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2004-12-07 P & Z Packet
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2004-12-07 P & Z Packet
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<br />" <br /> <br />2.1 Statutory Authorization <br /> <br />The City of Centerville has authority under Minnesota Statutes Chapter 497 to regulate erosion and <br />sediment control for.1and distributing activities. TIris ordinance, as well as, Chapter l03 of Minnesota <br />Statutes and Section 404 of the Federal Clean Water Act also regulate erosion and sediment control. <br /> <br />2.2 - Scope <br /> <br />The erosion and sediment control permit shall be required for any and all grading activities meeting the <br />criteria listed in Section 4.3 of this ordinance. <br /> <br />2.3 Responsibility <br /> <br />Neither the issuance of the erosion and sediment control permit nor compliance with its conditions or the <br />provisions of this ordinance, shall relieve any person from any responsibility otherwise imposed by law <br />for damages to persons or party, nor shall the issuance of any permit hereimder serve to impose any <br />liability on the municipality or its officers or employees for injury or damage to persons or property. A <br />permit issued pursuant to this ordinance shall not relieve the permittee of the responsibility of complying <br />with any other requirements established by law, regulation or ordinance. <br /> <br />2.4 Severability <br /> <br />If any part of this ordinance is held to be unconstitutional or invalid by a court of jurisdiction, the <br />remainder of this ordinance shall not be affected thereby. <br /> <br />2.5 Enforcement <br /> <br />Any violation of the provisions of this ordinance or failure to comply with any of its requirements <br />(including violations of conditions established in connection with grants of variances) shall constitute a <br />misdemeanor and shall be punishable by law. Any person who is in violation of this ordinance allows <br />erosion to occur shall restore the impacted area to the original condition or reimburse the City for the <br />costs of restoration. <br /> <br />2.6 Greater Restrictions <br /> <br />It is not the intention of this ordinance to repeal or abrogate any existing erosion and sediment control <br />policies; however, where this ordinance imposes greater restrictions, the provisions of this ordinance <br />shall prevail. <br /> <br />2.7 Definitions <br /> <br />(Terms not defined in this ordinance shall have the meaning customarily assigned to them as a matter of <br />general usage.) <br /> <br />A. Alteration. Any change or modification of land, water, vegetation or existing structure in <br />a wetland or wetland impact area. <br /> <br />Page 3 of9 <br />
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