Secondary and Cumulative Impacts Master Management Plan - 2014

Article 5: Development Standards Section 5.12. Landscaping 5.12.3. General Landscaping Standards

Compliance/Occupancy unless the Planning Director allows delayed installation in accordance with subsection 2 below. Allowance of Deferred Installation 429 a. The Planning Director may, for good cause shown, allow installation of required landscaping to be deferred until after issuance of a Certificate of Compliance/Occupancy. Circumstances that may warrant an extension include, but are not limited to, the following:

2.

(1) Unusual environmental conditions, such as drought, hurricanes, or over-saturated soil;

(2) The inappropriateness of the current season for planting the approved plant species; or

(3) Utility work occurring in a proposed landscaped area that is incomplete or delayed.

b. Any allowance of deferred installation shall be conditioned on the required landscaping being installed as soon as practicable after the circumstances warranting deferral cease to exist, but no later than six months after such time, and the provision of a performance guarantee ensuring such installation in accordance with Section 8.1.3, Performance Guarantees. G. Maintenance of Required Landscaping 430 1. The owner shall be responsible for maintaining, in perpetuity, all required landscape areas and landscaping materials (including berms, walls, and fences as well as vegetation) in accordance with the approved landscape plan or alternative landscape plan and the standards of this section. 2. Required vegetation shall be maintained in a healthy condition and landscape areas shall be kept in an orderly appearance, free from refuse and debris. 3. All required vegetation shall be maintained in their characteristic natural shape and shall not be severely pruned or sheared. Trees shall not be topped or shaped as shrubs. Vegetation that has been severely pruned, sheared, topped, or shaped shall be considered damaged and shall be replaced with healthy comparable plant material. 4. Actions shall be taken to protect required landscaping materials from unnecessary damage during all facility and site maintenance operations. 5. Landscaping materials shall be maintained in a way that does not obstruct sight visibility within intersection sight distance areas (see Section 5.8.6.F, Intersection Sight Distance Areas), obstruct traffic signs or devices, or interfere with the use of bikeways and walkways. 6. Landscaping shall comply with Building Code restrictions on placing or storing combustible materials near buildings. 7. If landscaping materials used to meet the requirements of this section die, are seriously damaged, or are removed, they shall be replaced with comparable landscaping materials meeting the standards of this section within the next six months—or within the next year if the death, damage, or removal of the landscaping materials was due to an unusual weather occurrence or other act of nature (e.g., tornado, hurricane). In determining the extent of replacement required, the 429 Part C, Art. IX, Sec. 4.3 of the current Zoning Ordinance authorizes the Planning Director to allow deferral of required landscape planting for up to three months after issuance of a temporary Certificate of Occupancy ―where conditions do not permit immediate planting,‖ provided a certified check or letter of credit guaranteeing the planting is provided. The section goes on to describe the required amount, procedure, and ramifications of such a guarantee. This subsection replaces that with standards that provide examples of circumstances warranting deferral, are more flexible about the length of deferral (which in many cases, should be until the next growing season), and referencing the performance guarantee regulations in Article 8: Performance and Maintenance. 430 This expands those provisions in Part C, Art. IX, Sec. 4.5 (Maintenance of Landscaping) that actually apply to landscaping maintenance, expanding them to require maintenance to avoid sight triangle obstructions

Morrisville, NC

June 2013 Page 5-123

Unified Development Ordinance - Public Hearing Draft