ORDINANCE NO. 189, THIRD SERIES AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO SURVEYS AND SITE PLANS, WHEN THEY ARE REQUIRED, AND THE REVIEW PROCESS.
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Section 86-66 (b) shall be amended by adding and deleting text to read as follows:
Sec. 86-66. – Required.
(b) Zoning permit for land alteration. A land alteration and hardcover plan shall be submitted with the site plan or certified site plan survey or site plan and incorporated as part of the building permit approval, including the name of the individual performing the work. If no building permit is necessary, a separate zoning permit application for hardcover and/or land alteration shall be submitted by the individual performing the work prior to conducting any land alteration or hardcover installations on a property, including grading, patios and retaining walls. The zoning permit shall be reviewed and approved by the city prior to issuance.
SECTION 2. Section 86-68 shall be amended by adding and deleting text to read as follows:
Sec. 86-68. – Permit application; information required.
(a) The application for a construction permit or land alteration permit shall include such information as may be required by the city, which may vary between types of construction projects.
(b) Surveys required:
(1) Initial survey or site plan. Any building, zoning or general permit application for construction of a new structure, or expansion of an existing structure or land alteration shall be accompanied by a certificate of survey or site plan drawn to scale prepared by a person registered by the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, and Interior Design. A certificate of survey or site plan shall conform to the City of Orono Survey and Site Plan Requirements.
a. The certification of the plan by a licensed professional may be exempted by the city engineer if the project meets all of the following:
1. An existing survey accurately describes existing property conditions;
2. Proposed project exceeds the setback requirements by 150%;
3. Proposed project footprint does not exceed 200 square feet;
4. Evidence that the Average Lake Shore setback is met is provided, and
5. Information necessary to ensure the project conforms to city codes and ordinances, including hardcover, grading, and landscaping requirements is provided.
(b) Site Plans required: Any building, zoning or general permit application for construction of a new structure, or expansion of an existing structure shall be accompanied by either a Certified Site Plan, or a Site Plan.
(1) Certified Site plan. A certified site plan shall be required for all new principal buildings, building additions to principal buildings, and grading or filling activities requiring permits in Section 78-1286 of this code shall be accompanied by a certificate of survey or site plan drawn to scale prepared by a person registered by the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, and Interior Design, unless exempted by the City Engineer. A certified site plan shall conform to the requirements of the City.
(2) Site Plan. A site plan shall accompany all required permits for building, structure, and land disturbance activities. The site plan shall include information as required by the city, and must provide information necessary to ensure the project conforms to city codes and ordinances, including hardcover, grading, and landscaping requirements.
a. The City Administrator may require a certified site plan where the project scope, location, or potential impact warrant.
(c) Foundation survey required. A foundation survey shall be submitted to the city for review and approval, unless exempted by the building official, upon completion of the foundation work for all principal buildings and all additions to principal buildings. The foundation survey, prepared by a Minnesota Registered Land Surveyor, shall certify the lot dimensions; front, side, rear, lakeshore, and wetland setbacks; and foundation elevation. A foundation survey must be submitted before proceeding with framing or further construction. In lieu of a survey a letter prepared by a Minnesota Registered Land Surveyor containing the same information as a foundation survey may be submitted.
(d) As-built survey required. An as-built survey, prepared by a Minnesota Registered Land Surveyor, shall be submitted to the city for review and approval upon the completion of all principal buildings and all additions to principal buildings, unless exempted by the building official. The as-built survey shall certify the final topography of the site; verify drainage patterns; and provide hardcover calculations for lots in the Shoreland Overlay District. An as-built survey must be approved before the issuance of a certificate of occupancy. In the event that weather or other conditions prevent the completion of an as-built survey at the time the certificate of occupancy is requested, applicant shall provide a sufficient financial guarantee and establish an escrow agreement to ensure completion of the as-built survey.
SECTION 3. Section 78-143 shall be amended by adding and deleting text to read as follows:
Sec. 78-143. – Review process.
Site plan reviews for permitted or accessory structures shall be reviewed in accordance with the following:
(1) City council. The city council shall make a decision on site plans reviews to construct a principal building or enlarge the footprint of a principal building. Prior to council consideration the planning commission shall hold a public hearing and make a recommendation regarding the site plan review. Notice of the public hearing shall be governed by City Code section 78-915.
(2) Planning and zoning coordinator City Administrator. The City Administrator or designee planning and zoning coordinator shall make a decision on site plans reviews to construct a building or enlarge the footprint of a building, change the use of a building or parcel of land; to modify the interior or exterior of a building or site or land feature in any manner that results in a different site design or intensity of use, including the requirement for additional parking or to enlarge a building by less than ten percent of its gross floor area. The City Administrator or designee planning and zoning coordinator shall have the authority to refer an administrative site plan review to the city council for decision.
SECTION 4. Section 78-144 shall be amended by adding and deleting text to read as follows:
Sec. 78-144. – Application for site plan review.
An application for a site plan review shall be made to the city planning and zoning coordinator on a form provided by the city and shall include the name, address, and telephone number of the applicant, the name, address, and telephone number of the property owner, and the district in which the property is located. The application shall be also be accompanied by three copies of the following information, unless waived by the planning and zoning coordinator City Administrator:
(1) A current certificate of survey of the property. This survey shall be used as the base for all required plans.
(2) A detailed site plan depicting information as required on forms provided by the city the following:
a. Site dimensions.
b. Site conditions and existing development on the subject property and immediately adjacent properties.
c. Proposed use of all areas of the site.
d. Required and proposed setbacks.
e. Location, setback, and dimensions of all proposed buildings and structures.
f. Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question.
g. Location, number, dimensions and setbacks of proposed parking spaces, drive aisles, and loading areas.
h. All public streets, entrance and exit drives, and walkway locations.
i. Location, access, and screening detail of proposed trash enclosures.
j. Location of outdoor mechanical equipment and proposed screening.
(3) Landscaping plan.
(4) Tree preservation plan, including the location, type, and size of all existing trees six inches or more in diameter to be removed or preserved.
(5) Grading and erosion control plan prepared and signed by a Minnesota licensed engineer.
(6) Utility plans.
(7) Application fee and escrow.
(8) Any other information as may be required by the city, including but not limited to:
a. Architectural elevations of all principal and accessory buildings (including type, color, and materials used on all exterior surfaces).
b. Typical floor plan and typical room plan drawn to scale with a summary of square footage for each use or activity.
c. Fire protection plan.
d. Type, location and size (area and height) of all signs to be erected upon the property in question.
e. Lighting plan.
SECTION 5. Section 78-1405 (a) (9) j shall be amended by adding and deleting text to read as follows:
A building permit is required for installation. A survey must be submitted depicting where the monuments will be placed, and the property corners pins must be located for inspection purposes.
SECTION 6. Section 78-626 shall be amended by adding and deleting text to read as follows:
Sec. 78-626. – Development standards.
Off-street parking shall be provided for at least two vehicles for each single-family dwelling. A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a survey or site plan or certified site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage.
SECTION 7. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication.
ADOPTED this 10th day of April, 2017 on a vote of 5 ayes and 0 nays by the City Council of Orono, Minnesota.
April 15, 2017