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HomeMy WebLinkAbout2016-07-11 16-273 ORDINANCECOUNCIL ACTION Item No. 16-273 Date: July 11, 2016 Item/Subject: ORDINANCE, Amending Chapter 165-48 Land Development, of the Code of the City of Bangor, by delegating administration and enforcement of Timber Harvesting within the Shoreland Zone to the Maine Forest Service. Responsible Department: Planning Commentary: This ordinance amendment would revise the Mandatory Shoreland Zoning Standards by removing Timber Harvesting from our local Shoreland Zoning regulations and designating the Maine Bureau of Forestry to administer and enforce statewide standards. This has been an option since 2013 and the Director of Forestry has requested that the City choose an option and let them know. /s/ Tanya L. Emery Department Head Manager's Comments: City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: City Introduced for Passage x First Reading x Referral to the B&ED Committee and the Planning Board on July 19, 2016 C Assigned to Councilor Nealley CITY OF BANGOR 16-273 JULY 11, 2016 ORDINANCE, Amending Chapter 165, Section 165-48, Land Development Code, of the Code of the City of Bangor, by delegating administration and enforcement of Timber Harvesting within the Shoreland Zone to the Maine Forest Service BE 1T ORDAINED BY THE CM COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Section 165-48 Timber harvesting be amended as follows: § 165-48 Timber harvesting. Timber harvesting in shoreland areas is regulated through the Maine Forest Service and governed by MFS Rule - Chapter 21: Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas. iitted. in addition; .. .9r P. ■ -OR P IN CITY COUNCIL JULY 11, 2016 FIRST READING AND REFERRAL TO BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE ON JULY 11, 2016 AND PLANNING BOARD MEETING OF JULY 19, 2016 � 1�-do'a4L�co�•�' CITY CLERK IN CITY COUNCIL JULY 25, 2016 MOTION MADE AND SECONDED FOR PASSAGE VOTE:7-2 COUNCILORS VOTING YES: DURGIN, NEALLEY, NICHOLS, PERRY, PLOURDE, SPRAGUE, FAIRCLOTH COUNCILORS VOTING NO: BALDACCI, GRAHAM PASSED CITY CLERK 16-273 Additions by underline -ma 7r Additions by underline MEMORANDUM DATE: July 20, 2016 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-48, Timber Harvesting in the Shoreland Zone. Council Ordinance 16-273 Please be advised that the Planning Board at its meeting on July 19, 2016, held a Public Hearing on the above Zoning Ordinance to amend the Shoreland Zoning provisions to delegate timber harvesting review and enforcement to the Maine Forest Service. Chairman Kenney opened the Public Hearing and Planning Officer David Gould provided the Board with an overview of the proposed amendment. Mr. Gould noted that changes in Shoreland Zoning initiated in 2005, included provisions for the State Forest Service to establish statewide standards for timber harvesting. Bangor has very limited harvesting activity in comparison to other more rural communities. The Planning Office along with the Code Enforcement Office would prefer to focus on other issues. Mr. Gould noted that recently correspondence from the Forest Service noted Bangor had not made a decision as to how it wanted to proceed. Mr. Gould indicated he had talked with DEP's Shoreland Zoning Staff who indicated they would consider the adjustment to Bangor Shoreland Zoning provisions without other updates at this time. The Board discussed timber harvesting activity in Bangor and whether other changes may be made to harvesting regulations at the State level. The Board unanimously recommended the City Council adopt the proposed amendment to Shoreland Zoning to delegate the Maine Forest Service as the entity to administer and enforce statewide standards for timber harvesting in the Shoreland zone, C.O. 16-273