Chapter 18.36
LANDSCAPING AND SCREENING Revised 10/17

18.36.000    Chapter Contents

Sections:

18.36.020    Purpose

18.36.040    Applicability Revised 10/17

18.36.060    General requirements

18.36.080    Landscape plan requirements

18.36.100    Alternative landscape plans

18.36.120    Conflicting requirements

18.36.140    Residential landscape requirements

18.36.160    Commercial landscape requirements

18.36.180    Parking lot landscape and screening

18.36.190    Landscape Requirements for Antennas and Wireless Communications Facilities

18.36.200    Performance assurance

18.36.220    Maintenance

(Ord. 7027 §28, 2016; Ord. 6395 §15, 2006).

18.36.020 Purpose

The purpose of this chapter is to establish standards for landscaping and screening; to maintain or replace existing vegetation, provide physical and visual buffers between differing land uses, provide opportunities for stormwater management, lessen and improve environmental and aesthetic impacts of development and to enhance the overall appearance of the City. Notwithstanding any other provision of this chapter, trees and shrubs planted pursuant to the provisions of this chapter shall be of types and ultimate sizes at maturity that will not impair the scenic vistas protected within Chapter 18.50.100, Design Review, nor interfere with power lines, underground utilities or impervious surface.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

18.36.040 Applicability Revised 10/17

This chapter shall apply to all development applications in the city, with the exception of individual single-family residential lots and development containing four (4) or less attached dwelling units. All changes in the use of a property or remodel of a structure that requires improvements equal to or greater than fifty (50) percent of the assessed property valuation shall comply with the requirements of this Chapter. See Design Review, Chapter 18.100 and Individual Commercial Landscape Design District Requirements.

(Ord. 7094 §10, 2017; Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

18.36.060 General requirements

A.    Existing Trees, Soils, and Associated Vegetation.

1.    The applicant will be required to retain existing trees, soils, and associated vegetation pursuant to the City’s Tree Soil, and Native Vegetation Protection and Replacement Chapter, OMC 16.60. This may require site design modifications including, but not limited to: relocating buildings and other site improvements, additional perimeter setback, changes in the size and locations of parking lot islands, etc.

2.    Where existing trees and associated vegetation serve the same or similar function to the required landscaping, they shall have priority over and may substitute for the required landscaping, provided the following conditions are met:

a.    The trees must be healthy and not constitute a hazard as determined by a qualified professional forester pursuant to OMC 16.60. Trees must be appropriate for the site at mature size.

b.    A Soil and Vegetation Plan must be developed, by a qualified professional forester pursuant to OMC 16.60.

c.    The Soil and Vegetation Plan must be approved by the City of Olympia.

d.    Supplemental landscaping is provided within or adjacent to these areas, as necessary, to accomplish the specific intent and purpose of this chapter.

3.    All portions of the site not proposed for building, other site improvements and required landscaping, shall be retained in a predeveloped, uncompacted, forested and vegetative condition and may be required to be designated and noted on the final plat or approved site plan as a Soil and Vegetation Protection Area. The approval authority may require mitigation in these areas to improve the existing soil and vegetation.

B.    Coverage. All planting areas shall have plant materials that provide eighty (80) percent coverage within three years.

C.    Irrigation.

1.    Irrigation, if used, shall be temporary for the purposes of plant establishment.

2.    All irrigation systems shall be adequate to ensure survival of all retained and new plants and may be equipped with a controller capable of dual or multiple programming. Controllers must have multiple start capability and flexible calendar programming. They must also allow for at least seven day timing cycles. Timers should be set to water during evening hours after sundown.

3.    Irrigation systems shall be designed and operated to minimize runoff and overspray to non-irrigated areas.

4.    The water schedule for each circuit identified on the approved landscape plan must be posted inside the corresponding controller.

D.    Groundcover/Turf.

1.    Ground cover shall be planted and spaced in a triangular pattern which will result in coverage of eighty (80) percent in three (3) years. The mature size of shrubs and trees whose canopy is no more than two (2) feet above the ground may be included in total ground cover calculations.

2.    Lawn is prohibited in parking lots unless needed and approved for stormwater conveyance. Grass species, if used as groundcover, shall be appropriate for the location, use, and size of area. (See Suitability below.)

