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(1) Purpose. The purpose of this section is to help ensure the aesthetic environment of the entire community, and to enhance the quality of life for all citizens.

(2) General Provisions.

(a) Landscaping shall provide a variety of plant sizes, shapes, texture and color while being horticulturally compatible and minimizing irrigation reliance, thus conserving the public water supply.

(b) Landscaping shall be maintained in good health by the property owner in conformance with approved landscaping plans and shall not be reduced in area or number.

(c) Noncompliance with this section or approved plans is a violation of the Medford Land Development Code and is subject to a maximum fine of $250 per day.

(3) Applicability.

(a) The provisions of this section are applicable to all landscaping areas within commercial, industrial, institutional, or multiple-family developments and open space/landscaping tracts within all subdivisions, including single-family residential.

(i) Except as provided in subsection (3)(a)(ii) of this section, provisions of this section are not applicable to:

(A) Single-family lots.

(B) Duplex lots.

(C) Triplex lots.

(D) Quadplex lots.

(E) Individual townhome lots.

(F) Public parks.

(G) Future development sites, unless irrigated landscaping is placed thereon. When irrigated landscaping is provided upon a future development site, all provisions of this section shall apply.

(ii) Covenants, Conditions and Restrictions (CC&Rs) recorded for private regulation of any development or subdivision, regardless of development type or zoning district, shall not establish any restriction inhibiting the use of water-conserving landscaping design, or require the installation of high water use landscape elements, as defined herein, upon property governed by the CC&Rs.

(b) The approving authority may approve landscape plans or irrigation plans not in full compliance with provisions of the Medford Land Development Code Chapter 10, without the need for a separate Exception application, subject to the following:

(i) The approving authority shall make one of the following findings to grant relief from a provision:

(A) Due to a unique circumstance of the site, strict application of the standards requires an improvement that does not further the intent of this chapter, and granting relief does not:

1. Diminish the quality of life;

2. Diminish the aesthetic environment of the site and its surroundings;

3. Increase reliance on irrigation water;

4. Allow landscaping that is horticultural incompatible with the surroundings or climate.

(B) A particular public benefit will be achieved by not complying with a provision of this section.

(ii) If an application proposes a landscaping area to be left in a natural condition with undisturbed soil for purposes of protecting natural features, such as native trees, riparian vegetation, or similar attributes, the approving authority may grant relief from landscaping and/or irrigation design standards in accordance with this subsection.

(iii) Relief from a provision shall not be used to cure a self-imposed condition.

(iv) Granting relief from provisions is a discretionary decision and shall be sparingly exercised. Other landscaping or irrigation measures may be imposed by the approving authority in lieu of relieved provisions.

(v) The applicant shall provide findings supporting the request for relief within the project narrative submitted with the application. The project narrative shall provide the following information:

(A) The specific provision(s) and site location(s) for which relief is sought; and,

(B) How the strict application of this section results in an improvement that does not further the intent of this chapter and meets the criteria of subsection 10.780(3)(b)(i)(A) or, how a public benefit is achieved by granting relief from the provision(s).

(4) Definitions. When used in this section, the following terms shall have the meanings as herein ascribed:

(a) Bubblers: A range of irrigation devices that are pressure-compensating and dispense water as a trickle down the riser, in a short umbrella, or in a fixed and non-misting short stream.

(b) Certified Irrigation Professional (CIP): A person possessing one of the following credentials: Irrigation Association Certified Irrigation Designer, State of Oregon Registered Landscape Architect, or, State of Oregon Licensed Irrigation Contractor.

(c) Drip Irrigation: Devices that apply water at or below the soil surface. Spray or misting emitters are not drip irrigation devices.

(d) ET (Evapotranspiration): The quantity of water transpired from plants and evaporated from adjacent soil during a specified time, which is an indicator of how much water needs to be replaced to maintain healthy plants.

(e) ETo (Reference Evapotranspiration): The evapotranspiration rate for a standardized cool-season grass crop that is well-watered. The ETo is considered to be the maximum evapotranspiration rate under a given set of parameters, and is used as the basis for comparing water needs of specific plants (see Plant Factor) under the same conditions.

