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and directory shall be equipped with a lighting system adequate for nighttime visibility.

• 17.10.180 NOISE HAZARDS

  1. Intent

     • b. Noise hazard provisions are intended to protect public health, safety, and welfare by identifying high noise areas in the City and establishing regulations to mitigate those identified high noise levels.

     • c. The noise hazard provisions shall be applied to those areas where the projected Community Noise Equivalency Level (CNEL) is 65 decibels, 65 dB(A) or greater.

  2. Development Standards

     • a. Whenaland use application or development permit is proposed within the 65 dB CNEL noise contour and such a proposed use or noise associated with such a use is adjacent to a residential zone district or residential use, the following standards shail apply:

       • (1) Noise levels shall be identified. An acoustical report shall be performed to identify noise impacts and any recommendation for noise attenuation or other mitigation measures to be incorporated into the Engineering Design Standards or conditions of approval as applicable.

       • (2) Interior noise levels in residences dwelling units and educational institutions shall not exceed 45 dB(A) CNEL emanating from sources outside of the affected building.

       • (3) Exterior noise levels in residential land use areas shall not exceed 65 dB(A) CNEL.

       • (4) Ability to mitigate exterior noises to the levels of 65 dB(A) CNEL shall be considered by the reviewing authority when determining the actual CNEL level with which the land uses must comply.

       • (5) In areas where noise exceeds the noise standard, steps shall be taken to mitigate noise levels, An acoustical report identifying mitigation measures shall be required and reviewed by Environmental Health Services Department prior to issuance of any required development permits or approval of land use applications.

       • b. Allother structures shall be sound attenuated against the combined input of all present and projected exterior noise to not exceed the following criteria:

       • d. _in addition, the average of the maximum levels on the loudest of intrusive sounds occurring during a 24-hour period shall not exceed 65 dB(A) interior.

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• (2) Outdoors vending machines or displays, including weighing scales, when accessory to a business conducted within a building.

• (3) Lumber/material yards in conjunction with a principal retail store and contractor supply yards. .

• (4) Products generally described as being outdoor materials used for lawn, garden, and patio purposes such as border materials, patio

• . furniture, pottery, barbecues, trellises, and lawn mowers; and for agricultural purposes such as motorized farm equipment and the like, provide such material is accessory to an established retail business and is displayed in an orderly manner where said material is accessible to the general public and is displayed for the purposes of sale. Not more than fifty (50) percent of all private property used for such display shall be utilized.

, and lawn mowers; and for agricultural purposes such as motorized farm equipment and the like, provide such material is accessory to an established retail business and is displayed in an orderly manner where said material is accessible to the general public and is displayed for the purposes of sale. Not more than fifty (50) percent of all private property used for such display shall be utilized.

• (5) Automobile dealership sales, leasing, and rental display and automobile storage lots.

• (6) Dealership sales leasing, and rental display of mobilehomes, farm equipment and recreational vehicles including, but not limited to travel trailers, motorcycles, and boats.

• (7) Outdoor storage of materials and products associated with an established business if said storage of materials and products is completely screened from view from the public right-of-way and from adjacent properties. Said screening shail be subject fo approval by the Planning Director and shall conform to the provisions of Section 17.2.80 (Design Review) of this Title.

• (8) Nurseries, garden supply stores, floral stores and sale of timely holiday products such as Christmas trees, pumpkins, and the like.

• (9) Recycling facilities subject to Section 17.11.190 (Recycling Facilities) of this Title

• (10) Automotive Washing (seif and full service).

• (11) Items listed in an approved conditional use permit that are associated with an existing or proposed building materials store or hardware store.

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• (12) Commercial recreational facilities including, but not limited to miniature golf, water slides, and similar uses.

• (13) Other uses determined by the Planning Director to be similar to and no more objectionable than those uses listed in this Subsection 47.10.220.1.a above in accordance with the provision of Section 17.1.80 of this Title.

b. Employment Districts

• (1) All uses listed under Section 17.10.220.1.a above

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  - c. | The amount of land reserved will not make development of the remaining land held by the subdivider or developer economically unfeasible. 

