This article establishes minimum environmental protection standards for all land development and land uses in the city.

(Prior Code, § 1175-010.1)

The purpose of this section is to determine whether certain projects have or may have the potential for significant environmental effects and should undergo special procedures of the state environmental review program.

(1)

Review of potential impact.

a.

Community development director to decide need for EAW or EIS. No development project shall be approved prior to review by the community development director to determine the necessity for completion of an environmental assessment worksheet (EAW) or environmental impact statement (EIS).

b.

Effect on timeframe of permit process. Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the processing of a development project. Time delays in the normal permit process caused by the filing and review of the EAW or EIS shall not be considered part of the permit approval time requirements set forth within this chapter. Such delays shall be considered as additional required time for each required permit. The permit process for the proposed project may be continued from the point it was interrupted by the EAW/EIS process. No decision on granting a permit or other approval required to commence the project may be issued until the EAW/EIS process is completed.

(2)

Environmental assessment worksheets (EAWs).

a.

Purpose. The purpose of an EAW is to rapidly assess, in a worksheet format, whether or not a proposed action has the potential for significant environmental effects.

b.

Mandatory EAWs. The preparation of an EAW shall be mandatory for those projects that meet or exceed the thresholds contained in the state environmental review program regulations, Minnesota Rules 4410.4300, as may be amended.

c.

Discretionary EAWs. A discretionary EAW may be required when it is determined that, because of the nature or location of a proposed project, the project may have the potential for significant environmental effects. The community development director may suggest and/or the city council may require the preparation of a discretionary EAW if it is determined that a development project may have some significant environmental impact or when there is a perception of such, provided that the project is not specifically exempted by Minnesota Rules 4410.4600, as may be amended.

d.

Procedures.

1.

Preparation and Distribution. If the community development director determines that an EAW shall be prepared, the proposer of the project shall submit an "Application for Environmental Review" along with the completed data portions of the EAW. The applicant shall agree in writing, as a part of the application, to reimburse the city prior to the issuance of any permits for all reasonable costs, including legal and consultants' fees, incurred in preparation and review of the EAW.

2.

Pursuant to Minnesota Rules 4410.1400, the community development director shall promptly review the submittal for completeness and accuracy. If the community development director determines that the submittal is incomplete, the submittal shall be returned to the proposer for completion of the missing data. If the community development director determines that the submittal is complete, the proposer shall be notified of the acceptance of the submittal within five days. The community development director shall have 30 days from notification to add supplementary material to the EAW, if necessary, and to approve the EAW for distribution.

3.

Within five days of approving the EAW for distribution, the community development director shall distribute copies of the EAW to the state environmental quality review board (EQB) for publication of the notice of availability of the EAW in the EQB Monitor. Copies shall be distributed at the same time to the official EAW distribution list maintained by the EQB staff. Within five days of submission of the EAW to the EQB, the community development director shall provide a press release to the city's official newspaper, containing notice of availability of the EAW for public review.

e.

Notification of neighboring property owners.

1.

Upon completion of the EAW for distribution, the community development director shall provide mailed notice to all property owners within at least 700 feet of the boundaries of the property which is the subject of the EAW of the availability of the EAW and date of the meeting at which the planning commission will consider the matter. Said notice shall be mailed at minimum ten days before the date of the planning commission meeting during which the EAW will be considered.

2.

Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this chapter.

3.

Review by planning commission. During the 30-day comment period that follows publication of the notice of availability of the EAW in the EQB Monitor, the planning commission shall review the EAW. The commission shall make recommendations to the city council regarding potential environmental impacts that may warrant further investigation before the project is commenced and the need for an EIS on the proposed project.

4.

Decision by city council. The city council shall make its decision on the need for an EIS for the proposed project at its first meeting more than ten days but not more than 30 days after the close of the comment period. The council shall base its decision on the need for an EIS and the proposed scope of an EIS on the information gathered during the EAW process and on the comments received on the EAW. Pursuant to Minnesota Rules 4410.1700, in deciding whether a project has the potential for significant environmental effects, the following factors shall be considered:

(i)

Type, extent and reversibility of environmental effects.

