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HomeMy WebLinkAboutCity Council Ordinance 2003-17CITY OF PLYMOUTH ORDINANCE NO. 2003-17 AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE TO ADD A NEW SECTION ON NATURAL PRESERVES (2002147) THE CITY OF PLYMOUTH ORDAINS: Section 1. Amendments to City Code. The text of Chapter 8 of the City Code of the City of Plymouth, Minnesota is hereby amended as follows: A. SECTION 810.01, SUED. 2 IS HEREBY AMENDED AS FOLLOWS: Subd. 2. Weeds as a Nuisance. Weeds, tall grasses and other rank or harmful vegetation, excluding Noxious Weeds, growing upon any private property or upon any property adjacent to the traveled portion of any street, alley, trail or sidewalk in the City, exceeding the height of eight (8) inches on properties other than Agricultural or Natural Preserves or buffer strips shall be cut by the owner or occupant of the property. Agricultural land, for the purpose of this subdivision, shall be properties located in the FRD zoning district and under current cultivation or properties used for grazing purposes or undeveloped land not in the FRD district excluding portions of such property abutting within 200 feet of property developed or under development, improved public or private facilities or City streets. Natural Preserves are defined in Section 811.02 of the City Code. Buffer strips are defined in Section 4, Subdivision B (definitions) of the City's Zoning Ordinance. (Ord. 95 -10, 02107195)- B. SECTION 811 IS HEREBY ADDED AS FOLLOWS: Section 811 — Natural Preserves 811.01 Purpose and Intent: It is the policy of the City of Plymouth to encourage preservation, including appropriate management, of natural areas within the community. To this end, the City will formally recognize areas within Plymouth where the City and/or a private property owner find it is beneficial to maintain the area in a natural state. 811.02 Definition of Natural Preserve: Publicly owned lands designated as park or open space or private properties approved by the City which are set aside to preserve their natural characteristics and qualities. 811.03 Procedures to Establish a Natural Preserve Subd.1. Designation without platting. To request natural preserve designation, a property owner must submit a written application to the City. Lands that the City Council finds have merit as natural preserves will be so designated by Council resolution. Ten (10) days prior to City Council action on a natural preserve, the City will mail notification of the pending action to all owners of property within two hundred (200) feet of the boundary of the property in question. An application for natural preserve designation must include the following: (a) List, mailing labels and map from Hennepin County, of names and addresses of property owners of record (current within 6 months) located within two hundred (200) feet of the boundaries of the subject property. (b) A property survey that identifies the area to be designated. A minimum of eight (8) feet of maintained area (e.g. sodded, mulched, paved) is mandatory between the proposed natural area and any abutting public roadway or trail. (c) A description of the vegetation types in the area. The vegetation in the area must consist of native plant communities. The City will not designate areas as natural preserves that consist of previously graded area with little or no topsoil, which is simply overgrown with whatever vegetation will grow on the site. In addition, extreme slopes may be excluded from natural preserve designation due to inaccessibility or hardship in maintaining the slope. (d) A management plan. Lands designated as natural preserves shall be managed to ensure compliance with State Noxious Weed Laws. Subd. 2. Designation as part of platting. If a property owner requests natural preserve designation as part of a plat, the property owner shall follow the same requirements set forth in Subd. 1(b) through Subd. 1(d) above. However, approval of a natural preserve that is requested through the platting process will occur as part of the City Council approval of the tree preservation plan associated with the plat rather than in separate resolution. 811.04 Duration. A natural preserve shall continue to exist until such time as the City determines that a property owner is not meeting the requirements outlined in Subd. 1 of this section or until the property owner requests that the designation be removed from the property. Section 2. Effective Date. This amendment shall take effect effective immediately upon its passage. Adopted by the City Council this 10th day of June, 20 JiNJoboyayor ATTEST andra R. Paulson, City Clerk