A. Installation: All landscaping shall be installed according to sound nursery practices in a manner designed to encourage vigorous growth. Sites for plant material shall be prepared or improved in accordance with American Association Of Nurserymen standards for soil preparation and drainage. Friable soil shall be provided in all planting areas, and subsurface drainage shall be provided where berms, elevated areas, or other suitable means for providing proper drainage do not exist. All shrubs shall be of a species that is hardy to the USDA zone 5 restrictions.
B. Timing Of Installation: Required trees, shrubs, and sod shall be installed on each lot prior to the issuance of a certificate of occupancy for that lot. The county may issue a temporary certificate of occupancy during winter months, and a final certificate of occupancy when weather permits.
C. Maintenance And Replacement: Required trees, shrubs, structures, and other landscape features shall be considered as elements of the project in the same manner as parking, building materials, and other details are elements of the plan. The landowner or successors in interest shall be jointly and severally responsible for the following:
1. All landscaping shall be maintained in good condition and in a way that presents a healthy, neat, and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds, and litter. Maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching, or other maintenance, as needed. All maintenance shall be performed in accordance with acceptable horticultural practices.
2. The repair or replacement of required landscape structures (fences, etc.) to be in structurally sound condition.
3. The regular maintenance, repair, or replacement, where necessary, of any landscaping required by this section; and
4. Continuous maintenance of the site as a whole.
5. The land use department shall be authorized to require assurance of continued landscape performance and/or maintenance in the form of a condition, covenant, contract, development agreement, or performance/maintenance assurance to assure installation and, for a minimum two (2) year period, the continued maintenance of landscape improvements associated with a development. The amount of the performance assurance shall be at least one hundred twenty percent (120%) of the estimated cost of the required landscape improvements. The maintenance assurance shall be equal to at least ten percent (10%) of the performance assurance.
D. Mechanisms Of Providing Guarantees: Performance and maintenance guarantees shall be provided by one or more of the following means. The form and details of the guarantees to be provided shall be as required by the county board and approved by the state's attorney.
1. Surety Bond: The applicant shall obtain a security bond from a surety bonding company authorized to do business in Illinois.
2. Letter Of Credit: The applicant shall provide an irrevocable letter of credit from a bank or other reputable institution.
3. Escrow Account: The applicant shall deposit cash, or other instruments readily convertible into cash at face value, either with the county or in escrow with a bank.
4. Subdivision Improvement Agreement: The applicant shall provide as a guarantee a subdivision improvement agreement between the applicant, lender, and county. (Ord. 10-001, 1-12-2010)