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04-23-2007 CC
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04-23-2007 CC
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MV City Council
City Council Document Type
City Council Packets
Date
4/23/2007
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<br />1010.08 1010.08 (Rev. 8/97) <br /> <br /> c. Development Overlapping Wetland and Wetland Buffer Area; Authority for <br />Approval with Combinations of Activities Having Different Approval Authorities: Where a <br />proposed development includes area in both the wetland and wetland buffer area, the <br />applicant shall only be required to apply for a wetland alteration permit which shall cover the <br />entire development area. Where a proposed development includes activities subject to City <br />Council approval, and activities subject to administrative approval, the permit shall cover all <br />activities and shall be reviewed and approved by the City Council. (Ord. 602, 8-25-97) <br /> <br />Subd. 3. Exceptions to Permit Requirements: <br /> <br /> a. Emergencies: Upon the declaration of an emergency by the City, emergency work necessary <br />to preserve life or property shall be permitted in a wetland zoning district. <br /> <br /> b. Repairs: Upon application and approval by the City Council, a person may repair or <br />maintain any lawful use of land existing on the effective date hereof. <br /> <br /> c. Recreation Areas or Parks: Notwithstanding any other provision of this Code to the <br />contrary, a person may develop a Municipally-owned recreation area or park facility on <br />City-owned lands which will involve the development within a wetland zoning district as part <br />of an integrated plan, comprising not less than seventy five (75) acres, where such development <br />would reasonably conserve, preserve and enhance the environment by providing facilities that <br />would protect the public health, safety and welfare. <br /> <br />Subd. 4. Standards for Approval of Permits: No permit shall be issued unless the City finds and <br />determines that the proposed development complies with the standards as stated in this <br />subdivision 4. Approval of either a wetland alteration permit or wetland buffer permit shall <br />constitute approval of a variance to the requirements of this Chapter 1010. (Ord. 602, 8-25-97) <br /> <br /> a. Minimum Alteration in Ecological and Hydrological Characteristics: A minimum alteration <br />of a wetland may be allowed when necessary for the use of property but only when it will not <br />have a substantially or significantly adverse effect, as determined by the City, upon the <br />ecological and hydrological characteristics of the wetland. However, in no case shall the <br />restrictions set out below in Section 1010.08, subdivision 3a(1) - (6) be exceeded. Since the <br />extent of alteration which can be permitted is limited, the City, when considering a permit <br />application, shall consider equal apportionment of alteration opportunity. The alteration <br />opportunity within the wetland shall be allocated among property owners in proportion to the <br />area of wetland located within each property. (Ord. 602, 8-25-97) <br /> <br /> (1) Any alteration shall not cause a reduction in the flood storage capacity of the <br />wetland. Flood storage capacity shall be determined by analysis of the runoff from the entire <br />developed wetland drainage district resulting from both the two (2) year and one hundred (100) <br />year frequency, twenty four (24)hour SCS Type I distribution storms. <br /> <br /> (2) An alteration shall not reduce the existing water quality enhancement value of a <br />wetland under conditions of ultimate development, during both the two (2)year and one <br />hundred (100) year frequency, twenty four (24) hour SCS Type I distribution storms. Water <br />quality enhancement value of a wetland shall be determined using methods approved by the <br />City.
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