07-18-2005 Planning Commission Packet

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DRAFT June 28 2005-St�ilceea-�shruderlines reflect revisions since August 2004 draft ARTICLE XI. WETLANDS PROTECTION DIVISION 1. GENERALLY Sec. 78-1601 Purpose and Intent. (a) The pttrpose of tlus section is to recognize,preserve and protect the environmental, aesthetic and hydrologic fiinctions of the City's wetlands by regulating the use of wetlands and their adjacent properties in conjunction with the goals of the Environmental Protection Plan within the Community Management Plan. These functions include,but are not limited to, sediment coiltrol, pollution control, filtration, fish and wildlife habitat and aquifer recharge. The Surface Water Management Plan will provide guidance for stormwater treatment requirenZents and wetland restoration opportunities in order to protect the integrity of wetlands. (b) The ultent of this section is to protect wetlands to the inaximum extent possible while allowing a reasonable use of the property. This section adopts the regi.ilations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Mimlesota 1991, chapter 354, as amended, and the rules adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay district further regulates the underlying land use as allowed by other districts or the WCA. (c) This ordinance applies to, and wetland buffer areas must be created or existing buffer areas must be mauitained around, a�a protected wetlands locutecl pa�°tiallv within, �t�Izollv mithin o�°directiv adjacent to the p�°operty in the followuig situations: (1) When the wetlands�e is required to be replaced or restored, o�•when the ��etland is bein�alte�°ed; (2) When new development occurs. For purposes of this subsection, new development ineans: a. Any subdivision that creates a new lot that has no principal�se st�°ucture on it; b. construction of a principal�tse strz�cti��°e on an existing vacant parcel of land;