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, � November 7,2012 2900 Deer Run T�N Page 3 of 3 Sec.78-1601.-Purpose and Iriter�t. (a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and hydrologic functions of the city's wetlands by regulating the use of wetiands and their adjacent properties in conJunctlon with the goals of the environmental protectlon plan within the cornmunity management plan. These functions include, but are not lim'ded to, sediment control, pollution control, fittration, �sh and wfldtife habitat and aquifer recharge. The surfacc� water management plan wlll provide guidance for atortnwater tr�tment requirements and wetland restoretion opportuni�es in order to protect the integrity of wetlands. (b) The intent of this section is to protect we�ands to the maximum extent possible while allowing a reasonable use of the property, This section adopts the regulations and standaMs of the WeUand Conservation Act of 1991 (WCA), Laws of Minnesota 1991; chapter 354, as amended, and the rules adopted pursuant to the WCA. It also establishes a we�and oveMay distric� This overlay district further regulates the underlying land use as allowed by other districts or the WCA. (c) This ar�de applies to, and wetland buffer areas must be created or existing buffer areas must�maintained around, a protected wetland loc�ted partially within, wholly within, or directly adjacent to the property in the following situaUons: {1) When the we�and is required to be rep{aced or restored,or when the wetland is being altered; ; (2) When new development oa:urs. For purposes af this subsec�on, new development means: a. Any subdivision that craates a new lot�at has no principal structure on it; b. Constructlon of a prindpal structure on an existing vacant parcel of land; (3) When tedevelopment occurs that has the potential to adversely impact a weband. For purposes of this subsection redevelopment means�e removal of the principaf structure to the extent of more than 50 percent of its maricet value and volume and rec�nstrucfion on the same property. This reyuirement does not appy ff oonstructlon is the result of fess than 75 peroent of the building being damaged by an [nvoluntary force, such as flre,wind,or vandalism; (4) When any construc�on or land a�erabon activity �at does not falt within the meaning of 'redevelopmenY has the potential to adversely impact a we�and. • For purposes of this se�tlon, "the poten�al bo adversely impact a wetland" exists when all of the following three conditions exist a. The portlon of the property disturbed by construction or Iand aiteration activity drains fio the wetland; and � b. The amount of grading exceeds 50 cubic yards or the constructlon activihr involves the � disturbance of more than 5,000 square feet of area;and c. The redevelopment activity results in a net Increase In the square footage of impervious surtaces that drain to the we�and, or results in the relocatlon of impervlous surfaces doser to the we�and, or resufts In changes to drainage patterns (slopes, meander pattems, etc) that �e city engineer determines will increase the velocity or rate of n.�noff to the wetland. For new development, alf wetiands on the property shall be subJect to the buffer requlrements. For redevelopment or other grading or construction sltuations that are not new development, only the we�and that is potendally adversely impacted shall be subject to the buffer requirement In the event that the wetland is on an adjaoent property but near enough to the subject property so that buffers to said we�and would extend irrto the subject property,the buffer requirements apply. (Ord. No.28 3rd series, § 1, &22-2005)