(A) General landscaping. All developed, improved, or built upon lots or parcels shall be landscaped. Landscaping on a lot shall consist of a final grade, and a soil retention cover such as sod, seed, and mulch, or plantings to protect the soil and aesthetic values on the lot and adjacent property. Landscaping shall be provided and maintained in all developed districts except where permitted impervious surface exists.
(B) Right-of-way and easement areas.
(1) Boulevard. In all districts, all developed uses shall provide soil retention in the boulevard area, from street edge or back-of-curb to the road right-of-way/property line. This area shall be kept clear of all structures and exterior storage. It is the responsibility of the property owner to mow and maintain the boulevard area.
(2) Prohibited planting location. No trees or large shrubs shall be allowed within any drainage or utility easement, road right-of-way/boulevard area, or intersection sight visibility triangle without first obtaining approval from the City Administrator, or his/her designee.
(C) As-built grading survey.
(1) An as-built grading survey is a survey that shall be submitted by the home builder to the city after the grading is completed on a residential lot. All as-built grading surveys and grading work shall comply with the City's Survey & Grading Policy for New Residential Home Construction. As-built grading surveys are reviewed to ensure that: 1) the city's minimum grading requirements are met; and 2) the property conforms to the approved grading plan and adjacent properties. The as-built grading survey must be approved before any further work may be done on the property. Sod, irrigation systems, and landscape materials shall not be installed until the as-built grading survey is approved by the city.
(2) The city shall not be held liable for any drainage issues or complications relating to excavation, filling, grading work, and encroachments as it relates to the construction of a building under this section.
(D) Trees.
(1) Tree and woodland preservation. The tree planting requirements of this section shall be in addition to, and shall not count towards, any tree replacement that is required by the tree and woodland preservation section of the Lonsdale City Code.
(2) Existing trees. Existing significant trees may count towards the required number of trees provided the size and type are consistent with the requirements of this section. For the purpose of this section, a significant tree shall be any permitted and healthy tree that measures six inches in diameter at four and a half feet from the ground.
(3) Size. All required plant materials shall meet the following minimum size standards. For the purposes of determining tree trunk size, the diameter shall be measured at four and a half feet above the ground level.
(a) A deciduous tree shall be a minimum of two and a half inches in diameter.
(b) A coniferous tree shall be a minimum of six feet in height.
(4) Ornamental trees. Each two omamental trees may fulfill the requirement of one tree as required by this section.
(5) Single-family residential. Construction of new attached and detached single-family units/homes shall be required to meet the following regulations regarding trees:
(a) Amount. The planting of two trees per dwelling unit.
(b) Type. At least one of the two trees shall be deciduous. See § 53.03 for a list of allowable and prohibited tree species.
(c) Location. At least one tree shall be planted within the front yard.
(6) Multi-family residential & non-residential. Construction of new multi-family residential and non-residential uses shall be required to meet the following regulations regarding trees:
(a) Amount. The planting of trees shall contain at a minimum the greater of:
1. One tree per 1,000 square feet of gross building floor area; or
2. One tree per 50 lineal feet of site perimeter.
(b) Variety. The complement of trees fulfilling the requirements of this section shall be not less than 25% deciduous and not less than 25% coniferous. Exception, the City Administrator, or his/her designee, may allow a deviation in variety for purposes of safety or site constraints.
(c) Central Business District. The full requirements of the landscaping ordinance shall not apply to land zoned B-3, Central Business District. Upon recommendation from the Planning Commission and/or city staff, the City Council shall determine the extent to which it is possible for the requirements of this chapter to apply to the parcel.
(E) Turf establishment.
(1) All residential and non-residential lots shall be sodded. Sod shall be installed on all yard spaces of the lot and the adjacent boulevard areas up to the street edge/back-of-curb. Exception: the City Administrator, or his/her designee, may allow some unique lots, or a portion of, to be seeded, only if the lot has untypical topography, woodlands, wetlands, area size, or other distinct feature.
(2) Silt fence shall be maintained in compliance with the City's Erosion Control Policy, as amended from time-to-time, throughout the construction period until sod or city approved ground cover/vegetation is fully established.
(3) (a) The required sod must be in place before a final certificate of occupancy will be issued. If the sod is not in place and occupancy is requested by the builder, a temporary certificate of occupancy may be issued. The builder/homeowner is required to install sod within 60 days after the temporary certificate of occupancy is issued. A final certificate of occupancy will be issued only after the sod or the turf has been fully established.
(b) In periods of adverse weather conditions, between October 15 and April 30, a temporary certificate of occupancy may be issued, but the installation of sod must be completed on or before July 1.
(F) Landscape escrow.
(1) Along with the issuance of a building permit, the city shall collect a cash escrow specifically for required: 1) trees; 2) final grade work; 3) an as-built grading survey; 4) sod/turf establishment; and 5) erosion control. The escrow shall be listed on the fee schedule, established by the City Council. The escrow shall be refunded only when all the following landscaping items are completed and approved by the city.
(2) Landscaping items.
(a) Required trees are installed.
(b) Final grade requirements are completed.
(c) An as-built grading survey has been completed and approved.
(d) Required sod or city approved ground cover is installed.
(e) Erosion control items are cleaned up and removed from the site and adjacent properties.
(3) If the forementioned landscaping items are not fully completed or approved, as determined by the City Administrator, or his/her designee, then the city may use the escrow funds to: 1) install the proper trees; 2) grade the site in accordance with the city approved grading plan and/or building permit survey; 3) conduct an as-built grading survey; 4) install sod or proper ground cover; and/or 5) cover the cost of related expenses, such as erosion control, engineering work, legal work, and city staff time. If the costs incurred by the city to bring the property into compliance with this section are greater than the amount in escrow, the city may deplete the escrow fund and any remaining amount may be assessed against the property as under M.S. § 429.021, as it may be amended from time to time.
(G) Violation. Violation of any provision of this chapter after being notified in writing by first class mail of a violation of any provision of this chapter, shall be a misdemeanor and punished as provided in § 10.99. Further, the city may pursue any civil relief available, to prevent, restrain, correct, or abate the violation.
(Ord. passed 2-29-1996; Am. Ord. 2006-189, passed 1-26-2006; Am. Ord. 2006-199, passed 6-26-2006; Am. Ord. 2021-305, passed 3-25-2021)