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builder and property owner of the permanent setback requirement and to protect the existing <br />vegetation throughout the development process. <br />(3) All fencing barriers shall not be removed until construction and/or development has been <br />completed. It shall be the responsibility of the builder or property owner to remove all <br />fencing barriers once the lot has been landscaped (sod and/or seed established). <br />(d) Prohibited activities within the setback area include: <br />(1) Structures, except for approved fences, are not permitted within the setback area. No fencing <br />shall be permitted within the wetland boundary. <br />(2) Paving, except projects with a public purpose such as public trails. <br />(3) Retaining walls. <br />(4) Filling, dumping, or yard waste disposal. <br />(5) Fertilization. <br />(6) Septic systems. <br />(e) Exemptions from Provisions. <br />(1) Vegetative height restrictions specified in Chapter 30 shall not apply to existing, undisturbed <br />vegetation within the permanent setback area. <br />(2) Nothing herein shall prevent the treatment or removal of any noxious weeds found within the <br />permanent setback area. <br />Sec. 117-290. — Setback Area Protection Plan. <br />(a) A wetland and storm water pond setback protection plan shall be submitted as part of the grading, <br />drainage and erosion control plan or as a separate plan sheet and shall include, at a minimum, the <br />following: <br />(1) Location of all wetlands. <br />(2) Location of all permanent wetland and storm water pond setback areas. <br />(3) Location of all wetland and storm water pond protection measures. <br />(4) The following notes shall be included on all wetland and storm water pond setback protection <br />plans: <br />a. Contact the city prior to any land disturbance. <br />b. All wetland and storm water pond protection measures shall be installed prior to <br />development and/or building construction and must be approved by the city. <br />Sec. 117-291. — Variances. <br />(a) Request for Variance. Requests for variances from the strict provisions of this subdivision shall <br />be made in accordance with the procedures and requirements set forth in City Code Section 117- <br />53, except that any variance requests shall be made as part of the preliminary plat approval <br />process, or minor plat approval process, when applicable. <br />Sec. 117-292. — Violations and Penalties. <br />(a) Notice of Violation. <br />(1) A general notice will be given to any developer, builder, or property owner who fails to <br />comply with the provisions of this subdivision. The notice shall state the following <br />information: <br />