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HomeMy WebLinkAbout2019-09-23 PACKET 06.3. STAFF REPORT CASE: TA2019-052 ITEM: 6.3 PUBLIC MEETING DATE: 9/23/19 TENTATIVE COUNCIL REVIEW DATE: 10/16/19 APPLICATION APPLICANT: City of Cottage Grove REQUEST: A zoning text amendment to City Code Title 11-6-5, regarding landscaping requirements, and to City Code Title 11-1-3, Rules of Word Construction; Definitions, to ensure language is consistent with the City’s tree preserva- tion ordinance. SITE DATA LOCATION: N/A ZONING: N/A GUIDED LAND USE: N/A LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: EAST: N/A SOUTH: WEST: SIZE: N/A DENSITY: N/A RECOMMENDATION Approval. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: Emily Schmitz, Senior Planner; 651-458-2814; eschmitz@cottagegrovemn.gov Application Accepted: N/A 60-Day Review Deadline: N/A City of Cottage Grove Planning Division  12800 Ravine Parkway South  Cottage Grove, MN 55016 Planning Staff Report Proposed Landscaping Ordinance Amendment Case No. TA2019-052 September 18, 2019 Introduction The City of Cottage Grove is initiating a zoning text amendment to City Code Title 11, Chapter 6, Subsec- tion 5, regarding landscaping requirements, and Title 11, Chapter 1, Section 3, regarding rules of word construction definitions. Background The City of Cottage Grove has two ordinances related to greenspace requirements in the community. The City’s landscaping ordinance was enacted in 1995 and amended in 2007. Amendments in 2007 estab- lished a minimum greenspace area for all development and the specific number of required trees and shrubs based on net acreage. The City’s tree preservation ordinance was revised in August 2019 creating requirements that are more user friendly and easy to follow. The proposed amendments to the landscape ordinance will correct incon- sistencies including amending the definition ordinance. Proposed Changes The proposed amendment aligns the landscaping and definition section with the requirements of the re- cently amended tree preservation section (Title 11-6-19), reorganizes the presentation of some infor- mation, and clarifies language throughout the zoning ordinance.  Street frontage: The current zoning ordinance stipulates that properties adjoining major or minor arterials or major collectors provide two extra trees per 100 feet of linear frontage. The intention is to provide additional landscaping on this frontage. However, nothing is said about where these trees should be placed on the site. It is proposed that this requirement be revised so as not to require addi- tional trees for frontage, but rather require that some of the trees already required be positioned along this frontage at a rate of one tree for every 40 feet. This has the advantage of improving street frontage without complicating calculations of the number of trees required for a given site.  Preservation credits: The current zoning ordinance contains a table establishing landscaping credits for existing landscaping features that are maintained on a site. The table dates from 1995, and it was found that the equivalencies established in the table do not adequately reflect the City’s preservation priorities as reflected in the newly enacted tree preservation ordinance. It is proposed that this table be replaced with a rule establishing the equivalency of one preserved qualifying tree to one required land- scaping tree. Recommendation The Planning Commission is requested to recommend amending City Code Title 11, Chapter 1, Section 3, regarding definitions and Title 11, Chapter 6, Subsection 5, regarding landscaping requirements. Prepared by: Attachments: Madeline Johnson, Planning Intern Draft Ordinance Amendment CITY OF COTTAGE GROVE, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING COTTAGE GROVE CITY CODE TITLE 11, CHAPTER 6, SECTION 5, REGARDING LANDSCAPING REQUIREMENTS The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 6, Section 5 shall be amended as follows: A. Purpose: Landscaping promotes immediate and long-term public health, safety, economic stability and general welfare of the city. Landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and reduces air and noise pollution. Uniform standards of development and maintenance of landscaping are established to promote a reasonable balance between the right of individuals to develop and maintain their property in a manner they prefer, while creating pleasant and attractive surroundings for residents to live, work, shop and recreate. B. Objectives: Required landscaped areas serve the following objectives: 1. Protect against soil erosion. 2. Reduce hazards of flooding. 3. Absorb carbon dioxide and supply oxygen. 4. Reduce the effects of noise, glare, dust and other objectionable activities. 5. Safeguard and enhance property values. 6. Promote the pleasant appearance and character of neighborhoods and cities. 7. Shade of plants promotes cooling effects. 8. Facilitate the safe movement of traffic. 9. Promote quality development. 10. Promote orderly growth. 