07-16-2012 Planning Commission Packet

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(3) Other non-structural facilities similar to those permitted by this section which also meet the intent of this section, as determined by the city; or (4) Public structures associated with recreafional uses permitted by this section or by section � 78-1606 of this section that are designed in an environmentally sensitive manner and will withstand periodic flooding, except for structures designed or used for habitation or the storage of equipment. . " (5) Unpaved hiking, skiing and horseback riding trails which comply with WCA standards. (b) No conditional use permit will be granted unless its approval will not adversely impact wetlands, the wetland buffer area; and surrounding properties, the intent of this article or the goals and policies of the community management plan. If applicable, granting of a conditional use permit will be conditioned upon approval of the request by all other appropriate regulatory governmental agencies, including but not limited to the Minnehaha Creek Watershed District(MCWD), the Lake Minnetonka Conservation District(LMCD), or the Minnesota Department of Natural Resources. (Ord. No. 28 3rd series, § 1, 8-22-2005) . DIVISION 5. . ,'rc� STANDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS AND NEIGHBORING LANDS Sec. 78-1608.Standards. The following standards apply to all land within the wetland overlay districts, wetland buffer areas, and to neighboring lands: � (1) Protection of wetlands and wetland buffer areas. a. Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply. b. No structures are allowed in the wetland overlay districts, or wetland buffer area except those allowed as of right or by conditional use permit by sections 78-1606 or 78-1607 of this article. c. Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, vegetation removal, filling, dumping, yard waste disposal or fertilizer application are prohibited, except that certain such activities may be permitted when approved by the city as a buffer management plan. Invasive non- native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the city. d. Before grading or construction near a wetland overlay district or buffer area, the owner or contractor must place erosion control fencing on the upland side of the perimeter of the wetland overlay district or wetland buffer area,which ever is ,- more restrictive, or as required by the city. This fencing must remain in place until � all development activities that may affect the wetland and the wetland buffer area have been finished and adequate vegetative cover has been established at which time the fencing must be removed. e. All structures must have a minimum basement floor elevation not less than one � foot above the 100-year flood elevation.