18A.70.190 Performance assurance.
A. Landscape Installation.
1. All required landscaping shall be installed prior to issuance of a certificate of occupancy (CO) or final inspection; excluding street trees within plats which may use a surety device to guarantee their installation.
2. A CO may be issued prior to completion of required landscaping provided the following criteria are met:
a. An applicant or property owner files a written request with the Department five (5) days prior to the CO inspection; and
b. The request explains what factors are beyond the applicant’s control or which create a significant hardship to prevent the installation of landscape prior to the issuance of a CO; and
c. The applicant or property owner has demonstrated a good faith effort to install all required landscaping; and
d. Provided requirements listed in subsections (A)(2)(a) through (A)(2)(c) of this section are met, a performance assurance must be posted with the City in a form listed in subsections (B), (C), and (D) of this section.
3. The time extension to complete all landscaping may not exceed one hundred eighty (180) days after issuance of a certificate of occupancy.
4. Failure to complete the installation of required landscape within one hundred eighty (180) days after the CO is issued shall constitute a violation of the zoning ordinance.
B. Performance assurance devices shall be in the amount of one hundred fifty (150) percent of the estimated cost of the required landscaping and shall take the form of one of the following:
1. A surety bond in a form approved by the City Attorney executed by a surety company authorized to transact business in the state;
2. Cash;
3. Assigned letter of credit or savings pursuant to an agreement approved by the City Attorney.
C. If a performance assurance device is employed, the developer/property owner shall provide the City with a nonrevocable notarized agreement granting the City and its agents the right to enter the property and perform any required work remaining undone at the expiration of the assurance device.
D. If the developer/property owner fails to carry out provisions of the agreement and the City has unreimbursed costs or expenses resulting from such failure, the City shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds the cost and expense incurred by the City, the remainder shall be released. If the amount of the bond or cash deposit is less than the cost and expense incurred by the City, the developer shall be liable to the City for the difference. [Ord. 726 § 2 (Exh. B), 2019.]