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03-19-2012 Planning Commission Packet
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03-19-2012 Planning Commission Packet
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� � <br /> rules and to determine administrative wetland boundaries; however, property owners may have wetland <br /> delineations done for their properties on their own initiative. The delineation must be done by a qualified <br /> professional according to WCA rules and be acceptable to the planning director, who may require review <br /> by city consultants or a technical evaluation panel if necessary. Approved WCA wetland delineations <br /> must be provided to the city in a hard copy format and a CAD or GIS format in Hennepin County <br /> coordinates. The planning director will have the approved WCA wetland delineations shown on the official <br /> city wetland map. Public waters are not included in the overlay district, unless a wetland is part of a public <br /> water. <br /> (Ord. No. 28 3rd series, § 1, 8-22-2005) <br /> Sec.78-1604. Interpretation of wetlands boundaries. <br /> Whenever a wetland boundary is disputed or uncertain, the planning director may require the <br /> submission of a registered survey of the property and field staking showing the city-designated wetland <br /> contour or a delineation of the wetland, and such other information as the director may require in order to <br /> resolve the dispute or uncertainty. The planning director may require review by city consultants or a <br /> technical evaluation panel if necessary. No boundary change may be authorized on the basis of fill that <br /> was placed on the site after the city designated the area as part of the wetland overlay district. Persons <br /> aggrieved by a decision of the planning director may appeal such decision in accordance with the <br /> provisions of section 78-99 of this chapter and the WCA rules. <br /> (Ord. No. 28 3rd series, § 1, 8-22-2005) <br /> DIVISION 3. <br /> BUFFER AREAS <br /> Sec.78-1605.Wetland buffer areas. <br /> (a) This subsection establishes requirements for wetland buffer areas around protected <br /> wetlands. BufFer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas <br /> protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from <br /> runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland <br /> environment while reducing the adverse impacts of human activities. <br /> (b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the <br /> wetland edge, and that occur in a natural condition or through restoration. Buffer areas consist of <br /> shrubbery and trees, native grasses and/or forbs that are not mowed, fertilized or manicured in any <br /> manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not allowed unless <br /> the city has issued a permit for such activity in conjunction with an approved buffer management plan. <br /> (1) Acceptable buffer areas shall have the following qualities: <br /> a. A continuous dense layer of perennial grasses that have been uncultivated or <br /> unbroken for at least ten consecutive years, or <br /> b. An over story of trees and/or shrubs with at least 80 percent canopy closure that <br /> have been uncultivated or unbroken for at least ten consecutive years, or <br /> c. A mixture of the plant communities described in a. and b. above, which have <br /> been uncultivated or unbroken for at least ten consecutive years. <br /> (2) Unacceptable buffer areas have the following qualities, including but not limited to: <br /> a. Undesirable plant species (including but not limited to reed canary grass, <br /> common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or <br /> �� <br />
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