04-15-2013 Planning Commission Packet

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Wetland Ordinance Review Wetland Ordinance Review March 26,2013 Page 7 4. Should Orono continue to require creation of buffers when the wetland in question is entirely on an adjacent 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? 6. Should Orono code be revised to be in complete conformity with MCWD Code? There are critical aspects of Orono code that are not in MCWD Rules - such as the 20' buffer setback requirement - that we may not want to give up. If Orono code is revised to be in complete conformity with MCWD code, a punch list of requirements the City would no longer enforce includes: - wetland buffer establishment triggered by improvement projects at existing homes - ability to require buffer setbacks except where an established documented buffer already exists - avoidance of projects that could result in future nonconformities - buffer establishment triggered by wetlands on adjacent properties - ability to require removal or management of invasive species in buffers except when associated with new development projects 7. Staff has no expectation that MCWD would be willing to enforce Orono code requirements that are more restrictive or different than MCWD Rules. If Orono chose to have its ordinances exactly match MCWD codes, it would seem pointless to continue having shared jurisdiction over identical regulations. Would Orono give up all wetland management authority to MCWD? Or would MCWD give up all wetland management authority to the City, including its status as LGU for WCA regulations? Is one of these two options better than the other? There certainly are cost and staffing issues if the City was to take over complete wetland jurisdiction. If MCWD was to take over completely, we would have to wark out procedural details for City building permit issuance, but that is a manageable task. 8. Is the City satisfied that MCWD has the capacity to enforce their codes in a timely manner acceptable to Orono? Are there certain risks in Orono giving up complete local wetland control to another agency? Preliminary Staff Recommendations Based on the information provided in this memo, staff believes there are a number of potential revisions to the Orono wetland regulations that would make them more `resident friendly'. At the same time, those possible revisions have the potential to result in a reduced level of long- term wetland protection in the City. Finding an acceptable balance point is criticaL The City's goal should be that we have a wetland ordinance that the Council finds to be acceptable and is willing to support. Planning Commission and Council discussion of the eight questions posed above will hopefully provide a framework for staff to draft appropriate ordinance revisions.