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vi. Leisure activities such as hiking, nature studies, canoeing, boating and <br />horseback riding, including facilities such as nature trails and docks which <br />allow for such activities are permitted in the buffer strip. <br />B. Wetland Buffer Strip Setback <br />A m;n;mum 20 (twenty) foot setback from the wetland buffer is hereby established by <br />the City. No structure, principle or accessory, shall be located within this setback. <br />Nature trails, at the City's approval, maybe located within the setback area. <br />Fences may encroach into the buffer strip setback, but at no time shall they be allowed <br />within the wetland buffer. <br />Vegetation Standards <br />A. Where acceptable natural vegetation exists in wetland and wetland buffer strip areas, <br />the retention of such vegetation in an undisturbed state is required unless an Applicant <br />receives approval to replace such vegetation. A wetland and/or wetland buffer strip <br />has acceptable natural vegetation if it: <br />1. has a continuous, dense layer of perennial grasses that have been uncultivated or <br />unbroken for at least 5 consecutive years, or <br />2. has an overstory of trees and/or shrubs with at least 80 percent canopy closure <br />that have been uncultivated or unbroken for at least 5 consecutive years, or <br />3. contains a mixture of the plant communities described in (1) and (2) above that <br />have been uncultivated or unbroken for at least 5 consecutive years. <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 />wetland and/or wetland buffer strip vegetation to be unacceptable if it: <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 />erosion issues, or <br />3 ~~~ ~~m° ~~~°° -°°~~~ ~* is unlikely to retain nutrients and sediment. <br />C. Where wetlands and/or wetland 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 wetland and wetland 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 />Variances <br />Refer to variance section. <br />S:\PLANNING\Case Files12006\OA\OA 06-04 City of ER WetlandlWetland Buffer Ordinance.doc <br />