11. Provide buffering and screening between different intensities of land use. 12. Aid in water conservation and water quality protection by requiring the use of plant material native to this climate in landscaping and retention of existing natural vegetation thereby reducing the need for irrigation, pesticides, herbicides and fertilizers. C. Landscape Plan Submittal Requirements: City of Cottage Grove, Minnesota Ordinance No. XXXX Page 2 of 14 1. Plan Required: a. A detailed landscape plan shall be submitted for review and approval by the planning division with the application for a building permit for a new structure, site plan approval, conditional use permit or subdivision approval. Each landscape plan shall reflect the purpose statement of this section and shall be prepared to meet the objectives and requirements. b. An applicant shall submit six (6) professionally designed, legible copies of the plan at the time of application. c. Every landscape plan submitted for a site shall be prepared by a professional landscape company, an accredited landscape technician or a landscape architect registered by the state. 2. Exemptions: Individual single- and two-family residential homesites shall be exempt from the general landscaping criteria unless it is otherwise specified in this section. 3. Design Emphasis: Design emphasis shall be placed on the following: a. Screening parking areas from view from public roadways and adjoining properties. b. Enhancing driveway entrance areas. c. Promoting the maintenance of vital sightlines of the principal use on the site. d. Mitigating the visual impacts of large areas of impervious surfaces. e. Maintaining efficient traffic and parking control. f. Reducing the amount of uninterrupted blank walls. g. Reducing the amount of contiguous hard surface areas at building entrances, along sidewalks and around other highly visible areas. 4. Plan Requirements: At the time of application, all of the following information shall be indicated graphically and labeled clearly on a one dimension scaled drawing at a sheet size of twenty four inches by thirty six inches (24” x 36”), and an eight and one-half inch by eleven inch (8.5” x 11”) transparency eleven inches by 17 inches (11” x 17”) reduction, and an electronic copy for all exhibits in the plan: a. Property lines, easements, and other pertinent boundary information. b. Adjacent and intersecting street rights of way, widths, and street names. c. Existing and proposed structures, buildings, walks, drives, landscaping and parking areas (with number of spaces noted), and any other humanmade structures. Existing items shall be differentiated from proposed. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 3 of 14 d. Existing and proposed utilities and utility easements. e. Existing and proposed two-foot (2’) contour lines. f. Corner visibility triangle areas required under subsection 11-3-5 E of this title. g. Existing trees with common name, botanical name, size and whether they are to be saved, relocated or destroyed. Tree inventory and preservation plan meeting the requirements of Title 11-6-19 of this code. h. Proposed plantings by location, scientific name, common name, quantity, caliper and planting method. i. Total square footage of parcel, buildings, parking lot interior, driveways, sidewalks, and required landscaped areas. j. Location, height and material of proposed screening, fencing and berms. k. Title block containing: date, name of project, name, address and phone numbers of owner, and the identity of the party who prepared the plan. l. Legal description. m. North arrow. n. Graphic scale of one inch equals forty feet (1” = 40’) or larger. o. Adjacent land uses. p. Fringe information within a distance of one hundred fifty feet (150’) from the project. q. Vegetation management plan for areas planted with native prairie grasses and wildflowers. r. Property identification number. D. General Landscape Requirements: 1. Minimum Landscape Requirements: a. The following areas of a site are required landscaped areas: (1) Required yards. (2) Parking lot perimeters. (3) Parking lot interiors. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 4 of 14 (4) Building perimeters. (5) Boulevards and right-of-way easements (6) Storage, loading and mechanical areas of a building. b. All required landscaped areas of a site shall contain landscaping. c. All landscaping in required landscaped areas shall be proportionately balanced with other features on the site and shall consist of a combination of three (3) or more of the following: (1) Sod. (2) Organic ground cover. (3) Shrubs. (4) Evergreen trees. (5) Ornamental trees. (6) Overstory trees. (7) Decorative rock. (8) Decorative site amenities. (9) Any other decorative landscape treatment. (10) Berms. d. All designated lawn areas of a site shall be sodded. e. Clustering of vegetation and landscaping materials is encouraged. f. Required landscaping materials of an industrial site may be concentrated in the front yard and other areas of public view if the side or rear yards abut a railroad right of way or a similar industrial use. Sod is required in all developed areas. g. Rear and side yard areas of large industrial sites that are not visible from public view and are not disturbed or graded as a part of the site development are exempt from the landscaping material placement requirements. h. Native prairie grasses and wildflowers may be placed only in a rear or side yard that is not adjacent to a public roadway. On sites of five (5) acres or more, the community development director may approve plantings of native prairie grasses and wildflowers in front yards, or side and rear yards adjacent to a public roadway. