8. Zoning Ordinance regarding landscaping and tree preservations requirements CITYOF
INIMIIIIIMINIIIIIS
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1 I AN11ASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM ', A-
TO: Don Ashworth, City Manager 3?e --
IFROM: Kate Aanenson, Planner '- ' -
DATE: October 24, 1991e*.c
ISUBJ: Revised Landscaping Ordinance - ZOA #90-6
1 The proposed landscaping ordinance was reviewed at the last City
Council meeting on October 14, 1991, and was continued on the
informal City Council meeting on Tuesday, October 15, 1991. There
1 was some confusion as to what the official action of the Council
was. The ordiance is back on this agenda for a second reading and
formal action.
1 Attached is a proposed summary for publication purposes which
should be approved along with the amendment.
IATTACHMENTS
1. Ordinance amendment
1 2 . Ordinance summary for publication.
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t4: PRINTED ON RECYCLED PAPER
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 AND CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE SUBDIVISION AND ZONING ORDINANCE
' The City Council of the City of Chanhassen ordains:
11 Section 1. Article XXV, Chapter 20, of the Chanhassen City Code is
hereby amended in its entirety to read as follows:
Article XXV
' Landscaping and Tree Removal
DIVISION 1. GENERALLY
' Section 20-1176. Intent, scope and compliance.
' (a) The intent of this article is to improve the appearance
of vehicular use areas and property abutting public rights-of-way;
to require buffering between non-compatible land uses; and to
protect, preserve and promote the aesthetic appeal, character and
' value of the surrounding neighborhoods; to promote public health
and safety through the reduction of noise pollution, air pollution,
visual pollution and glare.
(b) This article does not apply to single family detached
residences in the A-1, A-2 , RR and RSF zoning districts which are
' regulated by landscaping requirements contained in the Subdivision
Ordinance.
(c) No new site development, building, structure or vehicular
' use area is allowed, unless landscaping is provided as required in
this article.
' (d) No property lines shall be altered nor shall any
building, structure or vehicular use area be expanded, unless the
minimum landscaping required by the provisions of this article is
provided for the entire property.
' (e) The landscaping standards shall provide for screening for
visual impacts associated with a given use, including but not
' limited to:
o truck loading areas;
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o trash storage;
parking lots, interior lot areas and perimeters;
o large unadorned building massing;
o garage doors associated with auto oriented uses; and
o vehicular stacking areas for drive through uses
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(f) Buffering shall be provided between high intensity and
low intensity uses and between a site and major streets and
highways and in areas where buffering is required by the
Comprehensive Plan. I
(g) The City shall encourage reforestation through boulevard
and streetscape planting. 1
(h) Mature stands of trees shall be preserved.
(i) Reforestation shall be pursued as appropriate.
Section 20-1177 . Plan Submission; Time of Completion; Financial
Guarantees. '
The property owner or developer shall prepare a landscape plan
drawn by a registered landscape architect or other professional
acceptable to the city for review by the city. The city shall
apply the following conditions in approval or disapproving the
plan:
(1) The contents of the plan shall include the following:
a. Plot plan, drawn to an easily readable scale,
showing and labelling by name and dimensions, all
existing and proposed property lines, easements,
buildings, and other structures, vehicular use
areas (including parking stalls, driveways, service
areas, square footage) , water outlets and landscape
material (including botanical name and common name,
installation size, on center planting dimensions
where applicable, and quantities for all plants
used) .
b. Typical elevations and/or cross sections as may be '
required.
c. Title block with the pertinent names and addressed
(property owner, person drawing plan, and person
installing landscape material) , scale date, north
arrow (generally orient plan so that north is to
top of plan) , and zoning district.
d. Existing landscape material shall be shown on the
required plan and any material in satisfactory
condition may be used to satisfy this article in
whole or in part.
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(2) Where landscaping is required, no building permit shall
be issued until the required landscaping plan has been
submitted and approved, and no certificate of occupancy shall
be issued until the landscaping is completed as certified by
an on-site inspection by the building inspector, unless a
financial guarantee acceptable to the city has been submitted.
