The preservation of existing trees and vegetation as well as the planting of new trees and vegetation can significantly add to the quality of the physical environment of the community. This section provides for the health, safety and welfare of the residents of the City and is intended to:

   (1)   Promote the reestablishment of vegetation in urban areas for aesthetic, health and urban wildlife reasons;

   (2)   Establish and enhance a pleasant visual character which recognizes aesthetics and safety issues;

   (3)   Promote compatibility between land uses by reducing the visual, noise and lighting impacts of specific development on users of the site and abutting uses;

   (4)   Unify development, and enhance and define public and private spaces;

   (5)   Promote the retention and use of existing vegetation;

   (6)   Aid in energy conservation by providing shade from the sun and shelter from the wind;

   (7)   Reduce flooding and erosion by stabilizing soils with trees and vegetation; and

   (8)   Work in conjunction with the tree preservation ordinance.

   A landscaping plan shall be submitted at the time of site plan/preliminary plat review for any:

   (1)   New development or new building construction in any commercial, industrial, single-family residential, multiple-family residential, public/institutional or planned unit development.

      a.   Modification or expansion of a building or improvements to a site that affect greater than 10% of the existing non-residential structure/site, and/or when there is a change in land use. Landscaping requirements shall be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the Zoning Administrator. In all cases appropriate screening and buffering shall be provided for the entire site.

      b.   No building permit for any non-single family residential construction shall be issued until a landscape plan, if necessary, is approved and a security is obtained by the City.

   Landscape plans for new developments shall be prepared by a landscape architect or other qualified person acceptable to the Zoning Administrator at a legible scale and shall include the following:

   (1)   Boundary lines of the property with accurate dimensions;

   (2)   Locations of existing and proposed buildings, parking lots, islands, sidewalks, roads and other features or improvements affecting and screening of the site;

   (3)   Proposed grading plan with 2-foot contour intervals;

   (4)   Location, size and common name of all existing significant trees at least 6 inches in diameter or greater as measured 54 inches above the ground. (For changes to developed sites, the location, size and common name of all trees and shrubs on the site must be identified.);

   (5)   A planting schedule containing symbols, quantities, common and botanical names, size of plant materials at installation and full maturity, root condition and special planting instructions;

   (6)   Planting details illustrating proposed locations of all new plant materials;

   (7)   Locations and details of other landscape features including berms, screening, fences and planter boxes;

   (8)   Details of restoration of disturbed areas including areas to be sodded or seeded;

   (9)   Location and details of irrigation systems; and

   (10)   Details and cross-sections of all required screening.

   All landscape plans shall adhere to the following:

   (1)   General landscaped requirements.

      a.   All open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of over-story trees, under-story trees, coniferous trees, shrubs, flowers and ground cover materials.

   (2)   Landscaping requirements in Single-Family Residential Districts.

      a.   Lots must maintain vegetation in the City’s right-of-way and along the 5-foot perimeter of the property, except in areas where the required driveway access is located. An exception to this restriction would be landscape materials (2 to 3 feet in width) adjacent to a residential driveway.

      b.   Number of trees. The minimum number of major or over-story trees on any given site shall be as indicated below with a minimum percentage of landscape area for Non-Residential Use Districts. These are the minimum substantial plantings, in addition to other under-story trees, shrubs, flowers, and ground cover, deemed appropriate for a complete quality landscape treatment of the site.

      c.   Each 1 and 2-family residential dwelling unit shall contain trees totaling at least 8 inches in diameter at installation with a minimum of 2 trees located in front of the home. Each tree must meet minimum size requirements as indicated in the table in Subdivision 5(3). The Zoning Administrator may authorize the placement of some of the required trees within the side or rear yard if, due to the shape of the lot, there are unique circumstances.

   (3)   Landscaping requirements in multiple family residential, and all non-residential uses.

      a.   General requirements. General requirements that shall apply in all Non-Residential Districts and non-residential uses in Residential Districts include the following:

         1.   Plant diversity. In addition to the 25% plant diversity requirement, the landscape plan design shall, at a minimum, provide at least 3 of the following required numbers of trees and shrubs in addition to any trees and shrubs required for screening in Subdivision 7 of this Subsection:

            (a)   One over-story tree per 3,000 square feet of open area.

