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7.5 SR 12-18-2023
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7.5 SR 12-18-2023
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7.5 At. 1 <br />Elk River for more infoYmation." The cityr Yeserves the right to eliminate this Yequirement <br />if it deems it impractical. <br />v. The city, at its sole discretion, following the cityT's master park trail plan, mayT allow nature <br />trails compYised of natuYal mateYials, to be located within the wedand buffeY strip. <br />vi. Leisure activities such as hiking, nature studies, canoeing, boating and horseback riding, <br />including facilities such as nature trails and docks which allo`v for such activities are <br />permitted in the wedand buffer strip. <br />vii. Final plats foY all subdivisions shall provide an easement over all wedands and wedand <br />buffer strips for the purposes of identification and protection. <br />viu. PYoperties platted prioY to June 19, 2006, shall be exempt from the vegetation <br />management requirements described in subsections ii—iv above. <br />(b) 1�etland buffea�stTzp setl�ack. A minimum 20-foot setback fYom wedand buffeY strips is <br />heYeby established by the cityr. <br />i. No principle or accessoryT structures, patios, paving, or other impervious surface <br />shall be located within this setback. <br />ii. Nature trails, at the cityr's approval, may be located within the wedand buffeY strip <br />setback. <br />iii. On propertyT that was platted prior to June 19, 2006, uncovered decks and <br />permeable pavement can be located within this setback. <br />(c) Exceptions. PropeYties platted pYior to adoption of the wedand buffeY strip and <br />Wetland buffer strip setback performance standards set forth in this section ma�T <br />not be configured to accommodate the required performance standards. For this reason, <br />exceptions to the peYfoYmance standaYds foY pYopeYties platted prioY to June 19, 2006, mayr <br />be approved byr the planning manager puYsuant to the site plan review pYocess. Applicants <br />for site plan revie`v shall pa�T the fee specified in the cityT's fee schedule. Site plan approvals <br />and required conditions shall be made byT the planning manager on a case-b�T-case basis, <br />with the goal of maintaining consistenc�T with the performance standards to the maximum <br />extent reasonabl�T possible. Appeals from staff determinations and conditions ma�T be made <br />pursuant to the appeal procedures set forth in section 30-634. <br />(d) Fences. Fences may encYoach into the wetland buffeY strip setback, but at no rime <br />shall the�T be allo`ved within the wetland buffer strip or in delineated `vetlands. Properties <br />platted pYioY to June 19, 2006, shall be exempt from this Yequirement. <br />(Ord. No. 06-07, � 2, 6-19-2006; OYd. No. 16-24, � 1, 11-21-2016; Ord. No. 17-07, � 1, 4- <br />17-2017; Ord. No. 18-12, � 1, 7-16-2018) <br />Sec. 30-1853. - Vegetation standards. <br />(a) Where acceptable natural vegetation exists in wetland and `vetland buffer strip areas, the <br />retention of such vegetation in an undisturbed state is Yequired unless an applicant receives <br />approval to replace such vegetation. A�vetland or wetland buffer strip has acceptable <br />natuYal vegetation if it: <br />1. Has a continuous, dense la�reY of perennial gYasses that have been uncultivated or <br />unbroken for at least five consecutive �Tears, or <br />2. Has an overstoryT of trees and/or shrubs `vith at least 80 percent canopy closure that <br />have been uncultivated or unbroken for at least five consecutive years, or <br />Last LJpdated]anuar� 2023 <br />row�REo er <br />������ <br />
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