Agenda - Environmental Policy Board - 04/17/2023

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(o) Final Inspection: Prior to the issuance of a certificate of occupancy, the project developer, builder, or representative shall certify in writing to the City that all elements of the tree preservation plan and landscaping plan were completed. These must be confirmed by the City. However, the City may issue a certificate of occupancy prior to completion of landscaping in the following situations: 1. If winter weather will prevent healthy planting practices, a security shall be posted to ensure the remaining planting is accomplished and all planting must be installed by the 15th of June the following spring. 2. A certificate of occupancy may be issued by the City on residential lots prior to lawn seeding or sod, provided an escrow security is submitted sufficient to ensure that the work will be completed and the date of completion is specified. (p) Non-Compliance: If the City finds that the property is not in compliance with the approved landscaping plan or tree preservation plan, it shall inform the property owner or, if applicable, the homeowners association, regarding the non-compliance and describe, in writing, the steps needed to bring the property into compliance within a reasonable timeframe, not to exceed 60 calendar days. (q) Performance Security: The City may require performance security to ensure compliance with the requirements of this chapter. 1. The performance security shall extend for two (2) years from the date of planting. The form of the security(cash, letter of credit, or other form) shall be determined by the City. 2. If after notification of non-compliance the property owner or, if applicable, the homeowners association, fails to achieve the compliance within 60 calendar days, the City may exercise its authority to use the performance security to address compliance. (18) Fences and Retaining Walls. Fences and retaining walls shall be permitted in all required yards subject to the following conditions: (a) Permit Required. It is unlawful for any person to construct a fence or retaining wall without first making an application for and securing a permit. (b) Certificate of Survey. An application for a fence or retaining wall permit shall be accompanied by a current certificate of survey providing exact lot dimensions; the location of existing buildings, structures, and easements on the lot; and the location of the proposed fence or retaining wall. At the discretion of the City, a final plat detail or aerial map of the lot with the required information shown may suffice if no certificate of survey is available. Applicant shall be required to physically identify the property corners for City inspection. 117