It is recognized that land development occurs continuously and that vegetation used in buffers should be planted at certain times of the year to ensure the best chance of survival. In order to ensure compliance with this subchapter and to reduce the potential expense of replacing buffering, landscaping, or screening materials which were installed in an untimely or improper fashion, a letter of compliance must be filed with the Land Use Administrator at the time of development plan review. A letter of compliance will allow the issuance of a conditional certificate of occupancy. This letter will acknowledge that the applicant for a certificate of development plan is aware of any buffer, landscaping or screening requirements which may apply to his or her property and that he or she will comply with those requirements by a specific date, generally to be within the next planting season, but in no case more than one year after the completion of construction of that portion of the project or building for which the certificate was issued. In no event shall a final certificate of occupancy be issued prior to emplacement and approval of the required buffer, landscaping, or screening. Failure to comply with the provisions of this section within the time noted in the letter of compliance will be a violation of this chapter.
(Ord. passed 10-1-07)