(f) High Water Use Landscape Elements: The wetted surface area of water features, and plants with a plant factor that is 0.70 (70%) or greater of the reference Evapotranspiration (ETo).

(g) Irrigation Zone: The portion of an irrigation system served by a single control valve, typically operated by a unique station on the irrigation controller.

(h) Landscaping Area: Any portion of a site not occupied by buildings or under pervious or impervious surfaces associated with parking lots, drive aisles, utility boxes, trash enclosures, or sidewalks, and any area of a planter strip adjacent to the site within the public right-of-way.

(i) Mature Compost: A stable organic amendment characterized by raw materials (yard trimmings, vegetative food waste, feedstock manures, etc.) that have been sufficiently decomposed under controlled moisture and aeration conditions. Mature Compost is a well-cured product in which viable seed and pathogens have been eliminated through the application of high temperatures. For purposes of this code, mature compost is a product certified by the US Composting Council Seal of Testing Assurance Program.

(j) Mulch: A permeable protective covering of organic material such as bark, pine needles or compost spread over soil and around plants to reduce evaporation, maintain even soil temperature, prevent soil erosion, and prevent weeds.

(k) Open Space/Landscaping Tract: An area reserved on a subdivision final plat dedicated to a property owners’ association or reserved for future public acquisition for the purposes of open space, landscaping, conservation, active or passive recreation, stormwater detention, floodplain protection, etc., and may include ancillary buildings and structures such as play equipment, restrooms, ramadas, and gazebos.

(l) Overhead Sprinklers: Irrigation devices that delivers water through the air (e.g. spray heads, and rotors). A bubbler is not an overhead sprinkler.

(m) Plant factor: The ratio of the evapotranspiration rate for a specific plant compared to the reference evapotranspiration (ETo) under the same conditions. Appropriate water use landscape materials are referenced in the Species Evaluation List -1999, under the Region 2 classification within the publication entitled A Guide to Estimating Irrigation Water Needs of Landscape Plantings in California, a copy of which is on file in the Planning Department.

(n) Parking Area Planters: Landscape planters interior to and dispersed throughout a parking lot intended to create shade and visual relief for expanses of parking.

(o) Structural Soil: An artificially engineered stone/soil mix that meets or exceeds road bearing load requirements for structurally sound pavement design and installation, while supporting tree growth, remaining root penetrable, and encouraging deep root growth away from pavement surfaces.

(p) Tree: A woody perennial plant having one or a few main stems or trunks, and which grows to a height of at least fifteen feet. Non-coniferous trees typically do not develop and/or retain branches on their lower parts.

(q) Tree Caliper: Diameter of the tree trunk at a height of six (6) inches above grade.

(r) Undisturbed Soil: Topsoil that is in good health, has been successfully protected from disturbance, compaction and contamination, and is characterized by a water intake (percolation) rate consistent with the optimal percolation rate typical of its soil classification.

(s) Water Feature: Site elements such as swimming pools, spas, ponds, fountains, artificial streams and other design elements where open water performs an aesthetic or recreational function.

(5) Landscape Plan and Irrigation Plan Review. All development and building permit applications that include landscaping areas, as defined herein, with the exception of development types provided within Section 10.780(3)(a)(i), shall include a Landscape Plan and Irrigation Plan in accordance with the provisions of this section. Landscaping and irrigation improvements shall be installed in accordance with approved plans.

(a) Landscape Plan Review Process.

(i) Landscape plan documents complying with Subsections 10.780(6) and 10.780(7), and prepared by a State of Oregon Registered Landscape Architect or State of Oregon Licensed All-Phase Landscape Contractor for developments containing more than 1,500 square feet of landscaping area, unless exempted by ORS 671.540(a), shall be submitted for review and approval by the Approving Authority. Subsequent to the approval of the landscape plan, the applicant shall file an irrigation plan in accordance with Subsection 10.780(5)(b).

(ii) The plan submittal shall include the quantity and size of landscape plan documents specified on the application form.

(b) Irrigation Plan Review Process.

