§ 27.14. Compliance.

14.1

Warranty or maintenance surety. Upon final installation of new trees, shrubs or other landscape material planted to meet the requirements of this ordinance, and before acceptance by the county arborist, the owner shall either post a maintenance bond or letter of credit in an amount equal to 75 percent of the value of the new trees or landscape material and their installation, warranting the new trees, shrubs or landscape material for a period of no less than 15 months from approval of final plat or certificate of occupancy.

14.1.1

Inspection. The arborist shall perform an inspection of the plantings and landscape materials required by this ordinance prior to the end of the 15-month warranty period. The owner shall be provided written notice of any replacements or restoration that must be made to maintain compliance with this ordinance or conditions of zoning, special use, or variance approval as pertains to trees and landscaping.

Required landscape material found to be dead or near death shall be replaced prior to release of the warranty by the county. In no case shall replacement be delayed greater than 30 days from notification unless an additional performance bond is posted with the county.

14.2

Performance surety. In the event that new trees required to be planted as set forth herein, cannot be installed upon application for a certificate of occupancy or final plat approval as appropriate to the project, then at the discretion of the arborist, a performance bond or letter of credit in an amount equal to 130 percent of the value of the new trees or landscape material and their installation may be accepted in accordance with the performance bonding requirements and provisions of the county.

14.1.2

Compliance upon permit completion or expiration. Properties where a permit is issued to conduct land disturbing activities that do not require the issuance of a certificate of occupancy or the approval of a final plat, shall comply with the tree density standard of this ordinance as follows:

14.3

Clearing, clearing and grubbing, or grading only permits. A performance bond or letter of credit shall be posted with the county for the replacement units prior to the issuance of a land disturbance permit. The amount shall be equal to 130 percent of the value of the new trees or landscape material and their installation.

14.4

Continuing maintenance.

14.4.1

The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the perpetual maintenance and protection of buffers and landscape plantings required by this ordinance.

14.4.2

The county arborist is hereby authorized to order diseased, infested, dying, dead or damaged landscaping required herein to be replaced.

14.4.3

Replacement trees and landscaping shall be in accordance with the applicable provisions of this ordinance.

(Ord. No. 2008-Z-001, § 14, 1-15-08)