HomeMy WebLinkAboutOrdinance - 15-2010 - Amending City Code Section 9.71, Relating to Maintenance of Vegetation - 08/26/2010 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 15-2010
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE SECTION 9.71 RELATING TO MAINTENANCE OF VEGETATION AND
ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 11.99,
WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1 - City Code Chapter 9—Section 9.71 is amended to add subdivision 3, C. as follows:
Subd.3.
C. To Native Plant Landscape Areas subject to a landscape plan;
1. An owner or occupant of a lot or parcel of land may apply for a permit to install
Native Plant Landscape Areas within the twenty foot set back required by Subd.
3.13.1. of this Section. The permit shall be issued by the City Manager or his
designee. To obtain the permit the owner or occupant, or agent of such owner or
occupant, of the lot or parcel of land shall submit an application on a form
provided by the City and a landscape plan that includes the following information:
a. General: Name and address of developer/owner; Name and address of
landscape architect/designer; Date of plan preparation; Date and
description of all revisions; Name of project or development.
b. Site Map: One (1) scale drawing of the site based upon a survey of
property lines with indication of scale and north point; Name and
alignment of proposed and existing adjacent on-site streets; Location of all
proposed utility easements and right of ways; Location of existing and
proposed buildings; Topographic contours at two foot contour intervals;
Existing and proposed location of parking areas; Water bodies; Proposed
sidewalks; Percent of site not covered by impervious surface.
C. Landscape Proposal: Two (2) scale drawings of the proposed project
area(s) to a minimum scale of one inch equals 50 feet of proposed
landscaping for the site based upon a survey of property lines with
indication of scale and north point; Existing and proposed topographic
contours using mean sea level datum at two foot contour intervals; Details
of proposed planting beds and foundation plantings; Delineation of both
sodded and seeded areas; Location and identification of proposed
landscape or man made materials used to provide screening from adjacent
and neighboring properties, a separate cross section drawing of which
shall be provided at legible scale illustrating the effectiveness of proposed
screening; Location and identification of trees; Details of fences, tie walls,
planting boxes, retaining walls, tot lots, picnic areas, berms, and other
landscape improvements, including a separate drawing of typical sections
of these details in legible scale; Location of landscape islands and planter
beds with identification of plant materials used, including separate
drawings of typical sections of these areas in legible scale.
d. Planting Schedule: A table containing the common names and botanical
names, average size of plant materials, root specifications, quantities,
special planting instructions, and proposed planting dates of all plant
materials included in the Landscape Proposal.
C. Maintenance Plan: A description of how the Native Plant Landscape Area
will be maintained, including all activities necessary to sustain the
plantings in the Native Plant Landscape area.
2. Permits issued to install Native Plant Landscape Areas in the set back required by
Subd. 3.B.1. of this Section shall be subject to the following conditions:
a. No landscaping is placed within any drainage utility easement, road right-
of-way, or immediately adjacent to any driveway or road intersection
when it would interfere with motorists' views of the street or roadway.
b. The right-of-way between the curb and gutter or pavement edge
(boulevard) to the Native Plant Landscape Area is at least 25 feet wide.
C. The right-of-way boulevard is composed of regularly mowed turfgrass,
trees, shrubs, mulch, wood chips, rock and/or gravel.
d. The City Manager or his designee approves the Landscape PIan.
e. The Native Plant Landscape Area must meet the requirements of Subd.
313.2-313.5 of this Section.
f. The applicant provides such other information as the City Manager
requests and complies with any other conditions deemed appropriate by
the City Manager for the Native Plant Landscape Area.
g. Plans shall be prepared by a registered landscape architect/designer.
3. Revocation: The Permit shall expire and be of no force and effect if the Native
Plant Landscape Area is not completed pursuant to the approved Landscape Plan
within three months of issuance of the permit.
Section 2 - City Code Chapter 9 - Section 9.71, Subd. 7.A. is amended to read as follows:
Subd, 7. Notice.