(ii)

Cumulative potential effects of related or anticipated future projects.

(iii)

The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority.

(iv)

The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EISs previously prepared on similar projects.

5.

Within five days of council's decision on the need for an EIS, notice shall be provided to all persons on the EAW distribution list, to all persons who commented in writing during the 30 days comment period, to the EQB staff for publication of the decision in the EQB Monitor and to any person upon written request.

(3)

Mitigation measures. Any measures for mitigating that are considered by the city council in making their decision on the need for an EIS may be incorporated as conditions for approval of conditional use permits, variances, planned unit development, and/or site plan requests as required by this chapter.

(Prior Code, § 1175-020.1)

(a)

No excavation, fill, or construction activity shall be allowed on land within the shoreland overlay district where the slope equals or exceeds 12 percent over a horizontal distance of 50 feet, except by variance granted by the city council.

(b)

No excavation, fill, or construction activity shall be allowed on land within the city where the slope equals or exceeds 30 percent over a horizontal distance of 50 feet, except by variance granted by the city council.

(Prior Code, § 1175-030.1)

No vegetation shall be removed from, nor shall construction activities encroach on, bluff impact zones within the shoreland overlay district that would result in erosion, bank slumping, or a change to the topography of any shoreland, public waters, or wetland area, except by permit granted by the city council.

(1)

Minor removal of trees, limbs, or other vegetation which is dead, diseased, or pose safety hazards is permitted without permit. Where removal of the dead, diseased, or hazardous vegetation may result in erosion or bank slumping, such removal may be allowed by permit issued by the city building official.

(2)

An erosion control and sedimentation plan adequate to protect the bluff and adjacent property from damage is required for approval by the building official prior to a permit being issued for construction activities or vegetation removal in bluff impact zones.

(3)

No structures except stairways and landings are allowed in bluff impact zones located in the shoreland overlay district.

(Prior Code, § 1175-040.1)

(a)

No waste shall be discharged into a storm sewer except clear and unpolluted water. No connections shall be made to a public storm sewer except by permit from the city engineer. All waste discharged into the city's sanitary sewer shall meet the requirements established by ordinance.

(b)

No waste shall be discharged into public waters that violates state law.

(c)

The placement of riprap, retaining walls, or other similar structures along the shoreline or embankment of public waters requires a conditional use permit, except the placement of natural rock riprap, including associated grading of shoreline and placement of a filter blanket, is allowed by a certificate of zoning compliance where:

(1)

The finished slope does not exceed three feet horizontal to one foot vertical.

(2)

The height of the riprap does not exceed three feet above the ordinary high-water level.

(Prior Code, § 1175-050.1)

In order to provide a reasonable assurance that buildings will not be flooded by surface or ground waters during a regional flood, the following minimum standards are established for the construction of structures in all zoning and overlay districts of the city: All basement floors, or first floor if there is no basement, shall be constructed at an elevation above the regulatory flood protection elevation, or four feet above the ordinary high groundwater elevation, whichever is higher, unless floodproofed in accordance with subsection 90-138(5).

(Prior Code, § 1175-060.1; Ord. No. 2009-434, § 1, 10-5-2009)

(a)

All land uses, construction activities, and development shall comply with the city's comprehensive stormwater management plan.

(b)

Prior to the development, construction, or use of any property meeting one or more of the following criteria, a permit for such development, construction, or use must first be obtained from the appropriate watershed authority:

(1)

Residential development plan for parcels of land greater than five acres.

(2)

Industrial, commercial, and multi-unit residential plans, including building expansions, on parcels of land greater than 2.5 acres.

a.

Subdivisions of any size located within:

1.

The 100-year floodplain.

2.

One thousand feet of any public waterbody or protected wetland, or any parcel containing a wetland.

3.

Three hundred feet of Rice Creek, a major tributary to Rice Creek, or a county or judicial ditch.

4.

Areas with slopes exceeding 15 percent.

b.

Any activity that may affect the size, shape, or character of a wetland.

c.