            (b)   One ornamental tree per 1,500 square feet of open space.

            (c)   One evergreen tree per 3,000 square feet of open area.

            (d)   One deciduous or evergreen shrub per 100 square feet of open area.

      b.   Building ground cover. A minimum 5-foot strip from the building edge must be treated with decorative ground cover and/or foundation plantings, except for garage/loading areas and pedestrian access areas.

      c.   Softening of walls and fences. Plants shall be placed intermittently against long expanses of building walls, fences, and other barriers to create a softening effect. Plantings shall also be proportionate to the height of the building. Additional depth along buildings may be required to accommodate this landscaping.

      d.   Heat island reduction. To minimize impact on microclimate, human and wildlife habitat, shading of parking lots is required. At least 1 over-story tree shall be planted for every 10 parking stalls on site. To satisfy this requirement trees must be located at least 4 feet and within 10 feet of a curb adjacent to any internal parking or drive area. The trees shall count toward meeting the overall site green space and landscaping requirements identified by this chapter for the underlying zoning district.

   (4)   Parking lot landscaping requirements. The following shall apply to all new development and redevelopment of parking lots for expansions creating 5,000 square feet or more of impervious surface or disturbance of 1/2 acre or more of land.

      a.   Parking lot screening. Parking lot screening shall be designed to reduce the visual impact of surface parking lots; mitigate glare from headlights; improve the aesthetic quality of the area for users of the site, adjacent sites, roadways, and sidewalks; and define the perimeter of the parking lot as follows:

         1.   Off street parking containing 4 or more parking spaces. Between those portions of an off street parking area containing 4 or more parking spaces and a different zoning district or a public street.

            (a)   Waiver. Parking lot screening requirements may be waived in circumstances where perimeter screening is provided or where the elevation of the parking area relative to the elevation of the street and sidewalk would make the screening ineffectual as determined by the Zoning Administrator.

      b.   Parking lot screening standards.

         1.   Parking lot screening must be provided within 10 feet of the perimeter of the parking lot to be screened, except for parking lots adjacent to rain gardens/bio-retention systems, other landscape features, or where the traffic sight visibility triangle may be impacted.

         2.   Parking lot screening shall be not less than eighty percent (100%) opaque and be a minimum of 3 1/2 feet and a maximum of 4 feet in height as measured from the adjacent finished surface of the parking area. When shrubs are used to provide the screen, such shrubs must be at least 2 feet tall at planting and anticipated to grow to at least 3 1/2 feet tall at maturity.

         3.   No landscaping or screening shall interfere with driver or pedestrian visibility for vehicles entering or exiting the premises.

      c.   Content. Parking lot screening must consist of at least 2 of the following:

         1.   A compact hedge of evergreen or densely twigged deciduous shrubs spaced to ensure closure into a solid hedge at maturity;

         2.   A berm with plantings described above;

         3.   Transit shelters, benches, bicycle racks and similar features may be integrated as a part of the screen;

         4.   Fencing may be integrated as part of the screen. All wood fencing shall be stained and sealed with a weatherproof product.

   (5)   Landscape requirements specific to Business Districts.

      a.   B-1 Office Business District:

         1.   At least 30% of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.

         2.   At least 8% of the internal parking area shall be landscaped. This area is counted as part of the overall required “landscape area.”

      b.   B-2 Neighborhood Commercial District business:

         1.   At least 30% of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.

         2.   At least 8% of the internal parking area shall be landscaped. This area is counted as part of the overall required “landscape area.”

      c.   B-3 General Business District:

         1.   At least 25% of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.

         2.   At least 3% of the internal parking area shall be landscaped. This area is counted as part of the overall required “landscape area.”

      d.   B-4 Commercial/Industrial District:

         1.   At least 25% of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.

         2.   At least 3% of the internal parking area shall be landscaped. This area is counted as part of the overall required “landscape area.”

