(A) Installation time and permitted delays.
(1) Time limit. All landscaping, mulching, and seeding shall be completed in accordance with this section prior to issuance of a certificate of occupancy for the site.
(2) Requests for delay. Requests for a delay in complying with this section due to poor weather or planting conditions shall be considered in accordance with this section following a written request directed to the Zoning Administrator. Such request for a delay shall note the time frame during which the planting shall be completed.
(a) Extensions may be granted due to unusual environmental conditions such as drought, over saturated soil, or inappropriate planting, provided that the developer or the property owner provide the city with a performance guarantee in accordance with § 167.03, Performance Agreement, ensuring the installation of the remaining landscape materials. In such cases, the city may authorize Charleston County to issue a temporary certificate of occupancy for a period of 30 to 180 days, relative to the next planting season.
(b) Exceptions may be granted by the Zoning Administrator due to circumstances beyond the developer's or property owner's control, such as incomplete construction or utility work to occur in a proposed landscaped area within 30 days after expected site completion. Exceptions may be granted provided that the developer or property owner submits a letter from the utility company to the city stating the estimated installation date, and provides a performance guarantee in accordance with § 167.03, Performance Agreements, to ensure installation of the required landscaping. In such cases, the City of Folly Beach may authorize Charleston County to issue a temporary certificate of occupancy for a period not to exceed 30 days.
(B) Maintenance.
(1) Maintenance responsibility. The owner shall be responsible for the maintenance of all landscaping areas not in the public right-of-way. Such areas shall be maintained in accordance with the approved landscaping plan or alternative landscaping plan and shall present a healthy and orderly appearance free from refuse and debris. All plant life shown on an approved landscaping plan or alternative landscaping plan shall be replaced if it dies, is seriously damaged, or removed. All landscaping areas shall be maintained so as to prevent debris from washing onto streets and sidewalks.
(a) Damage due to natural occurrence. In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the owner or developer may be required to replant if the landscaping standards are not being met. The owner shall have one growing season to replace or replant. The Zoning Administrator shall consider the type and location of the landscape buffer or required vegetation area as well as the propensity for natural re-vegetation in making a determination on the extent of replanting requirements.
(b) Protection during operations. The owner or developer shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and drive intersections, obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails.
(c) Maintain shape. All required trees (whether canopy or understory) shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees that have been severely pruned, sheared, topped, or shaped as shrubs no longer serve the intended buffering or screening function and shall be considered as damaged vegetation in need of replacement in accordance with § 166.02-09(B)(1)(a), Damage Due to Natural Occurrence, and shall be replaced within one growing season.
(d) Natural death. The natural death of existing vegetation within any required landscaping area does not necessarily constitute a violation and would not require re-vegetation to replace the plant material unless the required landscaping area no longer achieves the required standards of this section. In no instance shall this provision be construed to prevent re-planting if, in the opinion of the Zoning Administrator, the required performance standard of the landscaping is not being met.
(2) Monitoring of compliance with landscaping standards.
(a) Inspections prior to certificate of occupancy. The Zoning Administrator shall inspect the site prior to the issuance of a certificate of occupancy for the development and such permit shall not be issued if the landscaping required under this section is not living or healthy or is not installed in accordance with the approved landscaping plan or alternative landscaping plan and the standards in this section.
(b) Inspections after first year. The Zoning Administrator may inspect the site each year after the issuance of a certificate of occupancy in order to ensure compliance with the approved landscaping plan or alternative landscaping plan and to ensure that the landscaping is properly maintained. Failure to maintain required landscape areas (trees and shrubs) in accordance with the standards of this section shall constitute a violation of this ZDO.
(3) Replacement of disturbed and damaged vegetation. The disturbance of any landscaping area or vegetation required by this ZDO shall constitute a violation of these provisions. All disturbed landscaping areas and vegetation shall be replanted to meet the standards of this section.
(Ord. 05-10, passed 3-23-10)