(a) No occupancy permit shall be issued until the installation of the landscaping as shown on the approved plan is complete and accepted by the Zoning Administrator unless a performance bond, cash bond or irrevocable letter of credit is posted at the time the zoning certificate is issued.
(b) Posting of Bond or Letter of Credit.
(1) The bond or letter of credit shall be in an amount equal to one hundred percent (100%) of the estimated cost of landscaping and installation as specified in the approved landscape plan and in a form acceptable to the Village. The property owner shall provide a landscape quote or estimate for completion of the approved plan for the landscaping, upon which the required amount of bond or letter of credit shall be based. The Zoning Administrator shall have the authority to demand a bond for more than the quote or estimate if, in the Zoning Administrator's opinion, the quote or estimate could be insufficient to complete the work at a later date.
(2) The bond or letter of credit shall remain in effect until such time as the installation of the landscaping is completed and has been determined by the Village to be in accordance with the final approved landscaping plan.
(3) Forfeiture proceedings shall be brought against the bond or letter of credit if the required landscaping has not been installed within six months of the approval of the zoning certificate.
(4) In the event of failure to install the required landscaping, written notice shall be served upon the holder of the performance guarantee. Such notice shall state that the failure to install the landscaping as required shall result in the forfeiture of the performance guarantee and that such failure shall be deemed an implied consent for the Village to cause said landscape to be installed at the cost of the forfeiture of the performance bond. Additional costs to complete installation shall become a lien on the property in accordance with state law.
(Ord. 2023-16. Passed 6-5-23.)