(i) After approval of the landscape plan by the Approving Authority, and concurrently with submittal of plans for building permits, irrigation plan documents complying with Subsections 10.780(6) and 10.780(8) shall be submitted for staff review and approval. No permit for building, paving, utilities, or other onsite construction improvement, other than grading, shall be issued until irrigation plans for the landscaping have been approved.

(ii) The applicant shall submit two sets of the irrigation plan at a scale matching the approved landscape plan or submit an electronic copy of the irrigation plan at scale matching the landscape plan with the building permit construction plan set.

(iii) A full-sized copy of the approved landscape plan shall be submitted with the irrigation plan.

(iv) The irrigation plan submitted for review shall be prepared by a Certified Irrigation Professional (CIP), as defined herein for developments containing more than 1,500 square feet of landscaping area, unless exempted by ORS 671.540(a).

(6) Landscape Plan and Irrigation Plan Requirements.

(a) Plan Title Block. The landscape or irrigation plan title block shall include:

(i) Project name and address.

(ii) Applicant’s or agent’s name, address, phone number, fax number, and email address.

(iii) Designer’s name, address, phone number, fax number, and email address.

(iv) Sheet numbers, if more than a single sheet.

(v) Date of plan preparation and all revision dates subsequent to initial submittal.

(vi) Scale of plan in accordance with Subsection 10.780(6)(b).

(b) Plan Scale. The landscape or irrigation plan shall be drawn at one of the scales below:

(i) One inch equals 10 feet.

(ii) One inch equals 20 feet.

(iii) One inch equals 30 feet.

(iv) 1/16 architectural scale.

(v) 1/32 architectural scale.

(c) Plan Information. The landscape or irrigation plan shall include the following:

(i) North arrow.

(ii) Designer credentials:

(A) Landscape Plans. A State of Oregon registered landscape architect’s seal with signature, or State of Oregon licensed all-phased landscape contractor number.

(B) Irrigation Plans. A State of Oregon registered landscape architect’s seal with signature, State of Oregon licensed irrigation contractor number, or attached copy of Irrigation Association certificate for irrigation designers.

(iii) Site information:

(A) Property lines, existing and proposed.

(B) Structures, existing and proposed.

(C) Existing natural features, including:

1. Trees with a trunk six inches in diameter or greater, measured at four feet above ground, with location, species type, canopy edge, and notation of whether they are to be preserved or removed.

2. The canopy of any tree on adjacent property that extends over the property line.

3. Streams, riparian corridors and wetlands, including bank and/or wetland edge.

(D) Impervious surfaces, existing and proposed, including parking lots, plazas, concrete walkways, and other hardscape areas.

(E) On a separate plan sheet, a utilities plan showing all aboveground and underground utilities, including sewer, water, communications, and electricity.

(F) Easements.

(G) Clear vision areas in accordance with Section 10.735, Clear View of Intersecting Streets.

(H) Stormwater management facilities.

(I) Any other site improvements.

(J) Total square footage of landscaping areas noted on the cover page.

(K) Total square footage of parking area planters noted on the cover page.

(L) Existing topography at two-foot intervals, or direction of slopes, notated with arrows and slope percentage.

(iv) Tree Canopy Plan. Where a landscaping plan includes a large parking lot, per Section 10.746(11), an aerial tree canopy plan shall model the average expected canopy for the tree species at 15 years after planting. The tree canopy plan shall denote the types of surfaces below the canopy. This standard does not require nor shall be replaced by a shade study.

(A) Tree canopy coverage of the following may be counted towards this standard:

1. Impervious surfaces;

2. Landscaping strips; and

3. Unenclosed carports over parking spaces.

(B) Tree canopy coverage of the following shall not be counted towards this standard:

1. Buildings or structures other than unenclosed carports;

2. Developments should not double-count coverage area if there is overlap in canopies greater than five feet.

Image credit: City of Pleasanton, California

(d) Landscape Plan Details. The landscape plan shall include the following additional information:

(i) All proposed landscaping materials and location, including:

(A) Landscaping required by this chapter, including street frontage, parking area planter, and bufferyard landscaping.

