Loading...
HomeMy WebLinkAboutOrdinance - 3-2002 - Amending City Code 9.71 Maintenance of Vegetation - 02/05/2002 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.3-2002 AN ORDINANCE AMENDING SECTION 9.71 OF THE CITY CODE RELATING TO THE MAINTENANCE OF HERBACEOUS VEGETATION AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. WHEREAS, the City has determined that native plants that are indigenous or naturalized to Minnesota help maintain the natural and floral diversity of the City and provide food, shelter, and special habitat for wildlife. The City also finds that it is in the public interest to allow citizens to choose the type of landscaping on private property. As a protection for the larger community, however, this change in vegetation must be planned and managed. The Council enacts this ordinance to balance the public interest with the public need to ensure proper maintenance of vegetation. Native plant landscaping requires less intensive management than hybrid or traditional landscaping, fewer applications of fertilizer and pesticides, and reduced watering or irrigation. These qualities can lead to conservation of local groundwater resources, less reliance on chemical landscape additives, and lowered concentrations of sediment, chemicals, nutrients, and other non- point source pollutants that run off into local surface water resources resulting in improved water quality. Native plant landscapes also function as buffers between highly sensitive natural landscapes such as wetlands, meadows, woodlands, creeks, and lakes and highly impacted landscapes such as paved surfaces or intensively managed lawns and gardens. When properly designed and maintained these areas of native plants act as a filter and trap the movement of urban stormwater pollutants, minimizing the impacts from surrounding land uses to the City's water resources. NOW THEREFORE THE CITY COUNCIL OF THE CITY EDEN PRAIRIE, HENNEPIN COUNTY,M:INNESOTA, ORDAINS: Section 1. City Code Section 9.71 is amended in its entirety to read as follows: "SECTION 9.71.MAINTENANCE OF VEGETATION." Subd. 1. For the purposes of this section, the following terms shall have the following meanings: (a) Garden: A cultivated area dedicated to growing vegetables, fiuits, flowers, ornamental grasses, groundcovers, shrubs and similar plants that were planted in a well defined location. (b) "Native" plants: Native plants are those grasses (including prairie grasses), sedges (solid, triangular-stemmed plants resembling grasses), forbs (flowering broadleaf Page 1 of 4 plants), trees and shrubs that are plant species native to or naturalized to the state of Minnesota, excluding prohibited exotic species, as defined by Minnesota Statues Chapter 84D. Native plants do not include weeds. (c) Native Plant Landscape Area: An area where native plants are being or have been planted in a designated area. A Native Plant Landscape Area does not include gardens. (d) Natural Area: A natural area is an area that was purposely left to grow in a natural state and can maintain itself in a stable condition without human intervention and contains trees, shrubs, and native plants, excluding weeds and turfgrass areas that contain more than 50%turfgrass. (e) Ornamental Grasses: Grasses that are not indigenous to the state of Minnesota that are intended to add beauty to a garden. Ornamental grasses do not include turfgrasses or weeds. (f) Turfgrass. Turfgrass means commercially available cultured turfgrass varieties, including bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas. (g) Weeds. Weeds are (i) noxious weeds as defined and designated pursuant to the "Minnesota noxious weed law", Minnesota Statutes, Sections 18.76-18.88, as amended from time to time, or (ii) any volunteer plants, such as but not limited to garlic mustard (Alliaria etiolata), spotted knapweed (Centaurea maculosa), or burdock (Arctium minus). For the purposes of this definition, weeds do not include dandelions or clover. The City Weed Inspector shall maintain a current list of volunteer plants that are prohibited. Subd. 2. An owner or occupant of any lot or parcel of land in the City, other than land in the rural district, or agent of any such owner or occupant, shall not allow any herbaceous vegetation growing upon such lot or parcel of land or growing upon City right-of-way which abuts the lot or parcel of land, including the area between any sidewalk or trail and the curb of the street to grow to a height greater than ten (10) inches or to allow such vegetation to go to seed. Subd. 3. The provisions of Subd. 2 shall not apply on private property: (a) To vegetation that is located: (i) on slopes equal to or steeper than three feet horizontal to one foot vertical (3:1); (ii) in Natural Areas, (iii) within fifty feet of a Natural Area, (iv) in a scenic or conservation easement; (v) in a garden, (vi) in City park lands; (vii) in a floodplain area designated on the official zoning map; or (viii) within a drainage pond or ditch which stores or conveys stormwater. Page 2 of 4 (b) To Native Plant Landscape Areas provided that: (i) they are set back not less than twenty feet from the front lot line. For the purposes of this ordinance, corner lots shall be deemed to have two front yards; (ii) they are set back not less than five feet from the side and/or rear lot lines to provide a transition zone. No set back is required on the side or rear lot lines if(1)there is a fully opaque fence at least five feet in height installed between the native plants and the side or rear lot lines or (2) the native plants abut a neighboring Native Plant Landscape Area; (iii) the Native Plant Landscape Area is cut at least once annually between April 15 and July 15 to a height no greater than ten(10)inches; (iv) turfgrass is eliminated and the native plants, trees and shrubs are planted through transplanting or seed by human or mechanical means. Soil erosion should be controlled while the ground is bare of plant growth that is sufficient to inhibit erosion and is the sole responsibility of the owner or occupant, (v) written authorization from the City Manager or his/her designee is obtained for work within conservation or scenic easement areas, including planting, mowing or cutting. Subd. 4. The setback area required by Subd. 3 of this Section shall be composed of regularly mowed turfgrass, garden beds,trees, shrubs, mulch, wood chips, rock and/or gravel. Subd. 5. The Native Plant Landscape Area, Garden or Natural Area shall not obscure, block or impede visual sight lines; regulatory, warning or street identification signs; or street light illumination required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections, trail,pathways and sidewalks. Subd. 6. The City may require the owner or occupant who has planted, or has allowed to be planted, native plants or other vegetation within a drainage or utility easement or a right-of- way of a City street to remove the native plants or other vegetation from the right-of-way or drainage and utility easement at no expense to the City. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting from public works improvements or snow removal activities within rights-of-ways or drainage and utility easements. Subd. 7. If any such owner, occupant or agent in a lot or parcel of land in the City fails to comply with the height, set back, maintenance, weed, and annual cutting requirements as required by this Section, after notice of such failure has been given by the City, and has not within seven (7) days of such notice complied, the City shall cause such vegetation to be cut, removed and/or treated for weeds and the expenses thus incurred shall be a lien upon the lot or parcel. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting from enforcement of this ordinance. The City Clerk shall certify to the County Auditor of Hennepin County a statement of the amount of the cost incurred by the City. Such amount together with interest shall be entered as a special assessment against such lot or parcel of land and be collected in the same manner as real estate taxes. Page 3 of 4 Section 2. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99, entitled `Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after is passage and publication. FIRST READ at a meeting of the City Council of the City of Eden Prairie on the 15th day of January, 2002, and finally read and adopted and ordered published at a meeting of the City Council of said City on the 5 h day of February, 2002. ATTEST: Kathleen Porta, City Clerk Ronald Case, Acting Mayor PUBLISHED in the Eden Prairie News on the /`7p" ' day of r 2002. Page 4 of 4 CITY OF EDEN PRAIRIE SUMMARY OF ORDINANCE 3- 2002 A SUMMARY OF AN ORDINANCE AMENDING SECTION 9.71 OF THE CITY CODE RELATING TO MAINTENANCE OF HERBACEOUS VEGETATION The following is only a summary of Ordinance No.3-2002. The full text is available for public inspection by any' Affidavit of Publication person during regular office hours at the office of the ion Jerk: Application Southwest Suburban Publishing '! The City has determined that native plants that are indigenous or naturalized to Minnesota help maintain the natural State of Minnesota andfloral diversity ofthe City,andprovide SS. food,shelterand special haMtat forwildiife. As such, it is in the public imerest to County of Hennepin j encourage landscaping that incorporates I native plants. The ordinance regulates, vegetation on private property and helps to balance the public interest with the Stan Rolfsrud,being duly swom,on oath says that he is the authorized agent of the publisher of 'I public need to ensure proper maintenance the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated of all types of vegetation. The ordinance as follows: applies to all landowners or occupants. Definitions (A)This newspaper has complied with the requirements constituting qualification as a legal The definitions provide for the! newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as creation of native plant landscaping and amended. defines nativeplants as distinguishedfrom i ornamental grasses,turf grass,weedsora,l (B)The printed public notice that is attached to this Affidavit and identified as No.¢�&� garden. G was published on the date or dates and in the newspaper stated in the attached Notice and said Maintenance Requirements Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of All landowners or occupants must the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both maintain the herbaceous vegetation inclusive,and is hereby acknowledged as being the kind and size of type used in the composition growing upon their lot or parcel of land. and publication of the Notice: Specifically, all vegetation must be maintained at a height no greater than ten abcdefghijklmnopgrstuv x z (10) inches. There are numbered exemptions to the maintenances requirement for certain types of vegetation and for owners or occupants By that establish native plant landscape areas. Stan Rolfsrud,General Manager The ordinance details the requirements or his designated agent for establishing a native plant landscape area as well as the maintenance that is Subscribed and sworn before me on required for those areas. Other Provisions Vegetationis notpermittedto obscure, block or impede city signs,street lights, this ! day of 2002 sv^�erse , or the safety of vehicles and pedestrians } GWEIV M.RADUENZ on streets, trails, paths and sidewalks. NOTARYPUBLIC MINNESOTA The City may require an owner or r�MyCommissionExpiresian.31,2005 occupant who has native plants or other vegetation within a drainage or utility ?/f easement or right of way of a city street to remove the vegetation at no expense to Notary Public the City. In addition,the City will not be responsible for damage to any turf grass or landscaped areas resulting from public works,improvements,or snow removal activities. Penalties RATE INFORMATION If any owner,occupant or agent of a� Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch ,lot or parcelaf land fails to comply with the maintenance requirements of this Maximum rate allowed by law for the above matter................................$20.00 per column inch section the City will give notice of the� Rate actually charged for the above matter................................................$10.23 per column inch violation and seven days to comply.If the i notice is not complied with,the City will; cut or remove the vegetation and any expensesincurredwill becomealienupon the lot or parcel. That amount, with interest, will be entered as a special assessment against the lot orparcel and be, collectedinthe same manner as real estate taxes. City Code Chapter 1 and Section 9.99 are adopted in their entirety by reference. IPublished in the Eden Prairie News on Thursday Febrvarr 14.2002;No.3864)