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MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,February 23,2015 7:00 o'clock p.m. 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTLTRE SETBACKS—ORDINANCE NO. 139 (continued) 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 intent of the current code revision was to merely reiterate that it is not acceptable to have retaining walls directly abutting the road right-of-way without City approval. Staff would suggest that the proposed wording be revised to include a clarification that walls cannot be within a platted or dedicated road right-of-way, and when the platted right-of-way is extremely narrow or is neither platted nor dedicated,walls may not be placed within ten feet of the traveled roadway. Gaffron stated if there is a need to define retaining wall,it would be to distinguish a retaining wall from other types of walls. A planter box functions to retain the earth inside it, so it functionally is a retaining wall and should be regulated as such. A wall that is open on both sides likely functions as a fence and should be regulated as a fence. A wall or fence greater than six feet in height that is open on both sides needs to meet principal structure setbacks. Gaffron stated Section 1 of the draft ordinance pmposes the following: a. Retaining walls may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten f�t from the edge of the traveled roadway. 2. The structure is not located within a drainage,utility, or other easement,except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction,rate,or volume for adjacent properties. b. Retaining walls which do not exceed two feet in height above existing grade,which are located within the property and at least five feet from any property line,and for which the amount of imported fill associated with the structure does not exceed ten cubic yards,do not require a building or land alteration permit. c. Retaining walls exceeding two feet in height above existing grade or for which the amount of imported fill associated with the structure exceeds ten cubic yards or which are located less than five feet from a property line, shall require a land alteration permit and,upon recommendation of the building inspector,may require City Council review or a conditional use permit per the provisions of Section 78-967. d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to meet the required accessory structure setbacks established for that yard. Page 5 of 18