05-20-2013 Planning Commission Packet

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1 1 Wetland Ordinance Revisions April 26,2013 Page 2 Based on the work session responses noted above, and based on a second meeting between staff and MCWD representatives on 4-25-13, staff is proceeding to draft revisions to eliminate buffer requirements within our code and defer buffer establishment and regulation to MCWD. In a perfect regulatory world (from the standpoint of the property owner or developer) there would not be multiple jurisdictions to deal with. We acknowledge that MCWD codes in some respects are a compromise to satisfy the expectations of a wide variety of cities, and are not as strict as Orono's codes. However, Orono seems ready to accept MCWD's regulations with ' regard to buffers, but wishes to enforce certain setback requirements that are not built into the MCWD codes. As to the possibility of eliminating the sharing of jurisdiction, it appears that Orono may not be ready to hand over complete wetland authority to MCWD, yet is not prepared to fully assume wetland authority including becoming the LGU for WCA. Orono would have to add staffing and incur consultant costs to take over as LGU; and there is apparent sentiment that because MCWD taxes our residents heavily, we should get something in return. Wetland Setbacks vs.Buffer Setbacks Orono had a 26' wetland setback requirement for 30 years, then in place of it in 2005 adopted a buffer requirement based on the Functional Assessment of Wetlands which established four Wetland Management Classifications: "Preserve" and "Manage 1, 2 or 3" with buffer requirements ranging from 50 feet to 16.5 feet (the MCWD buffer requirements for these same classifications range from 75 feet to 25 feet). We then established an additiona120' setback from the buffer for buildings (but the buffer setback does not apply to structures that are not buildings). The buffer setback�ensures that where a buffer exists, there remains some mowable yard area between the building and the non-mowable buffer area. MCWD codes do not have this buffer setback provision. At the joint work session support was expressed to maintain some level of setback from wetlands as well as a mowable yard area between houses and buffers. If a project doesn't trigger a buffer under MCWD codes, Orono will want to at a minimum have some setback requirement for buildings, and perhaps for structures that are not buildings, from the edge of the actual wetland. Staff can point to any number of existing situations and site layouts in Orono where, absent a City-imposed wetland setback, and where MCWD buffers are not triggered, property owners would be allowed to build right up to the edge of a wetland_ MCWD Buffer Applicability. We currently require a buffer and buffer setback for all projects that trigger a buffer, whicli under Orono code is almost � constxuction or grading activity � (>SOcy or S,OOOsf, when there is a net increase in hardcover). This is much more restrictive than MCWD which only applies the buffer requirement to new development. MCWD doesn't apply buffer requirements to existing single-family home additions, accessory buildings or other projects, except when such home is undergoing a complete teardown-rebuild accompanied by an overall net hardcover increase. � Orono would be going backwards if we were to apply buffer and buffer setback only to new development, unless we re-establish a wetland setback for all structures (including additions and accessory buildings) at least equivalent to the former 26' setback.