(3) When screening, landscaping or other similar improvements
to property are required by this ordinance, a letter of credit
or cash escrow shall be supplied by the owner in an amount
' equal to at least one hundred ten (110) percent of the value
of such screening, landscaping or other improvements. The
security must be satisfactory to the city and shall be
conditioned upon reimbursement of all expenses incurred by the
' city for engineering, legal or other fees in connection with
making or completing such improvements. The guarantee shall
be provided prior to the issuance of any building permit and
shall be valid for a period of time equal to one (1) full
growing season after the date of installation of the
landscaping. In the event construction of the project is not
' completed within the time prescribed by building permits and
other approvals, the city may, at its option, complete the
work required at the expense of the owner and the surety.
' The city may allow an extended period of time for
completion of all landscaping if the delay is due to
conditions which are reasonably beyond the control of the
' developer. Extensions which may not exceed nine (9) months,
may be granted due to seasonal or weather conditions. When an
extension is granted, the city shall require such additional
security as it deems appropriate.
DIVISION 2 . TREE PRESERVATION REGULATIONS.
Section 20-1178 . Generally.
' (a) It is the policy of the city to preserve natural woodland
areas throughout the city and with respect to specific site
development to retain as far as practical, substantial tree stands
' which can be incorporated into the overall landscape plan.
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(b) No clearcutting of woodland areas shall be permitted
except as approved in a subdivision, planned unit development or
' site plan application.
(c) The following standards shall be used in evaluating
' subdivisions and site plans:
(1) To the extent practical, site design shall preserve
significant woodland areas.
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(2) Healthy shade trees of six (6) inches or more 11
caliper at four (4) feet in height shall be saved
unless it can be demonstrated that there is no
other feasible way to develop the site.
(3) Replacement of trees approved for removal by the
city may be required on a caliper inch per caliper
inch basis. At minimum, however, replacement trees
shall conform to . the planting requirement
identified in Division 3 of this article.
(4) During the removal process, trees shall be removed
so as to prevent blocking of public rights-of-way
or interfering with overhead utility lines. ,
(5) The removal of diseased and damaged trees is
permissible only if they cannot be saved.
(6) Trees designated for preservation shall be '
protected by snow fence or other means acceptable
to the city. Protective measures must be located
at or beyond the ground footprint of the tree' s
crown. No fill material or construction activity
shall occur within these areas. These measures
must be in place and inspected prior to the start
of grading activity.
(7) Trees designated for preservation that are lost due
to construction activity shall be replaced by new
compatible trees approved by the city. The city
will require the developer to replace these trees
with the largest comparable trees that are
commercially available for transportation.
(8) At the city's discretion, conservation easements
may be required to protect designated tree
preservation areas.
DIVISION 3 . LANDSCAPING STANDARDS
Section 20-1179. Landscape Budget.
(a) Landscaping shall be provided that meets the minimum
landscaping budget provided in the table below.
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PROJECT VALUE MINIMUM LANDSCAPE
VALUE
(Including building construction,
Usite preparation, and site improvements)
Below $1, 000, 000 2%
$1, 000,001 - $2, 000,000 $20,000 + 1% of
Project Value in
' excess of
$1,000, 000
' $2, 000, 001 - $3, 000, 000 $30, 000 + 0.75%
of Project
Value in excess
of $2, 000, 000
$3, 000, 001 - $4 , 000, 000 $37,500 + 0.25%
of Project
Value in excess
of $3, 060, 000
Over $4, 000, 000 1%
' At the city's discretion, the value of tree preservation may be
utilized to offset landscaping requirements.
' Section 20-1180. Screening for Visual Impacts.
' (a) Visual impacts must be screened or buffered as required
by the city. These shall include, but not be limited to, truck
loading areas, trash storage, parking lots, interior lot areas and
perimeters, outdoor storage areas, large unadorned building
massing, garage doors associated with auto oriented uses and
vehicular stacking areas for drive-thru uses.
