08-22-2005 Council Packet - Laserfiche WebLink

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2.All new non-8tructural impervious surfaces and those structures listed as exceptions in Section 78-1608(2Xa) above shall maintain a setback from the delineated wetland boundary equivalent to the width of tlie buffer area per the chart in 78-1605(c). Buffer Flexibility. Where exis/int^ structures or surfaces are located within an area that would be required for establishment of a buffer under this ordinance, alternative methods of wetland protection may be approved bv the City Council to avoid creating unreasonable impacts on the existing use of a property. Such methods mav include but are not limited to buffer width averaainr. redirection of drainage to an area where buffer is feasible, etc. Sec. 78-1609 Removal of Lands from the Wetlands Overlay District (a) Removal of wetlands fix>m a wetland overlay district (i.e. by filling, etc) requires a zoning amendment and an amendment of the official City Wetland Map. The amendments must be made pursuant to the provisions of Section 78-43 of this ordinance and WCA replacement rules. These amendments must be consistent with the purpose of this ordinance, the City's Surfiwe Water Management Plan and the goals and policies of the Community Management Plan. In determining the appropriateness of a rezoning request, the City Council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and ftmction of wetlands involved in order to provide the maximum feasible protection. (b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an equal area of new wetland is created to compensate for the wetland being filled. However, the deminimus exemption specified by the WCA rules for wetland replacement may be used for the removal of Type I wetlands that are not included within the City's overlay district Unless otherwise approved by the City Council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered. (c) In addition to application requirements, the City may require submission and approval of the following information: (1) An approved wetland replacement plan application from the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or CIS format in Hennepin County coordinates, with tq)propriate drainage calculations and erosion controls prepared by a registered engineer; rr i