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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 />1010.10 1010.13 (Rev. 8/97) <br /> <br />1010.10: DEVELOPMENT DENSITY AND PARK LAND DEDICATION CREDIT <br />TRANSFERS: <br /> <br />Subd. 1. Credit for Undevelopable Lands: When land to be developed includes wetlands, the <br />developer thereof may receive a credit for the undevelopable portion of said wetland, either: <br /> <br /> a. Toward the dedication of land requirements under Section 1204.02 of this Code not <br />exceeding the amount of the developable lands in the development proposal; or <br /> <br /> b. The development may be intensified so as not to exceed twice the allowable land use <br />densities prescribed under Titles 1100 and 1200 of this Code; provided, however, that said <br />intensified land use must be consistent with street dedication dimensions, parking requirements <br />and screening, fencing and landscaping regulations of the City; or <br /> <br /> c. The building square footage requirements of the Municipal Code may be intensified but not <br />to exceed five percent (5%); or <br /> <br /> d. Any combination of subdivisions la, lb and 1c above as agreed upon by developer and City, <br />keeping in mind that the public health, safety and welfare of the community is paramount. <br /> <br />Subd. 2. Conveyance of Lands: Upon receipt of any of the credits herein, the developer shall convey <br />any wetlands designated by this Chapter, for which a credit has been given, to and may be <br />accepted by the City free and clear of all encumbrances. (Ord. 505, 4-27-92) <br /> <br /> <br />1010.11: MUNICIPAL LAND ACQUISITIONS: The Municipality may acquire, pursuant to <br />law, fee title or easement rights, by dedication, gift, purchase, eminent domain, tax forfeiture, leasehold <br />estates, part or all of any wetlands or land adjacent, abutting, contiguous or affecting wetlands, for the <br />purpose of preserving such lands and protecting the public health, safety and welfare. Charges <br />authorized by Section 203.08 and Title 1200 of this Code or by other applicable law may be used to <br />finance the acquisitions authorized herein. The Council may abate those taxes and assessments within <br />wetlands as authorized by law. (Ord. 505, 4-27-92) <br /> <br /> <br />1010.12: SPECIAL ASSESSMENTS: The property within a designated wetland which is <br />restricted hereby or for which a development or other restrictive easement is conveyed to the <br />Municipality shall not be subject to future special assessments for the costs of public improvements for <br />which such assessments are authorized pursuant to Section 203.08 of the Municipal Code. (Ord. 505, <br />4-27-92) <br /> <br /> <br />1010.13: LIABILITY FOR DAMAGE: Neither the issuance of a permit nor compliance with <br />the conditions thereof nor with the provisions of this Chapter shall relieve any person from any <br />responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of <br />any permit hereunder serve to impose any liability on the Municipality or its officers or employees for <br />injury or damage to persons or property. A permit issued pursuant to this Chapter shall not relieve the <br />permittee of the responsibility of complying with any other requirements established by law, regulation <br />or ordinance. (Ord. 505, 4-27-92) <br />
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