2. ‘The City shall, at the time of approval of a final map, parcel map, or approval of other residential, commercial, or industrial development, enter info a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of filing the tentative map, or other development request, plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider or developer in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. If the City fails to enter into such a binding agreement, the requirement of reservation shall automatically terminate.

• 17.10.250 REFLECTIVE MATERIAL

Roofing materials that will be visible to the public from adjacent streets or property shall be of a non-reflective composition.

• 17.10.260 RELOCATED STRUCTURES

Structures may be relocated from one parcel to another subject to the following requirements:

1. | Upon relocation of a structure to a new parcel, the parcel, including the relocated structure, shall comply with all regulations of this Title including all development

standards, regulations, and restrictions for the use and the district in which the structure is to be relocated, including but not limited by this reference to building height, setback, parcel coverage, and unit density requirements.

2. The structure proposed to be moved or relocated shall be placed and/or reconstructed in the district within which it is to be located under all existing standards, regulations and restrictions.

3. Construction of residential structures proposed to be moved or replaced shall commence within thirty (30) days, and shall be completed within three hundred sixty-five (365) days, of the date the structure is relocated onto the property.

4. Prior to issuance of a building permit, a "Notice of Intent to Relocate" form, approved by the Building Official, shall be posted on the property proposed to contain the relocated structure for a minimum period of one (1) week.

« 17.10.270 RIGHT TO FARM PROVISIONS

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7. ‘Intent

It is the intent of this section to conserve, protect, and encourage the development, improvement, and continued viability of agricultural land and industries for the long-term production of food and other agricultural products;

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began. The term “agricultural activity, operation, facility, or appurtenances thereof" includes, but is not limited to: the cultivation and tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural commodity, including apiculture, horticulture, the raising of livestock, fur bearing animals, fish or poultry; and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market consistent with the provisions of this Title.

b. The City Engineer shall cause the notice described in subsection (a) to be included on any final land division proposed for recordation that lies partly or wholly within, or within three hundred (300) feet of any land zoned for agricultural purposes.

1. — Intent

The scenic resources regulations are intended to establish development Standards which protect, preserve and enhance the aesthetic resources of the City by incorporating design considerations which minimize interference with the preservation of unique natural resources, roadside views and scenic corridors. It is also the intent of the Scenic Resources regulations to implement state and federal programs and regulations regarding scenic highway routes.

2. Location Requirements

The Scenic Resources regulations may be applied to the following areas; areas with unique views of mountain and valley areas or any other aesthetic natural land formations.

3. Development Standards

Whena land use is proposed within a scenic area, the following criteria shall be used to evaluate the project compliance with the intent of the district:

a. _ Building and Structure Placement

The building and structure placement shall be compatible with and shall not detract from the visual setting or obstruct significant views.

b. Setbacks

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Intensive land development proposals, including, but not limited to, residential facilities, commercial, and industrial activities shall be designed to blend into the naturai landscape and maximize visual attributes of the natural vegetation and terrain. The design of such development proposals shail also provide for maintenance of a natural open space parallel to the right-of-way. This represents the visible land area outside the highway , right-of-way, which may be described as the "view from the road."

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2. Screening of Storage Areas Where permitted, all outdoor storage of materials, wares, crates, bottles, or similar items necessary to, oF part of a permitted land use within an industrial, commercial, or special district shall be screened from view on at least three (3) sides by a solid opaque impact-resistant wall not less than five (5) feet in height, and on the fourth side by a solid opaque impact-resistant gate not less than five (5) feet in height or, alternatively, such other material or design approved by the Planning Director.

3. Screening of Refuse Storage Areas Outdoor trash receptacles for multiple family and nonresidential uses shall be of sufficient size to accommodate the trash generated by the uses on the parcel(s) being served. All outdoor storage of trash, garbage, refuse, and other items or material

. intended for discarding or collection shall be screened from public view on at least three (3) sides by a solid decorative wall not less than five (5) feet in height or, alternatively, such other material or design approved by the Planning Director. The fourth side shall contain an opaque gate maintained in working order and shall remain closed except when in use.

