The intent of this chapter is to provide for several miscellaneous land development standards, which are applicable in more than one (1) zone. The requirement of this chapter shall be in addition to development standards contained within the various zones. (Ord. 17-02, 3-16-2017)

All required yards (setbacks areas) shall be situated on the same parcel or lot (or, as applicable, a parcel consisting of a group of 2 or more contiguous lots previously approved by the Town) as the building or structure to which it applies. No required yard, area or other open space around a building or use which is needed to comply with the area, setback or open space requirements of this title shall be considered as providing the required area, yard, setback or open space for any other building or use; nor shall any area, yard, setback or other required open space in an adjoining lot be considered as providing the area, setback or open space requirement of a building or use. (Ord. 17-02, 3-16-2017)

The Town has approved the creation of residential and commercial parcels that consist of more than one (1) lot as shown on the plats of the Town. The Town has also approved the construction or placement of structures on those parcels under a variety of circumstances where, to meet Town rules, multiple contiguous lots have been required (e.g., to meet minimum setbacks, provide minimum street frontages, to allow structures to be built on more than 1 lot, etc.). Where such parcels consisting of multiple lots have been approved by the Town, and where severance of a lot from said parcel would create a nonconformity with Town ordinances, rules, regulations or permits, the severance of such lot is prohibited. Any lot or parcel that is severed or created in violation of these provisions shall not acquire the status of an approved or a nonconforming lot or parcel, or otherwise be considered as a parcel or lot allowed or approved for development in the Town. For purposes of this section, the word severance shall mean any sale, transfer, lease or other conveyance, whether created by deed, inheritance, operation of law or otherwise. (Ord. 17-02, 3-16-2017)

In the Town R and R-C Zones, only one (1) dwelling structure shall be located and maintained on an approved parcel, consisting of three (3) platted lots, totaling twelve thousand (12,000) square feet in area. Parcels consisting of two (2) platted lots, and structures thereon, that were approved by the Town shall be deemed lawful nonconforming uses and noncomplying structures. (Ord. 17-02, 3-16-2017)

Living and sleeping quarters shall not be permitted in any accessory building. (Ord. 17-02, 3-16-2017)

No yard or other open space shall be used or maintained for the storage, keeping, dismantling or abandonment of junk, debris, scrap metal, building materials, inoperable motor vehicles or machinery, household furnishings and appliances, or any parts thereof. For purposes of determining a violation of this section, the existence of any more than two (2) of such items on any single parcel that remain for a period exceeding fourteen (14) days, shall be deemed a violation. (Ord. 17-02, 3-16-2017)

Every part of a required yard shall be open to the sky and unobstructed, except for permitted accessory buildings and except for ordinary and customary projection of sills, belt courses, cornices and other ornamental features and unenclosed steps and unwalled stoops, porches and carports, which may project up to three feet (3') into a required yard. (Ord. 17-02, 3-16-2017)

The setback from the street for any dwelling located between two (2) existing dwellings may be the same as the average for said two (2) existing dwellings, provided the existing dwellings are on the same side of the street, and are located within one hundred fifty feet (150') of each other; and provided, that no dwelling shall be located closer than twenty feet (20') from the right-of-way or easement line of said street. (Ord. 17-02, 3-16-2017)

In all zones which require a front setback, no obstruction which will prevent a clear view to automobile drivers of approaching vehicles or pedestrians shall be placed within a triangular area formed by the street property lines and a line connecting them at points forty five feet (45') from the point of intersection of said street lines; provided, that where both intersecting streets have a right-of-way width of more than eighty feet (80'), the required distance from the point of intersection shall be reduced to thirty feet (30'). (Ord. 17-02, 3-16-2017)

The front facing or side facing exterior walls of structures abutting on a proposed future street or an existing street needing to be widened, as shown on the major street plan as a future street, shall be measured from the property lines. For the purpose of determining the setback requirement and similar location standards, said setback shall be from the property lines. (Ord. 17-02, 3-16-2017)

Public buildings and churches in residential zones may be erected to any height; provided, that the building is set back from required building setback lines a distance of at least one foot (1') for each additional foot of building height above the maximum height otherwise permitted in the zone in which the building is located. (Ord. 17-02, 3-16-2017)

Surface water from rooftops shall not be allowed to drain onto any adjacent lot, parcel or street, except after written agreement signed by all parties. Surface water or liquid from corrals, pens or coops shall not be permitted to drain onto an adjacent lot, parcel or street into a waterway that drains into a natural stream. (Ord. 17-02, 3-16-2017)

   A.   Height: No fence, wall, hedge or similar device extending into or enclosing all or any part of the front yard area adjacent to a street shall be constructed or maintained at a height greater than thirty six inches (36"); provided, that where the fence fabric is to be of chainlink or other open mesh type, and the fence will remain non-sight obscuring, the maximum height may be increased to not greater than forty eight inches (48"). The maximum height of any fence, hedge, wall or similar enclosing device situated within any other portion of a lot shall be six feet (6').

