The purpose of this article is to enhance the visual appeal of new development and to protect and preserve the natural beauty of Excelsior. Landscaping improves air quality, complements the appearance of buildings, buffers potentially incompatible neighboring land uses, mitigates the environmental and visual impacts of surface parking areas, and conserves residential and commercial property values.

(Ord. No. 553, § 5, 1-17-2017)

(a)

This article applies to existing, new development, redevelopment, and substantial improvements nonresidential and multifamily (three units or more) developments unless otherwise noted herein.

(b)

Sections 12-5 (general landscape requirements) and 12-9 (preservation and protection of trees) apply to residential properties of one to two family lots unless otherwise noted herein.

(c)

For existing developments that lack the landscaping required by this appendix, a landscaping plan showing the required landscape improvements for all areas of the site to be disturbed by the proposed construction shall be required when one or more of the following conditions applies:

(1)

When any new principal building is constructed on the site.

(2)

When any addition to a principal building is constructed that increased its gross floor area.

(Ord. No. 553, § 5, 1-17-2017)

(3)

When any significant improvement, such as, but not to be limited to, a parking lot is made.

(Ord. No. 619, § 2, 12-21-2020)

(a)

Because of the wide variety of types of developments and the relationships between them, departures to the landscaping standards will be considered provided the alternative landscaping design meets the purposes of the applicable standards. Some examples of permissible deviations may include, but are not necessarily limited to: (1) additional density of vegetation in exchange for a reduction in building or parking setbacks, and (2) requiring less landscaping for more urban developments that have little or no building setback requirements.

(b)

If landscape improvements are required due to an expansion in floor area of an existing building, the planning commission and/or city council may waive certain requirements of this subsection if the cost to improve the landscape area exceeds 50 percent of the total expansion cost. This waiver may only be granted if the applicant provides the zoning administrator with an itemization of costs and materials necessary to meet the requirements of this article. Said itemization shall be generated from a qualified landscape architect, or a local/regional landscaping nursery or a garden center. An itemization of the building expansion costs, as calculated by a licensed contractor, engineer or architect shall also be provided.

(Ord. No. 553, § 5, 1-17-2017)

In every case where landscaping is required by provision of this article or by an approval granted by the city, for a building or structure to be constructed on any property, the applicant for a building permit shall submit a landscape plan prepared by a landscape architect or nursery designer. The landscape plan shall include the following information:

(a)

A scale drawing of proposed landscaping for the site based upon a survey of property lines with indication of scale and north point; existing and proposed topographic contours at two-foot contour intervals;

(b)

Location of all proposed utility easements and right-of-way; Location of existing and proposed buildings; parking areas; water bodies; proposed sidewalks; percent of site not covered by impervious surface;

(c)

Location, species and size of all existing trees ten inches or more in diameter and any such trees proposed to be removed;

(d)

Details of proposed planting beds and foundation plantings;

(e)

Delineation of both sodded and seeded areas;

(f)

Quantity, size, location and type of material to be planted (trees, shrubs, lowers, ground cover, etc.);

(g)

Details of fences, planting boxes, retaining walls, berms and other landscaping improvements;

(h)

Location and identification of proposed landscape or man-made materials used to provide screening from adjacent and neighboring properties, including a cross-section drawing at legible scale illustrating the effectiveness of proposed screening;

(i)

The location of outdoor storage areas and trash receptacles and the type and size of screening;

(j)

An irrigation plan that displays full coverage for planted areas; and

(k)

Name, address and qualifications of person, firm or organization that prepared the landscape plans; date of plan preparation; date and description of all revisions.

(Ord. No. 553, § 5, 1-17-2017)

(a)

All open areas of developed lots which are not devoted to off-street parking, loading and driving areas, sidewalks, patios, gardens and similar uses, shall be landscaped with grass, ground cover, trees, shrubs or other ornamental landscape materials. Undisturbed areas containing existing viable natural vegetation may be left in their natural state but shall be kept free of litter, debris, and noxious or unsightly weeds.

(b)

All required plant materials shall be compatible with the USDA Hardiness Zone for Excelsior.

(c)

Sodding, seeding and ground cover. In developed areas, sod or other acceptable ground cover shall be required within all yards. Seeding may be permitted in future expansion areas shown on approved plans.

(d)

Minimum size of required trees of shrubs, unless otherwise noted.

(1)

Overstory deciduous trees—2.5" diameter.

(2)

Understory deciduous trees—1.5" diameter.

(3)

Coniferous trees—Six feet tall.

(4)

Shrubs, except for ornamental grasses—five gallons.