(B) Location of all plant materials, landscaping features, fences, retaining walls, hardscape elements, accent landscape lighting, and ground coverage materials (e.g., mulch, native grasses, shale, or other rock materials).

(ii) Legend that includes botanical and common names and sizes of plant materials, and ground coverage material.

(iii) Total square footage of all landscaping areas and total percentage of landscaping areas containing high water use landscape elements, as defined herein.

(iv) Details and specifications for tree planting, soil preparation, other applicable planting work, retaining walls, fences, landscaping headers, tree grates, and other landscaping improvements.

(v) Location of all areas to be provided with protective fencing for soil and/or existing tree protection.

(vi) On the cover page, a note stating the required soil preparation procedures outlined in Section 10.780(7)(i)(ii).

(e) Irrigation Plan Details. The irrigation plan shall include the following additional information:

(i) Water meter(s) size, location, static water pressure, and anticipated friction loss at the highest flow sprinkler design flow.

(ii) Backflow prevention device(s) location, model, and manufacturer.

(iii) Irrigation system layout identifying all components, including model and manufacturer.

(iv) Installation details for irrigation components.

(v) Calculations, submitted on a separate worksheet provided by the City, providing data identifying the system’s design parameters, hydraulics, and irrigation schedule.

(vi) An irrigation legend containing:

(A) A summary of the manufacturer’s stated flow rates and pressure losses, and recommended operation pressures and sizes (e.g., nozzle sizes, pipe diameter sizes, and pop-up heights) for all system components.

(B) Identification of each unique irrigation component, with the manufacturer’s recommended flow rates and pressure losses, and the manufacturer’s recommended operating pressure and size.

(vii) A note in a conspicuous location on the cover page:

(A) Stating that the irrigation system is designed to operate within the manufacturer’s recommendations.

(B) Directing the installer to verify proper operation of the irrigation system.

(C) Directing the installer to adjust pressure reducing valve(s) as necessary to ensure that all components operate within the manufacturer’s recommendations.

(viii) An irrigation schedule.

(A) The irrigation schedule shall be based on:

1. Medford area historical peak week ETo of 2.3 inches of water.

2. The water needs of the plants on the approved landscape plan.

3. The soil type of the site.

4. The proposed slopes.

(B) For drip irrigation systems, the irrigation schedule shall provide instructions for adjustment of the system to accommodate the maturing plant water needs, and adding and/or resizing drip emitters at three-year increments until plant reaches maturity.

(7) Landscaping Design Standards.

(a) Other Applicable Code Sections. In addition to meeting the landscaping design requirements of this section, the landscape plan shall also meet landscaping design requirements of the following sections where applicable:

(i) Street Frontage Landscaping Requirements. Private property abutting streets shall meet the landscaping provisions of Section 10.797.

(ii) Parking Area Planter Landscaping Requirements. Parking lots shall meet the landscaping provisions of Section 10.746.

(iii) Bufferyard Landscaping Requirements. Bufferyards shall meet the landscaping provisions of Section 10.790.

(iv) Southeast Overlay District Landscaping Requirements. Development occurring within the Southeast Overlay District shall meet the landscaping provisions of Sections 10.370 through 10.385, and 10.746(11) where applicable.

(v) Stormwater Facilities Landscaping Requirements. Stormwater quality and detention facilities shall be landscaped in accordance with the current adopted version of the Rogue Valley Stormwater Quality Design Manual.

(vi) Large Retail Structure Landscaping Requirements. Development subject to the provisions of Section 10.724 shall meet the landscaping provisions of Section 10.725.

(vii) Planter Strip and Street Tree Standards. Development subject to the planter strip provisions shall comply with Section 10.452A. Where a planter strip is located in or adjacent to a parking lot or facility, refer to the standards in Section 10.746(10).

(b) Plant Size Requirements. The following minimum plant sizes shall apply at the time of planting to all landscaping required by this Chapter unless otherwise stated:

(i) Deciduous trees shall be a minimum of 1¾-inch caliper as defined herein.

(ii) Evergreen trees shall be a minimum of eight (8) feet in height.

