Jan 27, 2026 Bluffton Town Council Quarterly Workshop

[1. CALL TO ORDER]

[00:00:05]

THIS ARE OUR QUARTERLY WORKSHOP TODAY'S TUESDAY JANUARY 27TH 26.

[2. PUBLIC COMMENTS - Pertaining only to agenda items]

DOES IT HAVE TO BE NOW OR CAN IT JUST BE LIKE AT THE END I JUST WANTED TO HEAR THAT SO THE WAY IT'S IF YOU WANT TO MAKE PUBLIC COMMENT YOU CAN NOW WHEN WE GET TO THE ACTUAL ITEM IT WILL BE UP TO THE MAYOR WHETHER HE WANTS TO HAVE ANY BACK AND FORTH SO UP TO YOU WHETHER YOU WANT TO SAY ANYTHING NOW OR YOU WANT TO WAIT AND HEAR THE PRESENTATION GO TO THE MAYOR AT THAT POINT IN TIME. OKAY. I MEAN I DON'T KNOW THAT NECESSARILY I GUESS I HAVEN'T MUCH NECESSARILY I JUST WAS MORE LIKE HOPING LEAST BE ABLE TO ENGAGE IN THE DIALOG YOU KNOW IF THAT'S OKAY I DON'T KNOW HOW WE NEED TO DO THAT BUT WE DON'T NEED ANYBODY I GUESS YOU CAN BUT AS YOU GOT IN HERE AND APOLOGIZE MAYOR I WAS KIND OF EXPLAINING TO WILL FOR TONIGHT REALLY WHAT IT IS IT'S MORE OF JUST AN UPDATE ON THE PROCESS AND HOW WE'RE MOVING FORWARD, WHAT SEE I MEAN THEY'RE VERY BUT THEY'RE ALL GOING TO GO THROUGH THE NEXT STEPS AS PART OF THE NEXT STEPS THEY'RE GOING TO GO THROUGH ALL THE TIMES IT'S GOING TO GO THROUGH LIKE THE PLANNING COMMISSION AND THERE'LL BE MULTIPLE TIMES FOR PUBLIC COMMENT THEY'RE THEY ARE CORRECT ME IF I'M WRONG IF YOU THINK THAT THERE'S A LOT THE COUNCIL THAT WE'RE GOING TO GO DOWN I MEAN YEAH I WAS GOING TO SAY GOOD AND I TRYING TO KEEP IT GOING I GUESS I HATE I FIND THAT EVEN NOT SUPER COMFORTABLE BUT THERE IS YOU KNOW QUITE A BIT OF REVISIONS AND SO I KIND OF LAID IT OUT INSTEAD OF HAVING YOUR CONSIDERATIONS AT ONCE THEIR CURRENT OUTREACH TOPIC SO MAKE IT HOPEFULLY EASIER TO THROUGH WE ARE GOING TO BE HAVING A FORMAL PUBLIC COMMENT PERIOD I MEAN SKIPPING IN A PRESENTATION BUT STARTING NEXT WEEK TOO SO WE'LL I MEAN I THINK I CAN GO I'M GOING TO AGREE IT'S IT'S JUST JUST ABOUT SAYING YOU CANNOT I MEAN WHATEVER YOU WANT DO I MEAN WE WANT TO HEAR WHAT YOU SAY. WE WANT YOUR CONCERNS ABOUT IT ANYWAY SO YEAH WE'LL SO I GUESS MY NAME IS DREW LOCKER I DON'T LIVE IN BLUFFTON. I'M I LIVE IN SAVANNAH I'M A CIVIL ENGINEER WITH THOMAS HAYDEN BUT I'VE DONE WORK AT BLUFFTON FOR SEVERAL YEARS NOW . I'VE DONE A LOT OF STORMWATER STUDIES THROUGHOUT YOU KNOW, COASTAL SOUTH CAROLINA AND REALLY THE ONLY THING I WANTED TO ADD IS YOU KNOW, I HAVEN'T HEARD THE PRESENTATION OR ANYTHING YET BUT IT LOOKS LIKE A LOT OF ITEMS IN HERE WHERE WE'RE SPECIFICALLY TO ADDRESS FLOODING AND I JUST WANT TO MAKE SURE THAT WE ARE AWARE AND I'M SURE ANDREA WILL COVER THIS BUT THERE ARE ADDITIONAL AVENUES, RIGHT, FOR FOR ALLEVIATING FLOODING IN BLUFFTON IS IF THAT IS THE MAIN CONCERN.

I MEAN YOU GUYS HAVE A STRONG STORMWATER ORDINANCE WHERE YOU REQUIRE DETENTION OF , STORMWATER INFILTRATION BUT THERE'S ALSO YOU KNOW, SOME SOME MAINTENANCE ACTION ITEMS THAT COULD COULD TAKE PLACE TO MAINTAIN IN DITCHES IMPROVING STORMWATER CONVEYANCE, YOU KNOW, DOING THOSE DRAINAGE STUDIES, THINGS LIKE THAT. SO JUST KEEP KEEPING THAT IN MIND THAT OUTSIDE OF JUST YOU KNOW, IF IF A GOAL IS TO TRY TO ALLEVIATE FLOODING THERE ARE I MEAN REALLY REALLY IMPROVING CONVEYANCE IS ONE OF THE ONE OF THE BEST THINGS THAT YOU CAN DO TO ACTUALLY DO THAT SO I JUST WANT TO MAKE SURE THAT, YOU KNOW, WE'RE KEEPING AN OPEN MIND TOO ON JUST MAYBE SOME ADDITIONAL AVENUES TO LOOK AT THAT COULD COULD HELP WITH WITH FLOODING IN BLUFFTON REALLY WELL. WE'LL LISTEN TO WHAT SHE SAYS AND THEN IF YOU WANT TO COMMENT AFTERWARDS. THANK YOU.

LOOK OKAY. I'M I'M GOOD EVENING MAYOR AND COUNCIL SO WE ARE HERE TONIGHT

[3.1. Discussion of Proposed Ordinance to Amend Town of Bluffton Code of Ordinances, Chapter 23 – Unified Development Ordinance, Article 5 – Design Standards, Sec. 5.10 (Stormwater); and Article 9 – Definitions and Interpretation, Sec. 9.2 (Defined Terms) - Andrea Moreno, Watershed Division Manager]

[00:05:07]

IT ALLOWED FOR ENFORCEMENT OF UNPERMITTED FILLING OF WETLANDS.

IT FILLED GAPS LEFT BY LOOSENED FEDERAL PROTECTIONS AFTER SACKETT DECISION WHICH AGAIN THAT'S THE RULING THAT CHANGED THE DEFINITION OF THE WATERS OF THE U.S. AND THEREBY CHANGED FEDERAL REGULATIONS OF WETLANDS AND IT MADE BLOCKED IN THE FIRST MUNICIPALITY IN THE STATE OF SOUTH CAROLINA TO ENACT SUCH LAWS IN RESPONSE TO FEDERAL CHANGES WHICH IS SOMETHING WE'RE ALL PRETTY PROUD OF AND ALTHOUGH THE CITY FOR WETLAND BUFFER IS NOT SUBJECT TO THE PADS BECAUSE THEY'VE GOT TO REMEMBER DEVELOPMENT AGREEMENTS ARE VERY EXPLICIT ABOUT THE TOWN CAN MAKE NO CHANGES TO BUFFERS AND SETBACKS IN THOSE DUTIES.

THE DEVELOPMENT AGREEMENTS DO HAVE LANGUAGE OUTSIDE OF THIS BUFFER TABLE HERE THAT THEY DO PROVIDE SOME LEVEL OF WETLAND PROTECTIONS. SO SINCE THE ADOPTION WE HAVE RECEIVED ONE VARIANCE REQUEST THAT HAS LATER BEEN PULLED AND THREE REQUESTS FOR A WAIVER ALL OF WHICH HAVE BEEN GRANTED AS A REMINDER THE VARIANCE REQUEST TO GO TO THE BOARD OF ZONING APPEALS AND THE WAIVER REQUEST IS A STAFF LEVEL REVIEW THAT'S ADMINISTRATIVELY BY THE UDL ADMINISTRATOR. SO IF YOU'RE WONDERING WHAT HAS BEEN A YEAR SINCE OUR ORDINANCE WAS ADOPTED AND IF IT REALLY HASN'T BEEN AS NEGATIVELY RECEIVED AS ANTICIPATED, WHY ARE WE EVEN HERE TRYING TO CHANGE IT? WELL, THE ORDINANCE ALWAYS MEANT TO ACT AS AN INTERIM WETLAND ORDINANCE TO BE LATER SUPERSEDED BY A COMPREHENSIVE WETLAND ORDINANCE THAT INCORPORATED THE CONSULTANTS THEY MCCORMICK TAYLOR INCORPORATED THEIR RECOMMENDATIONS AND THEN DEVELOPED A TOWN WETLAND MAPPING TOOL AT INFORMATION DATA ON WETLANDS ALLOWS THE TOWN TO ITS PROTECTION EFFORTS AND INFORM FUTURE DEVELOPMENT PROJECTS, POLICIES, PROGRAMS AND PARTNERSHIPS FOR PEACE.

WE ARE CURRENTLY RELYING ON THE MWI WHICH IS MANAGED BY THE U.S. FISH AND WILDLIFE SERVICE AND BASICALLY THE PRIMARY SOURCE OF MAPPED WETLANDS USE ACROSS THE COUNTRY.

PROBLEM IS IT HASN'T BEEN UPDATED SPECIFIC TO OUR AREA SINCE 2006 2011 SO IT'S NOT REFLECTIVE OF ALL OF THE DEVELOPMENT THAT WE'VE RECEIVED THAT TIME AND IT'S ALSO NOT PICKING UP ON SMALLER ISOLATED WETLANDS OF WHICH WE KNOW WE HAVE AN ABUNDANCE OF .