1) Required screening or buffering for any visual impact may
be achieved with fences, walls, earth berms, hedges or
other landscape materials. All walls and fences shall
' be architecturally harmonious with the principal
building. The use of wooden screen fences or chain link
fences equipped with slats is prohibited. Earth berms
shall not exceed a slope of 3: 1 unless provided with
' landscaping designed to minimize maintenance. The screen
shall be designed to employ materials which provide an
effective visual barrier during all seasons.
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2) All required screening or buffering shall be located on 11
the lot occupied by the use, building, facility or
structure to be screened. No landscape screening shall
be located on any public right-of-way or within eight (8)
feet of the traveled portion of any street or. highway.
3) Screening or buffering required by this section shall be
of a height needed to accomplish the goals of this
section. Height of plantings required under this section
shall be measured at the time of installation.
(b) The following uses shall be screened or buffered in
accordance with the requirements of this subdivision:
1) Principal buildings and structures and any building
or structure accessory thereto located in any
business, industrial or planned unit development
district containing non-residential uses shall be
buffered from lots used for any residential
purpose.
2) Principal buildings and structures and any building
or structure accessory thereto located in any R4,
R8, R12, R16 District or planned unit development
district containing residential development at
densities exceeding 4 units per acre shall be
buffered from lots located in any Al, A2, RR or RSF
District.
3) Additional buffer yard requirements are established
by the City Comprehensive Plan and listed in
individual district standards.
4) Outside storage in any district subject to these
provisions and allowed by other provisions of this
ordinance, shall be screened from all public views.
Section 20-1181. Vehicular Areas. '
(a) Parking lot perimeters where vehicular areas, including
driveways and drive aisles, are not entirely screened visually by
an intervening building or structure from any abutting right-of-
way, there shall be provided landscaping designed to buffer direct
views of cars and hard surface areas. The goal of this section is
to break up expanses of hard surface areas, help to visually define
boulevards and soften direct views of parking areas.
(b) Interior Landscaping for Vehicular Use Areas: ,
1) Any open vehicular use are (excluding loading,
unloading, and storage areas in IOP and BG
Districts) containing more than six thousand
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I (6,000) square feet of area, or twenty (20) or more
vehicular parking spaces, shall provide interior
landscaping in accordance with this division in
II addition to "perimeter" landscaping. Interior
landscaping may be peninsular or island types.
2) For each one hundred (100) square feet, or fraction
II thereof, of vehicular use area, five (5) square
feet of landscaped area shall be provided.
1 3) The minimum landscape area permitted shall be
sixty-four (64) square feet, with a four foot
minimum dimension to all trees from edge of
Ipavement where vehicles overhang.
4) In order to encourage the required landscape areas
I to be properly dispersed, no required landscape
area shall be larger than three hundred fifty (350)
square feet in vehicular use areas under thirty
thousand (30, 000) square feet. In both cases, the
II . least dimension of any required area shall be four-
foot minimum dimension to all trees from edge of
pavement where vehicles overhang. Landscape areas
I larger than above are permitted as long as the
additional areas are in excess of the required
minimum.
I 5) A minimum of one (1) tree shall be required for
each two hundred fifty (250) square feet or
fraction thereof, of required landscape area.
I Trees shall have a clear trunk of at least five (5)
feet above the ground, and the remaining area shall
be landscaped with shrubs, or ground cover (not to
II include rocks or gravel) , not to exceed two (2)
feet in height.
6) Parked vehicles may hang over the interior
I landscape area no more than two and one-half (21/2)
feet, as long as a concrete curb is provided to
ensure no greater overhang or penetration of the
Ilandscaped area.
7) All landscaped areas shall be protected by concrete
Icurbing.
Section 20-1182. Foundation and Aesthetic Plantings.
I (a) Landscaping plans shall provide for an appropriate mix of
plantings around the exterior footprint of all buildings. The
intent of this section is to improve the appearance of the
istructures and, where necessary, break up large unadorned building
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elevations. These plantings are not intended to obscure views of
the building or accessory signage.
(b) All undeveloped areas of the site, excluding protected
wetlands and tree preservation areas, shall be seeded or sodded.
