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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 />mPrr}. _n t rhe W. r 1 n rnrl c -14P MO ■Leri shall noz--b•& <br />conveyad Sgt: rss�at 1..}jb-gj^tn.l ac, grant, or Porfairura except rhnr any wetlands <br />designated by this Chapter, for which a credit has been foc Aorr G abov- <br />may be conveyed to anrt may ha nnnepred by the City by resolur free <br />and clear of aa* all encumbrances. <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 for injury or damage to persons or property. A permit issued <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 />48.12. SEVERABILITY. If any part of this Chapter is held to be <br />unconstitutional or otherwise illegal, the remainder of this Chapter shall <br />be deemed and held to be valid and remain in force and effect as if such <br />portion had not been included herein. If this Chapter or any provision <br />herein is held to be inapplicable to any person, property or work, such <br />holding shall not affect the applicability hereof to any other person's <br />property or work. <br />2362161/WZO/PLS 16 <br />