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Ord #028-3rd Ser/Amending code re: wetlands management
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Ord #028-3rd Ser/Amending code re: wetlands management
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4/1/2015 10:21:02 AM
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(b) No conditional use permit will be granted unless its approval will not <br /> adversely impact wetlands, the wetland buffer area, and surrounding properties, the intent <br /> of this ordinance or the goals and policies of the Community Management Plan. If <br /> applicable, granting of a conditional use permit will be conditioned upon approval of the <br /> request by all other appropriate regulatory governmental agencies, including but not <br /> limited to the Minnehaha Creek Watershed District (MCWD), the Lake Minnetonka <br /> Conservation District(LMCD), or the Minnesota Department of Natural Resources. <br /> DIVISION 5. <br /> STANDARDS FOR THE WETLAND OVERLAY DISTRICT,BUFFER AREAS <br /> AND NEIGHBORING LANDS <br /> Sec. 78-1608 Standards. <br /> The following standards apply to all land within the wetland overlay districts, <br /> wetland buffer areas, and to neighboring lands: <br /> (1) Protection of wetlands and wetland buffer areas. <br /> a. Except as modified or regulated by the standards of this subsection, <br /> all requirements of the underlying zoning district apply. <br /> b. No structures are allowed in the wetland overlay districts, or <br /> wetland buffer area except those allowed as of right or by <br /> conditional use permit by Sections 78-1606 or 78-1607 of this <br /> Ordinance. <br /> c. Activities including, but not limited to, building (other than a <br /> boardwalk or dock), paving, mowing, vegetation removal, filling, <br /> dumping, yard waste disposal or fertilizer application are prohibited, <br /> except that certain such activities may be permitted when approved <br /> by the City as a buffer management plan. Invasive non-native <br /> vegetation, such as European buckthorn and noxious weeds, may be <br /> removed by obtaining a vegetation removal permit from the City. <br /> d. Before grading or construction near a wetland overlay district or <br /> buffer area, the owner or contractor must place erosion control <br /> fencing on the upland side of the perimeter of the wetland overlay <br /> district or wetland buffer area, which ever is more restrictive, or as <br /> required by the City. This fencing must remain in place until all <br /> development activities that may affect the wetland and the wetland <br /> buffer area have been finished and adequate vegetative cover has <br /> been established at which time the fencing must be removed. <br /> Page 11 of 22 <br />
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