Ord_1606 PASSED (edited for Indoor Entertainment)

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plant the required landscaping and any ancillary screening improvements such as fencing. 3576 The estimated cost shall be subject to approval by the City. If the estimated cost 3577 submitted by the developer to the City is not approved by the City, the City shall have the 3578 exclusive right to determine the estimated cost. 3579 b. Landscape Inspection: The developer, contractor, or property owner shall request an 3580 inspection after the required landscaping has been installed. The Community Development 3581 Department will perform the inspection and determine compliance with the approved 3582 landscape plan. 3583 c. Releasing the Security: Upon the determination by the Community Development Department 3584 that a landscape installation is consistent with landscape requirements and approved plans, the 3585 security shall be released to the developer, contractor, or property owner according to the 3586 requirements below. 3587 i. One- and Two-family Dwellings: A required security shall be released upon the 3588 successful inspection of the landscape installation. Notwithstanding the foregoing, no 3589 portion of the security shall be released while there are unsatisfied obligations. 3590 ii. All Other Uses: The landscape security for all uses except detached or attached one- or 3591 two-family dwellings shall be held by the Community Development Department for a 3592 minimum of 2 full years beginning upon the successful inspection of the landscape 3593 installation. A reduction can be sought after the first year and after an inspection is 3594 requested by the developer, contractor, or property owner. If the Community 3595 Development Department determines that the landscape is established appropriately, a 3596 portion of the security may be released. That part of the security which has not been 3597 released at the end of the first year shall be retained and shall secure the remaining 3598 obligation to replant trees which are not alive or are unhealthy at the end of the year and 3599 to replant missing trees. The entire security may be released 1 year after the replanting of 3600 such trees has been satisfactorily completed and the City has certified that those 3601 replacement trees are alive and healthy. To be certified as alive and healthy, all of the 3602 following conditions must exist: 3603 A. No tree shall have sustained mechanical injury to the trunk of a tree causing loss of 3604 more than 30% of the bark circumference of the tree at any location along the tree’s 3605 trunk. 3606 B. No tree shall have had soil compacted to 6 inches deep over more than 30% of its 3607 root zone. 3608 C. No tree shall have had more than 30% of its roots cut for the installation of any utility 3609 or for any other purpose. 3610 D. No more than 25% of the crown of a tree shall consist of dead branches. 3611 d. None of a security shall be released until the developer’s, contractor’s, property owner’s 3612 obligations to indemnify the City for any expenses incurred in enforcing the requirements of 3613 this Section are satisfied. 3614