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(b) No conditional use permit will be granted unless its approval will not adversely <br /> impact wetlands, the wetland buffer areas where they exist or are required, and <br /> surrounding properties, the intent of this article or the goals and policies of the <br /> community management plan. If applicable, granting of a conditional use permit <br /> will be conditioned upon approval of the request by all other appropriate <br /> regulatory governmental agencies, including but not limited to the Minnehaha <br /> Creek Watershed District (MCWD), the Lake Minnetonka Conservation District <br /> (LMCD),or the Minnesota Department of Natural Resources." <br /> (Ord. No. 28 3rd series, §1, 8-22-2005) <br /> SECTION 5. Orono City Code Chapter 78, Section 78-1608, is amended by deleting and <br /> adding the following language: <br /> "Sec.78-1608.-Standards. <br /> The following standards apply to all land within the wetland overlay districts, existing <br /> and MCWD-required wetland buffer areas, and to neighboring lands: <br /> (1) Protection of wetlands and wetland buffer areas. <br /> a. Except as modified or regulated by the standards of this <br /> subsection, all requirements of the underlying zoning district <br /> apply. <br /> b. No structures are allowed in the wetland overlay districts <br /> wetland buffer area except those allowed as of right or by <br /> • conditional use permit by sections 78-1606 or 78-1607 of this <br /> article. <br /> c. Activities including, but not limited to, building (other than a <br /> boardwalk or dock), paving, mowing, vegetation removal, filling, <br /> dumping, yard waste disposal or fertilizer application are <br /> prohibited, except that certain such activities may be permitted <br /> when approved by the city as a buffer management plan. Invasive <br /> non-native vegetation, such as European buckthorn and noxious <br /> weeds, may be removed by obtaining a vegetation removal permit <br /> from the city. <br /> d. Before grading or construction near a wetland overlay district er <br /> buffer area, the owner or contractor must place erosion control <br /> fencing on the upland side of the perimeter of the wetland overlay <br /> district or wetland buffer area, whichever is more restrictive, or as <br /> required by the city. This fencing must remain in place until all <br /> development activities that may affect the wetland <br /> buffer area have been finished and adequate vegetative cover has <br /> been established at which time the fencing must be removed. <br /> e. All structures must have a minimum basement floor elevation not <br /> less than one foot above the 100-year flood elevation. <br /> Page 9 of 13 <br />