HomeMy WebLinkAboutRe: bldg permit application ,
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pO CITY of ORONO
Municipal Offices
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1� 1' ��4) Orono,MN 55356 Crystal Bay,MN 55323-0066
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November 16, 2011
Scott Miller
PO Box 247
Long Lake, MN 55356-0247
Re: 85 Old Crystal Bay Road S
Building Permit Application #2011-01360
The City is in receipt of your zoning permit application which was received by this office on
October 31, 2011. Our review of the submitted information with our city engineer resulted in a need for
additional information in order to complete our review/issuance of the permit.
The following items must be submitted in order to issue your permit:
• This project triggers the need to establish a 25' buffer in the areas noted on the attached plan.
Please refer to the enclosed memos from Smyth and Amundsen and submit the necessary •
information Which includes a Planting Plan/Seed Mix. Please submit a planting plan or a
detailed description of seed mix to be used in the wetland buffer area for approval by the City.
• Additionally, another Escrow & Escrow Agreement is required. Permits involving wetland buffer
establishment/improvement require review by the City's engineer Wetland Specialist and require
submittal of a Wetland Buffer Establishment escrow and an escrow agreement. The purpose of
the additional escrow is to guarantee reimbursement to the City for out-of-pocket costs incurred
during the review of your plans. More specifically, this escrow will guarantee conformance with
City Code Chapter 78, Article Xl. Wetland Protection (copy attached). The required escrow
amount for this project is $1,700. The escrow agreement is enclosed. The property owner must
sign the escrow agreement and submit an additional check for$1,700.
The above information is required in order for the plan review to continue. Please feel free to contact
me at 952.249.4620 or by email at cmattson ac ci.orono.mn.us if you have any questions.
Sincerely,
CITY OF ORONO
Ciuo
Christine Mattson
Planning Assistant
c Lyle Oman, Building Official
enclosures
Telephone (952)249-4600• Fax(952)249-4616
www.ci.orono.mn.us
November 16, 2011
85 Old Crystal Bay Road S
Page 2 of 6
ARTICLE XI.
WETLANDS PROTECTION
DIVISION 1.
GENERALLY
Sec. 78-1601. Purpose and intent.
(a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and
hydrologic functions of the city's wetlands by regulating the use of wetlands and their adjacent
properties in conjunction with the goals of the environmental protection plan within the community
management plan. These functions include, but are not limited to, sediment control, pollution
control, filtration, fish and wildlife habitat and aquifer recharge. The surface water management
plan will provide guidance for stormwater treatment requirements and wetland restoration
opportunities in order to protect the integrity of wetlands.
(b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a
reasonable use of the property. This section adopts the regulations and standards of the Wetland
Conservation Act of 1991 (WCA), Laws of Minnesota 1991, chapter 354, as amended, and the
rules adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay
district further regulates the underlying land use as allowed by other districts or the WCA.
(c) This article applies to, and wetland buffer areas must be created or existing buffer areas must be
maintained around, a protected wetland located partially within, wholly within, or directly adjacent
to the property in the following situations:
(1) When the wetland is required to be replaced or restored, or when the wetland is being
altered;
(2) When new development occurs. For purposes of this subsection, new development
means:
a. Any subdivision that creates a new lot that has no principal structure on it;
b. Construction of a principal structure on an existing vacant parcel of land;
(3) When redevelopment occurs that has the potential to adversely impact a wetland. For
purposes of this subsection redevelopment means the removal of the principal structure
to the extent of more than 50 percent of its market value and volume and reconstruction
on the same property. This requirement does not apply if construction is the result of less
than 75 percent of the building being damaged by an involuntary force, such as fire, wind,
or vandalism;
(4) When any construction or land alteration activity that does not fall within the meaning of
'redevelopment' has the potential to adversely impact a wetland.
