary to the purpose of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study. Therefore, the Council's authority to grant preliminary approval to subdivision applications and for private roads and driveways outside of the subdivision context shall not be exercised during the limited terms of this Ordinance, except as provided in Section 5. SECTION 2. Studv. The City Council on July 24, 1995 adopted Ordinance #138, 2nd Series which initiated a study regarding the implication of its current ordinances governing private driveways to serve three or more residences and the potential need for amendments to the city code to implement the results of that study. This study is currently underway but has not been completed. Page 1 of 2 ..�, .. . . .. . SECTION 3. Extension of Interim Ordinance. The City Council finds that it would be unwise, improper and unjust to grant preliminary subdivision approval or other permits and approval for private driveways which serve three or more residences as noted above until the study as provided in Section 2 has been completed. Section 4 of Ordinance #138, 2nd Series allows the duration of said Ordinance to be extended by adoption of a subsequent ordinance for up to 18 additional months after the September 11, 1995 expiration date. Therefore, the City Council hereby extends the interim Ordinance per the provisions of Section 5 below. SECTION 4. Restrictions on the Grantin� of Preliminarv Subdivision Approval and Building Permits. No preliminary subdivision approval shall be given by the Counc�l for any subdivision or building permit for which application has not already been made for private driveways to serve three or more residences. SECTION 5. Duration. This Ordinance shall expire on March 11, 1996, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and the appropriate evaluation and action including any necessary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total of not more than 12 additional months. SECTION 6. Variances. The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the comprehensive community management plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state law. SECTION 7. Separabilitv. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 8. This Ordinance shall be published in the THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on the llth day of September, 1995, by a vote of 3 ayes and 0 nays. AT'i` ST: �-- ��� i�� � Dorothy M. a lin, City Clerk Edward J. Call an, r., Mayor Page 2 of 2 �, r� •_ ORDINANCE NO. 14 2 , SECOND SERIES AN ORDINANCE REPEALING ORDINANCE NO. 9.14 ADOPTED 4/1/84 AND ORDINANCE NO. 71, SECOND SERIES ADOPTED 4/14/89 AND ENTITLED ��CURFEW". The City Council of Orono ordains: Ordinance No. 9.14 adopted 4/1/84 and Ordinance No. 71, Second Series adopted 4/14/89 and entitled "Curfew" are repealed and is replace by the following language. Ordinance No. 14 2 , Second Series. Curfew. Subd. l. Curfew -Juveniles, ages 12 and younger. It shall be unlawful for any juvenile, twelve (12) years of age or younger to be on or present upon any public street, alley, park, playground, or place open to the public, or place of amusement and enterta.inment, vacant lot, or other unsupervised place in the City between the hours of nine o'clock (9:00) P.M. and five o'clock (5:00) A.M. of the following day. This Section shall not apply when the juvenile is accompanied by the Juvenile's parent, guardian, or other adult person having authorized care, custody or control of such juvenile. Subd. 2. Curfew - Juveniles, ages 13 through 14. It sha1T be unlawful for any juvenile thirteen(13) through fourteen(14) years of age to be on or present upon any public street, alley, park, playground, or place open to the public, or place of amusement and entertainment, vacant lot, or other unsupervised place in the Ciry between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. of the following day. This Section shall not apply when the juvenile is accompanied by the Juvenile's parent, guazdian, or other adult person having authorized care, custody or control of such juvenile. Subd. 3. Curfew - Juveniles, age 15 through 16. It shall be unlawful for any juvenile fifteen (15) through sixteen (16) years of age to loiter, idle, wander, or play in or upon any public street, avenue, alley, park, playground, or place open to the public, or place of amusement and entertainment, vacant lot, or other unsupervised place in the City between the hours of eleven o'clock (11:00) P.M. to five o'clock (5:00) A.M. Sunday through Thursday, and 12:00 Midnight to five o'clock (5:00) A.M. on Friday and Saturday. This Section shall not apply when the juvenile is accompanied by the juvenile's parent, guardian, or other adult person having authorized care, custody or control of such juvenile. Subd. 4. Curfew - Juveniles, age 17. It shall be unlawful for any juvenile seventeen (17) years of age to loiter, idle, wander, or play in or upon any public street, avenue, alley, park, playground, or place open to the public, or place of amusement and entertainment, vacant � lot, or other unsupervised place in the Ciry between the hours of twelve o'clock (12:00) Mid.night and five o'clock (5:00) A.M. This Section shall not apply when the juvenile is accompanied by the juvenile's parent, guardian, or other adult person having authorized care, custody or control of such juvenile. � .�� y Subd. 5. Curfew - Liability of Parent(s). It shall be unlawful for any parent, guardian, or other adult person having authorized care, custody, or control of any juvenile under age eighteen (18), to knowingly permit such juvenile to violate the provisions of Subd. 1, Subd. 2, Subd. 3 or Subd. 4. Subd. 6. Curfew - Liability of Proprietor. It shall be unlawful for any person operating or in charge of any place of amusement, entertainment, or refreshment, or other place of business, to knowingly permit any juvenile under the age of eighteen (18) years to loiter or idle in such place contrary to the provisions of Subd. 1, Subd. 2, Subd. 3 or Subd 4, and such person shall immediately order such juvenile to leave. If such juvenile refuses to leave such place, such person shall immediately notify the Orono Police Department of the violation. Subd. 7. Curfew - Exceptions. Such curfew shall not apply to any students under the age of eighteen(18) years who are lawfully attending, going to or returning from school, church or community sponsored athletic, musical or social activities or events. Subd 8. Curfew - Penalties. 1. Any juvenile under the age of eighteen (18) years found on or in any public street, avenue, alley, park, or other place, in violation of Subd. 1, Subd. 2, Subd 3 or Subd. 4, may be sent or taken home or placed under proper custody by any police officer of the Orono Police Department. 2. Any juvenile who violates the provisions of Subd. 1, Subd. 2, Subd. 3 or Subd. 4, shall be deemed a juvenile offender as defined by Minnesota Statute. 3. Any juvenile, guardian, or other adult person(s) who violates the provisions of Subd. 5 shall be guilry of a petty misdemeanor. 4. Any proprietor and/or employee(s) who violates the provisions of Subd. 6 shall be guilty of a petty misdemeanor. This ordinance becomes effective from and after its passage and publication. Passed by the council this 23rd day of October, 1995. � � l� Edwazd J. C a , Jr., Mayor ATT ST: . �' . orothy M. llin, Ciry Clerk e - ORDINANCE NUMBER 14 3 , SECOND SERIES SUMMARY APPROVED The Council hereby determines that the test of the summary of this ordinance marked "Official Summary of Ordinance Number 14 3 , Second Series," and a copy of which is attached Aereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. 1 . � OFFICIAL SLfNIMARY OF ORDINANCE NUMBER 14 3 , SECOND SERIES ORDINANCE NO. 14 3 , SECOND SERIES AN ORDINANCE ADOPTING THE 1996 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 130, SECOND SERIES AND NO. 135, SECOND SERIES. The following is the official summary of Ordinance Number 14 3 , Second Series approved by the City Council of the City of Orono on November 2 7 , 1995. The following section have changes, additions and/or deletions: 1995 1996 DESCRIPTION FEE FEE ZONING APPLICATIONS VARIANCE $200.00 $220.00 (Flexible applications involving more than one � variance will require an additional $50.00 payment per each variance) Variance for Non-Conforming Structures $200.00 $220.00 RENEWAL VARIANCE $100.00 $120.00 (No change from original application) CONDITIONAL USE PERMIT (One charge per project) Residential Accessory Use (Animals, etc.) $125.00 $175.00 Institutional Use (School, Church, etc.) $200.00 $250.00 Duplex Credit (per building) $150.00 $200.00 Guest House/Guest Apartment $175.00 $225.00 Commercial/Industrial Use $250.00 $300.00 Non-Conforming Use $200.00 $250.00 Land Alteration: $200.00 $250.00 Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore Renewal Conditional Use Permit $100.00 $150.00 (no change from original application) 2 1995 1996 7ESCRIP'rION FEE FEE ZONING APPLICATION Continued Conditional Use Permit with Variance Add $50.00 for Add $75.00 for each variance each variance COMMERCIAL SITE PLAN REVIEW $200.00 plus $250.00 plus Consultant Fee Consultant Fee SUBDIVISION Sketch Plan (Class I, II, & III) $200.00 $250.00 Subdivision Application $300.00 $350.00 (Class I & II Subdivisions, Subdivision of a Lot Line Rearrangement) Preliminary Review $325.00 + $25/lot $375.00 + $25/lot (Class III and all non-residential) ($400.00/3 lots; ($450.00/3 lots; $425.00/4 lots) $475.00/4 lots) Final Plat Review (Class III) $175.00 + Special Legal/ $2()0.00 + SpacialLegaU Engineering Engineering Renewal of Subdivision Application $150.00 $2�•� (Class I & II, Subdivision of a Lot Line Rearrangement) (No change from original application) Renewal of Preliminary Subdivision Application (Class III) $150.00 $200.00 (No change from original application) � Renewal of Final Subdivision Application $100.00 $150.00 (No change from original application) PUBLIC ROAD VACATION $ 50.00 per benefitting $75.00 per benefitting property property ($250.00 min. per appl.) ($300.00 min. per appl.) EASEMENT VACATIONS WITH SUBDIVISION APPLICATIONS $ 75•� $100.00 EASEMENT VACATIONS NOT ASSOCIATED WITH SUBDIVISION APPLICATIONS $175.00 $200•00 3 � . ry . 1995 1996 )ESCRIPTION FEE FEE ZONING APPLICATIONS Continued ZOrTING AMENDMENTS INCLUDING REZOIVING $300.00 $350.00 PUD Rezoning: Residential $300.00 + $40.00 $350.00 + $40.00 per dwelling unit per dwelling unit REQUEST TO AMEND COMPREHENSIVE PLAN $300.00 $350.00 CONSTRUCTION PERMITS AND INSPECTION FEES BUILDING PERNIIT Minunum Fee $ 15.00 $ 21.00 RETAINING WALLS (in excess of 42" also $ 15.00 $ 21.00 multiple tiered walls that exceed 42" and not located in lakeshore protected area) MUNICIPAL CONNECTION PERMIT Water 5/8" meter including sales tax $135.00 $139.00 3/4" meter including sales tax $185.00 $191.00 1" meter including sales tax $240.00 $247.00 ALL St�NITARY SEWER CONNECTION CHARGES Various Various Charges Charges Reflecting Cost of Investment ALL MUlvICIPAL WATER CONNECTION CHARGES Various Various Charges Charges Reflecting Cost of Investment SPECIAL INSPECTION CHARGES Well Site Inspection No Charge Deleted LAWN SPRINKLER SYSTEM - - $ 35.00 SEPTIC INSTALLERS LICENSE - Annual $ 50.00 Deleted SITE EVALUATOR LICENSE - Annual $100.00 Deleted 4 � 1995 1996 DESCRIPTION FEE FEE LICENSES AND MISCELLANEOUS CHARGES General Administrative Documents Assessment Search - Written $ 10.00/parcel $ 15.00/parcel (Verbal searches not given) Current Street Address Book $ 12.75 $ 15.00 Police Devartment Administered Firearms Permit to Carry - - $ 10.00 FINGERPRINTING SERVICE $ 10.00/application $ 15.00/application (resident only) COPY SERVICE - Police Records First Two Copies $ 3.00 $ 5.00 Additional Copies $ 0.50 each $ 0.25 each COPY OF ACCIDENT REPORTS $ 3.00 $ 5.00 COPY OF DRIVER'S LICENSE RECORD $ 3.00 $ 5.00 COPY FROM MICROFICHE FILE First Two Copies $ 5.00 $ 10.00 Additional Copies $ .25 $ .50 TAPE DUPLICATION - - $ 10.00 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utili� Service Rates - Effective beginning First Quarter 1996 MUNICIPAL SEWER RATE by Unit: lst $ 69.90 per quarter $ 72.00 per quarter 2nd $ 63.25 per quarter $ 65.15 per quarter by Flow: $ 2.63/1000 gal plus $ 2.63/1000 gal plus $6.65 per quarter $6.85 per quarter per connection per connection Stubbs Bay Area Un-Connected Properties $ 31.65 per quarter $ 32.60 per quarter 5 s � 1995 1996 )ESCRIPTION FEE FEE PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Continued MUNICIPAL WATER RATES Navarre Area: Billing & Ready to Serve Charge $ 20.10/qtr $ 20.70/qtr Water Usage Rate $ 1.71/1000 gal $ 1.76/1000 gal Unconnected Property Charge $ 20.10/qtr $ 20.70/qtr Hwy 12 Area: Billing & Ready to Serve Charge $ 7.40/qtr $ 7.60/qtr Water Usage Rate $ 2.37/1000 gal $ 2.44/1000 gal Chevy Chase Area: Billing & Ready to Serve Charge $ 7.40/qtr $ 7.60/qtr Water Usage Rate $ 1.89/1000 gal $ 1.95/1000 gal Bulk sale to Minnetonka Beach for Lafayette Ridge Area Area#1 Rate $ 20.10/qtr plus $ 20.70/ qtr plus $ 1.71/1000 gallon $ 1.76/1000 gallon total flow at border meter t,aal flow at border n�ter Brush Drop Off Fee $ 3.00 per cubic yard Deleted $ 1.00 minunum fee Deleted GOLF COURSE CHARGES - Effective date 1996 Season Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon lst Nine Holes $ 7.25 $ 7.50 After 12:00 Noon and Weekend Rates lst Nine Holes $ 8.75 $ 9.00 2nd Nine Holes $ 6.25 $ 6.50 2nd Nine Hole (Weekday after 12:00 noon) - - $ 5•� League Rates Monday thru Friday $ 8.25 $ 8.50 6 � , � 1995 1996 DESCRIPTION FEE FEE PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Continued GOLF COURSE CHARGES - Effective date 1996 Season Continued FALL RATES Will begin the Monday nearest the 15th of Sept. - Weekend Rates: lst Nine - - $ 7.50 2nd Nine - - $ 5.00 Riding Cart $ 7.00/per nine - Weekday Rates: lst Nine - - $ 5.00 2nd Nine - - $ 3.00 Sr. & Jr. - - $ 3.00 Riding Cart - - $ 5.00/per nine A printed copy of the 1996 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 1, 1996. Adopted by the City Council of the City of Orono on this 2 7th day of November , 1995, by a vote of 3 ayes and �_ nays. G ATTEST: Edward J. allahan, r., Mayo . Dorothy M. a m, City Clerk g,�,�.� Publish in the Laker/Pioneer newspapers the week of December 11 , 1995 7 ' � DIRECTORY FOR '1996 FEE SCHEDULE ' Copy Charges Page Licenses & Misce//aneous (Cont.J Page Permits (Cont.J Page � Administration 21 Garbage Haulers License 17 Sprinkler Systems - , Accident Reports 22 Home Occupation License 18 Commercial 10 Building Plan Copies 19 Joint Use Dock License 17 Trapping Permit (Limited) 21 Copy Microfiche File - PD 22 Kennel License 19 Underground Tank Removal 9 Copy Service - Police Dept 22 Solicitation License 18 Water Meter Fees 10 � Driver's License Record 22 Temporary Trailer/Building Reprint Oversized Documents license 18 Services On Microfilm 19 Fingerprinting (Police) 22 Tape Recording Duplication Maps For Sa/e 18 Water Turn-Off Charge 24 (Police Dept.) 22 Water Turn-On Charge 24 Pub/ic Works Supp/ies & Services Connection Charges Driveway Culverts 26 Signs Sanitary Sewer 11 Driveway/Curb Cut Permits 26 Street Signs (Public Works) 24 Municipal Water 15 Temporary & Permanent 15 Permits Temp. "No Parking" (P.D.) 22 Documents After-The-Fact Fees 5 Temp. "No Parking" IP.W.) 26 Comprehensive Guide 18 Building Permit Fees 8 Special Assessment Searches 19 Burning Permit Fee 16 Uti/ity Rate & Misce//aneous 23 Municipal Code/Ordinance 18 Cert. of Occupancy 8 Annual Service Charge - Realtors Listing Info 19 Demolition Permit Fee 8 Septic 14 Current Street Address Book 19 Docks: Recycling Charge 24 Commercial 8 Recycling Replacement.Bins 24 Fa/se A/arm User Fee 21 Residential 8 Fire Protection 16 Zoning App/ications Go/f Course Rates 25 Firearms Discharge Permit 21 After-The-Fact Fees 5 Firearms Permit To Carry 21 Amendments , 3 /nspections Fireworks Permit Fee 21 Appeal of Admin. Decision 5 Contractual Inspection Grading Excavating, Filling 14 Commercial Site Plan 2 Service 17 Large Assembly Permits 21 Conditional Use Permit Fees 1 Special Inspection Charges 16 Lawn Sprinkter System 16 Industrial Revenue Bond Appl. 5 � Mechanical Permit Fees 9 Park Dedication Fees 7 Licenses & Misce//aneous Move/Lift Building Permit Fee 15 PUD Rezoning 3 After-The-Fact Fees 5 Municipal Hook Up Rezoning Application Fee 3 Amusement Devices 21 (Sewer/Water) 10 Rip Rap Application Fee 5 Animal Impaund Fees 20 On-Site Systems (Septic) 14 Special Improvements Appl. 4 Beer, Wine & Liquor License 20 Outhouse Construction 14 Subdivision Application Fee 2 Cigarette License 18 Parades & Special Events 21 Surcharge for Staff Expense 5 Commercial Marina License 17 Plumbing Permit 9 Vacation Application Fee 3 Dog License 19 Retaining Walls 8 Variance Application Fee 1 Dance (Public) License 21 Gambling/Raffle License 18 ORDINANCE NO. 14 3 , SECOND SERIFS AN ORDINANCE ADOPIZNG THE 1996 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 130,SECOND SIItIFS AND NO. 135 SECOND SERIES � The City Council of the City of Orono ordains Section 1. Ordinance Reuealed. Ordinance No. 130 Second Series, entitled 1995 Fee Schedule and No. 135, Second Series entitled Amendment to 1995 Fee Schedule is hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees effective during the calendar year 1996: SECTION 1. Fees. ZOrTING APPLICATIONS All fees are aoalication fees and are non-refundable after staff work has begun on the application. Applicable Apqlication Tvae Fee Code Section VARIANCE $220.00 10.06, Subd 3 (D) (Flexible applications involving more than one variance will require an additional $50.00 pAyme��t per each variAnce) Variancc for Non-Confurming Structures $220.00 RENEWAL VARIANCE $120.00 10.06, Subd 3 (D) (No change from original application) CONDITIONAL USE PERMIT (One charge per project) 10.09, Subd 3 Residential Accessory Use (Animals, etc.) $175.00 10.09, Subd 3 Institutional Use (School, Church, etc.) $250.00 10.09, Subd 3 Duplex Credit (per building) $200.00 10.09, Subd 3 � Guest House/Guest Apartment $225.00 Commercial/Industrial Use $300.00 10.09, Subd 3 Non-Conforming Use $250.00 10.09, Subd 3 1 ZONII�TG APPLICATIONS (CONT.) ' Applicable Aqulication Tvpe Fee Code Section CONDITIONAL USE PERMIT Continued (One Charge per Project) 10.09, Subd 3 - Land Alteration: $250.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea watls, retaining walls within 0-75' lakeshore PRD Application with Subdivision Subdivision Fee plus$30.00 per dwelling unit PRD Application without Subdivision $ 35.00 per dwelling unit (minimum $150.00) PID Applications $150.00 per acre � (minimum $350.00) Renewal Conditional Use Permit $150.00 (no change from original application) Conditional Use Permit with Variance Add $ 75.00 for each variance After-the-Fact Fees Double Application Fee Res. �1306 & #1309 COMMERCIAL SITE PLAN REVIEW $250.00 + Consultant Fee SUBDIVISION Sketch Plan (Class I, II, & III) $250.00 11.10, Subd 7(A) Subdivision Application $350.00 11.10, Subd 10(A) (B) (Class I & II Subdivisions, Subdivision of a Lot Line Rearrangement) Preliminary Revicw $375.00 + $25/lot 11.10, 5ubd 10(C) (Class III and all non-residential) ($450/3 lots; $475/4 lots) Final Plat Review (Class III) $200.00 + Special Legal/Engineering Charges 11.10, Subd 17(A) (9) Filing Fees: a) Subdivision only $75.00 11.10, 5ubd 17 (A) (11) b) Subdivision + Easements & $200.00 Minimum plus any additional costs Covenants Renewal of Subdivision Application $200.00 (Class I & II, Subdivision of a Lot Line Rearrangement) (No Change From Original Application) 2 ZONIIVG APPLICATIONS (CONT.) Applicable , Auplication Tvpe Fee Code Section _ - SUBDIVISION Continued ' Renewal of Preliminary Subdivision Application (Class III) $200.00 (No change from original application) Renewal of Final Subdivision Application $150.00 (No change from original application) PUBLIC ROAD VACATION $ 75.00 per benefitting Section 10.11 property ($300.00 minimum per application) EASEMENT VACATIONS WITH SUBDIVISION APPLICATIONS $100.00 Section 10.11 EA5EMENT VACATIONS NOT ASSOCIATCD WITH $200.00 Section 10.11 SUIIDIVISION APPLICATIONS ZO1�IING AMENDMENTS INCLUDING REZONING $350.00 Section 10.11 PUD Rezoning -Allowed only within arca adjacent to Highway 12 as defined Ord. 74, 2nd Series in Comprehensive Plan Amendment No. 2 Section 10.53 PUD Rezoning: Residential $350.00 + $40.00 per dwelling unit Commerciai/Industrial $150.00 per acre (min. $350.00) REQUEST TO AMEND COMPREHENSIVE PLAN $350.00 Section 10.11 3 ZONING APPLICATIONS (CONT.) Applicable ' Application Tvne Fee Code Section SPECIAL IMPROVEMENTS Section 11.12, Subd 4 Non-refundable charges for City Engineer's review for applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $600.00 plus 50!/lineal foot Proposed Public Roads $900.00 plus 50�/lineal foot Request for City to uccept existiug private road $900.00 Request for City to maintain unimproved public road $200.00 Proposed Sanitary Sewer Main Extension $250.00 plus $25.00 per stub Proposed Watermain Extension $250.00 plus $25.00 per stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System - Site Evaluation Review $ 50.00 per new lot proposed (applicable to rural subdivision applications) for on-site 4 ZONING APPLICATIONS (CONT.) Applicable ' Aaelication Tvpe Fee Code Section RIP-RAP Staff Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $100.00 + CUP review b) Repair previously approved Staff permit = $100.00 APPEAL OF ADMINISTRATIVE DECISION $100.00 10.65, Subd 3 (D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Vuluation: $250,000.00 � . Application Fee: 0.1% of project valuation ($250.00 minimum) ptus $5,000.00 deposit for legal/ � administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Section 10.11 Per Fee Schedule set forth bclow: Professional Time $ 30.00/hour Clerical Time $ 18.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) � (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. � 5 ZONING APPLICATIONS lCONT.) . Applicable - AFrER THGFACT APPLICATION INVESI'IGATION FEES Contiaued Fee Code Section Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a ` special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the fee set forth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of Iand without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount). Res. 1306 6 ZO1�IING APPLICATIONS (CONT.) _ Applicable - Code Section PARK DEDICATION FEES I Municipal Code Section 11.62 Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.) (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platted or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdividcr, in lieu of a conveyance or dedication of land, the cash contribution to be � contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. 7 CONSTRUCTION PERMITS AND INSPECTION FEES . Applicable ' Permit Tvae Fee Code Section BUILDING PERMIT (Ord. 216) Minimum Fee $ 21.00 Normal Fee (per 1994 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1994 UBC/SBC Standard Schedule) Residential 65% of Building Permit Fee Building Valuation Standard (per Current I.C.B.O. Building Standards/Building Valuation Data) ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT $ 50.00 (change in use) RETAINING WALLS (in excess of 42" also $21.00 minimum � multiple tiered walls that exceed 42" (per 1994 UBC Standard Schedule) and not located in Iakeshore protected area) NOTE: Retaining walls in 0-75' lakeshore protected zone -see Cond. Use Permit section of fee schedule. TREE REMOVAL WITHIN 0-75' $ 30.00 Ord. 10.22 Subd 3 DOCKS -RESIDENTIAL $ 30.00 (Permanent and Initial Seasonal) DOCKS - COMMERCIAL Per 1994 UBC/SBC Standard Schedule DEMOLITION PERMIT (Ord. 216) Principal Structure $ 50.00 Initial inspection $ 25.00 for each requested or required inspection beyond initial inspection Accessory Structure $ 30.00 Initial inspection 8 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) � Applicable • Permit Tvpe Fee Code Section PLUMBING PERMIT $ 35.00 minimum per project 1.25% of contract price Mail-in postage & handling charge $ 1.50 MECHANICAL PERMIT Minimum Fee for any Mechanical Permit $35.00 per project Mail-in postage & handling charge $ 1.50 Residential. Single Familv & Dunlex bv Unit Tvue 1.25% of contract price Under Ground Tank Removal Per mechanicai permit fees 9 CON5TRUCTION PERMIT5 AND INSPECTION FEES (CONT.) Applicable - Permit Tvae Fee Code Section Commercial, Industrial and Multi-Familv Residential bv Unit Tvue $ 35.00 minimum fee 1.25% of contract price SPRINKLER SYSTEMS -COMMERCIAL _ -fire sprinkler systems $ 35.00 minimum fee 1.25% of contract price Plan Review = 65% permit fee Surcharge based on valuation -kitchen Gre extinguishing system $ 35.00 per system MiJNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 35.00 Water $ 35.00 5/8" meter including sales tax $139.00 3/4" meter including sales tax $191.00 1" meter including s�les t�x $247.00 larger meter quote basis Mail-in postage & handling charge $ 1.50 (sewer and water permits only) 10 ALL SANITARY SEWEIt AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project � is not deemed to be required in the sole discretion of the City. If an improvement is required, the connecion charge may be in addition to any assessment.) � The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the aff�cted ' project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. S E W � R P lt O J � C T S Area Or Credit By District — Project Fixed Unit Acreage Front Foot To Charge + Charge + Charge + Charge Area 1963 ST—lA,LS—lA,ST-1I3, LS-113 $225.00 $498.00/acre $36.05 (1) 1964 LS—lA or LS-1B $225.00 $36.90 (1) 19G5 LS-1 $225.00 $54.35 (1) 1965 LS—lA $225.00 ,�'39bo (1) 1967 LS-1 $237.UU $23.65 (1) 1969 LS-1 Shore IIills $225.00 $11,735.00 (1) 1969 LS-2 Chevy Chasc $8,407.OU (1) 1970 LS-1 Saga Hill $225.00 $4,600.00 $27.70 (1) 1971 LS-1 Dunwoody $225.00 $4,095.00 $25.15 (1) 1973-1 $7,941.00 $37.65 (1) 1980-1 Minnctonka 131uf[s $10,149.00 (1) 1980-1 West I�crndalc/County ltoad 15 $29,663.00 (1) 1980-1 Orono Lanc $19,004.00 (1) 1980-1 County Itoad 15/Marinas $7,911.OU (1) 1980-2 Norlh Shore llrivc/Scotch I'inc Lanc $27,970.00 (1) 1981-1 North Shorc llrivc/IlighwooJ $12,140.00 (1) 1982-1A Navarre Utilitics $2,587.00 $1,062.00 trunk area (3) 1982-18 Navarre Utilities Northern Avenue $225.00 (1) $210.00 (3) $2,795.00 per acre(3) } (1) &(3) (trunk unit acre/unit) } % 1985-1 Crystall3ay $12,269.00 (4) 1983-1 Highway 12 Orono—Long Lake—Medina $1,153.00 (1) 1989 IIighway 12 — Phase I — North Side $1,102.00 (1) Brown ltd to Willow Urive 1989 Highway 12 — Phase II — ruture Trunk Expansion $2,025.00 (�) C R E D I T T O A R E A : (1) 602-37691 Sewer Operating (S) 406-37691 PIR Fund #7LS&Forcemain (3) 302-37691 1982 Improve& #6 By Pass (G) 308-37691 1992 Improve Stubbs Bay (4) 304-37691 1985 Improve Crystal Bay �1 ; , . ; � � � ALL SANITARY SEWER AND MUNICIPAL WATCR CONN�CTION CHARGES (If not previously assessed or if an improvement project ' is not deemed to be required in the sole discretion of the City. If an improvement is required, the connecion charge may be in addition to any assessment.) � . . The connection charge tor properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affe�ted �'� � �, project area sliall be charged the connection fee tor that area. Such connections are subject to City Council approval. '<<, • S � W L R P R O J C C T S Area Or Credit � IIy District — Project � Fixed Unit Acreage Front Foot To ` Charge + Charge + Charge + Charge Area 1992 Stubbs 13ay Scwcr I Stubbs 13ay N L/N W — 13aysidc Last $13,813.00 (6) II 13cdcrwood $21,383.00 (6) III IIayside North $18,102.00 (6) IV Oxford $25,550.00 (6) + , V Cygnet and Lcaf $20,650.00 (6) � 1984 Forccmain and Li[t Slation #7 upgradc: (An additional[cc is chargcd[or propertics bcncfitting[rom thc 1984 forcemain and lift station #7 upgradc, as follows,see map [or affectcd areas): All Charges Are Per Unit Fixed Charge + #6 By Pass + #7 Forcemain Cxisting 1'ropertics/Incrcasc $468.50 (5) Ncw 131dgs Itcplacing 13xisting_13ldgs I[usagc incro�scs[rom cxisting) $468.,SU (5) Ncw Itcsidential w/lsxisting Stub $1,35.5.00 (S) Ncw Residcntial without Stub $225.00 (1) $209.50 (3) $1,355.00 (5) (1), (3) &(S) Preshwatcr 13iolo ical $225.00 1 $209.50 3 $527.50 (5) (1), (3) &(5) per unit on connection reviousl assessed$2,000/acte 1989 Gravity Linc and Litt Slation #10 13y Pass: Fixed Charge + #1013y Pass An additional fee is charged for properties benefitting from the 1989 gravity line and litt station #10 by—pass per Resolution #2671: (see map for affected areas) $225.00 $2,393.00 (1) C R E D I T T O A R E A : � (1) 602-37691 Sewer Operating (S) 406-37691 PIR Fund #7LS & Forcemain (3) 302-37691 1982 Improve & #6 By Pass (6) 308-37691 1992 Improve Stubbs Bay (4) 304-37691 1985 Improve Crystal Bay 12 ALL SANITARY SLWEIt ANU MUNICIPAL WAT�R CONN�CTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connecion charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. W A T L R P R O J E C T S By District — Project � Area Or Credit Fixed Unit Acreage Front Foot To Char�e + Cha�e + Char�e + Charge Area 1967 LW—1 Highway 12/Crystal 13ay ltoad $4,119.UU $30.6U (1) 1969 LW-2 Chevy Chasc $4,082.00 (1) 1970 LW-1 Navarre ltesidential $2,039.00 $20.35 (1) 1970 LW-1 Navarre Commercial $3,060.00 $30.60 (1) 1982 lA Navarro $2,173.00 (2) 1989 Ilighwly 12 — 1'hasc I — North Sidc $G44.00 (1) Watcr '1'runk — 13rown Itd to Willow Drive 1989 Iiighway 12 — 1'l�asc II — $4,719.00 �1) Watcr '1'owcr, Wcll, & 1'umrt�ousc C lt � I) I `I' 'I' O A IZ L' A : � 601-37391 Watcr Operating �2) 3U2-37391 1982 Improvc watcr 13 CONSTRUCTION PERMITS AND 1NSPECTION FEES (CONT.) � Applicable , Permit Tvpe Fee Code Section ON-SITE SYSTEMS (Ord. 210) � Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 50.00/per ne�v lot Residential System Permit: Repair existing system $ 50.00 New/Replacement System $100.00 + $20.00 per each inspection over 3 (Includes outhouse on Big Island) Non-Residential System Permit: New or Total replacement $100.00 + $20.00 per each inspection over 4 Partial replacement $ 60.00 + $20.00 per each - inspection over 2 Annual Service Charge $ 50.00/system/year plus Section 12.30, Subd 8(C) an additional $10.00 fee for late penalty plus 8% interest for unpaid cl�arges certified Applicable Permit Tvae Fee Code Section GRADING, EXCAVATION, FILLING - 1-100 cubic yard (max. 10 loads) $ 50.00 (staff permit) + engineering fees if required ($100.00 if engineering fee necessary) - 101 + cubic yards $ 75.00 + Conditional Use Permit + $25.00 per eac6 inspection over lst NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. 