(iii) Shrubs shall be a minimum of one (1) gallon in size.

(iv) Groundcovers shall be in flats or a minimum size of four (4) inch pots.

(c) Living Groundcover Requirements. All landscaping areas, including right-of-way planter strips adjacent to the site, shall include sufficient shrubs, turf grass, and/or other living groundcover to spread over 85% of each area within eight years.

(i) An area without living groundcover within a three (3) foot radius centered at the base of each new tree may be counted toward this requirement.

(ii) For existing trees to be preserved, an area without living groundcover within a ten-foot radius centered at the base of each existing tree or 50% of the canopy area, whichever is less, may be counted toward this requirement.

(iii) In lieu of living groundcover, up to ten percent (10%) of the total landscaped area may be covered with rock, brick, or decorative pavers, and may be counted toward this requirement.

(iv) In no circumstance shall the sum of ground cover credit provided in Subsections (i), (ii), and (iii) above cause the living ground cover percentage to be reduced to less than 50% of the total landscape area.

(d) Non-Living Groundcover Requirements. Landscaping areas not covered with turf grass shall be covered with a minimum of three (3) inches of unsettled mulch. Subject to approval by the approving authority, a limited application of rock or similar non-living groundcover material may be utilized. Bark mulch applied within public right-of-way medians or planter strips shall be of shredded texture. Bark nuggets or chips may not be applied.

(e) High Water Use Landscape Element Limitations.

(i) The total landscaping area of a development site, including areas located within adjacent public right-of-way planter strips, shall not exceed the following percentage of high water use landscape elements, as defined herein:

(A) Single-family residential and middle housing open space/landscaping tract = 40%

(B) Multiple-family residential = 40%

(C) Commercial/office = 30%

(D) Institutional = 30%

(E) Industrial = 20%

(ii) Water features shall use recirculating water systems.

(f) Turf Grass Limitations.

(i) Turf grass area shall have a minimum average width of eight (8) feet and shall be no less than six (6) feet in width at any point, except for stormwater facilities constructed in accordance with the current adopted version of the Rogue Valley Stormwater Quality Design Manual.

(ii) Slopes exceeding 15% shall not be landscaped with turf grass.

(iii) Where on-street parking is located adjacent to a public right-of-way planter strip, minimum turf width requirements of Subsection 10.780(7)(f)(i) are not applicable to the adjoining planter strip. Turf grass applied in the planter strip shall be included and counted toward the High Water Use Landscape Element limitation identified in Section 10.780(7)(e).

(g) Slope Limitation in Landscaping Areas. The maximum finished slope for landscaping areas is 33% (3 to 1). Slopes steeper than 33% shall be terraced. This provision is not applicable to landscaping areas intended to remain in their natural vegetated and soil condition.

(h) Irrigated Landscaping Adjacent to Impervious Surfaces. Landscaping areas located adjacent to an impervious surface shall have a finished grade that is one (1) inch lower than the impervious surface where they adjoin.

(i) If there is a retaining wall or curb adjacent to the impervious surface, for areas uphill of the wall, the referenced grade for this provision shall be the top of the retaining wall or curb.

(ii) Finished grade of the irrigated landscaping area is the top surface elevation after application of the required non-living groundcover material specified by Subsection 10.780(7)(d), or turf grass.

(i) Soil Quality/Restoration/Preparation.

(i) Required Organic Content:

Mature compost, as defined herein, shall be added to the soil of landscaping areas at a rate of three cubic yards of compost per 1,000 square feet of landscaping area to be planted. This requirement is not applicable in the following circumstances:

(A) In areas fully secured by fencing for the purpose of protecting undisturbed soil from damage and compaction during construction.

(B) In stormwater quality and detention facilities constructed in accordance with the current adopted version of the Rogue Valley Stormwater Quality Design Manual.

(C) In landscaped areas where a soil test demonstrates an organic content of at least three percent based upon core samples taken at one test per 20,000 square feet, with a minimum of three samples per test. Samples shall be taken at least 40 feet apart to a depth of six (6) inches following completion of rough grading.

