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08-09-2004 Council Packet
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08-09-2004 Council Packet
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ARTICLE XI. <br />WETLANDS PROTECTION <br />DIVISION 1. <br />GENERALLY <br />Sec. 78-1601 Purpose and Intent. <br />(a) The purpose of this section is to recognize, preserve and protect the <br />environmental, aesthetic and hydrologic functions of the City's wetlands by regulating the <br />use of wetlands and their adjacent properties in conjunction with the goals of the <br />Environmental Protection Plan within the Community Management Plan. These <br />functions include, but are not limited to, sediment control, pollution control, filtration, <br />fish and wildlife habitat and aquifer recharge. The Surface Water Management Plan will <br />provide guidance for stormwater treatment requirements and wetland restoration <br />opportunities in order to protect the integrity of wetlands. <br />(b) Tlic intent of this section is to protect wetlands to the maximum extent <br />possible while allowing a reasonable use of the property. This section adopts the <br />regulations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of <br />Minnesota 1991, chapter 3S4, as amended, and the rules adopted pursuant to the <br />WCA. It also establishes a wetland overlay district. This overlay district further regulates <br />the underlying land use as allowed by other districts or the WCA. <br />(c) This ordinance applies to, and wetland buffer areas must be created or <br />existing buffer areas must be maintained around, all protected wetlands in the following <br />situations: <br />(1) When wetlands are required to be replaced or restored; <br />When new development occurs. For purposes of this subsection, new <br />development means: <br />a. Any subdivision that creates a new lot that has no principal use on <br />It; <br />b. construction of a principal use on an existing vacant parcel of land; <br />When redevelopment occurs. For purposes of this subsection <br />redevelopment means the removal of the principal use of more than 50 <br />percent of its market value and volume and reconstruction on the same <br />property. This requirement does not apply if construction is the result of <br />less than 75 percent of the building being damaged by an involuntary force, <br />such as fire, wind, or vandalism;
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