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 5 of 14 i. Vegetation that is planted on the site shall be designed to provide a variety of colors and screening during all seasons. j. The use of hardy vegetation native to this climate is a priority of the landscape designer of a developing site. 2. Minimum Vegetation Requirements: a. Open Space: Each development must have at least the minimum percentage open space shown in the following table: MINIMUM REQUIRED OPEN SPACE All Nonresidential Uses In AG And R B-2 And B-3 And I-2, I-3, I-4 Districts, N-B And B-P-B I-1 And I-5 1 Districts Districts Districts Districts Total development 30 percent 25 20 15 site percent percent percent Interior parking lot area that is included as part of the total 8 percent of interior parking lot area open space requirement The open space areas must not be covered by a building or other impervious surface, and must be planted with trees, shrubs, flowers, native plant species or similar plantings and covered with sod, landscape rock or mulch. Areas used for demonstrated parking cannot be used to fulfill the open space requirement. b. Landscaping Vegetation: The following table lists the minimum size requirements for landscaping vegetation: Vegetation Caliper/Gallons Height Ornamental tree 1.5 inch Overstory tree 2.5 inch Evergreen tree 6 feet Large shrubs 36 inches Medium shrubs 24 inches Small shrubs 12 inches City of Cottage Grove, Minnesota Ordinance No. XXXX Page 6 of 14 Evergreen shrubs 24-inch diameter Vertical evergreen shrubs 3 feet c. Caliper Measurements: Caliper measurements shall be taken six inches (6”) above grade for trees under four inches (4”) in diameter and twelve inches (12”) above grade for trees larger than four inches (4”). d. Tree Species: The tree species chosen for parking lot interior plantings shall require little maintenance and shall be able to tolerate harsh growing conditions such as sun, wind, glare, reflected heat, drought, salt and other chemicals as defined by the Minnesota department of transportation. e. Residential Developments: The minimum required tree and shrub requirements for all residential developments zoned R-2A, R-2B, R-2C, R-2D, R-2E, and R-2F districts are as follows: Townhouse Multiple-Family Developments (May Dwellings And Single-Be Placed In Private Nonresidential Uses Vegetation Minimum Family Lots Or In Common In Residential Type Size Dwellings Areas) Districts Coniferous 6 feet foot May be 1 per unit, but may Minimum of 30 trees bb substituted for be substituted on a 1 percent of required any of the for 1 basis for the overstory trees must overstory overstory deciduous be coniferous deciduous trees trees, except the street tree Ornamental 1.5 inch bb 2 may be 1 per unit required. 2 2 may be substituted deciduous (caliper) substituted for additional may be for 1 overstory trees 1 overstory substituted for 1 (maximum tree overstory (maximum substitution equals 50 substitution equals percent of required 50 percent of overstory trees) required overstory trees) 1 Overstory 1.5/inch 2 per lot 4 per unit or 1 per 40 2 per dwelling or 1 2 deciduous bb linear feet of site per 1,000 gross trees (caliper) perimeter, whichever square feet of building is greater area (grade level floor) or 1 per 40 linear feet of site City of Cottage Grove, Minnesota Ordinance No. XXXX Page 7 of 14 perimeter, whichever is greater Understory 3 gallons 10 per unit 5 per unit 1 per 300 gross shrubs potted or square feet of building 18-inch footprint area or 1 per height 30 linear feet of site perimeter, whichever is greater f. Tree And Shrub Requirements: (1) The amount of trees required is based upon seventy percent (70%) of the required green space/open space. The calculation takes into account the ground area occupied by the trees when fully grown, and requires that approximately twenty percent (20%) of the green space area be planted with coniferous trees (using an average of 300 square feet of ground area per tree), approximately fifty percent (50%) of the green space area should be planted with overstory deciduous trees (using an average of 700 square feet of ground area per tree), and approximately five percent (5%) of the required open space shall be filled with shrubs, half large and the other half smaller shrubs. Large shrubs shall be calculated to occupy twenty five (25) square feet and smaller shrubs, ten (10) square feet. (2) The number of trees and shrubs required shall be calculated by multiplying the site area by the coefficients in the following table for each landscape material: Large Small Overstory Shrubs (5 Shrubs (3 Zoning District Deciduous Coniferous Gallon) Gallon) All nonresidential uses in all AG 0.0002786 0.0002600 0.0006 0.0006 and R districts, B-1 and N-B (site area minus stormwater basins) B-2 (site area minus stormwater 0.0002321 0.0002167 0.0005 0.0005 