Forest Lake City Zoning Code
LANDSCAPING REGULATIONS
§ 153.134 PURPOSE.
The purpose of this subchapter is to establish a standard that helps to implement and regulate open space within the city by establishing a protection of privacy and buffer between different land uses; increasing and maintaining property values; creating an urban forest, thereby controlling the urban heat island effect, preventing or reducing soil erosion, sedimentation, and storm water runoff; improving air quality and reducing noise pollution; and enhancing energy conservation through natural insulation and shading.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.135 LANDSCAPE PLAN.
(A) A landscape plan is required for all commercial, multi-family residential, industrial uses, major subdivisions, and Planned Unit Developments and non-residential uses in residential zoning districts.
(C) Landscape plans shall be prepared by a licensed landscape architect in the state, as required by state rules. Landscape plans drawn to scale of not less than 1 inch equals 50 feet and shall show the following:
(1) Boundary lines of the property with accurate dimensions;
(2) Locations of existing and proposed buildings, parking lots, roads, and other improvements;
(3) Proposed grading plan with 2 foot contour intervals;
(4) Location, approximate size, and common name of existing trees and shrubs;
(5) A planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition, and special planting instructions;
(6) Planting details, illustrations, and proposed locations of all new plant material;
(7) Locations and details of other landscape features, including berms, 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.
(D) Minor changes to the landscape plan (change in species type) that do not result in a reduction in the net amount of plant material as specified on the approved landscape plan shall be approved by the Community Development Director. Changes to the size and/or number of plant materials of an approved landscape plan shall be considered a major change. Major changes shall only be approved by the City Council.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.136 MINIMUM LANDSCAPING REQUIREMENTS.
(A) Detached single-family and two-family residential.
(1) Four trees per residential lot.
(2) Establish grass or groundcover within 6 months after the issuance of certificate of occupancy.
(B) Other than detached single-family and two-family residential.
(1) All open areas of a lot surrounding or within a principal or accessory use which are not used or improved for required parking areas, drives, or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers, and groundcover materials within 1 year following the date of building occupancy.
(2) The minimum number of overstory trees shall not be less than the perimeter of the lot divided by 30. The minimum number of understory trees and shrubs shall not be less than the perimeter of the lot divided by 10.
(3) The city may require additional landscaping as necessary to provide adequate screening or to provide a complete quality landscape treatment of the site.
(4) In instances where healthy plant materials of acceptable species exist on-site prior to its development, the application of the standards in this subchapter may be adjusted by the city to allow credit for the material, provided that the adjustment is consistent with the intent of this chapter. The city may permit the seeding of areas reserved for future expansion of the development if consistent with the intent of this chapter.
(5) The city may waive some of the landscaping requirements of this chapter for developments in all zoning districts.
(C) Unless waived by the city, a Woodland Preservation Plan shall be submitted as per § 153.198 to assess the best possible layout to preserve significant trees and woodlands and to enhance the efforts to minimize damage to significant trees and woodlands. The applicant shall meet with city staff prior to submission of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage, and other physical features in order that the least number of significant trees and woodlands are destroyed or damaged.
(D) All new overstory trees shall be balled and burlapped or removed from the growing site by a tree spade. Deciduous trees shall have a minimum caliper of 2-1/2 inches. Coniferous trees shall be a minimum of 6 feet in height. Ornamental trees shall have a minimum caliper of 1-1/2 inches.
(E) All site areas not covered by buildings, sidewalks, parking lots, driveways, patios, or similar hard surface materials shall be covered with sod or an equivalent groundcover approved by the city. This requirement shall not apply to site areas preserved in a natural state.
(F) In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development, except areas to be preserved in a natural state and private areas of detached one and two-family dwellings, and additions to existing structures that are equal to or less than the floor area of the existing structure.
(G) No more than 50% of the required number of trees shall be composed of 1 species. Due to various ecological and maintenance related concerns, no required tree shall be any of the following:
(1) A species of the genus (elm), except those bred to be immune to Dutch Elm Disease;
(2) Common Buckthorn;
(3) Russian Olive;
(4) Black Locust;
(5) Box-elder;
(6) Ash.
(7) Additional trees may be restricted from specific locations due to ecological and maintenance related issues. It is the responsibility of the landowner and/or applicant to confirm with the city whether or not a specific tree species is appropriate.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.137 LANDSCAPE DESIGN.