Construction, improvement, or repair of public or private drainage systems.

d.

Construction or repair of bridges and culverts on Rice Creek, major tributaries to Rice Creek, and county and judicial ditches.

(3)

Prior to the development, construction, or use of any property meeting one or more of the following criteria, a permit for such development, construction or use must first be obtained from the city engineer:

a.

The construction, repair, or alteration of any ditch lying within a public road right-of-way.

b.

The construction, repair, or alteration of any stormwater control structure located in a public road right-of-way or other public easement.

(4)

In the construction, maintenance, and improvement of stormwater systems, natural drainageways and wetland areas will be used to the greatest extent possible to reduce runoff and erosion.

(5)

All stormwater discharges from parking lots, driveways, loading areas, and roads shall be designed to filter and/or skim debris from discharge into the public waterbody in accordance with the soil conservation service's Technical Guide for Urban Best Management Practices, if the discharges are not managed through a regional treatment system.

(6)

All driveway culverts shall be a minimum of 15 inches in diameter and maintained by the driveway owner to allow the unobstructed flow of stormwater.

(Prior Code, § 1175-070.1)

(a)

Any person grading, filling, or excavating within a shoreland area or adjacent to a protected wetland or public drainageway shall take adequate measures to trap and retain sediments and pollutants from entering into the waterbody or wetland, store runoff to prevent or reduce flood damage, protect fish and wildlife habitat, preserve recreational uses, stabilize the shoreline or bank, and protect areas of environmental importance.

(b)

Any person disturbing one-quarter acre (10,890 square feet) of land or more for construction activities, including, but not limited to, filling, excavating, grading, and mining, shall provide an erosion control plan to the city building official for approval prior to beginning work. All work performed shall be in accordance with the approved plan. This provision does not apply to horticultural, agricultural, or gardening activities related to crop or plant production, but does pertain to logging activities. The plan shall meet the following minimum standards:

(1)

The smallest amount of bare ground feasible is exposed at any given time, and then only for the shortest period of time possible.

(2)

Mulches or similar materials are used, where necessary, to reduce or avoid soil loss and erosion.

(3)

Temporary vegetative cover is established if ground is to remain undisturbed for a period of 30 days or more.

(4)

Permanent vegetative cover is to be established as soon as possible.

(5)

Positive controls are in place to prohibit the deposit of sedimentation and pollutants in public waters, drainageways, and protected wetlands.

(6)

Altered areas are stabilized in accordance with the field office technical guides published by the United States Soil Conservation Service.

(7)

Fill or excavated material shall not be placed in a manner that creates an unstable slope.

(8)

No fill or excavated material is placed in a bluff impact zone, protected wetland, or public waterbody.

(9)

Plans include the use of water or other material to reduce soil loss due to wind when necessary.

(Prior Code, § 1175-080.1)

(a)

It is the policy of the city to avoid the loss of, or damage to, forested areas and wetlands remaining in the city.

(b)

All land use and development plans submitted to the city for approval that encompass all or part of a significant forested area shall include a description of the actions being taken by the property owner to avoid or mitigate damage to, or loss of, the forest.

(c)

No timber harvesting, logging, or large-scale removal of trees shall be undertaken in significant forested areas or shoreline areas except when authorized by a conditional use permit. In this case, large scale shall mean the removal of five percent or more of the trees in any year, or ten percent in any three-year period on any parcel or lot of land of one acre or more in size. All conditional use permits issued for timber harvesting, logging, and large-scale tree removal shall be subject to the best management practices of the U.S. Soil Conservation Service.

(d)

No subdivision of property, platting of property, industrial site plan approval, commercial site plan approval, grading permit, or permit for excavation or fill shall be granted unless a wetlands delineation of the subject property has been performed in accordance with the Wetlands Conservation Act of 1991, and approved by the appropriate watershed authority.

(e)

Where any grading, filling, or excavation impacts a state- or federally protected wetland, a copy of a valid permit from the appropriate regulatory body for such work shall be filed with the city building official prior to the issuance of any construction or grading permit.