SO BEFORE WE GET INTO THE PROPOSED AMENDMENTS TO THE LAKELAND ORDINANCE I WANTED TO KIND OF START OFF WITH I THINK A LIST OF THINGS I'D LIKE YOU GUYS TO CONSIDER AS WE MOVE THROUGH THE PRESENTATION. I WILL GO AHEAD AND START OFF WITH A AND THEN THE REST OF THESE AGAIN WE'LL KIND OF COVER AS WE GO THROUGH EACH SUBJECT SO YOU'RE NOT TRYING TO REMEMBER EVERYTHING ALL AT ONCE THIS THESE LIST OF PROPOSED REVISIONS THAT ARE IN FRONT OF YOU TONIGHT DO NOT INCLUDE ANY CHANGES TO THE BUFFER WITH AND SO SOMETHING THAT WE AS STAFF WOULD LIKE YOU ALL TO CONSIDER IS DO YOU FEEL THAT THAT 50 FOOT BUFFER IS SUFFICIENT FOR EXAMPLE DO YOU FEEL THAT THE WETLAND BUFFER SHOULD PERHAPS BASED OFF OF LAND USE OR VARY BY LAND USE VERY TO DEVELOPMENT AGREEMENTS YOU KNOW VARY BASED OFF RESIDENTIAL COMMERCIAL AS AN EXAMPLE OR DO YOU FEEL LIKE IT SHOULD VARY BASED OFF OF FUTURE WETLAND CLASSIFICATIONS? YOU KNOW YOU HAVE A HIGH VALUE WETLAND OR A LOW VALUE WETLAND AND LET'S SAY YOU A 50 FOOT FOR A LOW VALUE WETLAND THAT 100 FOOT BUFFER FOR SOMETHING AS A HIGH VALUE ISLAND. SO JUST WANT TO KIND OF GET YOUR IMMEDIATE FEEDBACK ON THAT BEFORE WE MOVE FORWARD OR IF YOU WANT TO THINK ON IT A LITTLE BIT WE CAN DISCUSS IT AT THE END OF WORKS FOR YOU GUYS. THE COMMENTS FROM COUNCIL HAS MCCORMICK TAYLOR VOICED AN OPINION ON THAT THEY HAVE SO THEIR RECOMMENDATION AND THIS IS PART OF THE SCOPE OF WORK TOO TO DO THIS TO DEVELOP A WETLAND CLASSIFICATION TO KIND OF HELP BUILD UP A FUTURE WETLAND RESTORATION PROGRAM SO THE ACTUAL CLASSIFICATION MEANING TELLING US WHAT'S A HIGH VALUE AND LOW VALUE HAS NOT HAPPENED YET THAT IS A FUTURE THING DOWN THE LINE.

HOWEVER IT WAS A RECOMMENDATION THAT WE DO IMPOSE A VARIABLE BUFFER WITH BASED OF THE WELL

[00:10:05]

SO SIMILAR TO WHAT THE DEVELOPMENT AGREEMENTS HAVE. YEAH.

SO THAT IS BASED OFF OF LAND USE AGAIN YOU'VE GOT THAT COMMERCIAL RESIDENTIAL INDUSTRIAL VERSUS WHAT THE CONSULTANT WAS RECOMMENDING WAS MORE BASED OFF OF THE ACTUAL ECOLOGICAL VALUE OF THE WETLAND . AGAIN WE AS STAFF KIND OF WANTED TO GARNER Y'ALL'S FEEDBACK FIRST BEFORE WE JUST TO CHANGE ANYTHING.

WE UNDERSTAND THE ORDINANCE IS STILL VERY FRESH SO WE JUST KIND OF FOLLOW Y'ALL'S LEAD WHETHER OR NOT YOU FELT THAT WAS WORTHWHILE PURSUING ANYTHING OR LEAVING IT AS IT IS ME IT SEEMS LIKE THEY'RE THE PROFESSIONALS AT THIS AND. I'M CERTAINLY NOT WHEN IT COMES TO WETLANDS BY ANY MEANS. SO I, I MEAN I TAKE THEIR OPINION VERY HEAVILY.

IT'S WHERE I IN MY MY LINE OF QUESTIONING WAS GOING TO BE THE SAME YOU'RE THE EXPERTS AND YOU HAVE THE CONSULTANTS AND I THINK IT'S BEST THAT YOU BRING US YOUR OPINION ONE QUESTION I DO HAVE IS YOU USED TERMINOLOGY ECOLOGICAL VALUE. CAN YOU GIVE US A BETTER DESCRIPTION OF THAT? SO THEY BROKE IT DOWN BY HABITAT THAT YOU KNOW FLORA AND FAUNA THAT KIND OF DESCRIPTIONS. IS IT A PERMANENTLY WET YOU KNOW HOW HOW MUCH LIFE A HOW MUCH STORAGE IS IT REALLY HOLDING? HOW MUCH OF A WATER QUALITY BENEFIT IS IT PROVIDING WAS A WHOLE BUNCH OF DIFFERENT CRITERIA. AGAIN WE JUST YOU KNOW, WE'RE KIND OF FEELING LIKE LET'S GET YOUR IMPACT OR YOUR INSIGHT FROM AND IF IT'S SOMETHING THAT YOU LIKE TO SEE THEN WE'D BE HAPPY TO KIND OF INCLUDE THAT EVEN IF IT'S A MEMO AT FIRST FOR YOU TO SEE OR SORT OF WHATEVER YOU'D LIKE OR IF YOU WANT TO HAVE US THROW IT INTO THE PROPOSED REVISIONS.

SO IF I UNDERSTAND YOU CORRECTLY SO POTENTIALLY YOU COULD HAVE A WETLAND THAT ESSENTIALLY MAYBE SOMEBODY WANTS TO BUILD ON THIS PIECE OF PROPERTY WHETHER RESIDENTIAL, COMMERCIAL, WHATEVER IT MAY BE. BUT ARE YOU SAYING THAT MAYBE IT'S A POSSIBILITY THAT SOME POTENTIAL WETLANDS NO REAL VALUE IN THE PRESERVATION OF THE WATER RUNOFF THAT WE'RE TRYING TO KNOW THEY ALL STILL HAVE VALUE JUST SOME WOULD BE DEEMED HIGHER THAN OTHERS. SO LIKE THEY'RE ALL WETLANDS SERVE A PURPOSE AND HAVE A VALUE OR JUST BE SOME WETLANDS COULD CHECK ALL THE BOXES THAT I JUST MENTIONED BE THE HABITAT ,BE THE STORAGE, BE THE WATER QUALITY ETC. ETC. AND THEY WOULD BE DEEMED AS THE HIGH VALUE AND SO THEY WOULD GIVE A LARGER BUFFER WIDTH. AND ONE THING I WANT TO POINT OUT TOO IS YOU KNOW, ANY CHANGES THAT WE MAKE ARE ONLY APPLICABLE TO THAT 8% OF THE TOWN AND. SO IT'S JUST KIND OF DECIDING IF IF IT'S WORTH IT AND I MEAN NOT IN A SENSE OF IF IT REALLY TO THOSE THAT WE KNOW WOULD BE APPLICABLE TO THIS CHANGE IF IT IS AS VALUABLE AS WE FEEL IT TO BE WHO WOULD BE IDENTIFYING THESE WETLANDS AND THEN KIND OF GRADING THEM ALONG? OUR CONSULTANT WILL BE YEAH NCW WOULD TO BE LIKE BOOTS ON THE GROUND SO THEY'LL BE WE'RE GOING TO GET INTO THE WETLAND MAPPING IN JUST A MINUTE SO YOU CAN KIND OF SEE HOW THEY'VE LEAST GONE OVER AT LEAST HOW TO EVEN DETERMINE IF A WETLAND IS PRESENT, HOW THEY'VE CATEGORIZED IT. AND SO IT WOULD JUST BE A FURTHER ANALYSIS TO DETERMINE ITS CLASSIFICATION SO THAT TO ME RIGHT OFF THE CUFF SEEMS BE VERY COMPLICATED ON TRYING TO HAVE DIFFERENT RULES FOR DIFFERENT PLACES YOU KNOW I COULD JUST SEE THAT TURNING INTO A BAG OF WORMS YOU KNOW AND THE LEGAL CHALLENGES WELL YOU KNOW BECAUSE THAT DETERMINATION WE'VE GOT TO PAY SOMEBODY TO TELL US THEIR INTERPRETATION AND DETERMINE WHAT'S WHAT WHAT THAT VALUE IS. AND I DON'T I DON'T KNOW THAT I WOULD I DON'T KNOW IF I LIKE THAT PERSONALLY AND I'M JUST GOING BUT THAT'S AND THAT WOULD ONLY PERTAIN TO THE THE 8% OF THE TOWN WELL KNOW PERSONALLY THAT'S THE ONLY THING I WILL ADD TO TO SUPPLEMENT WHAT ANDREW SAYING WAS THAT'S WHAT YOU DID THAT FIRST QUESTION IS TR AND WE AS STAFF AND WE DISCUSSED IT WAS LIKE YOU KNOW 50 FEET SEEMED TO BE WORKING FOR THAT INTERIM ORDINANCE THAT YOU ALL ADOPTED LAST YEAR SO RATHER THAN TO

[00:15:02]

SO THAT WAS JUST OUR INITIAL THOUGHTS THEN AGAIN THAT'S JUST LIKE YOU SAID OUR INITIAL RECOMMENDATION RIGHT IT WOULD NOT BE AS SIMPLE AS LIKE THE HOW THE AND THE DEVELOPMENT WHERE ITS COMMERCIAL IS EX RESIDENTIAL WAS EX IF YOU DID IT VERY LIKE VERY GOOD EXAMPLE AND USE BE THAT WAY AGAIN THOSE WERE JUST ANOTHER KIND OF WE KIND OF OUR OPINIONS AS STAFF BUT OBVIOUSLY WE WANTED TO KIND OF GIVE YOU ALL A HOLISTIC PICTURE TOO.