(ii) Required Soil Preparation Procedures:

(A) Assure that soil is suitably dry before beginning.

(B) Spread desired topsoil. (Optional)

(C) Open/rip soil to a depth of eight (8) inches.

(D) Assure organic content as required by Subsection 10.780(7)(i)(i).

(E) Cultivate soil and amendment(s) to a depth of four (4) to six (6) inches.

(j) Tree Requirements. Per Section 10.746(11), Large Parking Lot Design, trees must be planted and maintained to maximize their root health and chances for survival, including having ample high-quality soil, space for root growth, and reliable irrigation according to the needs of the species. Trees should be planted in continuous trenches where possible per the minimum standards of the 2021 American National Standards Institute A300.

(i) Soil Volume:

Each new or existing tree shall have sufficient soil volume to establish and maintain a root system that will support the tree at maturity. For each tree, at least two cubic feet of soil volume is required for each one square foot of tree canopy at maturity.

(A) Soil volume is calculated as the landscaping area under the tree canopy, free of impervious surface or paving, and measured at a depth of three feet.

(B) For trees within parking area planters or sidewalk planters, in lieu of the soil volume provisions above, structural soil may be utilized as an alternative material under impervious surfaces to meet the required soil volume calculation.

(ii) Root Barriers:

Commercially-engineered root barriers shall be installed for all new trees located within three feet of any public right-of-way impervious surface, and shall consist of six lineal feet of 24-inch barrier, running parallel to the impervious surface, centered on the tree.

(iii) Fencing:

Existing trees to be preserved shall be fully secured by fencing at the canopy edge for the purpose of protecting the tree from disturbance and soil compaction during construction.

(8) Irrigation System Design Standards. All landscaping areas shall be irrigated with an irrigation system having an automatic controller in accordance with the specifications provided in this Subsection.

(a) Water Needs. Plants in the same irrigation zone shall have similar watering needs unless irrigated by drip irrigation having emitters sized for individual plant water needs.

(b) Overhead Irrigation.

(i) A landscaping area irrigated by overhead irrigation shall have a minimum average width of eight (8) feet and shall be no less than six (6) feet in width at any point; if less than eight (8) feet in average width, it shall be irrigated by drip irrigation components or bubblers.

(ii) The minimum pop-up sprinkler height shall be four (4) inches. All pop-up sprinklers within one valve zone shall have matched precipitation rates.

(iii) Overhead irrigation systems shall be designed to maximize uniformity in water application, such as providing overlapping sprinkler spacing as appropriate for the planted area.

(iv) Overhead irrigation shall not be utilized in parking area planters.

(c) Irrigation Flow.

(i) Irrigation systems designed for a flow of greater than 50 gallons per minute (GPM) shall have a master valve at the point of connection.

(ii) Irrigation systems designed for a flow of greater than 80 GPM shall have a high flow sensor.

(d) Irrigation Controllers. Automatic irrigation controllers shall be, at a minimum:

(i) Capable of storing at least three (3) complete programs, with each program providing three (3) or more start times, station run times in minutes to hours, and water days by interval, day of the week and even/odd days.

(ii) Equipped with a percent adjust (water budget) feature unless utilizing weather-based sensors or soil moisture sensors.

(iii) Equipped with non-volatile memory and/or a self-charging battery circuit.

(iv) Capable of accepting an external rain or soil moisture sensor.

(v) Equipped with master valve capability for systems with any designed flow having a flow rate of 50 GPM or greater.

(vi) Equipped with high flow sensor capability for systems with any designed flow having a flow rate of 80 GPM or greater.

(e) Pressure Regulation. All irrigation zones shall be equipped with pressure reduction valves when needed to meet the manufacturer’s recommended operating pressure for the components of each zone. Where needed, pressure regulation shall be located at the meter or solenoid valve. Use of pressure-regulating sprinklers does not satisfy the requirement for a pressure reduction valve.

(f) Isolation Valves. Isolation valves are required on the mainline:

(i) At the irrigation system point of connection.

(ii) At each valve box.

(iii) At paved crossings of 20 feet or greater, such as streets, driveways or other impervious surfaces.

