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<br />. Subd.2. Notwithstanding the above performance standards, the City may <br />determine existing buffer vegetation to be unacceptable if it is composed of undesirable <br />plant species including, but not limited to, common buckthorn, purple loosestrife, leafy <br />spurge, noxious weeds or any other plants included in the DNR's Minnesota Invasive <br />Non-Native Terrestrial Plants list. <br /> <br />Subd. 3. Where buffer areas or a portion thereof, are not vegetated or have <br />been cultivated or otherwise disturbed within ten (10) years of the permit application, <br />such areas shall be re-planted and maintained according to the City's standard seeding <br />specifications available from the City's Community Development Department. <br /> <br />Subd. 4. Responsibilities of Applicant for Subdivision. Establishment <br />and initial maintenance of buffer strip vegetation for the first two (2) years is the <br />responsibility of the subdivision applicant. During the first two (2) years, buffer <br />vegetation that does not survive must be re-planted by the subdivision applicant. After <br />the first two (2) years, if the condition of the buffer area changes through natural <br />processes not caused by human activity, the subdivision applicant shall not be required to <br />reestablish the buffer area to meet the standards contained in this Section. <br /> <br />Subd. 5. Responsibilities of Subsequent Lot Purchasers. Subsequent <br />purchasers of lots subject to this Section are not required to engage in active maintenance <br />of buffers. However; it remains the responsibility of lot purchasers to refrain from <br />activities prohibited within wetland buffers as enunciated in this subdivision and in the <br />required notice recorded against the lot title. Some otherwise prohibited activities, such <br />as mowing or herbicide applications, may be allowed as elements of an active <br />maintenance plan approved by City staff. The following activities are prohibited within <br />wetland buffers unless expressly allowed under a City-approved buffer management <br />regimen: <br /> <br />a. Mowing; <br /> <br />b. Cutting of woody vegetation, with the exception of invasive non- <br />native trees and shrubs, shall be prohibited.. A list of invasive non- <br />native trees and shrubs is available from the City; <br /> <br />c. Filling, grading or excavating; <br /> <br />d. Disposal of grass clippings, tree branches or other vegetative <br />waste; <br /> <br />e. Placement of structures; <br /> <br />f. Application of herbicides, except as applied in spot treatments to <br />control or eradicate prohibited, restricted or secondary noxious <br />weeds as defmed in Minn. Rules 1505.0730 to 1505.750. A list of <br />these species is available from the City. <br /> <br />37 <br />