For purposes of this section, "the potential to adversely impact a wetland" exists when all
of the following three conditions exist:
a. The portion of the property disturbed by construction or land alteration activity
drains to the wetland; and
b. The amount of grading exceeds 50 cubic yards or the construction activity
involves the disturbance of more than 5,000 square feet of area; and
c. The redevelopment activity results in a net increase in the square footage of
impervious surfaces that drain to the wetland, or results in the relocation of
impervious surfaces closer to the wetland, or results in changes to drainage
patterns (slopes, meander patterns, etc) that the city engineer determines will
increase the velocity or rate of runoff to the wetland.
For new development, all wetlands on the property shall be subject to the buffer
requirements. For redevelopment or other grading or construction situations that are not
new development, only the wetland that is potentially adversely impacted shall be subject
to the buffer requirement. In the event that the wetland is on an adjacent property but
near enough to the subject property so that buffers to said wetland would extend into the
subject property, the buffer requirements apply.
(Ord. No. 28 3rd series, § 1, 8-22-2005
November 16, 2011
85 Old Crystal Bay Road S
Page 3 of 6
DIVISION 2.
DESIGNATION OF PROTECTED WETLANDS
Sec.78-1602.Wetland types.
The wetlands protected and regulated by this section are types 1, 2, 3, 4, 5, 6, 7, and 8 wetlands, as
defined in circular 39, 'Wetlands of the United States", 1971 edition, United States Department of the
Interior, unless the wetland is within a shoreland district in which case the more restrictive rules regarding
setbacks would apply. Protected wetlands are further defined as follows:
(1) Type 1—Seasonally flooded basins or floodplains: Type 1 wetlands are seasonally flooded basins
or flats in which soil is covered with water or is waterlogged during variable seasonal periods but
usually is well-drained during much of the growing season. Type 1 wetlands are located in
depressions and in overflow bottom lands along water courses. Vegetation varies greatly
according to the season and duration of the flooding, and includes bottom land hardwoods, as
well as herbaceous plants.
(2) Type 2--Inland fresh meadow: Occurs along the shallow edges of lakes, marshes and floodplains,
or in perched depressions. The soil is usually without standing water during much of the growing
season, but is waterlogged within at least a few inches of the surface. Vegetation includes
grasses, sedges, rushes and various herbaceous plants.
(3) Type 3—Inland shallow fresh marsh: Soil is usually water logged during the growing season, often
covered with as much as six inches or more of water. Vegetation includes grasses, bulrushes,
cattails, arrowheads, smartweeds and other emergent aquatic vegetation.
(4) Type 4--Inland deep fresh marsh: Soil covered with six inches to three feet or more of water
during growing season. Vegetation includes cattails, reeds, bulrushes and wild rice. Open water
areas may contain pondweeds, naiads, coontail, water milfoils and other submergent aquatic
vegetation.
(5) Type 5—Inland open fresh water: Water is usually less than ten feet deep and is fringed by a
border of emergent vegetation. Vegetation includes pondweeds, naiads, coontail, water milfoils
and other submergent aquatic vegetation.
(6) Type 6--Shrub swamp: Occurs along sluggish streams or on floodplains. The soil is usually
waterlogged during the growing season, and is often covered with as much as six inches of
water. Vegetation includes alder, willow and dogwood.
(7) Type 7--Wooded swamp: Occurs along sluggish streams, on floodplains, on flat perched
depressions and in shallow lake basins. The soil is waterlogged to within a few inches of its
surface during the growing season and is often covered with as much as one foot of water.
Vegetation typical to this wetland includes tamarack, white cedar, black spruce, balsam fir, red
maple and black ash.
(8) Type 8--Bog: Occurs along sluggish streams, on flat perched depressions and shallow lake
basins. The soil is waterlogged and supports a spongy covering of mosses. Vegetation typical to
this wetland type includes sphagnum moss, heath shrubs and sedges. Minnesota bogs contain
leatherleaf, Labrador tea, cranberries and pitcher plants. Scattered stunted black spruce and
tamarack also are common features of bogs.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
November 16, 2011
85 Old Crystal Bay Road S
Page 4 of 6
Sec. 78-1603. Boundaries of the wetland overlay districts and designation of official city wetland map.
