06-17-2019 Planning Commission Packet

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(4) A landscaping or revegetation plan; (5) Such other information as may be necessary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment approved by the MCWD. (Ord.No. 28 3rd series, § 1, 8-22-2005; Ord. No. 103 3rd series, § 6, 5-28-2013; Ord. No. 210 3rd series, § 16, 6-25-2018) Sec. 78-1611. - Public control of wetlands. (a) The city council may require that the owner of any property affected by this article must establish wetland easements or restrictive covenants to be recorded within the property's chain of title. These easements or covenants must describe the boundaries of the wetland; and prohibit any building, paving, mowing, cutting, filling, dumping, yard waste disposal or fertilizer application within the wetland. The owner or developer must record these easements or covenants with the final plat, with deeds from a lot division or, if no subdivision is involved, before the city issues a grading permit or building permit for an affected property. The applicant must submit evidence that the easement or covenant has been submitted to the county for recording. (b) If the city council does not require an easement or covenant, the city may record a notice of the wetland requirements against the property. The property owner must still comply with the requirements of this section. (Ord. No. 28 3rd series, § 1, 8-22-2005; Ord. No. 103 3rd series, § 7, 5-28-2013) Sec. 78-1612. - Reserved. Editor's note—Ord. No. 103 3rd series, § 8, adopted May 28, 2013, repealed § 78-1612, which pertained to wetland buffer markers and derived from Ord. No. 28 3rd series, § 1, 8-22-2005. Sec. 78-1613. -Violations. Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. (Ord. No. 28 3rd series, § 1, 8-22-2005) Sec. 78-1614. -Authority/enforcement actions. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected article violation, the city administrator and the city may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, and/or orders for corrective measures to the guilty party. (2) When an article violation is either discovered by or brought to the attention of the city administrator, the city administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the MCWD along with the community's plan of action to correct the violation to the degree possible.