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CITY OF ORONO MEMORANDUM <br /> -sz,01`TO DATE: October 12,2020 <br /> TO: Mayor Walsh, City Council <br /> y ; Dustin Rief, City Administrator <br /> F <br /> likfsHov-t FROM: Jeremy Barnhart,AICP,Community Development Director <br /> RE: Density discussion <br /> The City Council requested information regarding the origins of the 18 percent rule as it applies to <br /> the existing and proposed definitions of"dry buildable". <br /> Dry Buildable is used in the development of lots as part of a subdivision and is intended to remove <br /> lands that are either not buildable due to protected status(water,wetlands,bluffs)or their <br /> characteristics make development of home or septic sites not appropriate without major grading that <br /> is likely to change the nature of the development. There is a minimum of 0.5 acres of contiguous <br /> dry-buildable for sewered lots, and 2 contiguous acres for non sewered lots. <br /> Dry buildable has been referenced in ordinances since at least 1976, but not defined until May, <br /> 2018 (Ord 206 3rd series)as part of a general clean-up of ordinance definitions. Historically, dry <br /> buildable had only been applied to subdivisions, in the creation of lots. <br /> Steep slopes were identified as those 12%or greater when the city adopted the DNRs Shoreland <br /> regulations in February, 1992. Those same regulations identify toe and top of slope,referencing an <br /> 18%grade below or above a bluff. <br /> In researching this question,the 18%designation of steep slopes,staff reviewed the state rules and <br /> statutes regarding septic systems and Shoreland rules,and the city code regarding floodplain, <br /> Shoreland management, and septic rules. Staff could find no reference in those sources specifically <br /> referencing 18%,the only place it is mentioned is in the definition of toe and top of bluff. <br /> Given there is no state definition of dry-buildable,the City Council may establish their own <br /> definition of dry buildable to include or exclude any slope desired. The slope definition could also <br /> be removed. <br /> Dry Buildable(Zoning Code)Dry buildable means that portion of the lot not encumbered by <br /> the waters of a duly recorded lake or river, wetlands, bluffs, or slopes greater than 18 <br /> percent. <br /> Dry buildable land(Subdivision Code)means land area occurring within the property lines <br /> of a parcel or lot, excluding drainageways, flowage areas, floodplains, wetlands,marshland <br /> or slopes of 18 percent or greater. <br />