E.    Suitability and Vegetation.

1.    The vegetation selected for the landscape plan shall be suited to the climate, location, and physical conditions of the site so it can be reasonably expected to survive. Trees shall be selected and located to minimize the potential for interfering with or damaging power lines, underground utilities, or impervious surfaces. Trees shall be selected for their compatibility with the site design at their mature size. Trees shall be selected and located to minimize potential damage to structures and injuries to people.

2.    All developments shall use native vegetation, or vegetation that is well-adapted and drought-tolerant where conditions and location support their survival.

3.    The Department will maintain a list of Prohibited Landscape Plants. Plants on this list will have characteristics that despite being well-adapted to site conditions, make them invasive, subject to disease, likely to damage infrastructure, or otherwise cause future management issues. This list will be periodically reviewed and updated by the Department.

F.    Mulch/Soil.

1.    To reduce erosion, minimize evaporation, provide for weed control and to enhance growing conditions, all areas to be planted shall be mulched approximately four (4) inches deep with composted or other approved organic material.

2.    Existing soil types shall be identified on landscape plans and in the Soil and Vegetation Plan. Soils that are found to be inadequate to provide for the long-term health of proposed landscaping shall be amended up to twenty-four (24) inches deep with soil amendments such as bio-solids or other material as deemed necessary by the approval authority.

G.    Trees.

1.    Trees. Trees size and quality shall comply with standards delineated in the Urban Forestry Manual.

2.    Tree Distribution. Trees in Soil and Vegetation Protection Areas shall be comprised of at least 60% evergreen species, unless site conditions are not suitable as determined by the Urban Forester.

3.    Street Trees. Street trees will be required as part of frontage improvements pursuant to City of Olympia Engineering Design and Development Standards. The species and spacing of required trees will be approved by the City of Olympia’s Urban Forester, or designee, consistent with the provisions of OMC 16.60 and this Chapter.

H.    Clear Sight Triangle. Fences and landscape plants at maturity shall not exceed two and a half (2.5) feet in height within a clear sight triangle for traffic safety. (See 18.40.060(C) for triangle dimensions.)

I.    Waste Containers, Mechanical Equipment and Open Storage.

1.    Waste Containers and Mechanical Equipment: Solid waste containers (dumpsters, carts, drop boxes and compactors) and mechanical and electrical equipment in industrial, commercial, multi-family and mixed-use projects, which would otherwise be visible from adjoining streets shall be screened from public view by a Type II Visual Screen unless such would interfere with access and service, in which case a Type III Visual Buffer shall be provided.

2.    Open Storage: All outside storage areas shall be fully screened by a Type I Solid Screen a minimum of five (5) feet in width, unless the Department finds such storage material is not visually obtrusive.

J.    Stormwater Pond and Swales.

1.    Stormwater drainage ponds and swales and other stormwater facilities shall be located where they will not unreasonably impede pedestrian access to or between buildings. They shall be attractively landscaped with native, or well-adapted drought-tolerant plants and integrated into the site design.

2.    Existing water bodies and wetlands should be incorporated into the site design as an amenity.

K.    Pedestrian Facilities. Pedestrian facilities, transit stops, and barrier free access may be allowed in required landscape areas without requiring additional buffer area, provided the intent of this Chapter is met and that the function and safety of the pedestrian facility, transit stop or barrier free facility is not compromised.

L.    Types of Perimeter Landscape.

1.    Solid Screen (Type I). Purpose: This type of landscaping is intended to provide a solid sight barrier between totally separate and incompatible land uses such as residential and industrial areas. It is also used around outdoor storage yards and service yards.

Materials: Landscaping shall consist of evergreen trees, tall shrubs and ground cover which will provide one hundred percent sight-obscuring screen; OR a combination of seventy-five (75) percent evergreen and twenty-five (25) percent deciduous trees with large shrubs and ground cover backed by a one hundred (100) percent sight-obscuring fence. Tree, shrub, and groundcover spacing shall be appropriate for the species type and consistent with the intent of this section.