(Prior Code, § 1175-090.1)

(a)

No land use may produce obnoxious or continuous smoke, as measured at the point of emission, by any means. All emissions shall comply with Minnesota Rules, ch.7011. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. In no event shall the emissions of fumes or gas from a facility exceed at the point of emission any standards set forth in any law, regulation, or ordinance of any federal, state, or local entity or agency having jurisdiction.

(b)

This section notwithstanding, this article does not prohibit the burning of natural wood, brush, leaves, grass clippings, and crop residue done in accordance with city ordinances and state law.

(Prior Code, § 1175-100.1)

(a)

Every residential housing unit, commercial building, and industrial building must have an adequate supply of potable water to serve the needs of the people occupying or using the building or unit, either through connection to the municipal water system or a private well.

(b)

Water wells may be constructed in the municipal utility service area (MUSA), wellhead protection district, and superfund recovery district only when allowed by a conditional use permit. In all other areas of the city, water wells are a permitted accessory use.

(c)

A licensed well driller must construct all water wells in accordance with the rules and regulations of the state department of health.

(d)

Water wells abandoned or unused for a period of one year, and which do not have a definitive plan for use during the following year, must be sealed by a licensed well driller in accordance with the rules and regulations of the state department of health.

(e)

All buildings requiring a water supply and located in the MUSA must connect to the municipal water system, except where municipal water service becomes available to a property following installation of a private well. In such cases, the property owner need not connect to the municipal system, though provision for future connection must be made through extension of service lines to the property.

(f)

In no case may a private well or water supply be connected to the municipal water system.

(Prior Code, § 1175-110.1)

(a)

No property shall be subdivided or platted in such manner as to create a new parcel or lot of record unless it is served by municipal sanitary sewer service, or each lot or parcel created has been evaluated and found capable of holding an individual septic system constructed in accordance with city standards.

(b)

Municipal sanitary sewer service must be utilized where available. Where municipal sanitary sewer service becomes available following the installation of an approved and functional septic system, the property owner shall have 12 months to connect to the municipal system and abandon the septic system. The 12-month period shall begin on the first day of the month following the city council's approval of final payment to the contractor for the installation of the municipal service serving the property.

(c)

Land within the central business, general business, general industrial, and all residential districts may not be subdivided or platted without being serviced by municipal sanitary sewer and public water service.

(Prior Code, § 1175-115.1)

(a)

The excavation, fill, or grading of property is allowed only if it is accessory to a permitted or conditional use of the property.

(b)

Where any grading, filling, or excavation impacts a state- or federally protected wetland, a copy of a valid permit from the appropriate regulatory body for such work shall be filed with the building official prior to the issuance of any permit for excavation, grading, or fill.

(c)

Any alterations below the ordinary high-water level of public waters require the written approval of the commissioner of the state department of natural resources, or the commissioner's authorized agent.

(d)

Excavations intended to connect water-oriented activities, such as boat slips, canals, lagoons, and harbors, require approval of the commissioner of the state department of natural resources, or the commissioner's authorized agent.

(e)

No excavation or fill shall be performed in any public drainageway, nor in such a manner so as to obstruct or divert public drainageways without permit by the city council and the appropriate watershed organization.

(f)

No excavation or fill shall be performed in any public right-of-way without approval of the city engineer or maintenance supervisor.

(g)

No excavation or fill is permitted in the city's floodplain district, except in accordance with section 90-138. Fill placed in the floodplain district shall be properly compacted with side slopes not exceeding one-foot vertical elevation for each three feet of the slope measured horizontally. Slopes shall be protected by the use of riprap, vegetative cover, or other method approved by the city engineer.

(h)

Placement of fill in excess of 1,000 cubic yards on any lot or parcel in the floodplain district requires stabilization for a minimum 100-year flood. Plans for the placement of such fill must be prepared by a registered professional engineer and approved by the city engineer.

(i)

A permit from the city building official or city engineer is required prior to undertaking any excavation, fill, or grading that meets one or more of the following thresholds. A permit is not required for horticultural, agricultural, or gardening activities related to crop or plant production, but does pertain to logging activities.

