Land Development Ordinance - Amended 9-2-2025

material substitutions shall be marked on the approved original landscaping plan and submitted to the Planning Department for signature, date and staff approval.

D. Unanticipated Circumstances . An adjustment may be granted due to circumstances beyond the property owner’s/developer’s control, including but not limited to incomplete site construction or utility work which prevents landscaping in certain areas of the site, for the preliminary subdivision plat or phased development, and such work will take more than 30 days to complete. In such case, the property owner/developer shall submit a letter from the general contractor or utility contractor stating the anticipated completion date. The property owner/developer shall also provide a surety, in accordance with this subsection. The Planning Director may issue a temporary Certificate of Occupancy for a period not to exceed 90 days.

(2) Procedure for Delay of Installation. Refer to Article Q Procedures & Administration for the process required for landscaping delay of installation.

§9-1707 MAINTENANCE RESPONSIBILITY

The property owner/developer, their agent, heirs or assigns shall provide for continuous and perpetual maintenance of the landscaped areas after occupancy of the building or lot. Failure to correct deficiencies in a timely manner or comply with the provisions of this Article shall result in a violation of the Land Development Ordinance and further legal action will be administered in conformance with Article R Violations, Penalties & Legal Provisions.

a. Routine Maintenance

It shall be the responsibility of the property owner(s), their agent, heirs or assigns to perform the following routine maintenance in order to provide all landscaping in a healthy and thriving environment: (1) Fertilizer . All grass and vegetation shall be lightly fertilized at the appropriate time and quantity during the year to avoid fertilizer pollution to groundwater, streams and ponds and avoid grass burns from excessive fertilizing. (2) Exposed Ground Prohibited . No disturbed landscape area shall be left exposed. Turf grass and/or other approved groundcovers or mulch shall cover all non-paved and non-built-upon areas.

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