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<br /> Council; or which are a~~!ed to Council after hav- 48. f3. SPECIAL ASSESSMENT. The property w~hin
<br /> Ing bOOn reviewed and denIed by CIty etaff,
<br /> 48.07. EXCEPTIONS; PERMIT. a designated wetland which is restricted hereby or for
<br /> A. Emergencies, Upon the declaration of an whIch a development or other restrictive easement is
<br /> emergency by the SoMms:l BREI the IB9tH.RiS sf a .,8r conveyed to the municipal~y shall not be subject to
<br /> .-~ hlt~ k~ t~8 ~81:1~8i1 City, emergency work necessary to future special assessments for the cost of public im,
<br /> preserve life or property shall be permitted in a wetland provements for which such assessments are authoriz,
<br /> zoning district. . ed pursuant to Chapter 26 of the Municipal Code.
<br /> Br..Rc:Jairs llfi!9R e.ppliefMit?F1 aRs .firs al b~ nUt 48.14, VARIANCE AND APPEALS.
<br /> ~::! ~it), Q liSRlSR mar r8~air, Sf FRaiRteiR, en)' Iw~~~1 Subdivision 1. ~.~s;J' !as 8tt.lS~ 188 JUG JieJaeJ iR this
<br /> C!~ st !liAS 9KiGtiR~ 9At~9 ~&t9 sf aS9ptl8R 9f Uiue ~~!h<t:RB:, t~e An application for variance or appeal
<br /> ~otwithstanding any other provisions of this to the Council shall be processed according to~
<br /> 99g~r9 speeifie9 fQr tl:ts ~rs8as8iRg 8f ariaAse BA~ 81J
<br /> Code to the contrary, the City tl~g 9- l"'P9r'al?J?I:_-~' ~Chapter 40 of the Municipal Code.
<br /> ~ 's.Rsa HY"iRE leAda S"'RBS ByU~8 City, FRey 1:l;"'r5t Subdivision 2, No variance may be granted which
<br /> teA 99Atre1Jt ~8",,~ tl:te gg., 819~m8Rt sf '~QR~U as paA. would allow any use that is prohibited in the zoning
<br /> sf BR iAt29ratg~ plaA, iR"e~'iFlB e. t9tQl at 19 &9r98 sr district in which the property is. located or which will:
<br /> . mers, ,uRBF&iR tR9 CWJ "'{mla ~as:t~~lpet~ iR tR9 dou~'op- A. Result in incompatible land uses or which would
<br /> ~ may develop a municipally owned recraa- be detrimental to ~ surface and ground,
<br /> tlon or parl< facility on City owned lands which will water resources ~
<br /> Involve the development within s wetlands zoning B. Increase the financial burdens imposed on the
<br /> dlGlrlct as part of an Integrated plan, comprising not community through increasing floods and overflow of
<br /> leas than 75 acrea, whare 4heo such development water onto land areas within this City or onto land areas
<br /> would reasonably conservej~ preserve and ~ adjacent to Rice Creek.
<br /> enhance the environment by providing facil~ies that C. Be not in keeping with land use plans and plann.
<br /> would protect the public health. safety and welfare. ing objectives for the C~y or which will increase or
<br /> C. Mslntenance of existing Iand9caplng, Including cause danger to life or property.
<br /> but not limited to, lawn care; trimming of buahea . D, Be inconsistent with the objectives of encourag-
<br /> or trees; tilling, planting, and/or weeding of 109 land uses compatible with the preservation of the
<br /> gardens; painting or repair of fences; or almllar ac- natural land forms, vegetation and t~8 Rlaret-1es RRB
<br /> tlvltles shall be permitted within a wetland zoning wetlands w~hin the C~y,
<br /> dlatrlct. This exception Is for maintenance of an ex' E. Include development of land and water areas
<br /> Istlng altuatlon and shall not be construed as .to essential to continue the temporary w~hholding of rapid
<br /> allow establishment of a new use or expansion of runoff of surface water which contributes to
<br /> an existing uaeln a wetland. This alao shall not b<a downstream flooding. or water pollution. or develop-
<br /> conatrued as to allow deatructlon ,of hydrophytlc ment of land and water araas which provide ground,
<br /> vegetation. water recharge. or development which diminishes the
<br /> 48.08. DEVELOPMENT DENSITY AND PARI{ land or water which are necessary to carry increased
<br /> LAND DEDICATION CREDIT TRANSFERS. flows of stormwater following periods of heavy
<br /> Subdivision 1. When land to be developed includes precipitation,
<br /> wetlands. the developer thereof may receive a credit Subdivision 3. No permit or variance shall be issued
<br /> for the undevelopable portion of said wetland. eIther: unless the applicant. in support of his application. shall
<br /> A. toward the dedication of land requirement~ under submil engineering data. surveys, s~e plans and other
<br /> Municipal Code, Chapter 42.13. Parks and Playground information as the City may require in order to deter-
<br /> Dedication, not exceeding the amount of the mine the effects of such development on the affected
<br /> developable lands in the development proposal; or land and water areas,
<br /> B, the development may be intensified so as not to 48.15, WETLAND ZONING DISTRICTS.
