01-10-2005 Council Packet - Laserfiche WebLink

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^04*3016 “Creeksidc in Orono” January 7,2005 Page 3 Tree Preservation. Existing trees within the Conservation Easement Areas will be preserved. Virtually all trees will be removed witltin the grading limits for road and utility construction (tliose areas inside the heavy dashed line on Sheet 3 of 6 of the Grading and Drainage Plans). Existing trees will generally be at risk and will probably ultimately be removed in the areas between the initial grading limits and the erosion control boundaiy (the heavy shaded line on Sheet 3 of 6). The applicant has agr eed to walk the site with staff prior to site grading to establish which, if any, trees within the grading area can be saved or transplanted. Boulevard trees will be planted every 40' along the private road as required by City Code. Also, additional tree plantings will occur within the westerly 50 feet of Lots 1 and 2 in an attempt to begin re-cstablisliment of the vegetated buffer in tliis area which apparently was thinned by the prior owner within the past year. Tliese proposed plantings consist of 8 Norway Maples and 21 Austri an Pines, spread along a distance of 375'. Both species reach a mature height of50-60' and a spread averaging 30' with a moderate grow th rate. Eventually, if all tlirive, these will provide an all-season screen between the new homes and the existing neighboring homes to the west. Staffhas indicated that the applicants must carefully follow the landscape plan general notes (upper left on Sheet 12 of 1 2), especially with regards to pruning and removal of dead wood and damaged branches within the Conservation Easement areas. Because this area will be owiied by a Homeowners Association, and because the Easement area contains substantial areas of wooded upland, it is in the best interests of the future owners and the City that the wooded Easement areas be provided with an initial ‘clean-up’ by tlic developer to reduce or delay the need for Homeowners Association expenditures for tree maintenance. Council should consider whether it maybe appropriate to have the Developer establish a fund or funding mechanism for maintenance of the Easement areas in the Outlot, similar to that for private road maintenance; and Council should consider whether additional requirements for removal of exotics (Buckthorn, etc.) or some type of long-term maintenance plan/strategy should be established for the easement area. Tree maintenance within the casement area is listed as an obligation of die homeowners Association in the covenants, but w'ith no standards listed. Conservation Easement. The area subject to the Conservation Easement includes all wetlands on the property, the creek, and a substantial area of upland. The Easement area is depicted and legally described in the Flow age and Conservation Easement document (Exhibit E-4). Applicant has used our standard F&C Easement language that primarily deals with wetlands, and has adapted it for this project. In addition to our standard limitations (which appear in Exhibit E-4 as items A, C, D, E, F and G) applicant has added a prohibition on domestic animals, an allowance for non-hardcover walking paths, and placement of permanent markers to denote the boundaries of the Easement area as required by the City approval. 'Ihe casement also allows the wood creek crossing bridge to remain on the property. Furtlier, the easement contains ‘hold-harmless’ language in favor ofthe City for any actions arising from the easement pro\ isions.