   (6)   Landscape requirements specific to Industrial Districts.

      a.   I-1 Light Industrial District:

         1.   At least 25% of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.

         2.   At least 3% of the internal parking area shall be landscaped. This area is counted as part of the overall required “landscape area.”

      b.   I-2 Heavy Industrial District:

         1.   At least 25% of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.

         2.   At least 3% of the internal parking area shall be landscaped. This area is counted as part of the overall required “landscape area.”

      c.   B-P Business Park District:

         1.   At least 30% of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.

         2.   At least 8% of the internal parking area shall be landscaped. This area is counted as part of the overall required “landscape area.”

   (1)   Sodding and seeding. All front (including boulevards), side or rear yards facing a right-of-way shall be sodded with the following exceptions:

      a.   Single-family residential lots are not required to be sodded, but turf must be established within the front yard thereof within 120 days of the City issuing a certificate of occupancy (excluding time between October 1 and May 1). All silt fence or hay bale erosion controls must be maintained until turf is established. A financial security in an amount determined by the City will be required if turf is not established within the front yard (including to the rear of the structure abutting the street on a corner lot) prior to occupancy. Turf must be established for all portions of a yard within 1 year of the issuance of a certificate of occupancy.

      b.   Seeding may be used when the City determines sod is not practical or desirable such as, but not limited to, campus areas of schools, recreational playfields and open space, sites that are rough graded and areas that cannot be developed (such as those in a power line easement).

      c.   Seeding of future expansion areas as shown on approved plans.

      d.   Undisturbed areas containing existing viable natural vegetation that can be maintained free of foreign and noxious plant materials.

      e.   Areas designated as open space or future expansion areas properly planted and maintained with prairie grass.

      b.   As a condition of subdivision approval or the issuance of grading or building permit, the City may require the applicant to replace any significant trees which are damaged or destroyed as a result of development or construction activities. Significant trees that are damaged or destroyed shall be replaced by at least 2 trees meeting the minimum planting requirements.

   (3)   Minimum size. All plants must at least equal the following minimum size in conformance with American Nursery Association standards:

 

   (4)   Spacing.

      a.   Plant material centers shall not be located closer than 3 feet from the fence line or property line and shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the Zoning Administrator.

      b.   Where plant materials are planted in 2 or more rows, plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator.

      c.   Deciduous trees intended for screening shall be planted not more than 20 feet apart. Evergreen trees intended for screening shall be planted not more than 15 feet apart.

      d.   Where massing of plants or screening is intended, large deciduous shrubs shall be planted 4 feet on center or closer, and/or, evergreen shrubs shall be planted 3 feet on center or closer.

   (5)   Design.

      a.   Design (except for pond slopes which shall be subject to the review and approval of the City Engineer or Zoning Administrator):

         1.   The landscape plan must show some form of designed site amenities (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, and the like) which are largely intended for aesthetic purposes.

         2.   All areas within the property lines (or beyond, if site grading extends beyond) shall be treated. All exterior areas not paved or designated as roads, parking, or storage must be planted into ornamental vegetation (lawns, ground covers, or shrubs) unless otherwise approved by the Zoning Administrator.

         3.   Turf slopes in excess of 3:1 are prohibited.

         4.   All ground areas under the building roof overhang must be treated with a decorative mulch, rock cover and/or foundation plantings.

         5.   All principal buildings must have an exterior water spigot or irrigation system (if required by Subd. 5(10) of this section) to ensure that landscape maintenance can be accomplished.

         6.   Trees and shrubs shall not be planted in the right-of-way except for designated parkways and streets as determined by the City Council.

         7.   All plants required as part of an approved landscaping plan shall be maintained and kept alive. Dead plants shall be replaced in accordance with the approved landscape plan.

   (6)   Species.

   (7)   Parking lots/planting islands. All parking lots shall meet the design requirements in Subsection 1001.19, Subd. 6(1) and (3). In addition the following requirements shall be met:

      a.   Landscape parking lot islands shall be required at the beginning and end of each parking row and shall contain a minimum of 180 square feet and a minimum width of 9 feet. Such islands shall be bounded by a raised concrete curb or approved equivalent and shall contain mulch (wood, bark, or decorative rock) or turf grass to retain soil moisture. An exception will be made for use of rain gardens with parking lot islands. This provision shall not apply to parking structures.

      b.   A minimum of 1 over-story tree shall be provided for each island. This provision may be waived for islands utilized for stormwater management or other utility or safety issues as determined by the City Engineer.

      c.   Shrubs, perennials or ornamental grass shall be incorporated in each landscaped island.

      d.   Islands shall be prepared with topsoil to a depth of 2 feet and improved to ensure adequate drainage, nutrient and moisture retention levels for the establishment of plantings.

      e.   All perimeter and interior landscaped areas in parking lots shall be equipped with a permanent irrigation system, unless drought tolerant plant materials are used exclusively. Where drought tolerant plant materials are used, irrigation shall be required only for the 2 year period following plant installation and may be accomplished using hoses, water trucks, or other nonpermanent means.