(e)

Placement of plant materials.

(1)

No trees or shrubs shall be allowed within any drainage utility easements, street right-of-way, or immediately adjacent to any driveway or street intersection when it would interfere with motorist's views of the street at maturity. Plant material centers shall be located at least three feet from fences and property lines.

(2)

Required street landscaping may be placed within city street rights-of-way subject to approval of the public works superintendent ensuring planting is current with infrastructure design or adequate space is available to replant the required landscaping should subsequent street improvements require the removal of landscaping within the rights-of-way.

(f)

All landscaping that is located within public rights-of-way shall be maintained by the abutting property owner.

(g)

Species.

(1)

All required overstory trees shall be comprised of species which are classified as overstory trees by the American Nurseryman's Association. Trees which are considered as shrubs, understory trees or ornamental trees shall not be included in the count of required overstory trees;

(2)

No more than 50 percent of the required number of overstory trees shall be composed of one species;

(3)

Required overstory trees shall not include:

a.

Ash;

b.

American elm (except for disease resistant varieties);

c.

Silver maple;

d.

Box elder, cottonwood (male only);

e.

All species of the genus Populous (poplar); or

f)

Ginko (female only).

(Ord. No. 553, § 5, 1-17-2017)

In developed areas other than one and two family lots, the following shall be required:

(a)

Public right-of-way landscaping.

(1)

Amount and location. Street trees shall be placed 40 feet apart, as measured from the center of each tree trunk, or alternative spacing as approved by the public works superintendent. Where no planting strip is present or where utilities prevent trees from being planted in the designated planting strip, trees may be planted on the development parcel, in an area ranging from three to seven feet behind the property line nearest to the public right-of-way.

(2)

Design and plant characteristics.

a.

Trees planted along the public sidewalk and/or within the public right-of-way shall be selected from the city's approved street tree list. The public works superintendent and/or zoning administrator may consider other species provided that the proposed species have similar growing characteristics as city-approved trees.

b.

Where overhead utility lines are present, select a variety of tree that, at maturity, grows no higher than the lowest utility line.

(b)

Development parcel landscaping.

(1)

Amount.

a.

A minimum of one overstory tree shall be planted for every 2,000 square feet of total lot area. Where fractional number results, the number of trees required shall be rounded to the next highest whole number. This requirement is inclusive of tree planting requirements within surface parking areas.

b.

A minimum of one understory tree shall be planted for every 10,000 square feet of total lot area.

c.

A minimum of one shrub shall be planted for every 750 square feet of total lot area. Where fractional number results, the number of shrubs required shall be rounded to the next highest whole number. This requirement is inclusive of shrub planting requirements within surface parking areas.

d.

A minimum of one perennial shall be planted for every 500 square feet of total lot area. Shrubs may be substituted for perennials, in addition to the minimum number of shrubs as noted in subsection 21-7(B)(d) [this chapter]. Where fractional number results, the number of trees required shall be rounded to the next highest whole number.

(2)

Location.

a.

The required trees, shrubs and perennials at minimum shall be planted in required setbacks, parking areas, and along building foundations.

b.

When planted in required setback areas or along building foundations, trees may be uniformly spaced or placed in irregular groupings.

(3)

Design and plant characteristics.

a.

To provide year-round interest, at least 20 percent of the required shrubs shall be one or more species of evergreen.

b.

Although it is not required, large lot developments are encouraged to plant evergreen trees to provide year-round color and visual interest.

(Ord. No. 553, § 5, 1-17-2017)

The following requirements apply to landscaping of all off-street parking areas in order to provide visual relief along the street frontage of off-street parking areas, and to break up continuous surfaces of parking lots within and between off-street parking areas and to locate parking lots in areas that are as visually unobtrusive as possible. Parking lot landscaping should be used to reinforce pedestrian and vehicular circulation, including parking lot entrance and exit, ends of drive aisles and defining pedestrian walkways through parking lots.

(a)

Screening. Off-street parking areas containing six or more spaces, and all loading facilities shall provide screening from public streets which afford an unobstructed view of the parking or loading area, and from adjacent properties developed for residential or public use. Height of screening shall be at least four feet above level of parking lot, and shall be ten feet above the loading facility, but shall not exceed four feet adjacent to street frontages. Minimum opacity shall be 75 percent.

(b)

Parking lot interior landscaping. Properties for which on-site parking of 20 or more automobiles is required, shall also provide a landscaped area equal to ten percent of the total paved parking area.

(1)

All interior rows of parking shall be terminated by a landscape island or other landscaped area.