14 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) , Applicable • Permit Tvue Fee Code Section SIGNS Temporary , $ 30.00 Permanent (Per 1994 UBC/SBC Standard Schedule) BUILDING MOVING OR LIFrING (Ord. 227) Fees for this activity are in addition to rectuired building or demolition nermits. Fees and any necessary surcharges are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. -Lifting accessory buildings $ 30.00 (no move across lot lines) -Lifting principal buildings $75.00 + engineering fee if necessary (no move across lot lines) (includes pre-lift inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max. 8'6" wide/mAx. 13'6" high/mAx. �S' long -Moving accessory building largcr tl�an $ 50.00 normal highway clearance -Moving principal buildings over any lot $150.00 line, onto or off any lot within Orono; includes any move on or over any City ' • street even if not originating or term- inating in Orono (includes all over- • size loads exceeding 8'6" wide and/or 13'6" high 48' long). -Pre-move code inspection, principal buildings: a) Bu[Iding within Orono to be relocated $ 50.00 within Orono b) Building outside Orono to be moved $150.00 into Orono (max. radius 25 miles) 15 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) , Applicable ' Permit Tvne Fee Code Section SPECIAL INSPECTION CHARG�S Site Inspection without permit $ 30.00 (when called by owner) Inspection surcharge for work or $30.00 per trip + boat rental if application on Big Island or transportation is not Deering Island provided by owner Reinspection fee after failure to comply $ 30.00 per trip + $30.00 per. with Building, Septic or Zoning Code hour after lst hour Correction Notice -3rd trip • FIRE PROTECTION (Ord. 223) Fire Prevention Inspection No Cl�arge Fire Code Permits $ 30.00 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65% of permit fee LAWN SPRINKLER SYSTEM S 35.00 BURNING PERMITS Up to 5 times per year No Charge For Each Reinspection $ 20.00 More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) 16 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) � Applicable ' Permit Tvpe Fee Code Section CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.00 per month (Includes clerical time) Inspection Charge $ 15.00 per inspection Plan Review Charge SBC/UBC Schedule Clerical Fee (Only charged if clerical $ 15.00 per hour use is excessive) LICENSES & MISCELLANEOUS CHARGES Zonin¢Department Administered COMMERCIAL MA1tINA LICENSE Application Fce (initiul) $300.00 Renewal ApplicAtion & Inspection Fcc $200.00 (Annual) plus: -late fee $100.00 JOINT USE DOCK LICENSE Application Fee (initial) $ 50.00 Renewal Application Fee $ 20.00 Plus each slip $ 2.00 Late Fee $ 25.00 GARBAGE HAUI.ER LICENSE - tlat rate $ 30.00 - per hauler $ 15.00/truck -transfer fee $ 30.00 17 LICENSES & MISCELLANEOUS CHARGES (CONT.) . Applicable � Permit Tvpe Fee Code Section HOME OCCUPATION LICENSE $ 50.00 Initial Reyiew Fee $ 30.00 (Annual Review Fee) TEMPORARY TRAILERS & BUILDINGS $ 30.00 LICENSE ZoninS Department Administered • ZONING DEPARTMENT DOCUMENTS � Comprehensive Guide Plan - 1980 $ 30.00 (with amendments) Municipal Code Book -complete $ 60.00 w/binder (Ch. 1-12 w/revisions) Municipal Code Book- Portions Ch 1 thru 9 (Book 1) w/revisions $ 35.00 loose Ch 10 thru 12 (Book 2) w/revisions $ 35.00 loose Ch 10 only (Zoning Code) w/revisions $25.00 loose Ch 11 only (Subdiv. Codc) w/rcvisions $ 15.00 loosc Olhcr Indivldual Chapters $ .25/pagc Binder $ 5.00 Comp. Plan Amendment �/2 (Hwy 12) $ 5.00 City Maps $ 2.00 each Topographic Information $ 12.00 per acre + engineering consultant fee if computer diskette is required Building & Planning Publicutions As Posted - Prices subject to change � General Administrative Licenses Cigarette Sales Licenses - per quarter $ 5.00 5.24 Gambling & Raffle License $ 10.00 5.23 Solicitation License $ 20.00 5.30 Up to 10 solicitors -$1.00 each additional solicitor in Orono. Applicant must list only persons that will solicit in Orono. 18 LICENSES & MISCELLANEOUS CHARGES (CONT.) . Applicable � Fee Code Section General Administrative Documents Continued Listing Information $ 10.00 Assessment Search - Written $ 15.00/parcel (Verbat searches not given) Copy Service (for public City records only) $ .25 each 11" x 17" copies $ 1.00 each . Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Document� that Cost of copying service, Messenger service & have been microfilmed Min. Clerical Fee of$5.00 Building Plan Copies and/or Cost of Copying, Messenger Tape Recording Duplication Service & Min. Clerical Fee of$5.00 (entire amount to be paid upon request) Current Street Address Book $ 15.00 Doas & Kennels DOG LICENSES 9.12 Biannual License (issued in odd years) $ 15.00 Annual License (issued in even years only) $ 7.50 KENNEL LICENSES 5.36 Commercial Application & Inspection Fee $150.00 (Annual) Residential Application & Inspection Fee $ 25.00 (Annual) NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. 19 LICENSES & MISCELLANEOUS CHARGES (CONT.) � Applicable , Permit Tvpe Fee Code Section , DOGS AT LARGE -RELEASE FEE 9.12 � First Offense $ 20.00 Second Offense $ 30.00 Third Offense $ 40.00 After Hour & Weekend Release Charge $ 45.00 ANIMALS AT LARGE (Other than dogs) -Release Fee 9.13 First Offense $20.00 Second Offense $ 35.00 • Third Offense $ 50.00 Trace & Catch Animal $ 20.00/hour Trailer Charge $ 20.00 plus .25 mile (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost Police Deuartment Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor $500.00 per License Collected at Application In state investigation Actual cost up to $10,000 Out state investigation Actual cost Initial Investigation - Beer/Wine $150.00/person Res. 1306 Off-Sale Liquor License $150.00 4.30 Bond Requirement $5,000.00 On-Sale Liquor License $4,000.00 4.30 On-Sale Wine License . $750.00 4.40 3.2 Beer Off-Sale (Annual) $ 25.00 4.20 3.2 Beer On-Sale (Annual) $ 75.00 4.20 Setup (Annual) $100.00 4.60 Club Liquor License (weekday) $100.00 4.50 (Sunday) $200.00 4.50 Temporary Set-up Permit (one day) $25.00/each 4.61 Temporary Beer Permit (one day) $ 15.00/each 4.21 20 LICENSES & MISCELLANEOUS CHAItGCS (CONT.) ' Applicable . Annlication Tvne Fee Code Section , Police Deaartment Administered - Continued ' AMUSEMENT DEVICE LICENSES 5.20 � Per Establishment (Annual) $100.00 + machine fee Per Machine Fee $ 25.00 each PUBLIC DANCE LICENSE (annual) $100.00 5.21 (Individual Permit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 FIREWORKS PERMIT $ 50.00 9.10 FIItEARMS DISCHARGE PERMIT 9.10 Occasional (limited usc) $ 10.00 Game Animals (limited use) $ 25.00 Annual (Club Only) $ 25.00 FIItEARMS PERMIT TO CARRY S 10.00 LIMITED TRAPPING PERMIT $ 20.00 9.11 Ord. 232 Ord. 243 PARADES & SPECIAL EVENTS PERMIT $ 50.00 6.08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50.00 each call (4-10 total) Next 5 false alarms/calendar year $100.00 each call (11-15 total) Each additional false alarm over 15/ $150.00 each call calendar year 21 LICENSCS & MISCELLANEOUS CHARGES (CONT.) ' Applicable Apnlication Tvue Fee Code Section � Police Deuartment Administered - Continued - FINGERPItINTING SERVICE $ 15.00/application -RESIDENT ONLY (Citizenship No Charge) COPY SERVICE- Police Records First Two Copies $ 5.00 Additional Copies $ 0.25 each COPY OF ACCIDENT REPORTS $ 5.00 each COPY OF DRIVER'S LICENSE RECORD $ 5.00 each COPY FROM MICROFICHE FILE First Two Copies $ 10.00 Additional Copies $ .50 each "NO PARKiNG ORD�R OF POLICE" $ 0.25 each paper signs (no lath included) TAPE DUPLICATION S 10.00 . . 22 PURLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES ' Utilitv Service Rates -Effective beginning First Quarter 1996 , MtTNICIPAL SEWER RATE by unit: lst $ 72.00 per quarter � 2nd $ 65.15 per quarter - by t1ow: $ 2.71/1000 gallon plus $6.85 per quarter per connection MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT For those properties unconnected between 16 months after service availability and up to 5 years after service availability and meeting the criteria set forth in Ordinance No. 105, Second Series, ullowing for hookup time extension, shall be charged only for the City portion of the sewer unit rate and not for the MWCC portion of the sewer unit rate. Stubbs Bay Area Un-Connected Properties $ 32.60 per quarter 23 PUI3LIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) ' Utilitv Service Rates - Continued , Area Hwy 12 Chevy Chase � MIJNICII'AL WATER RATES Navarre Area Area Billing & Ready to Serve Chg $20.70/qtr $7.60/qtr $7.60/qtr Water Usage Rate $ 1.76/I000 gal $2.44/1000 gal $1.95/1000 gal Unconnected Property Chg $20.70/qtr -0- -0- (ready to serve/hydrant chg) Fee Federally Mandated Safe Drinking Water $ 5.21 per year on second quarter billing Testing Program � " (Charged per service connection) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area //1 Rate $20.70/qtr billing charge plus $1.76/1000 gallon total t7ow at border meter. Penalty for late payment of sewer/water bills - 15% after 45 days from billing date. Interest at 8% on unpaid water/sewer bills certified. Water Turn-On $ 17.50 Water Turn-off $ 17.50 • Water System Repair/Replacement if damage caused by property owner: Labor -Current Hourly Rate Parts - At Cost RECYCLING CHARGE $ 22.00/year Recycling Container - Initial No Charge Replacement (including sales tax) $ 6.50 each 24 PUBLIC WUKK5 DEPARTMENT MISCELLANEOUS CHARGES (CONT.) �ee GOLF COURSE CHARGES - Effective date 1996 Season ' . Monday thru Friday (excluding Holidays) � -� Begin Play Before 12:00 Noon lst Nine Holes $ 7.50 FALL RATES 2nd Nine Holes $ 5.00 Will begin the Monday nearest the 15th of September. After 12:00 Noon and Weekend Rates lst Nine Holes $ 9.00 -Weekend Rates: 2nd Nine Holes $ 6.50 lst Nine $ 7.50 2nd Nine Holes $ 5.00 2nd Nine $ 5.00 (Weekday After 12:00 Noon) Riding Cart $ 7.00/per nine League Rates Monday thru Friday $ 8.50 - Weekday Rates: lst Nine $ 5.00 Senior Citizen (Over 60 years old) 2nd Nine $ 3.00 Begin Play Before 12:00 Noon - Weekdays Sr. & Jr. $ 3.00 lst Nine Holes $ 5.00 Riding Cart $ 5.00/per nine 2nd Nine Holes $ 5.00 Season Ticket (Senior Citizens Only) $125.00 GOLF CART RENTAL Motorized: lst Nine Holes (After 12:00 & Weekends) $ 10.00 2nd Nine Holes $ 8.00 Begin Piay Before 12:00 Noon lst Nine Holes $ 7.00 2nd Nine Holes $ 7.00 Pull Carts - Per Round $ 2.00 Golf clubs - Per Round $ 2.50 STUDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday -Friday, Excluding Holidays lst Nine Holes $ 5.00 2nd Nine Holes $ 5.00 CONCESSIONS As Posted 25 . PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) ' . PUBLIC WORKS SUPPLIES & SERVICES Fee . ' Street or Traffic Signs $ 75.00/std. sign (sale includes installation) Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Pcrmit Section) Temporary No Parking Signs (with lath) $ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $ 30.00lpermit New Street Intersections (5ee zoning section - Special improvement fees) SECTION 2. This ordinance establishing the 1996 Fee Schedule shall be published in the Laker and Pioneer Newspaper and shall be effective the week of January 1, 199G. Adopted by the City Council of the City of Orono on this 27th day of November , 1995. A ST• Ed�vard J. C ahan, r., Mayor �-�8-e `\\`� / � Dorothy M. H li , City Clerk Summary ordinance published in the Laker/Pioneer newspaper the week of December 11 , 19 9 5 26 . ORDINANCE # 14 4 , 2ND SERIES INTERIM ORDINANCE PURSUAN'r TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, TO EXTEND THE MORATORIUM ESTABLISHED IN ORDINANCE NO. 139, 2ND SERIES PROHIBITING THE GRANTING OF PRELIlVIINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE) APPROVAL, REZONING, PUD OR BUII..DING PERMIT APPROVAL WITHIN THE HIGHWAY 12 CORRIDOR AS DEFINED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 14 4 � Znd Series. SECTION 1. Statement of Policv. The City Council finds that the City is presently faced with the potential of applications for subdivision, rezoning, zoning (CUPJVariance), PUD or building permits for property within the Highway 12 Corridor. It appears to the Council that the consequences of allowing such applications to be approved may be undesirable because the current ordinances may not be consistent with the City's zoning and development goals. The Council, therefore, fmds that it is necessary to study the nnpact of development under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions. The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the City code need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to develop property in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning pernutted land use and zoning performance standards, the granting of preliminary approval of subdivision applications, zoning (CUP/Variance) applications, rezoning applications, PUD or building permits for property within the Highway 12 Comdor would be contrary to the purpose of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study SECTION 2. Highwav 12 Corridor Defined. As used in the Ordinance, the Highway 12 Corridor shall be defined as four areas of properry within the City of Orono defined as follows: Area 1. That area bounded by �J.S. Highway 12 on the south, County Road 6 on the north, Willow Drive on the east, and Old Crystal Bay Road on the west. Page 1 of 3 . � " `� Area 2. That area bounded by U.S. Highway 12 on the north, Old Crystal Bay Road on the west, the Burlington Northern Railroad on the south, and the municipal boundary between Orono and Long Lake on the east. Area 3. That area bounded by U.S. Highway 12 on the north, Burlington Northern Railroad on the south, Stubbs Bay Road on the west, and Old Crystal Bay Road on the east. . Area 4. That area bounded by Old Crystal Bay Road on the east, County Road 6 on the north, and U.S. Highway 12 on the south and west. SECTION 3. Studv• The City Council on August 14, 1995 adopted Ordinance No. 139, 2nd Series which initiated a study regarding the impact of development under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions, and regarding the implications of the potential need for amendments to the City code to implement the results of that study. This study is currently underway but has not been completed. SECTION 4. Extension of Interim Ordinance. The Gity Council finds that it would be unwise, improper and unjust to allow development within the Highway 12 corridor until the study as provided in Section 3 has been completed. Section 5 of Ordinance No. 139, 2nd Series allows the duration of said Ordinance to be extended by adoption of a subsequent Ordinance for up to 18 additional months after the January 22, 1996 expiration date. Therefore, the City Council hereby extends the interim Ordinance per the provisions of Section 6 below. SECTION 5. Restrictions on the Granting of Preliminary Subdivision Annroval, Zonin� (CUP/Variance) Approval Rezonin� PUD or Buildin� Permits. No preliminary subdivision approval, Zoning (CUP/Variance) approval, Rezoning, PUD or Building Permit approval shall be given by the Council for any property within the Highway 12 Corridor as defined herein. SECTION 6. Duration. This Ordinance shall expire on July 22, 1996, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total of not more than 12 additional months. SECTION 7. Variances. The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Communiry Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state law. Page 2 of 3 .' . �. . SECTION 8. Separabilitv. Every section, provision, or part of this Ordinance is declared separable from every other section, provision or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 9. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on this 22nd day of January, 1996, by a vote of 4 ayes and � nays. A ST: � . , `. orothy M. a in, City Clerk ward J. Call an, Jr., Mayor Page 3 of 3 ORDINANCE NO. 14 5 , SECOND SERIES � AN ORDINANCE TO AMEND MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3(A) THE ORONO CITY COUNCIL HEREBY ORDAINS: SECTION 1. Municipal Zoning Code Section 10.20, Subdivision 3(A) is hereby deleted and the following language substituted in its place: Subd. 3. Conditional Uses. Within any "R-1 A" One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Schools. Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located within fifty feet of any lot line of an abutting lot in an "R" District and that a fence � be erected fifteen feet or more from all street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet of playground space per pupil. 1. Uses Accessory To A High School. The following uses are accessory to a High School use and require a separate conditional use permit: � a. Indoor Ice Arenas. All such facilities and structures shall be located on the same tax parcel as the principal High School Use to which they are accessory. No such structures shall be located less than 50 feet from any lot line of an abutting lot in an "R" District. Such facilities shall not be separated from the principal High School use by a public road. All such facilities shall be owned and operated by the school district, or by a non-profit organization under a land lease arrangement with the school district. The developer of such a facility, prior to final Conditional Use Permit approval by the City Council, shall demonstrate financial capability to complete construction of said facility, by providing suitable documentation that at least eighty percent(80°Io) of the estimated project costs are in the control of the school district or non-profit lessee. SECTION 2. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this l lth day of March, 1996, by a vote of 4 ayes and 0 nays. AT ST: � � , ' orothy M. a in, City Clerk G riel Jabbour, A ing Mayor � ORDINANCE NO. 1�,, 2ND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 143, 2ND SERIES ADOPTED ON NOVEMBER 27, 1995, AND ENTI1'LED "1996 FEE SCHEDULE." The Ciry Council of Orono ord.ains: Ordinance No. 143, 2nd Series adopted on November 27, 1995, and entitled "1996 Fee Schedule" is amended to include: SEWER AND WATER UNTr ADNSTMENT CHARGES Charges shall result from either an intensification of an existing non-residential use or a new non-residential use that replaces a former use on a property located within an area already assessed and served by municipal sewer or water. Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the new use. Each sewer and each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council Wastewater Services or its successor and shall be payable to the City of Orono upon application for a building permit. This ordinance becomes effective from and after its passage and publication. Passed by the Council this 22nd day of April, 1996. / Edward J. Callahan Jr., Mayor ATTEST: z�� � �i�� L'uida S. Vee, Deputy Clerk . � -r . � ORDINANCE# 14 7 ,SECOND SERIES AN ORDINANCE DELETING SECTION 5.37 OF THE ORONO MUNICIPAL CODE RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS CONTRACTOR, AND DELETING SECTION 5.38 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS SITE EVALUATORS AND DESIGNERS,AND AMENDING SECTION 12.30 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 14 7 , 2nd Series. Section 1. Chapter 5 of the Municipal Code of Orono is hereby amended by deleting Section 5.37 in its entirety. Section 2. Chapter 5 of the Municipal Code of Orono is hereby amended by deleting Section 5.38 in its entirety. Section 3. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 2, Def. 10(a) i. as follows: i. "Standard System" - An � on-site sewage treatment system employing a building sewer, sewage tanks, and the soil treatment system, consisting of trenches, at-grades, or mounds which are constructed on original soil which has a percolation rate equal to or faster than 120 minutes per inch and is constructed according to MPCA and Citv of Orono codes. Section 4. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 2, Def. 10(a) ii. as follows: ii. "Alternative System" - Alternative systems include modified standard systems (�ee�g�e�curtain drained systems and systems located in filled or compacted soils); reduced area systems (aerobic tanks, separated toilet waste and greywater systems and seasonal use systems); advanced alternative systems(mounds,with percolation rates slower than 120�minutes per inch,collection systems, other systems such as toilet waste treatment devices, etc.); and holding tanks. Alternative systems when feasible must be constructed according to MPCA and City of Orono codes. Section 5. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 2, Def. 10(c) ii. as follows: ii. " " "Compliant System"-A system which does not meet all the location, design and construction standards of the current City codes, but was installed according to the code in effect at the time of installation, and which is operating satisfactorily by treating and disposing of the entire current sewage input without discharging any 1 pollutants into ground or surface waters. Section 6. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 2, Def. 10(c) iii. as follows: iii. " " "Non-Compliant Svstem"- A prohibited system; a system located within a designated 100-year flood plain; any system which may or may not meet all the location, design, or construction standards of the current City codes and which is failing for any reason; and any system with less than 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics. Section 7. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 4 D.1. as follows: 1. "Alternative systems" shall not be permitted except by variance. The permit application must include an explanation whv a "standard svstem" is not feasible, include evidence that the proposed method of treatment will be effective, and provide a monitorin�plan to confirm that the svstem is functioning.properl� Section 8. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 4 F. as follows: F. Building Permit Applications. No building permit shall be issued� �ke-C�}for any new building�k that will be connected to a�3ev� an on-site sewa�e treatment system until an on-site system design has been reviewed and approved b•�the_ C�. No buildin�nermit shall be issued for anv construction within a designated drainfield site (within the setback from said drainfield site) until another drainfield site is a�proved by the Cit� Where the construction of additional bedrooms, bathrooms, ' , or mechanical equipment likelv to affect the operation of the system can be reasonably anticipated,the ' on-site system must be confirmed as bein o� f adequate capacitv for the anticipated use. If expansion or replacement of the on-site svstem is required, an on-site svstem design must be ap�roved bv the Citv prior to issuance of the building.permit. Where construction on an existing building can reasonablv be anticipated to increase the sewa�put for whatever reason, an alternate site or future expansion area(if available)must be designated and protected. , , , , , �^~��r•ee� Section 9. Chapter 12 of the Municipal Code of Orono is hereby amended by deleting Section 12.30 Subd. 4 G. and replacing it as follows: 2 G. Conditional Use Permit and Zoning Variance Applications. No conditional use permit or zonin�variance application shall be approved for a propertv until the existin og n-site sewa�e treatment svstem has been confirmed as bein o�dequate capacity for the anticipated use. If expansion or replacement of the on-site svstem is required, an on-site svstem desi�n must be approved by the CitY,prior to the approval of a conditional use uermit or zonin� variance. If the chan�e in use intensifies the stren or quantitv of flow for the on-site svstem, an alternate site or future expansion area(if available) must be designated and protected. Section 10. Chapter 12 of the Municipal Code of Orono is hereby amended by adding Section 12.30 Subd. 4 H. as follows: H. Subdivision Annlications. No subdivision, lot division or replattin f� or the purpose of creating a new building site, which property includes the use of on-site systems, shall be approved bv the Citv until a site evaluation report and svstem design when reauired has been reviewed and approved, and all existin�ystems have been inspected and certified bv the Citv as bein ig n compliance with this Section. 1. Each new lot which is not further subdividable under the lot area standards of the zoning code, shall have tested and approved primarv and alternate drainfield sites. 2. Each new lot containin� less than 5 acres in drv buildable area shall have tested and approved primary and alternate drainfield sites. 3. For all lots containing less than 5 acres of dry buildable area, the site evaluation report shall also include detailed svstem desi�n specifications as normallv required for buildin�pernut anplications. 4. For each proposed lot,drainfield sites and svstem designs shall be capable of servin� a 5 bedroom home (750 GPD Design Flow Rate). 5. As part of anv subdivision, the owner shall �rant to the City in a form approved bv the Citv a perpetual ri�ht of entry to a11ow for the future inspection of all systems which ri�ht of entry mav be filed in the chain of title for the��ert� Section 11. Chapter 12 of the Municipal Code of Orono is hereby amended by amending the introductory paragraph of Section 12.30 Subd. 5 as follows: Subd. 5. System Design and Construction. All system permit applications, site locations, design specifications, construction methods and material specifications shall be according to the minimum standards and criteria listed in MPCA Regulations Chapter 7080. . , with the following additional minimum standards: Section 12. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 5 B.2 as follows: 2. Sewage Tanks. The minimum sewage tank size requirements 3 are as follows: No. of Bedrooms Tanks Liquid Capacities (Ga1.) 4 or less 1000+1000 Regardless of garbage disposal use 5 or 6 1250+1000 Regardless of garbage disposal use 7, 8 or 9 1500+1500 Regardless of garbage disposal use 10 or more Sewage tanks shall be sized as " " other establishments per 5�-�-Sec��t MPCA Regulations Chapter 7080.9�3A 5ection 13. Chapter 12 of the Municipal Code of Orono is hereby amended by amending the heading of Section 12.30 Subd. 5 C. as follows: C. Compliance Standards. Section 14. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 5 C.2. as follows: 2. When an existing code system is repaired�e�ec�or expanded, such system shall remain a code system. ����€er�g Compliant systems, when repaired shall be upgraded to a code system status whenever such classification is reasonably attainable. Section 15. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 5 C.3. as follows: 3. Existing non-compliant svstems sha11 be replaced by code systems whenever such classification is reasonably attainable. If a code system is not achievable due to soil, water table, or lot limitations, the system may be replaced or repaired such that it becomes a s�er�€e�g compliant system. 5ection 16. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 6 B. as follows: B. Owners Responsibility. It shall be the responsibility of each property owner to demonstate that the on-site sanitation device or system on his property is in conformance with all requirements of this Section; that the device or system properly treats and/or disposes of the entire sewage input generated on the property; and that the device or system is adequately and properly maintained at all times. The owner is also responsible for the protection of the alternate drainfield site,if designated due to the development of the property or was required to be desi ng ated for any other reason. Protection of the drainfield site includes, but is not limited to preventing construction of buildings, excavatin ,�lling, or drivin�across the drainfield site with automobile or heavy machinery traffic. Section 17. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 6 E.1.(b) as follows: (b) _,, : Maintenance Pumping: No sewage tank sha11 remain in service without being pumped at least once every three years, whether or not measurement indicates a sludge buildup. Each existing septic tank shall be pumped at least once within thirty six months of the effective date of this section and thereafter at least once every thirty 4 . . six months of each succeeding pumping. In order to be considered a maintenance pumpout, the manhole or cover section (20 inch diameter minimum) must be removed to allow the complete extraction of the solid materials within the sewage tank. The contractor must also determine whether the tanks are watertight and report this information on the pumpout notification. Failure to adhere to these requirements will result in the Cit 'y s rejection of the pumpout notification as a bona fide Maintenance pumpout. Section 18. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 6 E.1.(c) as follows: (c) System Failure: Non-Compliant s sv tems discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. Section 19. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 7 B.3 as follows: 3. Outhouses shall be constructed in accordance with MPCA Regulations Chapter 708 . . , except that sealed vault type outhouses shall not be permitted. Section 20. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 7 B.S. as follows: 5. Existing outhouses not conforming to any or all of the above requirements shall be abandoned,filled-in and the superstructure removed within 1 year of notification that a�r e�non-compliance exists,�•* � � �* '�*�r*"�„ '' -� ^f*��*'�� �ff�*:�.� -'�*� �� Section 21. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 7 D.4. as follows: 4. Any existing dwelling, building, or structure required by one or more of the above items to be connected to an on-site sewage treatment system, but which is not so connected as of the effective date of this Subdivision, or which has an existing system that does not conform to minimum setbacks or other requirements of the "RS" zoning district, sha11 have a compliant on-site sewage treatment s sy tem installed within one year of notification that a ' non-compliance exists, „f+o..*t,o eF�e„+:.,e a.,+e „�+�.:� c..�.a:..:�:,,., Section 22. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 8 B.4. as follows: 4. Owners of 'xg Non-Compliant systems shall be issued orders requiring maintenance,repair,�er-at�e�,or replacement. per Subdivision 5 (c) as follows: (a) Systems located within the Shoreland District found to be �s�- Ee�€e�rg non-com lp iant due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics, shall be repaired,�or replaced within 5 . - ., . • . , . a reasonable period of time not to extend past December 31 of the second year following the year in which repair orders are issued, the intent being that at least two full construction seasons (May thru November) shall be allowed for the completion of repairs. (b) Systems located outside the Shoreland District found to be �r ���g non-compliant�ee-�e�e�e-e�# �� • • �� �� �� a�f:-��a :� c„��' '' �� , , . due solelv to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics, shall be repaired or replaced within a reasonable period of time not to extend past December 31 of the tenth vear followin�the yeaz in which repair orders are issued,the intent being that at least 10 full construction � seasons (Mav thru November) sha11 be allowed for completion of renairs. (c) . Svstems found to be non-conforming because thev are either "failin�" or "prohibited" as defined in Subd. 2 of this section, shall be renaired or renlaced within 90 davs if feasible but in no case later than 1 calendar vear after the date of the repair order. � Sewa�e tanks requirin�pumpin� in order to eliminate surface dischar�e shall be pumned within 48 hours and as often as necessarv thereafter to eliminate effluent dischar�e until system repairs are completed. Section 23. