Chapter 18.36
LANDSCAPING AND SCREENING

18.36.000    Chapter Contents

Sections:

18.36.020    Purpose.

18.36.040    Applicability.

18.36.060    General requirements.

18.36.080    Landscape and tree 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.

18.36.240    Preferred plantings.

(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, 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. 5517 §1, 1995).

18.36.040 Applicability

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 Residential Design Guidelines, Section 18.04A.150, and Individual Commercial Landscape Design District Requirements.

(Ord. 5517 §1, 1995).

18.36.060 General requirements

A.    Existing Trees and Associated Vegetation.

1.    The applicant will be required to retain existing trees and associated vegetation pursuant to the City’s Tree Protection and Replacement Ordinance, 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 tree protection and replacement plan must be developed, by a qualified professional forester. Pursuant to OMC 16.60.

c.    The tree protection and replacement plan must be approved by the City of Olympia’s Urban Forester.

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. The approval authority may require clearing and supplemental landscaping in these areas. (See 18.04A.070 and 18.06A.090, Landscape Design).

B.    Coverage. All planting areas shall have plant materials that provide seventy-five (75) percent coverage within three years.

C.    Irrigation.

1.    Areas planted with grass or sod shall have a permanent irrigation system. If used elsewhere, irrigation shall be appropriate to the maintenance of plants. See Groundcover/Turf below.

2.    All irrigation systems shall 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 reduce evaporation (e.g., 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 complete 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 be included in total ground cover calculations.

2.    Grass species shall be appropriate for the location, use, and size of lawn area. (See Suitability below.)

E.    Suitability.

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 are encouraged to use native and drought-tolerant plant materials where conditions and location support their survival, and to reduce the amount of sod and lawn areas which are highly dependent on labor, water and chemicals. A list of native and drought tolerant plant materials is available from the Department.

3.    In order to reduce water use and improve survivability, design principles using xeriscape techniques are encouraged. In meeting water conservation goals, plantings that are not drought tolerant should be grouped together and separated from drought tolerant plantings. If installed, separate irrigation systems should be provided as necessary for each group. (See 18.36.060(3), Irrigation, for sprinkler requirements).

F.    Mulch/Soil.

1.    To reduce erosion, minimize evaporation, provide for weed control and to enhance the growing conditions, all areas to be planted should be mulched approximately four (4) inches deep with composted or other approved organic material. If uncomposted mulch is used, it should be amended with a sufficient amount of fertilizer to compensate for typical nitrogen deficiencies caused by the uncomposted mulch.

2.    Existing soil types shall be identified on landscape plans. 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.    Deciduous Trees. Size - Shall have a caliper of at least two (2) inches, measured six (6) inches above the ground line. Quality - Shall be State Department of Agriculture Nursery Grade No. 1 or better.

2.    Conifer Trees. Size - Shall be a minimum of six (6) feet in height, measured from ground line. Quality - Shall be State Department of Agriculture Nursery Grade No. 1 or better.

3.    Street Trees. Street trees will be required as part of frontage improvements pursuant to City of Olympia Development Standards and subject to any applicable street tree plan adopted by the city. In the absence of an approved street tree plan the species and spacing of required trees will be determined by the City of Olympia’s Urban Forester, or designee, consistent with the provisions of 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 as measured from the street centerline. (See 18.40.060(C) for triangle dimensions.)

I.    Screening - Trash and Open Storage.

1.    In all commercial and multifamily zone districts, mechanical equipment and waste receptacles which are visible from adjoining streets or parking areas shall be screened from public view by a Type I Solid Screen. This does not include pedestrian oriented waste receptacles along walkways.

2.    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 shall be located where they will not unreasonably impede pedestrian access to or between buildings. They shall be attractively landscaped 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. (See Sections 18.06A.180, 18.06A.190 and 18.06A.200, Pedestrian Design Guidelines.)

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, service yards, trash receptacles, mechanical and electrical equipment, etc.

