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;
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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
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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
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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