(1)

The movement of ten cubic yards of material on steep slopes or within bluff impact areas.

(2)

The movement of five cubic yards of material within shoreland areas.

(3)

All movement of material within protected wetlands.

(4)

All movement of materials within public waters, drainageways, and rights-of-way.

(5)

All movement of materials within the floodplain.

(6)

All subdivisions and plat development.

(j)

Grading permits may be issued by the city building official for land development activities following approval of the preliminary plat or site plan by the city council, and approval of the grading plan by the city engineer. Issuance of an excavation, fill, or grading permit does not represent approval of a final plat, site plan, or other required permit or approval of the city, and all grading permits are subject to amendment based on future approvals or permits.

(k)

All excavation, fill, and grading permits shall be made subject to an erosion control plan in accordance with section 90-173.

(l)

Excavation, fill, or grading permits are not required for basement construction done in accordance with approved site development plans.

(m)

The requirement for an excavation, fill, or grading permit may be waved by the city council for mining operations conducted under a mining permit.

(n)

A cash escrow or letter of credit shall be provided by the applicant for an excavation, fill, or grading permit in an amount not less than $2,000.00, or $1,000.00 per acre, whichever is higher, to guarantee performance under the permit. Where a cash escrow or letter of credit is provided to another governmental agency to guarantee the work being performed under the permit, and the amount deposited with the other governmental agency is equal to the requirements of this section, the requirement for escrow to be posted with the city may be waived by the city building official.

(Prior Code, § 1175-120.1)

No excavation, fill, or construction shall be performed on any significant historic site in any manner that affects the historic value of the site prior to preparation of an inventory and analysis of the site being prepared by a professional historian or archeologist. The inventory and analysis shall be deposited with the state historical society or other suitable repository approved by the city council.

(Prior Code, § 1175-125.1)

No building or place of public assembly shall be constructed or altered to be nearer to a substantial pipeline than the boundary of the pipeline easement, as legally established at the time of issuance of any building permit, or the commencement of any construction. For the purposes of this section, the term "building" shall not include appurtenances required to operate or maintain pipeline systems.

(Prior Code, § 1175-135.1)

(a)

Generally. The city recognizes that adequate landscaping makes for a more attractive community, provides habitat for wildlife, improves surface water quality, reduces radiant heat, curtails air and noise pollution, and increases property values. For these reasons, this section establishes minimum landscaping requirements for the development and use of property in the city.

(b)

Plan. A landscaping plan shall be provided to the city for approval as part of all commercial, industrial, and multifamily housing site plans. Such plan shall describe, as a minimum:

(1)

Established and proposed drainage patterns on the site.

(2)

The location, number, size, and type of all mature trees existing on the site, and identification of those to be removed. Mature trees are defined as trees measuring a minimum of six inches in diameter or larger for deciduous trees and measuring four inches in diameter or larger for coniferous trees, measured 54 inches above the ground.

(3)

The location, number, type, and size of all trees and shrubs to be planted, as well as the type of mulch to be used.

(4)

The location and description of all ground covers to be planted or preserved.

(5)

The location of all street, utility, and drainage easements located on the site.

(6)

Relationship of landscaping to the structures and facilities proposed for the site.

(7)

A chart showing the number of trees, shrubs, etc., proposed.

(c)

Percentage amount to be expended. An amount not less than one percent of the cost of improvements made as part of a development, meeting one or more of the conditions listed below, shall be expended on landscaping. The landscaping plan and supervision of landscaping improvements shall be made by a landscaping professional and approved by the city council.

(1)

Multifamily housing development, including town homes, containing ten or more housing units.

(2)

All commercial and industrial development.

(d)

Tree preservation. Wherever feasible, shade trees with a trunk diameter of six inches or more, and evergreen trees over 25 feet in height, shall be preserved as part of land development activities.

