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Wetland buffer issue-2010-11
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Wetland buffer issue-2010-11
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Last modified
8/22/2023 4:38:30 PM
Creation date
10/13/2016 2:55:43 PM
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House Number
1860
Street Name
Fox
Street Type
Street
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1860 Fox St
Document Type
Land Use
PIN
0311723420016
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� . . <br /> � <br /> (5) Such other information as may be necessary or convenient to evaluate the proposed permit;and <br /> (6) A MnRAM assessment approved by the MCWD. <br /> (Ord.No.28 3rd series, § 1, 8-22-2005) <br /> Sec. 78-1610.Alteration of wetlands. <br /> (a) No alteration of land within a wetland overlay district or a wetland buffer is allowed without a wetlands <br /> alteration permit,subject to recommendation by the planning commission and approval of the city council. The planning <br /> commission must hold a public hearing after notifying the property owners within 350 feet of the property on which the proposed <br /> alteration will occur. Activities that constitute an alteration regulated by this section include changes to the size,depth or contour <br /> of the wetlands or its buffer,dredging or alterations of wetlands or buffer vegetation.Alterations do not include wetland planting <br /> or the selective clearing or pruning of trees or vegetation that are dead,diseased,noxious weeds or similar hazards. A wetland <br /> alteration permit is not required when a wetland district is rezoned to another zoning classification. <br /> (b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in an amount <br /> compensatory to that removed. Unless otherwise approved by the city council,compensatory wetland area must be provided within <br /> the same subwatershed district as the wetland being altered. In determining the appropriateness of an alteration request,the city <br /> council will consider the size of the total wetland district,the magnitude of the area proposed for alteration,the aesthetic, <br /> hydrological and ecological effect,the type and function of wetlands involved,and such other factors as may be appropriate in <br /> order to provide the maximum feasible protection to the wetlands. Application for a wetlands alteration permit must be <br /> 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 coordinates,with appropriate <br /> drainage calculations and erosion controls prepared by a registered engineer; <br /> (4) A landscaping or revegetation plan; <br /> (5) Such other information as may be necessary or convenient to evaluate the proposed 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 establish wetland and <br /> buffer area easements or restrictive covenants to be recorded within the property's chain of title. These easements or covenants <br /> must describe the boundaries of the wetland and buffer area; document the obligations of the property owner with regards to the <br /> wetland buffer; and prohibit any building,paving,mowing(unless approved as a buffer management plan),cutting, filling, <br /> dumping,yard waste disposal or fertilizer application within the wetland and the buffer area.The owner or developer must record <br /> these easements or covenants with the final plat,with deeds from a lot division or, if no subdivision is involved,before the city <br /> issues a grading permit or building permit for an affected property. The applicant must submit evidence that the easement or <br /> covenant has been submitted to the county for recording. <br /> (b) If the city council does not require an easement or covenant, the city may record a notice of the wetland and <br /> buffer area requirements against the property. The property owner must still comply with the requirements of this section. <br /> (Ord.No.28 3rd series, § 1, 8-22-2005) <br /> Sec. 78-1612.Wetland buffer markers. <br /> When new development or redevelopment results in multifamily residential or a business use,the developer must place <br /> markers at the upland boundary of the wetland buffer edge at least every 200 feet, subject to city approval. The developer must <br /> submit a location plan in hard copy format and a CAD or GIS format in Hennepin County coordinates and must use uniform <br /> markers provided by the city. The city will charge a reasonable cost for the markers and approve the location of the markers prior <br /> to installation. <br /> (Ord.No. 28 3rd series, � l, 8-22-2005) <br /> Sec. 78-1613.Violations. <br />
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