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.
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Department Head
Manager's Comments:
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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.
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9 130
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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.