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 8 B.5 as follows: 5. Systems required to obtain and maintain a MPCA State Disposal System ep rmit shall meet the requirements of MPCA�e�Regulations Chapter 7080.8�8� If the State Permit lapses,orders shall be issued to cease use of the system within ten (10) days, such use to be discontinued until reinstatement of the State Pernut. Section 24. Chapter 12 of the Municipal Code of Orono is hereby amended by deleting Section 12.30 Subd. 8 D. as follows: � E'��3�} Section 25. This Ordinance shall be published in the THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on this 13th day of May , 1996, by a vote of 5 ayes and � nays. A TEST: 'i Doroth M. a1 'n, ` y City Clerk Edward J. C ahan, Jr., May 6 SUMMARY ORDINANCE A SUMMARY OF ORDINANCE NO. 14 7 ,SECOND SERIES,DELETING SECTION 5.37 OF THE MU1vICIPAL CODE RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS CONTRACTORS,AND DELETING SECTION 5.38 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS SITE EVALUATORS AND DESIGNERS, AND AMENDING SECTION 12.30 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS. THE CITY OF ORONO ORDAINS: These code changes are part of Chapter 12: Construction Licensing,Permits and Regulation,which is not part of the zoning code. A summary text of the above cited ordinance is approved in the following form: Sections 5.37 and 5.38 regarding licensing of septic system installers and site evaluators have been deleted. Section 12.30 has been revised to include new terminology, and revised section references and de�nitions to make it consistent with recent changes in the Minnesota Rules,Chapter 7080 regarding sewage treatment systems. Changes have also been made to clarify when on-site systems must be inspected, repaired, or alternate sites designated before improvements to a property are permitted, or in conjuction with CUP and variance applications. Maintenance pumpouts have been more accurately de�ned and pumping contractors will be required to report on the confornuty of tanks at the time they are pumped out. For systems located outside the Shoreland District which are found to be non-conforming("non-compliant")onlv due to the lack of a 3'separation, the Municipal Code will allow a period of 10 vears for the completion of repairs. This Ordinance shall be published in the THE PIONEER and THE LAKER and shall be effective immediately. A copy of the full text of Ordinance No. 14� , second series is available for review at the City of Orono Administrative Office, 2750 Kelley Parkway. Adopted by the City Council of the City of Orono on this 13th day of May , 1996, by a vote of 5 ayes and � nays. A ST: � f Dorothy M. a1 n, City Clerk Edward J. C ahan, Jr., Mayor Published in the Laker/Pioneer newspaper the week of June 8 , 1996 � - . ORDINANCE # 148 , 2ND SERIES INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, TO EXTEND 1'HE MORATORIUM ESTABLISHED IN ORDINANCES NO. 139 AND 144, 2ND SERIES PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE) APPROVAL, REZONING, PUD OR BUII.DING PERMIT APPROVAL WITHIN THE ffiGHWAY 12 CORRIDOR AS DEFINED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 14g , 2nd Series. SECTION 1. Statement of Policv. The City Council fmds that the City is presently faced with the potential of applications for subdivision, rezoning, zoning (CUP/Variance), PUD or building permits for property within the Highway 12 Corridor. It appears to the Council that the consequences of allowing such applications to be approved may be undesirable because the current ordinances may not be consistent with the City's zoning and development goals. The Council, therefore, fmds that it is necessary to study the impact of development under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions. The Council further �nds that if, as a result of this study, the land use controls and zoning provisions contained in the City code need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to develop property in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations conceming permitted land use and zoning performance standards, the granting of preliminary approval of subdivision applications, zoning (CUP/Variance) applications, rezoning applications, PUD or building permits for properry within the Highway 12 Corridor would be contrary to the purpose of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council further fmds that it would be unwise, improper and unjust to allow individual development to occur during this study SECTION 2. �1i g�y 12 Corridor Defined. As used in the Ordinance, the Highway 12 Corridor shall be defined as four areas of properry within the City of Orono defined as follows: Page 1 of 3 ' � �, Area 1. That area bounded by U.S. Highway 12 on the south, County Road 6 on the north, Willow Drive on the east, and Old Crystal Bay Road on the west. Area 2. That area bounded by U.S. Highway 12 on the north, Old Crystal Bay Road on the west, the Burlington Northern Railroad on the south, and the municipal boundary between Orono and Long Lake on the east. Area 3. That area bounded by U.S. Highway 12 on the north, Burlington Northern Railroad on the south, Stubbs Bay Road on the west, and Old Crystal Bay Road on the east. Area 4. That azea bounded by Old Crystal Bay Road on the east, County Road 6 on the north, and U.S. Highway 12 on the south and west. SECTION 3. Studv• The City Council on August 14, 1995 adopted Ordinance No. 139, 2nd Series which initiated a study regarding the impact of development under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions, and regarding the implications of the potential need for amendments to the City code to implement the results of that study. On January 22, 1996 the City Council adopted Ordinance No. 144, 2nd Series, extending the moratorium established in Ordinance No. 139, 2nd Series, to July 22, 1996, because the study had not been completed. This study is currently underway but has not been completed. SECTION 4. Extension of Interim Ordinance. The City Council fmds that it would be unwise, improper and unjust to allow development within the Highway 12 corridor until the study as provided in Section 3 has been completed. Section 6 of Ordinance No. 144, 2nd Series allows the duration of said Ordinance to be extended by adoption of a subsequent Ordinance for up to 12 additional months after the July 22, 1996 expiration date. Therefore, the City Council hereby extends the interim Ordinance per the provisions of Section 6 below. SECTION 5. Restrictions on the Granting of Preliminary Subdivision A�,proval. Zoning�CUP/Variancel��proval. Rezoning. PUD or Building Permits. No preliminary subdivision approval, Zoning (CUP/Variance) approval, Rezoning, PUD or Building Permit approval shall be given by the Council for any property within the Highway 12 Corridor as defined herein. SECTION 6. Duration• This Ordinance shall expire on October 28, 1996, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total of not more than 9 additional months. Page 2 of 3 ` ` r ► SECTION 7. Variances. The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state law. SECTION 8. Se�arabili . Every section, provision, or part of this Ordinance is declared separable from every other section, provision or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 9. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on this 8th day of July, 1996, by a vote of�_ ayes and �nays. ATTEST: . Zv V J�-� Lin a S. Vee, Deputy Clerk Edward J. Call , r., Mayor Published the week of July 13, 1996 in The Pioneer and The Laker newspapers. Page 3 of 3 ORDINANCE # 14 9 , 2ND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY LISTING THE LEGAL DESCRIPTION OF CERTAIN PROPERTIES IN THE CITY AS REZONED FROM LR-1C TO B-5 The Ciry Council of the City of Orono ordains: SECTION 1. The Municipal Code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for property legally described below: Lots 19, 20, 21 and 22, "Wiley's Navane Addition, Lake Minnetonka"; and all that part of Lot 5, Block 3, Townsite of Langdon Park described as follows: Beginning at the northeasterly comer of said Lot 5, thence northwesterly along the northerly line of said Lot 5 to the northeasterly line of the public highway running across said Lot 5, and known as Minnetonka Lake Park and Maple Plain Road (now County Road 19) thence southeasterly along the northeasterly line of said road to the easterly line of Lot 5, thence northerly along the easterly line of said Lot 5 to the point of beginning. AND That portion of Navarre Lane located northwesterly of the southeasterly 33 feet thereof lying between the northeasterly right-of-way line of County Road 19 and the southeasterly extension of the southwesterly line of Olive Avenue. Said property is hereby rezoned from the LR-1C, Single Family Lakeshore Residential District to B-5, Limited Neighborhood Business District. SECTION 2. This ordinance shall be published in THE LAKER/PIONEER newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of August, 1996. ATTEST: . � orothy M. H i City Clerk Edward J. Calla , , r., Mayor ; Page 1 of 1 Publish in the Laker & Pioneer newspaper the week of Aug. 31 , 1996 . � ORDINANCE NO. 15 0 , 2ND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT", ORDINANCE NUMBER 8, 2ND SERIES, AND ORDINANCE NO. 23, 2ND SERIES BY CHANGING A PROVISION RELATING TO SALARIES OF THE MAYOR AND COUNCIL MEMBERS; AND, BY ADOPTING BY REFERENCE ORONO CITY CODE CHAPTER 1 RELATING TO DEFINITIONS AND GENERAL PROVISIONS. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Orono City Code Sec. 2.17 is hereby amended to read: SEC. 2.17. SALARIES OF MAYOR AND COUNCIL MEMBERS. Subd. 1 Salaries of the Mayor and Council members, effective January 1, 1997, and which amounts are deemed reasonable, are hereby fixed as follows: A. The salary of the Mayor shall be $4,200.00 per year, paid monthly. B. The salary of each Council member shall be $3,500.00 per year, paid monthly. Subd. 2. In accordance with Minnesota Statutes, Section 4.5.11, any changes in the foregoing shall be by ordinance and shall not take effect until after the next succeeding City election. Section 2. Orono City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section. This ordinance shall take effect and be in force from and after the date of its passage and publication. Passed by the City Council this 26 day of August, 1996, by a vote of 5 ayes and 0 nays. A T: ward J. Call n, Jr., Mayor � � / 1 , . orothy M lin, City Clerk � Published in the Laker and Pioneer newspaper the week of August 31, 1996. ORDINANCE NO. 151 , SECOND SERIES AN ORDINANCE ADOPTING AN INTERIM MORATORIUM ON THE GRANTING OF BUII,DING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES, OR OTHER AUTHORITY RELATING TO THE SITING OF WIRELESS TELECOMMUNICATION FACILITIES AND STRUCTURES IN ALL ZONING DISTRICTS IN THE CITY OF ORONO The City Council of Orono does ordain: SECTION 1. Statement of Policv. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of commercial and industrial activity so as not to unreasonably conflict with the primary residential and agricultural character of the City. SECTION 2. Interirn Moratorium. To facilitate the purpose stated in Section 1 the City Council fmds it necessary to impose a 120 day moratorium, pursuant to Minnesota Statute Section 469.355, Subdivision 4, granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances, or other authority relating to the siting of wireless telecommunication facilities and structures in all zoning districts in the City of Orono. SECTION 3. Study of Telecommunication Facilities. For the purposes of this Section the words used herein shall have the following meaning: 1. Telecommunication - the wireless transmission, emission or reception of energy or communication impulses by cable, microwave, satellite or radio signals affecting radio, telephone, telegraph or television communication or medical or industrial energy transmissions. 2. Facility - any antenna, tower, or structure associated with the transmission, emission or reception of telecommunication signals. SECTION 4. Effective Date. This ordinance shall be effective as of August 26, 1996. Adopted by the City Council of Orono on this 26th day of August, 1996, by a vote of 4 ayes and 0 nays. 1 abstain. ATT ST: Edward J. C ahan, Jr., Mayor \\/�I � . orothy M. all , Ciry Clerk '� Publish in the Laker and Pioneer newspapers the week of August 31, 1996. u �7 ' ORDINANCE NO. 15 2 , SECOND SERIES AN ORDINANCE AMENDING SECTIONS 10.40, 10.44 AND 10.45 OF THE ORONO ZO1vING CODE BY ADDING,DELETING OR AMENDING CERTAIN PERMITTED OR CONDITIONAL USES WITHIN THE B-1 RETAII�SALES BUSINESS DISTRICT,TI�B-5 LIMITED NEIGHBORHOOD BUSINESS DISTRICT AND THE B-6 HIGHWAY COMMERCIAL DISTRICT The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.40, Subdivision 3(A) is hereby amended by adding the following use to the list of permitted uses in the B-1 Retail Sales Business District: "32. Home and garden equipment rental." Section 2. Municipal Zoning Code Section 10.44, Subdivision 4(A)is hereby amended by deleting the following use from the list of conditional uses allowed within the B-5 Limited Neighborhood Business District: "6. Home and garden equipment rental." 9� 3 ��' �. Section 3. Municipal Zoning Code Section 10.45, Subdivision�2'is hereby amended by deleting the following use from the list of permitted uses within the B-6 Highway Commercial District: "E. Restaurants (Class I)." Section 4. Municipal Zoning Code Section 10.45, Subdivision 4 is hereby deleted and the following language substituted in its place: "Subd. 4. Relationship with Chapter 10.53 Planned Unit Development. Other types of commercial uses and mixed use developments may be applied for through the planned unit development process. Applications that include commercial uses within the Highway 12 Corridor shall assume the B-6 District as the underlying zoning district. Subd. 4.1 Conditional Uses. . A. Within any "B-6" Highway Business District, no structure or land shall be used for one of the following uses except by conditional use permit: l. Restaurants (Class I). 2. The following uses when such use includes a drive-thru condition: a. Offices(business and professional). b. Banks and financial institutions. c. Libraries. d. Motels and hotels." 1 . 9 r " Section 5. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 28th day of October, 1996 by a vote of 5 ayes and � nays. ATTEST: , , Dorothy M. i , City Clerk Edward J. Call an, Jr., Mayor 2 ORDINANCE NUMBER 15 3 , SECOND SERIES SUMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 15 3, Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. 1 OFFICIAL SUIVIMARY OF ORDINANCE NUMBER �5 3, SECOND SERIES ORDINANCE NO. 15 3 , SECOND SERIES AN ORDINANCE ADOPTING THE 1997 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 143, SECOND SERIES and NO. 146, SECOND SERIES. The following is the official summary of Ordinance Number 15 3 , Second Series approved by the City Council of the City of Orono on December 9 , 1996. The following section have changes, additions and/or deletions: 1996 1997 DESCRIPTION FEE FEE CONSTRUCTION PERMITS AND INSPECTION FEES Commercial Industrial and Multi-Familv Residential bv Unit Tvne SPRINKLER SYSTEMS - COMMERCIAL - fire sprinkler systems $35.00 minimum fee $35.00 minimum fee 1.25% of contract price 1.25% of oomract prioe Plan Review = 65% permit fee Surchazge based on valuation Surcharge based on valuation ALL SA1�IITARY SEWER AND MUNICIPAL WATER CONNECTIONS CHARGES Various Chazges Various Charges CONSTRUCTION PERMITS AND INSPECTION FEES SIGNS Temporary $ 30.00 $ 35.00 BUII..DING MOVING OR LIFTING Fees for this activity are in addition to required building or demolition nermits. �e�e�eeEs� - Lifting accessory buildings $ 30.00 deleted - Lifting principal buildings $75.00 + engineering fee if necessary deleted - Moving accessory building within normal No moving permit required deleted highway clearance - Moving accessory building larger than $ 50.00 deleted normal highway cleazance 2 �. � 1996 1997 DESCRIPTION FEE FEE BUII..DING MOVING OR LIFI'ING Continued - Moving principal buildings over any lot $150.00 deleted line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or temunating in Orono General Administrative Documents Current Street Address Book $ 15.00 $ 25.00 LICENSES AND MISCELLANEOUS CHARGES DOGS AT LARGE -RELEASE FEE First Offense $ 20.00 $ 25.00 Second Offense $ 30.00 $ 35.00 Third Offense $ 40.00 $ 45.00 ANIMALS AT LARGE (Other than dogs) - Release Fee First Offense $ 20.00 $ 25.00 Second Offense $ 35.00 $ 40.00 Third Offense $ 50.00 $ 55.00 Trace & Catch Animal $ 20.00/hour $ 25.00/hour Trailer Charge $ 20.00 plus .25C mile $ 35.00 plus .25C mile FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge No Charge (1-3 total) Next � 3 false alanns/calendaz year $ 50.00 each ca11 $ 75.00 each call (4-�9 4-6 total) Next 3 3 false alarms/calendar year $100.00 each call $150.00 each call (��5 7-9 total) Each additional false alarm over�-5 10/ $150.00 each call $250.00 each call calendar year PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utilitv Service Rates - Effective beginning First Quarter 1997 MUNICIPAL SEWER RATE by unit: lst $ 72.00/qtr $ 74.50/per qtr each add'1 $ 65.15/qtr $ 67.40/per qtr by flow: $ 2.71/1000 gallon plus $ 2.80/1000 gal $6.85 per qtr per $ 7.10 per quarter connection per conn. 3 . � 1996 1997 DESCRIPT'ION FEE FEE PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Continued Stubbs Bay Area Un-Connected Properties $ 32.60 $ 33.75 MUNICIPAL WATER RATES Navarre Area Billing & Ready to Serve Chg $ 20.70/qtr $ 21.40/qtr Water Usage Rate $ 1.76/1000 gal $ 1.82/1000 gal Unconnected Property Chg $ 20.70/qtr $ 21.40/qtr (ready to serve/hydrant chg) Hwv 12 Area Billing & Ready to Serve Chg $ 7.60/qtr $ 7.85/qtr Water Usage Rate $ 2.44/1000 gal $ 2.52/1000 gal Unconnected Property Chg -0- -0- (ready to serve/hydrant chg) Chew Chase Area Billing & Ready to Serve Chg $ 7.60/qtr $ 7.85/qtr Water Usage Rate $ 1.95/1000 gal $ 2.01/1000 gal Unconnected Property Chg -0- -0- (ready to serve/hydrant chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area Area #1 rate $ 20.70/qtr + $ 21.40/qtr + total flow at border meter. $ 1.76/1000 gal $ 1.82/1000 gal Water Turn-On $ 17.50 $ 18.00 minimum Water Tum-Off $ 17.50 $ 18.00 minimum RECYCLING CHARGE $ 22.00/year $ 22.60/yeaz PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES GOLF COURSE CHARGES Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon lst Nine Holes $ 7.50 $ 7.75 2nd Nine Holes $ 5.00 $ 5.50 After 12:00 Noon and Weekend Rates lst Nine Holes $ 9.00 $ 9.50 2nd Nine Holes $ 6.50 $ 7.00 2nd Nine Holes $ 5.00 $ 5.50 (Weekday After 12:00 Noon) 4 . . : 1996 1997 DESCRIPTION FEE FEE PUBLIC WORKS DEPARTMENT NIISCELLANEOUS CHARGES Continued GOLF COURSE CHARGES Continued League Rates Monday thru Friday $ 8.50 $ 8.75 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays lst Nine Holes $ 5.00 $ 5.50 2nd Nine Holes $ 5.00 $ 5.50 Season Ticket (Senior citizens Only) $125.00 $130.00 STUDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday - Friday, Excluding Holidays lst Nine Holes $ 5.00 $ 5.50 2nd Nine Holes $ 5.00 $ 5.50 FALL RATES Will begin the Monday nearest the 15th of September. - Weekend Rates: lst Nine $ 7.50 $ 7.75 2nd Nine $ 5.00 $ 5.50 - Weekday Rates: lst Nine $ 5.00 $ 6.00 2nd Nine $ 3.00 $ 4.00 Sr. & Jr. $ 3.00 $ 4.00 A printed copy of the 1997 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 2, 1997. Adopted by the City Council of the City of Orono on this 9 day of December, 1996, by a vote of 5 ayes and � nays. �' , � �, . � � /. ` , ATTEST: Edward J. Callah " , Jr., ayor � I - 0 othy M. H , City Clerk Published in the Laker/Pioneer newspapers the week of December 21 , 1996 . 5 DIRECTORY FOR 1997 FEE SCHEDULE Copy Charges Page Licenses & Misce//aneous (Cont.1 Page Permits (Cont.l Page Administration 22 Garbage Haulers License 20 Sprinkler Systems - Accident Reports 25 Home Occupation License 20 Commercial 9 Building Plan Copies 22 Joint Use Dock License 20 Trapping Permit (Limited) 24 Copy Microfiche File - PD 25 Kennel License 23 Tree Removal 8 Copy Service - Police Dept 25 Solicitation License 22 Underground Tank Removal 9 Driver's License Record 25 Temporary Trailer/Building Water Meter Fees 9 Reprint Oversized Documents License 20 On Microfilm 22 Services Tape Recording Duplication Maps For Sa/e 22 Fingerprinting (Police) 25 (Police Dept.) 25 Water Turn-Off Charge 27 Pub/ic Works Supp/ies & Services Water Turn-On Charge 27 Connection Charges Driveway Culverts 29 Sanitary Sewer 10 Driveway/Curb Cut Permits 29 Signs Municipal Water 15 Street Signs (Public Works) 29 Permits Temporary & Permanent 17 Documents After-The-Fact Fees 5 Temp. "No Parking" (P.D.) 25 Comprehensive Guide 21 Building Permit Fees 8 Temp. "No Parking" (P.W.) 29 Special Assessment Searches 22 Burning Permit Fee� 19 � � Municipal Code/Ordinance 21 Cert. of Occupancy 8 Uti/ity Rate & Misce//aneous 26 Realtors Listing Info 22 Demolition Permit Fee 8 Annual Service Charge - Current Street Address Book 22 Docks: Septic 17 Commercial 8 Recycling Charge 27 Fa/se A/aim User Fee 25 Residential 8 Recycling Replacement Bins 27 Fire Protection 19 Go/f Course Rates 28 Firearms Discharge Permit 24 Zoning App/ications Firearms Permit To Carry 24 After-The-Fact Fees 5 /nspections Fireworks Permit Fee 24 Amendments 3 Contractual Inspection Grading Excavating, Filling 17 Appeal of Admin. Decision 5 Service 19 Large Assembly Permits 24 Commercial Site Plan 2 Special Inspection Charges 18 Lawn Sprinkler System 19 Comprehensive Plan Amend 3 Mechanical Permit Fees 9 Conditional Use Permit Fees 1 Licenses & Misce//aneous Move/Lift Building Permit Fee 18 Industrial Revenue Bond Appl. 5 After-The-Fact Fees 5 Municipal Hook Up Park Dedication Fees 7 Amusement Devices 24 (Sewer/Water► 9 PUD Rezoning 3 Animal Impound Fees 23 On-Site Systems (Septic) 17 Rezoning Application Fee 3 Beer, Wine & Liquor License 24 Outhouse Construction 17 Rip Rap Application Fee 5 Cigarette License 22 Parades & Special Events 25 Special Improvements Appl. 4 Commercial Marina License 20 Plumbing Permit 9 Subdivision Application Fee 2 Dog License 23 Retaining Walls 8 Surcharge for Staff Expense 5 . Dance (Public) License 24 Vacation Application Fee 3 ' � Gambling/Raffle License 22 Variance Application Fee 1 ORDINANCE NO. 15 3 , SECOND SIItIFS AN ORDINANCE ADOPTING THE 1997 FEE SC�ULE AN ORDINANCE REPEALING ORDINANCE NO. 143, SECOND SIIHES AND NO. 146 SECOND SIIHF.S The City Council of the City of Orono ordains Section 1. Ordinance Reaealed. Ordinance No. 143 Second Series, entitled 1996 Fee Schedule and No. 146, Second Series entitled Amendment to 1996 Fee Schedule is hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees effeMive during the calendar year 1997: SECTION 1. Fecs. ZONING APPLICATIONS All fees are apnlication fees and are non-refundable after staff work has begun on the application. Applicable Apnlication Tvpe Fee Code Section VARIANCE $250.00 10.06, Subd 3 (D) (Flexible applications involving more than one variance will require an additional $50.00 payment per each variance) Variance for Non-Conforming Structures $250.00 RENEWAL VARIANCE $150.00 10.06, Subd 3 (D) (No change from original application) CONDITIONAL USE PERMIT (One charge per project) 10.09, Subd 3 Residential Accessory Use (Animals, etc.) $175.00 10.09, Subd 3 Institutiona! Use (School, Church, etc.) $250.00 10.09, Subd 3 Duplex Credit (per buildin� $200.00 10.09, Subd 3 Guest House/Guest Apartment $225.00 Commercial/Industrial Use $300.00 10.09, Subd 3 Non-Conforming Use $250.00 10.09, Subd 3 1 ZONING.�'PLICATIONS (CONT.) Applicable Application Tvne Fee Code Section CONDITIONAL USE PERMIT Continued (One Charge per Project) 10.09, Subd 3 Land Alteration: $250.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore PRD Application with Subdivision Subdivision Fee plus $30.00 per dwelling unit PRD Application without Subdivision $ 35.00 per dwelling unit (minimam $150.00) PID Applications $150.00 per acre (minimum $350.00) Renewal Conditional Use Permit $150.00 (no change from original application) Conditional Use Permit with Variance Add $ 75.00 for each variance After-the-Fact Fees Double Application Fee Res. �/1306 & 1�1309 COMII�RCIAL SITE PLAN REVIEW $250.00 + Consultant Fee � SUBDIVISION Sketch Plan (Class I, II, & III) $250.00 11.10, Subd 7(A) Subdivision Application $350.00 11.10, Subd 10(A) (B) (Class I & II Subdivisions, Subdivision of a Lot Line Rearrangement) Preliminary Review $375.00 + $25/lot 11.10, Subd 10(C) (Class III and all non-residential) ($450/3 lots; $475/41ots) Fynal Plat Review (Class IIn $200.00 + Special Legal/Engineering Charges 11.10, Subd 17(A) (9) Filing Fees: a) Subdivision only $ 75.00 11.10, Subd 17 (A) (11) b) Subdivision + Easements & $200.00 Minimum plus any additional costs Covenants Renewal of Subdivision Application $200.00 (Class I & II, Subdivision of a Lot Line Rearrangement) (No Change From Original Application) 2 ZONIIVG APPLICATIONS(CONT.) Applicable Application Tvne Fee Code Section SUBDMSION Continued Renewal of Preliminary Subdivision Application (Class IIn $200.00 (No change from original application) Renewal of Final Subdivision Application $150.00 (No change from original application) PUBLIC ROAD VACATION $ 75.00 per benefitting Section 10.11 property ($300.00 minimum per application) EASEMENT VACATIONS WITH SUBDIVISION APPLICAI'IONS $100.00 Section 10.11 EASEMENT VACATIONS NOT ASSOCIATED WITH $200.00 Section 10.11 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $350.00 Section 10.11 PUD Rezoning - Allowed only within area adjacent to Hig6way 12 as defined Ord. 74, 2nd Series in Comprehensive Plan Amendment No. 2 Section 10.53 PUD Rezoning: Residential $350.00 + $40.00 per dwelling unit Commercial/Industrial $150.00 per acre (min. $350.011) REQUEST TO AMEND COMPREHENSIVE PLAN $350.00 Section 10.11 3 ZONING APPLICATIONS (CONT.) Applicable Aanlication Tvne Fee Code Section SPECIAL IMPROVEMENTS Section 11.12, Subd 4 Non-refundable charges for City Engineer's review for applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $600.00 plus 50E/lineal foot Proposed Public Roads $900.00 plus 50�/lineal foot Request for City to accept existing private road $900.00 Request for City to maintain unimproved public road $200.00 Proposed Sanitary Sewer Main Extension $250.00 plus $25.00 per stub Proposed Watermain Extension $250.00 plus $25.00 per stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System - Site Evaluation Review $ 50.00 per new lot proposed (applicable to rural subdivision applications) for on-site 4 ZONING APPLICATIONS (CONT.) Applicable Annlication Type Fee Code Section RIP-RAP Staff Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $100.00 + CUP review 6) Repair previously approved Staff permit = $100.00 APPEAL OF ADMINISTRATIVE DECISION $100.00 10.65, Subd 3 (D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: 0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Section 10.11 Per Fee Schedule set forth below: Professional Time $ 30.00/hour Clerical Time $ 18.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFI'ER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. 5 ZONING APPLICATIONS (CONT.) Applicable A�TER TH�FACT APPLICATION IlVVES17GA1'ION FEES Co�inued Fee Code Section Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the fee set forth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount). Res. 1306 6 ZONING APPLICATIONS (CONT.) Applicable Code Section PARK DEDICATION FEES I Municipal Code Section 11.62 Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.) (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platted or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication �nds. 7 CONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit Tvue Fee Code Section BUII.DING PERNIIT (Ord. 216) Minimum Fee $ 21.00 Normal Fee (per 1994 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1994 UBC/SBC Standard Schedule) Residential 65% of Building Permit Fee Building Valuation Standard (per Current I.C.B.O. Building Standards/Building Valuation Data) ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUII.DING PERMIT $ 50.00 (change in use) RETAINING WALLS (in excess of 42" also $21.00 minimum multiple tiered walls that exceed 42" (per 1994 UBC Standard Schedule) and not located in lakeshore protected area) � NOTE: Retaining walls in 0-75' lakeshore protected zone - see Cond. Use Permit section of fee schedule. TREE REMOVAL WITHIN 0-75' $ 30.00 Ord. 10.22 Subd 3 DOCKS -RESIDENTIAL $ 30.00 (Permanent and Initial Seasonal) DOCKS - C011��IlVVIERCIAL Per 1994 UBC/SBC Standard Schedule DEMOLITION PERMIT (Ord. 216) Principal Structure $ 50.00 Initial inspection $ 25.00 for each requested or required inspection beyond initial inspection Accessory Structure $ 30.00 Initial inspection 8 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) � Applicable Permit Tvae Fee Code Section PLUMBING PERMIT $35.00 minimum per project 1.25% of contract price Mail-in postage & handling charge $ 1.50 MECHANICAL PERNIIT Minimum Fee for any Mechanical Permit $ 35.00 per project Mail-in postage & handling charge $ 1.50 Residential. Single Familv & Duplex bv Unit Tvpe 1.25% of contract price Under Ground Tank Removal Per mechanical permit fees Commercial. Industrial and Multi-Familv Residential bv Unit Type $ 35.00 minimum fee 1.25% of contract price SPRINKLER SYSTEMS - COMMERCIAL -�re sprinkler systems $ 35.00 minimum fee 1.25% of contract price Surcharge based on valuation -kitchen fire extinguishing system $ 35.00 per system MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 35.00 Water $ 35.00 5/8" meter including sales tax $139.00 3/4" meter including sates tax $191.00 1" meter including sales tax $247.00 larger meter quote basis Mail-in postage & handling charge $ 1.50 (sewer and water permits only) 9 ALL SANPPARY SEWER ANDMiJNICIPAL WATER CONNECTION CHARGFS(If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. SEWER PROJECTS By District - Project Fixed Charge + Unit Charge + Area Or Acreage Front Foot Credit To Area Charge + Charge 1963 ST-lA, LS-lA, ST-1B, LS-1B $ 225.00 $515.00/acre $ 37.20 (1) 1964 LS-lA or LS-1B $ 225.00 $ 38.10 (1) 1965 LS-1 $ 225.00 $ 56.15 (1) 1965 LS-lA $ 225.00 $ 40.90 (1) 1967 LS-1 $ 245.00 $ 24.40 (1) 1969 LS-1 Shore Hills $ 225.00 $12,120.00 (1) 1969 LS-2 Chevy Chase $ 8,685.00 (1) 1970 LS-1 Saga Hill $ 225.00 $ 4,750.00 $ 28.60 (1) 1971 LS-1 Dunwoody $ 225.00 $ 4,230.00 $ 26.00 (1) 1973-1 $ 8,200.00 $ 38.90 (1) 1980-1 Minnetonka Bluffs $10,485.00 (1) CREDTf TO AREA: (1) 602-37691 Sewer Operating (S� 406-37691 PIR Fund fYILS & Forcemain (2) 302-37691 1982 Improve & t{6 By Pass (6) 308-37691 1992 Improve Stubbs Bay (3) 304-3791 1985 Improve Crystal Bay 10 ALL SAriITARY SEWER AND M[JNICIPAL WATER CONNECTION CHARGES(If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. 1980-1 West Ferndale/County Road 15 $30.640.00 (1) 1980-1 Orono Lane $19,630.00 (1) 1980-1 County Road 15/Marinas $ 8,170.00 (1) 1980-2 North Shore Drive/Scotch Pine $28,895.00 (1) Lane 1981-1 North Shore Drive/Highwood $12,540.00 (1) 1982-1A Navarre Utilities $ 2,670.00 $1,095.00 trunk (3) area 1982-1B Navarre Utilities Northern $ 225.00 (1) $ 217.00 (3) $ 2,885.00 per (1) & (3) Avenue (trunk unit acre (3) acre/unit) 1985-1 Crystal Bay $12,675.00 (4) 1983-1 Highway 12 Orono-Long Lake- $ 1,191.00 (1) Medina 1989 Highway 12 - Phase I - North Side $ 1,138.00 (1) Brown Rd to Willow Dr CREDIT TO AREA: (1) 602-37691 Sewer Operating (5) 406-37691 PIR Ftind #7LS & Forcemain (2) 302-37691 1982 Improve & #6 By Pass (6) 308-37691 1992 Improve Stubbs Bay (3) 304-3791 1985 Improve Crystal Bay 11 ALL SAriITARY SEWER AND MUMCIPAL WATER CONNECTION CHARGES(If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. 