(A) Plant materials should be used which demonstrate adaptability to harsh urban conditions, including salt spray, storm water runoff, and reflected pavement glare and heat.
(B) Where safety and maintenance become an issue, plant materials should be free from hazards such as thorns, fruit, nuts, or seeds.
(C) Plant materials should be located so that no impacts occur to overhead or underground utilities, traffic flow or circulation, and emergency and maintenance access.
(D) All vegetation shall be appropriately protected by planters or other features as necessary. Plants shall be rated for USDA Zone 3 hardiness.
(E) The spacing of trees along all local and collector streets shall be no more than 30 feet apart. The spacing of trees along all arterials shall be no more than 40 feet apart.
(F) All parking areas in business, commercial, industrial, and mixed use and non-residential uses in residential zoning districts shall also be subject to the following standards for landscaping of islands, medians, and parking lot edges.
(1) Landscaping shall be distributed throughout the parking lot to define major vehicle and pedestrian routes, provide shade, and break up large paved areas.
(2) A minimum of 1 deciduous shade tree shall be provided for each parking island.
(3) A landscaped area to include a mix of deciduous shade trees and understory plantings shall be provided in required parking lot setback areas.
(4) Landscaping shall incorporate a variety of deciduous and coniferous trees and shrubs for year-round interest, texture, shape, and seasonal color.
(5) Edge treatments along streets and other public spaces should visually screen parked vehicles, but not completely obstruct views into and out of the parking lot.
(6) For parking lot edges adjacent to streets, parks, or other public open space, the following shall be provided:
(a) At least 1 row of shade trees spaced evenly at 15 to 20 foot intervals (or appropriate to the selected species) for the length of the parking lot’s edge;
(b) Screening, consisting of continuous planting, alone or in combination with a decorative fence/wall or a landscaped berm.
(7) For parking lot edges not adjacent to the public realm, soft landscaping with a variety of deciduous and coniferous trees and plantings shall be provided.
(8) High quality privacy fencing with landscaped screening shall be required between parking lots and residential uses.
(9) For existing parking lots that currently do not comply with the required parking lot landscaping, such landscaping shall be provided when:
(a) A new principal building or building addition is constructed, or exterior remodeling of the principal building occurs.
(b) Over 50% of the total area of an existing parking lot is reconstructed.
(c) An existing parking lot under 10,000 square feet in area is expanded by 50% or more in total surface area.
(d) An existing parking lot over 10,000 square feet in area is expanded by 25% or more in total surface area.
(10) The City Council, based on recommendation from the Planning Commission, may modify the amount of landscaping required by this section or exempt existing parking lots from providing landscaping if such landscaping would reduce the amount of parking spaces and create a nonconformity.
(G) Plant material shall be placed intermittently along long expanses of building walls, fences, and other barriers to create a softening effect and to help break up long expanses of blank walls with little architectural detail.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.138 BUILDING FOUNDATION LANDSCAPING.
(A) If a commercial, multi-family residential or non-residential development maintains a front and corner side yard (i.e. is not built at the property line), building foundation landscaping is required. However, during site plan review, the Planning Commission may decide that such landscaping is not appropriate for the development and may waive this requirement through recommendations to the City Council.
(B) Foundation plantings shall work in concert with transition yard plantings to frame important views, while visually softening long expanses of walls, particularly those that lack windows and/or other architectural details. Foundation plantings shall respond to the materials and the form of a building. The body granting approval of the landscape plan shall determine compliance with this intent as part of the review.
(C) The minimum width of the planting area provided to accommodate foundation plantings is as follows:
(1) Five feet of planting area width adjacent to building walls having an eave height of up to 20 feet.
(2) Ten feet of planting area width adjacent to building walls having an eave height of 20 feet or more.
(D) Foundation plantings shall be planted in accord with the requirements below:
(1) Foundation plantings shall be installed across 75% of the length of the front facade of the building.
(2) Foundation plantings may consist of a mix of trees, shrubs, and perennials. Shade, evergreen or ornamental trees shall be spaced 1 tree for every 25 feet. These plantings may be grouped within wider foundation planting areas, but the total number of trees planted shall be no less than the amount required by a linear planting spaced 25 feet apart.
(Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.139 SELECTION, INSTALLATION, AND MAINTENANCE OF LANDSCAPING.