(g) Swing Joints. Swing joints are required on all sprinkler head risers.

(9) Landscaping and Irrigation Installation Certification, and Inspection.

(a) Landscaping and Irrigation Installation Certification. Upon installation of landscaping and irrigation improvements, the State of Oregon Registered Landscape Architect or the State of Oregon Licensed Landscape Contractor, responsible for the installation of the landscaping and/or irrigation shall certify that such improvements were installed in accordance with approved plans and specifications by preparing, signing and submitting a Landscaping and Irrigation Certification form provided by the City.

(i) The completed and signed certification form shall be submitted to the City prior to the issuance of Certificate of Occupancy for any portion of the project, unless landscaping and irrigation improvements have been deferred in accordance with Subsection 10.780(9)(b).

(ii) The submittal of the certification form serves as the applicant’s notice of completion of the landscaping and irrigation improvement and shall be submitted a minimum of two (2) full business days prior to the final building inspection.

(iii) If installation is found by the City to be deficient based upon the approved plans and the requirements of this code, the Building Official shall be provided a list of deficiencies to be satisfied prior to the issuance of a Certificate of Occupancy. The City shall also forward the list of the landscaping and irrigation deficiencies to the certifier at the addresses provided on the certification form.

(iv) If a Deferred Landscaping Improvement Agreement is utilized in accordance with Subsection 10.780(9)(b), the City shall authorize the release of the financial assurance upon confirmation of competed landscaping and irrigation improvement.

(v) If landscaping or irrigation installation is incorrectly certified:

(A) The property owner is not relieved of the responsibility for installing the landscaping and/or irrigation required by approved plans.

(B) The City may notify the regulatory or certification body with which the installation certifier is licensed.

(b) Deferred Landscaping and Improvement Agreement.

(i) If landscaping and irrigation installation must be delayed for seasonal reasons, such as excess soil moisture, or additional time is required to complete the installation of required landscape improvements, installation may be deferred for up to six (6) months following the issuance of a Certificate of Occupancy through the execution of a Deferred Landscaping Improvement Agreement. The written agreement, in a form acceptable to the City Attorney, shall specify:

(A) That within six (6) months of the date of issuance of the Certificate of Occupancy, all landscaping and irrigation improvements shall be completed in accordance with approved plans.

(B) That, if the property owner fails to complete said landscaping and irrigation improvements in accordance with the terms of the agreement, the City may have access to landscaping areas, complete the same as specified on the approved plans, and recover the full cost and expense thereof from the financial assurance, developer, and/or property owner.

(C) The indemnification of the City, its councilmembers, officers, board members, commissioners, and employees from claims of any nature arising or resulting from the performance of any acts required by the City to be done in accordance therewith.

(D) That, to secure full and faithful performance thereof, the applicant shall file with the City, either:

1. A surety bond, in an amount equal to 125% of the estimated cost of completing the landscaping and irrigation improvements, executed by a surety company authorized to transact business in the State of Oregon; or,

2. Cash in an amount equal to 125% of the estimated cost of completing the landscaping and irrigation improvements.

[Added Sec. 5, Ord. No. 7786, Dec. 15, 1994; Amd. Sec. 3, Ord. No. 1998-75, Apr. 16, 1998; Amd. Sec. 1, Ord. No. 1999-211, Dec. 16, 1999; Amd. Sec. 8, Ord. No. 2000-55, Apr. 6, 2000; Amd. Sec. 12, Ord. No. 2013-31, Feb. 21, 2013; Amd. Sec. 5, Ord. No. 2013-84, Jun. 6, 2013 (effective Dec. 1, 2013); Amd. Sec. 17, Ord. No. 2018-52, Jun. 7, 2018 (effective Jul. 9, 2018); Amd. Sec. 11, Ord. No. 2021-131, Jan. 20, 2022; Amd. Sec. 37, Ord. No. 2022-60, Jun. 16, 2022; Amd. Sec. 6, Ord. No. 2023-28, Mar. 16, 2023; Amd. Sec. 5, Ord. No. 2024-30, Apr. 4, 2024.]