§ 20-409. Permit application requirements and decisions.

(a)

A wetland alteration permit shall not be issued without having been first reviewed by the planning commission and approved by the city council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules Chapter 8420.0230. The applicant shall have the burden of proving that the proposed use or activity complies with the purposes, intent and other provisions of this article. The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this article. Such conditions may, among other matters, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation and wetland functions and values, establish required monitoring procedures and maintenance activities, stage the work over time, require the alteration of the site design to ensure buffering, and/or require the provision of a performance security.

(b)

Any projects seeking a wetland alteration permit subject to this article will be required to submit the following:

(1)

A wetland alteration permit application;

(2)

A site/grading plan of the entire property;

(3)

Existing and proposed drainage areas to wetlands;

(4)

A wetland delineation report in accordance with section 20-405;

(5)

Wetland classification information in accordance with section 20-406 for each wetland on property;

(6)

Buffer strip plan meeting the criteria of subsections 20-411(c) and (d);

(7)

Submittals required by the Wetland Conservation Act;

(8)

Topographic data;

(9)

Other information as required by the city.

(c)

Decisions made under this article that fall under the authority of the Minnesota Wetland Conservation Act may be appealed to the Minnesota Board of Water and Soil Resources under Minnesota Rules Chapter 8420.0250, after administration appeal rights under the official controls have been exhausted. Staff costs to the city associated with appeals shall be borne by the applicant.

(d)

The city council shall appoint a person to serve on a technical evaluation panel. The person must be a technical professional with expertise in water resources management. Decisions under this article must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the technical evaluation panel asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland management plan per Minnesota Rules Chapter 8420.0240. The city council may seek and consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions. Unless otherwise designated, the city's representative on the technical evaluation panel shall be the WCA agent.

(e)

The applicant for a wetland alteration permit is responsible for obtaining all other necessary permits including, but not limited to those required by watershed districts, Minnesota Department of Natural Resources, United States Army Corps of Engineers and Minnesota Pollution Control Agency prior to commencement of the permitted work.

(Ord. No. 449, § 2, 5-14-07)