   B.   Corner Lots: On corner lots, the side yard area adjacent to a street may be enclosed by a fence or wall not exceeding the maximum height; provided, that any such fence or wall will not result in the establishment of a hazardous condition and will be consistent with the provisions of section 10-10-9 of this chapter.

   C.   Design, Construction: All fences and walls shall be constructed of substantial materials and the design and construction shall be consistent with the quality of dwellings and other improvements within the surrounding area.

   D.   Plans Submitted: Before commencing construction, plans for all fences and walls shall first be submitted to and approved by the Planning Commission and/or Town Engineer.

   E.   Referral To Appeal Authority: Where, in the opinion of the Planning Commission and/or Town Engineer, a proposed fence or wall does not conform to the above criteria, he shall refer the application to the Appeal Authority for action.

   F.   Appeal: Any applicant aggrieved by a decision may appeal said decision to the Hearing Officer, who shall have the authority to reverse, affirm or modify any decision of the Planning Commission and/or Town Engineer. (Ord. 17-02, 3-16-2017)

Utility buildings and structures, such as electric buildings and substations, may be constructed in all residential zones, but only after the Planning Commission, as a special exception, has given approval. The Planning Commission may require conditions which are reasonably necessary to protect surrounding property values and residential amenities. (Ord. 17-02, 3-16-2017)

   A.   Intent: Regulations relating to off-street parking have been established to increase safety and lessen congestion in the public streets, to provide adequately for parking needs associated with the development of land and increased automobile usage, to set standards for off-street parking according to the amount of traffic generated by each use, and to reduce the on street storage of vehicles.

   B.   Residential Uses: There shall be not less than two (2) off- street parking spaces provided for each dwelling unit located on the premises.

   C.   Commercial And Residential Uses: The number of spaces, conditions and standards relating to access, circulation, lighting, landscaping, location, control and continuity shall be provided in accordance with standards as established by ordinance by the Town Council, or based on established standards established by a nationally or internationally recognized body.

   D.   Size Of Parking Space: For purposes of this title, a residential or commercial parking space shall be not less than ten feet (10') in width and twenty feet (20') in length. (Ord. 17-02, 3-16-2017)

   A.   Intent: The following regulations are provided to accommodate certain uses, which are temporary or seasonal in nature.

   B.   Permitted Temporary Uses:

      1.   Certain uses may be permitted on a temporary basis in any zone when approved by the Planning Commission and Town Council. Said temporary uses may include, but will not be limited to:

         a.   Carnivals and circuses.

         b.   Christmas tree sales lots.

         c.   Promotional displays and exhibits.

         d.   Fireworks sales stands (commercial zones only).

         e.   Itinerant merchants (commercial and industrial zones only).

         f.   Other uses determined by the Town Council to be similar to those set forth above.

      2.   All other applications and/or permits required must also be obtained before the temporary use is permitted.

   C.   Application For Temporary Use: Prior to the establishment of any temporary use, an application or written proposal for a temporary use permit shall be submitted to and approved by the Planning Commission and Town Council. Said application shall contain the following information:

      1.   A description of the proposed use.

      2.   A description of the property to be used, rented or leased for the temporary use, including all information necessary to accurately portray the property.

      3.   Sufficient information to determine the yard requirements, sanitary facilities and availability of parking space to service the proposed use.

      4.   A copy of the lease agreement or other evidence of the right of the applicant to occupy the proposed site.

   D.   Approval Required: The Planning Commission and the Town Council may approve said application, provided the Planning Commission or Town Council finds:

      1.   The proposed use is listed as a permitted temporary use or in the opinion of the Planning Commission and the Town Council is similar to those uses permitted.

      2.   The proposed use will not create excessive traffic hazards or other unsafe conditions in the area, and that if traffic control is required, it will be provided at the expense of the applicant.

      3.   The proposed use shall occupy the site for a period not to exceed ten (10) days, except for Christmas tree lots which shall not exceed forty (40) days, fireworks sales which shall be in accordance with the time limits as set forth in State law, and scientific studies which shall not exceed one hundred eighty (180) days with the option of extending that time period for another one hundred eighty (180) days.