17.10.300

SETBACK REQUIREMENTS

Unless otherwise specified in this chapter, Chapter 47.20.11 (Specific Use Development Standards), or Chapter 47.12 (Performance Standards), front, side, and rear setbacks for structures shall be maintained in accordance with the regulations of the district within which the structure is located.

• 17.10.310

SIGNS

Unless otherwise specified within Chapter 17.12 (Performance Standards), signs shall comply with the provisions of Chapter 17.14 (Sign Requirements).

• 47.10.320

SOIL REPORTS

1. Apreliminary soils report, prepared bya geotechnical engineer registered in the State of California, based upon adequate test borings, shall be required for every subdivision for which a final tract map is required, and may be required by the City Engineer for other development applications.

2. In the event the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, could lead to structural defects, a soils investigation of each lot, parcel, or building site in the subdivision of development may be required. Such soils reports must be performed by a geotechnical engineer, registered in the State of California, who shall recommend a corrective action likely to prevent structural damage to each structure proposed to be constructed in the area where such an identified soils problem exists.

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• (6) Exterior collector surfaces shall have a matte finish, and shall be color-coordinated to harmonize with roof materials or other dominant colors of the structure.

• (7) Any pool or spa facilities, other than those intended for a single family detached residence, shall be provided with a solar cover or solar water heating system.

• b. Passive Solar Design in accordance with Section 66473.1 of the Subdivision Map Act. The design of a subdivision for which a tentative map is required pursuant to Section 66426 of the Subdivision Map Act, or other development, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the development. Examples of passive or natural heating opportunities in subdivision design, oF within other development include, but are not limited to:

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• (1) Design of lot size and configuration to permit orientation of structures in an east-west alignment for southern exposure.

• (2) Design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

• c. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision or within other residential, commercial, or industrial development for which a subdivision is not involved, consideration shall be given to local climate, contour, configuration of the parcel to be developed, and to other design and improvement requirements. However, such provisions shall not result in reducing allowable densities or the applicable planning and zoning regulations in force at the time the tentative map or other developmentis filed. -

• d. The requirements of this section do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

4. Purpose and intent The City must divert fifty percent (50%) of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities, pursuant to Chapter 18, Part 3 of Division 30 of the Public Resources Code (California Solid Waste Reuse and Recycling Access Act of 1991). Diverting fifty percent (50%) of all solid waste requires participation by residential, commercial, industrial, and public sectors. The lack of adequate areas for collecting and loading recyclable and green waste materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitufes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities. This section has been developed to meet that need.

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• areas shall, ata minimum be sufficient in capacity, number, and distribution to serve that portion of the project that said tenant leases.

• i. Any costs associated with adding recycling and green waste space to existing projects shall be the responsibility of the party or parties who are responsible for financing the alterations.

• 3, Guidelines for all Development Projects a. Recycling areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, in accordance with such standards.

• b. The design and construction of recycling and green waste areas shall not prevent security of any recyclable and green waste materials placed therein.

• c. The design, construction, and location of recycling and green waste areas shall not be in conflict with any applicable federal, state, or local laws relating to fire, building, access, transportation, circulation, or safety.

• d. Recycling and green waste areas, or bins and/or containers placed therein, must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.

• e. Driveways and/or travel aisles shall, ata minimum, conform to local building code requirements for garbage collection access and clearance. in the absence of such building code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel.

• f. A sign clearly identifying all recycling, green waste, and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the collection areas.

• g. Developments and transportation corridors adjacent to recycling and green waste areas shail be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to maintaining adequate separation, fencing, and landscaping.

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4. Additional Guidelines for Single Tenant Development Projects

   • a. Areas for recycling and green waste shall be adequate in capacity, number, and distribution to serve the development project.

• b. Dimensions of the recycling and green waste area shall accommodate receptacles sufficient to meet the recycling needs of the development project.

  • c. An adequate number of bins or containers to allow for the collection and loading of recyclable and green waste materials generated by the development project should be located within the recycling area.