SO IF YOU WANTED US TO PURSUE SOME OF OTHER OPTIONS FOR A VARIABLE BUFFER WITH WHETHER IT BE BASED LAND USE OR A WETLAND CLASSIFICATION OR ANOTHER METHODOLOGY THEN YOU KNOW WE CAN LOOK INTO THAT MORE BUT I KIND OF FEEL LIKE OUR ZONING THAT WE HAVE IN PLACE RIGHT NOW LIMITS THE TO WHAT CAN BE BUILT THERE ANYWAY YOU KNOW TO A CERTAIN EXTENT STEVEN ARE YOU ON WHAT'S YOUR OPINION ON THIS? YOU GOT MORE EXPERIENCE THAN WE DO SO I WAS PROBABLY THE ONE THAT TOLD HIM TO LEAVE IT AS IS I WON'T SAY I PROBABLY I WAS LIKE I SAID WE'VE THE WHAT YOU OUTLINE WITH SOME THE CONFUSION ESPECIALLY WHEN WE START GETTING INTO MIXED USE WHEN WE GET BECAUSE IF IT'S MIXED USE WITH COMMERCIAL AND RESIDENTIAL IT'S GOING TO HAVE TO GO UP TO THE HIGHEST USE WHICH IS COMMERCIAL WHICH AND THEN IF WE GET INTO THE MAPPING AND WE USE IT THE MAPPING COULD POTENTIALLY CHANGE OVER TIME AND WE MAY PUT A BUFFER PLACE THAT MAY BE DIFFERENT OR BE TOO SMALL OR BE AS IT CHANGES. SO WHAT WE KIND OF TALKED ABOUT WHEN MET ABOUT BRINGING THIS TO THE WORKSHOP WAS WHAT WE HAVE IN PLACE SEEMS TO BE SOMETHING THAT COUNCIL AND STAFF WERE GOOD WITH. IT WAS PART OF THE INITIALLY IS TO CONTINUE FORWARD WITH IT AND IF WE SEE THAT IT NEEDS TO BE ADJUSTED WE CAN ALWAYS COME BACK AND ADJUST AS COUNCIL MAY SEE FIT OR AS CONDITION AS MAY WARRANT.

RIGHT SO I MEAN I FEEL LIKE CONDITIONS CHANGE YOU KNOW AS DEVELOPMENT STARTS THE ONE PLACE YOU DO SEE WETLANDS AND CREATED YOU KNOW OR EXPANDED OR DRIED UP, YOU KNOW, THAT COULD IT COULD GO ANY WAY. SO FOR US I JUST THINK EVERY PARCEL IS GOING TO BE UNIQUE IN ITS OWN WAY IF WE HAVE A A UNIFIED UNIFORM ORDINANCE IN PLACE AND THEN WE HAVE IT SET UP SO THAT THERE IS A GRIEVANCE OR SOMEBODY NEEDS US AWARE TO WHATEVER ISSUES THEY STILL COME TO THE VIDEO ADMINISTRATOR AND AND TRY TO WORK IT OUT WHERE IT MAKES SENSE RIGHT NOW.

I'M FINE WITH THE WAY I CONCUR IN. THE LAST THING I WOULD ADD IS THIS IS GOING TO AN ENGINEER GO THROUGH IT AND I KIND OF HINTED AT IT EARLIER.

IT'S GOING TO GO THROUGH MULTIPLE LEVELS OF INPUT AND COME BACK TO ALL FOR PUBLIC INPUT AND AND AGAIN TO VOTE AND HAVE A COUPLE OF SHOTS AT IT AND.

SO IF ANYTHING CHANGES BETWEEN NOW AND THAT POINT WE CAN ALWAYS ADJUST AND REVISIT IN THE INTERIM. OKAY. OH YOU GO WITH THAT.

OKAY. SO WE ARE PROPOSING AMENDMENTS TO SECTION 510 AGAIN WE'RE LOOKING AT A LOT OF CORRECTIONS TO SCRIBNER'S ERRORS AND GOOD HOUSEKEEPING EDITS.

WE'RE ALSO LOOKING TO INCLUDE ENHANCE RESILIENCE REALLY LANGUAGE AS THE TOWN MOVES FORWARD WITH THE DEVELOPMENT IMPLEMENTATION OF A RESILIENCE ORDINANCE AND A RESILIENCE INCLUSION OF RESILIENCE REALLY A LANGUAGE UNDER SECTION REALLY KIND OF HELPS TO TEE UP THOSE FORTHCOMING EFFORTS PLUS IT'S IN OUR DEPARTMENT TITLE SO IT MAKES SENSE INCLUDE WATERSHED AND RESILIENCE TOGETHER WE ALSO ARE LOOKING TO CLARIFY SOME EXEMPTIONS EXCEPTIONS TO THE WETLAND ORDINANCE SPECIFICALLY WE ARE LOOKING TO INCLUDE A REFERENCE TO THE TOWN WETLAND MAPPING TOOL TO AID APPLICANTS AND WETLAND AND WETLAND BUFFER IDENTIFICATION.

WE'RE ALSO HOPING TO INCLUDE A LIST OF ALLOWED ACTIVITIES WITHIN WETLANDS THEMSELVES AND INCLUDE ASSURANCES FOR THE PROTECTIONS OF WETLANDS AND WELL AND BUFFERS WE'LL GET MORE INTO DETAIL ABOUT ALL OF THESE VERY, VERY SHORTLY. BUT WE'RE ALSO PROPOSING ASSOCIATED DEFINITIONS UNDERNEATH TO ADDING A DEFINITION OF HEAVY MACHINERY

[00:20:02]

SO I'M GETTING INTO THE SPECIFICS THE TOWN'S CURRENT WELL AN ORDINANCE HAS BASICALLY AN EXEMPTION FOR JURISDICTIONAL WETLANDS MEANING THEY ARE THE JURISDICTION OF THE CORPS IF THE WETLAND PERMIT FROM THE CORPS IS ISSUED BEFORE AFTER SEPTEMBER 8TH OF 2023 WHICH IS WHEN THE SACKETT DECISION WAS UPHELD THEN THE TOWN WILL HONOR THAT PERMIT.

THEY ARE ESSENTIALLY EXEMPT OUR WETLAND ORDINANCE BECAUSE WE CAN'T SUPERSEDE THE ARMY CORPS OF ENGINEERS WHEN IT'S THEIR JURISDICTION RIGHT. HOWEVER IT HAS BEEN LEGAL DETERMINATION THAT FOR PERMITS ISSUED SEPTEMBER 8TH OF 2023 THAT THE KNOW THE CORPS PERMIT APPLIES THEY CAN IMPACT THEIR WETLAND PER THAT BUT THEN ANY REMAINING WETLAND BOUNDARY WILL NEED TO IMPOSE A 50 FOOT BUFFER PER OUR ORDINANCE ON THAT THE LANGUAGE ALTHOUGH IT HAS BEEN LEGAL'S DETERMINATION THAT IS WHAT OUR ORDINANCE SAYS IT COULD BE CLEARER SO THAT IS WHAT WE ARE TRYING TO PROPOSE IS MODIFIED LANGUAGE TO MAKE THAT ABUNDANTLY CLEAR FOR NOT ONLY STAFF BUT ALSO FOR ANYBODY LOOKING AT OUR ORDINANCE TO UNDERSTAND WHAT THAT EXEMPTION MEANS. SO IF YOU YOU LOOK AT MY REALLY CREATIVE ILLUSTRATION YOU'VE GOT THE HATCHING AND NOT SHOWING A JURISDICTIONAL AND THEN AGAIN YOUR CORPS PERMIT TELLS YOU WHAT ARE PERMITTED TO IMPACT AND WHICH IS IN THE RED THERE NOT A SECOND BOX AND THEN ON THE RIGHT IT'S SAYING THAT YOU HAVE A NEW WETLAND BOUNDARY THAT IDENTIFIED AFTER IMPACTS HAVE BEEN MADE AFTER YOU DEVELOP TO THAT PERMITTED WETLAND TO FILL SPACE.

AND THEN SO WHAT THE ORDINANCE IS NOW SAYING IS THAT YOU'VE GOT FEET COMING OFF OF THAT ARE A BATTLING BUFFER THAT MAKES SENSE SO IF LET'S TAKE THE CENTER EXAMPLE THAT APPROVED THE IMPACT TO THE WETLAND IS 100 FEET WIDE IN THEORY IN THEORY AND THEN YOU GO TO THE RIGHT WHERE THAT BOUNDARY ENDED FOR THAT IMPACT WE CAN STILL GO BACK OUT FEET SO IN ESSENCE YOU WOULD BE TURNING IN HUNDRED FOOT BUFFER INTO A 50 FOOT. YES YES.

APPROVED BY THE CORPS. YES. OKAY.

