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• of the Code provided, however, that said intensified land use must <br /> be consistent with street dedication dimensions, parking <br /> requirements, and screening, fencing and landscaping regulations <br /> of the City; or <br /> C. the building square footage requirements of the Municipal Code may <br /> be intensified but not to exceed five (5) percent; or <br /> D. any combination of A, B, and C above as agreed upon by developer <br /> and City, keeping in mind that the public health, safety, and <br /> welfare of the community is paramount. <br /> Subdivision 2. Upon receipt of any of the credits herein, the developer <br /> _== = - _ --- - _ _ _ -- shall e <br /> conveyed acparately by plat, grant, or forfciturc except that any wetlands <br /> designated by this Chapter, for which a credit has been for B or C above <br /> given, may bo oonvcycd to the City by rcoolution free <br /> and clear of any all encumbrances_ on titlo or taxco. <br /> 48.09. ACQUISITION OF INTERESTS IN LAND. The municipality may acquire, <br /> pursuant to law, fee title or easement rights, by dedication, gift, purchase, <br /> eminent domain, tax forfeiture, leasehold estates, part or all of any <br /> wetlands or land adjacent, abutting, contiguous, or affecting wetlands, for <br /> • the purpose of preserving such lands and protecting the public health, <br /> safety, and welfare. Charges authorized by Chapter 25 and Chapter 42 of the <br /> Municipal Code or by other applicable law may be used to finance the <br /> acquisitions authorized herein. The Council may abate those taxes and <br /> assessments within wetlands as authorized by law. <br /> 48.10. RESPONSIBILITY. Neither the issuance of a permit nor compliance <br /> with the conditions thereof, nor with the provisions of this Chapter, shall <br /> relieve any person from any responsibility otherwise imposed by law for <br /> damages to persons or properties; nor shall the issuance of any permit <br /> hereunder serve to impose any liability on the municipality or its officers <br /> or employees—€or--i j-ur o-r damage to—per-sensor property. A permit sued <br /> pursuant to this Chapter shall not relieve the permittee of the <br /> responsibility of complying with any other requirements established by law, <br /> regulation or ordinance. <br /> 48.11. PENALTY. Any person who violates the provisions of this <br /> Chapter shall be guilty of a misdemeanor. Each day during which said <br /> violation exists is a separate offense. Any violation of this Chapter is a <br /> public nuisance and may be enjoined by civil action. Costs of any civil <br /> enforcement shall be assessed against the property so enjoined. Any person <br /> who, in violation of this Chapter, alters, changes or modifies any wetlands <br /> shall restore such wetlands to their original condition. <br /> • <br /> 2362161/WZ02.WP/ABM 17 <br />