Loading...
HomeMy WebLinkAbout2009-04-13 09-130 ORDINANCECOUNCIL ACTION Item No. _6 9 0 Date: April 13, 2009 Item/Subject: Ordinance, Amending the Code of the city of Bangor Section 165-114F, Land Development Approval Standards, to Prohibit Planting of Invasive Species Responsible Department: Engineering Commentary: The planting and propagation of invasive plant species has become an increasingly important topic. Control of invasive species is particularly important in environmentally sensitive areas. For several months, the Marsh/Mall Commission has been discussing this subject. Several landscape architects and nursery operators have also provided valuable insight into the problem. Controlling invasive species will be a long term effort that will also require action at the state level. The attached Ordinance revision has been recommended as a logical first step in controlling the introduction and propagation of invasive plant species at the local level. It would add a provision to the Land Development approval standards for new projects requiring site plan approval. The use of native species would be encouraged, and planting of invasive plant species as defined by the most current listing by the State of Maine Department of Conservation would be prohibited. VA II � 01 211 ` � 92"----,T)-*ter Department Head Manager's Comments: _�K �c�V City Manager Associated Information: Tmwa-4m Pk" Fad s k"l- #1,, Budget Approval: Finance Director Legal Approval: ity Solicitor Introduced for Consent Agenda Passage X First Reading X Referral to Planning Board, 4-21-09 @ 7 p.m. G 9 130 SA R4 i ED,F Assigned to Councilor Gratwick April 13, 2009 CITY OF BANGOR (TITLE.) Ordinance, Amending the Code of the city of Bangor Section 165-114F, Land Development Approval Standards, to Prohibit Planting of Invasive Species BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT Section 165-114F, Land Development Approval Standards, is hereby amended to Prohibit Planting of Invasive Species as follows: 165-114 Land Development Approval Standards F. Landscaping of unpaved areas or other treatment of the site. Landscaping shall include, as a minimum, the following: (1.) The applicant must show that the development is properly screened to avoid unreasonable adverse effects on adjacent properties and public rights-of-way. (2.) The installation of elements to physically separate paved (and graveled) areas from open space, yards and required setback areas along property lines. (3.) The treatment of open space, drainageways, slopes, yards and required setback areas along property lines to reduce dust and erosion and to enhance their visual appearance by such means as seeding or placing sods. (4.) The additional planting of shrubs and trees beyond that specifically required elsewhere in this chapter to shade and break up extensive building facades, front, side or rear yards of more than 100 feet in length or open space areas of more than 200 square feet in area not used for active recreation or parking lots containing 200 or more vehicles. (5.) The Planning Board shall encourage the preservation of existing tree growth as identified by the site development plan, particularly in the required buffer yard areas and the preservation of specimen trees throughout. Justification for removal of said trees should be limited to provision of access, excessive grade changes and survivability of the trees. In no case are specimen trees in the street right-of-way to be removed without written authorization of the City Engineer. (6.) The use of natio spe ,Cies is encouraged, and the Ian in of invasive i s defined b the most current version of the State of Maine Department of Conservation Maine Natural Areas Program "invasive plant fact sheets" list is prohibited. IN CITY COUNCIL April 13, 2009 First Reading and Referred to t44 Planning Board ITY CLE IN CITY COUNCIL April 27, 2009 Motion Made and Seconded for Passage Vote: 9-0 Concilor Voting Yes: Blanchette, Bronson, D'Errico, Gratwick, Hawes, Nealley, Palmer, Stone & Wheeler Counciprs Voting No: None Pass CITY CLERK (TITLE,) Amending the Code of the City of Bangor Section 165-114F, Land DeveloFment Approval Standards, to Prohibit Planting of Invasive Species Assigned to Councilor Maine Natural Areas Program Invasive Plant Fact Sheets Agencies I Online Services I Help Page Tools i MEMORANDUM DATE: April 22, 2009 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code 165-114 F Council Ordinance 09-130 Please be advised that the Planning Board at its regularly scheduled meeting on April 21, 2009 held a public hearing on the above Land Development Code Amendment. Planning Officer Gould provided an overview of the proposed Land Development Code Amendment that was developed by the Penjajawoc Marsh Bangor Mall Management Commission after several years of overseeing development projects in the Overlay District and working with developers and designers to avoid invasive plants. The intent was to adopt, by reference, a published list of Invasive Species in Maine that would be reviewed and updated overtime in lieu of the City establishing its own list of invasive plants to prohibit. While the issue of invasive plants is not a large one for the City currently, elsewhere it has been problematic and is hard to control once plants get established. On the other side, the enactment of a prohibition does not appear to cause a great concern for designers or developers as there is little incentive for them to plant invasive species. Ms. Lucy Quimby, 1230 Kenduskeag Avenue and Chairman of the Marsh Mall Commission and President of the Bangor Land Trust indicated that she was in support of the proposed amendment as invasive plants like Purple Loosestrife could be extremely damaging to the marsh ecosystem. When the Marsh Mall Commission invited landscape professionals to discuss invasive species they were all in support of a City-wide prohibition. Mr. Doug Damon asked how the proposed prohibition would impact residential property owners. It was noted that the proposed language would only apply to those projects that require Site Development Plan approval and would not apply to individual residential properties. City Engineer Jim Ring thought it would be a good first step. The Board voted 5 in favor and none opposed to recommend the proposed language to the City Council.