No part of any land within the wetland conservation area shall be platted for residential use or any other use which will increase the danger to health, life, property or the public welfare. Whenever a portion of the conservation area is located within the area to be subdivided, an adequate easement in favor of the city over the lowlands shall be required for the purpose of improving and protecting the area from drainage and other purposes expressed in this chapter. Streets, driveways and culverts shall not be constructed or designed so as to restrict the flow of water and the same shall be approved by the City Council.
Subd. 1. No part of any land within the wetland conservation area shall be platted for residential use or any other use which will increase the danger to health, life, property or the public welfare. Whenever a portion of the conservation area is located within the area to be subdivided, an adequate easement in favor of the city over the lowlands shall be required for the purpose of improving and protecting the area from drainage and other purposes expressed in this chapter. Streets, driveways and culverts shall not be constructed or designed so as to restrict the flow of water and the same shall be approved by the City Council.
Subd. 2. For lots created after 28 August 1995, or for those lots where a wetland buffer strip and setback have been required as part of a subdivision development agreement, a buffer strip shall be maintained abutting all wetland conservation areas as provided in § 1102.03 of this code and abutting WCA wetlands.
a. It is the responsibility of the subdivider to delineate the exact boundaries of wetland conservation areas as provided in § 1102.03 of this code and the boundaries of WCA wetlands. Wetland delineations supplied by subdividers shall be certified by a qualified wetland delineator approved by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources.
b. Wetland buffer strips and structure setbacks shall apply to all parcels of land whether or not the wetland is on the same parcel as the development.
c. Buffer strip vegetation shall be preserved and maintained in its natural state.
d. For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required.
e. A survey monument is required at each lot line where it crosses a wetland buffer strip and as necessary to adequately determine the location of the wetland buffer strip. These monuments shall remain in place after site grading of the lot has been completed.
f. Wetland buffer strips and structure setbacks shall be as follows:
(1) Wetland buffer strip: minimum 35 feet from wetland conservation area or WCA wetland;
(2) Structure setback: minimum 15 feet from wetland buffer strip (fences and play equipment may encroach into the structure setback area, but not into the wetland buffer strip).
(1987 Code, § 1102.06) (Ord. 305, passed 8-28-1995)