I LIKE AND AGAIN THIS IS ALL GOING TO GO TO TERMINATION BUT JUST TRYING TO MAKE THE LANGUAGE A LOT CLEARER FOR APPLICANTS FOR IT. WE WANT IT CLEAR JUST SO TO STAFF UNDERSTAND CLEAR. YES OKAY SO WE'RE THEN GOING INTO MAKING PROPOSED AMENDMENTS TO PROHIBIT MOTORIZED VEHICLES ALONG MULTI-USE PURPOSE MULTIPURPOSE PATHWAYS IN WETLANDS AND WETLAND BUFFERS WITH THE EXCEPTION OF ADA COMPLIANT MOTORIZED WHEELCHAIRS AND VEHICLES FOR MAINTENANCE OR SAFETY IS VERY SIMILAR TO THE GOLF CART ORDINANCE SO IT'S FRESH IN YOUR MIND RIGHT? WE'RE ALSO WANTING TO ADD IN CLARIFICATION THAT CERTAIN DOGS ARE EXEMPTED, ACTIVITIES ARE PERMITTED SO LONG AS THEY ARE CONDUCTED WITHOUT THE THE USE OF HEAVY MACHINERY ALL KIND OF GO OVER WHAT WE MEAN BY HEAVY MACHINERY AS WE GET INTO 9.2 DEFINED TERMS LATER THE PRESENTATION SO WHAT I'M TRYING TO UNDERSTAND NO GO BACK TO YEAH SO WE DON'T ALLOW MOTORIZED VEHICLES IN WETLANDS NOW CORRECT SO WHAT ARE WE ON THE NEXT SLIDE THIS WHAT IS THIS CATEGORY. OKAY SO GO THE LIABILITY COMMITTEE. WHAT I THOUGHT WE WERE KNOW IF YOU DON'T MIND I'LL KEEP GOING AND I CAN IT'S ON THIS SLIDE SO I JUST KEEP GOING BY. SO WE ALSO WANT TO ADD IN A STIPULATION THAT ALTHOUGH A STORMWATER MANAGEMENT FACILITY AND UTILITY LINES MAY BE LOCATED WITHIN THE WETLAND BUFFER THAT WE ARE IN A STIPULATION THAT THE SERVANTS CAN OCCUR NO CLOSER THAN TEN FOOT TO THE EDGE, TEN FEET TO THE EDGE OF THE WETLAND YOU'VE GOT A SEWER LINE AND ALLOWED TO BE IN THE WETLAND BUFFER PER OUR CURRENT ORDINANCE BUT SEWER LINE CAN GO RIGHT UP TO THE EDGE OF THE WETLAND ITSELF WHICH DEFEATS THE ENTIRE PURPOSE OF THE WETLAND BUFFER. RIGHT AND SO WE'RE JUST ADDING IN A CLAUSE THAT NO DISTURBANCE CAN HAPPEN CLOSER TEN FEET TO THE EDGE OF THAT WETLAND. NOW CERTAINLY IF PRIDE IF IT ISN'T FEASIBLE FOR THE PROJECT THEN THEY CAN COME IN AND SUBMIT FOR A WAIVER FOR US TO REVIEW IT LIKE A STAFF LEVEL AND YOU KNOW DO WHAT MAKES SENSE RIGHT FOR THE PROJECT BUT WE'VE JUST ADDED THIS CLAUSE TO HELP THE WETLAND ITSELF. SO YOU'RE SAYING TEN FEET FROM THE 50 FOOT BUFFER? NO, NO. SO FROM THE ACTUAL WETLAND AND FROM THE ACTUAL WETLAND BECAUSE AGAIN THESE ARE ALLOWED ACTIVITIES CURRENTLY UNDER OUR THAT CAN HAPPEN WITHIN A BUFFER BUT IT DOESN'T SPECIFY WHERE WITHIN THE BUFFER THESE

[00:25:02]

SO SAY THAT SOMEBODY WENT IN 2030 FEET AND YOU'RE SAYING THAT THEY CAN DO SOME OF THAT NOW I THOUGHT SAID WELL THE WETLAND HILL ITSELF I PERSONALLY DON'T KNOW ABOUT THAT OUR CONSULTANT MIGHT BE ABLE TO SPEAK TO THAT A BIT BETTER BUT FROM CERTAINLY OUR EXPERIENCE IN WATERSHED WITH DEVELOPMENT YOU CAN GO IN AND STABILIZE BUT DEPENDING ON WHAT IT IS A SEWER LINE YES YOU CAN COVER UP GROUND RIGHT. BUT IF SOMEONE WERE TO PUT A POND IN THERE YOU'VE GOT AN OUTFALL CONTROL STRUCTURE. WELL THAT'S ALWAYS GOING TO BE A CONCRETE STRUCTURE RIGHT ON THE EDGE OF THE WETLAND. SO IT'S NOT REALLY HEALING ANYTHING IF THAT SO WHAT WOULD THAT DO TO HURT THE WETLAND? I MEAN WHAT WOULD THE WELL IT'S JUST IT'S NOT WELL FIRST OF ALL I GOT TO SAY THIS POINT I'M JUST THINKING ABOUT IT.

I DON'T KNOW THAT ANYBODY WOULD WANT TO PUT UTILITIES OR ANY OF THAT IN A WETLAND IF THEY KNOW THEY CAN'T BUILD ON THE BUFFER. YOU KNOW WHAT I MEAN? I DON'T SEE THE ADVANTAGE OF GOING INTO A WETLAND TO PUT SEWER LINES OR ANYTHING ELSE OUR ORDINANCE ALLOWS IN ORDER TO GET TO MORE EXPOSURE AND THE BUFFER IF THE BUFFER IS THERE THEY CAN'T BUILD ON IT OR USE IT FOR ANYTHING ELSE ANYWAY IT SEEMS LOGICAL TO ME THAT THAT YOU WOULDN'T WANT TO GO INTO THE WATER TO DO SOMETHING IF YOU CAN DO IT ON DRY LAND.

SURE. NO I AGREE IT'S JUST THE CURRENT ORDINANCE ALLOWS FOR THAT ACTIVITY TO OCCUR THE WETLAND BUFFER AND SO IT'S SORT OF THIS THIS YOU KNOW, STAFF TAKING A STEP BACK AND GOING OKAY, WAIT A MINUTE IS IN ALLOWING THIS ARE WE DEFEATING POINT OF THE PURPOSE OF A WETLAND BUFFER? AND SO BY ADDING IN SORT OF THIS BACK UP A LITTLE BIT FROM THE WETLAND ITSELF, IS THAT THEN HELPING SOMEBODY HELP ME? I THINK IT'S I THINK I UNDERSTAND AND I THINK IT'S OKAY WHAT YOU'RE WHAT YOU'RE PROPOSING AND YOU KNOW, I'M THINKING THAT I WANT TO ADMIT TO A CRIME HERE BUT YOU KNOW, WHEN I WAS DOING CONSTRUCTION I THINK OF GOING OUT ON TO 78 TOWARD HARDY VILLE AND YOU KNOW HOW THAT IS ON EACH SIDE AND I PUT POWER LINES DOWN TO THEIR MARY BEARING LINES AND I ACTUALLY HAD TO GO BECAUSE THE ROAD SLOPED OFF BUT RIGHT THERE IS WHEN THE WATER AND EVERYTHING PICKED UP AND SO I ACTUALLY HAD TO NAVIGATE THAT LINE SO YOU KNOW WAS I ON THE EDGE OF THE BUFFER DEVIATED SLIGHTLY OCCASIONALLY POSSIBLY SO I CAN SEE THAT YOU KNOW STUFF LIKE THAT HAPPENS SOMETIMES SPACE THAT YOU ARE WORKING AND YOU HAVE CONSTRAINTS AND YOU KNOW I DON'T KNOW HOW OFTEN WE'RE GOING TO EXPERIENCE THAT BUT I KNOW I'VE EXPERIENCED YEAH I GUESS I'M JUST VISUALIZING THE WETLANDS GOING TO BE A STRAIGHT LINE LIKE THIS. DYAS YOU KNOW BUT I MEAN IF YOU GOT TO STAY TEN FEET OFF OF IT THEN YOU'RE GOING TO BE ZIGZAGGING ALL AROUND AND I DON'T KNOW I DON'T KNOW THAT THAT WOULD EVEN BE FEASIBLE. YOU KNOW, IT'D BE A LOT HARDER TO DO THAN STRAIGHT. WELL THIS WOULDN'T HAVE ANYTHING TO DO WITH BORING WOULD IT? I MEAN YOU COULD BORE UNDER A WHAT.

YEAH I IN COMMENT I MEAN I GET YOUR POINT ON THIS AND I DON'T KNOW HOW YOU GOING TO GET AROUND THAT BECAUSE YOU'RE RIGHT IT'S NOT A STRAIGHT LINE SO I THINK I'M WITH INDIAN ON THIS OKAY NO THAT'S PERFECT YOU KNOW NOT SAY WE CAN'T DISCUSS IT AT ANOTHER TIME BUT I'M NOT I DON'T THINK THAT'S OKAY YEAH THAT YOU HEAR ENOUGH TO WANT TO COMMENT BUT I KNOW ENOUGH TO BE STUPID. BASICALLY WHAT THEY'RE PROPOSING IS YOU KNOW WHERE WE

[00:30:01]

AND THEY'RE SUGGESTING MAKING THEM STAY BACK TEN FEET AND ONE OF THEM FROM THE THAT BUT FROM THE ACTUAL WETLAND I JUST SEE THE IMAGES WE'RE GOING THROUGH SO MANY DIFFERENT SHAPES AND ANGLES AND STUFF LIKE THAT AND I DON'T REALLY THINK A UTILITY IN A WETLAND OR ON THE EDGE RIGHT THERE IS DAMAGING. IT'S GOING TO GROW OVER SOONER OR I WOULD THINK AFTER KINDERGARTEN AND B IT OR HEAL ITSELF HEAL ITSELF IF THEY IF THEY DID BORE IF THEY DID DO ANY DISTURBANCE YOU KNOW I CAN SEE NATURE HEALING ITSELF WHICH IS ALL THE TIME RIGHT NOW BUT THE WHOLE POINT TONIGHT APPRECIATE IT AND GETTING TO WHAT YOU ASKED EARLIER SO WE ARE LOOKING TO INCLUDE A LIST OF ALLOWED ACTIVITIES WITHIN A WETLAND AGAIN CURRENTLY THE ORDINANCE SAYS NO TOUCH OF A WETLAND. RIGHT.

BUT WE WANT TO BE KIND OF REALISTIC ABOUT WHAT PROJECTS MIGHT ENTAIL WITHIN OR NEED TO OCCUR WITHIN A WETLAND ITSELF SUCH AS THE CONSTRUCTION AND MAINTENANCE OF PUBLIC BOARDWALKS, MULTI-USE PATHWAYS OR EVEN WATER DEPENDENT STRUCTURES SUCH AS DOCKS, BOAT RAMPS ALL OF THAT WOULD BE WITHIN THE WETLAND AND SO THERE WAS SORT OF THIS DESIRE TO INCLUDE THAT FOR THE PUBLIC WITH ANY WETLAND HOUSE COMMENTS FROM COUNSEL NO QUESTION THAT'S NORMAL. YOU SEE THAT PRETTY MUCH EVERYWHERE.

YEAH. I WAS JUST GOING TO ASK YOU KNOW IN ADDITION TO THAT LISTEN I'LL GO BACK IF YOU'D LIKE BUT WAS THERE ANYTHING ELSE THAT MAYBE WE DIDN'T INCORPORATE THAT YOU WOULD LIKE TO SEE AS AN ALLOWABLE USE AND ALLOWABLE ACTIVITY RATHER WITHIN A WETLAND GO BACK? I THINK PRETTY MUCH THE WAY IT'S WORDED THERE IT'S KIND OF LIKE THE OCR LIKE THIS. YES, RIGHT. YEP.