In addition, an appropriate mix of trees and other plant material
shall be provided to create an aesthetically pleasing site.
(c) Where undeveloped or open areas of a site are located
adjacent to public right-of-way, the plan shall provide for over-
story boulevard trees. A minimum of one (1) tree for every thirty
(30) feet of frontage is required. The City may approve
alternatives if it meets the intent of the ordinance.
Section 20-1183 . Landscaping Materials. I
(a) The landscaping materials shall consist of the following:
(1) Walls and fences. Walls shall be constructed of '
natural stone, brick or other appropriate
materials. Fences shall be constructed of wood.
Chain link fencing will be permitted only if
covered with plant material or otherwise screened.
(2) Earth berms. Earth berms shall be physical ,
barriers which block or screen the view similar to
a hedge, fence, or wall. Mounds shall be
constructed with proper and adequate plant material
to prevent erosion. A difference in elevation
between areas requiring screening does not
constitute an existing earth mound, and shall not
be considered as fulfilling any screening
requirement.
(3) Plants. All plant materials shall be living
plants; artificial plants are prohibited. Plant
materials shall meet the following requirements:
a) Deciduous trees. Shall be species having an
average mature crown spread of greater than
fifteen (15) feet and having trunk(s) which
can be maintained with over five (5) feet of
clear wood in areas which have visibility
requirements, except at vehicular use area
intersections where an eight (8) foot clear
wood requirement will control. Trees having
an average mature spread of crown less than
fifteen (15) feet may be substituted by
grouping of the same so as to create the
equivalent of a fifteen (15) foot crown
spread. A minimum of ten (10) feet overall
height or minimum caliper (trunk diameter, ,
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up to four (4) inches caliper) of at least two
and one-half (21) inches immediately after
' planting shall be required. Trees of species
whose roots are known to cause damage to
public roadways or other public works shall
' not be placed closer than fifteen (15) to such
public works, unless the tree root system is
completely contained within a barrier for
which the minimum interior containing
dimensions shall be five (5) feet square and
five (5) feet deep and for which the
construction requirements shall be four (4)
inches thick, reinforced concrete.
b) Evergreen trees. Evergreen trees shall be a
' minimum of six (6) feet high with a minimum
caliper of one and one-half (11/2) inches when
planted.
' c) Shrubs and hedges. Deciduous shrubs shall be
at least two (2) feet in average height when
planted, and shall conform to the opacity and
other requirements within four (4) years after
planting. Evergreen shrubs shall be at least
two (2) feet in average height and two (2)
feet in diameter.
' • d) Vines. Vines shall be at least twelve (12)
inches high at planting, and are generally
' used in conjunction with walls or fences.
e) Grass or ground cover. Grass shall be planted
' in species normally grown as permanent lawns,
and may be sodded, plugged, sprigged, or
seeded; except in swales or other areas
subject to erosion, where solid sod, erosion
' reducing net, or suitable mulch shall be used,
nurse-grass seed shall be sown for immediate
protection until complete coverage otherwise
' is achieved. Grass sod shall be clean and
free of weeds and noxious pests or diseases.
Ground cover such as organic material shall be
' planted in such a manner as to present a
finished appearance and seventy-five (75)
percent of complete coverage after two (2)
complete growing seasons, with a maximum of
' fifteen (15) inches on center. In certain
cases, ground cover also may consist of rocks,
pebbles, sand and similar approved materials.
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f) Retaining walls exceeding five (5) feet in
height, including stage walls which
cumulatively exceed five (5) feet in height,
must be constructed in accordance with plans
prepared by a registered engineer or landscape
architect of brick, concrete or natural stone.
Artificial material may be approved if
appropriate. I
DIVISION 4. MAINTENANCE AND INSTALLATION.
Section 20-1184. Generally. 1
The owner, tenant, and their respective agents shall be held
jointly and severally responsible to maintain their property and
landscaping in a condition presenting a healthy, neat and orderly
appearance and free from refuse and debris. Plants and ground
cover which are required by an approved site or landscape plan and
which have died shall be replaced within three (3) months of
notifications by the city. However, the time for compliance may be
extended up to nine (9) months by the director of planning in order
to allow for seasonal or weather conditions.
