5-2-1: DEFINITIONS:
BOULEVARD: That portion of a street right of way between the curb or curb line and the property line.
CITY: The city of Rosemount.
CONTROL AREA: An area designated by resolution of the city council in which the shade tree pest control program shall be enacted and enforced.
CONTROL MEASURES: Actions declared and authorized by resolution of the city council to control, manage, or effectively eradicate shade tree pests and shade tree diseases, including necessary timelines for action. These measures may include spraying, removing, burning, or otherwise effectively treating the infected tree or wood to prevent the spread of the shade tree pest or disease.
HAZARDOUS TREE: A tree with structural defects likely to cause failure of all or part of the tree which could strike a target or threaten human health or property.
LANDSCAPE PLAN: An accurately dimensioned drawing of a property showing the location of existing and proposed structures, pavement, trees, shrubs, grasses, flowers, areas of nonliving ground cover, site furniture and furnishings. The plan shall label symbols shown; provide construction notes, details and sections as are necessary for a complete installation; and provide calculations for any required buffering, screening, open space or impervious surface retirements or limitations. Commercial, industrial, office and multi-family project plans, where the structure is over five thousand (5,000) gross square feet, shall be prepared under the supervision of a landscape architect or designer. The landscape plan shall also include a written description of how the property owner or manager will prepare the property prior to the new or refurbished landscape construction; how noxious weeds as defined by the state of Minnesota will continue to be controlled; what the establishment period will be; and what maintenance efforts will occur during and after the establishment period to create and perpetuate the proposed landscape plan. A landscape plan shall not be required for properties maintained as required by subsection 5-2-2B of this chapter.
MAINTENANCE STRIP: A five foot (5') (minimum) area of an exempt property that abuts a nonexempted property that must be maintained as required in subsection 5-2-2B of this chapter where feasible so as not to interfere with the maintenance of the nonexempted property.
NATURAL AREA: Those areas that allow wildlife habitat and/or natural vistas and shall include those areas which consist of slopes equal to or greater than a ratio of three to one (3:1), those areas which are adjacent to public open spaces, parks or drainageways which are retained in a natural condition with natural vegetation, or open spaces one acre or larger, woods and wetlands. Areas around principal structures and driveways do not qualify as natural areas.
NOXIOUS WEEDS: Those plants which are determined, from time to time, to be noxious weeds pursuant to Minnesota statutes, 18.171, subdivision 5.
PRINCIPAL STRUCTURES: Include, but are not limited to, houses, garages, and buildings used for businesses.
PUBLIC PROPERTY: All grounds owned by the city of Rosemount.
PUBLIC RIGHT OF WAY: The area on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights of way for travel purposes and utility easements of the city. A right of way does not include the airwaves above a right of way with regard to cellular or other nonwire telecommunications or broadcast service.
SHADE TREE DISEASE: Dutch elm disease caused by Ophiostoma ulmi or oak wilt caused by Ceratocystis fagacearum or any other disease declared by the city council or identified and designated as a shade tree disease by the Minnesota state commissioner of the department of agriculture or commissioner of the department of natural resources.
SHADE TREE PEST: Any vertebrate or invertebrate animal, plant pathogen, or plant that is declared by the city council threatening to be harmful, injurious, or destructive to shade trees or community forests, within the city, including, but not limited to, elm bark beetles and emerald ash borer beetles, larvae, or eggs thereof.
TREE INSPECTOR: A person or persons, certified by the Minnesota department of natural resources, appointed by the city council to administer the city's shade tree disease and pest control program. (Ord. XIV.10, 6-4-1991; amd. Ord. 2012-03, 4-3-2012)