(A) Selection. All planting materials used shall be of good quality and meet standards for minimum acceptable form, quality, and size for species selected, and capable of withstanding the season temperature variations of Minnesota. The use of species native to the region shall be encouraged. Size and density of plant material, both at the time of planting and at maturity, are additional criteria that shall be considered when selecting plant material. Where appropriate, the use of drought and salt tolerant plant materials is encouraged.
(B) Installation. All landscaping materials shall be installed in accordance with the current planting procedures established by the landscape industry. All plant materials shall be free of disease and shall be installed so that soil of sufficient volume, composition, and nutrient balance are available to sustain healthy growth.
(C) Required element. Landscape materials depicted on landscape plans approved by the city shall be considered to be required site plan elements in the same manner as buildings, parking, and other improvements. As such, the owner of record, or in some instances the homeowner’s association, shall be responsible for the maintenance, repair, and replacement of all landscape materials, fences, steps, retaining walls, and similar landscaping elements over the entire life of the development.
(D) Maintenance.
(1) The owners and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat, and orderly appearance and free from refuse and debris.
(2) Plants and groundcover which are required by an approved site or landscape plan and which are diseased or have died shall be replaced within 3 months of notification by the city with like kind of the original size. However, the time for compliance may be extended up to 9 months by the city in order to allow for seasonal or weather conditions.
(3) Plantings placed upon public rights-of-way or major easements are subject to removal by the city or utility company if required for maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed 15 feet in height and shall be the property owner’s responsibility to maintain.
(4) Fences, steps, retaining walls, and similar landscaping elements shall be maintained and in good repair.
(5) Irrigation. Landscape design pursuant to the requirements of this section shall recognize the need for irrigation and water conservation. Sprinkler irrigation systems may be required for certain landscaped areas, as determined by a landscape architect. The need for sprinkler irrigation systems shall be determined by the type of plant material and the condition/growing medium that they are installed in. For instance, whether there is a permanent means available to water plant material, such as hose bibs, shall be a consideration. All irrigation systems shall be designed to minimize use of water. Irrigation systems, when provided, shall be maintained in good operating condition to promote the health of the plant materials and conservation of water.
(E) Energy conservation. Plant material placement should be designed to reduce the energy consumption needs of the development. In addition, landscaping designs shall take into account and make an effort to implement sustainable standards (§ 153.193) and design standards, where appropriate.
(1) Deciduous trees should be placed on the south and west sides of buildings to provide shade from the summer sun.
(2) Evergreens and other plant materials should be concentrated on the north and west sides of buildings to dissipate the effect of winter winds.
(F) Berming. Earthen berms and existing topographic features shall be incorporated into the landscape treatment of a site where there is sufficient space and when berms and existing topographic features can be combined with plant material to facilitate effective screening. Minimum unretained berm side slopes shall be maintained at no more than a 4:1 slope ratio to prevent erosion and be properly and safely maintained. Retained slopes may be implemented with the appropriate terracing necessary to reduce the need for safety railing.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.140 LANDSCAPE GUARANTEE.
All new plants shall be guaranteed for 1 full year from the time planting has been completed. All plants shall be alive and in satisfactory growth at the end of the guarantee period or be replaced.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.141 RETAINING WALLS.
Retaining walls exceeding 4 feet in height, including staged walls that cumulatively exceed 4 feet in height require a building permit and shall be constructed in accordance with plans prepared by a registered engineer. Retaining walls shall not restrict drainage or be placed in public rights-of-way or drainage easements (See Storm Water Ordinance, Chapter 151), and must be in compliance with the traffic visibility requirements. Retaining walls placed in drainage and utility easements shall require the property owner to sign an encroachment agreement or certificate of compliance and receive approval from the City Engineer. All retaining walls shall be reviewed by the City Engineer.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.142 LANDSCAPING LETTER OF CREDIT OR CASH ESCROW REQUIRED.
(A) When landscaping or other similar improvements to property are required by this chapter, a letter of credit or cash escrow shall be supplied by the owner in an amount equal to at least 125% of the approved estimated landscaping costs. The letter of credit or cash escrow, with security satisfactory to the city, shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal, or other fees in connection with making or completing the improvements. The letter of credit or cash escrow shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to 1 full growing season after the 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, the city may, at its option, complete the work required at the expense of the owner and the surety.
(B) 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 or property owner. When extensions are granted, the city shall require such additional security as it deems appropriate and/or an addendum to an existing development agreement.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)