basins) B-3 and P-B (site area minus 0.0001858 0.0001733 0.0004 0.0004 stormwater basins) I (site area minus stormwater 0.0001392 0.0001300 0.00039 0.00039 basins) g. Additional Landscape Requirements: (1) All properties adjacent to principal arterials, minor arterials, and major collectors as defined in the comprehensive plan, must provide for trees to line the property City of Cottage Grove, Minnesota Ordinance No. XXXX Page 8 of 14 frontage along the principal arterial, minor arterial, and/or major collector at the rate of at least one tree per forty feet of linear frontage. These trees count toward the total number of trees required per subsection (f) of this section. the following additional trees. These trees may not satisfy the minimum tree and shrub requirements as set forth in this subsection. Quantity Minimum (Per 100 Linear Feet Of Frontage) Size 3 Overstory deciduous 2 1/" bb 4 trees Coniferous trees 2 6' bb Ornamental trees 2 (for substitution of overstory deciduous only - 2" bb not required) (2) All portions of a site that are not covered by a building, hard surface coverage or water on a permanent basis must be planted with ground cover and landscaping materials. h. Ground Cover: All site areas and areas that have been disturbed during construction must be covered with sod to property lines and/or adjacent rights of way. Rock and mulch may be substituted for sod landscaping planting beds and along the perimeter of buildings. Native plant communities may be reestablished in appropriate portions of the site. i. Quantity Credits: Existing healthy qualifying trees of species not identified by the Minnesota DNR as invasive that are not susceptible to disease, new larger or smaller sized trees, or decorative landscaping may be credited toward the required trees detailed in this section at a rate of one preserved qualifying tree to one required tree., and the additional trees required for screening. The following table establishes the landscaping credits. Vegetation Type Size Exchange Credit Existing trees 2" bb (caliper) 1 tree deciduous or between 6' and 14' coniferous 4" bb (caliper) 2 trees deciduous or 14' coniferous or larger City of Cottage Grove, Minnesota Ordinance No. XXXX Page 9 of 14 New larger trees 4" bb (caliper) or 2 trees 14' coniferous Ornamental minimum 1.5" 2 trees may be substituted for 1 overstory deciduous trees or (caliper) bb deciduous tree (maximum substitution = 50% of smaller overstory required overstory trees) deciduous Shrubs 10 shrubs for 1 tree (2" bb overstory or 6' coniferous). These trees may not be used to fulfill the tree requirements in subsection 11-6- 5D2a of this section or those required for screening Decorative Exterior sculptures, fountains, decorative walks, landscape yard courtyards and/or additional ponds beyond those required, shown on a landscape plan that meets the intent of this section to the satisfaction of the community development director and/or city council E. Landscaping Area Requirements: 1. Required Yards: All required yards and setback areas shall be landscaped with clustered landscape materials. 2. Parking Lot Perimeter: The area within fifteen feet (15’) of a parking lot perimeter that lies outside of a required yard or setback area shall be landscaped with clustered landscaped materials. 3. Parking Lot Interiors: a. Parking lots with more than twenty-five (25) parking stalls (7,500 square feet) shall contain interior landscaped island’s or other landscaped traffic control or natural stormwater management features making up at least eight percent (8%) of the parking lot area in size, as followsmeeting the following specifications: (1) Islands adjacent to single vehicle perpendicular parking rows must be a minimum of five feet (5’) wide and sixteen feet (16’) in length; islands adjacent to double vehicle perpendicular parking rows must be a minimum of five feet (5’) wide and thirty two feet (32’) long. (2) Islands adjacent to single vehicle diagonal parking rows must be a minimum of eighty (80) square feet; islands adjacent to double vehicle diagonal parking rows must be a minimum of one hundred sixty (160) square feet. (3) Islands must be defined by concrete curbing. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 10 of 14 (4) In lieu of numerous small freestanding landscaped islands, internal landscape area requirements may be met by the placement of large linear landscaped areas that define traffic lanes and break up large hard surface expanses. 4. Building Perimeter: a. The region parallel with and adjacent to the sides of a building that faces a public street 1 or parking lot shall be landscaped for a length equal to one-half (/) of that building 2 dimension, and have with the landscaped region having an average depth of four feet (4’). b. Sites that were improved before the adoption of this section that are required to submit a landscape plan, and have difficulty providing building perimeter landscape areas because of existing site conditions, may substitute alternative landscape area designs to satisfy the requirements of this section. 