SO YOU COULD BUILD A BOARDWALK OR A DECK OR SOMETHING YOU JUST CHANGE THE FLOW OF STORMWATER.

YEAH. WILL SAY WE'VE ALSO ALIGNED ALL OF THIS WITH THE COASTAL ZONE MANAGEMENT PLAN WHICH OUTLINES EVERYTHING YOU CAN DO AND A WETLAND AND PERMITTED USES THINGS LIKE THAT TO LIMIT ACCESS TO THIS QUESTION HAVE YOU SEEN SOMETHING IN OUR REGION OR IN THE STATE WHERE THIS PROBLEM CAUSED A PROBLEM? ACTIVITIES WITHIN WETLANDS IN SOUTH? SO AGAIN WE'RE UNIQUE IN THAT WE'RE THE FIRST MUNICIPALITY IN THE STATE TO REALLY HAVE LIKE A COMPREHENSIVE WETLAND ORDINANCE WHERE WE SAY YOU CAN'T DO ANYTHING IN WETLANDS. NOW DIFFERENT MUNICIPALITIES ACROSS THE STATE HAVE DIFFERENT REGULATIONS ABOUT IT CAN BE IN A WETLAND IF IT'S ELEVATED YOU KNOW ETC. ETC. OTHERWISE AREN'T REGULATIONS AT THE MUNICIPAL LEVEL YOU ONLY HAVE STATE REGULATIONS WHICH IS UNDER THE COASTAL TOWN MANAGEMENT PLAN AND THIS LIST IS IS INCLUDING IS IN THAT COASTAL ZONE MANAGEMENT PLAN. SO BUT ARE YOU NO YOU HAVEN'T SEEN ANYTHING NO PROBLEMS? NO NO PROBLEMS WITH ACTIVITIES IN THE WETLANDS. IT'S JUST AGAIN, YOU KNOW, IF WE'RE WE AS A TOWN ARE THINKING ABOUT WHAT MAKES SENSE THE FUTURE AND THAT OUGHT TO INCLUDE A BOARDWALK. LET'S SAY WELL UNDER THE CURRENT ORDINANCE WE CAN'T DO A BOARDWALK IN A WETLAND. SO WE WOULD HAVE TO REALLY THINK REALISTICALLY ABOUT WHAT WE MIGHT WANT TO DO IN THE FUTURE. THE BOARDWALKS DON'T THE WETLANDS CORRECT. BUT YOU MEAN SO EVEN NOW CORPS PERMITS ARE ISSUED FOR BOARDWALKS THROUGH WETLANDS ON A JURISDICTIONAL WETLAND AND SO AGAIN THE CURRENT ORDINANCE IN THE TOWN YOU CAN'T ANYTHING INSIDE OF A WETLAND INCLUDING A BOARDWALK I'M GOING TO WITH YOUR LANGUAGE. OKAY. SO YOU SAY WE CAN'T DO ANYTHING CURRENTLY AND SO WE'RE PROPOSING THIS LIST OF ALLOWED WITH BASICALLY EXEMPTIONS FOR ACTIVITIES WITHIN ISLAND BUT I'M GOOD WITH OKAY AWESOME. OKAY GETTING INTO THE REALLY TECHNICAL OF IT SO THE OF THE PROTECTION TO GUARANTEE FUTURE WELL AND PROTECTIONS ASSURANCES FOR THE PROTECTION OF WETLANDS WILL BE PROVIDED BY THE APPLICANT AS PART OF THE APPLICATION OR CERTIFICATION AND THIS MAY TAKE THE FORM OF DEED CONSERVATION EASEMENTS OR PERMIT RESTRICTIONS. OTHER ASSURANCES AS APPROVED BY THE UEO ADMINISTRATOR THESE

[00:35:05]

SO AGAIN WE WANTED TO PROVIDE OPTION FOR AN APPLICANT TO JUST ENSURE THAT THERE ARE FUTURE PROTECTIONS OF A WETLAND MEANING FOR SUBSEQUENT PROPERTY OWNERS OF A WETLAND THAT WE WANTED TO PROVIDE OPTIONS SO THAT THE ONLY THING THAT IT WASN'T SO THAT THEY HAD OPTIONS BEYOND THAT WAS ONLY A FINANCIAL BURDEN SUCH AS A CONSERVATION EASEMENT DEED RESTRICTION BECAUSE THEY CAN BE PRETTY EXPENSIVE AND THEY MIGHT MAKE SENSE FOR A LARGE TRACT OF LAND THAT HAS A LARGE WETLAND SYSTEM BUT MIGHT NOT BE AS YOU KNOW, FEASIBLE FOR A SMALLER WETLAND ISOLATED WETLAND. JUST ONE OF YOUR THOUGHTS ON THAT VERY AND I ALMOST WISH LEGAL WAS HERE BECAUSE IT'S ACTUALLY SOMETHING THAT WAS LEGAL RECOMMENDATION IN ADDITION TO OUR CONSULTANTS TO IMPLEMENT SOMETHING YOU KNOW IT'S GREAT IF WE HAVE A WETLAND SHOWN ON THE SURVEY BUT WHAT IS THE TOWN DOING BESIDES ENFORCING UNPERMITTED FILLING OF WETLANDS? WHAT ARE WE DOING TO ENSURE THAT THAT WETLAND IS PROTECTED IN THE FUTURE SO KIND OF WHERE WE'RE KIND OF WHERE OUR HEADS WERE AT THE YOU KNOW INCREASING THE BUFFERS OR OR ENFORCING THE BUFFERS THAT WE HAVE WOULD BE PROTECTING THE FUTURE OF IT. I MEAN UNLESS SOMEBODY WENT HOG WILD AND WENT IN THERE WITH A HIGH AND STARTED DIGGING WHERE THEY'RE NOT SUPPOSED TO THEN NATURALLY THEN THAT WOULD BE A VIOLATION TO THE ORDINANCE RIGHT? SO YOU WOULD HAVE TO TAKE THEM ENFORCEMENT ACTION ON TRYING TO SIGN IN THE PAPER THAT SAYS THEY'RE NOT GOING TO BASICALLY IS SO DOES THE PROPERTY OWNER HAVE TO COME IN APPLY FOR THAT YEAH.

SO AGAIN IT'S JUST AN OPTION FOR THEM AND AGAIN IT CAN WHY WOULD THEY DO THAT? I MEAN I'M JUST LIKE WHY WOULD A PROPERTY OWNER COME IN APPLY FOR THAT BECAUSE IT'S A LOT CHEAPER THAN TO DO A CONSERVATION EASEMENT OR WHAT IT ONE OR THAT? I MEAN DO THEY HAVE TO DO SOMETHING? OKAY.

SO WE'RE REQUIRING THEM TO DO SOMETHING EITHER CONSERVATION EASEMENT OR YES THAT'S CORRECT.

SO IT WOULD BE PART OF THEIR PROCESS FOR IMPACTING THE YEAH THEY WOULD ONLY HAVE TO DO THIS IF THEY'RE COMING IN TO GET A PERMIT IMPACT THE WETLANDS SO IF THEY COME IN AND SAY HEY I TO IMPACT THIS WETLAND THROUGH THE CONSTRUCTION OF A MULTIPURPOSE PATH THROUGH THERE THEY'RE GOING TO THEN COME IN AND ADJUST THE ACTUAL PATH OF THE WETLAND THEY WOULD THEN HAVE REDEFINE THAT ON THEIR SURVEY AND EITHER DO SOME SORT OF ASSURANCE WITH US THAT THEY AREN'T GOING TO TOUCH THE WETLAND AGAIN FOR AT LEAST FIVE YEARS.

SO NOBODY'S GOING TO COME IN AND HAVE TO DO THIS UNLESS THEY'RE ACTUALLY TOUCHING AND AMENDING THE WETLAND THANK YOU . WANT TO GET YOUR THOUGHTS ON SO THIS BASICALLY GIVES THEM PERMISSION TO ONCE AGAIN THAT ONCE THEY'RE DONE AND THEY'RE APPROVED AND THEY'RE WITH THEIR PARENTS AND PROTECTION VERSUS THEIR AND THEY'RE TRYING TO FIND A NEW BOUNDARY THEY CAN BACK AND DO IT AGAIN FOR A PERIOD OF TIME.

YEAH SO IN OTHER WORDS THEY CAN'T JUST KEEP BACK TIME AFTER TIME TO KEEP AMENDING IT LIKE ONCE THEY DO IT ONCE THEY'VE GOT TO WAIT FOR A WHILE TO COME BACK AND DO AGAIN.

BUT THE OTHER THING WE NEED THEM TO DO IS TO REDEFINE THE NEW BOUNDARY LIKE YOU SAW WHERE ANDREA SHOWED YOU LIKE WHERE THE WHERE IT WAS AND THEN THEY GOT A PERMIT AMEND IT.

SO WHAT WE NEED THEM TO DO IS TO GO ON THE PLAYA AND SHOW WHERE THAT NEW PATH IS TO IDENTIFY THAT AND THEN THE ASSURANCE OF PROTECTION SAID THAT THEY AREN'T GOING TO TOUCH IT AGAIN FOR A WHILE SO THEY JUST DON'T KEEP COMING BACK TO SHRINK IT OR ADJUST IT.

[00:40:04]

SO THEY'RE ALLOWED TO PUT A SEWER LINE OR UTILITY IN THE WETLAND BUFFER.

