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08-09-2004 Council Packet
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08-09-2004 Council Packet
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(b) Alteration of land within a wetland overlay district will only be allowed if <br />water storage is provided in an amount compensatory to that removed. Unless otherwise <br />approved by the City Council, compensatory wetland area must be provided within the <br />same subwatershed district as the wetland being altered. In determining the <br />appropriateness of an alteration request, the City Council will consider the size of the <br />total wetland district, the magnitude of the area proposed for alteration, the aesthetic, <br />hydrological and ecological effect, the type and funetion of wetlands involved, and such <br />other factors as may be appropriate in order to provide the maximum feasible protection <br />to the wetlands. Application for a wetlands alteration permit must be accompanied by <br />such information as required by the City, including: <br />(1) An approved wetland replacement plan application from the MCWD; <br />(2) A concept plan showing the ultimate use of the property; <br />A grading plan, in hard copy fomiat and a CAD or GIS fomiat in <br />Hennepin County coordinates, with appropriate drainage calculations and <br />erosion controls prepared by a registered engineer; <br />(4) A landscaping or revegetation plan; <br />(5) Such other information as may be nccessarj' or convenient to evaluate the <br />proposed pennit; and <br />A MnRA.M assessment completed by the MCWD. <br />Sec. 78*161 1 Public Control of Wetlands. <br />(a) The City Council may require that the owner of any property affected by <br />this ordinance must establish wetland and buffer area easements or restrictive covenants <br />to be recorded within the property's chain of title. These easements or covenants must <br />describe the boundaries of the wetland and buffer area and prohibit any building, paving, <br />mowing (unless approved as a buffer management plan), cutting, filling, dumping, yard <br />waste disposal or fertilizer application within the wetland and the buffer area. The owner <br />or developer must record these easements or covenants with the final plat, with deeds <br />from a lot division or, if no subdivision is involved, before the City issues a grading <br />pennit or building pennit for an affected property. The applicant must submit evidence <br />that the casement or covenant has been submitted to the county for recording. <br />(b) If the City Council does not require an easement or covenant, the City may <br />record a notice of the wetland and buffer area requirements against the property. The <br />property owner must still comply with the requirements of this section. <br />Sec. 78-1612 Welland Buffer Markers. <br />When new development or redev elopment results in multifamily residential or a <br />business use, the developer must place markers at the upland boundary of the wetland <br />12
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