1989 Highway 12 - Phase II - Future $ 2,092.00 (1) Trunk Expansion 1992 Stubbs Bay Sewer I Stubbs Bay NE/NW - Bayside East $14,270.00 (6) II Bederwood $22,090.00 (6) III Bayside North $18,700.00 (6) IV Oxford $26,395.00 (6) V Cygnet and Leaf $21,330.00 (6) CREDIT TO AREA: (1) 602-37691 Sewer Operating (� 406-37691 PIR Fund!{'1LS & Forcemain (2) 302-37691 1982 Improve & #6 By Pass (6) 308-37691 1992 Improve Stubbs Bay (3) 304-3791 1985 Lnprove Crystal Bay 12 ALL SA1vITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES(If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wislung to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. 1984 Forcemain and Lift Station #7 upgrade: (An additional fee is charged for properties benefitting from the 1984 forcemain and lift station#7 upgrade, as follows, see map for affected areas): All Charges Are Per Unit Fixed Charge + #6 By Pass + #7 Forcemain Credit To Area Existing Properties/Increase $ 484.00 (5) New Bldgs Replacing Existing Bldgs (If usage $ 484.00 (5) increases from existing) New Residential w/Existing Stub $1,400.00 (5) New Residential without Stub $ 225.00 (1) $ 216.50 (3) $1,400.00 (5) (1), (3) and (5) Freshwater Biological (Incl. "Marsh at $ 225.00 (1) $ 216.50 (3) $ 545.00 (5) Per (1), (3) and (5) Lafayette' Lots) unit on connection (previously assessed $2,000/acre) CREDIT TO AREA: (1) 602-37691 Sewer Operating (5) 406-37691 PIR�nd 117LS & Forcemain _ (2) 302-37691 1982 Improve & /t6 By Pass (6) 308-37691 1992 Improve Stubbs Bay � � (3) 304-3791 1985 Improve Crystal Bay 13 ALL SAIVITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES(If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. 1989 Gravity Line and Lift Station #10 By Pass: An additional fee is charged for properties benefitting from the 1989 gravity line and lift station #10 by-pass per Resolution #2671: Fixed Charge + #10 By Pass Credit To Area (see map for affected areas) $ 225.00 $2,470.00 (1) CREDIT TO AREA: - (1) 602-37691 Sewer Operating (5) 406-37691 PIR Fund�l7I.S & Forcemain � (2) 302-37691 1982 Improve & #6 By Pass (6) 308-37691 1992 Lnprove Stubbs Bay (3) 304-3791 1985 Improve Crystal Bay 14 ALL SAriITARY SEWER AND MUNICIPAL WA'I'ER CONNECT'ION CHARGES (If not previously assessed or in an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for the area. Such connections are subject to City Council approval. WATER PROJECTS By District - Project Fixed Charge + Unit Charge + Area Or Acreage Front Foot Charge Credit To Area Charge + 1967 LW-1 Highway 12/Crystal $ 4,119.00 $ 30.60 (1) Bay Road 1969 LW-2 Chevy Chase $ 4,082.00 (1) 1970 LW-1 Navarre Residential $ 2,039.00 $ 20.35 (1) 1970 LW-1 Navarre Commercial $ 3,060.00 $ 30.60 (1) 1982-1A Navarro $ 2,173.00 (2) 1989 Highway 12 - Phase I - $ 644.00 (1) North Side Water Trunk - Brown Rd to Willow Dr 1989 Highway 12 - Phase II - $ 4,719.00 (1) Water Tower, Well, & Pumphouse CREDIT TO AREA: (1) 601-37391 Water Operating (2) 302-37391 1982 Improve water 15 SEWER AND WATER UNIT ADJU5TMENT CHARGES CHARGES Charges shall result from either an intensification of an existing non-residential use or a new non-residential use that replaces a former use on a property located within an area already assessed and served by municipal sewer and water. CREDIT Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the new use. UNIT CHARGE Each sewer and each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council Wastewater Services or its successor and shall be payable to the City of Orono upon application for a building permit. 16 CONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit TWae Fee Code Section ON-SITE SYSTEMS (Ord. 210) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 50.00/per new lot Residential System Permit: Repair existing system $ 50.00 New/Replacement System $100.00 + $20.00 per each inspection over 3 (Includes outhouse on Big Island) Non-Residential System Permit: New or Total replacement $100.00 + $20.00 per each inspection over 4 Partial replacement $ 60.00 + $20.00 per each inspection over 2 Annual Service Charge $ 50.00/system/year plus Section 12.30, Subd 8(C) an additional $10.00 fee for late penalty plus 8% interest for unpaid charges certi�ed GRADING, EXCAVATION, FILLING - 1-100 cubic yard ( max. 10 loads) $ 50.00 (staff permit) + engineering fees if required ($100.00 if engineering fee necessary) - 101 + cubic yards $ 75.00 + Conditional Use Permit + $25.00 per each inspection over lst NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. SIGNS Temporary $ 35.00 Permanent (Per 1994 UBC/SBC Standard Schedule) 17 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvpe Fee Code Section BUII.DING MOVING OR LIFrING (Ord. 227) Fees for this activity are in addition to required building or demolition permits. -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50.00 within Orono b) Building outside Orono to be moved $150.00 into Orono (max. radius 25 miles) SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30.00 (when called by owner) Inspection surcharge for work or $30.00 per trip + boat rental if application on Big Island or transportation is not Deering Island provided by owner Reinspection fee after failure to comply $ 30.00 per trip + $30.00 per with Building, Septic or Zoning Code hour after lst hour Correction Notice -3rd trip 18 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Tvne Fee Code Section FIRE PROTECTION (Ord. 223) Fire Prevention Inspection No Charge Fire Code Permits $ 30.00 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65% of permit fee LAWN SPRINKLER SYSTEM $ 35.00 BURNING PERMITS Up to 5 times per year No Charge For Each Reinspection $ 20.00 More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.00 per month (Includes clerical time) Inspection Charge $ 15.00 per inspection Plan Review Charge SBC/IJBC Schedule Clerical Fee (Only charged if clerical $ 15.00 per hour use is excessive) 19 � LICENSES & MISCELLANEOUS CHARGES Applicable Permit �pe Fee Code Section Zoning Department Administered COMNIERCIAL MARINA LICENSE Application Fee (initial) $300.00 Renewal Application & Inspection Fee $200.00 (annual) plus: -late fee $100.00 JOINT USE DOCK LICENSE Application Fee (initial) $ 50.00 Renewal Application Fee $ 20.00 Plus each slip $ 2.00 Late Fee $ 25.00 GARBAGE HAULER LICENSE - f7at rate $ 30.00 - per hauler $ 15.00/truck -transfer fee $ 30.00 HOME OCCUPATION LICENSE $ 50.00 Initial Review Fee $ 30.00 (Annual Review Fee) TEMPORARY TRAII.ERS & BUII.DINGS $ 30.00 LICENSE 20 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Permit 1`vae Fee Code Section Zoning Department Administered ZONING DEPARI'MENT DOCUMENTS Comprehensive Guide Plan - 1980 $ 30.00 (with amendments) Municipal Code Book - complete $ 60.00 w/binder (Ch. 1-12 w/revisions) Municipal Code Book -Portions Ch 1 thru 9 (Book 1) w/revisions $ 35.00 loose Ch 10 thru 12 (Book 2) w/revisions $ 35.00 loose Ch 10 only (Zoning Code) w/revisions $ 25.00 loose Ch 11 only (Subdiv. Code) w/revisions $ 15.00 loose Other Individual Chapters $ .25/page Binder $ 5.00 Comp. Plan Amendment #2 (Hwy 12) $ 5.00 21 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Document Type Fee Code Section City Maps $ 2.00 each Topographic Information $ 12.00 per acre + engineering consultant fee if computer diskette is required Building & Planning Publications As Posted -Prices subject to change General Administrative Licenses Cigarette Sales Licenses - per quarter $ 5.00 5.24 Gambling & Raffle License $ 10.00 5.23 Solicitation License $ 20.00 5.30 Up to 10 solicitors - $1.00 each additional solicitor in Orono. Applicant must list only persons that will solicit in Orono. General Administrative Documents Listing Information $ 10.00 Assessment Search - Written $ 15.00/parcel (Verbal searches not given) Copy Service (for public City records only) $ .25 each 11" x 17" copies $ 1.00 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Documents that Cost of copying service, Messenger service & have been micro�lmed Min. Clerical Fee of$5.00 Building Plan Copies and/or Cost of Copying, Messenger Tape Recording Duplication Service & Min. Clerical Fee of$5.00 (entire amount to be paid upon request) Current Street Address Book $25.00 22 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Permit Tvae Fee Code Section Dogs & Kennels DOG LICENSES 9.12 Biannual License (issued in odd years) $ 15.00 Annual License (issued in even years only) $ 7.50 KENNEL LICENSES 5.36 Commercial Application & Inspection Fee $150.00 (Annual) Residential Application & Inspection Fee $ 25.00 (Annual) NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. DOGS AT LARGE -RELEASE FEE 9.12 First Offense $ 25.00 Second Offense $ 35.00 Third Offense $ 45.00 After Hour & Weekend Release Charge $ 45.00 ANIMALS AT LARGE (Other than dogs) -Release Fee 9.13 First Offense $ 25.00 Second Offense $ 40.00 Third Offense $ 55.00 Trace & Catch Animal $ 25.00/hour Trailer Charge $ 35.00 plus .25 mile (total distance) CARE OF IlVIPOUNDED ANIMAL Actual Cost 23 LICENSES � MISCELLANEOUS CHARGES (CONT.) Applicable Permit Tvpe Fee Code Section Police Deaartment Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor $500.00 per License Collected at Application In state investigation Actual cost up to $10,000 Out state investigation Actual cost Initial Investigation - Beer/Wine $150.00/person Res. 1306 Off-Sale Liquor License $150.00 4.30 Bond Requirement $5,000.00 On-Sale Liquor License $4,000.00 4.30 On-Sale Wine License $750.00 4.40 3.2 Beer Off-Sale (Annual) $ 25.00 4.20 3.2 Beer On-Sale (Annual) $ 75.00 4.20 Setup(Annual) $100.00 4.60 Club Liquor License (weekday) $100.00 4.50 (Sunday) $200.00 4.50 Temporary Set-up Permit (one day) $ 25.00/each 4.61 Temporary Beer Permit (one day) $ 15.00/each 4.21 AMUSEMENT DEVICE LICENSES 5.20 Per Establishment (Annual) $100.00 + machine fee Per Machine Fee $ 25.00 each PUBLIC DANCE LICENSE (annual) $100.00 5.21 (Individual Permit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 FIItEWORKS PERMIT $ 50.00 9.10 FIREARMS DISCHARGE PERMIT 9.10 Occasional (limited use) $ 10.00 Game Animals (limited use) $ 25.00 Annual (Club Only) $ 25.00 FIREARMS PERMIT TO CARRY $ 10.00 LIlVIITED TRAPPING PERMIT $ 20.00 9.11, Ord. 232 &Ord. 243 24 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Application 'I�ne Fee Code Section Police Deaartment Administered PARADES & SPECIAL EVENTS PERNIIT $ 50.00 6.08 FALSE ALARM USER FEES F�irst 3 false alarms/calendar year No Charge (1-3 total) Next 3 false alarms/calendar year $ 75.00 each call (4-6 total) Next 3 false alarms/calendar year $150.00 each call (7-9 total) Each additional false alarm over 10/ $250.00 each call calendar year FINGERPRINTING SERVICE $ 15.00/application -RESIDENT ONLY (Citizenship No Charge) COPY SERVICE - Police Records FYrst Two Copies $ 5.00 Additional Copies $ 0.25 each COPY OF ACCIDENT REPORTS $ 5.00 each COPY OF DRIVER'S LICENSE RECORD $ 5.00 each COPY FROM MICROFICHE FILE First Two Copies $ 10.00 Additional Copies $ .50 each "NO PARKING ORDER OF POLICE" $ 0.25 each paper signs (no lath included) TAPE DUPLICATION $ 10.00 25 - . PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utilitv Service Rates -Effective beginning First Quarter 1997 MUNICIPAL SEWER RATE by unit: lst $74.50 per quarter 2nd $ 67.40 per quarter by flow: $ 2.80/1000 gallon plus $7.10 per quarter per connection MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT For those properties unconnected between 16 months after service availability and up to 5 years after service availability and mceting thc critcria set forth in Ordinance No. 105, Second Series, allowing for hookup time extension, shall be charged only for the City portion of the sewer unit rate and not for the MWCC portion of the sewer unit rate. Stubbs Bay Area Un-Connected Properties $ 33.75 per quarter � 26 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Utititv Service Rates - Continued Area Hwy 12 Chevy Chase MiJNICIPAL WATER RATES Navarre Area Area Billing & Ready to Serve Chg $21.40/qtr $7.85/qtr $7.85/qtr Water Usage Rate $ 1.82/1000 gal $2.52/1000 gal $2.01/1000 gal Unconnected Property Chg $21.40/qtr -0- -0- (ready to serve/hydrant chg) Fee Federally Mandatcd Safe Drinking Water $ 5.21 per year on second quarter billing Testing Program (Charged per service connection) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area �{1 Rate $21.40/qtr billing charge ptus $1.82/1000 gallon total flow at border meter. Penalty for late payment of sewer/water bills - 15% after 45 days from billing date. Interest at 8% on unpaid water/sewer bills certi�ed. Water Turn-On $ 18.00 Minimum Water Turn-off $ 18.00 Minimum Water System Repair/Replacement if damage caused by property owner: Labor- Current Hourly Rate Parts - At Cost RECYCLING CHARGE $ 22.60/year Recycling Container - Initial No Charge Replacement (including sales tax) $ 6.50 each 27 ' PUBLIC �v�1RKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Fee GOLF COURSE CHARGES -Effective date 1997 Season Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon lst Nine Holes $ 7.75 FALL RATES 2nd Nine Holes $ 5.50 Will begin the Monday nearest the 15th of September. After 12:00 Noon and Weekend Rates lst Nine Holes $ 9.50 - Weekend Rates: 2nd Nine Holes $ 7.00 lst Nine $ 7.75 2nd Nine Holes $ 5.50 2nd Nine $ 5.50 (Weekday After 12:00 Noon) Riding Cart $ 7.00/per nine League Rates Monday thru Friday $ 8.75 - Weekday Rates: lst Nine $ 6.00 Senior Citizen (Over 60 years old) 2nd Nine $ 4.00 Begin Play Before 12:00 Noon - Weekdays Sr. & Jr. $ 4.00 lst Nine Holes $ 5.50 Riding Cart $ 5.00/per nine 2nd Nine Holes $ 5.50 Season Ticket (Senior Citizens Only) $130.00 GOLF CART RENTAL Motorized: lst Nine Holes (After 12:00 & Weekends) $ 10.00 2nd Nine Holes $ 8.00 Begin Play Before 12:00 Noon lst Nine Holes $ 7.00 2nd Nine Holes $ 7.00 Pull Carts -Per Round $ 2.00 Golf clubs -Per Round $ 2.50 STiJDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday -�Yiday, Excluding Holidays lst Nine Holes $ 5.50 2nd Nine Holes $ 5.50 � � CONCESSIONS As Posted - 28 PUBLIC WOItKS SUPPLIES & SERVICES Fee Street or Traffic Signs $ 75.00/std. sign (sale includes installation) Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lath) $ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $30.00/permit New Street Intersections (See zoning section - Special improvement fees) SECTION 2. This ordinance establishing the 1997 Fee Schedule shall be published in the Laker and Pioneer Newspaper and shall be effective the week of January '=` 1, 1997. _ Adopted by the City Council of the City of Orono on this December 9 , 1996. A T: Edward J. Callahan r., Mayor � orothy M. Hal n, ity Clerk Summary ordinance published in the Laker/Pioneer newspaper the week of D e c embe r 21 , 19 9 6 29 ORDINANCE NO. 15 4 , SECOND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMIT5, VARIANCES, OR OTHER AUTHORITY RELATING TO THE SITING OF WIRELESS TELECOMMUNICATION FACILITIES AND STRUCTURES IN ALL ZONING DISTRICTS IN THE CITY OF ORONO The City Council of Orono does ordain: SECTION 1. Statement of Policv. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of commercial and industrial activity so as not to unreasonably conflict with the primary residential and agricultural character of the City. SECTION 2. Extension of Interim Moratorium. To facilitate the purpose stated in Section 1 the City Council imposed a 120 day moratorium, pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances, or other authority relating to the siting of wireless telecommunication facilities and structures in all zoning districts in the City of Orono. This moratorium was to enable the city to study the issues relating to telecommunications structures and to make any necessary changes in its current ordinances. The initial moratorium is set to expire on December 24, 1996. Because the city has not yet completed the changes to its ordinances to reflect the results of its study of telecommunications issues it is necessary to extend the moratorium for an additional 90 days to March 24, 1997. SECTION 3. Telecommunication Facilities. For the purposes of this Section the words used herein shall have the following meaning: 1. Telecommunication - the wireless transmission, emission or reception of energy or communication impulses by cable, microwave, satellite or radio signals affecting radio, telephone, telegraph or television communication or medical or industrial energy transmissions. 2. Facility - any antenna, tower, or structure associated with the transmission, emission or reception of telecommunication signals. SECTION 4. Effective Date. This ordinance shall be effective after publication. Adopted by tha City Council of Orono on this 9th day of December, 1996, by a vote of 5 ayes and 0 nays. � � � � � j , AT ST: % " � Edward J. Call an, Jr., Mayor oro hy M. a n, City Clerk �/ Publish in the Laker and Pioneer newspapers the week of December 1�, 1996. . �* , '-, ORDINANCE NO. 15 5 , SECOND SERIES AN ORDINANCE RELATED TO NOISE CONTROL REPEALING CERTAIN SECTIONS OF THE ORONO MUNICIPAL CODE AND ADDING NEW SECTIONS THERETO The City Council of Orono ordains: Section 1. Municipal Code Section 5.25 Subd.2(N)as adopted in Ordinance#22,Second Series and relating to "Shows and Large Assemblies",is hereby repealed,and a new Section 5.25 Subd. 2(N) is hereby adopted to read as follows: "N. All reasonably necessary precautions to insure compliance with noise restrictions as regulated in the Municipal Code." Section 2. Municipal Code Section 7.14 entitled"Honking Horns" as adopted on April 1, 1984, is hereby repealed. Section 3. Municipal Code Section 7.30 Subd. 2(I) as adopted on April 1, 1984 and relating to "Recreational Motor Vehicles (Including Snowmobiles)", is hereby repealed, and a new Section 7.30 Subd. 2(I) is hereby adopted to read as follo�vs: "I. In a manner so as to be not in compliance with noise restrictions as regulated in the Municipal Code." Section 4. Municipal Code Section 730 Subd. 5(A)as adopted on April 1, 1984 and rela�ing to "Recreational Motor Vehicles (Including Snowmobiles)", is hereby repealed, and a new Section 7.30 Subd. 5(A) is hereby adopted to read as follows: "A. Mufflers which reduce the noise of operation of the motor so as to be in compliance with noise restrictions as regulated in the Municipal Code." Section 5. Municipal Code Section 9.20, Item (7) as adopted on April 1, 1984 and relating to "Disorderly Conduct", is hereby repealed. Section 6. Municipal Code Section 9.20, Item (8) as adopted in Ordinance#51, Second Series on Ma}' 9, 1988 and relating to "Disorderly Conduct", is hereby repealed. Section 7. Municipal Code Section 9.23,Items(A), (B), (C) and(D) as adopted in Ordinance #108, Second Series on August 24, 1992 and relating to "Participation in Noisy Parties and Gatherings", are hereby repealed. Page 1 of 8 . .4 . �. Section 8. Chapter 9 of the Orono Municipal Code entitled "Public Protection, Crimes and Offenses" is hereby amended by the addition of the following Section: SECTION 9.24 NOISE CONTROL Subd 1. Definitions. Except as provided in this section, words or phrases used in this chapter and defined in the rules of the Minnesota Pollution Control Agency Noise Section, Chapter 7030, shall have the meanings given in those rules. As used in this Ordinance the following words and phrases shall mean: A. Cut-Out or By-Pass. Mechanism which varies the exhaust system gas flow so as to discharge the exhaust gas and acoustic energy to the atmosphere without passing through the entire length of the system including all exhaust system sound attenuation components. B. dB (A). A unit of sound level expressed in decibels (dB) and A-weighted. C. Excessive Noise. The presence of any noise or combination of noises in such quantiry, at such levels, or such nature and duration or under such conditions as could potentially be injurious to human health, safety, or welfare; or to animal life; or could interfere unreasonably with the enjoyment of life or property. D. Exhaust System. Combination of components which provides an enclosed flow of exhaust gas from engine parts to the atmosphere. �. E. Holiday. Any day fixed by the United States or by Minnesota State Law for suspension of business in whole or in part. F. MPCA. Minnesota Pollution Control Agency. G. Municipality. The City of Orono. H. Noise. Any sound not occurring in the natural environment, including but not limited to, sounds emanating from airways, roadways, waterways, industrial, commercial and residential sources. I. Noise Control Officer. The Noise Control Officer shall be any of the City employees authorized to issue citations as listed in Municipal Code Section 2.38 Subdivision 2. Page 2 of 8 , . ., J. Person. Any individual, firm partnership, corporation, trustee, association, the State and its agencies and subdivision, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, person shall include employees and licensees. K. A-Weighted. A specific weighing of the sound pressure level for the purpose of determining the human response to sound. The specific weighing characteristics and tolerances are those given in American National Standards Institute 1.4-1983, Section 5.1. Subd 2. General Noise Standards A. Incorporation by Reference. The MPCA Noise Rule, Chapter 7030.0010 through 7030.0080, and all amendments thereof and supplements thereto , are hereby refened to, adopted incorporated by reference, and made a part of this ordinance. A current copy shall be available for public inspection through the City of Orono City Clerk's office. B. Maximum Noise Levels by Receiving Land Use Districts. No person shall operate or cause or pernut to be operated any source of noise in such a manner as to create a noise level outdoors exceeding the dB limit set in Table 1 for the receiving land use district specified. TABLE 1 SOUND LEVELS BY RECEIVING LAND USE DISTRICTS `�� Land Use District Day (7 A M - 10 P.M.I Night (10 P.M. - 7 A.M.1 Residential 65 dB(A) 55 dB(A) Commercial 70 dB(A) 70 dB(A) Industrial 70 dB(A) 70 dB(A) C. Exemptions 1. The levels prescribed above shall not apply to special events which have been granted a 'noise standards exemption' by the City Council. Application for such exemption shall be made in a timely manner prior to the event, and may be approved if the City Council finds that the proposed event will not adversely affect the citizens of Orono, and is otherwise consistent with the public health, safety, and welfare of the City. Page 3 of 8 �• � .,, 2. The levels prescribed above do not apply to trains operating on the existing train tracks through the City of Orono so long as the use complies with all other applicable county, state and federal standards and said use is not in any way expanded in terms of scope or duration. Subd 3. Prohibited Noises. The City Council of Orono hereby declares that excessive noise that unreasonably disturbs the peace, quiet, or repose of a person or persons ordinary sensibility, is a misdemeanor. No person shall make or cause to be made any excessive noise as defined in this section, nor as follows: A. Horns, Audible Signaling Devices, Etc. No person shall sound any signaling device on any vehicle except as a waming of danger (M.S. 169.68). B. Engine Exhausts. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws, regulations and this ordinance. C. Radios, Phonographs, Televisions, Paging Systems, Etc. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, television, paging system, i�'�achine or other device for production or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine or other device between the hours of 10 P.M. and 7 A.M., in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50' if the source is located outside a structure or building, shall be prima facie evidence of violation of this section. D. Social Gatherings. No person shall participate in any party or other gatherings of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property. When a police officer determines that a gathering is creating such noise disturbance, the off'icer may order all persons present, other than the owner or tenant of the premises where the disturbance is occuning, to disperse immediately. No persons shall refuse to leave after being ordered by a police officer to do Page 4 of 8 so. Every owner or tenant of such premises who has knowledge of the disturbance shall cooperate with police officers and shall make every reasonable effort to see that the disturbance is abated. A violation of this ordinance shall be deemed to be the act of the owner of the residential dwelling unit wherein it occurs as well as the persons on the premises who violate the ordinance except that the owner of the dwelling unit occupied by other shall be liable only for those violations occurring after a written notice of the violation of this ordinance shall have been received. E. Loudspeakers, Amplifiers, Etc. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of attracting attention of the public. F. Schools, Churches, Hospitals, Etc. No person shall create any excessive noise on a street, alley or public grounds adjacent to a school, church or hospital. G. Human Noise. No person shall engage in yelling, shouting, screaming, whistling, or singing at any time or place so as to annoy or disturb the quiet, comfort, or repose of any persons in any residence or dwelling in the vicinity of the source. ..�. H. Loading, unloading, unpacking. No person shall create loud or excessive noise in loading, unloading, or unpacking any vehicle. Subd. 4. Hourly Restriction for Certain Operations. The uses described below shall be limited to the times noted and as summarized in Table 2: A. Domestic Power Equipment. No person shall operate a garden or lawn tractor, power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, power device for bug eradication, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours of 8:00 A.M. and 8:00 P.M. on weekends and holidays. Snow removal equipment is exempt from this provision. Page 5 of 8 • ,. •.. B. Refuse Hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours of 8:00 A.M. and 8:00 P.M. on any weekend or holiday. C. Construction Activities. No person shall engage in or permit construction activities involving the use of any electric, diesel, or gas-powered machine or other power equipment except between the hours of 7:00 A.M. and 8:00 P.M. weekdays or between the hours of 8:00 A.M. and 8:00 P.M. on any weekend or holiday. TABLE 2 HOURLY RESTRICTIONS FOR CERTAIN OPERATIONS Activity Times Allowed Times Allowed on on Weekdays Weekends and Holida,y� Operate Domestic Power Equipmt. 7:00 AM - 10:00 PM 8:00 AM - 8:00 PM Refuse Hauling 7:00 AM - 10:00 PM 8:00 AM - 8:00 PM Construction Activities 7:00 AM - 8:00 PM 8:00 AM - 8:00 PM Subd. 5. Exception for Emergencies. A. Emergency Work. Noise created exclusively in the performance of emergency work to preserve the public health, safety or welfare, or in the performance of emergency work necessary to restore public service or eliminate a public hazard shall be exempt from the provisions of this ordinance for a period not to exceed 48 hours after the work is commenced. Persons responsible for such work shall inform the noise control off'icer of the need to initiate such work or, if the work is commenced during non- business hours of the City, at the beginning of business hours of the first day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise and the duration thereof. B. Emergency Vehicle Sirens and Civil Defense Systems. Sound produced by machines or devices for the production of sound on or in emergency vehicles and warning signals or systems for civil defense and public safety are exempt from Section 9.24, Noise Control. Page 6 of 8 . .�.. �, •, Subd. 6. Powers and Duties of Noise Control Officer A. Administering Officer. The noise control program established by this ordinance shall be administered by the Noise Control Officer. B. Testing Procedures. The Noise Control Officer shall adopt guidelines establishing the test procedures and instrumentation used in enforcing the provisions of this section. A copy of such guidelines shall be kept in the office of the Orono City Clerk and shall be available to the public for reference during business hours. C. Investigation and Inspection. The Noise Control Officer, with the assistance of other professional agencies or persons as may be necessary, shall conduct all research monitoring and other studies related to sound as are necessary in order to enforce this ordinance and shall make all investigations and inspections in accordance with law as required in applying the provisions of this ordinance. D. Noise Impact Statements. The Noise Control Officer may require any person applying to the City for a change in zoning, permit, license for any structure, operation, process, installation, or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the officer. Each such statement shall be reviewed to ascertain whether the granting of such change in zoning, permit, or license would result in the violation of any provision of this ord'inance. Reviews of Noise Impact Statements shall be made by the Noise Control Officer and recommendations shall be made to the City Council. , E. Other Powers and Duties. The Noise Control Officer shall exercise such other powers and perform such other duties as are reasonable and necessary to enforce the provisions of this ordinance. Subd. 7. Enforcement and Penalties A. Notice. When the Noise Control Officer, after appropriate testing has been done, determines that a noise exceeds the maximum sound level permitted under this ordinance, or otherwise constitutes a nuisance, the noise control officer shall give written notice of the violation to the owner or occupant of the premises where the noise originates, and order such person to correct or remove each specified violation within such reasonable time as is prescribed in the notice. Page 7 of 8 , .�.-_._.•-� • In all other cases, the Noise Control Officer or the City's law enforcement officer may demand immediate termination of the excessive noise. Failure to adhere to such demand would subject the violator to appropriate criminal enforcement procedures. B. Penalties. Any person violating this ordinance or any of its sections shall be guilty of a misdemeanor and in addition, shall be subject to injunctive relief which the City may exercise to pursue through a court of competent jurisdiction or State administrative agency as may be appropriate. Each day that a violation hereto continues shall constitute a separate violation. Section 9. Effective Date. This ordinance shall be published in THE LAKER/PIONEER newspaper and shall be effective upon publication. Adopted by the City Council of Orono,Minnesota this l Oth day of February, 1997. AT EST: � . ` Dorothy M. a i , City Clerk Gabri 1 Jabbour, Ma or X:WPPS\WPWIN60\WPDOCS�L.IZ�ISSUES\NOISEORD.WPD • Page 8 of 8 ORDINANCE N0.15 6• SECOND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERNIITS,LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES OR OTHER AUTHORITY RELATING TO THE SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES AND STRUCTURES IN ALL ZOl�1ING DISTRICTS IN THE CITY OF ORONO The City Council of Orono does ordain: SECTION 1. Statement of Policv. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of commercial and industrial activity so as not to unreasonably conflict with the primary residential and agricultural character of the City. SECTION 2. Extension of Interim Moratorium. To facilitate the purpose stated in Section 1 the City Council imposed a 120 day moratorium, pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances, or other authority relating to the siting of wireless telecommunication facilities and structures in all zoning districts in the City of Orono. This moratorium was to enable the city to study the issues relating to telecommunications structures and to make any necessary changes in its current ordinances. The initial moratorium was to expire on December 24, 1996. The moratorium period was extended to March 24, 1997. Because the city has not yet completed the changes to its ordinances to reflect the results of its study of telecommunications issues, it is necessary to extend the moratorium for an additional two months to May 26, 1997. SECTION 3. Telecommunications Facilities. For the purposes of this Section the words used herein sha11 the following meaning: 1. Telecommunication-the wireless transmission, emission or reception of energy or communication impulses by cable, microwave, satellite or radio signals affecting radio, telephone, telegraph or television communication or medical or industrial energy transmissions. 2. Facility-any antenna,tower,or structure associated with the transmission, emission or reception of telecommunication signals. SECTION 4. Effective Date. This ordinance shall be effective the date of approval. Adopted by the•City Council of Orono on this 24th day of March, 1997, by a vote of�_ ayes and 0 nays. A TEST: Gabri Jabbour, Mayo . � � . Dorothy M. lin, City Clerk Publish in the Laker and Pioneer newspapers the week of March 29, 1997 ORDINANCE NUMBER 15 7 , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY LISTING THE LEGAL DESCRIPTION OF CERTAIN PROPERTIES WITHIN THE CITY AS REZONED FROM RR-1B TO R-lA,FROM RR-1B TO B-1, OR FROM R-lA TO B-1 THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: That part of Outlots A and D, Sugar Woods, Hennepin County, Minnesota lying south of a line drawn 1,115 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W. Said property is hereby rezoned from RR-1B Single Family Rural Residential District to R-lA Single Family Residential District. Section 2. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: That part of Outlot F,Sugar Woods,Hennepin County,Minnesota lying north of a line drawn 1,115 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W. Said property is hereby rezoned from R-lA Single Family Residential District to B-1 Retail Sales Business District. Section 3. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: That part of Outlot F, Sugar Woods, Hennepin County, Minnesota lying south of a line drawn 1,115 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34,T 118 N,R 23 W and lying north of a line drawn 1,170 feet south of and parallel to the north line of said Northeast Quarter of the Northwest Quarter. Said property is hereby rezoned from RR-1B Single Family Rural Residential District to B-1 Retail Sales Business District. ' „ . ' ,. Section 4. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: i hat part of the Northeast Quarter of the Northwest Quarter of Section 34,T 118 N,R 23 W, bounded on the north by the south line of Outlot D, Sugar Woods, Hennepin County, Minnesota; on the west by the east line of Outlet E, Sugar Woods, Hennepin County, Minnesota; on the east by the west line of Outlot F, Sugar Woods, Hennepin County, Minnesota;and on the south by a line drawn 1,170 feet south of and parallel to the north line of said Northeast Quarter of the Northwest Quarter. and That part of Outlot E,Sugar Woods,Hennepin County,Minnesota lying north of a line drawn 1,170 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W. Said property is hereby rezoned from RR-1B Single Family Rural Residential District to B-1 Retail Sales Business District. Section 5. This ordinance shall be published in the Laker/Pioneer newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on the 14th day of April, 1997 by a vote of 4 ayes and � nays. Gabrie abbour, Mayor ATTEST: /rl � � - o othy M. n, City Clerk ORDINANCE NO. 15 8 , SECOND SERIES AN ORDINANCE ADOPTING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS,LAND SUBDIVISIONS, REZONING APPLICATIONS,CONDITIONAL OR SPECIAL USE PERMITS,VARIANCES, OR OTHER AUTHORITY RELATING TO ADULT USES IN ALL COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE CITY OF ORONO THE CITY OF ORONO DOES ORDAIN: SECTION 1. Authori . Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the City is authorized to establish interim ordinances to regulate, restrict, or prohibit any use or development in a11 or a part of the City while the City is considering adoption or amendments of the comprehensive plan or official zoning controls. The City declares that this interim ordinance is established pursuant to the aforementioned statute and City ordinance. SECTION 2. Findin�s and Puipose. The City of Orono is conducting a comprehensive revision of its zoning code. One of the major goals of the revision is to minimize land use conflicts near residential neighborhoods and to promote maintenance and reinvestment in commercial and industrial property. The City Council is concerned about the effects of adult uses in commercial and industrial districts near residential areas, parks, and schools. The City Council is concerned that adult uses may contribute to instability through increased nighttime noise and traffic. The City Council is concerned that adult uses are not a service to the industrial and community level commercial districts. As a result of the important land use and zoning issues cited above, the City will conduct studies for the purpose of consideration of possible amendments to the comprehensive plan or official zoning controls to address the issues related to the establishment or expansion of adult uses. The City of Orono finds that this interim ordinance should be adopted to protect the planning process and the health, safety and welfare of the citizens. SECTION 3. Zonin�.Studv. The B-1,B-2,B-3,B-4,B-5,B-6,I,PID,PUD zoning districts of the City are hereby declared to be an interim zoning study area with respect to establishment or expansion of adult uses. SECTION 4. Studv of Adult Uses. For the purposes of this Section the words used herein shall have the following meaning: Page 1 of 3 (1) Adults - only gift store or bookstore: An establishment having as a substantial or significant portion of its stock in trade,books,magazines, films for sale or viewing on premises by use of motion picture devices or other coin-operated means,and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting,describing or relating to nudity,sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, or an establishment with a segment or section devoted to the sale or display of such material, for sale to patrons therein. (2) Adults - only motion picture theater or video arcade: An enclosed building used regularly and routinely for presenting programs, material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, for observation by patrons therein. (3) Nudi : The showing of the human male or female genitals,pubic area or buttocks with less than a fully opaque covering,or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple,or the depiction of covered male genitals in a discernibly turgid state. (4) Sauna: An establishment or place primarily in the business of providing (i) a steam bath and(ii)massage services. (5) Sexual conduct: Acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast. (6) Sexual excitement: The condition of human male or female genitals when in a state of sexual stimulation or arousal. (7) Sadomasochistic abuse: Flagellation or toriure by or upon a person clad in undergarments,a mask or bizarre costume,or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. (8) Adult entertairunent center: An enclosed building or a part of an enclosed building, wherein an admission is charged for entrance into the facility,or for food, alcoholic beverages or other beverages intended for consumption within the facility, wherein may be observed or which permits a customer to view one or more live persons unclothed or in such attire,costume or clothing as to expose to view any portion of the female breast below the top of the areola, or any portion of the male or female pubic hair, anus, cleft of the buttocks,vulva or genitals. SECTION 5. Effective Date. This ordinance shall be effective May 12, 1997 and sha11 expire on May 13, 1998. Page 2 of 3 . � , M SECTION 7. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on the 12 th day of Ma� , 199_7, by a vote of 5 ayes and__p__nays. ATTEST: �� l� • . �-,.���� Dorothy M. lin, City Clerk Gabriel Jabbour, Mayor Page 3 of 3 ORDINANCE NO. 15 9, SECOND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM � ON THE GRANTING OF BUILDING PERMITS,LAND SUBDIVISIONS, REZ01�1ING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES OR OTHER AUTHORITY RELATING TO THE SITING OF WIRELESS TELECOMMiTNICATIONS FACILITIES AND STRUCTURES IN ALL ZONING DISTRICTS IN THE CITY OF ORONO The City Council of Orono does ordain: SECTION 1. Statement of Policv. The purpose of Orono Municipal Code Chapter 10 is to provide . for the orderly development of commercial and industrial activity so as not to unreasonably conflict with the primary residential and agricultural character of the City. SECTION 2. Extension of Interim Moratorium. To facilitate the purpose stated in Section 1 the City Council imposed a 120 day moratorium, pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances, or other authority relating to the siting of wireless telecommunication facilities and structures in all zoning districts in the City of Orono. This moratorium was to enable the city to study the issues relating to telecommunications structures and to make any necessary changes in its current ordinances. The initial moratorium was to expire on December 24, 1996. The moratorium period was extended to March 24, 1997 and again to May 26, 1997. Because the city has not yet completed the changes to its ordinances to reflect the results of its study of telecommunications issues, it is necessary to extend the moratorium to June 10, 1997. SECTION 3. Telecommunications Facilities. For the.purposes of this Section the words used herein shall the following meaning: 1. Telecommunication-the wireless transmission, emission or reception of energy or communication impulses by cable, microwave, satellite or radio signals affecting radio, telephone, telegraph or television communication or medical or industrial energy transmissions. 2. Facility-any antenna,tower,or structure associated with the transmission, emission or reception of telecommunication signals. SECTION 4. Effective Date. This ordinance shall be effective after the date of approval and publication. Adopted by the City Council of Orono on this 12th day of May, 1997,by a vote of 5 ayes and � nays. ATTEST: �� � Gabriel abbour,Mayor Dorothy M. lin, City Clerk a Publish in the Laker and Pioneer newspapers the week of May , 1997 ORDINANCE NO. 1 h n , SECOND SERIES AN ORDINANCE PERMITTING PARTIAL PREPAYMENT OF SPECIAL ASSESSMENT FOR PUBLIC IMPROVEMENT PROJECTS The City Council of the City of Orono ordains. Minnesota Statutes, Section 429.061, Subdivision 3, allows partial prepayment of special assessments prior to certification of the assessments with the County Auditor. The Orono City Council desires to provide the owners of the properties assessed for public improvement projects with the opportunity to partially prepay the assessments as approved by the City Council. Property owners assessed for public improvement projects may partially prepay their assessment in the following manner: 1. No interest shall be charged for partial prepayments made within thirty(30)days from the date of adoption of the assessment. 2. Partial prepayments made after thirty (30) days from the adoption date of the assessment and before October 1, of the year of the assessment, shall incur interest based upon the entire assessment through December 31 of the year of the assessment. Adopted by the Orono City Council this 12th day of May, 1997. ATTEST: Gabrie Jabbour, Mayo �� / . orothy M. llin, City Clerk ORDINANCENO. 161, 2nd Series AN ORDINANCE AMENDING ORONO'S Z01�1ING CODE BY ESTABLISHING REGULATIONS FOR CONSTRUCTION AND PLACEMENT OF TELECOMMiTNICATION TOWERS AND ANTENNAS The City Council of the City of Orono ordains: Section 1. That Section 10.02 "Definitions" of the Orono City Code is hereby amended by adding subsections(SA) "Antenna", (SB) "Antenna Support Structure",(SC) "Antenna Tower", and (56B) "Secondary Use" and amending (54) "Public Services" to read as follows: (SA) Antenna. Any of the below described uses requiring an antenna sha11 be subject to the regulations of this Code: (i) Antenna.Personal Wireless Service. A device consisting of a metal, carbon fiber,or other electromagnetically conducive rods of elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service(PCS),enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof. (ii) Antenna.Radio and Television Receiving. A wire,set of wires,metal or carbon fiber element(s),other than satellite dish antennas,used to receive radio,television,or electromagnetic waves,and including the supporting structure thereof. (iii) Antenna. Satellite Dish. A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to,what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and support structure thereof. (iv) Antenna.Short-Wave Radio Transmitting and Receiving. A wire,set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof. 1 (SB) Antenna Support Structure. Any building or other structure other than a tower which can be used for location of antennas. (SC) Antenna Tower. A self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. (54) Public Services. Underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, tr�c signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings or major structures located above ground level. Personal wireless services and commercial broadcastin� antennas and towers shall not be considered�ublic service structures. (56B) Secondary Use. A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building. Section 2. That Section 10.03, General Provisions, Subd. 17, Essential Services, of the above-entitled ordinance be amended to read as follows: Subd. 17. This Zoning Chapter shall require a permit for all structures including utility poles and right-of-ways which are an integral part of a system for public transportation as for transmitting power,water,heat,communications,gas or sewage by any public utility. The Council shall grant a conditional use permit only after a showing that the public safety,health and welfaze will not be harmed by the essential services. Personal wireless services and commercial broadcastin� antennas and towers shall not be considered essential services. Section 3. That Section 10.20,R-lA, One Family Residential District, Subd. 3 (D), of the above-entitled ordinance be amended to read as follows: D. Public Service Structures. Public service structures,including but not limited to,electric transmission lines,buildings such as telephone exchange stations, booster or pressure regulating stations,wells,and plumbing stations,elevated tanks,lift stations and electrical power substations,provided no building shall be located within 50' from any lot line of an abutting lot in an "R" District. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures as defined above that have been approved by the City at required public hearings for public improvements projects shall not require a conditional use permit but such structures shall be subject to all other appropriate standards 2 set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the City to all affected property owners 14 days prior to the adoption of the amended plans by the Council. Personal wireless services and commercial broadcastin� antennas and towers shall not be considered public service structures. Section 4. That Section 10.20,R-lA,One Family Residential District, Subd. 3 of the above- entitled ordinance be amended by deleting (K)and (M) as follows: , ..a....,.a...... .],.,... �._a .. ,.,7 Lf F,.a ,..,.,7 LL.. ...�L...�.�.. ..4...�..ti�...� � ..L L....1. A.,..,.,. ��.+ '�. � ,.a....,.a....,. .]..,.,. ..,.a ,. ,.,7 LC F„a ,....1 �L.. ...�L...�.�.. ..L...�..L...... . Section 5. That Section 10.20,R-1 A,One Family Residential District, Subd.4 of the above- entitled ordinance be amended by deleting (H)to read as follows: . Section 6. That Section 10.20,R-lA, One Family Residential District, Subd. 4, (I-�,of the above-entitled ordinance be amended by adding a new subsection(H)to read as follows: H. Communication Reception/Transmission Devices of the Orono City Code is hereby added to read as follows: (1) Accessory Antennas. Accessory Antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur short-wave radio transmitting and receiving antennas. Accessory Antennas that are accessory to the principal use of property are pernutted accessory uses in all zoning districts provided they meet the following conditions: 3 (a) Height. A ground mounted accessory antenna shall not exceed twenty(20)feet in height from ground level. (b) Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street. (c) Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. (d) Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. (e) Building Permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The Building Official must approve the plans before installation. (� Lightning Protection. Each accessory antenna shall be . grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City of Orono. (g) Electrical Code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the City of Orono. (h) Color/Content. Accessory antennas shall be of a neutral color and shall not be used as signage. (2) Amateur Short-Wave Radio Antennas and Towers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit in all zoning districts provided they meet the ' following conditions: 4 " (a) Height. When an amateur short-wave radio antenna is mounted on an antenna tower,the total height of the antenna and tower shall not exceed 65 feet. (b) Yards. Amateur short-wave radio antennas and towers shall not be located within a front, corner side or side yard. (c) Setbacks. Amateur short-wave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. Section 7. That Section 10.28, RR-1B, One Family Rural Residential District, Subd. 2, Pernutted Uses,of the above-entitled ordinance be amended by adding a new subsection(B)to read as follows: B. Personal Wireless Service Antennas and Towers. (1) Purpose and intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication equipment in order to accommodate the growth of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. (2) Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure may be allowed as a secondary use by administrative pernut,provided they comply with the city policy regarding the use of city-owned property for wireless telecommunication antennas and provided they meet the following conditions: (a) The antenna sha11 be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. (b) Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. (c) No advertising message shall be�xed to the antenna. 5 (d) Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. (e) When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. (� Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting,receiving and switching equipment,it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping. (g) All obsolete and unused antennas shall be removed withixi twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the communication provider. (h) Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. (i) The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antennas as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area. Section 8. That Section 10.40, B-1, Retail Sales Business District, Subd. 3 of the above entitled ordinance be amended to read as follows: F. Public Services. Public service structures, including, but not limited to, electric transmission lines and buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcastin�antennas and towers shall not be considered public service structures. � 6 . . , � �..._..a....,. ,],.,.,. �..a ,. ,.,] LC l..a ,..�,] aL,. ,.�a..�.�.. ..a....,.a....,. I ..a L,.,.1� �.�.� �: H. Personal Wireless Service Antennas and Towers. (1) Purpose and intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication equipment in order to accommodate the growkh of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. (2) Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure may be allowed as a secondary use by administrative permit,provided they comply with the city policy regarding the use of city-owned property for wireless telecommunication antennas and provided they meet the following conditions: (a) The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. (b) Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. (c) No advertising message shall be affixed to the antenna. (d) Antennas shall not be artificially illuminated unless required — by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. 7 (e) When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. (� Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting,receiving and switching equipment,it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping. (g) All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or - designate. The removal shall be the responsibility of the communication provider. (h) Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. (i) The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antennas as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area. Section 9. That Section 10.43,B-4, Office and Professional Business District, Subd. 4 (�, Public Services, of the above-entitled ordinance to be amended to read as follows: J. Public Services. Public service structures, including, but not limited to, electrical transmission lines and buildings such as telephone exchange stations,booster or pressure stations,elevated tanks, lift stations and electric power substations. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. Section 10. That Section 10.44,B-5,Limited Neighborhood Business District, Subd. 4(C), Public Service Structures, of the above-entitled ordinance to be amended to read as follows: 8 C. Public Service Structures. Public service structures, including, but not limited to,electric transmission lines in buildings such as telephone exchange stations,booster or pressure stations,elevated tanks, lift stations and electric power substations. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. Section 11. That Section 10.50, I, Industrial District, Subd. 3, of the above-entitled ordinance to be amended by deleting subsection(B)to read as follows: , a... �. .7�,.,. �,�a ._ ..,7 LG l..a ..�.7 aL,. ..�a...��,. ,.�_....�.._.. : ,.4 L..,.L �.�,� �'�: Section 12. That Section 10.75, Height of Structures, Subd. 1, of the above-entitled ordinance be amended and realphabetized to read as follows: Subd. 1. Special Provisions. The height limitations imposed by other provisions of this Chapter may be increased by conditional use pernut by 50 percent when applied to the following structures: A A.�a,. .�f.. �A. Church spires. EB. Belfries. �C. Cupolas and domes which do not contain useable space. �D. Monuments. �E. Water towers. Fr.F. Fire and hose towers. �G. Observation towers. �-H. Flag poles. 3:I. Chimneys. i�J. Smokestacks. �:K. Parapet walls extending not more than three feet above height of the building. i�L. Cooling towers. �FM. Elevator penthouses. 9 . . . . � Section 13. Adoption and Publication. This ordinance sha11 be published in The Pioneer and The Laker newspapers and become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 2�thday of May , 1997 by a vote of 4 ayes and 0 nays. A ST: � < f Dorothy M a in, City Clerk Gabri Jabbour, Mayor Publish in the Laker and Pioneer newspapers the week of June 7, 1997. 10 ' . � � - , . ORDINANCE NO. 16 2 , SECOND SERIES AN ORDINANCE AMENDING SECTIONS 10.56 AND 12.30 OF THE ORONO MITNICIPAL CODE BY AMENDING THE TIMEFRAME FOR UPGRADE OF NON- COMPLIANT SEPTIC SYSTEMS WITHIN THE SHORELAND OVERLAY DISTRICT The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.56, Subdivision 17 is hereby amended as follows: Subd. 17. Nonconformities. All legally established nonconformities as of the date of this ordinance may continue subject to applicable Sta.te Statutes and as regulated elsewhere in the Orono Municipal Code. In shoreland areas, the following standards shall also apply: A. Construction on Nonconforming Lots of Record. Development or use of existing lots of record shall be regulated as set forth in Section 10.03, Subdivision 6 of the Orono Zoning Code. B. 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 the Orono Zoning Code. Any deviation from these requirements must be authorized by a variance pursuant to provisions of the zoning chapter. C. Nonconforming Sewage Treatment Systems. A nonconforming sewage treatment system(also defined as a Non-Compliant S sy teml as defined in Section 12.30 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 �ystems which are non-compliant due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limitin� soil characteristics. shall have seven years in which to become com�liant per the�rovisions of Section 1230 Subd. gBl(4a�. �ttr�l3er,�ke-All other non-com in iant sewage treatment system provisions of Section 12.30 sha11 apply to a11 shoreland areas. Section 2. Orono Municipal Code Section 12.30, Subd. 8(B)(4) is hereby amended as follows: 4. Owners of Non-Compliant systems shall be issued orders requiring maintenance,repair or replacement per Subdivision 5(C)as follows: 1 , � � � + (a) Systems located within the Shoreland District found to be non-compliant due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics, shall be repaired or replaced within a reasonable period of time not to extend past December 31 of the seeet��seventh year following the year in which repair orders aze issued,the intent being that at least�e seven full construction seasons(May thru November) sha11 be allowed for the completion of repairs. (b) Systems located outside the Shoreland District found to be non-compliant due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil chazacteristics, shall be repaired or replaced within a reasonable period of time not to extend past December 31 of the tenth year following the year in which repair orders are issued,the intent being that 10 full construction seasons (May thru November) shall be allowed for completion of repairs. (c) Systems found to be non-conforming because they are either"failing" or "prohibited" as defined in Subdivision 2 of this Section, shall be repaired or replaced within 90 days if feasible but in no case later than 1 calendar year after the date of the repair order. (d) Sewage tanks requiring pumping in order to eliminate surface discharge shall be pumped within 48 hours and as,often as necessary thereafter to eliminate effluent discharge until system repairs are completed. Section 3. Adoption and Publication. This ordinance shall be effective after the date of approval and publication. Adopted by the City Council of Orono, Minnesota on this 22nd day of September, 1997 by a vote of 4 ayes and 1 nay. ATTEST �"�. . orothy M. i , City Clerk Gabrie abbour,Mayor 2 C �� ORDINANCE NO. 163 , SECOND SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 10.03, SUBDIVISIONS 19 AND 21,AND SECTION 10.56 SUBDIVISION 16 (.n TO REVISE AND CLARIFY REQUIREMENTS AND LIMITATIONS ON LAND ALTERATION AND LAND ALTERATION PERMITS The City Council of the City of Orono ordains: Section 1. Municipal Zoning Code Section 10.03, Subdivision 19, is hereby deleted and a new Subdivision 19 substituted in its place as follows: Subdivision 19. Land Alteration;Prohibition. It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the Council: A. Remove,fill,use for fill,dredge, store or excavate rock, sand,gravel, dirt or similar earth material within the limits of the City. B. Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. C. Build,alter,or repair any seawall,retaining wall,or otherwise change the grade or shore of lakeshore property. All of the above-referenced land alterations involving filling and grading shall be performed only with "clean fill" as defined in Section 10.02. Granting of such permits is subject to other regulations and prohibitions of the City Code, and other applicable statutes or ordinances of other governmental bodies. Section 2. Municipal Zoning Code Section 10.03, Subdivision 21, is hereby deleted and a new Subdivision 21 substituted in its place as follows: Subdivision 21. Land Alteration; Exception. The requirements of Subdivision 19 are not intended to govern the following land alteration activities: 1. Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. 2. Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. Page 1 of 3 • '� Such grading and earth movement shall be subject to approval by the Building Inspector at the time of issuance of a building permit,provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit,a separate land alteration permit sha11 be required. Any unusual land alterations including earth filling, removal or grading proposed by a builder shall be subject to a Conditional Use Permit as provided for in this Chapter. The following land alterations shall be considered as 'unusual land alterations': A. All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. B. Any additional fill brought on site in excess of 500 cubic yards except for fill required to raise grade for adequate frost footing protection; the intent being that structures shall not be artificially raised above the pre-existing surrounding topography. C. Grading or alterations that that would propose any changes in elevations within 5 feet of adjacent residential lot lines except for drainage swales and ditches. The Building Inspector shall have the authority to refer any requests for land alteration permits to the City Council for review and approval in instances where said land alteration appears to potentially create negative impacts. Section 3. Municipal Zoning Code Section 10.56, Subdivision 16(�(4)is hereby deleted and a new Subdivision 16(�(4) substituted in its place as follows: J. Topographic Alterations/Grading and Filling. 4. Except for those projects requiring permits for construction of structures, sewage treatment systems, and driveways, a land alteration permit will be required as follows: a. For movement of 1-500 cubic yards of material anywhere within the Shoreland Overlay District, a staff-issued land alteration permit shall be required. b. For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use pernut approval by the City Council is required in addition to the required land alteration pemut. Page 2 of 3 Section 4. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orano,Minnesota on this 8th day of December, 1997 by a vote of�_ayes and p nays. A ST � � orothy M. H 1 n, City Clerk Gab 1 Jabbour, Mayor Page 3 of 3 � M ORDINANCE NO. 16 4 , SECOND SERIES AN ORDINANCE RELATING TO THE SALE, POSSESSION, AND USE OF TOBACCO, TOBACCO PRODUCTS,AND TOBACCO RELATED DEVICES IN THE CITY AND TO THE REDUCTION IN THE ILLEGAL SALE,POSSESSION, AND USE OF SUCH ITEMS TO AND BY MINORS. THE CITY COUNCIL OF THE CITY OF ORONO DOES ORDAIN: Section 5.24 adopted April l, 1984 , and entitled Tobacco and Ordinance No. 114, 2nd Series adopted April 12, 1993 entitled An Ordinance Amending Section 5.24 Adopted April 1, 1984 and Amended March 26, 1990 and Entitled "Tobacco" are hereby repealed and replaced with the following: Section 100. Purpose. Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of both State and Federal laws; and because studies,which the City hereby accepts, adopts,�and are on file at City Hall,have shown that most smokers begin smoking before they have reached the age of 18 yeazs and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this Ordinance shall be intended to regulate the sale,possession,and use of tobacco,tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. §144.391. Section 200. Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context,all terms shall be given their commonly accepted definitions. The singulaz shall include the plural and the plural shall include the singulaz. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: Subd. 1. Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco;snuff,fine cut or other chewing tobacco;cheroots; stogies;perique;granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. 1 1 ', Subd. 2. Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sni�ng, or smoking of tobacco or tobacco products. Subd. 3. Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays of tobacco,tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco,tobacco products,or tobacco related devices,without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Subd. 4. Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money,tokens, or other form of payment directly into the machine by any person. Subd. 5. Individually packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sa1e. Individually wrapped tobacco and tobacco products shall include,but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form,and single cans or other packaging of snufF or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. Subd. 6. Loosies. "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. Subd. 7. Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen(18)years. Subd. 8. Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. Subd. 9. Moveable Place of Business. "Moveable Place of Business" shall refer to any form of business operated out of a huck,van,automobile,or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 10. Sale. A "sale" shall mean any transfer of goods for money,trade,barter, or other consideration. 2 ti ' Subd. 1 l. Compliance Checks. "Compliance Checks" shall mean the system the city uses to investigate and ensure that those authorized to sell tobacco,tobacco products, and tobacco related devices are following and complying with the requirements of this Ordinance. Compliance checks shall involve the use of minors as authorized by this Ordinance. Compliance Checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products,or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State,or local laws and regulations relating to tobacco,tobacco products, and tobacco related devices. Section 300.License.No person shall sell or offer to sell any tobacco,tobacco products,or tobacco related device without first having obtained a license to do so from the city. Subd. 1. Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant,the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Administrator shall forward the application to the council for action at its next regularly scheduled council meeting. If the City Administrator shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. . Subd. 2. Action. The council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the council shall approve the license,the City Administrator shall issue the license to the applicant. If the council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the council's decision. Subd. 3. Term. All licenses issued under this Ordinance shall be valid for one calendar year from the date of issue. Subd.4.Revocation or Suspension.Any license issued under this Ordinance may be revoked or suspended as provided in the Violations and Penalties section of this Ordinance. Subd. 5. Transfers. All licenses issued under this Ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the council. Subd. 6. Moveable Place of Business. No license shall be issued to a moveable place of business.Only fixed location businesses shall be eligible to be licensed under this Ordinance. 3 Subd. 7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8. Renewals. The renewal of a license issued under this Section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. The issuance of a license issued under this Ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Section 400.Fees.No license shall be issued under this Ordinance until the appropriate license fee shall be paid in full.The fee for a license under this Ordinance shall be determined from time to time by the City and published in a fee schedule adopted by the City Council at a regularly scheduled Council meeting. Section 500. Basis for Denial of License.The following shall be grounds for denying the issuance or renewal of a license under this Ordinance;however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five years of any violation of a Federal, State, or local law, Ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. C. The applicant has had a license to sell tobacco,tobacco products, or tobacco related devices revoked or suspended on two (2) or more occasions within the preceding twelve months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State, or other local law, Ordinance, or other regulation, from holding such a license. Section 600.Prohibited Sales.It shall be a violation of this Ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen(18)years. B. By means of any type of vending machine, except as may otherwise be provided in 4 this Ordinance. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tohacco related device and whereby there is not a physical exchange of the tobacco,tobacco product,or tobacco related device between the licensee or the licensee's employee, and the customer. D. By means of loosies as defined in Section 200 of this Ordinance. E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana,or other deleterious,hallucinogenic,toxic,or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. F. By any other means,to any other person,on in any other manner or form prohibited by Federal, State, or other local law, Ordinance provision, or other regulation. Section 700.Vending Machines.It shall be unlawful for any person licensed under this Ordinance to allow the sale of tobacco,tobacco products,or tobacco related devices by the means of a vending machine. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this Ordinance is adopted shall comply with this Section within 45 days. This Section does not apply to facilities that cannot be entered at any time by persons younger than 18 years of age. Section 800.Self-Service Sales.It shall be unlawful for a licensee under this Ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items,including,but not limited to individually packaged or multipack units of tobacco or tobacco products,without having to request the item from the licensee or the licensee's ' employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other azea not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco,tobacco products, or tobacco related devices at the time this Ordinance is adopted shall comply with this Section within 45 days. This Section does not apply to retail stores which derive at least 90 percent of their revenue from tobacco and tobacco-related products and which cannot be entered at any time by persons younger than 18 yeazs of age. Section 900.Responsibility.All licensees under this Ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco,tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder.Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Ordinance, State or Federal law, or other 5 . ' applicable law or regulation. . Section 1000. Compliance Checks and Inspections. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time,but at least once per year,the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen(15)years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco,tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check.No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked.Nothing in this Section shall prohibit compliance checks authorized by State or Federal laws for educational,research,or training purposes, or required for the enforcement of a particular State or Federal law. Section 1100. Billboards. Billboards advertising any tobacco,tobacco product, or tobacco related device shall be governed by the city of Orono Sign Ordinance. Section 1200. Other Illegal Acts.Unless otherwise provided,the following acts shall be a violation of this Ordinance. Subd. 1. Illegal Sales. It shall be a violation of this Ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. Subd. 2. Illegal Possession. It shall be a violation of this Ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This Subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3. Illegal Use. It shall be a violation of this Ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco,tobacco product, or tobacco related device. Subd. 4. Illegal Procurement. It shall be a violation of this Ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco,tobacco product,or tobacco related device, and it shall be a violation of this Ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco,tobacco product,or tobacco related device. This Subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5. Use of False Identification. It shall be a violation of this Ordinance for any minor 6 . , ` ' to attempt to disguise his or her true age by the use of a false form of identification,whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Section 1300. Violations. Subd. 1.Notice.Upon discovery of a suspected violation,the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd.2.Hearings.If a person accused of violating this Ordinance so requests,a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Subd. 3. Hearing Officer. The City Council shall serve as the hearing officer. Subd. 4. Decision. If the hearing officer determines that a violation of this Ordinance did occur, that decision, along with the hearing officers reasons for finding a violation and the penalty to be imposed under Section 1400 of this Ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator.Likewise,if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such fmdings sha11 be recorded and a copy provided to the acquitted accused violator. Subd. 5. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the City in which the alleged violation occurred. Subd. 6. Misdemeanor Prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Ordinance.If the City elects to seek misdemeanor prosecution,no administrative penalty shall be imposed. Subd. 7. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Section 1400. Penalties. Subd. 1. Licensees.Any licensee found to have violated this Ordinance, or whose employee shall have violated this Ordinance, shall be charged an administrative fine pursuant to a penalty schedule determined from time to time by the City and published in the current fee schedule adopted by the City Council at a regularly scheduled Council meeting. In addition, after the second offense,the license shall be suspended for not less than three days. After the third offense the license shall be suspended for not less than seven days. _ Subd. 2. Other Individuals. Individuals, other than minors, found to be in violation of this 7 • • . Y r •. Ordinance shall be charged an administrative fine pursuant to a penalty schedule determined from time to time by the City and published in the current fee schedule adopted by the City Council at a regularly scheduled Council meeting. . Subd. 3. Misdemeanor. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this Ordinance. Section 1500.Exceptions and Defenses.Nothing in this Ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied on proof of age as described by State law. Section 1600. Severability and Savings Clause. If any section or portion of this Ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this Ordinance. Section 1700.Effective Date. This Ordinance shall take effect the day following publication in the City's official newspaper. Adopted by the City Council this 8th day of December, 1997. ATTEST: Gabrie Jabbour, Mayor � ' , Dorothy M. Ha i , City Clerk 20th Published in the Laker/Pioneer newspapers on the/1/.�t�i day of December, 1997. l i 1897.1 g 1 ORDINANCE NO. 16� , 2nd SERIES AN ORDINANCE AMENDING ORDINANCE NO. 9.35 ADOPTED APRIL 1, 1984 AND AMENDED JUNE 19, 1984, AND ENTITLED "FIRE, BURGLARY AND SAFETY ALARM REGULATIONS AND REQUIREMENTS." The City Couricil of Orono ordains: Ordinance No. 9.35 adopted April 1, 1984 and amended June 19, 1984, and entitled "Fire, Burglary and Safety Alarm Regulations and Requirements", Subd. 3. (A) User Fee and Subd. 4. (B) Payment of Fees are deleted and replaced with the following. Subd. 3. User Fee. A. Once a public safety alann system reports more than one false alarm to the City in a single calendar year and the alarm user has received timely notice of the violation,the alarm user shall be charged a user fee as fixed and determined in accordance with City Code Section 1.05. Subd. 4. Payment of Fees. B. All delinquent charges for user fees shall be certified by the Clerk to the County Auditor who shall prepaze an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served, which assessment roll sha11 be delivered to the Council for adoption on or before the deadline established by State Statute. This ordinance becomes effective after its passage and publication. Passed by the Council this 8th day of December, 1997. ATTEST: Gabriel bbour, Mayor � , - Dorothy M. a n, City Clerk ; . ; . ORDINANCE NUMBER 1 h 6 ,SECOND SERIES SUMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number 16� , Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further deternunes that the publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. 1 OFFICIAL SUMMARY OF ORDINANCE NUMBER l h ti , SECOND SERIES ORDINANCE NO. 16 6 , SECOND SERIES AN ORDINANCE ADOPTING THE 1998 FEE SCHEDULE, AN ORDINANCE REPEALING ORDINANCE NO. 143, SECOND SERIES The following is the official summary of Ordinance Number�_, Second Series approved by the City Council of the City of Orono on December 8 , 1997. The following sections have changes, additions and/or deletions: 1997 1998 DESCRIPTION FEE FEE ZONING APPLICATIONS VARIANCE $220.00 $250.00 (Flexible applications involving more than one variance will require an additional$50.00 payment per each variance) Variance for Non-Conforming Structures $220.00 $250.00 RENEWAL VARIANCE $120.00 $150.00 (No change from original application) SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Professional Time $30.00/hour $40.00/hour Clerical Time $ 18.00/hour $20.00/hour 5/8"Water meter including sales tax $139.00 $130.00 3/4"Water meter including sales tax $191.00 $180.00 1"Water meter including sales tax $247.00 $240.00 ALL SANITARY SEWER&MUNICIPAL WATER CONNECTION CHARGES Various charges Various charges BUILDING MOVING OR LIFTING -Pre-Move code inspection,principal buildings a)Building within Orono to be relocated within Orono $ 50.00 Delete b)Building outside Orono to be moved into Orono $150.00 Delete (ma�c.radius 25 miles) (These permits are covered by building permits &demo permits) 2 1997 1998 DESCRIPTION FEE FEE LICENSES&NIISCELLANEOUS CHARGES General Administrative Licenses Tobacco Licenses $ 5.00/per qtr. $100.00 year Licensee or Employee violations within 24 month period 1 st Offense -- $ 75.00 2nd Offense -- $200.00 3rd&Over Offense -- $250.00 Audio Recording Duplication Cost of copying $ 10.00 per tape service,messenger service&min. Clerical fee Returned Check Charge -- $20.00 DOGS AT LARGE-RELEASE FEE First Offense $ 25.00 $ 55.00 Second Offense $ 35.00 $ 65.00 Third Offense $ 45.00 $ 75.00 After Hours,Weekend&Holiday Release Charge $ 45.00 $ 75.00 Added Hotiday ANIMALS AT LARGE (Other than dogs)-Release Fee First Offense $ 25.00 $ 55.00 Second Offense $ 40.00 $ 65.00 Third Offense $ 55.00 $ 75.00 Trace&Catch Animal $ 25.00/hour $ 35.00/hour Trailer Chazge $ 35.00 plus.25 mile $ 55.00 plus.31 mile (total distance) (total distance) LICENSES&MISCELLANEOUS CHARGES Police Department Administered FALSE POLICE ALARM USER FEES First false alarm/calendar year First 3 -No Charge No Charge Second false alarm/calendar year 4-6 alarms$75.00 each $ 50.00 Third false alarm/calendar year 7-9 alarms�150.00 each $250.00 Fourth false alarm/calendar year 10 and over$250.00 each $350.00 Fifth&over false alarm/calendar year $500.00 each call FALSE FII2E ALARM USER FEES First false alarm/calendar yeaz -- No Chazge Second false alarm/calendar year -- $75.00 Third false alarm/calendar year -- $250.00 Fourth false alarm/calendar year -- $350.00 Fifth&over false alarm/calendar year -- $500.00 3 1997 1998 DESCRIPTION FEE FEE LICENSES&MISCELLANEOUS CHARGES Continued Police Department Administered "NO PARKING ORDER OF POLICE" $ 0.25 each $ 0.50 each paper signs(no lath included) Video Tape Duplication -- $50.00 each tape MUNICIPAL SEWER RATES by unit: lst $74.50 per qtr. $76.85 per qtr. 2nd $67.40 per qtr. $69.55 per qtr. by flow: $ 2.80/1000 gallon plus $ 2.88/1000 gallon plus $ 7.10 per quarter per $ 730 per quarter per connection connection Stubbs Bay Area Un-Connected Properties $33.75 per quarter $34.85 per quarter (Expires 4/1/98) vIUNICIPAL WATER RATES Navarre Area Billing&Ready to Serve Chg $21.40/qtr $22.00/qtr Water Usage Rate $ 1.82/1000 gal $ 1.87/1000 gal Unconnected Property Chg $21.40/qtr $22.00/qtr Highway 12 Area Billing&Ready to Serve Chg $ 7.85/qtr $ 8.10/qtr Water Usage Rate $ 2.52/1000 gal $ 2.59/1000 gal Chevy Chase Area Billing Ready to Serve Chg $ 7.85/qtr $ 8.10/qtr Water Usage Rate $ 2.01/1000 gal $ 2.06/1000 gal Bulk sale-All Others -- $25.00 per location plus area rate per 1000 gallons RECYCLING CHARGE Replacement Container $ 6.50 each $ 9.00 each (including sales tax) 4 , . :. 1997 1998 DESCRIPTION FEE FEE GOLF COURSE CHARGES-Effective date 1998 Season Monday thru Friday(excluding Holidays) Begin Play Before 12:00 Noon 1 st Nine Holes $ 7.75 $ 8.00 After 12:00 Noon and Weekend Rates 1 st Nine Holes $ 9.50 $ 10.00 Season Ticket(Senior Citizens Only) $130.00 $140.00 GOLF CART RENTAL Pull Carts-Per Round $ 2.00 $ 2.50 Golf Clubs-Per Round $ 2.50 $ 3.00 FALL RATES Will begin the Monday nearest the 15th of September -Weekend Rates: lst Nine $ 7.75 $ 8.00 Sr.&Jr. -- $ 5.50 A printed copy of the 1998 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regulaz office hours. This ordinance becomes effective the week of January 2, 1998. Adopted by the City Council of the City of Orono on this 8 th day of December, 1997, by a vote of � ayes and�nays. AT'TEST: Gabriel bbour, Mayor orothy M. m, City Clerk 5 � � � • � ' DIRECTORY FOR 8 FEE SCHEDULE � Copy Charges Page Licenses & Misce//aneous (Cont.) Page Permits (Cont.l Page Administration 22 Garbage Haulers License 20 Sprinkler Systems - Accident Reports 25 Home Occupation License 20 Commercial 9 Audio Recording Duplication 22 Joint Use Dock License 20 Tree Removal 8 Building Plan Copies 22 Kennel License 23 Underground Tank Removal 9 Copy Microfiche File - PD 25 Returned Check Charge 22 Water Meter Fees 9 Copy Service - Police Dept 25 Solicitation License 22 Driver's License Record 25 Temporary Trailer/Building Services Reprint Oversized Documents License 20 Fingerprinting (Police) 25 On Microfilm 22 Tobacco License 22 Water Turn-Off Charge 28 Tape Duplication (Police_Dept.) Water Turn-On Charge 28 Audio 26 Maps For Sa/e 22 Video 26 Signs Pub/ic Works Supp/ies & Services Street Signs (Public Works) 30 Connection Charges Driveway Culverts 30 Temporary & Permanent 7 8 Sanitary Sewer 10 Driveway/Curb Cut Permits 30 Temp. "No Parking" (P.D.) 26 Municipal Water 16 Temp. "No Parking" (P.W.) 30 Unit Adjustment 17 Permits After-The-Fact Fees 5 Uti/ity Rate & Misce//aneous Documents Building Permit Fees 8 Annual Service Charge - Comprehensive Guide 21 Burning Permits 19 Septic 18 Current Street Address Book 22 Cert. of Occupancy 8 Municipal Sewer 27 Listing info - Realtors 22 Demolition Permit Fee 8 Municipal Water 28 Municipal Code/Ordinance 21 Docks: Recycling Charge 28 Special Assessment Searches 22 Commercial 8 Recycling Replacement Bins 28 Residential 8 Fa/se A/arm User Fees 25 Fire Protection 19 Zoning App/icadons Firearms Discharge Permit 24 After-The-Fact Fees 5 Go/f Couise Charges 29 Firearms Permit To Carry 24 Amendments 3 Fireworks Permit Fee 24 Appeal of Admin. Decision 5 /nspections Grading Excavating, Filling 18 Commercial Site Plan 2 Contractual Inspection Large Assembly Permit 24 Comprehensive Plan Amend 3 Service 20 Lawn Sprinkler System 19 Conditional Use Permit Fees 1 Special Inspection Charges 19 Limited Trapping Permit 24 Industrial Revenue Bond Appl. 5 Mechanical Permit Fees 9 Park Dedication Fees 7 Licenses & Misce//aneous Municipal Hook Up PUD Rezoning 3 After-The-Fact Fees 5 (Sewer/Water) 9 Rezoning Application Fee 3 Amusement Devices 24 On-Site Systems (Septic) 18 Rip Rap Application Fee 5 Animal Impound Fees 23 Outhouse Construction 18 Special Improvements Appl. 4 Beer, Wine & Liquor License 24 (See On-Site Systems) Subdivision Application Fee 2 Commercial Marina License 20 Parades & Special Events 25 Surcharge for Staff Expense 5 ,. Dog License 23 Plumbing Permit 9 Vacation Application Fees 3 Public Dance License 24 Retaining Walls 8 Variance Application Fees 1 Gambling/Raffle License 22 ORDINANCE NO. 16�, SECOND SERIES AN ORDINANCE ADOPTING THE 1998 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 143, SECOND SERIES The City Council of the City of Orono ordains Section 1. Ordinance Repealed. Ordinance No. 153 Second Series, entitled 1997 Fee Schedule is hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees effective during the calendar year 1998: SECTION 1. Fees. ZONING APPLICATIONS All fees are apnlication fees and are non-refundable after staff work has begun on the application. Applicable ,�pvlication Tvne �'gg Code Section VARIANCE $250.00 10.06, Subd 3 (D) (Flexible applications involving more than one variance will require an additional$50.00 payment per each variance) . Variance for Non-Conforming Structures $250.00 RENEWAL VARIANCE $150.00 10.06, Subd 3 (D) (No change from original application) CONDITIONAL USE PERMIT(One charge per project) 10.09, Subd 3 Residential Accessory Use (Animals, etc.) $175.00 10.09, Subd 3 Institutional Use(School, Church, etc.) $250.00 10.09, Subd 3 Duplex Credit (per building� $200.0(1 10.09, Subd 3 Guest House/Guest Apartment $225.00 Commercial/Industrial Use $300.00 10.09, Subd 3 Non-Conforming Use $250.00 10.09, Subd 3 1 � , q ' , � ZONING APPLICATIONS (CONTJ Applicable Auolication 1Wne �gg Code Section CONDTTIONAL USE PERMIT Continued (One Charge per Project) 10.09, Subd 3 Land Alteration: $250.00 + permit Grading, �lling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0.75' lakeshore PRD Application with Subdivision Subdivision Fee plus$30.00 per dwelling unit PRD Application without Subdivision $35.00 per dwelling unit (minimum$150.00) PID Applications $150.00 per acre (minimum$350.00) Renewal Conditional Use Permit $150.00 (no change from original application) Conditional Use Permit with Variance Add$75.00 for each variance After-the-Fact Fees Double Application Fee Res. f{1306 &1/1309 COMMERCIAL SI1'E PLAN REVIEW $250.0(1 + Consultant Fee SUBDMSION Sketch Plan(Class I, II, & IIn $250.00 11.10, Subd 7(A) Subdivision Application $350.00 11.10, Subd 10(A) (B) (Class I &II Subdivisions, Subdivision of a Lot Line Rearrangement) Preliminary Review $375.00 + $25/1ot 11.10, Subd 10(C) (Class III and all non-residential) ($450/3 lots; $475/41ots) Final Plat Review(Class IIn $200.00 + Special Legal/Engineering Charges 11.10, Subd 17(A) (9) Filing Fees: a) Subdivision only $75.00 11.10, Subd 17 (A) (11) b) Subdivision + Easements& $200.00 Minimum plus any additional costs Covenants Renewal of Subdivision Application $200.00 (Class I&II, Subdivision of a Lot Line Rearrangement) (No Change From Original Application) 2 ZONING APPLICATIONS (CONT.) Applicable Application'1Wue �g Code Section SUBDIVISION Continued Renewal of Preliminary Subdivision Application(Class IIn $200.00 (No change from original application) Renewal of Final Subdivision Application $150.00 (No change from original application) , PUBLIC ROAD VACATION $75.00 per benefitting Section 10.11 property ($300.00 minimam per application) EASEMENT VACATIONS WITH SUBDIVISION APPLICATIONS $100.00 Section 10.11 EASEMENT VACATIONS NOT ASSOCIATED WITH $200.00 Section 10.11 SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING $350.00 Section 10.11 PUD Rezoning-Allowed only within area adjacent to Highway 12 as defined Ord. 74, 2nd Series in Comprehensive Plan Amendment No. 2 Section 10.53 PUD Rezoning: Residential $350.00 + $40.00 per dweliing unit Commercial/Industrial $150.00 per acre (min. $350.00) REQiJEST TO AMEND COMPREHENSIVE PLAN $350.00 Section 10.11 3 7,ONING APPLICATIONS (CONT.I Applicable A,gnlication TWne �gg Code Section SPECIAL IlVIPROVEMENTS Section 11.12, Subd 4 Non-refundable charges for City Engineer's review for applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $600.00 plus 50E/lineal foot Prop�ed Public Roads $900.00 plus 50t/lineal foot Request for City to accept existing private road $900.00 Request for City to maintain unimproved public road $200.00 Propased Sanitary Sewer Main Extension $250.00 plus$25.00 per stub Proposed Watermain Extension $250.00 plus$25.00 per stub Proposed Storm Sewer System (excluding culverts) $200•00 On-Site System-Site Evaluation Review $50.00 per new lot proposed (applicable to rural subdivision applications) for on-site 4 ZONING APPLICATIONS (CONTJ Applicable Application Type �eg Code Section RIP-RAP Staff Review (normal rip-rap) No Charge Unusual Rip-Rap: a) New installation $100.00 + CUP review � b) Repair previously approved Staff permit = $100.00 APPEAL OF ADMINISTRATIVE DECISION $100.00 10.65, Subd 3 (D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: 0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ , administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEFS Section 10.11 Per Fee Schedule set forth below: Professional Time $40.00/hour Clerical Time $20.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. 5 7.nNiN(: APP .iCATIONS(CONTJ Applicable AFI'ER-THE-FACT APPLICATION INVESTIGATION FEE5 Continued ee Code Section Whenever any work, use or division of land for which a farmal application is required has been commenced without�rst making such application and receiving City approval therefore, a special investigation of the circumstances shali be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the fee set forth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee atnount). Res. 1306 6 ZONING APPLICATIONS(CONT.) Applicable Code Section PARK DEDICATION FEES I Municipal Code Section 11.62 Land Dedication Minimum Area-Subdividers shall be required to dedicate to the City for parks, playgrounds,trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.) (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platted or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. 7 CONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit Type Fee Code Section BUILDING PERMIT (Ord. 216) Minimum Fee $21.00 Normal Fee (per 1994 UBC/SBC Standard Schedule) Plan Review Fee: Commercial (per 1994 UBC/SBC Standard Schedule) Residential 65% of Building Permit Fee Building Valuation Standard (per Current I.C.B.O. Building StandardsBuilding Valuation Data) ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUII.DING PERMIT $50.00 (change in use) RETAINING WALLS (in excess of 42" also $21.00 minimum multiple tiered walls that exceed 42" (per 1994 UBC Standard Schedule) and notlocated in lakeshore protected area) NOTE: Retaining walls in 0-75' Iakeshore protected zone-see Cond. Use Permit section of fee schedule. TREE REMOVAL WITHIN 0-75' $30.00 Ord. 10.22 Subd 3 DOCKS-RESIDENTIAL $30.00 , (Permanent and Initial Seasonal) DOCKS-COMNIERCIAL Per 1994 UBC/SBC Standard Schedule DEMOLITION PERMIT (Ord. 216) Principal Structure $50.00 Initial inspection $25.00 for each requested or required inspection beyond initial inspection , Accessory Structure � $30.00 Initial inspection 8 CONSTRUCTION PERMITS AND INSPECTION FEES (CONTJ Applicable Permit'IWne . ee Code Section PLiTMBING PERMIT 1.25% of contract price or $35.00 minimum per project Mail-in postage & handling charge $ 1.50 MECHANICAL PERMIT Minimum Fee for any Mechanical Permit 1.25% of contract price or $35.00 pec project Mail-in postage & handling charge $ 1.50 Residential. Single Famil�plex by Unit pg Under Ground Tank Removal . Per mechanical permit fees Commercial. Industrial and Multi-Family Residential by Unit 2e $35.00 minimum fee 1.25% of contract price SPRINKLER SYSTEMS-COMII�RCIAL -�re sprinkler systems $35.00 minimum fee 1.25% of contract price Surcharge based on valuation -kitchen fire extinguishing system $35.00 per system MUNICIPAL CONNECTION PERMIT(together with area connection charges) Sewer $35.00 Water $35.00 5/8" meter including sales tax $130.00 3/4" meter including sales tax $180.00 1" meter including sales tax $240.00 larger meter quote basis Mail-in postage & handling charge $ 1.50 (sewer and water permits only) 9 ALL SAIVITARY SEWER AND MU1vICIPAL WATER CONNECTION CHARGFS(If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are lceated outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. SEWER PROJECTS By District - Project Unit Charge + Area Or Credit To Area Acreage Charge 1963 ST-lA, LS-lA, ST-1B, LS-1B $5,000.00 (1) 1964 LS-lA or LS-1B $5,000.00 (1) 1965 LS-1 $5,000.00 (1) 1965 LS-lA $5,000.00 (1) 1967 LS-1 $5,000.00 (1) 1969 LS-1 Shore Hills $12,400.00 (1) 1969 LS-2 Chevy Chase $8,700.00 (1) 1970 LS-1 Saga Hill $8,700.00 (1) 1971 LS-1 Dunwoody $8,700.00 (1) 1973-1 $12,400.00 (1) CREDIT TO AREA: (1) 602-37691 Sewer Operating (4)406-37691 PIR Fund 0{7LS&Forcemain (2) 302-37691 1982 Improve&A�6 By Pass (� 308-37691 1992 Improve Stubbs Bay (3) 310-37691 1985 Improve Crystal Bay (� 311-37691 1997 Improvements 10 ALL SAr1ITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES(If not previousty assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. SEWER PROJECTS 1980-1 Minnetonka Bluffs $10,765.00 (1) 1980-1 West Ferndale/County Road 15 $25,000.00 (1) 1980-1 Orono Lane $20,000.00 (1) 1980-1 County Road 15/Marinas $ 8,390.00 (1) 1980-2 North Shore Drive/Scotch Pine $25,000.00 (1) Lane 1981-1 North Shore Drive/Highwood $12,875.00 (1) 1982-1A Navarre Utilities $ 2,740.00 Trunk Area (2) $1,125.00 1982-1B Navarre Utilities Northern $450.00 $2,965.00 (2) Avenue (trunk unit Per Acre acre/unit) 1985-1 C stal Bay $13,015.00 (3) CREDIT TO AREA: (1) 602-37691 Sewer Operating (4) 406-37691 PIR Fund/{7LS &Forcemain (2) 302-37691 1982 Improve&f�6 By Pass (� 308-37691 1992 Improve Stu6bs Bay (3) 310-37691 1985 Improve Crystal Bay (6) 311-37691 1997 Improvements 11 ALL SANI'I'ARY SEWER AND MiJNICIPAL WATER CONNECTION CHARGES(If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) . The connecli�►u charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. 