   (8)   Detention/retention ponds. Storm water ponds shall be landscaped with an average of a 10-foot buffer strip of shade and ornamental trees, evergreens, shrubbery, natural grasses, groundcover and/or other plant materials to provide an aesthetically appealing setting. This landscaping shall be in addition to the required landscaping.

   (9)   Slopes and berms. Final slopes of greater than 3:1 will not be permitted without special treatment such as terracing or retaining walls. All berms must incorporate trees and plantings into the design. In no situation shall berms be used as the sole means of screening.

   (11)   Landscape guarantee. All new plants shall be guaranteed for 12 months from the time planting has been completed. All plants shall be alive, of good quality, and disease-free at the end of the warranty period or be replaced. Any replacements shall be warranted for 12 months from the time of planting.

   The following requirements shall apply to all lots abutting parkways and the ground area within the street right-of-way.

   (1)   The abutting property owner shall be responsible for improving and maintaining the ground surface of the parkway boulevard with turf or other plant material and parkway trees.

   (2)   Parkway trees shall be provided not more than 20 feet apart in the right-of-way adjacent to the parcel and within the median of the parkway.

   (3)   A variety of over-story species should be included in the planting plan for a specific development.

   (1)   Requirements for fences.

         1.   No fence greater than 3 feet in height shall be erected within 20 feet of any street right-of-way line. Fences in RO District shall follow all other applicable fence requirements in Subd. 7(1), b.

         3.   No fence shall be erected in any required front yard, or side corner lot yard, to a height in excess of 4 feet.

         4.   Fences along, corner lot lines may be up to 6 feet in height provided the fence is no closer than 20 feet to the front elevation of the home. Fences which do not meet this 20 feet setback from the front elevation are limited to no taller than 4 feet in height. See the example fence figure below.

         5.   Fences shall be setback from trails, or sidewalks a minimum of 5 feet if the trail or sidewalk is within right-of-way. If a trail runs through private property or between properties within public park land, fences shall be setback a minimum of 10 feet from the trail. Where no trail or sidewalk is present along the corner lot line, fences shall be setback a minimum of 15 feet from the edge of curb and shall not encroach into public right-of-way. Sec the example fence figure below.

         6.   Fences within the front yard shall be limited to a maximum of 4 feet in height; and a minimum of 50% opacity (leaving 50% open for the passage of air and light); limited to decorative fences, such as picket fences, split rail fences, and decorative iron fences, or a material as approved by the Zoning Administrator (or their assignees). Fences along all other parts of the yard shall be of a fence type (e.g. privacy, chain-link, picket, split rail, etc.) and material (wood, wrought iron, PVC, maintenance free vinyl, etc.) common to residential areas. All fences shall be of a make, and maintained, so as to not constitute a nuisance.

               7.   The required front yard of a corner lot shall not contain any fence which may cause danger to traffic on a street or public road by obscuring the view. On corner lots in all districts no fence or planting shall be permitted within the intersection sight distance triangle. No fence, wall, hedge, screen, sign, structure, vegetation, planting, snow pile or other obstruction shall be higher than 3 feet above grade on any corner lot or parcel in any zoning district requiring front and side yards within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the 2 street lines at points which are 30 feet distant from the point of intersection, measured along or within 20 feet from the intersecting property lines if there is no curb

               8.   In those instances where a fence exists as an enclosure which restricts access from the front to the rear yard, a gate, or other means of recognizable ingress shall be unobstructed and a minimum of 3 feet in width. The location of such ingress points shall be positioned at any point paralleling the front lot line, between the side lot property line and the principal structure.