This section establishes wetland overlay districts. These districts are subject to additional requirements
beyond those required by the WCA. The boundaries of the wetland overlay districts are identified
graphically on the official city wetland map (CWM) which is hereby adopted by reference, a copy of which
shall be kept on file in the office of the city clerk and shall be available for public review during all normal
office hours. Wetlands in addition to those shown on the city wetland map may exist, and may be
identified by wetland delineations under WCA rules. If a specific wetland delineation has been done under
WCA rules, then the boundaries of the wetland overlay district for that location will be as shown in the
delineation. The city may require wetland delineations to determine compliance with WCA rules and to
determine administrative wetland boundaries; however, property owners may have wetland delineations
done for their properties on their own initiative. The delineation must be done by a qualified professional
according to WCA rules and be acceptable to the planning director, who may require review by city
consultants or a technical evaluation panel if necessary. Approved WCA wetland delineations must be
provided to the city in a hard copy format and a CAD or GIS format in Hennepin County coordinates. The
planning director will have the approved WCA wetland delineations shown on the official city wetland
map. Public waters are not included in the overlay district, unless a wetland is part of a public water.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1604. Interpretation of wetlands boundaries.
Whenever a wetland boundary is disputed or uncertain, the planning director may require the submission
of a registered survey of the property and field staking showing the city-designated wetland contour or a
delineation of the wetland, and such other information as the director may require in order to resolve the
dispute or uncertainty. The planning director may require review by city consultants or a technical
evaluation panel if necessary. No boundary change may be authorized on the basis of fill that was placed
on the site after the city designated the area as part of the wetland overlay district. Persons aggrieved by
a decision of the planning director may appeal such decision in accordance with the provisions of section
78-99 of this chapter and the WCA rules.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
DIVISION 3.
BUFFER AREAS
Sec. 78-1605.Wetland buffer areas.
(a) This subsection establishes requirements for wetland buffer areas around protected wetlands.
Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect
the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from
runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a
wetland environment while reducing the adverse impacts of human activities.
(b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the wetland
edge, and that occur in a natural condition or through restoration. Buffer areas consist of
shrubbery and trees, native grasses and/or forbs that are not mowed, fertilized or manicured in
any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not
allowed unless the city has issued a permit for such activity in conjunction with an approved
buffer management plan.
(1) Acceptable buffer areas shall have the following qualities:
a. A continuous dense layer of perennial grasses that have been uncultivated or
unbroken for at least ten consecutive years, or
b. An over story of trees and/or shrubs with at least 80 percent canopy closure that
have been uncultivated or unbroken for at least ten consecutive years, or
c. A mixture of the plant communities described in a. and b. above, which have
been uncultivated or unbroken for at least ten consecutive years.
November 16, 2011
85 Old Crystal Bay Road S
Page 5 of 6
(2) Unacceptable buffer areas have the following qualities, including but not limited to:
a. Undesirable plant species (including but not limited to reed canary grass,
common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or
b. Lacking a layer of organic thatch or duff, or
c. Topography which tends to channelize the flow of surface runoff, or
d. Is characteristically unlikely to retain nutrients and sediment.
(3) Buffer areas which have been broken or cultivated within the past ten consecutive years
must be restored to a condition consistent with an acceptable buffer area defined in
section 78-1605(b)(1), a restoration or landscape plan must be submitted to the planning
director, which restoration shall include, replanting and maintaining according to each of
the following guidelines:
a. Buffer areas shall be planted with a seed mix containing 100 percent perennial
native plant species, except for a one-time planting of an annual nurse or cover
crop such as oats or rye.
b. The seed mix to be used shall consist of at least 12 pounds pure live seed (PLS)
per acre of native prairie grass seed and five pounds PLS per acre of native
forbs. Native prairie grass and native forb mixes shall contain no fewer than four
and five species respectively.
c. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre.
d. Native shrubs and or trees may be used in addition to forbs and grasses. Shrubs
shall be distributed so as to provide a natural appearance and shall not be
planted in rows.
e. Native prairie grasses and forbs shall be planted by a qualified contractor.
f. No fertilizer shall be used in establishing new buffer zones, except on highly
disturbed sites when deemed necessary to establish acceptable buffer
vegetation and then limited to amounts indicated by an accredited soil testing
laboratory.
g. All seeded areas shall be mulched immediately with clean straw at a rate of one
and one-half tons per acre. Mulch shall be anchored with a disk or tackifier.
h. Buffer areas (both natural and created), shall be protected by silt fence during
construction and the fence shall remain in place until the area crop is
established, and at that time the fence shall be removed.
(c) Buffer area widths will be based on the wetland protection strategies established in the Orono
Surface Water Management Plan (SWMP) (December 2002). A protection classification has been
assigned to each wetland in Orono based on the stormwater susceptibility and functional
assessment for each wetland. The four protection classifications are described as follows:
Protection Susceptibility Rating Description
Classification
"Preserve" Highly Susceptible Highly susceptible to both quantity and quality impacts
from runoff; have the highest degree of protection
"Manage 1" Moderately Moderately susceptible to quantity and quality impacts;
Susceptible protection is less stringent than Preserve, provides
protection to maintain their characteristics
"Manage 2" Slightly Susceptible Less stringent protection than Manage 1 wetlands;
maintenance of characteristics is desirable
"Manage 3" Least Susceptible Wetlands are significantly degraded (e.g., cultivated or
canary grass monotype) or lack of wetland
characteristics; not typically impacted by runoff; no
quantity and only limited quality treatment of runoff is
required
The protection classification for each wetland will be found on the "Wetland Management Classification Map &
List" which is hereby adopted by reference, a copy of which shall be kept on file in the office of the city clerk and
shall be available for public review during all normal office hours. The following are the required buffer area widths
for each protection classification:
November 16, 2011
85 Old Crystal Bay Road S
Page 6 of 6
Protection Width of Buffer Area Additional Protection Requirements (B = Bounce =
Classification from Wetland Change in water level due to runoff event) (P =
Boundary Phosphorus)
"Preserve" 50 feet B: Maintain bounce at or below existing conditions P:
Limit loadings to predevelopment loading (0.14
Lbs./Ac/Yr)
"Manage 1" 35 feet B: Maintain bounce at or below existing conditions
plus 0.5 foot P: Limit loadings to predevelopment
loadings times 2 (0.28 Lbs/Ac/Yr)
"Manage 2" 25 feet B: Maintain bounce at or below existing conditions
plus 1.0 foot P: Limit concentration to predevelopment
concentrations (200 ppb)
"Manage 3" 16.5 feet B: No quantity requirement P: Limit concentration to
225 ppb
(d) In cases of new development or redevelopment the city shall require that vegetation in the
wetland buffer be installed prior to the issuance of the certificate of occupancy. The city may
waive this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost
to install the required buffer.
(e) The city may allow the disturbance of an existing buffer area during the course of construction
activity. This disturbance must be kept to a minimum, soils must be decompacted to a level that
will accommodate root growth, and the buffer area must be re-established as required by the city.
The city will determine the amount of allowable disturbance. The city may require a cash escrow
or letter of credit equal to 150 percent of the cost to re-establish the buffer to its original condition.
(f) The city may require buffer area planting and maintenance when the city determines that there is
inadequate vegetation in the buffer area to meet the intent of this section. The city may require a
cash escrow or letter of credit equal to 150 percent of the estimated cost of the vegetation and
installation. The escrow or letter of credit must be valid for up to two years and may be used by
the city to replace any vegetation that dies.
