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t � <br /> Sec.78-1610. Alteration of wetlands. <br /> (a) No alteration of land within a wetland overlay district or a wetland buffer is allowed <br /> without a wetlands alteration permit, subject to recommendation by the planning commission and <br /> approval of the city council. The planning commission must hold a public hearing after notifying the <br /> property owners within 350 feet of the property on which the proposed alteration will occur.Activities that <br /> constitute an alteration regulated by this section include changes to the size, depth or contour of the <br /> wetlands or its buffer, dredging, or alterations of wetlands or buffer vegetation. Alterations do not include <br /> wetland pfanting or the selective clearing or pruning of trees or vegetation that are dead, diseased, <br /> noxious weeds or similar hazards. A wetland alteration permit is not required when a wetland district is <br /> rezoned to another zoning classification. <br /> (b) Alteration of land within a wetland overlay district will only be allowed if water storage is <br /> provided in an amount compensatory to that removed. Unless otherwise approved by the city council, <br /> compensatory wetland area must be provided within the same subwatershed district as the wetland being <br /> altered. In determining the appropriateness of an alteration request, the city council will consider the size <br /> of the total wetland district, the magnitude of the area proposed for alteration, the aesthetic, hydrological <br /> and ecological effect, the type and function of wetlands involved, and such other factors as may be <br /> � appropriate in order to provide the maximum feasible protection to the wetlands.Application for a <br /> r:;.; wetlands alteration permit must be accompanied by such information as required by the city, including: <br /> (1) A copy of the wetland replacement plan application submitted to the MCWD; <br /> (2) A concept plan showing the ultimate use of the property; <br /> (3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County <br /> coordinates, with appropriate drainage calculations and erosion controls prepared by a <br /> registered engineer; <br /> (4) A landscaping or revegetation plan; <br /> (5) Such other information as may be necessary or convenient to evaluate the proposed <br /> permit; and <br /> (6) A MnRAM assessment approved by the MCWD. <br /> (Ord. No. 28 3rd series, § 1, 8-22-2005) <br /> Sec. 78-1611. Public control of wetlands. <br /> (a) The city council may require that the owner of any property affected by this article must <br /> establish wetland and buffer area easements or restrictive covenants to be recorded within the property's <br /> chain of title. These easements or covenants must describe the boundaries of the wetland and buffer <br /> area; document the obligations of the property owner with regards to the wetland buffer; and prohibit any <br /> building, paving, mowing (unless approved as a buffer management plan), cutting, filling, dumping, yard <br /> waste disposal or fertilizer application within the wetland and the buffer area. The owner or developer <br /> must record these easements or covenants with the final plat, with deeds from a lot division or, if no <br /> subdivision is involved, before the city issues a grading permit or building permit for an affected property. <br /> The applicant must submit evidence that the easement or covenant has been submitted to the county for <br /> recording. <br /> (b) If the city council does not require an easement or covenant, the city may record a notice <br /> of the wetland and buffer area requirements against the property. The property owner must still comply <br /> with the requirements of this section. <br /> (Ord. No. 28 3rd series, § 1, 8-22-2005) <br /> � � <br />