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s <br /> * �J � <br /> To: City Council <br /> From: Evelyn Turner, City Planner <br /> Date: February 24, 2009 <br /> Subject: Erosion Control Ordinance <br /> Update and Request for Direction <br /> Back�round <br /> As part of its 2002 Surface Water Management Plan the City is required to adopt erosion control <br /> regulations for projects that disturb more than one acre. Council reviewed the first draft of these <br /> regulations in June, 2008 and tabled it with direction that the threshold for requiring a permit <br /> should be less than one acre of land disturbance because the small sites are often problematic. <br /> Staff did not simply eliminate this provision because of a concern the requirements would be too <br /> onerous for small projects. Greg Halvorson of Bonestroo has prepared a second draft with would <br /> require only a grading plan with BMP's (erosion control measures) for smaller projects. The <br /> performance escrow would also be waived for these projects but would be covered by current <br /> construction escrow. <br /> As City Staff reviewed the revised regulations we realized that an important piece was missing— <br /> a provision making erosion off a property illegal and a provision prohibiting the placement of <br /> foreign material in a street. Most communities already have such regulations. All Orono has are <br /> provisions prohibiting fires on streets and painting of streets and requiring a permit for an <br /> obstruction in a roadway or for placing snow from private property on a roadway. <br /> Proposed Scheme <br /> 1. Adopt regulations that would spell out clearly that is illegal to: <br /> a. place foreign material in a street or allow such material to erode into a street; <br /> b. place foreign material in a wetland or allow such materials to erode into a wetland, <br /> creek or drainage easement; <br /> c. place foreign material in a park or on other public property or allow such materials to <br /> erode into a park or other public property, or public water; or <br /> d. allow soil, rock, mulch, etc to erode into adjacent property. <br /> 2. Adopt regulations that require steps be taken to control erosion in conjunction with land <br /> disturbing activities and provide enforcement mechanism. <br />