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14 <br /> <br />Improvements identified on the landscape plan, including non -plant materials, such as fencing, shall <br />be maintained for the life of the project for which the plan was required. <br />h) Topsoil Borrow Requirements. Earthwork and topsoil shall comply with the following standards: <br />1. The topsoil stock pilestockpile location and erosion controls shall be called out in the plan set when <br />building permit for new residential or commercial construction is submitted to the cCity. All areas <br />disturbed, outside of paved areas, shall be excavated to a depth of four (4) inches and tilled to a <br />depth of six (6) inches ro to remove compaction. The depth of the topsoil borrow shall be no less <br />than four (4) inches, not including sod depth. <br />2. Only topsoil borrow meeting MinnesotaN Department of TransportationOT Specification 3877 as <br />modified to contain no less than 6% organic matter, is to be placed as the final soil layer on a site to <br />provide the required depth of topsoil borrow cover an and to bring the entire site to grade. <br />3. Confirmation of topsoil depth and quality shall be submitted as written confirmation from a licensed <br />party before a full Ccertificate of Ooccupancy is issued. <br />i) Warranty <br />1. All landscape materials shall be guaranteed for a period of at least two years. <br />a. The warranty begins when all approved development plan landscaping meets all required <br />acceptance criteria, as determined by the City’s Landscape Architect, from the Lake Elmo <br />Code Section 105.12.480, the City’s Landscape Special Provisions and in the Minne sota <br />Department of Transportation Standard Specifications Section 2571 and Standard Plan 5 - <br />297.301 Standard Planting Details A-C. <br />b. The warranty period ends when all approved development plan landscaping meets the <br />requirements, as determined by the City’s Landscape Architect, listed in Lake Elmo Code <br />Section 105.12.480(i)(1)(a). <br />c. Meeting the above requirements (i)(1)(a) and (i)(1)(b) may include replacements and <br />corrections to existing plant, tree, seed, sod, and landscaping installations, as well as new <br />installations of any landscaping material in the approved development plan not installed. <br />2. The developer is required to correct all non -compliant landscaping within 60 days of notification. <br />3. Warranty compliance inspections will be performed at the initial installation phase and to close out <br />the project at the end of the two year warranty period. Any landscape material that dies, has a dead <br />or broken central leader, exhibits 30% or more crown death or defoliation, is damaged by <br />construction or maintenance, becomes diseased or infested, or is not planted in compliance with the <br />Minnesota Department of Transportation Specification and Standard Plating Details A -C will not be <br />accepted. Acceptance is a requirement to secure release of the financial security portion allocated to <br />that phase of the warranty. <br />a. The developer is responsible for notifying the City when the project is ready for inspection. <br />j) Financial security. The city City will require that a financial security, in a form acceptable to the city City, be <br />provided as part of a development agreement or applicable permit to ensure compliance and performance of <br />the landscape plan. The financial security will be released to the applicant upon verification by the city City <br />that the landscape plan was followed, and that all landscape materials are planted and in a reasonable state of <br />health. The financial security may be used to replace any landscape materials that have become damaged or <br />diseased after planting. Adequate security must be retained to ensure performance for at least two years after <br />the installations have been completedthe required landscaping from the approved development plan meets all <br />City requirements and receives both initial acceptance start the two year landscape warranty period and final <br />acceptance to complete the two year landscape warranty period. <br /> <br /> <br /> <br />PUBLIC HEARING: <br />A public hearing was published in the City’s official newspaper on October 28, 2024. No public <br />comment has been received. <br /> <br />PLANNING COMMISSION: <br />The Planning Commission review this request at their November 3, 2024 meeting. The <br />commission voted to recommend approval of the amendments as proposed by Staff (Vote 5-0). <br />