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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 /> paving, mowing, vegetation removal, filling, dumping, yard waste disposal or <br /> fertilizer application are prohibited, except that certain such activities may be <br /> permitted when approved by the city as a buffer management plan. Invasive non- <br /> native vegetation, such as European buckthorn and noxious weeds, may be <br /> removed by obtaining a vegetation removal permit from the city. <br /> d. Before grading or construction near a wetland overlay district or buffer area, the <br /> owner or contractor must place erosion control fencing on the upland side of the <br /> perimeter of the wetland overlay district or wetland bufFer area, which ever is <br /> . more restrictive, or as required by the city. This fencing must remain in place until <br /> all development activities that may affect the wetland and the wetland buffer area <br /> have been finished and adequate vegetative cover has been established at <br /> which time the fencing must be removed. <br /> e. All structures must have a minimum basement floor elevation not less than one <br /> foot above the 100-year flood elevation. <br /> f. All hard-surtace runoff must be treated in accordance with the requirements of <br /> the city and the appropriate watershed district. Treatment may include site <br /> retention, skimmers,weirs or sedimentation ponds of appropriate scale. <br /> Structures and ponds serving this purpose must be properly maintained and <br /> � serviced by the property owner. ' <br /> . g. Discharge into the wetlands must occur at a rate no greater than allowed by the <br /> city engineer in accordance with the city's surface water management plan and <br /> the appropriate MCWD requirements. � <br /> (2) Setbacks. <br /> a. All buildings (principal and accessory), must be setback at least 20 feet from the <br /> upslope edge of the wetland buffer. Exceptions: Play structures(including sport <br /> court type structures), grade-level decks, patio slabs, driveways, sidewalks and <br /> parking lots. <br /> b. A setback from the buffer area is not required for overhead utility poles and lines <br /> that are less than two feet in diameter, underground utility lines and distribution <br /> equipment, light poles, traffic signals, traffic regulatory signs, mailboxes, entrance <br /> monuments meeting section 78-1405(8) and other equipment that provides an <br /> essential public service. <br /> c. A setback from the buffer area is not required for fences or retaining walls. <br /> (3) Nonconformities. <br /> a. Effect of wetland boundary expansion. An existing structure, driveway or parking <br /> area meeting the required setback from a city-designated wetland boundary or <br /> buffer area is considered a legal nonconforming development if a later wetland <br /> delineation or implementation of a wetland buffer shows that the wetland or its <br /> buffer is closer than the required setback. <br /> b. Existing nonconformifies. An existing structure, driveway or parking area that <br /> does not meet the required setback from a city-designated wetland boundary or <br /> buffer area, is considered a legal nonconforming development. <br /> c. Avoiding fufure nonconformifies. In order to avoid the creation of future <br /> nonconformities, in situations where development, redevelopment or construction <br /> �w <br />
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