(a) Every owner or occupant of any land, lot or premises or a subdivision thereof abutting any alley, road or highway upon which new construction is planned to occur, shall be, at the time of application for a building permit, required to post a performance guarantee and landscaping inspection fee guaranteeing the installation and maintenance of trees, as specified in the Stow Master Street Tree Plan, within one year of the issuance of the occupancy permit which is required by the Building Code. All trees shall be planted according to the Urban Forestry Commission guidelines. The obligations set forth therein shall be nontransferable.
(b) No person shall plant any shade tree, shrubbery or other vegetative plantings in areas subject to the authority of the Commission without Commission review and recommendation. Any shade tree, shrubbery and other vegetative plantings, which have been planted without such recommendation and final City approval or designation having been first obtained, may be forthwith removed by the City upon written directive of the Commission.
(c) Landscaping and tree planting plans for public or private property, when required by this chapter or other sections of the Codified Ordinances shall be submitted for review and approval by the Commission which shall recommend the plan for approval or disapproval by the City. A final set of approved landscaping plans shall be a condition precedent for the City's final approval of projects which require the landscaping or the planting plans to be submitted.
(d) Every person required to install and maintain street trees or to secure an approved landscaping plan shall post a performance guarantee with the City in the amount of one hundred percent (100%) of the Commission's estimate of the cost for approved landscaping and tree lawn-planting proposals. Upon expiration of the performance period, the applicant shall post a maintenance guarantee, with good and sufficient surety, in the amount of ten percent (10%) of the amount of the performance guarantee for a one-year period to assure proper maintenance and survival of the trees, shrubbery or other vegetative plantings.
(e) The performance of required and approved landscaping and tree planting shall be inspected and approved by an agent designated by and under the administrative responsibilities of the City Service Director, as recommended by the Commission.
(f) Every person required to install and maintain street trees or to secure an approved landscaping plan shall pay a landscaping fee in accordance with the following schedule:
(1) Amount of performance.
Guarantee | Inspection Fee |
Under $1,000.00 | $ 15.00 |
1,000.00 - 4,999.99 | 35.00 |
5,000.00 - 9,999.99 | 50.00 |
10,000.00 - 19,999.99 | 65.00 |
20,000.00 - 29,999.99 | 80.00 |
30,000.00 - 49,999.99 | 95.00 |
50,000.00 and over | 120.00 |
(2) This fee shall cover the City's cost of the analysis and review of plans and the on-site inspection of the required plantings.
(1979 Code 32.59)
(g) Notwithstanding the provisions of subsections (a) or (d) hereof, every owner, occupant or person required to install and maintain street trees on single-family dwelling units or two-family dwelling units may be required, at the option of the City and in lieu of bonding, at the time they secure a building permit, to post a cash bond in the amount of one hundred seventy-five dollars ($175.00) per tree effective November 1, 1994 and effective July 1, 1996 the rate shall be two hundred dollars ($200.00) per street tree required, which sum the City shall use to purchase and install any and all street trees required by this section.
(Ord. 1994-269. Passed 9-22-94.)