2.    Visual Screen (Type II). Purpose: This type of vegetation or landscape structure, or both, is intended to create a visual separation that may be less than one hundred (100) percent sight-obscuring. It is typically found between commercial and industrial zones; high density multifamily and single family zones; commercial/office and residential zones; and to screen commercial and industrial use waste containers, mechanical and electrical equipment from the street.

Materials: Vegetative landscaping shall consist of evergreen OR a combination of approximately sixty (60) percent evergreen and forty (40) percent deciduous trees, interspersed with large shrubs and ground cover. A sight-obscuring fence or other landscape structure can be used and may be required if necessary to reduce site specific adverse impacts to adjacent land uses. Tree, shrub, and groundcover spacing shall be appropriate for the species type and consistent with the intent of this section (See Section 18.170.050, Multifamily Residential, Fences and Walls).

3.    Visual Buffer (Type III). Purpose: This type of landscaping is intended to provide partial visual separation of uses from streets and main arterials and between compatible uses in order to soften the appearance of parking areas and building elevations. Landscaping shall consist of no more than forty (40) percent deciduous species. Waste containers may be buffered from view using vegetation or a landscape structure or both.

Materials: Vegetative landscaping shall be a mixture of evergreen and deciduous trees interspersed with large shrubs and ground cover. Tree, shrub, and groundcover spacing shall be appropriate for the species type and consistent with the intent of this section.

(Ord. 7045 §6, 2016; Ord. 7027 §28, 2016; Ord. 6902 §§1, 2, 2014; Ord. 6273 §21, 2003; Ord. 5517 §1, 1995).

18.36.080 Landscape plan requirements

A plan of proposed landscaping and screening shall be included with plans submitted for site plan review or Hearing Examiner review. The plans shall be drawn to scale and contain the following information:

A.    Landscape Plan.

1.    Plan Preparation.

a.    Four (4) or Less Multifamily Units and Commercial Development having less than 20,000 square feet of gross floor area. Landscape plans required by this section shall be prepared by a person experienced in the selection and installation of plant materials and landscape design. Plans shall be drawn to scale and meet all plan submittal requirements of item 2 below.

b.    Five (5) or More Multifamily Units; Commercial Development consisting of 20,000 square feet or more of gross floor area; and all development located on a High Density Corridor or Design Review Corridor. Landscape plans required by this section shall be prepared by a Registered Landscape Architect or Certified Washington State Landscaper or Nurseryman. Plans prepared by others shall have their design plans certified by one of the aforementioned groups, attesting that all requirements of this Chapter have been met or exceeded.

2.    Plan Requirements. New landscape plans must identify location, species and diameter or size of plant materials using both botanical and common names. Drawings shall reflect the ultimate size of plant materials at maturity. All drawings shall depict:

a.    Existing property lines and perimeter landscape areas;

b.    All public and private open space, including plazas, courts, etc.;

c.    Parking lot planting areas and vehicle use areas, driveways and walkways;

d.    Location of clear sight triangle, if applicable;

e.    Location of buildings or structures (existing and proposed);

f.    Location of aboveground stormwater drainage pond(s) and swales;

g.    Street tree location;

h.    Screening of mechanical equipment;

i.    Existing soil type and required amendments;

j.    Planting details describing method of installation;

k.    Location and description of existing trees or groves of trees to be retained;

l.    Location and description of existing soils and groundcover vegetation to be retained;

m.    Location and type of any invasive plants and timeline for removal;

n.    Planting locations showing mature size of plants, size of planting stock, species of plant materials, and tree density calculations;

o.    Timeline for site preparation and installation of plant materials;

p.    Cost-estimate for the purchase, installation and three (3) years maintenance of landscaping.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

18.36.100 Alternative landscape plans

A.    The applicant may formally request in writing a modification from the landscaping requirements set forth in this Chapter; provided there is:

1.    No reduction in critical area and buffer, unless permitted by the Chapter 18.32 Critical Areas;

2.    No reduction in required tree density; and

3.    No reduction in required Soil and Vegetation Protection Area.

B.    The Department may administratively approve a modification of landscape requirements for reasons of increased safety, a design which clearly exceeds Chapter requirements or environmental protection, to achieve the goals and requirements of the low impact development aspects of the Drainage Manual, or when the application of this Chapter is infeasible within prior built environments. The applicant shall provide evidence that either strict application of this Chapter is infeasible and/or it is in the long-term best interest of the city to modify landscape requirements. Required landscape plans may be modified only under the following circumstances, as applicable.

