correspondence re pool/wetland buffer

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/ y • 4. Schedule of activities that are part of the management and establishment of vegetation. Existing Legal Nonconforming Structures and Requirements There is currently a blacktop driveway located within the required buffer of the wetlantl. This is considered a legal nonconforming structure. The applicant can either move the driveway or develop a plan that includes buffer flexibility. When existinq surfaces, like the driveway,or structures are within the area needed for the establishment of a buffer the applicant can be allowed Buffer Flexibility under 78-1608(3) Nonconformities(d) Buffer Flexibility. The wetland ordinance indicates that buffer flexibility needs to be approved by the City Council. If the applicant proceeds with Buffer Flexibility rather then moving the driveway I would recommend Buffer width averaging be done on the property to make up for the lost buffer. This is described under the section below which is Certificate of Survey Requirements. Certificate of Survey Requirements To be in compliance with the submittal requirements of the ordinance the Certificate of Survey needs to be updated to reflect the below requirements. 1. 35 foot buffer and 20 foot setback from buffer is required to be shown on the Certificate of Survey—This is accomplished by providing a boundary that is 35 feet from the wetland boundary and labeling as wetland buffer. Along a portion of the buffer it will need to be expanded beyond the 35 foot requirement to make up lost buffer for the driveway(refer to#3 below). A line should be shown on the drawing 20 feet from the upslope edge of the buffer and labeled as setback. 2. The label currently indicates Edge of Wetlands as Delineated by Bonestroo. This was not an official wetland delineation and shoultl not be labeled as a delineated wetland. This label should be revised to read "Edge of Wetlands as staked by Bonestroo". 3. The applicant will need to have the survey firm provide a plan that shows the total acres of buffer required by the code and where the buffer is being expanded to make-up for the acres of the buffer that is lost due to existing driveways. Restriction and Covenant for Wetland and Buffer Per Section 78-1611 of the wetland ordinance the owner shall record restriction and covenants over the wetland and buffer with the property chain of title. A form with the language for the Restriction and Covenants is available from the City. Recommendations It is my understanding the applicant is requesting approval this week in order to have the construction begin for the proposed pool. Due to the pool being outside the proposed buffer and setback this could be approved with a condition that the certificate of survey, restriction and Page 2 of 3