A. Notice. Once a failure to comply with the height, setback, maintenance, weed, and
annual cutting requirements as required by this Section is identified,notice of such failure
shall be given by the City to the affected property owner. The notice shall state and
describe the property affected; order and allow seven (7) days for the property owner to
cause such vegetation to be cut, removed, treated for weeds, and/or maintained pursuant
to an approved Landscape Plan required by Subd. 3.C. of this Section; that if such
vegetation is not cut, removed, treated for weeds, and/or maintained pursuant to an
approved Landscape Plan required by Subd. 3.C. of this Section, the City as a remedial
action will cause such vegetation to be cut, removed and/or treated for weeds; that all
costs thereof will be billed to the property owner payable within thirty (30) days; that if
payment is not received within thirty (30) days, the costs will be assessed against the
property from which such vegetation has been removed pursuant to and in accordance
with Minn. Stat. § 429.101 or any similar provision hereinafter enacted; inform the
property owner of the right to a hearing before the Council to appeal the notice in
accordance with Subd. (C); and inform the property owner that upon filing of a timely
appeal the time to comply with the notice is stayed pending a decision by the Council on
the appeal. The notice shall be served in the same manner as set forth in Section 9.70,
Subd. 6(E).
Section 3 - City Code Chapter 1, "General Provisions and Definitions Applicable to the entire
City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 4---Effective Date-This Ordinance shall take effect upon its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
171h day of August, 2010 and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the 17th day of August, 2010.
Kat een Porta, City Clerk Phil oung,Mayor
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 15-2010
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE
CHAPTER 9 BY AMENDING SECTION 9.71 RELATING TO MN RULES REFERENCES;AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,
AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Summary: This ordinance amends Chapter 9 Section 9.71 of the City Code by adding a
provision to allow native plant landscaping within the setback under specific conditions.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
i
Ka Peen Porta, City Clerk Phil"I dung, Mayor
PUBLISHED in the Eden Prairie News on v241�.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
)SS.
County of Hennepin )
EDEN PRAIRIE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
CITY OF
HENNEED COUNTY, publisher of the newspaper known as the Eden Prairie News and has foil knowledge of the facts
MINNESOTA herein stated as follows:
SUMMARY OF ORDINANCE
15.2010 (A)This newspaper has complied with the requirements constituting qualification as a legal
AN ORDINANCEOFTHE CITY newspaper,as prodded by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
OF EDEN PRAIRIE,MINNESOTA. amended.
AMENDING CITY CODE
CHAPTER 9 BY AMENDING (g)The printed public notice that is attached to this Affidavit and i den tifited as No. 6J Gj
SUCTION 9.71 RELATING TO MN
REFERENCES; AND was published on the date or dates and in the newspaper stated in the attached Notice and said
RULES RE Notice is herebyincorporated as art of this Affidavit.Said notice was cut tram the columns of
ADOPTING TER 1 AND
SECCE TION
the news specified. Printed below is a co of the lower case alphabet from A to Z,both
CODE CHAPTER 1 AND SECTION 1�1�'� PY P
11.99 WHICH, AMONG OTHER inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
THINGS, CONTAIN PENALTY and publication of the Notice:
PROVISIONS.
THE CITY COUNCIL OF THE abcdefgh&Inanopgrstuvwxyz
CITY OF EDEN PRAIRIE,
MINNESOTA, ORDAINS:
Summary: This ordinance ���
amends Chapter 9 Section 9.71 of
the City Code by adding a provision Laurie A.Hartmann
to allow native plant landscaping
within the setback under specific
conditions.
Egg;This Ordinance Subscribed and swam before me on
shall take effect upon publication.
Phil Young,Mayor
ATTEST: Kathleen Porta,City Clerk this G day of �•t- 12010
(A full copy of the text of this Y
Ordinance is available from City
Clerk.)
(Published in the Eden Prairie News JYMME J.13ARK
on Thursday August 26, 2014: No. NOTARY PUBLIC-MINNESOTA
3019) L/ 9-7
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RATE INFORMATION
Lowest classified rate paid by commercial users forcomparabie space...$31.20 per column inch
Maximtun rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$12-59 per column inch