§ 153.235 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 (§ 153.306) 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, in particular, 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)