1983-1 Highway 12 Orono-Long Lake- $ 1,225.00 (1) Medina 1989 Highway 12 - Phase I - North Side $ 1,185.00 (1) Brown Rd to Willow Dr 1989 Highway 12 - Phase II - Future $ 2,175.00 (1) Trunk Expansion 1992 Stubbs Bay Sewer I Stubbs Bay NE/NW - Bayside East $14,655.00 (5) II Bederwood $22,685.00 (5) III Bayside North $19,205.00 (5) IV Oxford $27,110.00 (5) V Cygnet and Leaf $21,905.00 (5) ['REDIT TO AREA: (1) 602-37691 Sewer Operating (4)406-37691 PIR Fund#7IS &Forcemain (2) 302-37691 1982 Tmprove&#6 By Pass (5� 308-37691 1992 Improve Stubbs Bay (3) 310-37691 1985 Improve Crystal Bay (6) 311-37691 1997 Lnprovements � 12 ALL SANTfARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES(If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. 1997 SEWER 97-1 North L.L./L.L.C.0 $19,083.00 (� 97-2 Bracketts Point $31,773.00 (� 97-3 Bay Ridge $16,964.00 (� CREDIT TO AREA: (1) 602-37691 Sewer Operating (4) 406-37691 PIR Fund f{7LS &Forcemain (2) 302-37691 1982 Improve&!{6 By Pass (S� 308-37691 1992 Improve Stubbs Bay , (3) 310-37691 1985 Improve Crystal Bay (6) 311-37691 1997 Improvements 13 ALL SANTI'ARY SEWER AND MIJNICIPAL WATER CONNECTION CHARGFS(If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. 1984 Forcemain and Lift Station #7 upgrade: (An additional fee is charged for properties benefitting from the 1984 forcemain and lift station#7 upgrade, as follows, see map for affected areas): All Charges Are Per Unit #6 By Pass + #7 Forcemain Credit To Area Existing Properties/Increase $ 497.00 (4) New Bldgs Replacing Existing Bldgs (If usage $ 494.00 (4) increases from existing) ' New Residential w/Existing Stub $1,440.00 (4) New Residential without Stub $ 450.00 (2) $1,440.00 (4) (2) and (4) Freshwater Biological (Incl. "Marsh at $ 450.00 (2) $ 560.00 (4) Per unit (2) and (4) Lafayette' Lots) on connection (previously assessed $2,000/acre) CI�F.DIT TO AREA: (1) 602-37691 Sewer Operating (4)406-37691 PIR Fund#7LS &Forcemain (2) 302-37691 1982 Improve&!�6 By Pass (� 308-37691 1992 Improve Stubbs Bay _ (3) 310-37691 1985 Improve Crystal Bay (� 311-37691 1997 Improvements 14 ALL SA1vITARY SEWER AND MiJNICIPAL WATER CONNECTION CHARGES(If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. 1989 Gravity Line and Lift Station #10 By Pass: An additional fee is charged for properties benefitting from the 1989 gravity line and lift station#10 by-pass per Resolution#2671: Fixed Charge + #10 By Pass Credit To Area (see map for affected areas) $ 225.00 $2,535.00 (1) CREDIT TO AREA: (1) 602-37691 Sewer Operating (4)406-37691 PIR Fund#7LS & Forcemain (2) 302-37691 1982 Lnprove&#6 By Pass (� 308-37691 1992 Improve Stubbs Bay (3) 310-37691 1985 Improve Crystal Bay (� 311-37691 1997 Improvements . 15 ALL SAI�TITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES(If not previously assessed or in an improvement project is not deemed to be required in the sole discretion oF the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for the area. Such connections are subject to City Council approval. WATER PROJECTS By District - Project Unit Charge + Area Or Acreage Front Foot Charge Credit To Area Charge + 1967 LW-1 Highway 12/Crystal $ 4,230.00 $ 31.40 (1) Bay Road 1969 LW-2 Chevy Chase $ 4,190.00 - - (1) 1970 LW-1 Navarre Residential $ 2,095.00 $ 20.90 (1) 1970 LW-1 Navane Commercial $ 3,140.00 $ 31.40 (1) 1982-1A Navarro $ 2,230.00 (2) 1989 Highway 12 - Phase I - North $ 670.00 (1) Side Water Trunk - Brown Rd to Willow Dr 1989 Highway 12 - Phase II - $ 4,910.00 (1) Water Tower, Well, & Pumphouse CREDIT TO AREA: (1) 601-37391 Water Operating (2) 302-37391 1982 Improve water 16 SFWER AND WATER UNIT ADJUSTMENT CHARGES CHARGES Charges shall result from either an intensification of an existing non-residential use or a new non-residential use that replaces a former use on a property located within an area already assessed and served by municipal sewer and water. CREDIT Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the new use. UNIT CHARGE Each sewer and each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council Wastewater Services or its successor and shall be payable to the City of Orono upon application for a building permit. 17 ('ONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit Tvue �e Code Section ON-SITE SYSTEMS (Ord. 210) Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $50.00/per new lot Residential System Permit: Repair existing system $50.00 New/Replacement System $100.00 + $20.00 per each inspection over 3 (Includes outhouse on Big Island) Non-Residential System Permit: New or Total replacement $100.00 + $20.00 per each inspection over 4 Partial replacement $60.00 + $20.00 per each inspection over 2 Annual Service Charge $50.00/system/year plus Section 12.30, Subd 8(C) an additional$10.00 fee for late penalty plus 8°l0 interest for unpaid charges certified GRADING, EXCAVATION, FILLING - 1-100 cubic yard (max. 10 loads) $50.00(staff permit) + engineering fees if required ($100.00 if engineering fee necessary) - 101 + cubic yards $75.00 + Conditional Use Permit + $25.00 per each inspection over lst NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. SIGN5 Temporary $35.00 Permanent (Per 1994 UBC/SBC Standard Schedule) Minimum$35.00 18 CONSTRUCTION PERNIITS AND INSPECTION FEES (CONTJ Applicable Permit 1Woe Fee Code Section SPECIAL INSPECTION CHARGES Site Inspection without permit $30.0(1 (when called by owner) Inspection surcharge for work or $30.00 per trip + boat rental if application on Big Island or transportation is not Deering Island provided by owner Reinspection fee after failure to comply $30.00 per trip + $30.00 per . with Building, Septic or Zoning Code hour after lst hour Correction Notice-3rd trip FIRE PROTECTION (Ord. 223) F�re Prevention Inspection No Charge Fire Code Permits $30.00 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65% of permit fee LAWN SPRINKLER SYSTEM $35.00 BURNING PERMITS Up to 5 times per year No Charge For Each Reinspection $20.00 More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) 19 C(1NCTRiT(`Ti()N PF.RMiTS ATTi)iNSPECTION FEES �CONT.) � Applicable Permit Tvne � Code Section CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $25.00 per month (Includes clerical time) Inspection Charge $ 15.00 per inspection Plan Review Charge SBC/LTBC 5chedule Clerical Fee (Only charged if clerical $ 15.00 per hour use is excessive) Zoning Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) $3�•� Renewal Application&Inspection Fee $2�•� (annual) plus: -late fee $100.00 JOINT USE DOCK LICENSE Application Fee(initial) $50.00 Renewal Application Fee $20•� Plus each slip $ 2.� Late Fee $25•00 GARBAGE HAULER LICENSE -flat rate $30.00 -per hauler $ 15.00/truck -transfer fee $30.00 HOME OCCUPATION LICENSE $50.0(1 Initial Review Fee $30.00 (Annual Review Fee) TEMPORARY TRAILERS&BUII.DINGS $30.00 LICENSE 20 LICENSES&MISCELLANEOUS CHARGES (CONTJ Applicable Permit Tvne Fee Code Section Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan- 1980 $30.00 (with amendments) Municipal Code Book-complete $60.0(1 w/binder (Ch. 1-12 w/revisions) Municipal Code Book-Portions Ch 1 thru 9 (Book 1) w/revisions $35.00 loose Ch 10 thru 12 (Book 2) w/revisions $35.00 loose Ch 10 only (Zoning Code) w/revisions $25.00 loose Ch 11 only (Subdiv. Code) w/revisions $ 15.00 loose Other Individual Chapters $ .25/page Binder $ 5.00 Comp. Plan Amendment�12 (Hwy 12) $ 5.00 21 i�r�ive�c �e.�SCELLANEOUS CHARGES (CONT 1 Applicable Document Tvne � Code Section City Maps $ 2.00 each Topographic Informution $12.00 per acre + engineering consultant fee if computer diskette is requtred Building& Planning Publications As Posted-Prices subject to change General Administrative Licenses/Fines Tobacco Licenses $100.00 5.24 Licensee or Employee Violations within 24 month period lst Offense $75.00 . 2nd Offense $200.00 3rd Offense & Over $250.00 Gambling&Raftle License $ 10.00 5.23 Solicitation License $20.00 5.30 Up to 10 solicitors-$1.00 each additional solicitor in Orono. Applicant must list only persons that will solicit in Orono. rPneral AdministratiYe Documents Listing Information $ 10.00 Assessment Search-Written $ 15.00/parcel (Verbal searches not given) Copy Service (for public City records only) $ .25 each 11" x 17" copies $ 1.00 each Individual copies of Ordinances (1 copy) No Charge Reprint of Oversized Dceuments that Cost of copying service, Messenger service& have been microfilmed Min. Clerical Fee of$5.00 Building Plan Copies Cost of Copying, Messenger Service&Min. Clerical Fee • of$5.00(entire amount to be paid upon request) Current Street Address Book $25.00 Audio Recording Duplication $ 10.00 per tape Returned Check Charge $20.00 . 22 LICENSES &MISCELLANEOUS CHARGES (CONTJ Applicable Permit Tvoe Fee Code Section DOG LICENSES 9.12 Biannual License (issued in odd years) ' $ 15.00 Annual License (issued in even years only) $ 7.50 KENNEL LICENSES 5.36 Commercial Application & Inspection Fee $150.00 (Annual) Residential Application & Inspection Fee $25.00 (Annual) NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. DOGS AT LARGE-RELEASE FEE 9.12 First Offense $55.00 � Second Offense $65.00 Third Offense $75.00 After Hours, Weekend&Holiday Release Charge $75.00 ANIMALS AT LARGE(Other than dogs) -Release Fee 9.13 First Offense $55.00 Second Offense $65.00 Third Offense $75.00 Trace & Catch Animal $35.00/hour Trailer Charge $55.00 plus .31 mile (total distance) CARE OF IlbIPOUNDED ANIMAL Actual Cost 23 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Permit Tvoe ee Code Section Police Department Administered BEER, WINE&LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor $500.00 per License Collected at Application In state investigation Actual cost up to$10,000 Out state investigation Actual cost Initial Investigation-Beer/Wine $150.00/person Res. 1306 Off-Sale Liquor License $150.00 4.30 Bond Requirement $5,000.00 On-Sale Liquor License $4,000.00 4.30 On-Sale Wine License $750.00 4.40 3.2 Beer Off-Sale (Annual) $25.00 4.20 3.2 Beer On-Sale(Annual) $75.00 4.20 Setup(Annual) $100.00 4.60 Club Liquor License (weekday) $100.00 4.50 (Sunday) $200.00 4.50 Temporary Set-up Permit(one day) $25.00/each 4.61 Temporary Beer Permit (one day) $ 15.00/each 4.21 AM(TSEMENT DEVICE LICENSES 5.20 Per F,stablishment(Annual) $100.00 + machine fee Per Machine Fee $25.00 each PUBLIC DANCE LICENSE(annual) $100.00 5.21 (Individual Permit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $50.00 5.25 FIREWpRKS pERMIT $50.00 9.10 FIREARMS DISCHARGE PERMIT 9.10 Occasional (limited use) $ 10.00 Game Animals (limited use) $25.00 Annual(Club Only) S 25.(10 FIREARMS PERMIT TO CARRY $ 10.00 LIlVIITED TRAPPING PEItMIT $20.00 9.11, Ord. 232&Ord.243 24 LI�ENSES &MISCELLANEOUS CHARGES (CONT 1 Applicable �oulication Type F�e Code Section Police Denartment Administered PARADES & SPECIAL EVENTS P�RMIT $50.00 6.08 FALSE POLICE ALARM USER FEES 9.35 First false alarm/calendar year No Charge Second false alarm/calendar year $50.00 Third false alarm/calendar year $100.00 Fourth false alarm/calendar year $150.00 Fifth and over false alarm/calendar year $250.00 FALSE FIRE ALARM USER FEES 9.35 First false alarm/calendar year No Charge 5econd false alarm/calendar year $ 75.00 Third false alarm/calendar year $250.00 Fourth false alarm/calendar year $350.00 Tifth & over false alarmlcalendar year $500.00 each call FINGERPRINTING�ERVICE $ 15.00/application-RFSIDENT ONLY (Citizenship No Charge) COPY SERVICE-Police Records First Two Copies $ 5.00 Additional Copies $ 0.25 each COPY OF ACCIDENT REPORTS $ 5.00 each COPY OI'DRIVER'S LICENSE RECORD $ 5.00 each COPY FROM MICROFICHE FII,E First Two Copies $ 10.00 Additional Copies $ .50 each ' ' ' �' � 25 LICENSES &MISCELLANEOUS CHARGES (CONT 1 Applicable Anulication 1�ne Fee Code Section Police Department A�ministered "NO PARKING ORDER OF POLICE" $ 0.50 each paper signs (no lath included) AUDIO TAPE DUPLICATION $ 10.00 each VIDEO TAPE DUPLICATION $50.00 each 26 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates-Effective beginning First Quarter 1998 MUNICIPAL SEWER RATE by unit: lst $76.85 per quarter 2nd $69.55 per quarter by flow: $ 2.88/1000 gallon plus $7.30 per quarter per connection MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT For those properties unconnected between 16 months after service availability and up to 5 years after service availability and meeting the criteria set forth in Ordinance No. 105, Second Series, allowing for hookup time extension, shall be charged only for the City portion of the sewer unit rate and not for the MWCC portion of the sewer unit rate. Stubbs Bay Area Un-Connected Properties $34.85 per quarter (Expires 4/1/98) ' ' ' ' ' 27 � PUBLIC r..rRKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Utility Service Rates-Continued Area 1l1 Area lJ2 Area fi3 MUNICIPAL WATER RATES lYavarre H�yy 12 Chew Chase Billing &Ready to Serve Chg $22.00/qtr $8.10/qtr $5.10/qtr Water Usage Rate $ 1.87/1000 gal $2.59/1000 gal $2.06/1000 gal Unconnected Property Chg $22.00/qtr -0- -0- (ready to serve/hydrant ch� � Federally Mandated Safe Drinking Water $ 5.21 per year on second quarter 6illing Testing Program (Charged per service connection) Bulk sale to Minnetonka Beach for Lafayette Ridge Area-Area#1 Rate $22.40/qtr billing charge plus$1.87/1000 gallon total flow at border meter. Bulk sale-All Others-$25.00 per location plus area rate per/1,000 gallons. i.e. Fill swimming pool or watering sod. Penalty for late payment of sewer/water bills- 15°lo after 45 days from billing date. Interest at S% on unpaid water/sewer bills certi�ed. Water Turn-On $ 18.00 Minimum Water Turn-off $ 18.00 Minimum Water System Repair/Replacement if damage caused by property owner: Labor-Current Hourly Rate Parts-At Cost RECYCLING CHARGE $22.60/year Recycling Container-Initial No Charge Replacement Container $ 9.00 each (including sales tax) 28 PUBLIC WORKS DEPARTMENT MISCELLANEOUS�CHARGES (CONT) � . GOLF COURSE CHARGES-Effective date 1998 Season Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon lst Nine Holes $ 8.00 FALL RATES 2nd Nine Holes $ 5.50 Will begin the Monday nearest the 15th of September. After 12:00 Noon and Weekend Rates lst Nine Holes $ 10.00 -Weekend Rates: 2nd Nine Holes $ 7.50 lst Nine $ 8.00 2nd Nine Holes $ 5.50 2nd Nine $ 5.50 (Weekday After 12:00 Noon) Sr. &Jr. $ 5.50 Riding Cart $ 7.00/per nine League Rates Monday thru Friday $ 8.75 -Weekday Rates: Senior Citizen (Over 60 years old) lst Nine $ 6.00 Begin Play Before 12:00 Noon-Weekdays 2nd Nine $ 4.00 lst Nine Holes $ 5.50 Sr. &Jr. $ 4.00 2nd Nine Holes $ 5.50 Riding Cart $ 5.00/per nine Season Ticket(Senior Citizens Only) $140.00 GOLF CART RENTAL Motorized: lst Nine Holes (After 12:00& Weekends) $ 10.00 2nd Nine Holes $ 8.00 Begin Play Before 12:00 Noon lst Nine Holes $ 7.00 2nd Nine Holes $ 7.00 Pull Carts-Per Round $ 2.50 Golf clubs-Per Round $ 3.00 STCTDENT RATE (AGES 12- 1'n Begin Play Before Noon Monday-�iday, Excluding Holidays lst Nine Holes $ 5.50 2nd Nine Holes $ 5.50 CONCESSIONS As Posted � • � � . 29 PUBLIC WORKS SUPPLIES & SERVICES � Street or Traffic Signs $75.00/std. sign (sale includes installation) Driveway Culverts On Quote Basis (sale only, not installed) Water Meter Sales(See Building Permit Section) Temporary No Parking Signs(with lath) $ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $30.00/permit New Street Intersections (See zoning section-Special improvement fees) SECTION 2. This ordinance establishing the 1998 Fee Schedule shall be published as a Summary Ordinance in the Laker and Pioneer Newspaper and shall be effective the week of January 1, 1998. Adopted by the City Council of the City of Orono on this December 8 , 1997. A ST: Gabrie abbour, Mayor � � � , - orothy M. H in City Clerk Summary ordinance published in the Laker/Pioneer newspaper the week of De c emb e r 20, 19 9 7 30 ORDINANCE NO. 167 , SECOND SERIES AN ORDINANCE REGULATING OPEN BURNING WITHIN THE CITY OF ORONO The City Council of Orono ordains as follows: Section 1. Section 9.30 of the Orono City Code is hereby deleted. Section 2. The Orono Code is hereby amended by the addition of Section 9.30 as follows: Onen Burning. Subd. 1. Putpose. The purpose of this section is to establish permitted categories of open burn events within the City of Orono and provide for a permitting process for burning. Subd. 2. Definitions. For the purposes of this section,the terms defined herein have the meanings given them. � a. ,O�en Burnin�. Open burning means the burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack,duct or chimney. Open burning includes Recreational Fires, Small Brush Disposal Fires, and Large Brush Disposal Fires, fires for fire department training purposes, and fires for maintenance of native prairie areas. b. Recreational Fires. Recreational fires aze allowed on any size lot provided that all other permit conditions can be met. Recreational fire means a fire set with approved starter fuel no more than three (3) feet in height and diameter, using dry, clean wood;producing little detectable smoke,odor or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation or social purposes; extinguished completely before quitting the occasion;and r.especting weather conditions,neighbors,burning bans,and air quality so that nuisance, health or safety hazards will not be created. Approved mobile cooking devices such as manufactured hibachis, charcoal grills,wood smokers and propane or natural gas devices are not defined as recreational fires. Recreational Fire Sites shall not be located closer than fifty (50) feet to any structure or twenty-five (25)feet from any lot line. An adequate water supply for fire suppression purposes must be provided.. 1 c. Small Brush Disposal Fires. A minimum lot size of 2 acres is required for small brush disposal fires. Small brush disposal means a fire set with approved starter fuel no more than 8' in diameter and 4' in height using any clean dry wood, producing minimal smoke,odor or soot beyond the property line;conducted with an adult tending the fire site at all times; extinguished completely before leaving the site; and respecting weather conditions, neighbors,burning bans, and air quality so that nuisance,health or safety hazards will not be created. Small Brush Disposal Fire Sites shall not be located closer than seventy-five (75) feet to any structure or fifty (50)feet from any lot line. An adequate water supply for fire suppression purposes must be provided. Only materials generated on site may be burned. Burning of materials brought onto the property from other sites is prohibited. d. Large Brush Dis�osal Fires. A minimum lot size of 5 acres is required for large brush disposal fires. Large brush disposal fires means a fire set with approved starter fuel no more than 15' in diameter and 6' in height using any clean dry wood, . producing minimal smoke, odor or soot beyond the property line; conducted with an adult tending the fire site at all times; extinguished completely before leaving the site; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance,health or safety hazards will not be created. Large Brush Disposal Fire Sites shall not be located closer than one hundred fifty (150) feet to any structure or seventy-five (75) feet from any lot line An adequate water supply for fire suppression purposes must be provided. Only materials generated on site may be burned. Buming of materials brought onto the property from other sites is prohibited. e. Fire Department Training Fires. A fire used for the purpose of fire department training under the conditions of a permit from the Minnesota Pollution Control Agency. £ Native Prairie Restoration Fires. Fires used for the purposes of Native Prairie Maintenance conducted under the supervision of qualified individuals or firms specializing in this type of work. g. Starter Fuels. Starter Fuels means dry, untreated, unpainted kindling, branches or cardboard, or charcoal fire starter. Faraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution should be used to start an Open Burn. h. Wood. Wood means dry, clean fuel only as a twigs, branches, limbs, "presto logs," charcoal,or cordwood. "Wood" does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or . preservatives. 2 Subd. 3. Prohibited Materials. No person shall conduct, cause or permit open burning of refuse, leaves, oils, petro fuels, rubber, plastics, chemically treated materials,or other materials which produce excessive or noxious smoke such as tires, railroad ties,treated,painted or glued wood,composite shingles,tar paper,insulation, composition board, sheetrock,wiring, paint or paint fillers. No person shall conduct,cause or permit open burning of hazardous waste or salvage operations, or open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial establishment or building material generated from demolition of structures. No person shall conduct, cause or permit open burning of discarded material resulting from the handling,processing, storage,preparation, serving or consumption of food. Subd.4. Permit Required for Open Burning. No person shall start or allow any open burning on any property in the City of Orono without first having obtained an Open Burning Permit. Subd. 5. Purposes Allowed for Open Burning. Open Burn Permits may be issued only for the following purposes: a. Elimination of fire or health hazard that cannot be abated by other practical means. b. Ground thawing for utility repair and construction. c. Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the development and maintenance of land and rights-of-way where chipping, composting, landspreading or other alternative methods are not practical. d. Disposal of diseased trees generated on site, diseased or infected nursery stock, diseased bee hives. e. Recreational Fires for recreational, ceremonial,food preparation or social purposes. f. Fires for the purpose of fire department training. Fires for training purposes require a permit from the Minnesota Pollution Control Agency and the City of Orono. Subd. 6. Permit A�plication for O�en Burning and Permit Fees. Open Burning Permits shall be obtained by making application on a form prescribed and adopted by the City of Orono. 3 An Open Burning Permit may require a non-refundable application fee. Permit fees . shall be set annually by City Council Resolution. However, the City Council may at other times amend its Resolution setting the fees as it deems necessary. The fees established by City Council Resolution shall continue to be the required fee until amended by a Resolution. Fees collected shall be retained by the City for administrative costs of issuing permits. Subd. 7. Permit Process for Open Burnine. Upon receipt of the completed Open Burning Permit application and permit fee, a City of Orono staff person shall determine that the requirements for open burning under this Code are satisfied. Thereafter, a Permit may be issued. a. Recreational Fire inspection requirements include an inspection of the burn site by City staff before a permit is issued. Reinspection of the site is not required before conducting each burn within the permit time limits. b. Small and Large Brush Disposal Fires, Fire Department Training Fires, and Native Prairie Restoration Fires inspection requirements include an inspection, of the initial burn site,by city staff before a permit is issued. Reinspection of the site is required before conducting any additional burns within the permit time limits. c. Notification requirements include notifying the Orono Police Department for any open burn including Recreational Fires. For Small and Large Brush Disposal Fires, Fire Department Training Fires, and Native Prairie Restoration Fires in addition to notifying the Orono Police Department, the fire department having jurisdiction must also be notified. Subd. 8. Time Period for Permits. Permits for Recreational Fires are valid for one year from the date of issuance. Permits for all other fires are valid for 60 days from the date of issuance. Subd. 9. Hours for O�en Burnin�. Open burning is allowed only during the hours between 7:00 a.m. and 11:00 p.m. Subd. 10. Permit Holder Responsibilitv. Prior to starting an Open Burn, the Permit holder shall be responsible for confirming that no burning ban or air quality alert is in effect. Every Open Burn event shall be constantly attended by the Permit holder or his/her competent adult representative. The Open Burn fire shall be completely extinguished before the Permit holder or his/her representative leaves the site. It is the responsibility of the Permit holder to have a valid Permit, as required by this section, available for inspection on the site by the City staff, Orono Police Department, Minnesota Pollution Control Agency (MPCA), or Department of Natural Resources(DNR). 4 The Permit holder is responsible for compliance and implementation of all general conditions, special conditions and the burn event safety plan as established in the Permit issued. Subd. 11. Revocation of Open Burning Permit. The Open Burning Permit is subject to revocation at the discretion of the Minnesota Pollution Control Agency, Department of Natural Resources, the applicable Fire Chief, City staff or Orono Police Department. Reasons for revocation include, but are not limited to: a fire hazard existing or developing during the course of the burn,any of the conditions of the Permit being violated during the course of the burn, pollution or nuisance conditions developing during the course of the burn, a fire smoldering with no flame present or burning of materials brought onto the property from another site. Revocation of an open burning permit will result in a 6 month moratorium for . issuance of open burning permits for the applicant or subject property. Subd. 12. Denial of Open Burning Permit. If established criteria for the issuance of an Open Burning Pertnit are not met or during review of said application, it is determined that a practical alternative method of disposal of the material exists, or a pollution or nuisance condition would result, or if a burn event safety plan cannot be drafted to the satisfaction of City staff,then the City of Orono staff person may deny the Open Burning Permit application. Applications for an open burning permit within 6 months of the revocation of a previous permit will be denied. This 6 month moratorium will apply to both permits issued to the same applicant or for the same property. Subd. 13. Burning Ban or Air Ouality Alert. No Recreational Fire or Open Burn will be permitted when the City staff, City's Fire Chief, Fire Marshall, City's Police Chief or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an Air Quality Alert. Subd. 14. Rules Adopted by Reference. Minnesota Statutes 88.16 to 88.17 and 88.171 and Minnesota Uniform Fire Code are hereby adopted by reference and made a part of this Ordinance as if fully set forth herein. Subd. 15. Penal . Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction, shall be punished by a fine and/or imprisonment. 5 Subd. 16. Liabili . Any person conducting open burning within the City of Orono shall be responsible for any costs incurred by the City, and fire department, and any . adjoining property owners, as a result of the burn, including, but not limited to, fire suppression costs, property damage,personal injury and administrative fees. Section 3. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this ��rh day of Januarv , 1998 by a vote of 4 ayes and o nays. ATT T: �• . orothy M. a n, City C erk Gabriel abbour, Mayor 6 � ORDINANCE NO. 168 ,2ND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 166, 2ND SERIES AN ORDINANCE ADOPTING THE 1998 FEE SCHEDULE The CiTy Council of Orono ordains: Ordinance No. 166, 2nd Series adopted December 8, 1997, and entitled "An Ordinance Adopting the 1998 Fee Schedule" is amended to read: Annlication Ty�e Fee CONDITIONAL USE PERMIT Land Alteration: Grading,Filling,etc,(over�69 500 cubic yards) $250.00+permit � GRADING,EXCAVATION,FILLING(LAND ALTERATION2 - 1-�98 500 cubic yards . $50.00(staff permit)+engineering fees if required ($100.00 if engineering fee necessary) -�501 cubic yards $75.00+Conditional Use Permit+ $25.00 per each inspection over 1 st NOTE: �501 cubic yards or more requires a Conditional use Permit unless approved as part of building permit. This ordinance becomes effective after its passage and publication. Passed by the Council this 12th day of January, 1998. ATTEST: Gabri 1 Jabbour, Mayor � ` . Dorothy M. al n, City Clerk ORDINANCE NO. 169 SECOND SERIES AN ORDINANCE ENACTING AN INTERIM MORATORIUM REGARDING CERTAIN USES AS PERMITTED OR CONDITIONAL USES IN THE CITY'S INDUSTRIAL ZONE, AND ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS,REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS,VARIANCES OR OTHER AUTHORITY RELATING TO THE DEVELOPMENT OF INDUSTRIALLY ZONED PROPERTY IN THE CITY The City Council of Orono does ordain: SECTION 1. Statement of Policv. The purpose of Orono Municipal Code Chapter 10, Land Use Regulations, is to provide for the orderly development of commercial and industrial properties in accordance with the long term land use plan for the City as set out in the City's Comprehensive Plan. As part of the City's current Comprehensive Plan update process, the City Council has adopted a resolution setting out a general concept plan for land use along Highway 12. A number of types of land uses currently listed as permitted or conditional uses in the City's industrial zone may be incompatible with this concept plan. Therefore the City will conduct a study to determine the types of industrial uses compatible with the City's long term land use plan, both in terms of the character of Highway 12 and in terms of the rural residential character of the City. To ensure that, during the study period, uses that may be incompatible with the City's Highway 12 land use concept plan are not added or expanded;the City is hereby imposing a moratorium pursuant to Minnesota Sta.tute Section 462.355, Subdivision 4, on adding or expanding certain permitted and conditional uses in the City's industrial zone as listed below,and on the granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances or other authority related to development in the City's industrial zone: 1. Automobile and truck painting, major repair, body and fender work, upholstering, tire recapping, sales and storage. 2. Storage, repair, and wholesaling of boats and marine products. 3. Bus, truck, and contractor's terminals and maintenance yards. 4. Lumber yards and mill works. 5. Warehousing. 6. Fann equipment sales,repair and storage. 7. Motor fuel stations. 8. Open sales lot. 9. Outside storage. 