5. Boulevards And Right Of Way Easements: a. All boulevard areas shall be sodded from the curb to the property line at the time of the completion of the site landscaping. b. Plantings and locations of materials that are to be placed in boulevard areas shall have the approval of the city’s director of public works prior to installation. All maintenance, or replacement of landscape materials placed in the boulevards is the sole responsibility of the property owner. c. Boulevards or other areas abutting a site that are in a dedicated public right of way or right of way easement are not included in the calculations of the total minimum required landscaping of a site. 6. Screening Of Storage, Loading And Mechanical Areas: a. Landscaping must be provided around exterior storage, exterior loading, service and mechanical areas to screen the uses from view by adjacent property or streets. b. Screening may consist of fences, walls, earth berms and landscape plantings. c. If landscaping is used, twenty five percent (25%) must be evergreen plantings. d. Walls must be compatible with the architectural treatment of the principal structure. F. Required Screening/Buffers: Transitional buffers are required along common property lines of different land uses (residential to business; business to industrial; or residential to industrial). The buffers shall be constructed in order to mitigate impacts that the higher intensity land use may have upon the adjoining lower intensity land use. G. Landscaping And Installation Standards: City of Cottage Grove, Minnesota Ordinance No. XXXX Page 11 of 14 1. Plant Materials: All plant material shall conform to and be installed in accordance with the most current edition of the American Standard For Nursery Stock as published by the American Association of Nurserymen, and professional horticultural standards as established by the most current edition of the Landscape Construction Reference Manual as published by the Minnesota Nursery and Landscape Association. All new trees shall be balled and burlapped for installation. 2. Species: No required overstory trees shall include the species of the genus Ulmus (elm), the species of the genus Populous (poplar), box elder or ginkgo (female only). 3. Berms: The slope of berms in sodded lawn areas shall not exceed thirty three percent (33%) (3:1). Berms planted with ground covers and shrubs may be no steeper than a four to one (4:1) ratio. Berms shall be graded to appear as smooth, rounded, naturalistic forms. Berms shall be entirely vegetated with lawn grass or ground cover. 4. Walls And Fences: a. Walls or fences shall be constructed entirely on the project property and may not exceed the height limitations of subsection 11-3-4 C1c of this Title. b. Retaining wall materials shall be of industry accepted quality and standards so as to prevent unstable retaining walls. c. Construction techniques shall be properly followed in order to prevent unstable retaining walls. d. Retaining walls over four feet (4’) in height must be designed by a registered architect or engineer and be reviewed and approved by the City Engineer. e. Retaining walls over thirty inches (30”) in height that are located in pedestrian traffic areas or other areas of potential danger shall be completely fenced along the top edge with a permanent fencing material. H. Preservation Of Existing Trees And Natural Landscape: 1. Site plans shall make all feasible attempts to accommodate existing unique landscape features, trees and vegetation within their design. 2. Grading plans for sites shall not alter the supply of water to existing stands of trees. 3. Trees which are to be preserved on-site shall be protected before, during and after the development process utilizing accepted practices. 4. Trees selected for preservation shall be shown on the landscape plan and clearly marked in the field. In woodland areas, groups of trees shall be selected for preservation rather than single trees wherever possible. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 12 of 14 5. Where grade changes in excess of six inches (6") from the existing natural grade level are necessary, permanent protective structures such as tree wells or walls shall be specified on the site plan and be properly installed. 6. Trees and groups of trees which are to be preserved shall be enclosed by a temporary fence or barrier to be located and maintained five feet (5') outside of their drip line during construction. Such a fence or barrier shall be installed prior to clearing or construction. In no case shall materials, vehicles or equipment be stored or stockpiled within the enclosure. Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices. Existing trees damaged through the construction shall be immediately repaired and if damaged beyond repair, replaced per the mitigation specifications outlined in this Section. 7. The developer shall be responsible for notifying all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that they are observed. 