10.7.1 Responsibility. The responsibility for maintenance of a required buffer or other landscaping shall remain with the owner of the property, his or her successors, heirs, assignees, or any consenting grantee. Maintenance is required in order to ensure the proper functioning of the plantings as a landscaped area which reduces or eliminates nuisance and/or conflict.
10.7.2 Maintenance.
A. All plantings shall be maintained in an attractive and healthy condition. Maintenance shall include, but not be limited to, watering, mulching, fertilizing and pest management, mowing, weeding, removal of litter and dead plant material, and necessary pruning and trimming.
B. Necessary pruning and trimming shall be in accordance with the Tree Care Industry Association (TCIA) Standards for the Professional Arborist, and shall not be interpreted to include topping of trees through removal of crown material or the central leader, or any other similarly severe procedures that may cause irreparable harm to the natural form of the tree, except where such procedures are necessary to maintain public overhead utilities. Any such activity shall be a violation of these zoning regulations.
C. Dead or diseased plantings shall be removed. Unless specifically exempted (such as understory trees shaded by canopy trees), replacement plantings shall be provided for any required plants which die or are removed for any reason and shall meet all minimum standards and conform to these regulations.
D. Natural water courses within a buffer shall be maintained in a natural condition consistent with any applicable regulations.
E. A water source shall be supplied within 100 feet of any planting requiring continuing watering. Where non-native or non-drought tolerant native vegetation is incorporated in the buffer, an irrigation system shall be required.
F. Landscape structural features such as walls, fences, berms, or water features shall be maintained in a structurally safe and attractive condition.
G. Where other uses, including pedestrian, bike, or other trails, are allowed within a buffer, these uses shall be maintained to provide for their safe use.
70.7.3 Failure to maintain. In the event that any owner of a buffer area or vehicular use landscaping area fails to maintain same according to the standards of these regulations, these regulations shall be enforceable by the town with the right to recover the cost of enforcement, including reasonable attorney fees. The town may also, following reasonable notice and a demand that deficiency of maintenance be corrected, enter the buffer area to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the buffer area.
70.7.4 Hardship relief. Landscape requirements may be modified by the UDO Administrator upon a finding that a modification would be consistent with the purpose and intent of this Article, with any adopted land use plans, and that such modification would not adversely affect the land use compatibility or public interest.
(Ord. passed 2-3-2021)