Laserfiche WebLink
i) Except as provided in Subsection ii, the maintenance of all <br /> landscaping and street trees located on any lot within a proposed <br /> project shall be the responsibility and expense of the applicant, <br /> developer, builder or property owner until such time as a <br /> certificate of occupancy is issued for the lot and sold to a <br /> homeowner, then said maintenance responsibility shall transfer to <br /> the homeowner. A restrictive covenant to be recorded with the <br /> County Auditor shall be filed by the applicant for the City's <br /> review and approval at such time that final subdivision or short <br /> subdivision approval is requested specifying the homeowners <br /> maintenance responsibilities as provided herein. <br /> ii) The maintenance of all common landscaped areas within a <br /> proposed project shall be the responsibility of the applicant, <br /> developer, builder or property owner until such time as certificate <br /> of occupancy permits are issued for all of the lots within the <br /> proposed project and such lots are sold to homeowners, then said <br /> maintenance responsibility shall transfer to the homeowners. To <br /> effectuate the transfer, a maintenance program ensuring the long- <br /> term viability and maintenance of the vegetation shall be prepared <br /> and presented to the City for the City's review and approval. A <br /> restrictive covenant to be recorded with the County Auditor shall <br /> be filed by the applicant for the City's review and approval at <br /> such time that final subdivision or short subdivision approval is <br /> requested specifying the homeowners maintenance responsibilities <br /> as provided herein. <br /> m) Modification of Landscaping Requirements: The Director may reduce <br /> the width of the buffer or required plantings or waive some or all of the <br /> landscaping requirements of this Subsection in the following instances in <br /> accordance with the review process required for the underlying project: <br /> i) When the inclusion of existing vegetation on the site would result <br /> in landscaping equivalent to or better than the requirements of <br /> this Subsection in achieving the intent of the required <br /> landscaping. <br /> ii) When existing conditions on or adjacent to the site including, but <br /> not limited to, difference in elevation, existing vegetation, <br /> location of buildings or utilities would render the requirements of <br /> this Subsection ineffective. <br /> iii) When the applicant proposes an alternative method of landscaping <br /> that would achieve the intent and purpose of the landscaping <br /> required by this Subsection through the use of native vegetation, <br /> preservation of existing trees, and preservation of <br /> Environmentally Sensitive Areas. <br /> 57 <br />