8. Relocation of trees must be done by a professional forester and nursery person. Mitigation plans for tree loss shall consist of replacement with trees of a caliper equal to the combined caliper of the trees removed. No tree for mitigation shall be less than two inches (2") in caliper and shall be of no less quality species than the tree removed. If on site replacement is not possible, the replacement shall take place on an adjacent public site in a total equal to the caliper lost on the developing property. IH. Building Permits And Certificates Of Occupancy: 1. Financial Guarantees: No building permit shall be issued until the required landscaping plan has been submitted to and approved by the Planning Division, and a performance bond, or irrevocable letter of credit from a banking institution, has been posted and approved by the City. The required financial guarantee shall be one hundred fifty percent (150%) of the cost of the landscaping project and shall be in effect for one year from the date of installation to ensure the installation, survival and replacement of the landscaping improvements. The landscaping improvements must survive one year from the date of the installation, and any plantings that do not survive shall be replaced. 2. Installation Of Landscaping: After a bond or irrevocable letter of credit has been posted, the landscaping material required in the approved landscaping plan shall be installed within six (6) months after the date of posting the bond or irrevocable letter of credit. A one month extension of the planting period may be granted by the Planning Division upon a demonstration by the property owner or developer that such an extension is warranted because of adverse weather conditions or unavailability of required plant materials. No more than three (3) such one-month extensions may be granted. The City may draw upon any posted financial guarantee or make a claim upon any posted bond if the required landscaping improvements have not been installed by the specified completion time or any plantings that have not survived a period of one year have not been replaced. 3. Inspections: The completed landscaping shall be reviewed for acceptance by an on-site inspection by the Planning Division prior to the release of any financial guarantees. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 13 of 14 JI. Maintenance Of Landscaped Areas: 1. General Maintenance Requirements: The landscaping shall be kept free of refuse, debris and all plants not included on the approved landscape plan. The owner and the owner’s respective agents shall jointly and severally be responsible for the regular weeding, mowing of grass, irrigation, fertilizing, pruning, and other maintenance of all plantings as needed. Required landscaping must be maintained in a healthy, growing condition at all times. 2. Irrigation: Irrigation shall be provided for all sodded and landscaped areas. Said irrigation shall consist of an underground sprinkling system that is designed by a professional irrigation installer to meet the water requirements of the site’s specific vegetation. The system shall be detailed on the landscape plan. Systems are permitted in the public right of way. The maintenance and repair of all private irrigation systems placed in public rights of way shall be the responsibility of the system owner. Irrigation systems that will interfere with any improvement projects in the public right of way shall upon notification be moved by the system owner prior to the project commencement. Any costs incurred a as result of irrigation systems that are not removed after notification shall be the responsibility of the system owner. Irrigation systems shall be so designed and installed that they do not spray across public streets or sidewalks. 3. Inspections: City officials are authorized to periodically inspect all landscape approved by the Planning Division or to investigate complaints made by any official or private citizen. 4. Replacement: Plant materials which exhibit evidence of insects, pests, diseases or damage shall be treated when appropriate, and all dead plant material shall be removed and replaced with another living plant that complies with approved landscape plan. 5. Public Landscaping Care: The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within any public right of way or public grounds as may be necessary to ensure the proper health of the vegetation or surrounding vegetation, the general public safety or to preserve or enhance the symmetry and beauty of such public ground. KJ. Alternative Compliance; Design Flexibility: The standards contained in this Section are intended to encourage development which is economically viable and environmentally satisfying. The standards are not intended to be arbitrary or to inhibit creative solutions. Project conditions may justify approval of alternative methods of compliance with the standards. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The Cottage Grove City Council adopted Ordinance XXXX. These landscaping ordinance amendments align this section with the requirements of the newly revised tree preservation section, as well as reorganizes and updates the requirements, some of which had not been done since 1995. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 14 of 14 SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this \[Day\] day of \[Month Year\]. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk Published in the South Washington County Bulletin on \[Date\].