5. Additional Guidelines for Multiple Tenant Development Projects a. Recycling and green waste areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development

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17.10.360 STREET LIGHTING AND TREE PLANTING

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4. Street Lighting a. _ The provision of street lights shall be required for all tentative tract maps and other residential, commercial, or industrial developments. Street lights shall be placed in accordance with improvement standards approved by City Council.

b. Ata minimum, a subdivider or developer of a residential, commercial, or industrial development shall construct or enter into an agreement to construct, prior to acceptance and approval of a final map or equivalent approval if a subdivision is not involved, a street lighting system of a utilityowned ornamental system consisting of standard ornamental electroliers customarily furnishedthe City Engineer; or by the utility or; other design approved by the utility and

c. The subdivider or developer of a residential, commercial, or industrial development shail be liable for and shall pay charges of such utility attributable to such installation.

d. Installation of street lighting shall be underground and shall be in accordance with plans and specifications of or as approved by the serving utility and the City Engineer.

2. Front Yard Tree Planting a. _ All land divisions governed by this section, Section 17,2.80.6.f of this Title, or by Title 16 of the Municipal Code, shail be required to planta minimum of one (1) tree per parcel frontage prior to final building inspection based on the following standards: (1) Trees shall be chosen from the approved City of Maricopa Street Tree List for trees, shrubs, and ground covers. Each choice should reflect consideration of the geographic zone involved.

   • (2) Trees shall be located a minimum often (10) feet from driveways and from any public sidewalk.

   • (3) Forcorner lots, street trees shall be required on both street frontages, provided such planting does not interfere with sight distances and setbacks. .

   • (4) Exceptions to street tree planting may be permitted by the Planning Director in cul-de-sacs and on those lois where proper spacing is not possible. Requests for exception shall be made, in writing, to the Planning Director.

   • b. The proposed location of all street trees shall be indicated on the site plans submitted to the Planning Director for comment and final approval.

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Except as provided in this Title, the following utility lines, existing and proposed shall be installed underground in conjunction with new development projects. Said undergrounding of utility lines shall include, but not be limited to, all new electrical distribution lines, existing electrical distribution lines of 35,000 Volts or less, telephone lines, street light service lines, cable television and similar service wires or cable as which:

• a. provides new service fo the property being developed,

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• b. are existing and located within the boundaries of the property being developed;

• c. are existing between the property line and the centerline of the peripheral streets of the property being developed; or

• d. are along the project perimeter boundary.

2. Responsibility for Compliance Arrangements, including payment of all costs, for undergrounding utility lines shall be made by the developer or owner of the property to be developed with the serving utility company(s). Undergrounding of utility lines and structures may be done by the developer, or owner, with permission from the serving utility.

3. Timing of Compliance

Undergrounding shail be completed;

• a. _ prior to the inspection approval of related street improvements; or

b. — prior to building occupancy if no related street improvements are required.

4. Generai Exceptions The following exceptions shall apply:

• a. Temporary overhead utility lines including necessary service poles, wires, and cables may be permitted and installed to the satisfaction of the Building Official for the period during which authorized construction is continuing for which valid building permits have been issued. All temporary overhead utility lines shall

• , be removed prior to the issuance of the Certificate of Occupancy. b. Appurtenances and associated equipment including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts from an underground system, may be placed above ground and installed to the satisfaction of the City Engineer.

• c. Inestablished residential areas where overhead utility ines presently exist along or near lot lines and where an in-fill single family dwelling unit is being developed on a single lot, or where an in-fill two family or duplex dwelling unit is being developed on a single lot overhead utility lines may be permitted and installed to the satisfaction of the City Engineer.

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1. Definitions The following phrases used in this Ordinance shall have the meanings as set forth below: a. “Anti-Drain Valve" or “Check Valve" shall mean a valve located under a rinkler head to hold water in the system so it minimizes drainage from the lower jevation sprinkler heads.

b. “Application Rate" shall mean the depth of water applied to a given area, usually measured in inches per hour.

