Correspondence re code violation

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Sec. 78-1608. Standards. The following standards apply to all land within the wetland overlay districts, wetland buffer areas, and to neighboring lands: (1) Protection of wetlands and wetland buffer areas. a. Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply. b. No structures are allowed in the wetland overlay districts, or wetland buffer area except those allowed as of right or by conditional use permit by sections 78-1606 or 78-1607 of this article. c. Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, vegetation removal, filling, dumping, yard waste disposal or fertilizer application are prohibited, except that certain such activities may be permitted when approved by the city as a buffer management plan. Invasive non-native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the city. d. Before grading or construction near a wetland overlay district or buffer area, the owner or contractor must place erosion control fencing on the upland side of the perimeter of the wetland overlay district or wetland buffer area, which ever is more restrictive, or as required by the city. This fencing must remain in place until all development activities that may affect the wetland and the wetland buffer area have been finished and adequate vegetative cover has been established at which time the fencing must be removed. e. All structures must have a minimum basement floor elevation not less than one foot above the 100-year flood elevation. f. All hard-surface runoff must be treated in accordance with the requirements of the city and the appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the property owner. g. Discharge into the wetlands must occur at a rate no greater than allowed by the city engineer in accordance with the city's surface water management plan and the appropriate MCWD requirements. (2) Setbacks. a. All buildings (principal and accessory), must be setback at least 20 feet from the upslope edge of the wetland buffer. Exceptions: Play structures (including sport court type structures), grade-level decks, patio slabs, driveways, sidewalks and parking lots. b. A setback from the buffer area is not required for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes, entrance monuments meeting section 78-1405(8) and other equipment that provides an essential public service. c. A setback from the buffer area is not required for fences or retaining walls. 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) City Code Excerpts Page 4 of 4