(a) When an application for a building permit is made, the Building Commissioner shall determine if the buffering requirement might be applicable. If he or she determines that the request comes under the buffering requirement, the Building Commissioner shall so advise the applicant and shall submit a request to the Planning Commission that the matter be reviewed once the applicant has furnished the Commission with the following:
(1) A copy of the site plan;
(2) The topography of the building site and surrounding area; and
(3) A complete description of the area to be constructed or modified.
(b) The applicant shall provide the Planning Commission with a detailed description and sketch of the landscape buffer, preferably prepared by a landscaping expert, which visually and verbally outlines the nature and the effect other proposed landscape buffer.
(c) The Planning Commission may request photographs or other descriptive data if the Commission deems such data necessary.
(d) The Planning Commission shall notify all owners by regular mail immediately adjacent to the property in question prior to any meeting at which the landscape buffering requirement will appear on the agenda.
(e) A certificate of occupancy shall not be granted until buffering requirements have been completed or until a performance bond has been posted. The amount of the performance bond shall be determined by an estimate by a landscape contractor and confirmation by the City Engineer and the Building Commissioner. If compliance is delayed because of the growth season, a cash bond, in an amount to be determined by the City Engineer, shall be posted to ensure the compliance by the next growing season. Such delay should not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.
(f) Where buffering is required, a building permit shall not be issued by the Building Commissioner until an agreement has been reached between the applicant and the City as to the buffering requirement. The agreement between the City and the owner and/or developer shall include, among other requirements, provisions for the following:
(1) Maintenance of the landscape buffer on the part of the applicant;
(2) Replacement procedures for any portion of the landscape buffer that is for any reason no longer viable;
(3) Replacement of the landscape buffer involving plant material that does not extend beyond the next growing season;
(4) Replacement of landscape material such as fences; and
(5) Replacement of landscape material within sixty days from the date of notification by the Building Commissioner of noncompliance.
(g) All information pertaining to procedures shall be in writing and retained by the Building Commissioner.
(Ord. 1982-129. Passed 3-16-83.)