      4.   The applicant shall provide, at his own expenses, for the restoration of the site to its original condition, including clean up and replacement of facilities as may be necessary. This is to occur after the expiration of all permits.

      5.   The Town Council shall give the final approval of all temporary use permits issued.

   E.   Town Council May Delegate Approval Responsibility; Exceptions:

      1.   The Town Council may authorize the Town Engineer to issue temporary use permits for certain temporary uses without Town Council review. Where the request is for a temporary use which is not listed or where, in the opinion of the Town Engineer, the characteristics of the proposed use are not in compliance with the above standards, the Town Engineer shall refer the applicant to the Town Council for their action.

      2.   In granting approval, the Town Council may attach additional conditions as they deem appropriate to ensure that the use will not pose any detriment to persons or property. The Town Council may also require a bond to ensure that necessary clean up or restoration work will be performed. (Ord. 17-02, 3-16-2017)

   A.   Intent: The following regulations have been established to provide minimum standards for the establishment and operation of home occupations within residential zones.

   B.   Application and Approval Required: Home Occupations are a permitted use, following receipt of a business license application and subject to the following conditions:

      1.   Home occupations are listed as a permitted use in the zone.

      2.   The home occupation is conducted within a dwelling or accessory buildings on the premises.

      3.   The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a residential dwelling.

      4.   Permanent signs are limited to one (1) non-flashing sign not larger in area than two (2) square feet.

      5.   Not more than the equivalent of twenty five percent (25%) of the ground floor area of the dwelling is devoted to the home occupation.

      6.   The home occupation shall obtain a business license from the Town.

      7.   Entrance to the home occupation from outside may be the same entrance normally used by the residing family, except when required otherwise by regulation of the State Health Department or other public agency.

      8.   The physical appearance, traffic and other activities in connection with the home occupation are not contrary to the intent of the zone in which the home occupation is located and do not depreciate surrounding value, as determined by the Town Engineer.

      9.   The home occupation may have up to two (2) non-resident employees. The home occupation shall provide one additional improved on-site, off-street parking stall per non-resident employee.

      10.   A home occupation may provide services away from the home occupation property. By way of example, a home occupation lawn care business can perform some business functions in the dwelling, while providing lawn care services off-site.

      11.   Shall not include the outside storage of goods, materials, or equipment.

      12.   Shall not involve any use of any outside yard area about the premises whereupon the dwelling unit or accessory building is located, except for customer parking and except for fenced outdoor areas associated with a home occupation day care.

      13.   Reasonable inventory related to the Home Occupation shall be allowed so long as such inventory is stored entirely within the dwelling unit or accessory building on the premises.

      14.   Shall not create a nuisance.

   C.   Continuing Obligation; Business License Required: All home occupations shall be operated in compliance with the conditions hereinabove set forth . Issuance of the business license shall be conditioned upon continued compliance with this Section. The business license may be refused or revoked upon failure of the owner and/or operator to maintain or operate the home occupation in accordance with this Section. The approval shall be valid for the remainder of the year in which it is first granted. Thereafter, the approval will be extended for successive one (1) year periods, commencing on January 1 of the calendar year; provided: 1) that the home occupation remains substantially the same as initially approved; and 2) that the home occupation has remained active as evidenced by the acquisition of a valid business license for the previous year. (Ord. 17-02, 3-16-2017; amd. Ord. 2019-15, 12-12-2019; Ord. 2021-02, 1-14-2021; Ord. 2021-05, 5-13-2021)

Prior to the construction of any building or other structures by a local government entity, School District, County or Special Service District within the Town, a site plan for the same shall be submitted to and approved by the Town in accordance with the provisions of section 10-10-19 of this chapter. (Ord. 17-02, 3-16-2017)

Wherever the terms of this title require submission and approval of a site plan, such reviews shall be conducted in accordance with the following provisions:

   A.   Designated Review Agency: The Planning Commission, or such other agency as may be designated by this title, shall have the function, duty and power to approve or disapprove a project plan, and to attach such modifications or conditions as may be deemed appropriate to improve the layout of the project, to ensure that the project will not pose any detrimental effect to persons or property, or to protect the health, safety and general welfare of the citizens of the Town.

   B.   Application Required: Application for site plan approval shall be submitted in writing to the Town and shall be accompanied by maps and drawings showing the following:

      1.   The location of all existing and proposed buildings and structures on the site, with full dimensions showing the distance between buildings and distances from buildings to adjacent property lines.

