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Wetland Ordinance Review <br /> March 26,2013 <br /> Page 4 <br /> There are a number of other specific differences between Orono code and MCWD code that are <br /> noteworthy: <br /> < MCWD's buffer width standards are slightly greater than Orono's, but MCWD has a <br /> somewhat complex formula and provisions for modifying those widths for various <br /> situations. <br /> < MCWD does not require a building setback from the edge of buffer; Orono requires a 20' <br /> setback to ensure that buffers do not make yard areas unusable. <br /> < In situations where a wetland and buffer exist which are subject to an existing Buffer <br /> Declaration or Restrictive Covenant, MCWD will not require an updated delineation for <br /> exempt properties (i.e. existing single family homes) that are proposing new work, <br /> regardless whether visual or other evidence suggests that the wetland has expanded beyond <br /> the boundaries documented in the Declaration or Covenant. Orono codes are not specific <br /> on this topic, but do suggest that whenever a wetland boundary is in question, an analysis <br /> should be completed, involving consultant review and/or Technical Evaluation Panel (TEP) <br /> review as necessary (Section 78-1604). <br /> < When a buffer is required to be established, Orono code will accept existing vegetation, <br /> except that if the buffer area has been broken ar cultivated (mowed) within the past 10 <br /> years, the buffer vegetation must be brought into conformance with the characteristics of an <br /> `Acceptable Buffer'; i.e. manicured lawn must be planted with acceptable vegetation, you <br /> can't just stop mowing it. MCWD code does not have this 10-year provision; if the area is <br /> currently vegetated, it can remain as-is, but can't be mowed thereafter. Both Orono and <br /> MCWD will require that portions of buffer area that are unvegetated or will be disturbed <br /> during construction must be revegetated. In the event that an upgrade to the existing buffer <br /> is required, both Orono and MCWD codes require a planting plan, a maintenance plan that <br /> may include removal of invasive species and other appropriate conditions, and financial <br /> security to ensure the buffer is suitably established. <br /> < MCWD code requires documentation of buffers via a declaration or other recordable <br /> instrument. Orono code states that `the City Council may require' establishment of <br /> wetland and buffer area easements or covenants; or if not required by Council the City may <br /> record a `notice of the wetland and buffer area requirements'. The goal of such <br /> documentation is to ensure that current and future owners comply with and are aware of the <br /> required mitigation and long-term maintenance measures. The City Attorney has indicated <br /> that requiring such easements as a condition of approval for projects on individual <br /> properties that aren't part of a concurrent subdivision process, may lack statutory authority. <br /> Shared Jurisdiction Concerns <br /> As noted in Attachment E, the City Council in 1994 formally delegated administration of WCA <br /> rules in Orono to the MCWD (making MCWD the LGU), reserving the option to designate the <br /> City as LGU at some future date. Since that time, both Orono and MCWD have amended and <br /> strengthened their respective wetland ordinances to include provisions over and above those of <br /> W CA. <br />