Agenda Packets - 1989/12/04 - Laserfiche WebLink

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(Ii C. the building square footage requirements of the Municipal Code may be intensified but not to exceed five (5) percent; or D. any combination of A, B, and C above as agreed upon by developer and City, keeping in mind that the public health, safety, and welfare of the community is paramount. Subdivision 2. Upon receipt of any of the credits herein, the developer shall not._be convey&d any wetlands designated by this Chapter, for which a credit has been.w^••- iven, usir--bs_eoauayed to the City by-s+so7.utioa free and clear of awy all encumbrances. ouix4a 48.09. ACQUISITION OP INTERESTS IN LAND. The municipality may acquire, pursuant to law, fee title nr easement righta, by dedication., gift, purchase, eminent domain, tax forfeiture, leasehold estates, part or all of any wetlands or !and adjacent, abutting, contiguous, or affecting wetlands, for the purpose of preserving such lands and protecting the public health, safety, snd welfare. Ch.. gas authorized by Chapter 25 and Chapter 42 of the Municipal Code or by other applicable law may be used to finance the acquisitions authorized herein. The Council may abate those taxes and assessments within wetlands as authorized by law. 48.10. RESPONSIBILITY. Neither the issuance of a permit nor compliance 1 with the conditions thereof, nor with the provisions of this Chapter, shall relieve any person from any responsibility otherwise imposed by law for damages to persona or properties; nor shall the issuance of any permit hereunder serve to impose any liability on the m aicipality or its officers or employees for injury or d.,mage to persons or -operty. A permit issued pursuant to this Chapter shall not reliev! the permittee of the responsibility of complying with any other requi !ments established by law, regulation or ordinance. 48.11. PENALTY. Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor. Each day during which said violation exists is a separate offense. Any violation of this Chapter is a public nuisance and may be enjoined by civil action. Costs of any civil enforcement shall be assessed against the property so enjoined. Any person who, in violation of this Chapter, alters, changes or modifies any wetlands shall restore such wetlands to their original condition. 48.12. SEVERABILITY. If any part of this Chapter is held to be unconstitutional or otherwise illegal, the remainder of this Chapter shall be deemed and held to be valid and remain in force and effect as if such portion had not been included herein. If this Chapter or any provision herein is held to be inapplicable to any person, property or work, such holding shall not affect the applicability hereof to any other person.'s property or work. 2762161/WZO/PLS 16