1.    The proposed landscaping clearly exceeds the requirements of this Chapter.

2.    The proposed landscaping maintains or increases solar access for purposes of solar energy devices.

3.    The proposed landscaping provides for the preservation of existing trees, soils, and associated vegetation. Trees shall not constitute a hazard as determined by a qualified professional forester, pursuant to OMC 16.60.

4.    Strict application of this Chapter violates special easement requirements.

5.    A site that can not comply with landscape requirements because of prior development (after investigating alternatives to reduce required parking, etc.).

6.    In those instances where above ground stormwater requirements serve the same or similar function as required landscaping. The proposed landscaping significantly improves stormwater treatment and aquifer recharge beyond what can be achieved by this Chapter.

7.    The preservation of Scenic Vistas.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

18.36.120 Conflicting requirements

In the event of a conflict between the standards for individual uses and other general requirements of this chapter the more stringent shall apply. Determination of the appropriate standards shall be made by the Director of the Community Planning and Development Department.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

18.36.140 Residential landscape requirements

A.    Perimeter Landscape. Perimeter landscape strips may be averaged, provided the minimum width is not less than fifty (50) percent of the required width and the intent and purpose of screening is achieved.

1.    Plant Coverage. Notwithstanding other regulations found in this chapter, perimeter areas not covered with buildings, driveways or walkways, and parking and loading areas shall be landscaped. The required width of perimeter areas to be landscaped shall be the depth of the required yard or setback area.

2.    Native Vegetation. Required landscaping shall be comprised of a minimum of 60% native vegetation, or Well-Adapted Drought-Tolerant vegetation, where site conditions are appropriate for establishment and long-term survival.

3.    Buffer Area Next to R-4 and R 4-8.

a.    Any land use of higher density, intensity or use that is directly adjacent to an R4 or R 4‑8 zone district shall have a solid screen (Type I) or visual screen (Type II) along the abutting perimeter, depending on the intensity of use.

b.    Mixed use developments or in areas where combined commercial and residential pedestrian use is desired, a Type II or III screen should be used. Screening area and materials for commercial and residential developments may be combined to achieve the desired screening and pedestrian enhancement. See Section 18.36.060(L) for types of screening.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

18.36.160 Commercial landscape requirements

A.    Perimeter Landscape. Perimeter landscape strips may be averaged, provided the minimum width is not less than fifty (50) percent of the standard width requirement and the intent and purpose of screening is achieved.

1.    Plant Coverage. Notwithstanding other regulations found in this chapter, perimeter areas not covered with buildings, driveways or walkways, and parking and loading areas shall be landscaped. The required width of perimeter areas to be landscaped shall be the depth of the required yard or setback area. Type II and III perimeter landscaping shall be used depending upon adjacent perimeter land uses. (See Types of Perimeter Landscape, Section 18.36.060(L).)

2.    Native Vegetation. Required landscaping shall be comprised of a minimum of 60% native vegetation, or well-adapted drought-tolerant vegetation, where site conditions are appropriate for establishment and long-term survival.

3.    Buffer Area Next to Incompatible Uses.

a.    Where a development subject to these standards is contiguous to a residential zoning district, areas of residential development or other incompatible use, then the required perimeter area shall be landscaped with solid screen (Type I) or visual screen (Type II) along the abutting perimeter, depending on the intensity of use.

b.    Mixed use developments or in areas where combined commercial and residential pedestrian use is desired, a Type II or III screen should be used. Screening area and materials for commercial and residential developments may be combined to achieve the desired screening and pedestrian enhancement. See Section 18.36.060(L) for types of screening.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

18.36.180 Parking lot landscape and screening

A.    Applicability.

1.    The standards of this section shall apply to both public and private parking lots; and

2.    Any use within a residential district requiring more than ten (10) parking spaces; and

3.    All commercial and industrial uses of land and development.

B.    Perimeter Landscaping

In order to soften the appearance of parking lots, separate one parking area from another or from other uses, the following standards apply:

