(A) Sod and seed.
(1) The builder or lot purchaser, except as otherwise permitted in this section, shall spread a minimum of 4 inches of topsoil. All boulevard, front and side yard areas to the rear of the structure shall be sodded. Seed and mulch may be installed in the back yard. Weather permitting, sod and seed shall be planted within 60 days after a home is constructed on a lot.
(2) The builder shall furnish a cash landscaping escrow. The escrow shall be set according to the city fee schedule and the purpose is to guarantee compliance with the following:
(a) The landscaping requirement;
(b) Lot grading requirements from the certificate of survey;
(c) To certify that the elevation of the sod in relationship to the building and the water service curb stop box is acceptable to the city; and
(d) Submittal of a certified as-built lot certificate of survey to city for some lots.
(3) The distance from building siding, untreated wood, to top of the sod shall be a minimum of 6 inches to satisfy Building Code requirements.
(4) Curb stop (water shut off) elevation in relationship to sod surface shall be approved by the city after sod is installed. The landscaping escrow submitted by the builder to the city shall be retained until all required work is approved.
(5) For all lots, the city shall verify that final lot grading satisfies grading plan requirements and that the work was performed to city requirements after the sod and trees are installed. In addition, a certified as-built lot certificate of survey is required for lots that have emergency overflow (E.O.F.) swales and any other lot that abuts any drainage way, swale, or critical drainage flow path.
(6) If all of the landscaping requirements are not timely completed, the city may enter the lot, perform the work, and apply the landscaping escrow toward the cost. Upon satisfactory completion of the landscaping, the escrow funds, without interest, less any draw made by the city, shall be returned to the person who deposited the funds with the city.
(B) Trees.
(1) Lots with existing trees. The builder shall furnish a cash tree preservation escrow of $1,000 per lot for each lot with at least 1 existing significant tree at the time of the building permit application. A significant tree is defined as a tree that is 6 inches in diameter measured 2 feet above the ground level.
(2) Lots without trees. Trees shall be planted for new subdivisions. In new subdivisions where 2 trees of the following sizes do not already exist an each lot, trees shall be planted on each lot. The following tree specifications shall apply to each platted lot in the proposed subdivision:
(a) Required subdivision trees.
1. Two balled and burlapped trees will be required per lot. These trees shall be planted in the front yard, outside of any easement dedication.
2. Caliper: a minimum of 2.5 inches in trunk diameter measured 2 feet above the ground level.
(b) Location. Front yard trees shall be planted in the front yard, but at a distance of at least 10 feet from the front property line and 5 feet from any side property line. No required subdivision tree shall be planted inside of any drainage or utility easement, as verified through the final plat recorded with the county, or within a 40 foot clear view triangle on corner lots. The clear view triangle is the area established for visibility clearance at the intersection. The area of the clear view triangle is defined as follows: beginning at the intersection of the projected lot lines of the corner lot, thence 40 feet along one lot line, thence diagonally to a point 40 feet from the point of beginning on the opposite line.
(c) Type.
1. Trees shall consist of nursery stock and be no less than the following sizes:
a. Deciduous trees - no less than 2.5 inches in diameter;
b. Coniferous trees - no less than 6 feet high.
2. Trees can include those species shown on the following table:
a. Deciduous trees:
Maple | Oak |
Linden (Basswood) | Birch |
Honey Locust | Gingko (male only) |
Hackberry | Kentucky Coffeetree |
European Larch | |
b. Coniferous trees:
Fir | Eastern Hemlock |
Green Spruce | Canadian Hemlock |
Colorado Blue Spruce | Northern White Cedar |
Black Hills Spruce | Cedar |
Austrian Pine | Tamarack |
White Pine |
c. Other species of trees may be approved by the Building Inspector or Zoning Administrator. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infection or weak bark, are prohibited.
(3) Wooded areas. Wooded lots may be exempt from the provisions of this section, provided that existing tree cover fulfills the aforementioned requirements for front yard trees.
(4) Custom graded lots.
(a) On a lot with at least one significant tree, the builder shall prepare an individual lot tree preservation plan (TPP) on the site survey which is consistent with the original TPP for the plat.
(b) The individual lot TPP shall be certified by a forester or landscape architect, signed by the homeowner and submitted to the city for approval with the building permit.
(5) Mass graded lots. On a lot with at least 1 significant tree to be saved, the builder shall follow the original TPP for the plat.
(6) Tree replacement requirements. If significant trees are destroyed or damaged, the builder shall replace the significant trees which were to be saved under the TPP, but which were ultimately destroyed or damaged. The subdivider and builder shall be required to replace each of the significant trees destroyed or damaged with 2 replacement trees. If tree replacement is required on the individual lot because the builder destroyed or damaged a tree, which was to be saved, the applicant's forester or landscape architect shall determine the location of installation of the replacement trees.
(7) Escrow release. Prior to the release of the cash tree preservation escrow, the applicant's forester or landscape architect shall certify to the city in writing that all tree protection measures identified on the TPP were installed from the start of construction through the end of construction and that tree replacement has been completed, if necessary. Upon satisfactory completion, the tree preservation cash escrow funds, without interest, less any draw made by the city, shall be returned to the party who deposited the funds with the city.
