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' MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,Apri115,2013 <br /> 6:30 o'clock p.m. <br /> The group determined that the City needs to continue to have some setback from the buffer if the <br /> Watershed District's regulations do not provide for one. <br /> 3. Should Orono continue to require avoidance of future nonconformities even when the buffer <br /> . requirement is not triggered? <br /> The language of future nonconformities is talking about the idea that even though your project <br /> does not necessarily trigger a buffer,the code, as it exists today, does not allow someone to create <br /> some structure or encroachment in what might be a future buffer. In order to establish whether <br /> . there might be an encroachment,the City would need to determine where the wetland is,what <br /> kind of wetland it is,where the boundary of the wetland is, and what the setback from the buffer <br /> is. They would then need to determine whether or not what somebody is proposing is going to be <br /> a future encroachment. <br /> The group determined that the City should not continue to require avoidance of future <br /> nonconformities if the buffer requirement is not triggered. Gaffron indicated this becomes much <br /> less of an issue if the City is no longer applying buffer requirements for existing homes. <br /> 4. Should Orono continue to require creation of buffers when the wetland in question is entirely on <br /> an adjacent property? <br /> The group decided no for existing single family home situations and yes for new subdivisions; <br /> but realizing the City may have limited authority to require wetland delineations outside the <br /> subject property. There is also the potential that that wetland buffer that is created is only going <br /> to be on the property in question and there might be a gap between the wetland and the property <br /> line. <br /> 5. Should Orono continue to require buckthorn and other invasive species removal from buffers that <br /> are established pursuant to Orono code but not required under MCWD code? <br /> The group decided that,no, it is a losing battle when just the buffer area is required to have the <br /> invasive vegetation removed and not the rest of the property. If you have a two acre property and <br /> you have a tenth of an acre where you are going to remove the buckthorn, it is difficult to say <br /> there is a benefit in doing that. <br /> 6. Should Orono code be revised to be in complete conformity with MCWD Code? There are <br /> critical aspects of Orono code that are not in MCWD Rules, such as the 20' buffer setback <br /> requirement that the City may not want to give up. If Orono's code is revised to be in complete <br /> conformity with MCWD code, a punch list of requirements the City would no longer enforce <br /> includes: <br /> - wetland buffer establishment triggered by improvement projects at existing homes; <br /> - ability to require buffer setbacks except where an established documented buffer already <br /> exists; <br /> - avoidance of projects that could result in future nonconformities; <br /> � - buffer establishment triggered by wetlands on adjacent properties; <br /> - ability to require removal or management of invasive species in buffers except when <br /> associated with new development projects; <br /> Page 12 of 26 <br />