(2)

Landscaped areas shall be distributed throughout the interior area of the parking lot to provide shade and enhance the visual appeal of the site. In general, the maximum distance between landscape islands should be approximately 60 to 100 feet.

(3)

Landscaped islands shall be a minimum of six feet in width, and generally the length of a standard-sized parking space, and shall contain a minimum of one tree and five shrubs.

(4)

Where parking spaces are double loaded, each island shall be a minimum of six feet in width and generally the length of two, back-to-back or nose-to-nose standard-sized parking stalls, whichever the configuration may be, and contain a minimum of two trees and ten shrubs.

(5)

Landscaped areas shall be served with an operating irrigation system.

(c)

Visibility. To avoid landscape material blocking driver sight distance at driveway-street intersections, no plant material greater than 24 inches in height shall be located within ten feet of a curbcut.

(d)

Protection. All landscaping areas bordering driveways and parking areas shall be protected therefrom by curbing, wheel stops, or other similar protective devices, except in the case of a bioswale design. Such protective devices shall be shown on landscape plans.

(Ord. No. 553, § 5, 1-17-2017)

(a)

Timing of installation.

(1)

The landscaping required by this article shall be installed to the satisfaction of the City within one growing season of building completion or occupancy, whichever is first. No certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided or performance assurance is provided pursuant to this chapter.

(2)

If the city determines that landscaping installation should be deferred for up to (six) six months because doing so increases the likely survival of plants (e.g. weather), the city may authorize a certificate of occupancy subject to submitting a bond or other surety acceptable to the city at a value of 150 percent of the estimated cost of installation.

(3)

Upon completion of the landscape installation, the city shall promptly release the performance surety. If the required landscaping improvements are not made within six (6) months of occupancy of the building, the city may use the surety to install the landscaping.

(b)

Method of Installation.

(1)

All deciduous and coniferous trees shall be balled and burlapped, staked, and guyed in accordance with the American Nurseryman's Association standards. All shrubs shall be potted.

(2)

No tree shall be planted where the soil is too poor to ensure growth. An adequate sized hole shall be excavated with the unsuitable soil removed and replaced with suitable soil.

(c)

Soil augmentation and mulching.

(1)

Existing soils shall be augmented with a two-inch layer of fully composted organic material tilled a minimum of six inches deep prior to initial planting.

(2)

Landscape areas shall be covered with at least two inches of mulch to minimize evaporation. Mulch shall consist of organic materials such as bark chips and wood grindings.

(d)

Maintenance standards.

(1)

The developer shall be responsible for installation of required trees and plant materials unless there is no Developer involved in which case the property owner shall be responsible.

(2)

The property owner shall be responsible for replacement of any dead trees, shrubs, ground cover and sod required by this chapter and shall replace any dead landscaping, within six months of notification by the city, with plants indicated on the approved landscape plan. The zoning administrator may approve alternative materials if they would be more suitable than the originally approved plant materials.

(3)

The property owner shall maintain all materials in a slightly and healthy growing condition without cost to the city.

(e)

Irrigation.

(1)

All landscaping which needs regular watering shall have a permanent irrigation system.

(2)

All irrigation systems shall be equipped with an approved means of providing premises isolation;

(3)

All irrigation systems should be equipped with a controller capable of programming (timers should be set to reduce evaporation); and

(4)

Irrigation systems shall be designed and operated to minimize runoff and overspray to non-irrigated areas.

(Ord. No. 553, § 5, 1-17-2017)

Existing significant and landmark trees shall be preserved to the extent reasonably possible and may help satisfy the landscaping requirements of this Chapter. Street, buildings and lot layouts shall be designed to minimize the disturbance to significant existing trees.

(a)

Applicability. This section applies to all lots in Excelsior.

(b)

Exemptions. The following activities are exempt from the requirements of this subchapter with approval from the city's forester and an independent arborist:

(1)

Removal of invasive species of trees as defined by the Minnesota Department of Natural Resources and the control of pioneering tree species such as Boxelder;

(2)

Removal of a tree that has been determined to be diseased or dying;

(3)

Removal of trees that pose an immediate danger to life or property that cannot be corrected by pruning, transplanting, or other treatments;

(4)

Removal of a tree that's aesthetic values are so low or negative that the site is visually enhanced by the tree's removal;

(5)

Removal of a tree that poses an extreme public nuisance because of its species, size, location, or condition. The nuisance could be caused by fruit or seed drop, harboring of insects, or excessive twig or limb breakage;

(6)

Removal of trees that are significantly damaged by storms or natural disasters; or

(c)

Protected individual trees. The following trees are protected, and shall be preserved and maintained according to the standards of this section:

(1)

Significant trees, which are any tree (except box elders, poplar, willow, silver maple, black locust and mulberry) with a diameter at breast height (DBH) of eight inches or more.

