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. SIL VERVI.ST A TES PLANNED UNIT DEVELOPMENT . The property owner and/or developer shall incorporate landscaping materials necessary to implement the design theme selected for the Highway 10 frontage, if such a theme has been selected at the time building permits are requested. If a theme is selected subsequent to that time, the easement shall allow the City or City's agent to implement this design theme. The design improvements shall not unreasonably obstruct the visibility of the PUD development from Highway 10. During the lifetime of the PUD development, the property owner shall be responsible for the replacement of any dead or dying plant materials, and shall maintain the landscaping through regular watering, mowing, mulching, feeding, weeding and pruning, including the landscaping in the easement area. 10. Wetland; Wetland Buffer Area The wetland in the Silverview Estates PUD has been redelineated by Arlig Environmental, Inc. In May of 1997. The approval of the general concept plan and development stage plan is based on this 5/97 delineation. Rice Creek Watershed District has issued reviewed the delineation and development plans and has issued the applicant a permit related to drainage and stormwater retention. The 5/97 delineation shall be used in evaluating the development stage plan and the amount of density permitted on the property. No construction shall be permitted in the area designated as wetland. Construction in the wetland buffer area was approved in the general concept plan. The specific improvements to be permitted in the wetland buffer area shall not exceed a threshold of 45 percent impervious surface coverage. The approved development stage plan indicates a coverage level of 41 percent of the wetland buffer. or 34,054 square feet. Prior to approval of the final plan or the issuance of any grading or building permits, a wetland buffer permit will need to be approved by the City Council. 11. Drainage and Grading The City Engineer's evaluation of the development stage plan indicates that the three NURP ponds proposed will be adequate to serve the drainage and runoff needs of the development. The drainage design shall assure protection of water quality entering the wetland. Where there is a conflict in the area shown for development and the area needed to accommodate drainage improvements, the need for drainage improvements shall prevail. Accommodating the drainage improvements may result in the maximum densities allowed on the site to be lowered from the amounts stated in Section 3. Prior to the issuance of any building or grading permits, the property owner is responsible for obtaining: · approval of a permit from the Rice Creek Watershed District, Department of Natural Resources, and U.S. Army Corps of Engineers, if such approvals are required · a written statement from the Minnesota Department of Natural Resources that the development plan is in compliance with State regulations regarding wetlands · a written statement from the U.S. Army Corps of Engineers that the development plan is in compliance with Federal regulations regarding wetlands. · permits from the Minnesota Pollution Control Agency, if required, for grading in excess of five acres 12. Lighting The developer has provided a lighting plan with the development stage plan, inClUding the location of lighting standards, a detail of the lighting standard design, and photometrics for the site if lighting is installed according to the plan. lighting standards shall not exceed 24 feet in height. The lens of the lighting fixtures shall not extend below the housing and the housing shall include sharp cutoffs so that light rays are directed downward rather than outward. An exception to this requirement can be made for the fixtures mounted undemeath the Qas SILVERVIEW ESTATES PLANNED UNIT DEVELOPMENT 2704-2740 IIIGHW A Y 10 & 780 I SILVER LAKE RD PAGE 5 OF II MOUNDS VIEW PLANNING CASE NO. 502-97 EXHIBIT 1 OF RESOLUTION NO. 5184 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON DECEMBER 8, 1997