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Wetland Ordinance Review <br /> March 26,2013 <br /> Page 2 <br /> 3. Establishes the Wetland Overlay District which encompasses all wetlands within the City <br /> (but not their buffers). <br /> 4. Defines the types of wetlands that are protected. <br /> 5. Establishes procedures for determining wetland boundaries. <br /> 6. Requires the creation or preservation of wetland buffers for certain types of development <br /> activity, including: <br /> a. When a wetland is required to be replaced or restored, or is being altered; <br /> b. When new development occurs, which means any subdivision that creates a new <br /> lot that has no principal structure on it; and construction of a principal structure on <br /> an existing vacant parcel of land; <br /> c. When redevelopment occurs that has the potential to adversely impact a wetland; <br /> d. When any construction or land alteration activity that does not fall within the <br /> meaning of"redevelopment" has the potential to adversely impact a wetland. <br /> (`Redevelopment' and `potential to adversely impact a wetland' are specifically <br /> defined in the Code) <br /> 7. Establishes standards for creation and use of buffers: <br /> - Defines activities that are allowed within buffers <br /> - Defines the required physical characteristics of acceptable buffer areas, which <br /> characteristics must be preserved if they exist or be created if they do not <br /> - Uses the `Protection Classification' assigned to each wetland based on the <br /> stormwater susceptibility and `functional assessment' performed for each wetland <br /> (prepared by MCWD in 2003), to establish the required buffer width, as follows: <br /> Protection Classi ication Susce tibili Ratin Re uired Bu er Width <br /> "Preserve" Highly Susceptible 50' <br /> "Manage 1" Moderately Susce tible 35' <br /> "Manage 2" Slightly Susceptible 25' <br /> "Manage 3" Least Susceptible 16.5' <br /> - Establishes procedures for creation and maintenance of buffer areas, including <br /> establishment of a 2-year escrow during initial establishment of new buffers <br /> - Provides a buffer partial exemption for golf courses <br /> 8. Establishes permitted and conditional uses allowed within wetlands and wetland buffers. <br /> 9. Establishes performance standards for wetlands, buffers, and adjacent land regarding: <br /> - protection of wetlands and wetland buffer areas <br /> - required setbacks from buffers <br /> - standards and procedures for dealing with nonconformities <br /> 10. Establishes procedures for removing a wetland from the Wetland Overlay District <br /> 11. Establishes standards and procedures for wetland alterations <br /> 12. Establishes City authority to require easements or covenants over wetlands and buffer <br /> areas <br /> 13. Requires placement of wetland buffer markers <br /> 14. Contains provisions for enforcement of code and dealing with violations <br />