04-15-2013 Planning Commission Packet

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/ � Date Application Received: NA Date Application Considered as Complete: NA 60-Day Review Period Expires: NA To: Planning Commission Jessica Loftus, City Administrator � From: Mike Gaffron, Asst. City Administrator Date: April 1 l, 2013 Subject: #13-3601 City of Orono - Wetland Ordinance Amendment - Zoning Code Sections 78-1601 thru 78-1614 - Public Hearing --------------------------------------------------------------------------------------------------------------------- Pertinent Zoning Code Sections: - Orono Zoning Code, Ch. 78, Article XI, Divisions 1 thru 5: Sections 78-1601 thru 78-1614 List of Exhibits A - Memo and Exhibits from April 3 Joint Work Session Planning Commission and City Council at their joint work session on April 3 discussed the potential for revisions to Orono's wetland ordinances. The attached memo and exhibits from the work session provide substantial background information, and a number of specific questions were asked to assist in determining a direction to proceed in making ordinance revisions. The responses to those questions are generally summarized as follows: l. Should Orono continue to require that wetland buffers be established for an existing developed homesite when a project other than a `complete home rebuild accompanied by hardcover increase' is proposed? No - revise the buffer triggers to be in line with those of MCWD. 2. Should Orono change its buffer width standards to match those of MCWD? Yes If so, should Orono adopt the MCWD standards for buffer modification [MCWD Wetland Protection Rule 6 (b thru �], or continue to require a buffer setback? We should accept their standards for modification of buffer widths, but ensure we continue to have some setback from the buffer if MCWD regulations don't provide for one. 3. Should Orono continue to require avoidance of future nonconformities even when the buffer requirement is not triggered? No; and this becomes much less of an issue if we aren't applying buffer requirements for existing homes. 4. Should Orono continue to require creation of buffers when the wetland in question is entirely on an adjacent property?No,for existing single family home situations;yes,for new subdivisions; but realizing we may have limited authority to require wetland delineations outside the subject property... 5. Should Orono continue to require buckthorn and other invasive species removal from buffers that are established pursuant to Orono code but not required under MCWD code? No; it's a losing battle anyway when just the buffer area is required to have invasives removed and not the rest of the property.