(A) Landscaping.
(1) All exposed ground areas within the subdivision, including street rights-of-way, which are not devoted to drives, sidewalks, patios or other uses, shall be landscaped, with the exception of undisturbed areas containing existing viable natural vegetation. All landscaped areas shall be kept neat, clean and uncluttered.
(2) Landscaping shall include:
(a) Tree planting at the rate of at least one tree per 5,000 square feet of the gross area of the subdivision. Existing trees retained during development of the land can be counted towards fulfilling this requirement; and
(b) Combination of trees or shrub planting. Ten shrubs count as one tree. A maximum of 25% of the landscaping requirement may be in the form of shrubs.
(B) Erosion control. All disturbed areas must be sodded or seeded. Appropriate ground cover is required in all disturbed areas to control erosion. The developer shall submit an erosion control plan for review by the City Engineer as part of the preliminary plat review process.
(C) Landscaping trees. Required landscaping trees must be mixed between lots and boulevard. All trees required for landscaping shall be at least one and one-half inch caliper at four feet above ground level; conifers shall be at least three feet in height. Landscaping trees shall be indigenous to the area. All deciduous trees shall be long-lived hardwood species. It is the responsibility of the developer to ensure to the longevity and maintenance of all plantings. If any plantings die within a year of construction, the owner shall replace the plantings.
(D) Screening. All commercial or industrial uses which are situated within 75 feet of a residential district shall be screened by the developer of the commercial or industrial property from the district by a wall or fence of not less than 100% opacity and up to ten feet in height. The wall or fence shall be set back from the property line at least five feet. In the setback area shall be planted a combination of coniferous and deciduous plants, in order to soften the appearance of the fence or wall for the affected residential area. Walls or fences of less height or planting screens may be permitted by the City Commission if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will adequately promote and protect the use and enjoyment of the residential properties.
(E) Escrow deposits for lot improvements.
(1) Acceptance of escrow funds. Whenever, because of the season of the year, any lot improvements required by the subdivision regulations cannot be performed, the City Administrator may issue a certificate of occupancy, provided there is no danger to health, safety or general welfare upon accepting a cash escrow deposit in an amount to be determined by the Local Government Engineer for the cost of the lot improvements. The subdivision improvement agreement and security covering the lot improvements shall remain in full force and effect.
(2) Procedures on escrow funds. All required improvements for which escrow monies have been accepted by the City Administrator at the time of issuance of a certificate of occupancy shall be installed by the subdivider within nine months from the date of deposit and issuance of the certificate of occupancy. If the improvements have not been properly installed at the end of the time period, the City Administrator shall give two weeks written notice to the developer requiring it to install the improvements and, if they are not then installed properly, the City Administrator may request the governing body to proceed to contract out the work for the installation of the necessary improvements in a sum not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of occupancy for which escrow monies are being deposited with the City Administrator, the developer shall obtain and file with the City Administrator, prior to obtaining the certificate of occupancy, a notarized statement from the purchaser or purchasers of the premises authorizing the City Administrator to install the improvements at the end of the nine-month period if the improvements have not been duly installed by the subdivider.
(Ord. 66, passed 10-12-1999)