07-16-2012 Planning Commission Packet

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of the total wetland district, the magnitude of the area proposed for alteration, the aesthetic, hydrological and ecological effect, the type and function of wetlands involved, and such other factors as may be appropriate in order to provide the maximum feasible protection to the wetlands. Application for a wetlands alteration permit must be accompanied by such information as required by the city, including: (1) A copy of the.wetland replacement plan application submitted to the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) .Such other information as may be necessary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment approved by the MCWD. (Ord. No. 28 3rd series, § 1, 8-22-2005) � Sec.78-1611. Public control of wetlands. ��b� (a) The city council may require that the owner of any property affected by this article must � establish wetland and buffer area easements or restrictive covenants to be recorded within the property's chain of title. These easements or covenants must describe the boundaries of the wetland and buffer area; document the obligations of the property owner with regards to the wetland buffer; and prohibit any building, paving, mowing (unless approved as a buffer management plan), cutting, filling, dumping, yard � waste disposal or fertilizer application within the wetland and the buffer area.The owner or developer must record these easements or covenants with the final plat, with deeds from a lot division or, if no subdivision is involved, before the city issues a grading permit or building permit for an affected property. The applicant must submit evidence that the easement or covenant has been submitted to the county for recording. (b) If the city council does not require an easement or covenant, the city may record a notice of the wetland and buffer�area requirements against the property. The property owner must still comply with the requirements of this section. � , (Ord. No. 28 3rd series, § 1, 8-22-2005) Sec.78-1612.Wetland buffer markers. When new development or redevelopment results in multifamily residential or a business use, the developer must place markers at the upland boundary of the wetland buffer edge at least every 200 feet, subject to city approval. The developer must submit a location plan in hard copy format and a CAD or GIS format in Hennepin County coordinates and must use uniform markers provided by the city. The city will charge a reasonable cost for the markers and approve the location of the markers prior to installation. (Ord. No. 28 3rd series, § 1, 8-22-2005) . Sec.78-1613.Violations. , ,_ Violation of the provisions of this article or failure to comply with any of its requirements(including violations of conditions and"safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. (Ord. No. 28 3rd series, § 1, 8-22-2005) Sec.78-1614.Authority/enforcement actions.