(e)

Obstructions. No vegetation, fence, berm, or other visual obstruction over two feet tall shall be placed, or allowed to develop, within ten feet of the intersection of any public streets where both streets have a speed limit of 35 miles per hour or less. In this case, the intersection shall be considered the edge of the curb or travel portion of the roadway. Where one or more of the streets have a speed limit in excess of 35 miles per hour, such setback requirement shall be 20 feet. Trees that overhang the setback requirement shall have their branches trimmed to provide unobstructed visibility to a point ten feet above the centerline gradient of the abutting streets. Public utility poles, street lights, and regulatory signs constructed may be located in the setback area with approval of the city engineer.

(f)

Planting in public places. No tree, shrub, or other organic matter, except low-growing ground covers, shall be planted or allowed to grow in public road rights-of-way without approval by the city council.

(g)

Planting near power lines. No tree shall be planted under or near an overhead power line that may grow to interfere with power transmission. Large mature-height trees, may not be planted under or within 30 feet of overhead power lines. Care shall be taken not to cause damage to underground utilities and services when planting. Excavations over 18 inches deep require prior notification of utility companies and the locating of underground facilities through the state's Gopher State One-Call system.

(h)

Cutting, damaging trees. No person shall cut, remove, trim, or in any way damage any tree on any property owned by the city, or shall create any condition hazardous to any tree on city property without approval of the city's public works director.

(i)

Intensive clearing. Intensive clearing of vegetation in shoreland areas is not allowed. Limited clearing of trees, shrub cutting, and pruning of trees is allowed to provide view to the water from the principal dwelling site and to accommodate placement of stairways, landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures and facilities provided that:

(1)

Clearing of vegetation shall be limited as much as possible. No vegetation shall be removed which would lead to erosion, bank slumping or change to the topography of shoreland or public waters.

(2)

The screening of structures, vehicles, or other facilities, as viewed from the water, assuming summer leaf on conditions, is not substantially reduced.

(3)

Existing shading of water surfaces is preserved along lakes, rivers and streams.

(j)

Bluffs. For regulations on bluffs, see section 90-169.

(k)

Wetlands. Wetland areas shall be left undisturbed and allowed to retain their natural vegetative cover. Where wetlands are restored or replaced, vegetative cover shall be planted or allowed to grow in accordance with the wetland type desired.

(l)

Buffer strips. Buffer strips of natural upland vegetation, free of noxious weeds and materials, up to 50 feet wide are encouraged along wetlands, lakes, rivers, and streams.

(m)

Screening. Safe and attractive screening shall completely block from view the activities or uses requiring the screening from all public right-of-way and adjacent properties.

(n)

Parking and loading areas.

(1)

The perimeter area of all parking and loading areas shall be landscaped. Landscaping performed in parking and loading areas shall apply towards meeting the other landscaping requirements of its zoning district. This perimeter area shall be a minimum of ten feet wide where it abuts a public street and residentially zoned property and five feet wide at other areas. The perimeter area shall be measured from the street right-of-way or lot line to back of curb. Sidewalks shall not be included when determining the landscaping requirement for the perimeter area. The perimeter area shall be covered with approved ground cover, as herein defined, and include an average of at least one evergreen or shade tree per 30 feet of perimeter frontage, as measured at the outer edge of the perimeter area. This does not require trees to be equally spaced within the frontage area.

(2)

Areas containing parking spaces for over 40 cars and all parking and loading areas exceeding 10,000 square feet shall have a minimum of five percent of their interior area set aside for landscaping. Landscaping areas must be a minimum of 100 square feet to be included in the total area required to meet this requirement. These areas will be covered with approved ground covers and a minimum of one tree shall be planted for every 100 square feet of landscaped area.

(o)

Single-family housing. All yard areas are to be covered with an approved ground cover. Two overstory deciduous shade trees shall be maintained in the front yard of each home site. Where five or more trees are planted as part of a development, no more than 20 percent of the trees planted to meet this requirement shall be of the same species. No tree, shrub, or other plant, except approved ground cover, shall be planted or allowed to grow in public road right-of-way without approval of the city council.

(p)

Multifamily housing. All lot areas not covered by buildings, parking and loading areas, driveways, or other approved impervious surfaces shall be covered with an approved ground cover, and landscaped to meet the following minimum standards:

(1)

One overstory deciduous shade tree per housing unit.

