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(A) Time Limit
All landscaping, including mulching and seeding, shall be completed in accordance with the approved site and/or subdivision plan prior to issuance of a Certificate of Occupancy for the site, unless the Planning Director grants an exception to meeting this requirement due to extreme heat or cold conditions. The installation of these requirements shall comply with the required planting standards set forth in the Town's Community Appearance Manual and the soil erosion and sedimentation control provisions in Section 7.4. Installation of required landscaping (i.e., trees and shrubs) shall be strongly discouraged during the months of June 15th and September 15th. The use of alternative water source (other than public water) is encouraged to ensure plantings are healthy after first growing season. Projects which require installation of landscaping between June 15th and September 15th are required to have a landscape agreement in place prior to the issuance of a Certificate of Occupancy.
(B) Extensions and Exceptions
The Planning Director may grant exceptions and extensions to the above time limit in the following circumstances and under the following conditions:
(1) Exceptions may be granted due to unusual environmental conditions, such as drought, ice, over-saturated soil (deep mud), or inappropriate planting season for the plant species (plantings between June through August are strongly discouraged), provided that the developer or property owner provides the Town with a cash bond ensuring the installation of the remaining landscape materials. In such cases, the Planning Director may issue a conditional Certificate of Occupancy for a period of 30 to 180 days, depending on the Director’s recommendation for the next earliest planting season. The bond shall be accompanied by documentation of the estimated cost of the remaining landscaping to be completed. This documentation may be a landscaping contractor's bid or contract, a nurseryman's bill, or a similar document. The amount of the cash bond shall be one and one-half times the cost of the plant material yet to be installed, based on the highest estimate received.
(2) Exceptions may be granted due to the substitution or unavailability of plant species or acceptable plant size as specified on the site plan, provided that the developer or property owner provides the Town with a cash bond to ensure that the unavailable plants will be installed on the property. In such cases, the Director may issue a temporary Certificate of Occupancy for a term of up to 180 days or to the next planting season, whichever comes first. Only 20 percent of the plant materials to be installed on the property may be delayed and bonded under this exception. All such substitutions shall be marked on the "as-built" landscaping plans submitted to the Planning Director, and must be signed, dated, and approved by that Director prior to installation.
(3) Exceptions may be granted due to circumstances beyond the developer's or property owner's control, such as incomplete construction or utility work to occur in a proposed landscaped area within 30 days after expected site completion, provided that the developer or property owner submits a letter from the utility company stating the estimated installation date, and provides a cash bond to ensure installation of the required landscaping. In such cases, the Planning Department may issue a temporary conditional Certificate of Occupancy for a defined period not to exceed 30 days.
Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008
Note: This is not the official version of the Cary Land Development Ordinance