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<br />B. Notwithstanding the performance standards set forth above in Subdivision 9 (A), the <br />City Environmental Administrator and/or his/her designee may determine existing <br />wedand and/or wedand buffer strip vegetation to be unacceptable if it: <br /> <br />1. is composed of Weeds (including, but not limited to common buckthorn, purple <br />loosestrife, leafy spurge and/or noxious weeds as defined by Minnesota Statutes, <br />Sections 18.76-18.88), or <br />2. has topography that tends to channelize the flow of surface runoff, resulting in <br />erOSlOn issues, or <br />3. for some other reason it is unlikely to retain nutrients and sediment. <br /> <br />C. Where wedands and/or wedand buffer strips, or a portion thereof, are not vegetated <br />or have been cultivated or otherwise disturbed within 5 years of the permit application, <br />such areas shall be re-planted and maintained. The wedand and wedand buffer strip <br />landscaping shall be planted according to the City's planting guidelines or the applicant <br />shall submit a planting plan for approval by the City. <br /> <br />30-1854 Variances <br /> <br />Variances may be considered for deviations from the strict application of the standards set <br />forth, as oudined in section 30-633 of this Code. <br /> <br />Section 3. That this ordinance shall take effect upon publication as provided by <br /> <br />law. <br /> <br />Passed and adopted by the City Council of the City of Elk River this _th day of <br />,200_. <br /> <br />Stephanie Klinzing <br />Mayor <br /> <br />Attest: <br /> <br />Joan Schmidt <br />City Clerk <br /> <br />S:\Ordinances\2006 Ordinances\Wetland Buffer Ordinance.doc <br /> <br />4 <br />