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. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 () 0 6 A RESOLUTION ESTABLISHING POLICY REGARDING THE HARDCOVER STATUS OF PLASTIC AND FABRIC LA.t"\i11)SCAPING MATERIALS AND DEFINING THE DISTlliCTION BETWEEN STRUCTURAL AND NON-STRUCTURAL HARDCOVER \VHEREAS, the City of Orono since 1975 has regulated the use and placement of hardcover on land within 1000 feet of lake shorelines; and \VHEREAS, City Ordinances define hardcoYer as "Any structure, blach.'top, or other material which interferes to any degree with the direct absorption of rainfall into the ground"; and WHEREAS, the City Ordinances placing limitations on the use of hardcover divide the 1000-foot regulatory zone into four tiered "hardcover zones" \Vhich are commonly referred to as "the 0-75' zone", "the 75-250' zone", "the 250-500' zone'', and "the 500-1000' zone"; and said zones are respectively allowed 0% hardcover, 25% hardcover, 30% hardcover, and 35% hardcover; and \VHEREAS, .the City Council has long considered that plastic sheeting and weed contrui fabrics (hereinafter referred to as 'plastic or fabric') shall be considered as hardcover for the purpose of administering the hardcover ordinances, regardless of the extent to which such materials are actually permeable; and ,VHEREAS, the City has never issued permits for placement of plastic or fabric on private or public property, and all such material where it currently exists in excess of the allowed hardcover percentages on any given property, is considered as non-conforming: and · "'HEREAS, the City is continuously faced \\ith requests for variances to the hardcover ordinances wherein applicants are required to provide calculations identifying the various types and square footages of hardcover \Vi thin a property; and \VHEREAS, hardcover variance requests are commonly revie\ved by the City with the underlying intent that the percentage of hardcover be reduced from the pre-existing condition; and Page 1 of 3