(2)

One coniferous tree per housing unit.

(3)

One ornamental tree for every 1,000 square feet of building or one ornamental tree for every 100 feet of site perimeter, whichever is greater.

(4)

One ornamental shrub for every 200 square feet of building or one shrub for every 30 feet of site perimeter, whichever is greater.

(5)

Credit for large trees. The city council may, at their discretion, give credit for trees exceeding the minimum planning size requirements. The city may reduce the required number of plantings by up to ten percent when trees in excess of the minimum size requirements are provided.

(6)

Equivalent planting materials. The following substitutions may be made for the minimum landscape requirements:

a.

An equivalent of up to 50 percent of the required number of overstory trees may be substituted with the use of ornamental trees. In such case, not less than three ornamental trees shall be provided for each one required overstory tree substituted.

b.

An equivalent of up to 50 percent of the required number of ornamental trees may be substituted with the use of shrubs. In such case, not less than 20 shrubs shall be provided for each one required ornamental tree substituted.

(q)

Commercial/Industrial areas. All lot areas not covered by buildings, parking and loading areas, driveways, or protected wetland area shall be covered with an approved ground cover and landscaped to meet the following minimum standards:

(1)

One overstory deciduous shade tree for every 2,000 square feet of total building area or one tree for every 100 feet of site perimeter, whichever is greater.

(2)

One coniferous tree for every 2,000 square feet of building or one coniferous tree for every 200 feet of site perimeter, whichever is greater.

(3)

One ornamental tree for every 2,000 square feet of building or one ornamental tree for every 200 feet of site perimeter, whichever is greater.

(4)

One shrub for every 300 square feet of building or one shrub for every 30 feet of site perimeter, whichever is greater.

(5)

Credit for large trees. The city council may, at their discretion, give credit for trees exceeding the minimum planning size requirements. The city may reduce the required number of plantings by up to ten percent when trees in excess of the minimum size requirements are provided.

(6)

Equivalent planting materials. The following substitutions may be made for the minimum landscape requirements:

a.

An equivalent of up to 50 percent of the required number of overstory trees may be substituted with the use of ornamental trees. In such case, not less than three ornamental trees shall be provided for each one required overstory tree substituted.

b.

An equivalent of up to 50 percent of the required number of ornamental trees may be substituted with the use of shrubs. In such case, not less than 20 shrubs shall be provided for each one required ornamental tree substituted.

(r)

Site restoration. All property disturbed by mining, excavation or fill, or by other uses that disturb the vegetative cover of the property, and that shall lie fallow or undisturbed thereafter, shall be restored as soon as practicable. As a minimum, such restoration shall include:

(1)

A minimum of four to six inches of topsoil shall be applied to all areas to be seeded. Topsoil shall be of the type that naturally exists on the site, and is to be generally free of debris, rock, roots, noxious weeds, or any substance potentially toxic to plant growth. The surface area where topsoil is to be added shall be loosened to a depth of two inches, and the topsoil shall be mixed within this depth to ensure binding.

(2)

The seedbed shall be tilled to a minimum depth of four inches and fertilizer applied in accordance with the recommendations of the University of Minnesota Extension Service.

(3)

Minnesota Department of Transportation Standard Prairie Grass Seed Mix, suitable for the site, shall be applied at a uniform rate as recommended by the producer through drilling, broadcast spreading, or hydroseeding. A good quality straw mulch shall be applied at a rate not less than 4,000 pounds per acre on all slopes of four to one or greater, then anchored using disks or netting.

(4)

A mixture of deciduous and coniferous trees, at an average density not less than ten per acre, shall be planted at areas of the property owner's choice. These trees may be grouped into stands for the purposes of erosion control, buffering, or wildlife habitat. No more than 20 percent of the trees planted to meet this requirement shall be of the same species.

(5)

Vegetative Buffering. When required, vegetative buffering shall interrupt the view of the objects being buffered from public road rights-of-way and adjacent property. No more than 15 lineal feet of the object being buffered shall be visible from public road rights-of-way and adjacent properties without a vegetative interruption extending from the base of the object to a minimum height of six feet. Coniferous and deciduous trees and shrubs may be used to fulfill this requirement.

