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TO;Walter R. Benson, Planning Commission & Council <br />FROM;Alan P, Olson <br />DATE;Marcli 3, 1981 <br />SUBJECT; Ordinance Revisions <br />Land Alteration Projects <br />Existing Regulations <br />Section 31.700 (Ord 167 in 1974) prohibits excavation, grading, <br />filling or dredging of rock, sand, gravel, dirt or similar <br />material within the City of Orono without a Conditional Use <br />Permit issued by the City Council. <br />Section 31.705 provides an exception for normal and customary <br />grading in the area of an existing or newly constructed building, <br />or for a driveway serving said building, provided the building <br />inspector approves same at the time a permit is issued. <br />Issues <br />1. <br />2. <br />3. <br />4. <br />31.700 may be overly restrictive in that it applies to all <br />lands in the City and to any amount of work however minor. <br />Lakeshore and wetlands still need special orotection. <br />Controls are required to ensure no adverse effect on neigh­ <br />boring properties. <br />Those projects not affecting lakeshore, wetlands or neighbors <br />could proceed with less hassel or delay if staff could approve <br />the permits, or in the case of very minor work, if permits <br />were not required. <br />Suggested Ordinance Content <br />1. <br />2. <br />3. <br />4. <br />Prohibit grading, excavation, filling or dredging on the <br />bed of public waters or within designated wetlands. Any <br />such work would first require a variance. (example; loss <br />of navigability to an existing riparian lot may justify <br />dredging). Exclude dredging by government agencies in <br />designated lake channels. <br />Allow by Conditional Use Pemit grading, excavation, filling, <br />dredging, seawalls or retaining walls within 75 feet of any <br />lakeshore or within 26 feet of any designated wetlands; or <br />any grading, excavation or filling which in the interpretation <br />of the City Engineer may affect drainage from or onto neigh­ <br />boring properties. Exclude rip ranoing from Conditional <br />Use Permit requirements. <br />Allow by Permit approvable by staff;grading, excavation <br />or filling elsewhere in the City, including normal rip <br />rapping and building construction grading. <br />Allow by Blanket Permit (no application required) minor <br />grading or landscaping done by hand anywherejor if by machine, <br />if less than (20) cubic yards and not within 75 feet of the <br />shoreline or 26 feet of anv wetland.