Section 2 . Section 18-61 of the Chanhassen City Code is
amended to read:
Section 18-61. Landscaping and Tree Preservation Requirements. '
(a) Required Landscaping/Residential Subdivision
1) Each lot shall be provided with a minimum of one _
(1) tree to be placed in the front yard. The type
of tree shall be overstory, selected from the list
of deciduous trees provided herein. Trees must be
at least 22 inches in diameter at the time of
installation. This requirement may be waived by
the city when the applicant can demonstrate that a
suitable tree having a minimum diameter of 2;
inches for deciduous and 6 foot height for
evergreen and 4 feet above the ground is located in
an appropriate location on the lot. The following
trees may be used to meet planting requirements.
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IPrimary Specimen Deciduous Trees Common Name
Acer saccharum Maple, Sugar or hard
ICeltis occidentalis Hackberry
Quercus a/ba Oak, White
Quercus bicolor Oak, Bicolor
IQuercus macrocarpa Oak, Bur
Tilia americana Linden, American
ISecondary Deciduous Trees
I Acer platanoides 'Cleve/and' Maple, Cleveland Norway
Acer platanoides 'Columnar' Maple, Columnar
Acer platanoides 'Crimson King' Maple, Crimson King
I Acer platanoides 'Emerald Lustre' Maple, Emerald Lustre Norway
Acer platanoides 'Emerald Queen' Maple, Emerald Queen Norway
Acer platanoides 'Jade Glen' Maple, Jade Glen
I Acer platanoides 'Schwedler` Maple, Schwedler Norway
Acer platanoides 'Superform' Maple, Superform Norway
Acer platanoides 'Variegatum' Maple, variegated Norway
I Acer rubrum Maple, Red
Acer rubrum 'Northwood' Maple, Northwood Red
Acer saccaharinum 'Silver Queen' Maple, Silver Queen
I Betula papryiter Birch, paper
Betula pendula icciminta Birch, cut leaf weeping
Fraxinus americana Ash, White
I Fraxinus pennsylvanica Ash, Marshall's Seedless
Ginkgo biloba Ginkgo
Gleditsia tricanthos inermis Honeylocust, thornless
I • Gleditsia tricanthos inermis 'Imperial' Honeylocust, Imperial
Gleditsia tricanthos inermis 'Skyline' Honey locust, Skyline
Gymnocladus dioica Coffeetree, Kentucky
IOrnamental
IAcer innala Maple, Amur
Amelanchier Serviceberry or Juneberry
I Malus bacata columnaris Crabapple, Columnar Siberian
Malus (various species) Crabapple, flowering - Varieties: Dolgo,
Flame, Radiant, Red, Silver, Red Spendor
I Prunus 'Newport' Plum, Newport
Prunus triloba Plum, flowering or Rose Tree of China
Prunus virginiana 'Schubert' Chokeberry, Schuberts
IRhamnus frangula 'Columnar's' Buckthorn, Tallhedge
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Syringa amurensis japonica Lilac, Japanese tree
Tilia cordata Linden, Littleleaf
Tilia cordata 'Greenspire' Linden, Greenspire
Tilia x euchlora 'Redmond' Linden, Redmond
Conifers
Abies balsamea Fir, Balsam
Abies concolor Fir, Concolor
Picea abies Spruce, Norway
Picea glauca Spruce, White
Picea gauca densata Spruce, Black Hills
Picea pungens Spruce, Colorado Green
Picea pungens glauca Spruce, Colorado Blue
Pinus nigra Pine, Austrian
Pinus ponderosa Pine, Ponderosa
Pinus resinosa Pine, Norway
Pinus strobus Pine, White
Pinus sylvestris Pine, Scotch
Pseudotsuga Menziesii Fir, Douglas
Thuja occidentalis Arborvitae
Thuja occidentalis Techney Arborvitae
2) The tree must be installed rior to receiving '
P g a
certificate of occupancy or financial guarantees
acceptable to the city must be provided to ensure I
timely installation.