SO HOW ARE THEY GOING TO DO THAT IF THEY CAN'T USE MACHINERY THAT WOULD BE A PERMANENT ACTIVITY. SO THE EQUIPMENT ASSOCIATED WITH THAT PERMITTED ACTIVITY WOULD CERTAINLY BE ALLOWED. YEAH, THIS IS JUST ANY LIMB REMOVAL ANY ACTIVITIES THAT ARE ON THE DAY TO DAY THAT ARE NOT ALREADY UNDER THAT LIST OF EXEMPTIONS YOU MAY DO WITHOUT THE USE OF HEAVY MACHINERY. WHAT ABOUT A BOLT? A BOLT IF A BOLT WAS IN IN WETLAND AREA. THEY HAD TO REMOVE IT IF IT WAS IN A WETLAND BUFFER BECAUSE THEY MAKE IT A SERIOUS CONSIDERATION THAT ONE I DON'T IT'S REALLY JUST MEANT TO ADD CLARITY. I MEAN THE ONLY TIME WOULD USE HEAVY EQUIPMENT OR BUFFER WOULD BE TO LIKE YOU SAY GET A GET SOMETHING OUT OF IT.

RIGHT. THAT'S THE MOST FREQUENT CALL AS WE GET TO REPAIR A SEWER LINE OR A WATER LINE OR SOMETHING DAMAGED OR BROKEN OR WHATEVER.

YEAH. WHICH AGAIN THERE WAS WAS ACTIVITIES AND THIS IS SORT OF LIKE THE KIND OF ONE OFF WE GET A CALL FROM A RESIDENT SAYING AND I GO OUT THERE THEY WANT TO PULL IT OUT SO I'M CURIOUS SO AND YOU YOU MAY HAVE ALREADY ALLUDED TO THIS AND I'M SORRY MY MIND STUCK BACK ON HIGHWAY 278. I KNOW CAROL YOU THAT WHEN I DID THAT JOB YEARS AGO THE TOLD ME IF I COULD GET DOWN THE TREES, THE WETLANDS LINE THERE I JUST COULDN'T REMOVE SOMETHING WHICH IS LIKE WHAT MAKES SENSE SO IS THAT TREE APPLICATION AN EXAMPLE THAT I JUST GAVE IS IT PART OF THIS OR IS THAT NOT ANYTHING TO DO WITH IS A TREE REMOVAL PERMIT SOMETHING TO DO WITH IT BUT THAT'S THAT'S WHAT WE HAVE TOLD PEOPLE. I'M GOING TO USE A HALL AS AN EXAMPLE BECAUSE THAT'S THE ONE THAT'S COMING TO MIND WHERE THEY'VE TREES THAT HAVE FALLEN IN THE BUFFER IN THE WETLAND AND THAT HAS BEEN OUR RESPONSE THAT WELL YOU'RE NOT ALLOWED TO USE HEAVY MACHINERY IN THE WETLAND AND SO UNLESS YOU WERE REALLY STRONG AND CAPABLE OF PULLING IT OUT YOURSELF BY HAND YOU CAN'T DO ANYTHING. YOU HAVE TO LET IT LIE. BUT AGAIN BY DEFINING EXACTLY WHAT IS MACHINERY THEN THAT JUST HELPS PEOPLE UNDERSTAND THAT YOU CAN GO IN THERE WITH YOU KNOW CAN MOW GRASS IN A WETLAND BUFFER RIGHT THAT'S ALLOWED BUT YOU CAN'T GO IN THERE WITH HEAVY DUTY EQUIPMENT AGAIN ANYTHING THAT QUALIFIES AS HAVING WITH THAT EXAMPLE COULD THEY GO IN WITH SOME SORT OF MACHINERY AND TAKE GET THE TREE OUT IF IS NOT LISTED UNDER HEAVY MACHINERY IF IT'S NOT A HEAVY MACHINERY DO YOU HAVE A LIST? I MEAN YEAH. DO YOU KNOW WHAT PROBLEM IS? IT'S THAT CHANCE.

I MEAN WHAT DO WE WHAT DO WE I'M TRYING TO UNDERSTAND WHAT THE BIG DAMAGE DEAL OR WHATEVER WHAT WAS THE HEAVY EQUIPMENT GOING TO DO TO THE WETLAND? I UNDERSTAND IN THE WETLAND BUT IN THE BUFFER I MEAN UNLESS I GO THERE AND WANT TO DIG A HOLE I MEAN I KNOW THEY WOULD HEAVY WOULD CHEW IT UP AND I DON'T KNOW WHETHER IT'S A BUFFER IT'S A GRASS NATURAL IS IT GRASS IS IT THINK THE DRAINAGE YEAH IS THAT IT IS JUST SO I AROUND JUST LESS PHYSICAL IMPACT ON

[00:45:11]

YEAH WELL STILL BE REASONABLE TO YEAH. SO YOU ASKED WHAT WOULD CONSTITUTE HEAVY MACHINERY WITH THE TREE EXAMPLE LIKE CAN THEY GET IN THERE AND GET THE TREE IS FINE. I WANT TO MAKE SURE THAT WE'RE NOT GOING TO USE IT FOR A TREE.

SO WHAT SHE'S THAT'S WHAT I'M SAYING YOU COULD GO IN THERE WITH A CHAINSAW OR SOMETHING THAT DOESN'T THE DEFINITION OF HEAVY MACHINERY AND REMOVE THAT TREE BY HAND.

YES YOU COULD GO IN GO IN WITH A GATOR. YEAH ANYTHING THAT WOULDN'T BE LARGE POWERFUL HEAVY DUTY BLADDER PER OUR DEFINITION THERE'S A SIDE BY SIDE COMES TO DO IT PROVIDES SPECIFIC EXAMPLES OF YOU WON'T WANT TO READ IT BUT YEAH IT'S JUST TALKING ABOUT EXCAVATORS, LOADERS, FORKLIFTS YOU KNOW DUMP TRUCKS, BIG EQUIPMENT.

SO NO BY THIS DEFINITION WOULD NOT CONSIDER ANYTHING THAT TRAILER COULD BE HEAVY EQUIPMENT SO YOU COULD GO IN THERE WITH LIKE A SIDE BY SIDE A TRAILER AND A CHAINSAW AND DO SOME WORK. YEAH, THAT'S TRUE. THINK THERE'S JUST SORT OF HOW TO ANSWER THAT QUESTION. I'M LIKE WHAT CAN I ACTUALLY USE TO REMOVE ANY TREES? I STILL HAVE RESERVATIONS ABOUT THIS BECAUSE INVASION OF OUR THINGS I MEAN YOU KNOW 80 OR 90 FOOT TREE YOU KNOW PINE TREE IT MAY BE FALL OVER THE 50 FOOT BUFFER ONTO SOMEBODY'S HOUSE AND WE'RE TELLING THEM THAT THEY GOT TO CUT IT WITH A CHANGE.

SO INSTEAD OF COMING IN THERE WITH A MODERN YOU KNOW, MODERN DAY THE WAY THEY DO TREES NOW I WILL SAY A GIANT WELL AND I WAS JUST GOING TO SAY THAT THE ALL THE EVERY SECTION OF THE VIDEO HAS THAT CAVEAT ABOUT IF IT'S AN ACT OF GOD, IT'S ANY ACTIVITIES ASSOCIATED WITH THAT THAT ARE EXEMPT. WELL EVERY TIME A TREE FALLS MOST OF THE TIME WELL YEAH KOREA MADE THEM ALL NATURAL DISASTER IS REALLY WHAT HAPPENED IF THERE IS A HURRICANE PRETTY MUCH ALL OF OUR ORDINANCES ALLOW FOR US TO GIVE SPECIAL EXEMPTIONS TO ALLOW PEOPLE TO GET IN AND ADDRESS ISSUES THAT ARISE FROM THE HURRICANE.

YEAH THE MAIN PROBLEM IS IS TO KEEP THEM FROM TAKING ADVANTAGE IS THIS KEVIN OR WHATEVER WHOEVER IS THIS PERSON IS BUSY WORKING IN HERE MAINLY BECAUSE OF CONTRACTORS AS THEY'RE DEVELOPING USING THE BUFFER FOR LIKE STORAGE OR A ROAD OR OKAY WELL WARREN WE ALL JUST TELL US JUST LIKE HISTORICALLY LIKE THIS LANGUAGE BEEN AND SINCE I STARTED MY PROFESSIONAL CAREER OVER 20 YEARS AGO THAT THIS IS A TYPICAL TERM THAT'S ALWAYS AND QUITE FRANKLY WHAT I'VE SEEN IN THE FIELD IT'S BECAUSE WHEN PEOPLE ARE BUILDING TYPICALLY THEY'RE GOING TO BUILD RIGHT UP UNTIL THAT BUFFER WELL HOW CAN YOU CONSTRUCT IT WITHIN THAT LITTLE PIECE? SO THIS PREVENTS PEOPLE FROM BLATANTLY ESSENTIALLY DESTROYING THE BUFFER WITH THEIR HEAVY EQUIPMENT AND THEN SAYING WELL I DIDN'T DISTURB ANYTHING. I JUST REMOVE SOME THINGS AND. YOU KNOW YOU'VE GOT THAT IMPACT ON THAT GROUND. SO IT'S IT'S IT'S IT IT HELPS BOTH AND I CAN ENVISION THAT HAPPENING MORE SO THAN I CAN ANY OTHER REASON FOR IT OF COUNSEL SOMEBODY VOICE OPINION OR SO I'M GOOD YOU KNOW WHAT WE WHAT THEY SAID WHAT THEY'RE RECOMMENDING WELL I THINK TO ME WE'VE HEARD THERE'S SOME CONCERNS AND QUESTIONS WE CAN REFINE IT AGAIN AND AGAIN.

THIS IS WORKSHOP. SO YOU'RE GOING TO IT'S GOING TO GO THROUGH PLANNING COMMISSION AND EVERYTHING. SO COME BACK WITH AMENDED LANGUAGE OR IN HOPES OF GETTING WORK. LASTLY WE'RE LOOKING TO REVISE THE DEFINITION OF WETLAND DELINEATION CURRENTLY ORDINANCE SPECIFIES AN APPLICANT HAS TO PROVIDE AN UPDATED DELINEATION IF PREPARED MORE THAN THREE YEARS PRIOR TO THE DATE OF APPLICATION.

WE'RE TO CHANGE THAT TO FIVE AND THAT'S TO ALIGN WITH THE ARMY CORPS LIFESPAN OF WETLAND DELINEATION AS WELL AS THE STATE'S BUREAU WATER OR FORMERLY OCR M DELINEATION.