1.    Screening strips – Perimeter landscaping strips shall be provided as follows:

a.    Between parking lots and street rights-of-way, screening strips shall be a minimum of ten (10) feet in width; and

b.    All other zone districts without setbacks shall install a perimeter screening strip at least five (5) feet wide, except as provided in (2) below; and

c.    Exceptions to (a) and (b) above are allowed by administrative exception below:

2.    Administrative Exception. The following landscape screen exceptions shall only apply to commercial and industrial districts:

a.    Parking lot screening strips abutting a non-residential use or district may be reduced in width to the minimum needed to accommodate and maintain the screening materials, as determined by the Department; provided plant materials are placed an appropriate distance from sidewalks or other public facilities to prevent future damage or obstruction.

b.    The Director may allow the alteration of screening strips as necessary to provide for direct pedestrian access between sidewalks and building entrances or between parking lots and building entrances, for ‘low impact’ stormwater management, or for trash receptacles, utility boxes, or driveways.

3.    Perimeter Landscaping - Materials.

a.    Native Vegetation. Required landscaping shall be comprised of a minimum of 60% native vegetation, or well-adapted drought-tolerant vegetation, where site conditions are appropriate for establishment and long-term survival. Grass lawn is prohibited unless as needed and approved for stormwater conveyance.

b.    Deciduous trees shall have a minimum size of two (2) inches in caliper measured six (6) inches above the base. Evergreen trees shall be a minimum six (6) feet in height at planting.

c.    Shrubs and ground cover. Ground cover shall be planted and spaced in a triangular pattern which will result in eighty (80) percent coverage in three (3) years. The mature size of shrubs and trees whose canopy is no more than two (2) feet above the ground may also be included in total ground cover calculations.

C.    Interior Parking Lot Landscaping.

1.    The following interior parking lot landscape area is required for all development covered by 18.36.180(A). Space requirements are considered minimums, additional landscape area may be necessary to meet design requirements below.

Required landscape area per parking stall.

Stall size

(1-20)

(21-30)

(31-40)

(41 +)

Standard

23 sq.ft. (8.25%)

27 sq.ft. (9.75%)

31 sq.ft. (11.25%)

35 sq.ft. (12.75%)

Small Space

17 sq.ft. (8.3%)

20 sq.ft. (9.8%)

23 sq.ft. (11.3%)

26 sq.ft. (12.7%)

2.    Landscape Islands - Design.

a.    Landscape Islands shall be a minimum of one forty-four (144) square feet and no more than five hundred (500) square feet in size. Islands shall be designed so that trees will be planted a minimum of four (4) feet from any hard scape surface. The minimum island size may be reduced, on a case by case basis, if appropriate ‘structural soil’ is provided to ensure that trees can achieve maturity. The maximum allowable size of five hundred (500) square feet may be increased to allow for the preservation of existing trees and associated vegetation pursuant to OMC 16.60 or to accommodate stormwater infiltration/treatment/conveyance practices.

b.    Islands shall be provided in the following location:

i.    Landscaping islands shall be placed at the end of every parking row and with a spacing of approximately one (1) island for every nine (9) parking spaces consistent with a goal of maximizing canopy tree coverage at maturity; and

ii.    Between loading doors/maneuvering areas and parking area; and

iii.    Any remaining required landscaping shall be dispersed throughout the parking lot interior to reduce visual impact.

c.    Permanent curbing shall be provided in all landscape areas within or abutting parking areas. Based on appropriate surface water considerations, other structural barriers such as concrete wheel stops may be substituted for curbing.

3.    Landscape Islands - Materials.

a.    One tree shall be planted for every two hundred (200) square feet of landscape island area; provided that every landscape island must contain at least one (1) tree. Planting areas shall be provided with the maximum number of trees possible given recommended spacing for species type, and the estimated mature size of the tree.

b.    All landscape islands within parking areas shall be comprised of a minimum of 60% native vegetation, or well-adapted drought-tolerant vegetation, where site conditions are appropriate for establishment and long-term survival. Grass lawn is prohibited except as needed and approved for stormwater conveyance.

c.    No plant material greater than twelve inches in height shall be located within two (2) feet of a curb or other protective barrier in landscape areas adjacent to parking spaces and vehicle use areas.

