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b. No structures are allowed in the wetland overlay districts except those allowed as of <br /> right or by conditional use permit by sections 78-1606 or 78-1607 of this article. <br /> c. Activities including, but not limited to, building (other than a boardwalk or dock), <br /> paving,mowing,vegetation removal,filling,dumping,yard waste disposal or fertilizer <br /> application are prohibited. Invasive non-native vegetation, such as European <br /> buckthorn and noxious weeds, may be removed by obtaining a vegetation removal <br /> permit from the city. <br /> d. Before grading or construction near a wetland � ,the owner or contractor <br /> must place erosion control fencing on the upland side of the perimeter of the wetland <br /> •��r'�•�a��*�-��*, or as required by the city. This fencing must remain in place until all <br /> development activities that may affect the wetland have been finished and adequate <br /> vegetative cover has been established at which time the fencing must be removed. <br /> e. All structures must have a minimum basement floor elevation not less than one foot <br /> above the 100-year flood elevation. <br /> f. All hard-surface runoff must be treated in accordance with the requirements of the city <br /> and the appropriate watershed district. Treatment may include site retention, <br /> skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds <br /> serving this purpose must be properly maintained and serviced by the property owner. <br /> g. Discharge into the wetlands must occur at a rate no greater than allowed by the city <br /> engineer in accordance with the city's surface water management plan and the <br /> appropriate MCWD requirements. <br /> (2) Protection of wetland buffer areas. Existing and MCWD-required wetland buffers shall be <br /> maintained and protected per the requirements of existing covenants as well as MCWD <br /> regulations as administered by MCWD. <br /> (3) Nonconformities. <br /> a. Effect of wetland boundary expansion. An existing structure,driveway or parking area <br /> meeting the required setback from a city-designated wetland boundary or existing <br /> established buffer area is considered a legal nonconforming development if a later <br /> wetland delineation or implementation of a wetland buffer shows that the wetland or <br /> its buffer is closer than the required setback. <br /> b. Existing nonconformities. An existing structure, driveway or parking area that does <br /> not meet the required setback from a city-designated wetland boundary or buffer area, <br /> is considered a legal nonconforming development. <br /> SECTION 5. Section 78-1614 shall be amended by adding and deleting text to read as <br /> follows: <br /> Sec. 78-1614. - Authority/enforcement actions. <br /> Nothing herein contained shall prevent the city from taking such other lawful action as is <br /> necessary to prevent or remedy any violation. Such actions may include but are not limited to: <br /> (1) In responding to a suspected article violation, the ' ste�citv administrator and <br /> the city may utilize the full array of enforcement actions available to it including but not <br /> limited to prosecution and fines, injunctions, after-the-fact permits, and/or orders for <br /> corrective measures to the guilty party. <br /> 5 <br />