      2.   The location of all parking spaces, driveways and points of vehicular ingress and egress.

      3.   A landscaping plan showing the location, types and initial sizes of all planting materials to be used, together with the location of fences, walls, hedges and decorative materials.

      4.   Preliminary elevations of main buildings showing the general appearance and types of external materials to be used.

      5.   The locations of solid waste receptacles and trash pick up areas.

      6.   Evidence of satisfaction of all applicable water supply, sewage disposal and fire protection requirements, including, when applicable, the installation of fire sprinkler systems.

      7.   All such plans shall show dimensions required to meet the standards of Town ordinances, rules and regulations, or shall be drawn to scale in a way that accurate dimensions may immediately be determined.

   C.   Approval Of Site Plan; Appeals Permitted: The Planning Commission shall review the proposed site plan and shall issue a decision within a reasonable time. Any person aggrieved by a determination of the Planning Commission may request a hearing before the Hearing Officer, who shall have the authority to reverse, affirm or modify any decision of the Planning Commission; provided, any such appeal shall be filed within ten (10) days of the determination of the Planning Commission.

   D.   Building Permit: No building permit shall be issued for any use, building or structure, or external alterations thereto, which requires site plan approval until the provisions of this section have been compiled with. Any construction not in conformance with an approved site plan shall be considered a violation of this title. Any building permit issued shall ensure that development is undertaken and completed in conformity with the plans as approved.

   E.   Business License Not Issued Without Site Plan Approval: No business license shall be issued for any use requiring site plan approval until such approval shall have been obtained in accordance with the terms of this section. Any license so issued shall be null and void. (Ord. 17-02, 3-16-2017)

The Planning Commission, subject to the following findings and standards, may approve an earth shelter home project:

   A.   Permitted Use: Earth shelter home projects are listed as a permitted use in the zone and the minimum height requirements of the zone allow the placement of earth shelter homes.

   B.   Design: In the opinion of the Planning Commission, the design of all ground structures and other surface features appurtenant to the proposed home will be compatible with the traditional housing styles present and/or anticipated in the vicinity of the home and consistent with the intent of the zone.

   C.   Landscaping: All portions of the lot not devoted to aboveground structures will be landscaped following good landscape practices.

   D.   Site Plan: A detailed site plan for the lot showing the location of the home and all surface features and proposed landscape treatment shall be submitted and approved. (Ord. 17-02, 3-16-2017)

   A.   Recreation Vehicles: It shall be unlawful to place any recreation vehicle on any lot or parcel of land and to use the same for human habitation, except when located in a recreation vehicle court.

   B.   Mobile Homes: It shall be unlawful to place a mobile home on any lot or parcel and to use the same for human habitation, except in compliance with one (1) or more of the following conditions:

      1.   When located in a licensed mobile home park.

      2.   When temporarily located on a lot which a building is being constructed, but not to exceed one (1) year; provided, that the mobile home is connected to approved water and sewer facilities; and, provided further, that a bond or financial guarantee in an amount as set by ordinance is posted with the Town to guarantee the removal of said home from the lot upon completion of construction.

      3.   Manufactured homes that meet all requirements of the Federal (HUD) law and State law shall be allowed at any location where a home of traditional construction may be located; provided, however, that the manufactured home is constructed and installed in a manner that complies with all Federal, State and local laws. (Ord. 17-02, 3-16-2017)

   A.   Any person or persons who owns a single-wide mobile home located within the limits of the Town prior to the effective date hereof, who shall remove said single-wide mobile home from the premises where it is situated to replace it with a similar non-conforming single-wide mobile home, shall return said replacement to said premises within one (1) year of the date of removal. In the event said single-wide mobile home is not placed upon the premises previously occupied by the non- conforming single-wide mobile home within one (1) year of the date of removal, placement of such a mobile home will not be permitted on the premises. Thereafter, any mobile home placed upon such premises will be required to meet the standards of the Town manufactured mobile home ordinance.

   B.   A single-wide replacement must comply with all Federal (HUD) and State laws.

   C.   A building permit is required to replace any single-wide mobile home. (Ord. 17-02, 3-16-2017)

All dwellings and other habitable structures shall be connected to the Town water and sewer as follows:

   A.   Culinary Water: A separate culinary water connection shall be required for each one-family dwelling, for each dwelling unit in a two-family dwelling, and for each separate commercial or other non-residential structure intended for human occupancy. For multi-family dwellings and similar multi- unit developments, the Town may authorize the use of a common connection where: 1) because of the design of the structure, separate connections for individual units are not reasonably possible; and 2) the several units in the structure or project are, and will remain, in the same ownership.

