08-15-2005 Planning Commission Packet

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• DRAFT August 4 2005-St�i�eae�shrnderlines retlect revisions since June 28,2005 version ARTICLE XI. WETLANDS PROTECTION DIVISION 1. GENERALLY Sec. 78-1601 Purpose and Intent. (a) The�pur�ose of this section is to recognize, preserve and protect the envirorunental, 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 functiorls include, but are not limited to, sediment control, pollution control, filtration, fish and wildlife habitat and aquifer recharge. The Surface Water Management Plan will provide guidance for stormwater treatment requirements and wetland restoration opportunities in order to protect the integrity of wetlands. (b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a reasonable use of the property. This section adopts the regulations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1991, chapter 354, as amended, and the ri.iles adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay district fiirther regulates the tuiderlying land use as allowed by other districts or the WCA. (c) Tlus ordinance applies to, and wetland buffer areas must be created or existing buffer areas must be maintained ar•ound, a protected wetland located partially within, wholly within, or directly adjacent to the property in the following situations: (1) When the wetland is required to be replaced or restored, or when the wetland is being altered; (2) When new development occurs. For purposes of this subsection, new development means: a. Any subdivision that creates a new lot that has no principal strucitue on it; b. construction of a principal structure on an existing vacant parcel of land;