Land Development Ordinance - Amended 4-2-2024

Director or his/her designee may issue a temporary Certificate of Occupancy for a period of 30 up to but not exceeding 120 days. The length of time of the temporary Certificate of Occupancy shall be based on the amount of plant material remaining to be ins talled and recommendations by Town’s Planning Department and the Engineering Department. C. Unavailable Plant Material . Adjustments may be granted due to the substitution or unavailability of plant species or acceptable plant sizes as specified on the site plan, preliminary subdivision plat or phased development. Up to a maximum of 20% of the required plant material to be installed on the lot or parcel of land may be delayed and a surety provided, in accordance with this subsection. The Planning Director or his/her designee may issue a temporary Certificate of Occupancy for a period of 30 up to but not exceeding 120 days, or to the next planting season whichever is less. All plant 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 or his/her designee 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.

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