05-15-2017 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 17,2017 6:30 o'clock p.m. main area is the requirement of a setback beyond required buffer or when no buffer is required. Barnhart noted the City has an additional buffer in addition to the Watershed District in some situations. The goal behind the buffer setback is to establish ground features to help filter the water prior to entering the wetlands. The City also has an additional setback so there is some additional separation. For example,if there is a 25-foot buffer requirement imposed by the Watershed District,the City requires that extra 10 feet in order to provide people some room to move around their house. From a wetland delineation standpoint,the Watershed District makes it clear that a wetland delineation is only required when someone is constructing a new principal residential structure or are doing a project that proposes impacts to a wetland. A true wetland delineation requires field work and a licensed surveyor visiting the site. Normally that delineation cannot be done until May when the vegetation starts growing so the surveyors can observe that,which provides someone only six months to obtain a delineation. there is also a 15-day waiting or comment period on the delineation. The City will require a wetland delineation as part of a subdivision,on a new principal residential structure,a project that proposes impacts to a wetland,or when other rules related to stormwater management or waterbody crossings are triggered. The City also currently requires a wetland delineation when hardcover or grading is proposed within 150 feet of a wetland. The City allows a desk delineation for projects that are clearly not impacting the wetland,which is usually when the improvement is below the wetland and/or separated by extreme distances. Barnhart stated the idea that Staff had in terms of drafting an ordinance was to make the City's rules more consistent with the Watershed District's. A full delineation is required for new principal residential structures, subdivisions,and other projects triggering Watershed requirements. A Tier 1 or desk review delineation may be accepted by the City for all other projects regardless of distance from the project area. If the applicant disagrees with the City's interpretation of the wetland boundary,a full delineation may be provided. Other smaller projects,such as decks or patios,require a verification through a desk review or a Tier 1 review. The second issue that was addressed relates to the buffers. The Watershed District establishes a buffer when a wetland is impacted or when a wetland is downgradient of work triggering the Wetland Protection Page 54 of 72