               9.   No physical damage of any kind shall result to abutting property.

               10.   Chain link fences used for the enclosure of tennis courts or other such recreational purposes shall not exceed 10 feet in height and shall be located in a rear yard only.

         2.   Boundary line fences abutting residential districts shall conform to those conditions applying to the residential district.

         3.   Fences on which barbed wire may be placed and are erected primarily to secure a particular given area may have arms not to exceed 36 inches in length located a minimum of 7 feet and a maximum of 8 feet above the ground surface.

         4.   Fences erected within the required front yard, along the front property line, shall not be over 6 feet in height and shall be of a chain link construction permitting maximum visibility.

      (a)   Where any use, including new residential subdivisions, that abut a collector or arterial roadway as defined in the City's Comprehensive Plan, that use or subdivision shall provide a buffer yard with screening along the entire boundary of the roadway.

      (b)   Where any business or industrial use (i.e. structure, parking or storage) abuts property zoned or guided for residential use, that business or industry shall provide a buffer yard with screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, except on the side of a business or industry considered to be the front (as determined by the Zoning Administrator). The buffer area and screening shall also be provided where a business or industry is across the street from a residential zone or use.

      (c)   Where a buffer yard or screening is required for a specific use as required in this Title.

      (d)   Size of buffer:

         1.   Any business, industrial or medium and high density residential use that is abutting a less intense zoning district, or across the street from a less intense zoning district shall provide a minimum of 20 feet wide buffer along the adjacent boundaries.

         2.   Any use that abuts a collector or arterial roadway as defined in the City's Comprehensive Plan shall provide a minimum of 35 feet wide buffer along the entire boundary of the roadway.

      Protect the character, appearance and value of land and neighborhoods through the use of landscaping, screening and buffering techniques that present a more natural and aesthetically pleasing appearance.

      Encourage creativity, innovation and incorporation of existing vegetation, topography and other site features into the design and placement of landscaping.

      Buffer the visual impact of development from streets rights-of-way, provide for adequate protective screening for residential uses adjacent to or near non-residential zoning districts or uses.

      Establish the minimum standards for the design, installation, and maintenance of landscaping, screening and buffer between uses.

         1.   Planting screens shall be fully irrigated, consist of healthy, hardy plants, a minimum of 6 feet in height and designed to provide a year round visual screen at the time of installation whenever screening or buffering is required. A minimum of 6 trees per 100 feet of property boundary adjacent to impacted property or the roadway shall be provided. Additional trees may be required to accomplish required screening. A variety of species, including deciduous, non- deciduous trees and shrubs shall be provided.

         2.   Plant material centers shall not be located closer than 5 feet from the fence line and property line, and shall not conflict with public plantings, sidewalks, trails, and the like.

         3.   Landscape screen plant material shall be staggered to avoid single rows.

         4.   Shrubs shall be arranged to lessen the visual gaps between trees. Along arterial streets, all plantings of deciduous trees shall be supplemented with shrubs such that the buffer yard contains a continuous band of plants.

         5.   Deciduous shrubs shall not be planted more than 4 feet on center, and/or evergreen shrubs shall not be planted more than 3 feet on center.

         6.   Deciduous trees intended for screening shall be planted not more than 40 feet apart. Evergreen trees intended for screening shall be planted not more than 15 feet apart.

      (a)   Berms shall have side slopes no steeper than a 4:1 ratio.

      (b)   To provide visual variation, the height of the berm shall vary with undulating character. Such variations shall not reduce the berm height so as not to provide the screening benefits intended by the berm. In areas where the height of the berm is reduced landscape Screening must be provided to fulfill the purpose of the berm.

      (c)   An illustrative (cross section) plan shall be submitted with the landscaping plan to illustrate the effectiveness of the proposed buffer yard, screening and berm.

      a.   All rooftop and ground mounted mechanical equipment shall be screened so as to mitigate noise.

      b.   All rooftop and ground mounted mechanical equipment shall be designed (including exterior color) and located so as to be aesthetically harmonious and compatible with the building. Screening of and landscaping around the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening.

      c.   Rooftop mechanical equipment less than 3 feet in height may be exempt from screening requirements by the Zoning Administrator.