(8) City may perform work. If tree preservation and installation is not timely completed, the city is hereby granted license to enter the lot, perform the work and apply the tree preservation escrow toward the cost.
(C) Landscaping other than trees, sod and seed.
(1) Landscaping rocks, black dirt, soil, and other landscaping material shall not be temporary or permanent dumped on city streets or drainage easement, and such action constitutes a violation of the code. The prohibition under this subsection is due to safety concerns for drivers and the resulting problems of interruption of storm water flow, increased erosion and flooding.
(2) Installing shrubs within a street right-of-way is not permitted. Installing flowers and rock gardens in the street right-of-way is prohibited. Trees must be pruned so as not to obstruct visibility within the street right-of way.
(3) If shrubs are not installed in the proper location, the city shall require the owner to move them. If the landscaping is not moved within 30 days of written notice by the city to the owner, the city may enter the lot, perform the work and apply the landscaping escrow toward the cost.
(D) Silt fences and erosion control.
(1) Properties in violation of this section shall be notified in writing with a notice of violation. The notice shall describe the actions to be performed in order for the property to be in conformance. The items in the notice must to be remedied within 48 hours of the date on the notice or a stop work order shall be issued and mitigative action may be taken by the city. All costs incurred by the city shall be deducted from the property's erosion control escrow, including a fee for each necessary reinspection of the property in an amount set forth in the current city fee schedule.
(2) The City Zoning Administrator and/or the City Engineer will enforce this provision. The procedures are as follows:
(a) Builder shall install building construction stakes as needed;
(b) Builder shall install all necessary erosion control measures, including, but not limited to, full perimeter silt fence and a rock construction entrance which covers and protects existing concrete and bituminous curb;
(c) Builder shall install a dumpster for construction debris;
(d) Upon completion of the above items, the basement excavator may commence excavation and shall refrain from driving on any unprotected curb and gutter or sidewalk;
(e) In the event the silt fence is damaged during house construction, the fence shall be repaired immediately as directed by the City Zoning Inspector. If the fence is not repaired, the Building Official shall immediately issue a stop construction order which shall be effective until the silt fence is repaired.
(f) Builder shall grade the lot immediately prior to closing. If the new homeowner installs the sod and seed, the entire silt fence shall remain in place after the time of closing. If the new homeowner does not install the sod and seed, the entire silt fence shall remain in place to protect the seeded and sodded areas, as long as needed, at the time of closing.
(g) The new homeowner or builder shall remove the silt fence after turf has been established.
(h) If erosion occurs, the property owner is responsible for all clean up costs and property damage.
(i) Within 10 days of the closing on the sale of the property, the Builder shall give written notice to the City Zoning Administrator and/or City Clerk of the change of ownership. Responsibility for clean up costs and damage to property due to erosion shall then become the responsibility of the new owner. The notice shall include the new owner's name, mailing address and phone number.
(j) Prior to commencement of construction, the builder or homeowner shall install the city required erosion control measures. The following is required for all home sites:
1. Silt fence shall be properly installed and maintained along the back of the curb, or sidewalk if applicable, and along the entire length of the lot. The silt fence shall continue around the full perimeter of the lot;
2. A rock construction entrance shall be installed and maintained;
3. Streets must be cleaned as needed at the end of each workday.
(k) A drawing of the minimum erosion control measures required for every home site shall be obtained by the builder or owner from the city.
(l) The erosion control measures listed above are the minimum city requirements. Certain home sites may require additional erosion control measures as directed by the City Engineer or Zoning Administrator.
(E) Escrows and financial guarantee.
(1) Landscape escrow and financial guarantee. The cash landscape escrow and financial guarantee shall be in an amount as determined by the City Council.
(2) Tree escrow. The cash tree preservation escrow shall be as set forth in the current city fee schedule for each lot with at least 1 existing significant tree.
(F) Sump pump. Discharging water from sump pumps into the street shall not be permitted, because such practice may cause unsafe driving conditions during winter freeze and thaw cycle. Discharge to the underground storm sewer or backyard is allowed.
(G) Sidewalk and curb and gutter protection. The builder shall protect sidewalks, as well as curb and gutter, from construction vehicles by placing a minimum of 6 inches of Class 5 gravel or crushed concrete on top of the sidewalk and curb and gutter before any vehicles shall cross. Sidewalks, or curb and gutter, which are cracked or other damage during construction shall be replaced with new sidewalk or curb and gutter prior to the release of the landscape escrow.
(H) Fence for construction debris. Prior to commencing any earth disturbing activity, the building contractor shall furnish and install a 3 foot high chicken wire fence with 7 foot long metal stakes to hold up the fence. A similar fence shall be furnished and installed by the building contractor with a minimum size of 10 feet by 10 feet for holding construction debris. The purpose of this requirement is to minimize construction debris being blown onto another property. Furnishing and installing a dumpster shall be allowed in lieu of a chicken wire fence, providing that the dumpster shall not be located on a sidewalk, and further providing that the truck servicing the dumpster shall drive only across sidewalks that are protected by gravel or crushed concrete.
(Ord. 2002-7-1, passed 7-9-2002; Am. Ord. 2013-1-4, passed 1-8-2013; Am. Ord. 2016-11-5, passed 11-9-2016)