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(a) Certificate of Completion for Non-Residential, Attached Single-Family and Multi-Family.
(1) Final Inspection. The Zoning Administrator shall make a final inspection of trees and landscaping for completeness prior to issuance of the certificate of completion. The installed plantings shall match the approved plan.
(2) Tree and Landscape Performance Bond.
A. In the event of continued construction, weather, plant availability or other delay, approved by the Zoning Administrator, which reasonably prevents the installation of all or a portion of the required landscaping, the owner shall post a performance bond to assure completion. The bond shall be equal to one hundred twenty-five percent (125%) of the approved estimate for tree and/or landscape installation which cannot be planted. The bond shall be posted with the City of Lorain. A deadline for completion of work shall be scheduled with the city but in no case shall be more than six (6) months from the date a certificate of completion is issued for the project.
B. The Zoning Administrator shall make a final inspection of the trees and landscaping at the scheduled completion of work. If work has been completed, the tree and landscape performance bond shall be refunded. If the landscaping is not complete at the scheduled deadline, the performance bond shall be withheld based upon the amount of work incomplete and the city, at its sole discretion, may cause the work to be completed and paid for with the bond.
(b) Common Areas Regulated.
(1) From the effective date of this Ordinance, all trees required by this chapter to be planted, preserved or protected in all common areas or other public facilities in every development subject to the provisions of this chapter shall be maintained for a period of three (3) years after the date of certification of completion by the developer, property owners association, owner or similar entity holding title to those properties.
(2) Responsibility for that maintenance shall commence on the date the improvements required by this chapter are certified as completed and continue, as provided above, for a period of three (3) years.
(3) The initial responsibility of such maintenance shall be upon the developer, and shall remain upon the developer until the sooner of the time that the developer passes legal title to the owner or a property owner's association, or similar association, or the end of the maintenance period, whichever occurs first. However, if the developer retains any control, including voting control, in or over the association, the developer's maintenance responsibility shall continue until the developer fully surrenders such control to the association or the end of the maintenance period, whichever occurs first.
(4) Should the developer both pass the legal title to the common areas and surrender control of any property owner's or similar association prior to the end of the maintenance period, as provided in subsection (c) above, the owner or property owner's or similar association, as the case may be, shall assume full responsibility for the maintenance of the improvements on the common areas for the entire balance of the maintenance period.
(5) Every developer responsible for any maintenance under this chapter shall, on or before December 31 of each calendar year, file with the Zoning Administrator, a statement for each development, setting out the ownership status of the common areas of such development, and for those developments where a property owner's association, or similar association, is to hold title to the common areas. The statement shall declare, under penalty of perjury, that the developer has or has not surrendered control, including voting control, of such association.
(Ord. 4-21. Passed 1-4-21.)