(2)

Landmark trees, which are any tree (except box elders, poplar, willow, silver maple, black locust and mulberry) with a diameter at breast height (DBH) of 30 inches or more.

(3)

Any tree that is shown on an approved landscape plan that is necessary to:

a.

Meet the planting requirements of this article; or

b.

Meet a condition of approval of the development to which the landscape plan applies.

(d)

Minimum tree density. A minimum tree density shall be maintained in the developable site area of all developed sites according to the following table.

¹ Calculated based on developable site area of the lot(s).

(e)

Tree survey required.

(1)

A tree survey performed by a certified arborist, registered landscape architect, or a registered land surveyor shall be submitted prior to removal of any protected tree.

(2)

The tree survey shall address the location, species, size, and condition of all protected trees.

(3)

The city may accept a partial tree survey in lieu of a full tree survey if the zoning administrator finds that protected trees only exist on a portion of the site.

(f)

Limitation on tree removal.

(1)

No landmark tree shall be removed unless the city forester and independent arborist has determined the tree poses an immediate danger to life or property that cannot be corrected by pruning, transplanting, or other treatments.

(2)

No significant tree or tree required by this articler shall be removed unless:

a.

The minimum tree density established in subsection 12-9(d) continues to be met;

or

b.

No reasonable alternative site design at the same density and intensity could be approved and the tree replacement standards in subsection (g) are met.

(g)

Tree replacement standards.

(h)

Replacement off-site. If it is physically impractical to replant all replacement trees on site, then the applicant shall mitigate the loss of trees by either planting the required replacement trees on public property within the city as approved by the public works superintendent and/or paying a mitigation fee into the city's tree mitigation in-lieu fund. This fee shall be set forth in the city's fee resolution, and equal the cost of purchasing and planting the trees.

(i)

Timing of replacement.

(1)

For activities that do not require a certificate of occupancy, replacement trees that are required by this section shall be installed within 60 days of removal, or if such date is not within a growing season, within the first 60 days of the next growing season.

(2)

For developments requiring a certificate of occupancy, replacement trees shall be planted before issuance of the certificate of occupancy.

(j)

Tree protection specifications. The following tree protection specifications should be followed to the maximum extent feasible for all projects with protected existing trees.

(1)

No clearing shall be allowed on a site until approval of tree retention and landscape plans;

(2)

An area of prohibited disturbance, generally corresponding to the dripline of the protected tree shall be protected during construction with a temporary five-foot-high chain link or plastic net fence. The fencing shall be installed prior to issuance of development permits for the site;

(3)

No fill, excavation, or storage of construction materials shall be permitted within the area defined by such fencing;

(4)

Where vehicular/equipment access is required within the drip line of a tree, the soil, and incidentally the tree's roots, shall be protected with 10 inches of woodchips and/or plywood placed over the path of the vehicle to limit soil compaction and subsequent root;

(5)

A rock well shall be constructed if the grade level around the tree is to be raised by more than one foot. The inside diameter of the well shall be equal to the diameter of the dripline of the tree;

(6)

The grade level shall not be lowered within the larger of the two areas defined as follows:

a.

The dripline of the tree(s); or

b.

An area around the tree equal to one (1) foot diameter for each inch of tree trunk diameter measured four (4) feet above the ground;

(7)

When construction is complete, all trees to remain must have the soil out to their drop line aerated and de-compacted. Aerating must include multiple concentric circles of one-inch holes, two inches deep, or as recommended by the city forester; and

(8)

Alternative protection methods may be used if determined by the zoning administrator to provide equal or greater tree protection.

(Ord. No. 553, § 5, 1-17-2017; Ord. No. 619, § 2, 12-21-2020)

All rooftop and ground mounted mechanical equipment of residential buildings having five units or more and of nonresidential buildings shall comply with the Design Standards or the Preservation Design Manual and the following standards:

(a)

All rooftop and ground mounted mechanical equipment shall be screened or designed so as to mitigate noise and visual effects in compliance with article 21 of this Appendix E, and the Design Standards.

(b)

All ground mounted mechanical equipment shall be designed (including exterior color) and located so as to be 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 compatibility with the building. Screening shall be constructed of materials which integrate those used in the principal building. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening.

(Ord. No. 553, § 5, 1-17-2017)