10. Railroad switch yards. It is estimated that the study, and any zoning amendments deemed necessary by the study, can be completed in a period of six months. The moratorium is to be effective March 9, 1998 and is to expire on September 15, 1998. SECTION 2. Effective Date. This ordinance shall be effective upon the date of approval. Adopted by the City Council of Orono on this 9th day of March, 1998, by a vote of 5 ayes and 0 nays. ATTEST: Gabriel bbour, Mayor ' ��ir,� ./, � '���2�-�,/ _ Carole A. Haseman, Deputy City Clerk ORDINANCE NO. 170 , SECOND SERIES AN ORDINANCE AMENDING SECTION 10.44 OF THE ORONO ZONING CODE BY ADDING COFFEE AND BAGEL RETAIL STORES TO THE LIST OF CONDITIONAL USES WITHIN THE B-5 LIMITED NEIGHBORHOOD BUSINESS DISTRICT The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.44, Subdivision 4 (A) is hereby amended by adding the following uses and related standards to the list of conditional uses allowed within the B-5 Limited Neighborhood Business District: 9. Coffee or bagel retail stores, subject to the following conditions: a. No more than 50% of the gross floor area of any single building shall be devoted to coffee and/or bagel retail store uses. b. No individual coffee or bagel retail store use shall exceed 2,000 s.f. of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 s.f. of gross floor area. c. The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the zoning code parking requirement standard for restaurant uses. Applicant shall demonstrate that the total parking needs for the site will be met. d. An individual coffee or bagel retail store use shall be limited to a maximum of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats. Section 2. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and sha11 become effective immediately upon publication. Adopted by the City Council of Orono,Minnesota on this 23rd day of March, 1998 by a vote of 4 ayes and 0 nays. ATTEST: � � �/��---- in a S. Vee, City Clerk Gabrie Jabbour, Mayor . �e ` ORDINANCE NO. 171 , SECOND SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 10.03,SUBDIVISION 21; SECTION 10.56, SUBDIVISION 16(.n(2); AND SECTION 10.55, SUBDIVISION 10(A) TO ALLOW CERTAIN LAND ALTERATIONS IN SHORELAND AREAS VIA STAFF-ADMINISTERED PERMITS The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.03, Subdivision 21, is hereby revised as follows: Subdivision 21. Land Alteration; Exception. The requirements of Subdivision 19 are not intended to govern the following iand alteration activities: 1. Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. 2. Any earth movement undex 500 cubic yards which does not adversely impact the existing drainage. 3. (�rading filling or excavatins of 10 cubic vards or less within the Shore Setback Zone of all lakes enumerated in the Shoreland Management section of the Zonin� C, ode. Such grading and earth movement shall be subject to approval by the Building Inspector at the time of issuance of a building permit,provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit,a separate land alteration permit sha11 be required. Any unusual land alterations including earth filling, removal or grading proposed by a builder shall be subject to a Conditional Use Permit as provided for in this Chapter. The following land alterations shall be considered as 'unusual land alterations': A. All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. B. Any additional fill brought on site in excess of 500 cubic yards except for fill required to raise grade for adequate frost footing protection; the intent being that structures shall not be artificially raised above the pre-e�sting surrounding topography. C. Grading or alterations that that would propose any changes in elevations Page 1 of 3 within 5 feet of adjacent residential lot lines except for drainage swales and ditches. The Building Inspector shall have the authority to refer any requests for land alteration permits to the City Council for review and approval in instances where said land alteration appears to potentially create negative impacts or be not in kee�in�with the goals and policies of the Orono Communitv Mana�ement Plan. Section 2. Municipal Zoning Code Section 10.56, Subdivision 16(�(2)is hereby revised as follows: J. Topographic Alterations/Grading and Filling. 2. Grading, filling a� or excavating of more than 10 cubic vards is prohibited within 75' of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. Grading. filling or excavating of 10 cubic vards or less shall require Citv staff review and permit and be subiect to other�ertinent sections of the Zoning Code• Section 3. Municipal Zoning Code Section 10.55, Subd. 10(A) is hereby revised as follows: Subd. 10. Flood Fringe District. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Flood Fringe District to the extent that they are not prohibited by any other City Code provision and provided all permits or authoriza.tions are received as may be required by other City Code provision or regulation of other governmental agencies having jurisdiction,including without limitation the Minnesota Department of Natural Resources,the Minnehaha Creek Watershed District,and the Lake Minnetonka Conservation District. In addition,no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch or any other drainage facility or system,and no use shall adversely affect the quality or quantity of ground water runoff or the quality of the natural environment. A. Permitted Uses. (When in conformance with this Chapter): 1. All uses permitted in the Floodway District. 2. Agricultural uses such as general farming, outdoor plant nurseries, horticulture,truck farming and forestry. 3. Recreational uses such as golf courses,tennis courts, driving ranges, archery ranges,parks and nature preserves. Page 2 of 3 �� � 4. In areas other than wetlands,gradin .g fillin�or excavatin�of 10 cubic yards or less and sub�ect to the appronriate permits as re ug lated elsewhere in the City Code. Section 4. Adoption and Publication. This ordinance shall become effective upon adoption and publication. Adopted by the City Council of Orono, Minnesota on this 23rd day of March, 1998 by a vote of 4 ayes and p nays. ' ATTEST: , , �/ � _ � �C�-.� � L' �� Linda S. Vee, City Clerk Gabri Jabbour, Mayor Page 3 of 3 ORDINANCE NO. 172 SECOND SERIES AN ORDINANCE AMENDING ORDINANCE N0. 169,SECOND SERIES TO PROVIDE FOR AN EXEMPTION FROM THE INTERIM MORATORIUM REGARDING CERTAIN USES AS PERMITTED OR CONDITIONAL USES IN THE CITY'S INDUSTRIAL ZONE, AND ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS,REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS,VARIANCES OR OTHER AUTHORITY RELATING TO THE DEVELOPMENT OF INDUSTRIALLY ZONED PROPERTY IN THE CITY The City Council of Orono does ordain: SECTION 1. Statement of PolicX. The purpose of Orono Municipal Code Chapter 10, Land Use Regulations, is to provide for the orderly development of commercial and industrial properties in accordance with the long term land use plan for the City as set out in the City's Comprehensive Plan. As part of the City's current Comprehensive Plan update process, the City Council has adopted a resolution setting out a general concept plan for land use along Highway 12. A number of types of land uses currently listed as permitted or conditional uses in the City's industrial zone may be incompatible with this concept plan. Therefore the City will conduct a study to determine the types of industrial uses compatible with the City's long term land use plan,both in terms of the character of Highway 12 and in terms of the rural residential character of the City. To ensure that,during the study period,uses that may be incompatible with the City's Highway 12 land use concept plan are not added or expanded;the City is hereby imposing a moratorium pursuant to Minnesota Statute Section 462355, Subdivision 4,on adding or expanding certain permitted and conditional uses in the City's industrial zone as listed below,and on the granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances or other authority related to development in the City's industrial zone: SECTION 2. Exemntions from the Moratorium. Exemptions to allow new,permitted uses may be granted from the moratorium by the City Council in situations where the restrictions imposed by the moratoriuxn would cause undue hardship,provided that the proposed use(s) meet the following conditions: l. The proposed use must not have an adverse impact on the City's residential neighborhoods. 2. The proposed use must not have an adverse impact on the development of adjacent properties. 1 x _ . 3. The proposed use must not have adverse noise,visual or odor impacts. 4. The proposed use must be a currently permitted use in the industrial district. 5. If the proposed use meets the above conditions but is incompatible with the City's land use concept plan for the area, the use must be discontinued within a period of three (3)years unless the City Council approves an extension. SECTION 3. Effective Date. This ordinance shall be effective upon approval and publication. Adopted by the City Council of Orono on this 23rd day of March, 1998, by a vote of� ayes and�nays. �\� Gabrie abbour, Mayor AT'I'EST: l '�v � l/�P�--' Lin a S. Vee, City Clerk 2 � � � � � ORDINANCE NO. 173 ,SECOND SERIES AN ORDINANCE TO AMEND MiTNICIPAL CODE SECTION 11.62 REGARDING DEDICATION OF LANDS FOR PUBLIC USE FOR PARKS AND PLAYGROUNDS IN CONJUNCTION WITH CLASS II AND III SUBDIVISIONS The City Council of Orono ordains as follows: Section 1. Municipal Code Section 11.62 is hereby amended as follows: SEC. 11.62. PARKS AND PLAYGROUNDS, CLASS II AND III SUBDIVISIONS. Subd. 1. Lands For Public Use. The City finds that when land is subdivided, including a planned residential development or a planned unit development, the resulting additional housing units or commercial/industrial buildings have an impact on the City's park system. Therefore, pursuant to Minnesota Statutes, (1989), Section 462.358, subd. 2b, the City requires all persons, corporations or other legal entities that subdivide land within the City of Orono; as a prerequisite to approval of a lot division,final plat,planned residential development or planned unit development; to convey to the City or dedicate to the public, for use as parks,playgrounds,trails, or open space, a given percentage of the land being platted or developed as hereinafter specified, said portions to be approved by the City. In lieu thereof, the subdivider shall, at the option of the City pay to the City, for use in the acquisition, development or improvement of public parks, playgrounds,trails, wetlands or open spaces and debt retirement in connection with the foregoing,an equivalent amount in cash based upon the fair market value of the land to be developed.The form of contribution(cash or land,or any combination thereo fl shall be decided by the City Council based upon the need and conformance with the Comprehensive Plan. The amount of the dedication requirement shall be roughly proportional to the impact of the subdivision on the City's park system. Subd. 2. Dedicated Land Requirements. Any land to be dedicated as a requirement of this Section shall be reasonably adaptable for the above public purposes. Factors used in evaluating the adequacy of proposed dedicated areas shall include size,shape,topography, drainage, geology,tree cover, access and location. Subd. 3. Land Dedication Minimum Area. Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: 1 1 A. ResidentiaVagriculturaUmultiple residential zoned land. Dedication requirement of 8%of the land being platted or subdivided. The dedication required shall be roughly proportional to the projected impact of the proposed development on the City's pazk system. Because of the vastly differing land values in Orono, the 8% park dedication requirement could result in park dedication requirements that are either significantly greater than or significantly less than the amount which is roughly proportional to the impact of the proposed development on the City's park system. Periodically, therefore, the City will establish both a maximum and minimum park dedication amount per dwelling unit based on an updated projection of the cost of the City's park system, and the proportionate share of this projected cost to be borne by new dwelling units in Orono. This will be done by a resolution of the City Council. B. Commercial/industrial zoned land. Dedication requirement of 8% of the land being platted or subdivided. The dedication required shall be roughly proportional to the projected impact of the proposed development on the City's park system. The City finds that the employees of commerciaUindustrial developments in the City make use of the City's park system,particularly trails and natural areas. Because the City's park system is focused on trails and natural areas versus active community pazks and ballfields, commerciaUindustrial employees use the City's park system in ways similar to City residents. Therefore,the commercial/industrial dedication requirement will be tied to the residential dedication requirement by determining the number of employees that is equivalent to a residential dwelling unit in terms of impact on the City's park system. Periodically the City will establish both a maximum and minimum park dedication amount per employee based on this determination and the determination of the residential dedication requirement as set out in Paragraph A of Subdivision 3. This will be done by resolution of the City Council. C. Because the City of Orono's park system is focused on trails and natural open space areas, the City does not have a broad system of neighborhood parks. If a subdivision is planned to be served by a neighborhood park,this subdivision will receive a greater benefit from the City's park system than that received by the general population. Therefore, the maximum pazk dedication amount as determined in Paragraph A may be exceeded up to the full 8% dedication requirement in the case of a subdivision that is planned to be served by a neighborhood park. Subd.4. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land,the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. These funds are to be used only for the acquisition, development and improvement of public parks,playgrounds,trails,wetlands, or open spaces, and debt retirement in connection with the foregoing. Subd. 5. Fair Market Value of Lands. "Fair Market Value" for purposes of this Code shall be the land pre-development value to be determined by the City Council as of the time of preliminary plat application in accordance with the following: 2 . _ •.. . • . A. The City Assessor shall recommend to the City Council as to the fair market value of the land after consultation with the subdivider. B. If agreement is not reached between the City Assessor and subdivider,then the fair market value shall be determined in accordance with the following: 1. Fair mazket value as deternuned by the City Council based upon a current appraisal submitted to the City by the subdivider, at his expense. The appraisal shall be made by appraisers who aze approved members of SREA or MAI, or equivalent real estate societies. 2. If the City disputes such appraisal amounts, it may obtain an appraisal of the property by a qualified real estate appraiser which the City Council selects and which appraisal may be accepted by the City as being an accurate appraisal at fair market value. The cost of the appraisal shall be paid by the subdivider. 3. The subdivider may appeal any final determination of fair mazket value as provided by Minnesota Statute Section 462361. C. The determination of fair market value of the undeveloped land by the City Assessor, City Council, or designated appraisers, shall be determined at the time of preliminary subdivision approval provided that there is final plat approval within the time limits as set forth in this chapter. The time of preliminary plat approval is utilized because the nature of the subdivision, its probable population, lot size and value,and other relevant factors are known. If an extension of the time limits in this chapter is approved by the City Council, the fair market value shall be determined as of the time of the approval of that extension. In determining the fair mazket value as of time of preliminary plat application, or the extension thereof, the factors to be included in the analysis shall include any and all factors which are generally accepted and used by approved members of SREA or MAI or equivalent real estate appraisal societies. Subd. 6. Development of Land Previously Platted. (Repealed per Ordinance#89, Second series, adopted October 8, 1990.) Subd. 7. Future Subdivision. Any land which is further subdivided, divided or replatted or applied for such subsequent to May 1, 1990, shall be subject to the requirements of the ordinance then in effect concerning dedication of land for public purposes, and credit shall be given for any chazges previously imposed upon that land if the subdivider can prove that fees were previously paid. In no event shall the City be liable for any payment which may be due because of a subsequent reduction in the application percentage of land or equivalent mazket value in cash to be dedicated. Subd. 8. Administrative Procedures. The City Council shall establish such administrative procedures as they may deem necessary or appropriate to implement the provisions of this section of the Code. 3 L� � r�'/ � Section 2. Adoption and publication. This ordinance shall be effective after the date of approval and publication. Adopted by the City Council of Orono,Minnesota on this 13th day of April, 1998 by a vote of 5 ayes and o nays. ATTEST: � . (/�-� Linda S. Vee, City Clerk Gabriel bbour,Mayor , 4 ORDINANCE NO. 17:4 , SECOND SERIES . AN ORDINANCE EXTENDING AN INTERINI MORATORIUM ON THE GRANTING OF BUII,DING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES, OR OTI�R AUTHORITY RELATING TO ADULT USES IN ALL COIVIlVIERCIAL AND INDUSTRIAL DISTRICTS IN THE CITY OF ORONO The City Council of Orono does ordain: SECTION 1. Statement of Polic� The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of commercial and industrial activity so as not to unreasonably conflict with the primary residential and agricultural character of the City. SECTION 2. Extension of Interim Moratorium. To facilitate the purpose stated in Section 1 the Ciry Council imposed a 120 day moratorium, pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of building permits, land subdivisions, rezoning applications, conditional or special use pernuts, variances, or other authority relating to adult uses in commercial and industrial districts in the City of Orono. This moratorium was to enable the city to study the issues relating to adult use and to make �any necessary changes in its current ordinances. The initial moratorium is set to expire on May 12, 1998. Because the city has not yet completed the changes to its ordinances to reflect the results of its studies of adult uses and industrial districts, it is necessary to extend the moratorium to September 15, 1998. SECTION 3. Effective Date. This ordinance shall be effective after publication. Adopted by the City Council of Orono on this llth day of May, 1998, by a vote of 5 ayes and o nays. ATTEST: Gabriel bour, Mayor .� ,� �� Linda S. Vee, City Clerk Published in the Laker and Pioneer newspapers the week of June 6, 1998. ORDINANCE# 17 5 ,2ND SERIES AN ORDINANCE ADOPTING AN INTERIM MORATORIUM ON THE GRANTING OF CREDITS ALLOWING A 50% INCREASE IN DWELLING UNIT DENSITY IN THE LR-1C-1 DISTRICT The City Council of Orono does ordain: SECTION 1. Statement of Policv. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of residential properties so as not to unreasonably conflict with the current residential character of the City. The City is concerned that its current regulations in Section 10.26, Subd. 3 related to a credit allowing a 50%increase in dwelling unit density and the LR-1 C-1 zoning district are not adequate to ensure this. SECTION 2. Interim Moratorium. The City needs time to conduct a study to determine whether new regulations are needed;and,if so,to develop and adopt new regulations. To enable time for this process,the City Council finds it necessary to impose a 190 day moratorium pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of applications pursuant to Section 10.26, Subd. 3 in the LR-1C-1 District. SECTION 3. Effective Date. This ordinance shall be effective as of May 1 l, 1998. Adopted by the City Council of Orono on this l lth day of May, 1998, by a vote of �_ayes and_�nays. Gabriel bbour, Mayor ATTEST: � ��� Linda S. Vee, City Clerk Published in the Laker and Pioneer newspapers the week of June 6, 1998. ' " � ORDINANCE NO. 1�6 , SECOND SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 10,55, SUBDIVISION 15(A) REGARDING USE OF WETLANDS AND FLOOD FRINGE AREAS FOR DEVELOPMENT DENSITY CREDIT The City Council of the City of Orono ordains: Section 1. Municipal Zoning Code Section 10.55, Subdivision 15, is hereby amended as follows: A.Minimum Lot Area Requirements. The minimum lot area requirements of this Chapter shall be interpreted to mean that all of the required land area for each building site shall be in one contiguous parcel undivided by Floodway or Flood Fringe and no land within the protected area shall be included in determination of minimum lot area, except as specifically provided for herein: 1. For properties not served by municipal sanitary sewer,the minimum lot area may be divided by Flood Fringe lands provided at least 2.0 acres of land not within the protected area is included in one contiguous parcel and legal access is available to that building site without encroachment on the protected area. 2. For properties served by municipal sanitary sewer,the minimum lot area may be divided by Flood Fringe lands provided at least one half acre of land not within the protected area is included in one contiguous parcel and both municipal sewer and legal access is available to that building site without encroachment on the protected area. , , , , de��e�: Page 1 of 2 ., .� 3 For properties abuttin� a classified Public Water as identified elsewhere in the Zonin�Code for.�urposes of complYing�with minimum lot area reauirements. an area credit will be allowed for land within the Flood Fringe abuttine the Public Water when such Flood Fringe land is not wetland T'he owner or develoner of such nro�ertXwill be credited with an amount of his land within the non-wetland Flood Fringe ec�ual to but not exceedin�? the amount of his adjacent land which otherwise �ualifies for develo,�ment under this Chapter. 4 All.pronerties which were�ranted lot area credit or develonment densitv credit for wetlands as part of a subdivision lot area variance. buildin� nermit �uroval or other Cit�a�proval �rocess under prior Cihi ordinances (snecificallv Ordinance#125 adopted December 28 1970• Ordinance#213 adonted October 26. 1978• and Ordinance No 1 Second Series adonted March 12 19841 shall be considered as legallX nonconforming as to lot area or densitv ner such ori�inal a��roval After the effective date of this Ordinance wetlands shall not be credited toward minimum lot area rec�irements or for�urposes of complvin�with anv land use density open space buildin�unit to land area ratios or other similar reauirements of the land develo�ment and zonin�,�nrovisions except that wetlands mav be allowed as area credit for meetingthe 150%back lot area requirement as lon�as the back lot contains sufficient drv buildable land to satisfythe minimum acreaee reauirement of the underlvin zg___.oning district. Section 2. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono,Minnesota on this 26th day of May, 1998 by a vote of 4 ayes and 0 nays. ATTEST � � (�G�Gci � V��i � in a S. `'ee, City Clerk Gabriel abbour,Mayor __ _ ��, Published in the Laker and Pioneer newspapers the week of June 6, 1998. Page 2 of 2 . , 7.` ORDINANCE NO. 17 7 , SECOND SERIES - AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS,LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS,VARIANCES,OR OTHER AUTHORITY RELATING TO ADULT USES IN ALL COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE CITY OF ORONO THE CITY OF ORONO DOES ORDAIN: SECTION 1. Authori . Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the City is authorized to establish interim ordinances to regulate, restrict, or prohibit any use or development in all or a part of the City while the City is considering adoption or amendments of the comprehensive plan or official zoning controls. The City declares that this ordinance is established pursuant to the aforementioned statute and City ordinance. SECTION 2. Findin�s and Purpose. The City of Orono is conducting a comprehensive revision of its zoning code. One of the major goals of the revision is to minimize land use conflicts near residential neighborhoods and to promote maintenance and reinvestment in commercial and industrial property. The City Council is concerned about the effects of adult uses in commercial and industrial districts near residential areas, parks, and schools. The City Council is concerned that adult uses may contribute to instability through increased nighttime noise and traffic. The City Council is concerned that adult uses are not a�service to the industrial and community level commercial districts. As a result of the important land use and zoning issues cited above,the City adopted an ordinance placing an interim moratorium on the granting of building permits, land subdivision, rezoning applications, conditional or special use permits, variances or other authority relating to adult uses in all commercial and industrial districts in the City of Orono. This moratorium is scheduled to expire on September 15, 1998. SECTION 3. Extension of Moratorium. Because the City has not completed its study and consideration of possible amendments to the comprehensive plan or official zoning controls to address the issues related to the establishment or expansion of adult uses,the moratorium relating to adult uses in all commercial and industrial districts in the City of Orono is hereby extended by 180 days. Page 1 of 2 � ..� j � SECTION 4. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on the 14th day of September, 1998,by a vote of 5 ayes and 0 nays. ATTEST: � �� �� Lin a S. Vee, City Clerk Gabriel bbour, Mayor Published in the Pioneer and Laker newspapers the week of October 3, 1998. Page 2 of 2 ORDINANCE NO. 178 , SECOND SERIES AN ORDINANCE TO AMEND THE MUNICIPAL ZONING CODE BY AMENDING THE DISTANCE REQUIREMENT TO INCLUDE ZONING LOTS WITHIN 250 FEET OF A B-3 ZONING DISTRICT The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.20, Subdivision 3 (I), Duplex Credit, is hereby amended to read as follows: One duplex may be located as a conditional use upon application therefore provided that public sanitary sewer service is available,and the lot is adjacent to a commercial or industrial district,or WITHIN(250)TWO HLTNDRED FIFTY FEET OF THE B- 3 DISTRICT,and the duplex is constructed within 200' (feet) of the commercial or industrial district. Section 2. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and become effective immediately upon publication. Adopted by the City Council of Orono,Minnesota on this 8th day of December, 1997 by a vote of 5 ayes and 0 nays. ATTEST: . , � Linda S. Vee, Deputy Clerk Gabriel abbour, Mayor � ORDINANCE NUMBER 1�9 ,SECOND SERIES AN ORDINANCE AMENDING THE MU1vICIPAL ZOI�iING CODE OF ORONO BY ADDING SECTION 10.03 SUBD.9F AND SECTION 10.20 SUBD.3Q REGULATING PLUMBING IN ACCESSORY BUILDINGS The City Council of the City of Orono ordains: Section 1. Municipal Zoning Code Section 10.03 Subd. 9 is hereby amended by adding Subd. 9(F)as follows: Subd. 9. Accessory Buildings. F.Plumbing. Because the provision of plumbing fixtures and wastewater plumbing . in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the City to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: 1. The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. 2. Installation of any combination of fixtures requiring wastewater plumbing that does not include a toilet, shower or bathtub shall be allowed in any accessory building that is confornung in location, size and height with, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures,and subject to the property owner executing a covenant providing that: a. Accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code. b. Accessory building will not be used as a dwelling unless a guest house CUP is obtained. c. Accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Page 1 of 3 3. Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height, which meets one of the following criteria: a. The accessory building has been approved for a'Guest House' conditional use permit; or b. The accessory building has been approved for a'Plumbing in Accessory Building'conditional use permit. Section 2. Municipal Zoning Code Section 10.20, Subd. 3 is hereby amended by adding Subd. 3(Q)as follows: Subd. 3. Conditional Uses. Q. Plumbing in Accessory Building. The provision of a toilet,bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: 1. The Council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. 2. The Council finds that the plumbing fixtures proposed aze in keeping with the intended use of the accessory building. 3. The property is 2.0 acres in azea or larger. 4. The accessory building is conforming in location, size and height. 5. The property owner agrees to the filing of a covenant in the title of the property providing that: a. the accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code. b. the accessory building will not be used as a dwelling unless a guest house CUP is obtained. c. the accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Page 2 of 3 , � . • - r. Section 3. Adoption and Publication. This ordinance shall become effective upon adoption and publication. Adopted by the City Council of Orono,Minnesota on this 12th day of October, 1998 by a vote of 5 ayes and 0 nays. ATTEST: � c��(/1•� ��-- � �/i�— Linda S. Vee, City Clerk Gabrie abbour,Mayor Page 3 of 3 ORDINANCE # 180 ,2ND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF CREDITS ALLOWING A 50% INCREASE IN DWELLING UNIT DENSITY IN THE LR-1C-1 DISTRICT The City Council of Orono does ordain: SECTION 1. Statement of Policv. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of residential properties so as not to unreasonably conflict with the current residential character of the City. The City is concerned that its current regulations in Section 10.26, Subd. 3 related to a credit allowing a 50%increase in dwelling unit density and the LR-1C-1 zoning district are not adequate to ensure this. The City Counci� determined that time was needed to conduct a study to determine whether new regulations are needed;and,if so,to develop and adopt new regulations. SECTION 2. Extension of Interim Moratorium. To allow time for the study defined in Section 1 the City Council imposed a 190 day moratorium pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of applications pursuant to Section 10.26, Subd. 3 in the LR-1C-1 District. The initial moratorium is set to expire on Tuesday,November 17, 1998. Because the City has not yet completed the study which may result in ordinance revisions, it is necessary to extend the moratorium to May 15, 1999. SECTION 3. Effective Date. This ordinance shall be effective upon publication. Adopted by the City Council of Orono on this 9th day of November, 1998,by a vote of 5 ayes and � nays. Gabriel bbour, Mayor ��_ ATTEST: �M �' ,� v�-� Linda S. Vee, City Clerk