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§78-1608 ORONO CITY CODE b. A setback from the buffer area is not section 78-1608(2Xa)above shall required for overhead utility poles maintain a setback from the and lines that are less than two feet delineated wetland boundary in diameter,underground utility lines equivalent to the width of the and distribution equipment, light buffer area per the chart in poles, traffic signals, traffic regula- [section] 78-1605(c). tory signs,mailboxes,entrance mon- uments meeting section 78-1405(8) d. Buffer flexibility. Where existing and other equipment that provides structures or surfaces are located an essential public service. within an area that would be re- c. A setback from the buffer area is not gaited for establishment of a buffer required for fences or retaining walls. under this article, alternative meth- ods of wetland protection may be (3) Nonconformities. approved by the city council to avoid a. Effect of wetland boundary expan- creating unreasonable impacts on the sion. An existing structure, drive- existing use of a property.Such meth- way or parking area meeting the ods may include but are not limited required setback from a city-desig- to buffer width averaging, redirec- nated wetland boundary or buffer tion of drainage to an area where area is considered a legal noncon- buffer is feasible, use of rain gar- forming development if a later dens, cisterns or rain barrels, etc. wetland delineation or implementa- (Ord. No. 28 3rd series, § 1, 8-22-2005) tion of a wetland buffer shows that the wetland or its buffer is closer Sec. 78-1609. Removal of lands from the than the required setback. wetlands overlay district. b. Existing nonconformities. An exist- ing structure, driveway or parking (a) Removal of wetlands from a wetland over- area that does not meet the required lay district (i.e. by filling, etc) requires a zoning setback from a city-designated amendment and an amendment of the official city wetland boundary or buffer area, is wetland map. The amendments must be made considered a legal nonconforming de- pursuant to the provisions of section 78-43 of this velopment. chapter and WCA replacement rules.These amend- c. Avoiding future nonconformities. In ments must be consistent with the purpose of this order to avoid the creation of future article,the city's surface water management plan nonconformities,in situations where and the goals and policies of the community development, redevelopment or con- management plan. In determining the appropri- struction activity does not trigger ateness of a rezoning request,the city council will the establishment of a buffer, the consider the size of the wetland overlay district, following setbacks shall apply: the magnitude of the area proposed for removal, hydrological and ecological effects and the type 1. All new buildings shall main- and function of wetlands involved in order to tain a setback from a delin- provide the maximum feasible protection. eated wetland boundary equiv- alent to the width of the buffer (b) Wetlands within an overlay district may area per the chart in section only be removed according to WCA rules and if at 78-1605(c)plus the required 20 least an equal area of wetland replacement is foot buffer setback. created to compensate for the wetland being filled. 2. All new non-structural imper- Unless otherwise approved by the city council, vious surfaces and those struc- compensatory wetland area must be provided tures listed as exceptions in within Orono and within the same subwatershed Supp.No.3 CD78:240