Ord #028-3rd Ser/Amending code re: wetlands management

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, • (d) In cases of new development or redevelopment the City shall require that vegeta.tion in the wetland buffer be installed prior to the issuance of the certificate of occupancy. The City may waive this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost to install the required buffer. (e) The City may allow the disturbance of an existing buffer area during the course of construction activity. This disturbance must be kept to a minimum, soils must be decompacted to a level that will accommodate root growth, and the buffer area must be re-established as required by the City. The City will determine the amount of allowable disturbance. The City may require a cash escrow or letter of credit equal to 150 percent of the cost to re-esta.blish the buffer to its original condition. (� The City may require buffer area planting and maintenance when the City determines that there is inadequate vegetation in the buffer area to meet the intent of this section. The City may require a cash escrow or letter of credit equal to 150 percent of the estimated cost of the vegetation and installation. The escrow or letter of credit must be valid for up to two years and may be used by the City to replace any vegetation that dies. (g) The affected property owner or homeowner association that is responsible for the maintenance must: (1) Maintain and repair damage to buffer areas from such activities as mowing, cutting, grading or other prohibited activities, unless mowing is approved by the City as a buffer management plan. Permission must be obtained from the City before implementing buffer management plans, which may include mowing, burning, and the use of herbicides. (2) Maintain only the permitted vegetation in the buffer area and must remove all noxious weeds and invasive, non-native species such as European buckthorn, upon obtaining a vegetation removal permit from the City in conjunction with an approved buffer management plan. (3) Ensure that all soil surfaces in the buffer area are planted with the permitted vegetation and that there is no open soil surface that may result in erosion. (4) Ensure that livestock or other domesticated animals which have the potential to permanently disturb the buffer area by compaction or vegetation removal be kept from entering the buffer area and wetland by a fence or other suitable means. (h) The final upslope edge of the buffer shall be provided to the City in a hard copy and in a CAD or GIS format in Hennepin County coordinates. Page 8 of 22