A. Installation:
1. Required landscaping must be installed in accordance with an approved landscape plan.
2. All trees and plant material must be installed in accordance with sound nursery practices, in a manner designed to encourage vigorous growth.
3. All newly installed trees must be staked.
4. Trees and plant material suitable for planting must be balled and burlapped or container grown. Planting areas should be at least twice the diameter of the root system or the container.
5. All landscaped areas that are adjacent to pavement must be protected with curbs or equivalent barriers. Flush curbs, curb cuts, or other methods must be used to direct stormwater to landscape areas that abut paved areas.
6. Landscaping may not obstruct traffic visibility at street intersections or driveways.
7. The City is not liable for any damage to above-ground or below-ground improvements or landscaping within the public right- of-way, even when such damage or destruction is the direct result of government action. When landscaping is placed or installed within the public right-of-way, the City has no obligation to replace or repair such landscaping if removed or damaged by City field operations or other governmental functions. The City also has no obligation to maintain above ground or below ground improvements or landscaping within the public right-of-way.
B. Protection: All landscape areas provided to meet the requirements of this UDO must be protected from potential damage by adjacent uses and development, including parking and storage areas.
C. Irrigation:
1. All required landscaped areas must be provided with irrigation in accordance with one of the following options:
a. A permanent irrigation system with a controller to tailor watering schedules to weather and site conditions; or
b. A temporary irrigation system that provides sufficient water to ensure that all trees and plants will become established.
2. Irrigation systems must comply with all applicable Building and Plumbing Codes.
D. Timing Of Installation:
1. All required landscaping and appurtenances, except trees, must be installed prior to the issuance of a certificate of occupancy.
2. All required trees must be installed within one hundred twenty (120) days after issuance of a certificate of occupancy or temporary certificate of occupancy.
E. Maintenance:
1. Required landscaping and screening must be continuously maintained, including necessary watering; weeding; pruning; pest control; litter and debris clean-up; and replacement of dead, diseased or damaged plant material.
2. Failure to comply with an approved landscaping plan, including failure to maintain required landscaping and screening and failure to replace dead, diseased or damaged landscaping, constitutes a violation of this UDO and is subject to penalties and enforcement under chapter 18 of this title.
3. The property owner is responsible for maintenance of trees and landscaping in accordance with the approved landscape plan and the regulations of this UDO. Any dead, diseased or damaged trees, landscaping or screening materials must be removed and replaced by the property owner within ninety (90) days of date that written notice of the obligation to remove and replace required landscaping is issued by the City. Property owners have no obligation to replace or restore required landscaping that is damaged or destroyed as a direct result of government action or lawful action of a franchise utility provider. (Ord. 2018-16, 12-4-2018)