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MCWD Board of Managers <br /> January 14, 2010 <br /> Page 2 <br /> immediate graject. 7'his is curren�ly part of the Ciiy's reguiations. It ensures there will <br /> be room for the buffer in the fizture. <br /> 3. Proposed Rule: Buildings can be constructed up�o the edge of the h�er. <br /> Gamment: There should be a setback fram the baffer for buildings. 4r�ano's weiland <br /> regu3atians require a 24 foot building setback from the buffer. This provision was based <br /> on the City's experience with properties where houses were construct�d up to the edge of <br /> the huffer. The praperty owners complained about the lack of a usable yard or nat being <br /> able to walk acound their house because of Che unmQwed buffer. The setback is intended <br /> to reduce the propensity of yards to gradually eneraach an the huffer and ta provide for <br /> acc:ess lo all sides�f buildings. (T'}�e requirement fvr niarkers at the edge of tl�e�uffer is <br /> one t}wt we intend to add to our regulations.) <br /> 4. Proposed RuXc:A project that dislurbs more than S,Q00 squure feet of land'ar incli�des <br /> the excavation of more than SO cubic yards wautd trigger the bu,�J'er requirement. <br /> Comment: To be reasonable there shouid be some connection between the buffer ' <br /> improvement requirement and the Uriggering event. Simply excavating ar disturbing land <br /> may not have a permanent impact on a wetland. The following ctiteria(fram the City's <br /> regulations)stsould be added: t-'Ihe portion of fhe property being disturUed must drain <br /> to the wetland.2-There must be a net increase in the square foata�e af impervious <br /> surface that drains to the wetiand or results ir►the relacation af impervious surfaees closer <br /> to the wedAnd,or results in cha,uges to drainage patterns that the District's Engineer <br /> determines witl increase the ve(ocity ar rate of runoffto ttte wetland. : <br /> 5. Propnsed Rule:Prapnsed bu,,/�'er widths are x�ider than required by 1he City b�tt bu,f,�'er <br /> averaging is altoriJed <br /> Comment; The addition of erosion co.ntrol permits as a trigger far buffer improvement <br /> will result in the regulations being applied ta develaped pmperties. Implement't�g a <br /> wetland bu�'er requiremenc on a developed property where the location of existing <br /> structures,impmvernents,and property lines must be taken into consid�ratian is much <br /> mace difficult than for a new development. City regulations allow btt.t�er averaging as � <br /> well as redirecting drainage to an area where a buffer is feasibie, use of rain gardeus,at�d ; <br /> ather methods to achieve results et�uivalent to a standard buffer. Other options besides <br /> buffer averaging shau(d be atlawed to avoid creating severe hardshigs for property <br /> owners. <br /> 6. Propased Rule: The rules prapose an en,forcement process simrlar to those required when <br /> a w,etland is frtled and mitigatect <br /> Comment:This pracess would seem to be excessive far individual Iots. We call�eet an <br /> escrow to guarantee instaltation and establishment af buffers. Staffperforms campliance <br /> checks. Rather than lostng a growing season while we nern.ind the pmpecty owner abaut <br /> the inspection report,our staff can make the inspection and quick[y issue any necessary <br /> �, <br />