   B.   Sewage Disposal:

      1.   A separate sewage connection shall be required for each one-family dwelling, for each dwelling unit in a two-family dwelling, and for each separate commercial or other non- residential structure intended for human occupancy. For multi- family dwellings and similar multi-unit developments, the Town may authorize the use of a common connection where: a) because of the design of the structure, separate connections for individual units are not reasonably possible; and b) the several units in the structure or project are, and will remain, in the same ownership.

      2.   Where, because of topographic or other physical conditions, connection to the sewer system is not reasonably possible, the Town Council may approve the use of a septic tank or similar individual system. As a prerequisite of Town approval, the applicant shall provide written evidence of approval of such system from the applicable health agency, including a peculation test for septic tanks and approval from Tooele County. (Ord. 17-02, 3-16-2017)

Subject to the requirements of Federal and State law governing these facilities, residential facilities for disabled persons shall be located and maintained in accordance with the following standards and conditions:

   A.   Code Compliance: The structure conforms to all applicable Building, Safety and Health Departments.

   B.   Residential Character Unchanged: The structure is capable of use for the purpose without structural or landscaped alterations that would change the residential character of the structure.

   C.   Maximum Residents: The structure shall contain not more than eight (8) persons, excluding the house family.

   D.   Distance To Another Facility: No residential facility for disabled persons shall be established or maintained within three-fourths (3/4) of a mile of another existing dwelling occupied as a residential facility for disabled persons.

   E.   Parking: The operator of the facility shall provide adequate street parking space.

   F.   Supervision: The operator of the facility provides written assurance to the Town that the residents will be adequately supervised on a twenty four (24) hour basis.

   G.   Community Advisory Committee: The operator of the facility may establish a Community Advisory Committee, through which complaints and concerns of neighbors may be addressed.

   H.   Non-Transferable: The use of the structure as a residential facility for disabled persons is non-transferable and shall automatically terminate at such time as there is any change in the character of the persons occupying the structure, it becomes devoted to a use other than that for which it was originally approved, or at such time as the structure or use fails to comply with applicable health, safety and building codes, or the terms of this section. (Ord. 17-02, 3-16-2017)

For purpose of determining compliance with the lot width (frontage) requirements, measurement of the lot width shall be the straight line distance between the two (2) side lot lines, as measured at the point on said side lot lines located twenty five feet (25') back from the front lot line. (Ord. 17-02, 3-16-2017)

   A.   Specified: New construction for residential dwellings in the R and R-C Zones, and any Agricultural Zone, must have a parcel minimum of not less than three (3) adjacent platted Town lots or twelve thousand (12,000) square feet.

   B.   Legal Non-Conforming Lots: Preexisting and Town approved two (2) lot or eight thousand (8,000) square foot parcels in the R or R-C Zones will be "grandfathered" and considered legal non-conforming lots. All such uses and structures located thereon shall be subject to the non-conforming use requirements of this title.

   C.   Conditional Use: As stated in the regulations for the Town R and R-C Zones, residential development of parcels comprised of fewer than three (3) adjacent platted Town lots, or which are smaller than twelve thousand (12,000) square feet, may be allowed as a conditional use. The applicant shall submit a detailed site plan for the proposed use, which shall include (in addition to the matters required in section 10-10-19 of this chapter) detailed elevations and drawings, including depictions from street and side views, the footprint of any proposed structure and details of its compliance with the minimum size requirements of this title, details of the foundation and footings for any proposed structure, the location of all required off-street parking spaces with dimensions of each (to consist of not fewer than 2 spaces per residential unit), the traffic pattern for all vehicular ingress and egress to the property, including driveways, carports and garages, traffic patterns for all pedestrian ingress and egress to the property, compliance with the minimum setbacks required for front, side and rear yards, sight lines for vehicular and pedestrian traffic adjacent to the property, details of the landscape improvements to be constructed, and other details determined necessary for the health and safety of residents and neighbors. (Ord. 17-02, 3-16-2017)

   A.   Intent: The Town recognizes the importance of trees and landscaping within the community. Trees and landscaping are used to soften the visual impact of commercial and residential building sites and parking areas, provide safe and pleasant gathering areas, enhance community identity and encourage compatibility with community uses. Trees and landscaping can stabilize surface drainage, soil erosion, reduce air and sound pollution, and help with wind control.

