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ZONING REGULATIONS §78-1611 <br /> (Painter's Creek,Long Lake Creek,Classen Creek, council, compensatory wetland area must be pro- <br /> Lake Minnetonka)as the wetland being altered,if vided within the same subwatershed district as <br /> available. the wetland being altered. In determining the <br /> appropriateness of an alteration request, the city <br /> (c) In addition to application requirements, council will consider the size of the total wetland <br /> • the city may require submission and approval of district, the magnitude of the area proposed for <br /> the following information: alteration,the aesthetic,hydrological and ecolog- <br /> (1) A copy of the wetland replacement plan ical effect, the type and function of wetlands <br /> application submitted to the MCWD; involved, and such other factors as may be appro- <br /> (2) A concept plan showing the ultimate use priate in order to provide the maximum feasible <br /> of theproperty; protection to the wetlands. Application for a <br /> wetlands alteration permit must be accompanied <br /> (3) A grading plan,in hard copy format and a by such information as required by the city; in- <br /> CAD or GIS format in Hennepin County cluding: <br /> coordinates,with appropriate drainage cal- <br /> culations and erosion controls prepared (1) A copy of the wetland replacement plan <br /> by a registered engineer; application submitted to the MCWD; <br /> (4) A landscaping or revegetation plan; (2) A concept plan showing the ultimate use <br /> of the property; <br /> (5) Such other information as may be neces- (3) A grading plan,in hard copy format and a <br /> sary or convenient to evaluate the pro- CAD or GIS format in Hennepin County <br /> posed permit; and coordinates,with appropriate drainage cal- <br /> (6) A MnRAM assessment approved by the culations and erosion controls prepared <br /> MCWD. by a registered engineer; <br /> (Ord. No. 28 3rd series, § 1, 8-22-2005) <br /> (4) A landscaping or revegetation plan; <br /> Sec. 78-1610. Alteration of wetlands. (5) Such other information as may be neces- <br /> sary or convenient to evaluate the pro- <br /> (a) No alteration of land within a wetland posed permit; and <br /> overlay district or a wetland buffer is allowed <br /> without a wetlands alteration permit, subject to (6) A MnRAM assessment approved by the <br /> recommendation by the planning commission and MCWD. <br /> approval of the city council. The planning com- (Ord. No. 28 3rd series, § 1, 8-22-2005) <br /> mission must hold a public hearing after notifying <br /> the property owners within 350 feet of the prop- Sec. 78-1611. Public control of wetlands. <br /> erty on which the proposed alteration will occur. <br /> Activities that constitute an alteration regulated (a) The city council may require that the owner <br /> by this section include changes to the size, depth of any property affected by this article must <br /> or contour of the wetlands or its buffer,dredging, establish wetland and buffer area easements or <br /> or alterations of wetlands or buffer vegetation. restrictive covenants to be recorded within the <br /> Alterations do not include wetland planting or the property's chain of title. These easements or cov- <br /> selective clearing or pruning of trees or vegetation enants must describe the boundaries of the wetland <br /> that are dead, diseased, noxious weeds or similar and buffer area; document the obligations of the <br /> hazards. A wetland alteration permit is not re- property owner with regards to the wetland buffer; <br /> quired when a wetland district is rezoned to and prohibit any building, paving, mowing (un- <br /> another zoning classification. less approved as a buffer management plan), <br /> cutting, filling, dumping, yard waste disposal or <br /> (b) Alteration of land within a wetland overlay fertilizer application within the wetland and the <br /> district will only be allowed if water storage is buffer area. The owner or developer must record <br /> provided in an amount compensatory to that these easements or covenants with the final plat, <br /> removed. Unless otherwise approved by the city with deeds from a lot division or,if no subdivision <br /> Supp.No.3 CD78:241 <br />