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f j <br /> r <br /> Wetlands Ordinance Review <br /> May 13.2013 <br /> Page 3 <br /> - 78-1608(1) is revised to eliminate references to buffers. <br /> - Existing 78-1608(2) is deleted, as setbacks will now be just applicable to wetlands, not to <br /> buffers. , - . _ <br /> - New 78-1608(2) establishes that wetland buffer protection will be under MCWD <br /> jurisdiction. . � <br /> - 78-1608(3) is revised by addressing existing buffers in (a), and by deleting (c) and (d) <br /> which pertain to avoidance of future nonconformities and buffer flexibility. MCWD rules <br /> cover buffer flexibility; the avoidance of future nonconformities was something Council <br /> and PC wanted to do away with, and MCWD rules do not require it. <br /> - 78-1609, 78-1610 and 78-1611 are each slightly revised to eliminate references to buffers <br /> or to address existing buffers. <br /> - 78-1612 regarding wetland buffer markers is deleted, as this would now be subject to <br /> MCWD requirements regarding buffer monumentation. � <br /> - 78-1613 and 78-1614 remain as-is. <br /> The proposed revisions to the wetland ordinance functionally transfer the authority for requiring <br /> wetland buffers in Orono to the MCWD. In comparing the MCWD regulations with Orono <br /> planning documents, staff believes that this code revision is neither in conflict with the <br /> provisions of the 2011 Orono Surface Water Management Plan nor the provisions of the 2008- <br /> 2030 Community Management Plan. <br /> The MCWD buffer rules will not apply to existing single-family residential properties, which <br /> should eliminate the primary issues the City has encountered in enforcing the current ordinance. <br /> The ability to conduct a relatively inexpensive and less time-consuming Level 1 wetland <br /> delineation in specified situations will make administration of the wetland setback ordinance <br /> more efficient. <br /> Staff Recommendation <br /> This item was published for a public hearing, so if any members of the public wish to comment, <br /> � please accept their comments. Planning Commission should review the proposed ordinance <br /> • revisions, advise staff of any issues, and if the ordinance is determined to be acceptable, forward <br /> to the City Council with a recommendation. � <br />