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Home My WebLink About1998-09-14 98-369 RESOLVECOUNCIL ACLION Date: September 14 1998 Item No. 98-069 Item/aw7ect: Adopting Policy Guidelines For Use of City Owned Wetlands and Associated Upland Areas For Mitigation Associated with Development and Redevelopment Projects Responsible Department Community & Economic Development Commentary; The City may agree to preserve wetlands it owns to mitigate the impact of projects winch meet the economic development and monaurally redevelopment goals of the City. This policy is intended to provide guidance to staff who are involved in development and redevelopment efforts in their negotiations and discussions with parties who are interested in the potential use of this mechanism. Dep, toren[ Haa Manager-a communes GtQD Wi2Q haat a Ylt _ City Manager Associated Information 6�,µ Budget Approval: Finenee D1r'eOtOr Legal Approval: . City Solicitor Introduced For ;� paceage ❑ First Reading ❑ Referral Faget' ft' 98-369 pssigoed to ea,mcilor Palmer September 14, 1918 _ CITY OF ABANGOR (TITLE.) �NeSDIb2r...A,AnntincR.aLH:.G_yjA?Et6...,Hor.Usp,�r.Si!x_Q.wgea,we��npasana........ Associates Upland Areas For Mitigation Associated with Development and Redevelopment Projects By Me City council ofW aty Gran . RBSOLYBD, WHEREAS, the Citymay agreem preserve wetlands it owns tomitigam the impact of projects which med the economic development and conuvunity redevelopment goals of the City; and WHEREAS, apolicyisnmdedwpmvideguidmwwsmllwhoucinvolved in development and redevelopment efforts in their negotiations and discussions with parties who are interested in the potential use of this mechanism; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the Policy Guidelines For Use of City Owned Wetlands and Associated Upland Areas For Mitigation Associated with Development and Redevelopment Projects, September 1998, a ropy of which are attached hereto, are hereby adopted. L IN CITY COUNCIL September 14, 1998 Motion fo Refer back to committee made and seconded onded Tabled and referred t0CAM Committee e CITY e&K IN CITY COUNCIL October 14, 1998 Motion for Passage Made and Seconded Passed wF.C4 C,7 Y ERR M F 98-369 R E S O L V E Adopting Policy Guidelines for Use of City Owned wetlands and Associates Up- land Areas for Mitigation Associated with Development and Redevelopment Projects E4064 r C', � PJA v � CITY OF BANGOR POLICY GUIDELINES FOR USE OF CITY OWNED WETLANDS AND ASSOCIATED UPLAND AREAS FOR MITIGATION ASSOCIATED WITH DEVELOPMENT AND REDEVELOPMENT PROJECTS September 1998 1.0 PURPOSE 98-369 Agreements to preserve wetlands endangered by development may he used as a mechanism to mitigate the impact ofproposed development on wetlands in other meas located in the same watershed. For uutaoce, involved regulatory agencies may approve developmem of an acre of wetlands if eight other acres of wetlands or associated uplands in the same watershed are forever protected from future development, The City owns approximately 200 acres of wetlands in the Pe jajawuc Stream watershed which encompasses the Hogan lived and Stillwater Avenue development area which the City may agree to protect from future development in exchange for permission to develop other wetlands is the watershed, with eight arms dedicated to preservation for curb acre of wetlands disturbed by development. In general, dedicating City owned wetlands for mitigation of development projects should be considered only for use in pursuit of the economic development and community redevelopmem goals of the City. Thispolicyisini dedmprovideguidancemsmffwhoare Involved in development and redevelopment efforts in their nalotiavons and discussions with parties who are interested in the potential use of this mechanism. 2.0 GENERAL POLICY First priority for preservation of City owned wetlands for mitigation of development projects shell be for Nose prof ears undertaken by the City involving City owned development sites and to provide for irJnashucwre necessary to support development demmithed to be in the City's best interest Only when the City has resources determined to be excess to the City's Intractable needs shall the use of the City owned resources for privately owned projects be considered. CITY OF BANGOR - DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 98-369 3.0 AUTHORIZATION TO PROPOSE USE 3.1 City Participation Required. City staff is authorized m propose consideration of ret use of City owned wetlands for mitigation Purposes only where the City's participation is necessary in order for the project to be undertaken and only when a benefit to the general public can be demonstrated. The need for City involvement mus[ be demonstrated by: 3.1.1 The need to offset economic advantages available to the applicant if it should build (or expand) outside of Bangor, 3.1.2 The reed to offset infrastructure costs unique to the development or redevelopmentsite and required to make the site economically feasible; 3.1.3 The lack of sufficient private or other public funding sources to meet the full capital investment needs of the applicant. 