08-22-2005 Council Packet - Laserfiche WebLink

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m- - i ^ H L r ■ K _ Wetland Ordinance August 9,2005 Page! Ongoing Reviews/Revisions. On September 9, 2004 Council and staff met with Jolm Smyth, wetland specialist with Bonestroo and Associates, to discuss the various elements of the draft wetland ordinance. At that work session Council directed that staff: • review and reconsider the triggers for when wetland buffers will be required - consider the pro's and con's of the City becoming I.ocal Govermnent Unit (LGU) for administering tiie Wetland Conservation Act (WCA) “ meet with MCWD staff to determine what potential issues may arise from the City taking over as LGU On October 7,2004 City staff met with MCWD staff and discussed a variety of wetland topics including the level of review and permitting authority MCWD might retain with regards to buffers, and MCWD's expectation in terms of oversight, once Orono becomes LGU. We also discussed the topic of buffer triggers. In general, as long as Orono’s pertinent ordinances were found acceptable to tlie MCWD, they would hand over WCA and other wetland review and permitting authority to Orono. At woric sessions on October 7 and 21, Council reviewed the draft ordinance and in particular discussed the topic of buffers and when they would be required. A primary conclusion was that language stating that “a buffer may be required” when “a variance, CUP or site plan review has the potential to have indirect adverse impacts to the wetland ”, was too subjective and should be eliminated, and that objective criteria should be added for defining more specifically when an activity has 'the potential to adversely impact a wetland.” Council als~ asked staff to specifically look into a few critical areas: 1) how we will treat golf course ponds; 2) how will we define setbacks from a wetland that doesn’t have an established buffer, where the owner may be doing something that doesn’t trigger a buffer, or where the wetland that is impacted is on the property next door; and 3) how to treat lake-perimeter wetlands. Revised language addressing the Council’s directives was presented by staff at a Council work session on November 18,2004. Council also reviewed airphoto depictions of how various familiar properties with wetlands would be impacted by the revised buffer triggers and buffer requirements. On February 28,2005 the moratorium was extended to August 23,2005 in order to allow time for further review and refinement of the draft ordinance. Revisions June-August 2005. A revised diaft was prepared in June 2005 and this was reviewed by the Council at a number of work sessions during June and July. These discussions resulted in additional changes including: - Revising the 'Golf Course Partial Buffer Exemption’ to be offered at the tinie a buffer would be triggered rather than requiring golf courses to apply within one year of adoption of the ordinance - See Page 8