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1' �. <br /> ' ' <br /> PC Exhibit H <br /> Chapter78 <br /> ARTICLE XL <br /> WETLANDS PROTECTION <br /> DIVISION 1. <br /> GENERALLY <br /> Sec.78-1601. Purpose and intent. <br /> (a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and <br /> hydrologic functions of the city's wetlands by regulating the use of wetlands and their adjacent properties in <br /> conjunction with the goals of the environmental protection plan within the community management plan.These <br /> functions include, but are not limited to,sediment control, pollution control,filtration,fish and wildlife habitat and <br /> aquifer�recharge.The surface water management plan will provide guidance for stormwater treatment requirements <br /> and wetland restoration opportunities in order to protect the integrity of wetlands. <br /> (b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a <br /> reasonable use of the property.This section adopts the regulations and standards of the Wetland Conservation Act of <br /> 1991 (WCA), Laws of Minnesota 1991, chapter 354,as amended, and the rules adopted pursuant to the WCA. It also <br /> establishes a wetland overlay district.This overlay district further regulates the underlying land use as allowed by <br /> other districts or the WCA. <br /> (c) This article applies to,and wetland buffer areas must be created or existing buffer areas must be <br /> maintained around, a protected wetland located partially within,wholly within,or directly adjacent to the property in <br /> the following situations: <br /> (1) When the wetland is required to be replaced or restored, or when the wetland is being altered; <br /> (2) When new development occurs. For purposes of this subsection, new development means: <br /> a. Any subdivision that creates a new lot that has no principal structure on it; <br /> b. Construction of a principal structure on an existing vacant parcel of land; <br /> (3) When redevelopment occurs that has the potential to adversely impact a wetland. For purposes of <br /> this subsection redevelopment means the removal of the principal structure to the extent of more than 50 percent of <br /> its market value and volume and reconstruction on the same property.This requirement does not apply if <br /> construction is the result of less than 75 percent of the building being damaged by an involuntary force,such as fire, <br /> wind, or vandalism; <br /> (4) When any construction or land alteration activity that does not fall within the meaning of <br /> 'redevelopment' has the potential to adversely impact a wetland. <br /> For purposes of this section, "the potential to adversely impact a wetland" exists when all of the following three <br /> conditions exist: <br /> a. The portion of the property disturbed by construction or land alteration activity drains to the <br /> wetland; and <br />