. Landscape requirements identified in this section and in the format specified by the application necessary to obtain a standard site plan approval shall be depicted on a landscape plan. This landscape plan shall be signed and sealed by a landscape architect.
A. In cases where a particular site opportunity exists; a creative design has been proposed; or where there is an unusual site encumbrance, an application for an alternative landscape plan which does not strictly comply to the standards of this section may be submitted for approval to the City Manager or designee. If the City Manager or designee denies the application for the alternative plan, the applicant may, within fifteen (15) business days after receipt of notice of such denial, appeal the decision to the Board of Adjustment (BOA).
B. An application for alternate compliance must include a letter stating how the plan meets the purpose and intent of the Code and the details of the methods used to meet such intent. In addition, a comparison detailing the landscape elements required to satisfy strict compliance versus the alternative plan must be provided.
C. In rendering a decision on an alternate compliance plan, the City Manager or designee shall consider appropriate circumstances including, but not limited to:
Implementation.
Inspection. Prior to the issuance of a certificate of occupancy for the project, a landscape architect, or the identified professional as determined for site plans, shall inspect each site and certify that the site meets the requirements of this section and conforms to the approved site plan and/or landscape plan. Upon receipt of the certification, the City Manager or designee shall verify that all requirements have been met.
Certificates of Occupancy.
A. Prior to the issuance of a certificate of occupancy, the developer/owner shall either have completed the installation of all required landscaping or shall file with the City Manager or designee fiscal security (by bond, certificate of deposit, letter of credit or cash security) satisfactory to the city, in the amount of a contractor’s estimate using current market prices for materials and installation of the required landscaping plus a twenty (20) percent contingency. The contractor’s estimate shall be subject to the approval of the City Manager or designee.
B. Any developer/owner wishing to file fiscal security must also grant license to the city to enter upon the land for the purposes of installing the required landscaping in the event of nonperformance.
C. Except as provided below, all required landscaping must be installed or planted no later than 45 days from the issuance of a certificate of occupancy unless otherwise approved in writing by the city.
D. In the event that mandatory water restrictions have been implemented by the City Council or City Manager, the developer/owner shall comply with the applicable restrictions and regulations contained therein.
Maintenance.
A. All required landscaping, irrigation systems, fences, walls, berms, vegetation and other landscape components shall be maintained by the owner or agent in a healthy, safe and operating condition.
B. Maintenance practices shall consist of all regular and normal maintenance operations of landscaping including, but not limited to, weeding, irrigation, fertilizing, pruning, mowing and litter pick-up. Plant material that exhibits severe levels of insect or pest infestation, disease and/or damage, shall be appropriately treated, and all dead plant material shall be removed and replaced with living plant material where required according to the city approved plan for the site.
C. Street right-of-way between a property line and curb or street pavement adjoining the property shall be maintained by the adjacent landowner.
D. It shall be the responsibility of the owner to maintain and properly irrigate all landscaping required by this section. Failure to replace dead or diseased plant material within thirty (30) days of written notification by the city shall constitute a violation of the zoning ordinance.
E. It shall be unlawful for any person to damage required landscaping through tree topping, over-pruning or chemical poisoning. It shall be an affirmative defense that a maintenance/pruning plan was approved by the City Manager or designee and that the work was performed in compliance with said approved plan. In the event that required landscaping has been so severely damaged due to tree topping, over-pruning or chemical poisoning that it has died, the developer/owner shall replace the landscaping within forty-five (45) days of written notice from the city.
See
§ 6.0618 Preferred Plant List. for a list of preferred plants.
