08-22-2005 Council Packet - Laserfiche WebLink

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a H Sec. 78-1611 Public Control of Wetlands. (a) The City Council may require that the owner of any property affected by this ordinance must establish wetland and buffer area easements or restrictive covenants to be recorded within the property's chain of title. Tliese easements or covenants must describe the boundaries of the wetland and buffer area and prohibit any building, paving, mowing (unless approved as a buffer management plan), cutting, filling, dumping, yard waste disposal or fertilizer application within the wetland and the buffer area. The owner or developer must record these easements or covenruits with the final plat, witli deeds from a lot division or, if no subdivision is involved, before the City issues a gradin,^ 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 and buffer area requirements against the property. The property owner must still comply with the requirements of this section. Sec. 78-1612 Wetland Buffer Markers. When new development or redevelopment results in multifamily residential or a business use, the developer must place markers at the upland boundary of the wetland buffer edge at least every two hundred feet. The developer must submit a location plan in hard copy format and a CAD or OIS format in Hennepin County coordinates and must use uniform markers provided by the City. The City will charge a reasonable cost for the markers and approve the location of the markers prior to installation. Sec. 78-1613 Violations Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations oi'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. Sec. 78-1614 Autfaority/Enforcement Actions Nothing herein contained shall prevent the City of Orono from taking such other lawflil action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: In responding to a suspected Ordinance violation, the Planning Director and the City of Orono may utilize the full array of enforcement actions yailable to it including but not limited to prosecution and fines, 1 .junctions, afler-^he-fact permits, and/or orders for corrective measures to the guilty party. 8