(g) The affected property owner or homeowner association that is responsible for the maintenance
must:
(1) Maintain and repair damage to buffer areas from such activities as mowing, cutting,
grading or other prohibited activities, unless mowing is approved by the city as a buffer
management plan. Permission must be obtained from the city before implementing buffer
management plans, which may include mowing, burning, and the use of herbicides.
(2) Maintain only the permitted vegetation in the buffer area and must remove all noxious
weeds and invasive, non-native species such as European buckthorn, upon obtaining a
vegetation removal permit from the city in conjunction with an approved buffer
management plan.
(3) Ensure that all soil surfaces in the buffer area are planted with the permitted vegetation
and that there is no open soil surface that may result in erosion.
(4) Ensure that livestock or other domesticated animals which have the potential to
permanently disturb the buffer area by compaction or vegetation removal be kept from
entering the buffer area and wetland by a fence or other suitable means.
(h) The final upslope edge of the buffer shall be provided to the city in a hard copy and in a CAD or
GIS format in Hennepin County coordinates.
(i) Golf course partial exemption. Public and private golf courses existing and in operation on the
date of adoption of this article shall be allowed a partial exemption from buffer creation and
maintenance requirements with regards to mowing or cutting buffer vegetation in areas subject to
golf play, subject to the following:
(1) At such time that this article requires establishment of a buffer, applicant shall submit a
certificate of survey identifying the location, size and type of the wetland for which buffer
exemption is requested.
(2) Applicant shall submit a buffer management plan for city council approval, identifying
those areas where exemption is requested and providing for alternative methods of
wetland protection equivalent to an unmowed buffer.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Memo
Stantec Bonestroo
To: Melanie Curtis From: John Smyth
File: 139-11000 Date: November 14, 2011
Reference: Wetland Code Review —85 Old Crystal Bay Road
We have reviewed the City of Orono Wetland Code Requirements for the proposed
driveway. The proposed driveway triggers the wetland buffer requirements of the City
Wetland Code. The wetland located adjacent to the area of disturbance is classified as
a Manage 2 wetland and will require a 25 foot buffer to protect the wetland. A
wetland buffer is required for the portion of the wetland adjacent to the proposed
driveway disturbance (see attachment).
It appears that as part of a Minnehaha Creek Watershed District approval of the house
construction, buffers were required around all of the wetlands. The landowner is
responsible to deal directly with the watershed to ensure they are in compliance with
their previous approval.
Buffer Vegetation Requirements
Most of the buffer is in a natural state (not mowed or turf) and the ordinance only
requires that it is preserved. It appears that a small portion of the buffer may contain
turf. The portion of the buffer that is turf will need to have the turf removed and be
restored to native vegetation. A written description of the proposed native seed mix to
be seeded and method of site preparation and seeding should be provided to the City
for review and approval. According to the ordinance Div. 3 Sec. 78-1605 (3) the seed
mix must contain at least 12 pounds (PLS) per acre of native prairie grass seed and 5
pounds (PLS) per acre of native wildflower seed. The grass mixture must contain a
minimum of four species while the wildflower mixture must contain a minimum of five
species.
Wetland Buffer Markers
At the time of construction staking for the grading of the proposed driveway the
upslope edge of the wetland buffer shown on the attached exhibit should be staked so
it is clear to the City and landowner where the buffer is located.
One Team.lnfinite Solutions.
jrs k:\139\139110000\communicationslwetland ordinance compliance185 old crystal bay road'nelanie_s^85 old crystal bay road memo.docx •
Recommendations
It is recommended that if the application is approved it includes the condition that the
applicant needs to meet the buffer vegetation requirement as discussed in this memo.
An escrow amount for $1,700 is recommended to cover the cost of buffer development
if not completed by the applicant and compliance checks.
STANTEC CONSULTING SERVICES INC.