3.2 Other Requirements for City Participation. 3.2.1 The project must create significant new tax value and an expansion of the area's employment base; 3.2.2. The financial capability in undertake the project is hi place or will be in place prior to final approval; 3.2.3 Theproject will comply with all statutory and regulatory guidefines; 3.2.4 Retention of jobs which would otherwise be lost without City assistance or new job creation which will result through assisting in the expansion of an established business m the City of Bangor, 3.2.5 The creation of long -conn, permanent employment opportunities by the project proposed; 3.2.6 The project annual will improve a blighted area in neol of redevelopment or son area identified as a priority by the City of Bangor, 3.2.7 The project assisted will improve a blighted building in need of rehabilitation; CITY OF BANGOR- DEPARTMENT OF COM "41TY & ECONOMIC DEVELOPMENT 3.2.8 The project assisted creates public infrastructure improvements which have application beyond the particular development in question. 4.0 LEVEL OF CITY PARTICIPATION 5.0 6.0 Generally, the amount of City wetlands or associated upland areas dedicated to mitigate the impact of development of wetlands associated with a City approved project will act exceed the minimum amount of land area necessary. In addition to the requirements and criteria listed above, the following criteria and considerations should also be evaluated in a decision on whether this mechanism should be used and on the extent of Cry participation. 5.1 Priority should be given to projects which will expand employment in the manufactu jug sector of the ecommy. 5.2 Commercial projects should only be considered where such projects mat the specific criteria outlined in sections 3.2.6 and 3.2.7 above. More specifically, commercial projects shall generally not be eligible for support unless such projects directly relate to other established and important community development objectives of me City. 5.3 Consideration of projects involving the general service sector, such as but act limited to medical or professional offices, shall take into account the current availability of such services within the community and the current level ofcompetidon. Where such competitive services cumemly exist, City participation, if my, should be limited to projects qualifying under 3.2.6 and 3.2.7 above and which generally will not provide a competitive advantage in comparison with a similar project undertaken on a site ret impacted by wetlands. 5.4 The City's policy is to not extend assistance to businesses in direct competition with other existing businesses, especially retail operations. It is the City's preference to provide assistance only when necessary tut location of new bumadees that help diversify the local economy by offering services or producing products not presently provided or produced by other area employers. Compensation to the City will be considered on a case by case basis, bre generally the City should receive as compensation in exchange for the area of City property dedicated to CITY OF BANGOR- DEPARTMENT OF COMMUMTY & ECONOMIC DEVELOPMENT 7.0 98-3139 preservation in support of a project, not less than the value of the wedand area being impacted by development, as if that land was not in wetlands and was ready to be put an its highest and best use. 7.1 Responsible Department. The Department of Consonantly and Economic Development, in consultation with the City Engineer, will coordinate all City activity regarding proposals for assistance. 7.2 Deparnuemel Responsibilities. The Department shall: 7.2.1 Discuss project proposals and accept preliminary applications; 7.2.2 Review and evaluate preliminary applications; 7.2.3 Involve other City Depmanatts as appropriate and necessary. More specifically, the City Engineer's office shall be involved and assist in the analysis of the project artd the Legal Department shall be kept appraised of and be involved in the review of development agreements and other centract documents; 7.2.4 Make recommanda[ions to accept or reject the application; 7.2.5 Subnot proposals and associated agreements to the City Council for its review and action; 7.2.6 Monitor ongoing public and private investment in the development project. 8.0 FMAL AUTHORITY The final authority to approve dedication of City owned lands for any purpose rests with the City Council. CITY OF BANGOR - DEPARTrV¢NT OF CONDRINITY & ECONOMIC DEVELOPMENT