(s)

Sizes of plantings. Plantings, except for site restoration activities in the rural development area, must be of the size indicated in this subsection, and meet the American Standard for Nursery Stock published by the American Association of Nurserymen. Bare root plants may be allowed if specifically approved as part of the site development plan, otherwise all plants must be balled and burlaped, or container grown.

(1)

Overstory deciduous trees: 2.5-inch caliper.

(2)

Coniferous trees: six feet in height.

(3)

Shrubs:

a.

Deciduous shrubs: three-gallon pot.

b.

Coniferous shrubs: five-gallon pot.

(4)

Ornamental trees: 1.5-inch caliper.

(t)

Minimum installation requirements. Minimum installation requirements are that:

(1)

All deciduous and coniferous trees shall be staked and guyed per national nurseryman's standards. Deciduous trees shall have branches trimmed to a point six feet above the ground.

(2)

Adequate fertilizer, water, and mulch shall be provided to ensure plant survival and successful growth. Plantings shall be inspected at least bi-weekly during the first growing season, with dead and severely damaged plants replaced as needed.

(3)

All open areas shall be sodded over four inches of topsoil.

(4)

Undisturbed areas and wetlands containing natural vegetation may be maintained if they are free from foreign and noxious materials.

(u)

Table of landscaping materials. Property owners are responsible to ensure that landscaping is maintained in an attractive condition free from invasive and noxious weeds and materials, as defined by the state department of natural resources. The owner shall replace any required vegetation within two years of planting, including damaged or dead trees, shrubs, ground covers, and sodding. Blue grass and similar ornamental lawn covers shall be kept cut so as not to exceed 12 inches in height.

Table of Common Landscaping Materials
Preferred Landscape Materials
For reference use only

Confirm plant types and uses with a landscaping professional to ensure compatibility with site conditions.

¹ Trees with a low height are recommended for street plantings under electric lines or other areas where growing space above ground is limited. Low-height trees are also good choices where planting areas are limited, or where underground space for roots is limited.

² Trees with a medium height are recommended for planting where conditions will allow 30- to 45-foot tree heights. Relatively wide lawns or medians (four to eight feet) are required, and open space areas of at least 50 feet.

³ Trees with a large height require areas with no overhead restrictions and very wide planting areas.

(Prior Code, § 1175-140.1; Ord. No. 2017-483, § 1, 6-5-2017)

(1)

Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(a)

Anti-icing means the application of a liquid deicer prior to the onset of a snow event.

(b)

Deicer means a substance used to melt snow and ice or used for its anti-icing effects.

(2)

Storage of deicing materials.

(a)

Indoor operations for the storage of deicing materials must be provided whenever possible in order to prevent such material from being affected by rain, snow, or melt water.

(b)

All salt, sand, and other deicing materials stored outdoors must be located on impervious surfaces and be covered at all times. When not using a permanent roof, a waterproof impervious, flexible cover must be placed over all storage piles. The cover must prevent runoff and leachate from being generated by the outdoor storage piles. The cover must be secured to prevent removal by wind or other storm events. Piles must be formed in a conical shape and covered as necessary to prevent leaching.

(3)

Facility siting.

(a)

The facility must be in close proximity to the area in which the deicing materials are to be used, if practical.

(b)

Salt vulnerable natural areas should be avoided as storage facilities to the extent possible. Where they cannot be avoided, specific measures should be instituted to protect vulnerable areas. Salt vulnerable areas include, but are not limited to:

i.

Areas with salt sensitive vegetation

ii.

Areas serving as a source of drinking water (surface water and groundwater)

iii.

Areas with bodies of water with low dilution, low volume, or salt sensitive species

iv.

Areas associated with groundwater recharge zones or shallow water table, with medium to high permeable soils.

(4)

Transfer of materials. Practices must be implemented in order to reduce exposure when transferring salt or other deicing material.

(Ord. No. 2023-521, § 1, 2-6-2023)