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15-3707 February 19,2015 Page 3 Additionally, staff would recommend that any wall or planter box to be located less than 5 feet from a property line or less than 10 feet from the traveled roadway will require an administrative permit to ensure review of the drainage and other potential neighbor impacts, and to determine whether a CUP for grade changes within 5 feet of a lot line should be required as specified in Section 78-967(b). An additional concern of staff is that there is no established minimum setback from a lot line for an engineered retaining wall of significant height that could impact a neighbor's views. An example was on Graham Hill where a property owner in order to elevate his driveway to reach an upper story on a sloped lot, created a lengthy,high retaining wall near his side lot line. An option to consider is whether to establish that retaining walls if exceeding the height of an allowed fence in a given required yard, must meet the required accessory structure setback. Section 78-1405(8) limits the height of fences within required yards, i.e. to 6 feet in side and rear yards, 42 inches in front or side street yards. Because a fence exceeding the maximum allowed heights takes on the character of an accessory structure, it has been a requirement that fences exceeding those height limits must meet required accessory structure setbacks, which in all districts would be 10 feet from side lot line, 5 feet from rear lot lines. The same standard could be applied to retaining walls if Council so chooses. Staff has added this to the draft ordinance for consideration. Allowed Amount of Fill or Earth Movement. Zoning Code Section 966 functionally prohibits any amount of filling or earth movement without a CUP. Section 967 then provides an exception to the CUP requirement for earth movement of less than 500 cubic yards which"does not adversely impact existing drainage"; but this still requires a land alteration permit for such activity. If up to 10 cubic yards is going to be allowed to be placed for low walls or planter beds without a permit,then it follows that 10 cubic yards of fill should be allowed without a permit anywhere in Orono (except in the 0-75' zone). This is the equivalent of one standard dump truck load. In order to make this code change Section 967, we would have to publish and hold a public hearing, as this change was not anticipated nor published as part of the original "retaining wall as a non-encroachment"proposed amendment. Right-of-Way Encroachments. With regards to encroachments within road right-of-ways,this is to a great extent already addressed in Orono Code Chapter 18 - see Exhibit D. As defined in Section 18.1,the public road is considered by definition the public property between lateral lot lines, and when the street is not platted, includes 10' either side of the actual paved or traveled roadway surface. Section 18-2 requires a permit for placement of any obstructions within a street. Subsequent sections in Chapter 18 dealing with private improvements within the public roadway require approval of the public services director and that the owner obtain a permit. The use of an encroachment agreement or a `hold harmless agreement' has been commonly employed as a method of allowing encroachments within right-of-ways by placing limitations on the use and establishing that such improvements may have to be removed and are allowed at the owner's risk. The use and improvement of right-of-ways in the RS Recreational Seasonal District (Big Island) is addressed in much greater detail than in the general ordinances - see Ezhibit E.