§ 155.076  LANDSCAPE BERMS.
   (A)   Required berms. A minimum 30-foot wide natural landscape buffer a minimum of four feet in height with a maximum slope of three to one (3:1) (to include a berm that will provide visual protection to the property owner from the roadway) is required whenever the back or side yards of a residential development face non-subdivision streets or whenever a landscape berm is otherwise required on the plat. There shall be no right of access across a landscape easement. Where fencing is to be constructed along a landscape buffer and is visible from the public roadway, a permanent ornamental fence of a height and design that is consistent and that will be harmonious with the neighborhood and residential character is required in these situations. This can be achieved through either construction by the developer or required in the covenants of the subdivision and deed restricted against the applicable lots. No fence or structure shall be constructed within the landscape buffer without express written authorization of the city.
   (B)   Buffers. Areas consisting of berms, evergreens and other landscaping which act as a buffer between the development and major thoroughfares shall be laced in a landscaping easement that will be maintained by the adjacent property owner, or on outlots to be maintained by a homeowner’s association. Berms shall not be placed over utilities. Fences will not be allowed in landscape easements.
   (C)   Berms. Required landscape berms shall be placed in common ground for permanent maintenance, or if otherwise approved by the Council, may be part of any lot, the buffer shall be subject to a permanent maintenance easement acceptable to the city and shall not be counted in the calculation of minimum lot size required by the applicable zoning. Such easements shall be deed restricted to prevent adjacent property owners from constructing any facilities or structures (including fences) on a berm or easement.
(Ord. 3319, passed 2-22-2005)