<br /> exceed twice the allowable land use dens~ies prescrib- Subdivision 1, Wetland Zoning District Map. Pur,
<br /> ed under Chapters 40 and 42 of the Code provided, suant to Chapter 48.02. the wetl~nd zoning districts
<br /> however, that said intensified land use must be con, delineated in the referenced wetland zoning district
<br /> sistent w~h street dedication dimensions. parking re, map are hareby established.
<br /> quirements. and screening. fencing and landscaping Subdivision 2, Wetland Zoning Districts by Legal
<br /> . regulations of the City; or Description. Pursuant to Chapter 48.02, the following
<br /> C. the building square footage requirements of the described properties are hereby designated as
<br /> Municipal Code may be intensified but not to exceed wetlands: (see Appendix A).
<br /> five (5) percent; or Subdivision 3, Inclualve. The wetland zoning districts
<br /> D. any combination of A. B. and C above as agreed designated in Subdivisions 1 and 2 above are hereby
<br /> upon by developer and C~y. keeping in mind that the established as wetland zoning districts for the
<br /> public health. safety, and welfare of the community is municipality.
<br /> paramount. . SECTION II. This ordinance shall'take effect thirty
<br /> Subdivision 2. Upon receipt of any of the credits days from the date of ~s publication.
<br /> herein, the developer m~st esme iF! e r5leenlQE~i itsu', Read by the Council of the City of Mounds View on
<br /> me?:~~~~ t~s et~e~ ~l3 i:-: g~ g(i! shall ~ convey" this 17th day of December. 1990.
<br /> ~811 8; FIlet, ~FS~Rt, 8:- fs:-fs:t1!llrs, snl'S"r~ t~9t a~y Read and passed by the City Council of the City of
<br /> wetlands designated by this Chapter. for whIch a cre It Mounds View this 28th day of January. 1991.
<br /> has been ~ ~!9 given, r:l, /3'-= ~5A e, tui ATTEST:
<br /> to ~ ~:/!:rrr g':'':'-::-F.-:'~ ~~. the City ~y ..':1'-:'.....".;........ free Jerry Linke
<br /> and clear of f!Po!? all encumbrances. eA t~t!':? Sf tElMOO Mayor
<br /> 48,09. ACQUISITION OF INTERESTS IN LAND. The Rlc Mlnetor
<br /> municipal~y may acquire. pursuant to law. fee title or Acting Clerk-Administrator
<br /> easement rights, by dedication. gift, purchase. eminent AP?ROVED AS TO FORM:
<br /> domain. tax forfe~ure. leasehold estates. part or all of Mark Karney.
<br /> any wetlands or land adjacent. abutting. contiguous. City Attorney
<br /> or affecting wetlands. for the purpose of preserving (Bulletin: Feb. 13. 1991)
<br /> such lands and protecting the public health. safety. and -
<br /> welfare, Charges authorized by Chapter 25 and
<br /> Chapter 42 of the Municipal Code or by other applicable
<br /> law may be used to finance the aCQuis~ions authoriz'
<br /> ed herein. The Council may abate those taxes and
<br /> assessments w~hin wetlands as authorized by law.
<br /> 48,10. RESPONSIBILITY: Neither the issuance of
<br /> a perm~ nor compliance with the conditions thereof.
<br /> nor with the provisions of this Chapter. shall relieve any
<br /> person from any responsibility otherwise imposed by
<br /> law for damages to persons or properties; nor shall the
<br /> issuance of any permit hereunder serve to Impose any
<br /> liability on the municipality or its officers or employees
<br /> for injury or damage to persons or property, A permit
<br /> issued pursuant to this Chapter shall not relieve the per,
<br /> mittea of the responsibility of complYing With any other
<br /> requirements established bylaw. regulation or
<br /> ordinance.
<br /> 48,11. PENALTY. Any person who violates the pro-
<br /> visions of this Chapter shall be guilty of a misdemeanor.
<br /> Each day during which said violation exists i~ a
<br /> separate offense. Any violation of this Cha~tar IS a
<br /> public nuisance and may be enjOined by CIVil action.
<br /> Costs of any civil enforcement shall be assessed
<br /> against the property so enjoined. Any person who,. In
<br /> . violation of this Chapter. alters. changes or modifies
<br /> any wetlands shall restore such wetlands to their
<br /> original condition.
<br /> 48.12 SEVERABILITY. If any part of this Chapter is
<br /> held to be unconstitutional or otherwise illegal, the reo
<br /> mainder of this Chapter shall be deemed and held to
<br /> be valid and remain in force and effect as if such por'
<br /> tion had not been included herein. If(this Ch~pt!,r o!
<br /> any proviSIon herein is held to be inapplicable to any
<br /> person. property or work. such holding shall not affect
<br /> the applicability hereof to any other person's property
<br /> or wo.rk.
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