Agenda - Council - 04/28/2009 - Laserfiche WebLink

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Subd.2. Notwithstanding the above performance standards, the City may determine existing buffer vegetation to be unacceptable if it is composed of undesirable plant species including, but not limited to, common buckthorn, purple loosestrife, leafy spurge, noxious weeds or any other plants included in the DNR's Minnesota Invasive Non-Native Terrestrial Plants list. Subd. 3. Where buffer areas or a portion thereof, are not vegetated or have been cultivated or otherwise disturbed within. ten (10) years of the permit application; such areas shall be re-planted arid maintained according to the City's standard seeding specifications available from the City's Community Development Department. Subd. 4. Responsibilities of Applicant for Subdivision. Establishment and initial maintenance of buffer strip vegetation for the first two (2) years is the responsibility of the subdivision applicant. During the first two (2) years, buffer vegetation that does not survive must be re-planted by the subdivision applicant. After the fITst two (2) years, if the condition of the buffer area changes through natural processes not caused by human activity, the subdivision applicant shall not be required to . reestablish the buffer area to meet the standards contained in this Section. Subd. 5. Responsibilities of Subsequent Lot Purchasers. Subsequent purchasers of lots subject to this Section are not required to engage ill active maintenance of buffers. However, it remains the responsibility of lot purchasers to refrain from activities prohibited within wetland buffers as enunciated in this subdivision and in the . required notice recorded against the lot title. Some otherwise prohibited activities, such as mowing or herbicide applications,. may be allowed as elements of an active maintenance plan approved by City staff. The following activities are prohibited within wetland buffers unless expressly. allowed under a City-approved buffer management regrmen: a. Mowing; b. Cutting of woody vegetation, with the exception of invasive non- native trees and shrubs, shall be prohibited. A list of invasive non- native trees and shrubs is available from the City; c. Filling, grading or excavating; d. Disposal of grass clippings,. tree branches or other vegetative waste; e. Placement of structures; f. Application of herbicides, except as applied in spot treatments to control or eradicate prohibited, restricted or secondary noxious weeds as defined in Minn. Rules 1505.0730 to 1-505.750. A list of these species is available from the City. -147-