All landscaping shall be installed prior to a certificate of occupancy or approval of the final subdivision plat, except that the property owner/developer may request to delay the installation of landscaping, for a site plan, preliminary major subdivision or phased developments. (1) Written Request . The property owner/developer shall submit a request in writing asking for the delay of landscaping on an approved development site based on the circumstances in accordance with Article O Landscaping & Tree Protection Standards of the Land Development Ordinance. (2) Cost Estimate . The amount of the performance guarantee shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion at the time the performance guarantee is issued. The estimate shall be provided by the developer. The reasonably estimated cost of completion shall include one hundred percent (100%) of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional twenty-five percent (25%) allowed under this subdivision includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed one hundred twenty-five percent (125%) of
the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.
(3) Approval . The Planning Director or their designee shall review the cost estimate and determine if it is justified. If it is found to be justifiable, the Town Manager or their designee shall provide written approval with or without conditions, or if the estimate is denied, shall respond in writing as to why it was denied. (4) Temporary Certificate of Occupancy . If the Town Board of Commissioners approves the request for delay the property owner/developer may obtain a temporary certificate of occupancy for a set number of days in order to complete the landscaping requirements. (5) Recordation . The recordation of a preliminary major subdivision plat may occur prior to required landscaping being installed, however a certificate of occupancy for any lot shall not be issued until such time as the landscaping has been installed, inspected and approved.
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