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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> • Monday,May 16,2005 <br /> 6:00 o'clock p.m. <br /> (#05-3098 City of Orono,Zoning Code Amendment,Continued) <br /> 2. In cases where invasive species removals are expected to result in intensive vegetation clearing, <br /> the property owner shall submit with the permit application a vegetation restoration plan,which shall <br /> require approval of the Planning Director. <br /> d. Violations: Restoration Required. In the event that trees or vegetation are removed, cut, <br /> pruned or trimmed in violation of the above provisions,within 30 days of such violation the property <br /> owner shall provide to the city for City Council review and approval a restoration plan providing for the <br /> re-establishment of vegetation on the site. The property owner shall,within a timeframe determined by <br /> the City Council,re-establish vegetation on the property per the provisions of the approved restoration <br /> plan. Suitable restoration measures to be incorporated into a restoration plan must include,but are not <br /> limited to,the following: <br /> 1. Planting of up to three(3)replacement trees of a species and size approved by <br /> the City, for each tree illegally removed. Native species will generally be required. Determinations of <br /> suitability of proposed replacement trees will take into account compatibility with surrounding vegetation, <br /> appropriate caliper(2"min.) for greatest expectation of survivability while ensuring the earliest <br /> restoration of canopy. <br /> 2. Planting of replacement understory, shrubbery and groundcovers in a manner that <br /> will return the property to its condition prior to the violation in the shortest reasonable time period,and <br /> when appropriate, enhance the erosion control capability from the pre-existing condition. <br /> 3. Establishment of a Restoration Agreement to be filed in the chain of title of the <br /> property, and which contains provisions for financial security to ensure the plan is executed, and <br /> provisions for maintenance of new trees until they reach the size or diameter at which they are protected <br /> under city ordinances." <br /> Gaffron stated the existing language specifically does not allow the removal of any trees that are six <br /> inches in diameter or greater within 75 feet of the lake without obtaining a permit from the City and <br /> requires that at least the equivalent number of replacement trees of a size and nature found acceptable to <br /> the staff are planted at the same setback from the shoreline as those removed. Gaffron indicated the <br /> existing language also requires an inspection prior to the removal of any dead trees within 75 feet of the <br /> shoreline and allows limited clearing of shrubs and trees less than six inches in diameter and cutting, <br /> pruning and trimming of trees of any size to provide a view to the water from the principal dwelling site <br /> and to accommodate the placement of permitted stairways and landings,picnic areas, access paths,beach <br /> and watercraft access areas,etc. <br /> Rahn opened the public hearing. <br /> John Whitman, 1570 Sixth Avenue North, stated their property contains a secondary septic site within the <br /> affected area and also a culvert that crosses the back portion of their property. Whitman stated they <br /> would like to be insured that their access to the back portion of their property remains following passage <br /> of this amendment. Whitman indicated they have incurred some expense in having the second septic site <br /> identified and having the culvert installed,both of which have been approved by the city in the past. <br /> PAGE 2 <br />