   (8)   Fencing may be integrated as part of the screen. All wood fencing shall be stained and sealed with a weatherproof product.

      a.   Fence and screening device installation and maintenance:

         1.   All fences and/or screening devices shall be properly maintained so they do not become unsightly, or hazardous.

         2.   A fence permit is required prior to installation of a fence within the City. The permit fee and procedures shall be established by the City and may be revised from time to time.

         3.   If there is a nice side and a back side of the fence, the nicer side of the fence shall face outward, and the back side of the fence or less attractive side of the fence shall be constructed to face the interior of the property constructing the fence unless specifically allowed in writing by the adjacent property owner to be constructed differently. Adjacent to a public right-of-way or road easement, City approval is necessary to have the back side of the fence face the right-of-way/easement.

         4.   All screening and fencing shall be constructed in a workmanlike manner, including method of construction and materials.

      a.   No certificate of occupancy shall be issued until the landscaping is completed in accordance with approved plans unless a financial guarantee acceptable to the City is provided to the City to cover the amount of the landscape improvements.

      b.   All screening and landscaping shall be constructed in a workmanlike manner, including method of construction and materials.

   (1)   When screening, landscaping or other similar improvements to property are required by this chapter, a security shall be supplied by the owner in an amount equal to 125% of the City Engineer’s estimate of the value of such screening and landscaping. The security shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to 2 full growing seasons after the actual date of installation of the landscaping. In the event construction of the project is not completed within the time prescribed by building permits and other approvals, or if the plant materials have died within 2 full growing seasons, the City may, at its option, complete the work required or replace the landscaping at the expense of the owner and the security.

   (2)   The City may allow an extended period of time for completion of all landscaping if the delay is due to conditions that are reasonably beyond the control of the developer. The Zoning Administrator may grant extensions for a period not to exceed nine months, due to seasonal or weather conditions. When an extension is granted, the City shall require such additional security as it deems appropriate.

   All landscaping elements must be installed with professional horticultural standards as established with the most current edition of the Landscape Construction Reference Manual as published by the Minnesota Nursery and Landscape Association within 90 days of the issuance of the certificate of occupancy, or by June 15 for homes for which a certificate of occupancy is issued between September 1 and March 1.

 

 

   (2)   Notice - failure to comply. After giving the owner or occupant of a lot not in compliance with the length limitation for grass and weeds 7 days advance written notice of the noncompliance, the City may cut, or cause to be cut, the grass and weeds and may assess the cost against the property in accordance with M.S. § 429.061, as may be amended from time to time.

   (3)   General.

      a.   All exposed ground areas, including street boulevards, and areas not devoted to off-street parking, drives, sidewalks, patios or other such improvements shall be landscaped with grass, shrubs, trees (except in boulevard portions of the public right-of-way) or other ornamental landscape materials within 1 year following the date of building occupancy. A final certificate of occupancy may be issued upon compliance with this Subsection.

      b.   All landscaped areas shall be maintained by the property owner and kept neat, clear and uncluttered, and where landscaping is required as part of City approvals, any plant material which is diseased or dies shall be replaced with like kind of the original size. No landscaped area shall be used for the parking of vehicles or for the storage or display of materials, supplies or merchandise, unless specifically approved by the City.

      c.   Fences and/or plantings placed upon utility easements are subject to removal by the City or utility company if required for maintenance or improvement of the utility. In such case, costs for removal and replacement shall be the responsibility of the property owner. Trees on utility easements containing overhead wires shall not exceed 15 feet in height, and such trees shall be the property owner’s responsibility to maintain.

(Ord. 2006-04, passed - -2006; Am. Ord. 2010-07, passed 3-23-10; Am. Ord. 2010-18, passed 9-28-2010; Am. Ord. 2011-12, passed 9-13-2011; Am. Ord. 2012-06, passed 4-24-2012; Am. Ord. 2014-04, passed 3-25-2014; Am. Ord. 2016-11, passed 4-12-2016; Am. Ord. 2018-13, passed 4-10-2018; Am. Ord. 2018-20, passed 8-29-2018; Am. Ord. 2018-22, passed 11-28-2018; Am. Ord. 2021-17, passed 7-27-2021)