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applicable, granting of a conditional use permit will be conditioned upon approval of the request by all other appropriate <br /> regulatory governmental agencies, including but not limited to the Minnehaha Creek Watershed District (MCWD), the <br /> Lake Minnetonka Conservation District(LMCD), or the Minnesota Department of Natural Resources. <br /> (Ord. No. 28 3rd series, § 1, 8-22-2005) <br /> DIVISION 5. -STANDARDS FOR THE WETLAND OVERLAY DISTRICT,BUFFER AREAS AND NEIGHBORING LANDS <br /> Sec. 78-1608. - Standards. <br /> Sec. 78-1609. - Removal of lands from the wetlands overlay district. <br /> Sec. 78-1610. -Alteration of wetlands. <br /> Sec. 78-1611. - Public control of wetlands. <br /> Sec. 78-1612. -Wetland buffer markers. <br /> Sec. 78-1613. -Violations. <br /> Sec. 78-1614. -Authority/enforcement actions. <br /> Secs. 78-1615-78-1630. - Reserved. <br /> Sec. 78-1608. -Standards. <br /> The following standards apply to all land within the wetland overlay districts, wetland buffer areas, and to neighboring <br /> lands: <br /> (1) Protection of wetlands and wetland buffer areas. <br /> a. Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning <br /> district apply. <br /> b. No structures are allowed in the wetland overlay districts, or wetland buffer area except those allowed as of <br /> right or by conditional use permit by sections 78-1606 or 78-1607 of this article. <br /> c. Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, vegetation <br /> removal, filling, dumping, yard waste disposal or fertilizer application are prohibited, except that certain such <br /> activities may be permitted when approved by the city as a buffer management plan. Invasive non-native <br /> vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation <br /> removal permit from the city. <br /> d. Before grading or construction near a wetland overlay district or buffer area, the owner or contractor must <br /> place erosion control fencing on the upland side of the perimeter of the wetland overlay district or wetland <br /> buffer area, which ever is more restrictive, or as required by the city. This fencing must remain in place until all <br /> development activities that may affect the wetland and the wetland buffer area have been finished and <br /> adequate vegetative cover has been established at which time the fencing must be removed. <br /> e. All structures must have a minimum basement floor elevation not less than one foot above the 100-year flood <br /> elevation. <br /> f. All hard-surface runoff must be treated in accordance with the requirements of the city and the appropriate <br /> watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of <br /> appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the <br /> property owner. <br /> g. Discharge into the wetlands must occur at a rate no greater than allowed by the city engineer in accordance <br /> with the city's surface water management plan and the appropriate MCWD requirements. <br /> (2) Setbacks. <br /> a. All buildings (principal and accessory), must be setback at least 20 feet from the upslope edge of the wetland <br /> buffer. Exceptions: Play structures (including sport court type structures), grade-level decks, patio slabs, <br /> driveways, sidewalks and parking lots. <br /> b. A setback from the buffer area is not required for overhead utility poles and lines that are less than two feet in <br /> diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory <br />