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 landscaping is intended to create a visual separation that may be less than one hundred (100) percent sight-obscuring between incompatible land use zones. This is typically found between commercial and industrial zones; high density multifamily and single family zones; commercial/office and residential zones; and to screen industrial uses from the street.

Materials: 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 may be required if as determined by the Design Review Board or Administrator it is 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 18.04A.050, Multifamily Design Guidelines, 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 fifty (50) percent deciduous species.

Materials: 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. 6273 §21, 2003; Ord. 5517 §1, 1995).

18.36.080 Landscape and tree 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.    Tree Plan:

Tree Protection and Replacement Only. Tree protection and replacement only, not to include street trees.

1.    The following is a summary of OMC 16.60 describing when a tree protection and replacement plan is required.

a.    Any construction and expansion of a building excluding interior remodel; or

b.    Any engineering permit necessary to develop property; or

c.    Any subdivision of property; or

d.    For those activities not covered above and requiring a city permit, any development which alters the predeveloped or developed condition of a property.

2.    Tree Plan Requirements. Tree Plan must be developed by a qualified professional forester as defined in the tree protection and replacement ordinance. Specific Plan requirements are outlined in the Tree Protection and Replacement Ordinance (OMC 16.60).

a.    Tree inventory. General description of existing vegetation including:

i.    Species, sizes and locations of existing trees and other vegetation;

ii.    Soils description and health of existing trees;

iii.    Landmark/Specimen trees;

iv.    Off-site trees adversely affected by proposal.

b.    Tree protection plan (included on the grading plan):

i.    Locations of trees to be preserved;

ii.    Description, and detail of how trees will be preserved;

iii.    Limits of clearing and grading around protected trees;

iv.    Timeline for clearing, grading and installation of tree protection measures.

c.    Landscaping plan. The landscape plan as required by this Chapter shall be included as one of the required sections of the tree protection and replacement plan.

d.    Street tree plan. The street tree plan for street trees required as part of frontage improvements, shall be included as one of the required sections of the tree protection and replacement plan. It should be drawn to scale on the site plan and should include the following information:

i.    Location, size, and species of trees to be planted;

ii.    Description and detail showing site preparation, installation and maintenance measures;

iii.    Timeline for site preparation, installation and maintenance of street trees;

iv.    Cost estimate for the purchase, installation and maintenance of street trees;

v.    The description and location of any underground or overhead utilities within the rights-of-way or near proposed street trees;

vi.    Additional information. The City’s Urban Forester may require any additional information deemed necessary to ensure compliance with the provisions of this chapter;

vii.    Information waiver. The City’s Urban Forester may waive the requirements for a scaled drawing and other submission data if they find that the information presented is sufficient to determine the project’s compliance with the provisions of this Chapter;

viii.    Design guidelines: See Sections 18.04A.070 and 18.06A.090.

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

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

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

(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 Critical Areas Ordinance; and

2.    No reduction in required tree density.

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, 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 and associated vegetation, that does not constitute a hazard as determined by a qualified professional forester, pursuant to OMC 16.60, and/or provides for wildlife habitat as determined by environmental review.

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. 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. 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.    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. 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.    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. 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 (3) 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 Site Plan Review Committee or Design Review Board 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, or for trash receptacles, utility boxes, or driveways.

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%)

Compact

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 should 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 six (6) feet from any hard scape surface. 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 treatment/conveyance practices.

b.    Islands shall be provided in the following location:

i.    Landscaping islands should be placed at the end of every parking row with a maximum spacing of at least one (1) island for every nine (9) parking spaces; 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. Each planting area 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 use drought tolerant trees, shrubs and ground covers. Lawn is not permitted within areas less than two hundred (200) square feet in size and shall only be used as an accessory plant material to required trees, shrubs and ground cover or to accommodate stormwater treatment/conveyance practices.

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 complete 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. 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. 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. 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. 5517 §1, 1995).

18.36.240 Preferred plantings

Recommended plantings and other information is available from the Department to help create a water-smart landscape. Choosing the right plant in the right location, and using the proper soil are the first steps in creating a healthy and lush landscape.

(Ord. 5517 §1, 1995).