(a) Any person seeking a zoning certificate, a variance, a conditional use permit, subdivision plat approval, development plan approval or site plan approval, shall file with his application a landscaping plan prepared by a registered professional, which, by plot plan and description shall include:
(1) The present location and size of all major trees, with a designation of major trees sought to be removed. In the case of a heavily wooded site, a recent aerial photo, or other format acceptable to the Zoning Officer, delineating the existing canopy coverage and the canopy coverage to be removed may be required in lieu of the above.
(2) The location, size and description of landscaping materials proposed to be placed on the lot in order to comply with this chapter.
(3) The location and size of any structures presently on the lot, and those proposed to be placed on the lot.
(4) The proposed location and description of screening proposed to be placed on the lot in order to comply with this chapter.
(b) The Planning Commission shall consider a landscape plan as part of its review of any conditional use permit, subdivision plat, development plan or site plan application. The Board of Zoning Appeals shall consider a landscape plan as part of the action on a variance application.
(c) The Zoning Officer shall either approve or disapprove all landscaping plans submitted as part of a Zoning Certificate application within 30 days of their filing. On reviewing the application and receiving suggestions or recommendations from the Zoning Officer, the applicant may agree to modify his application including the plans and specifications submitted. The Zoning Certificate will not be issued until plans reflecting the agreed upon changes are submitted to the Zoning Officer. An applicant may appeal a decision of the Zoning Officer disapproving his landscaping plan to the Board of Zoning Appeals. Notice of appeal must be filed with the Zoning Officer within 15 days after the decision of the Zoning Officer is mailed to the applicant at the address listed on his application.
(d) No variance, zoning certificate, development plan approval, site plan approval or conditional use permit shall be granted or issued until final approval of the landscaping plan.
(e) Zoning Certificate. No Zoning Certificate shall be issued until the installation of the landscaping as shown on the approved plan is complete and accepted by the Zoning Enforcement Officer unless a performance bond, cash bond or irrevocable letter of credit is posted at the time the Zoning Certificate is issued.
(1) Posting of bond or letter of credit. The bond or letter of credit shall be in an amount equal to one hundred percent (100%) of the estimated cost of landscaping and installation as specified in the approved landscape plan and in a form acceptable to the City. The property owner shall provide the landscape contract for completion of the approved landscaping plan, upon which the required amount of bond or letter of credit shall be based.
(2) The bond or letter of credit shall remain in effect until such time as the installation of the landscaping is completed and has been determined by the City to be in accordance with the final approved landscaping plan.
(3) Forfeiture proceedings shall be brought against the bond or letter of credit if the required landscaping has not been installed within six (6) months of the approval of the zoning certificate.
In the event of failure to install the required landscaping, written notice shall be served upon the holder of the performance guarantee. Such notice shall state that the failure to install the landscaping as required shall result in the forfeiture of the performance guarantee and that such failure shall be deemed an implied consent for the City to cause said landscape to be installed.
(Ord. 02-55(A). Passed 3-4-03.)