The city has experienced repeated incidents in which commercial landscapers have accomplished landscaping in the city which is contrary to city ordinances; and that commercial “landscaping” in the city should be regulated in order to promote the goals set in Ordinance 172.
A “Landscaper” means any person or entity who engages in landscaping activities as defined in Section 165.10(12) (j) of the Wahpeton Zoning Code.
LICENSING. It is unlawful for any person to engage in landscaping activities in the city of Wahpeton without first making application for and receiving a valid landscaping permit from the City of Wahpeton.
An application for a landscaping license shall be made in writing to the city zoning officer.
An applicant for a landscaping license shall post with the city a bond in the minimum sum of $5,000.00 issued by a surety company authorized to issue such bonds in the State of Iowa. The bond shall guarantee the licensee’s payment for any damage to the city or to public property and payment of all costs incurred by the city in enforcement of this ordinance.
Each licensee shall maintain on file with the city a Certificate of Insurance indicating that the licensee has in force public liability insurance covering the licensee and all agents and employees for the following minimum amounts:
Bodily Injury: $500,000
Property Damage: $200,000
The purpose of this requirement is to preserve and protect the health, safety and general welfare of the people of the city through:
SEASONAL PERMIT FEE.
- Zoning adopted to guide, regulate and establish requirements for landscaping activities.
- To protect groundcover, to protect natural drainage; to promote and provide for improved storm water drainage; to protect existing utilities and improvements, and to limit adverse effects on landscaping activities on adjoining and nearby landowners and on city property.
- It is desirable to preserve and protect the water quality of West Lake Okoboji and the panorama of natural shoreline terrain for the enjoyment and environmental enrichment of the citizens and visitors.
- Corrective action on shoreline banks to prevent erosion while maintaining the natural terrain and native vegetation of the shoreline should be supported.
A seasonal permit fee of $25.00 shall be payable at the time of filing the application. All permits shall expire on January 2 of each year and must be renewed thereafter.
Upon approval of the application, filing of bond and insurance certificate and payment of the required fee, the city shall issue a Landscaping Permit.
LANDSCAPING ACTIVITY PERMITS.
Each licensee shall submit an application and obtain a Landscaping Permit from the city as required under Sections 165.10(12) & 165.10(13) of the Wahpeton Zoning Code for each landscaping project and shall comply with all provisions of that subsection.
STORM WATER DIVERSION.
In accomplishing landscaping activities in the city, no such activities shall divert or cause an increase in the rate or volume of storm water discharge onto adjoining public or private property, unless specifically authorized by a Landscaping Permit.
PROTECTION OF PUBLIC WAYS.
No landscaping shall be placed or constructed on or into any public way, including streets, pedestrian walkways, or permanent easements.
SUPPLEMENTAL DISTRICT REGULATIONS.
All landscaping activities and improvements shall comply with all provisions of Section 165.10 of the Wahpeton Zoning Code, including open space requirements; yard and area regulations; restrictions on steps, decks, patios, fences and walls; landscaping and silt fence screening.
I understand and will comply with the rules and regulations of this permit. A request for a landscaping permit shall be submitted by a written application, including a diagram or site plan of the parcel upon which landscaping activities are to take place, together with a diagram or illustration and a description of all contemplated landscape activities. The application shall set out the necessity for the proposed landscaping, as well as corrective measures proposed and materials to be used. Landscaping Permit Applications shall be reviewed by the City Zoning Officer who shall either issue, modify or deny a permit. Any changes or revisions to an approved permit must be brought to the attention of the Zoning Officer for further approval. Decisions of the Zoning Officer on a landscaping permit may be appealed to the Wahpeton Board of Adjustment. Failure to comply with these regulations could result in my permit being revoked and not allowed to work within the City of Wahpeton.
- Property owners accomplishing landscaping activities on their property shall be exempt from the licensing, bond, insurance and permit fee requirements of this chapter, but shall be required to obtain a permit for any landscaping activity. Typical gardening activities shall not be considered landscaping.
- The City of Wahpeton and other governmental units shall be exempt from the requirements of this chapter.”
$25.00 fee due. Please mail or drop off check at the city office.