3) All areas disturbed by site grading and/or
construction must be seeded or sodded immediately
upon completion of work to minimize erosion. When
certificates of occupancy are requested prior to
the satisfaction of this requirement, financial
guarantees acceptable to the city, must be
provided.
4) No dead trees or uprooted stumps shall remain after
development. On-site burial is not permitted.
5) Landscaped buffers around the exterior of the
subdivision shall be required by the city when the
plat is contiguous with collector or arterial
streets as defined by the Comprehensive Plan and
where the plat is adjacent to more intensive land
uses. Required buffering shall consist of berms
and landscape material consisting of a mix of trees 1
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and shrubs and/or tree preservation areas. Where
appropriate, the city may require additional lot
depth and area on lots containing the buffer so
that it can be adequately accommodated and the
homes protected from impacts. Lot depths and areas
may be increased by 25% over zoning district
standards. The landscape plan must be developed
' with the preliminary and final plat submittals for
city approval. Appropriate financial guarantees
acceptable to the city shall be. required.
b) It is the policy of the city to preserve natural woodland
areas throughout the city and with respect to specific site
development to retain as far as practical, substantial tree stands
which can be incorporated into the overall landscape plan.
c) No clearcutting of woodland areas shall be permitted
except as approved in a subdivision, planned unit development or
site plan application.
d) The following standards shall be used in evaluating
subdivisions and site plans: •
(1) To the extent practical, site design shall preserve
significant woodland areas.
(2) Healthy shade trees of six (6) inches or more
caliper at four (4) feet in height shall be saved
unless it can be demonstrated that there is no
other feasible way to develop the site.
(3) Replacement of trees approved for removal by the
city may be required on a caliper inch per caliper
inch basis. At minimum, however, replacement trees
shall conform to the planting requirement
identified in Division 3 of this article.
(4) During the removal process, trees shall be removed
so as to prevent blocking of public rights-of-way
or interfering with overhead utility lines.
(5) The removal of diseased and damaged trees is
permissible only if they cannot be saved.
(6) Trees designated for preservation shall be
protected by snow fence or other means acceptable
to the city. Protective measures must be located
at or beyond the ground footprint of the tree's
' crown. No fill material or construction activity
shall occur within these areas. These measures
must be in place and inspected prior to the start
of grading activity.
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(7) Trees designated for preservation that are lost due
to construction activity shall be replaced by new
compatible trees approved by the city. The city
will require the developer to replace these trees
with the largest comparable trees that are
commercially available for transportation.
(8) At the city's discretion, conservation easements I
may be required to protect designated tree
preservation areas.
e) Financial guarantees acceptable to the city shall be I
required to ensure satisfactory installation of landscaping
requirements.
Section 3 . Section 20-117 and Section 20-119 of the
Chanhassen City Code are hereby repealed.
Section 4. This ordinance shall be effective immediately upon
its passage and publication.
ADOPTED by the City Council of the City of Chanhassen this 11
day of , 1991.
ATTEST:
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Don Ashworth, City Manager Donald J. Chmiel, Mayor 1
(Published in the Chanhassen Villager on , 1991. )
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE SUMMARY NO. _
AN ORDINANCE AMENDING CHAPTER 18 AND CHAPTER 20 OF THE
CHANHASSEN CITY CODE PERTAINING TO LANDSCAPING
THE CITY OF CHANHASSEN HAS ADOPTED AN ORDINANCE establishing
revised and higher development standards for landscaping in the
City. The ordinance regulates landscaping and tree removal, tree
' preservation, landscaping standards, and maintenance and
installation. Trees designated for preservation that are lost due
to construction activity are required to be replaced by new
compatible,trees. The requirements regarding value of landscaping
for the letter of credit has been increased to ensure installation
and maintenance of landscaping requirements.
' This ordinance is in full force commencing on the date of
publication of this summary.
Don Ashworth
City Manager
(Published in the Chanhassen Villager on - - )
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