IT JUST KIND OF MAKE IT ALL MAKES SENSE. WE'RE ALSO ADDING LIKE SPECIFYING WHO CAN PROVIDE A DELINEATION SAME THING IF AN APPLICANT COMES IN AND WE SAY YOU WANT YOUR TO PROVIDE US WITH A DELINEATION THEY GO WHO CAN PROVIDE ONE NOW WE HAVE A LIST OF EXACTLY WHO CAN PROVIDE A DELINEATION FOR THEM BUT HOURS BEFORE THERE WAS THERE WAS NO NO TO TELL US WHO CAN READY THE WETLAND DELINEATION SHALL BE COMPLETED BY AN INDIVIDUAL WITH KNOWLEDGE AND EXPERIENCE AND IN IDENTIFYING THE BOUNDARIES OF INCLUDING BUT

[00:50:01]

SO THIS WAS JUST OUR ATTEMPT TO AT LEAST DEFINE IN SOME WAY MORE ACTUALLY LESS DEFINE IT MORE DESCRIBE. YES. BUT BECAUSE WE DIDN'T TO PUT THE ONUS ON I MEAN AN ARCHITECT OR AN ENGINEER DOESN'T NECESSARILY EVEN HAVE THE EXPERIENCE. SO IT'S IT'S A DIFFICULT TO DESCRIBE.

SO I WILL SAY THAT AGAIN WE'RE GOING TO GET TO TIMELINE LATER BUT DURING THE FORMAL COMMENT PERIOD WE DO PLAN TO EXPOSE LEAST SEND THIS OUT FOR COMMENT TO YOU KNOW, ENVIRONMENTAL CONSULTING FIRMS WHO HAVE BEEN PROVIDING WETLAND DELINEATIONS TO PROPERTY OWNERS.

AND SO CERTAINLY THIS IS SOMETHING I'D BE HOPING THEY COME TO GIVE US.

THEY'RE QUITE LITERALLY AS THE EXPERTS THEIR FEEDBACK IF WE NEED TO TWEAK THE LANGUAGE TO INCLUDE ANOTHER PROFESSIONAL LIKE YOU KNOW SO THAT PERSON THAT DOES THAT IS AN EMPLOYEE OF THE TOWN IT DOES TELL ME YOU KNOW PRIVATE SECTOR PRIVATE SECTOR SO ANYONE WITH THOSE DEGREES CAN MAKE THAT DETERMINATION AS LONG AS IT'S PUBLIC HEARING TO FEEL THAT SURFACE AS LONG AS THEY'RE STILL ADHERING TO THE CAUSE MANUAL FOR IDENTIFYING DELINEATE WETLANDS. IT'S NOT LIKE YOU JUST GET THIS DEGREE AND YOU'RE GOOD TO GO BUT IT'S JUST KIND OF HELPS US KEEP PEOPLE WHO ARE NOT FAMILIAR WITH FROM IDENTIFYING WETLANDS AGAIN WE KIND OF ALREADY COVER THIS. I LITERALLY JUST WANTED YOUR THOUGHTS AND COMMENTS ON THE PROPOSAL AND REVISED DEFINITIONS BUT Y'ALL DON'T HAVE ANYTHING ELSE TO CONTRIBUTE. I'LL KEEP GOING WE'RE ALMOST DONE GUYS LEARN FROM KEVIN IT'S A GOOD MARK GETTING INTO THE FUN PART.

OKAY SO AS WELL SLIDES YEAH THAT'S GOING ALL RIGHT SO WHILE FIELD DELINEATION OF WELL AND BOUNDARIES WILL BE THE ULTIMATE DETERMINANT OF WHERE WETLANDS AND ASSOCIATED BUFFERS ARE LOCATED, THE TOWNS MAPPING TOOL WHICH IS PLANNED TO GO LIVE WITH THE ADOPTION OF THE PROPOSED AMENDMENTS WILL ALLOW FOR BOTH THE TOWN AND THE APPLICANT TO KNOW ADVANCE WHICH AREAS OF THE SITE ARE LIKELY TO HAVE WETLANDS AND THEN PLAN IN SHORT THE APPROACH TO CREATING THIS MAPPING TOOL INVOLVED CONDUCTING AN OVERLAY AN ANALYSIS WHICH IS ESSENTIALLY A SCREENING OF SEVERAL WETLAND INDICATORS THAT CONSULT AND THEN COMBINE A SCREENING WITH FIELD VERIFIED WETLAND LOCATIONS TURN ON APPROVED PLANS THAT WILL BE PROVIDED TO THEM OF TOWN PROJECTS OR PROJECTS IN THE TOWN RATHER THAN SCIENTIFIC METHODOLOGIES AND STATISTICAL ANALYZES TO DETERMINE LIKELY LOW MEDIUM TO HIGH IT IS THAT A WETLAND IS PRESENT A PARTICULAR LOCATION SO AS YOU'LL SEE THIS SNIPPET IS ACTUALLY OF THE WETLAND MAPPING TOOL ON YOUR SCREEN AND YOU'VE GOT THE YELLOW BEING LOW UP TO RED BEING HIGH.

THAT IS THE LOW TO HIGH POTENTIAL OF WHETHER OR NOT A WETLAND PRESENT WE'RE LOOKING AT LIKE BASICALLY LESS THAN 20% CHANCE OF A WETLAND BEING PRESENT BASED OFF OF THOSE WETLAND INDICATOR CRITERIA FOR LOW AND THEN TO 50% FOR A MEDIUM AND THEN ANYTHING THAN 50% CHANCE WOULD BE OF A HIGH POTENTIAL FOR A WETLAND. OKAY.

SO ESSENTIALLY THIS MEANS THAT APPLICANT OF A PROPOSED PROJECT SITE SHOWING A MEDIUM OR HIGH WETLAND POTENTIAL WILL NEED TO PROVIDE A WETLAND DELINEATION PART OF THEIR DEVELOPMENT APPLICATION AND OR STORMWATER PERMIT WHERE THERE IS A CONFLICT BETWEEN THE DELINEATION AND OUR TOWN WETLAND MAPPING TOOL WE'RE GOING TO USE THE WETLAND DELINEATION AND LAST THERE ARE MAJOR DISCREPANCIES FOR EXAMPLE IF THE WETLAND MAPPING TOOL THAT WE IS SHOWING A GIANT BRIGHT RED HIGH POTENTIAL ON BEING OUR PROPERTY AND WE GET DELINEATION BACK THAT SHOWS NOTHING NOT A AT ALL THEN WE AS STAFF ARE JUST GOING TO WANT TO EITHER A SECOND DELINEATION DONE OR JUST FIELD WE'LL VERIFY JUST TO ENSURE THAT WE'RE NOT

[00:55:02]

YOU CAN EVEN SEE JUST AS LIKE THIS GRAPHIC THAT OUR CONSULTANT GENERATED THE OVERLAY ANALYSIS THE TOWN'S WETLAND FOR WETLAND MAPPING TOOL IS REALLY GOOD AT PICKING UP THESE SMALLER ISOLATED WETLANDS WHEREAS THEY WHY HASN'T BEEN UPDATED SINCE LIKE 2011 AT THE EARLIEST AND SHOWING THESE ONLY SHOWING THESE LARGER WETLAND SYSTEM SO THE MAPPING IS STILL IN ITS BETA TESTING STAGE ALTHOUGH THERE MIGHT A FEW KINKS WE'LL KIND OF HAVE TO WORK THROUGH AS STAFF ARE IN OUR THOUGHT IS THAT THIS WILL BE AN INCREDIBLY USEFUL TOOL NOT ONLY FOR STAFF TO KIND OF HAVE THE HEADS UP OF YAY NAY ON A WETLAND ON A PROPERTY RIGHT BUT ALSO FOR ANY CURRENT PROSPECTIVE PROPERTY OWNERS LOOKING TO DEVELOP THEIR LAND THEY HAVE A KIND OF CLEAR EXPECTATION OF HOW LONG OR SHORT THEIR PROCESS MIGHT BE IN TERMS OF PERMITTING WITH THE TOWN AND THAT WILL BE DONE FOR WHOLE TOWN, CORRECT? YES. IT'S TOWN WIDE MAPPING. YOU ALL HAVE ANY THOUGHTS ON THAT? OBVIOUSLY VERY TECHNICAL. BUT HOW OFTEN OR WOULD WE RENEW THIS SO IT'LL BE DONE AT THE VERY LEAST ANNUALLY BECAUSE WE'LL GET THE ANNUAL AERIAL IMAGERY FOR THE ENTIRE TOWN. BUT WE CAN ALSO UPDATED AS DEVELOPMENT PROJECTS OUT AND GIVE US THEIR GIVE US INFORMATION AND IT'LL BE DONE IN-HOUSE BY STAFF AGAIN INSTEAD OF HAVING RELY ON ANYONE ELSE OUTSIDE. IT SEEMS LIKE A LOT OF WORK IS REALLY EXPENSIVE WELL BILL'S PART TIME AND WE WANT TO KEEP HIM BUSY RIGHT NOW PART TIME THAT MIGHT BE TRUE IT WILL BE A LITTLE BIT TIME CONSUMING ESPECIALLY AT THE START BUT ONCE WE GET THIS ROLLING OUT IT SHOULD BE AND DATA OUT JUST LIKE WE DO ANY OF OUR OTHER GIS ANALYSIS AND GATHERING IT SHOULD BE PRETTY STRAIGHTFORWARD.

IT SEEMS LIKE WOULD BE A VERY HELPFUL TOOL AND A GREAT THING TO HAVE.

I MEAN AND JUST AGAIN IT'S NOT MEANT TO REPLACE THE NWA. THE NWA IS STILL A RESOURCE.