   B.   Landscaping Defined: "Landscaping" means the improvement of property to include substantial live plant material, such as trees, plants, shrubs, vines, turf, vegetative or non- vegetative permeable ground covers, and the eradication of weeds and other deleterious material; and, can also include nonliving, durable landscaping materials, including sculptures, patios, specialty paving, street furniture, outdoor seating areas, rocks, pebbles, sand, decorative walls and fences, and earthen mounds (excluding paving for vehicular use), all harmoniously combined to produce an aesthetic affect appropriate for the intended use.

   C.   Landscaping Plan Requirements:

      1.   Landscaping Plan And Agreement Required: A landscaping plan shall be required for all new commercial and multi-family developments. Landscape plans shall be approved by the Planning Commission prior to any building permits being issued. Landscape plans for planned unit developments shall have the approval from the Planning Commission prior to issuance of building permits and shall follow all regulations in chapter 13, article A of this title. A landscaping agreement is also required on a form approved by the Town legal counsel with requirements as outlined in subsection F of this section.

      2.   Contents Of Landscaping Plan: All landscape plans shall contain the following information, unless specifically waived by the Town Planner and/or the Planning Commission:

         a.   The location and dimensions of all existing and proposed structures, property lines, easements, parking lots, driveways, roadways, sidewalks, fences, recreational features and any other property features presently on the property or planned for installment on the property.

         b.   The location, size and common species name of all vegetation to be retained.

         c.   The location, size and common species name of all new plants, including trees, shrubs and flower bed areas.

      3.   Residential Development: All single-family residential development must submit a landscaping plan with the building permit application and sign a landscape agreement on a form approved by the Town legal counsel with requirements as outlined in subsection F of this section, before a building permit will be issued.

   D.   Commercial Buildings:

      1.   Residential Buffer: For any area adjacent to residential zoning, a buffer zone shall be created between the two (2) non-compatible uses. The buffer zone shall consist of a minimum ten foot (10') landscaped setback from the abutting property line and shall include a minimum of one (1) tree per eight hundred (800) square feet and adequate fencing approved by the Planning Commission. These requirements may be increased if, at the discretion of the Planning Commission, additional screening is deemed necessary to protect and buffer adjacent sites.

      2.   Street Frontage Tree Requirements: For areas adjacent to public street frontage, trees shall be provided at the equivalent of one (1) tree per every thirty (30) linear feet. Street frontage trees may be clustered or spaced linearly in the park strip as determined appropriate by the Town Planner.

      3.   Minimum Number Of Trees: A minimum of one (1) tree per every eight hundred (800) square feet of landscaping is required for all areas that are not on street frontage but adjacent to residential areas.

   E.   Residential Lots: The area requiring landscaping shall be the front yard. No less than one thousand six hundred (1,600) square feet in front of the house shall be landscaped with fifty percent (50%) live vegetation and substantial live plant material, such as plants, shrubs, sod, etc. (no weeds will be included in the equation) and fifty percent (50%) non-living durable landscaping, such as sculptures, specialty paving, rocks, decorative walls, hard surface driveways, etc., for the purpose of beautifying the site. Trees that are planted shall be one (1) year old or older and at least one (1) tree chosen from the acceptable tree list. Exceptions to this planting formula may be granted by submitting an alternate plan to the Planning Commission for their approval.

   F.   Landscaping Agreement And Bond: The Town shall require a one thousand dollar ($1,000.00) cash bond to be paid to the Town as part of the Landscape Agreement. The one thousand dollar ($1,000.00) cash bond and other required fees will be paid at the time that the building permit fee is paid. The money will be put in escrow and the landscaping shall be completely installed within six (6) months after issuance of the occupancy permit for the corresponding building permit. If landscaping meets all the requirements and there is money left in the escrow account, that amount will be refunded. If the builder does not meet the requirements, the money in escrow will be forfeited to the Town for trees and landscaping on public property and public rights-of-way in order to offset the deleterious effect of non-compliance.

   G.   Maintenance: The owner and/or occupants of the parcel shall permanently maintain the required landscaping. All landscaping shall be maintained in healthy, neat and orderly conditions, free of weeds and litter. All specialty paving, as well as paved areas and walls or fences, shall be in good condition without broken parts, holes, potholes or litter. Maintenance includes watering, mowing, proper pruning, fertilizing, the removal and replacement of dead plant materials in a timely manner and the maintenance of any irrigation systems. (Ord. 17-02, 3-16-2017)