(A) Purpose. A district relating to low lands, marshes, wetlands, drainage ways, water bodies and water courses regulating alteration and development of those lands and providing for the issuance of permits therefore, and specifically to:
(1) Reduce danger to the health, safety and welfare of the residents of Slayton by protecting surface and ground water supplies from the impairment which results from incompatible land uses and alterations, and by providing safe and sanitary drainage;
(2) Restrict and control land development so it will not impede the flow of flood water or cause danger to life or property;
(3) Designate suitable land uses that are compatible with the preservation of the natural vegetation and marshes which are a principal factor in the maintenance of constant rates of water flow through the year and which sustain many species of wildlife and plant growth;
(4) Regulate runoff of surface waters from developed areas to prevent pollutants such as motor oils, sand, salt and other foreign materials from being carried directly into the nearest natural stream, lake or other public or private waters;
(5) Regulate the alteration of wetland systems to prevent excessive sediment pollution, increased and rapid water runoff, excessive nutrient runoff pollution and to maintain the aesthetic appearance of the wetlands; and
(6) Prevent the development of structures in areas which will adversely affect the public passage and use of creeks, marshes, low lands and water courses within the city.
(B) District application.
(1) The W Wetland Systems District shall be applied to and superimposed upon the Agricultural-Open Space, Residential, Business or Industrial Districts contained herein existing or amended by the text and map of this chapter. The regulations and requirements imposed by the Wetland Systems District shall be in addition to flood plain and shoreland and those established for the district which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply.
(2) The Wetland Systems District within the City of Slayton is defined and established to include those areas which include any water course, natural drainage system, water body or wetlands that may be subject to periodic flooding, overflow or seasonally high water tables. The district boundary lines shall be established upon geographical, hydrological and surficial geological data obtained from the United States Department of Agriculture Soil Conservation Service and Soil Survey, Murray County, Minnesota. The Wetland Systems areas are composed of soils groups 8, 9, 10 and 11 as defined by the U.S.D.A. Soils Conservation Service. These specific soils groups are characterized as unsuitable for development due to their poor drainage qualities, flooding proneness, poor texture, high water table depth and general organic content.
(C) Permitted uses. The following operations and uses are permitted in the Wetland Systems District as a matter of right, subject to any other applicable code, ordinance or law:
(1) Grazing, farming, (excluding animal feedlots) nurseries, gardening and harvesting of crops;
(2) Sustained forestry and tree farms;
(3) Conservation of soil, vegetation, water, fish and wildlife;
(4) Scientific research and educational activities that teach principles of ecology and conservation;
(5) Leisure activities such as hiking, nature studies, canoeing, boating, camping water-skiing, skin-diving, horseback riding, field trails and general outdoor recreation including play and sporting areas that are not consistent with the intent of this chapter; and
(6) Essential services.
(D) Prohibited uses. Except as may hereinafter be conditionally permitted, it shall be unlawful for any person to:
(1) Place, deposit or permit to be deposited, debris, fill or any material including structures into, within or upon any water body, water course or wetlands flood plain or natural drainage system;
(2) Dig, dredge or in any other wav alter or remove any material from water bodies, water courses, wetlands, flood plains or natural drainage system;
(3) Erect structures for human habitation;
(4) Create ponds, dam or relocate any water course, or change the natural drainage system;
(5) Clear and/or cut trees or other vegetation;
(6) Permanently store materials;
(7) Erect signs; or
(8) Dispose of waste materials, including but not limited to sewage, garbage, rubbish and other discarded materials.
(E) Development regulations.
(1) Land owners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within a wetlands district within the City of Slayton shall first submit a conditional use permit application as regulated by § 152.41 below and a plan of development, hereinafter referred to as a wetland systems impact plan, which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features and any additional matters intended to improve or maintain the quality of the environment.
(2) This plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade changes and its effect, if any, upon lake, streams, water courses and marshes, lowlands and wetlands in the area.
(3) The plan shall minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible that are proposed to be removed.
(4) The purpose of the wetland systems impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation.
(Prior Code, § 18.115) Penalty, see § 10.99