2.311- 1513
85 tot ai‘ •
EAST LINE LOT 7 AUDITORS O � � s �/
SUB. No 230. \. Ct
PER TORRENS CASE#9342 `–�
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\ -g9° �O ,,` � , LEGAL DESCRIPTION OF PREMISES
. 4.�, __ " =40,,4i. c9
go : denotes iron marker found
-902- denotes existing contour line,mean sea level datum
,
j Vo2I : denotes proposed contour line
,.
f, Bearings shown are based on assumed datum.
' This survey shows the boundaries of the above described property
=, 3 and the location of an existing house,driveway and proposed driveway
—,, �y thereon. It does not purport to show any other improvements or
ss
:r encroachments.
S 89°27'05" E 457.14
li�__sh.ii';P`.it I CERTIFY THAT PLAN.SPECIFICATION,0
__�- -- - ____..------ - --- -__.- .!►"1R �Q� ■��QQQ� Q nccnr^IeTPC 'm� WASPREPAREDBYMEORUNUERMYDIRECI SJPER1
rI HEREBY, C E u I iTHAT THIS PLA:St(1NAI CATINFER
Stantec Consulting Services Inc.
2335 Highway 36 West
/ St. Paul MN 55113
/ Tel: (651)636-4600
Fax: (651)636-1311
Stantec 40 Bonestroo
November 15, 2011
Melanie Curtis
Planning and Zoning Coordinator
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Re: 85 Old Crystal Bay Road
File No. 000139-11000-2
File No. 2011-01360
Dear Melanie:
We have reviewed the plans for a proposed driveway expansion at 85 Old Crystal Bay Road. The plan was
received 11-4-11. We have the following comments with regards to engineering matters:
• This property shows a delineated wetland along the south side of the existing and proposed
driveway.
• The city wetland maps indicate that this is a Manage 2 wetland. The plan shows the required 25 foot
wide buffers area.
• It is our understanding that past permits generated the necessary buffers, easements, and
agreements for the wetland and the plan is acceptable from an engineering standpoint.
• This project will disturb more than 100 CY of material. Sediment and erosion control information
meeting the requirements of Orono's City Code 79-7(c)(2)must be submitted. The minimum $2000
sediment and erosion control financial security should be required of the owner for this permit.
If you have any questions, please call me at(651)604-4894 or send an email to
darren.amundsen(a stantec.com.
Sincerely,
Stantec
Darren Amundsen
cc: Chris Mattson
WETLAND BUFFER ESTABLISHMENT ESCROW AGREEMENT
Permit#2011-01360
AGREEMENT made this day of , 20_, by and between the CITY OF ORONO,
a Minnesota municipal corporation ("City") and Scott& Michelle Miller("Owners").
Recitals
1. A zoning permit application has been filed for a property located at 85 Old Crystal Bay Road
South the ("Subject Property"), legally described as Lot 9, Auditors Sub No. 230, Hennepin County, Minnesota.
2. The City has reviewed and approved this application.
3. The scope of the project which is the subject of building permit #2011-01360 triggers the
application of the City's wetland buffer requirement as established by City Zoning Code Article XI Wetlands
Protection will commence its review of the application and incur costs associated with said review only if the
Owner establishes an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit$1,700 with the City. All accrued interest, if any, shall be paid to the City to
reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee the establishment and
development of the required native wetland buffer and to reimburse the City for all out-of-pocket costs the City
has incurred (including planning, engineering or legal consultant review) or will incur in reviewing the plan. Eligible
expenses shall be consistent with expenses the Owners would be responsible for as part of the establishment of
the wetland buffer. The escrow will also guarantee reimbursement to the City for all out-of-pocket costs the City
has incurred associated with permit #2011-01360 if compliance with the wetland buffer establishment is not
accomplished.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners'
receipt of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment
to the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until the Owners pay all expenses
invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to
reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the
Owners when the review has been completed, the native wetland buffer established and written notification is
received from the Owners requesting the funds.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat. §§415.01 and 366.012.
CITY: CITY OF ORONO OWNER:
By:
Its:
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