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ZONING REGULATIONS §78-1608 (5) Unpaved hiking, skiing and horseback native vegetation,such as European riding trails which comply with WCA stan- buckthorn and noxious weeds, may dards. be removed by obtaining a vegeta- (b) No conditional use permit will be granted tion removal permit from the city unless its approval will not adversely impact d. Before grading or construction near wetlands,the wetland buffer area,and surround- a wetland overlay district or buffer ing properties, the intent of this article or the area, the owner or contractor must goals and policies of the community management place erosion control fencing on the plan. If applicable, granting of a conditional use upland side of the perimeter of the permit will be conditioned upon approval of the wetland overlay district or wetland request by all other appropriate regulatory gov- buffer area, which ever is more re- ernmental agencies, including but not limited to strictive, or as required by the city. the Minnehaha Creek Watershed District(MCWD), This fencing must remain in place the Lake Minnetonka Conservation District until all development activities that (LMCD), or the Minnesota Department of Natu- may affect the wetland and the ral Resources. wetland buffer area have been fin- (Ord. No. 28 3rd series, § 1, 8-22-2005) ished and adequate vegetative cover has been established at which time DIVISION 5. STANDARDS FOR THE the fencing must be removed. WETLAND OVERLAY DISTRICT, BUFFER e. All structures must have a mini- AREAS AND NEIGHBORING LANDS mum basement floor elevation not less than one foot above the 100-year Sec. 78-1608. Standards. flood elevation. The following standards apply to all land within f. All hard-surface runoff must be the wetland overlay districts, wetland buffer ar- treated in accordance with the re- eas, and to neighboring lands: quirements of the city and the appro- priate watershed district.Treatment (1) Protection of wetlands and wetland buffer may include site retention, skim- areas. mers, weirs or sedimentation ponds a. Except as modified or regulated by of appropriate scale. Structures and the standards of this subsection, all ponds serving this purpose must be requirements of the underlying zon- properly maintained and serviced by ing district apply. the property owner. b. No structures are allowed in the g. Discharge into the wetlands must wetland overlay districts,or wetland occur at a rate no greater than al- buffer area except those allowed as lowed by the city engineer in accor- of right or by conditional use permit dance with the city's surface water by sections 78-1606 or 78-1607 of management plan and the appropri- this article. ate MCWD requirements. c. Activities including, but not limited (2) Setbacks. to,building(other than a boardwalk a. All buildings (principal and acces- or dock),paving,mowing,vegetation sory), must be setback at least 20 removal,filling,dumping,yard waste feet from the upslope edge of the disposal or fertilizer application are wetland buffer. Exceptions: Play prohibited, except that certain such structures(including sport court type activities may be permitted when structures), grade-level decks, patio approved by the city as a buffer slabs,driveways,sidewalks and park- management plan. Invasive non- ing lots. Supp.No.3 CD78:239