HOWEVER THIS IS CERTAINLY GOING TO BE MORE ACCURATE. I LASTLY HERE'S OUR TENTATIVE TIMELINE OBVIOUSLY ARE STARTING OFF WITH YOU GUYS TONIGHT. I MENTIONED EARLIER WE HAVE A 30 DAY PUBLIC COMMENT PERIOD STARTING NEXT WEEK AND THEN WE'LL HAVE TIME FOR OUR CONSULTANT TO REVIEW THE ANY YOU KNOW FEEDBACK WE GET DURING PUBLIC COMMENT PERIOD BEFORE WE GET INTO A PLANNING COMMISSION WAY BACK PLANNING COMMISSION ITSELF AND THEN TEN TIVELY IN FRONT OF YOU GUYS FOR FIRST READING IN JUNE AND SECOND READING IN JULY.

WELL THAT PUBLIC COMMENT PERIOD WILL ABOUT GO OUT AND SOCIAL MEDIA AND THEN YEAH SO THEY'VE THAT RELEASES ALREADY READY TO GO YES YOUR GOAL VERY SIMILAR WHAT WE DID WHEN WE DID THE SO LOW CODE STANDARDS IS TO MAKE SURE THAT WE TRY TO SEND IT OUT TO LIKE SHE SAID EARLIER PEOPLE THAT DO THE DELINEATION AND PEOPLE THAT SUBMIT THESE FOR US SO THEY GET A CHANCE TO MAKE SURE THEY KNOW WHAT'S COMING IN REVIEW IT. YEAH SO W WILL HAVE HER OBVIOUSLY HER LIST THAT GETS THE MEDIA RELEASES AND THEN I'LL ALSO BE FORWARDING IT TO ALL OF OUR CONTACTS SO. ALL IN ALL WE'RE LOOKING AT SEVEN OPPORTUNITIES FOR PUBLIC COMMENT INCLUDING 30 DAY PUBLIC COMMENT PERIOD. SO WE'RE HOPING THAT THE TIME IT GETS TO YOU FOR FIRST READING NO ONE IN THE PUBLIC SHOULD BE MAD.

I DON'T KNOW ABOUT MAD I SHOULD BE ABLE TO SAY THEY DIDN'T HAVE A CHANCE TO COMMENT.

THAT'S GREAT I HAVE ONE MORE QUESTION. I DON'T KNOW WHO THIS FOR PROBABLY KEVIN MAYBE WHEN WHAT A DEVELOPMENT STARTS AND JUST I'M JUST GOING TO USE A 50 FOOT BUFFER IS DETERMINED IS THAT WHERE THE SALT FENCE GOES NOT ALWAYS SO THERE ARE CELLPHONES

[01:00:09]

SO IT TRULY DEPENDS ON ON THAT LIMITS OF AND WHERE IT'S GOING TO BE IF THERE'S EVEN A BUFFER EVEN A WETLAND AT ALL. SO IT IT DEPENDS AND THAT'S SOMETHING THAT STAFF REVIEWS ON A ON A IT'S ON A CASE BY CASE BASIS AND HAVING THESE YOU KNOW THESE REGULATIONS IN PLACE YOU KNOW WE NOW KNOW THEY KNOW THEY KNOW THAT IF THEY'RE COMING IN AND THEY DO HAVE TO IMPACT THAT BUFFER FOR STORM WATER THAT THEY HAVE THE ABILITY TO DO THAT BUT OBVIOUSLY WORK WITH THEM TO MAKE SURE AND THEN GETS REESTABLISHED IN THAT THEY'RE SAVING EVERYTHING THAT THEY CAN AND THAT THEY'RE FOLLOWING ALL THE RULES. YEAH I WAS JUST THINKING OF IT AS A BOUNDARY YOU KNOW TO, ELIMINATE THE WORDS OF HEAVY EQUIPMENT FOR A TREE OR WHATEVER IF THERE ARE IF THAT BUFFER THAT 50 FOOT IS DETERMINED AND THEY'RE NOT ASKING TO TO PUT DRAIN LINES OR SEWER LINES OR WHATEVER WITHIN IT THEN IT'S BASICALLY STAY OUT OF HERE OR ARE YOU GOING TO BE IN TROUBLE? YOU KNOW, JUST TRYING TO SIMPLIFY SOME OF THAT MORE QUESTIONS AND IF YOU HAVE ANYTHING ELSE HOPEFULLY I TRIED TO THAT WAS HELPFUL TO BREAK IT DOWN. YOU DID A GOOD JOB.

YEAH SO BETTER THAN BILL ANY QUESTIONS SO? I'M JUST DOWNLOADING WILL DO IF YOU'D BE SO KIND IS IF YOU'LL SEND COUNSEL YOUR PRESENTATION SO IN CASE THEY WANT TO LOOK AT IT AND IF THEY GETTING ON IT THEY'LL HAVE IT FOR REFERENCE AS WE GO INTO THE WORKSHOPS IN THE PUBLIC PERIOD IF YOU'LL SEND THEM SOME THAT JUST FOR THEIR REFERENCE I DON'T THINK WE SENT IT OUT AHEAD OF TIME. SO BECAUSE YOU ON IT UP SO IF YOU'LL SEND IT TO THEM TOMORROW THAT'D BE OKAY. YEAH. CHRIS ANDREW I'M VERY IMPRESSED WITH YOUR PRESENTATION VERY IMPRESSED WITH YOUR WORK WITH YOUR OWNERS HOW YOU FIRE BACK AT DAN AND LARRY DID A GOOD JOB AND YOU DID A GOOD JOB. YOU JUST LUCKY FRED WASN'T HERE QUITE SO HE DOESN'T DO A JOB. WOULD YOU LIKE TO COMMENT ON I JUST SAID A QUARTER STORY BUT I JUST NEED WORDS YEAH AND THIS MAY IN RESTAURANTS I DON'T KNOW BUT THERE IS SLIDE ABOUT THE MOCK UP HERE BUT THE LIKE THE ONES IMPACTED THE VEGETABLE BUFFER ON THE EXISTING ONE THAT OH YOU CAN PRETTY PICTURE YEAH YEAH AND WHO WILL USE A REMINDER ON THE THUMBS.

YEAH MY QUESTION ON THIS WAS IS THIS YEAH AND I THINK THIS KIND OF GOES TO THE RESTRICTIVE QUESTION TO I GUESS SO WHEN WHEN WE PERMIT THESE AND THIS MAY BE ADDRESSED OTHERWISE I'M JUST ASKING THE QUESTION BECAUSE I DON'T KNOW BUT WE'VE THESE WELL IT IMPACTS EITHER THROUGH EVEN JURISDICTIONAL IMPACT IT GOES TO THE U.S. ARMY CORPS OF ENGINEERS AND IF IT IS A NON JURISDICTIONAL IN FACT IT GOES TO THE STATE AND WE WILL GET PERMITS FROM EITHER ONE OR

[01:05:06]

YES. ON WHERE YOU'RE ACTUALLY IMPACTING IF YOU'RE GOING TO THE CORPS YOU'RE GOING DAY YOU'RE COMING THROUGH US AND IT'S AGAIN IT'S HARD TO ANSWER ANSWER HYPOTHETICAL UNTIL WE KNOW EXACTLY WHAT WE'RE LOOKING AT AND THAT'S A GOOD TIME TO WHEN IT DURING THE PUBLIC COMMENT HERE IN THE NEXT 30 DAYS TO SIT DOWN WITH THEM AND SAY HERE'S ONE THAT I HAVE HOW WOULD THIS BE HANDLED? HERE'S ANOTHER ONE I HAVE HOW WOULD THIS BE HANDLED BECAUSE THEY'RE ALL GOING TO BE JUST LIKE WE WERE TALKING ABOUT WITH THE STORMWATER IMPACTS EACH PROPERTY IS GOING A LITTLE DIFFERENT.

THIS IS NOT CONFINED IN THIS ZONING OF THE 8% OF THE TOWN THAT WE CAN CHANGE ANY BUFFERS AND SO SO IT WON'T AFFECT DEVELOPMENT AGREEMENTS. YES, THOSE ARE ALREADY DEFINED WITHIN THE DEVELOPMENT AGREEMENTS AND ONE OF THE QUESTION I HAD WAS RELATES I I'M TRYING TO REMEMBER IS A GENERAL PRESENTATION IN THE THE THE EXCEPTIONS ABOUT SO I THINK THIS KIND OF GOES BACK TO THE HEAVY MACHINERY QUESTION JUST I DO YEAH AND I KNOW A LOT OF TIMES AND THIS IS ALSO LIKE AGAIN BECAUSE WETLANDS ARE VERY THERE'S A LOT OF REGULATIONS THAT YOU KNOW, EVERYBODY'S GOT THEIR OWN THING. SO WE'RE JUST TRYING TO MAKE SURE I'M COVER BUT IF THERE'S SAY A DITCH IN A WETLAND AND LIKE A DAM IN THE WEBINAR OR SOMETHING LIKE HAPPENS PRETTY FREQUENTLY AND THAT IS PRETTY THAT CAN BE I MEAN THAT CAN BE PRETTY SIGNIFICANT FOR STORMWATER AND IMPACTING THAT WATER EFFECTS PONDS AND ALCOHOLS AND ALL THAT I GUESS JUST IS ALREADY IS THAT LIKE BEING ABLE TO GO IN THERE READING THE DISHES OR IS IT MADE IT'S PRACTICES ARE CREATING SUCH AN ACTIVITY FROM THE STANDPOINT IT'S ENTIRELY OH YEAH OKAY I WAS GOING TO IF YOU LIKE IF YOU GIVE ANDREW YOUR CONTACT WE CAN SEND YOU THE PRESENTATION SO YOU CAN GO THROUGH HE'S A FREQUENT FLIER SO THOMAS AT HUD YOU KNOW THEY'RE GOING TO THAT FROM MICHIGAN SAY YEAH IF YOU'VE GOT WE'LL SEND IT TO YOU AND THAT WAY IF YOU REMEMBER YOUR QUESTIONS THAT AS SHE WAS GOING THROUGH IT IT'D BE GOOD TO SIT DOWN WITH HER OVER THE COMMENT PERIOD AND GET THOSE MAYBE I THINK UP TO YOU. YEAH WELL I APPRECIATE THE TIME .

THANK YOU. THANK YOU. SORRY WASN'T THAT SO IT WAS GREAT YOU TOMORROW WE ARE

* This transcript was compiled from uncorrected Closed Captioning.