d.    Deciduous and/or evergreen trees shall be used which form a canopy. Deciduous trees shall have a minimum size of two (2) inches in caliper measured six (6) inches above the base. Evergreen trees shall be a minimum six (6) feet in height at planting.

e.    Shrubs and ground cover. Ground cover shall be planted and spaced in a triangular pattern which will result in eighty (80) percent coverage in three (3) years. The mature size of shrubs and trees whose canopy is no more than two (2) feet above the ground may also be included in total ground cover calculations.

f.    Motor vehicle overhang. Parked motor vehicles may overhang landscaped areas up to two (2) feet when wheel stops or curbing are provided. Plants more than twelve (12) inches tall are not allowed within the overhang area.

(Ord. 7027 §28, 2016; Ord. 6967 §20, 2015; Ord. 6195 §27, 2002; Ord. 5714 §16, 1997; Ord. 5517 §1, 1995).

18.36.190 Landscape Requirements for Antennas and Wireless Communications Facilities

A.    Applicability.

1.    The standards of this section shall apply to radio, television, and other communication antenna support structures (towers) and equipment compounds, and

2.    Wireless communications facilities antenna support structures and equipment compounds.

B.    Screening. Equipment compounds which are visible from adjoining streets, parking areas, or other abutting properties shall be screened from view by a Type I Solid Screen a minimum of five (5) feet in width.

C.    Perimeter Landscape.

1.    Perimeter landscape strips may be averaged, provided the minimum width is not less than fifty (50) percent of the required width and the intent and purpose of screening is achieved.

2.    Plant coverage. Notwithstanding other regulations found in this chapter, perimeter areas not covered with buildings, driveways or walkways shall be landscaped. The required width of perimeter areas to be landscaped shall be the depth of the required yard or setback area. Type II or III perimeter landscaping shall be used depending on adjacent perimeter land uses. (See Types of Perimeter Landscape, Section 18.36.060(L).)

3.    Buffer area next to incompatible uses. Where a facility subject to these standards is within or contiguous to a residential zoning district, areas of residential development or other incompatible use, then the required perimeter area shall be landscaped with solid screen (Type I) or visual screen (Type II) along the abutting perimeter, depending on the intensity of the abutting use.

4.    Alternative landscaping. In lieu of the above requirements, in special cases including, but not limited to, cases where a required tree would be closer to the tower supporting the antenna than the height of the tree at maturity, the applicant may prepare a detailed plan and specifications for landscape and screening, including plantings, fences, walls, topography, etc., to screen the base of the tower and accessory uses. The plan shall accomplish the same degree of screening achieved in items (2) and (3) above but may deviate from the specific requirements, and it must demonstrate to the satisfaction of the City that the public interest will be equally served by such plan.

(Ord. 7027 §28, 2016; Ord. 6395 §15, 2006).

18.36.200 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 (a) through (c) are met, a performance assurance must be posted with the city in a form listed in paragraphs B, C, and D below.

3.    The time extension to complete all landscaping may not exceed ninety (90) days after issuance of a Certificate of Occupancy.

4.    Failure to complete the installation of required landscape within ninety (90) days after the CO is issued shall constitute a violation of the zoning ordinance.

B.    Performance assurance devices 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 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 non-revocable 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. 7027 §28, 2016; Ord. 5517 §1, 1995).

18.36.220 Maintenance

A.    Plant Maintenance. Whenever landscaping is required under the provisions of this Chapter, all shrubs and trees in the landscape and planting areas shall be maintained in a healthy condition. Property owners shall be responsible for pruning vegetation which interferes with pedestrians and bicyclists, and that obstructs vehicle clear vision triangles.

B.    Irrigation. All portions of any irrigation system shall be maintained in order to perform its original function. Uncontrolled emission of water from any pipe, valve, head, emitter or other irrigation device shall be considered evidence of non-maintenance and a violation of this ordinance.

C.    Hard scape. Maintenance of all landscape areas shall also include the painting, repairing, reconstruction, and restoration of landscape structures such as fences, walls, overheads, trellises, etc.

D.    Bonding. In addition to any other remedy provided within this code for any landscape maintenance requirements imposed by this Chapter, the city may also require a performance or maintenance bond if maintenance is not adequately provided.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).