C. "Automatic Controller" shall mean a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of a water application.

d. "Backflow Prevention Device" shall mean a safety device used to prevent pollution or contamination of the water supply due fo the reverse flow of water from the irrigation system.

e. “Common Open Space" shall mean the open space within a development that is common to more than one structure often under the control of a homeowners association or assessment district. Common Open Space may include recreational facilities and landscaping.

f. “Ecological Restoration Project" shall mean a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

g. "Emitter" shall mean drip irrigation fittings that deliver water slowly from the system to the soil.

h. "Established Period" shall mean the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.

i. "Establishment Period" shall mean the first year after installing the plant in the landscape.

j. "Hydrozone" shall mean a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone.

kK. “Infiltration Rate" shall mean the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

1. "Landscaped Area" shall mean the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes - such as decks and patios, and other non-porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated io edible plants, such as orchards or vegetable gardens are not included.

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• ce, “Static Water Pressure” shall mean the pipeline or municipal water supply pressure when water is not flowing.

• dd. "Station" shall mean an area served by one valve or by a set of valves that operate simultaneously.

• ee. “Turf" shall mean a surface layer of earth containing mowed grass with - its roots. Annual Ryegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore paspalum, St. Augustine grass, Zoysiagrass, and Buffalo grass are warm-season grasses.

• ff. “/alve" shall mean a device used to control the flow of water in the irrigation system.

2. Applicability of Chapter a. This Chapter shall apply to all the following projects, except as provided in Subsection 17.10.4.10.2 herein below:

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• (1) All new and rehabilitated landscaping for public agency projects (2) Developer installed landscaping in new multi-family projects (3) All private development projects that require a permit or other entitlement from the City .

• b. Single family dwelling project or development which contains common open space landscaped areas, and then only as to said common open space landscaped areas within such a development.

• c. This Chapter shall not apply to:

  • (1) Landscaping for single-family dwellings,

  • (2) Cemeteries;

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• (3) Registered historical sites; (4) Ecological restoration projects that do not require a permanent irrigation system,

• (5) Any project with a landscaped area less than two-thousand five hundred (2,500) square feet;

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• (6) Schools, parks, golf courses, {7) Church yards where turf provides a playing surface or serves other recreational purposes.

• 3. Landscape Documentation Package a. A landscape documentation package conforming to the requirements of this section shall be submitted to the City as part of all applications for projects that are subject to this Chapter. No permit shall be issued until

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• QO. Acalculation of the total landscaped area including percentage of turfed areas proposed;

• p. Designation of recreation areas,

5. Irrigation Design Plan An Irrigation Design Plan meeting the following conditions shall be submitted as part of the Landscape Documentation Package.

   • a. Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff.

   • (1) Special attention shall be given to avoid runoff on slopes to avoid overspray in planting areas with a width less than ten feet, and in median strips.

   • (2) No overhead sprinkler irrigation systems shall be installed in median strips less than ten feet wide. ;

   • (3) The use of low gallonage sprinkler heads when mounding is incorporated into the landscape.

   • b. Each irrigation plan shall be drawn on project base sheets. It will be separate from, but the same format as, the Landscape Design Plan and the plan shall show location, type and size of all components of the irrigation system, including automatic controllers, main and iateral lines, valves, sprinkler heads, moisture sensing devices, rain sensing device, quick couplers, and backflow prevention devices.

   • Cc. Equipment.

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• (1) Water meters. All new water services installed shail be metered. Additional water services requested by the property owner for landscaping purposes shall be metered.

• (2) Controllers. Automatic control systems shall be required for ail irrigation systems and must be able to accommodate all aspects of the design.

• (3) Valves. Separate valves shall irrigate plants, which require different amounts of water. If one valve is used for a given area, only plants with similar water use shail be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.

• {4) Sprinkler heads. Heads and emitters shall have consistent applicationheads shall berates selectedwithin foreach propercontrol areavalve coverage,circuit.applicationSprinkler

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documents.

Owner Signature Date Note: Authority cited Section 65504, Government Code. Reference: Section 65597, Government Code.

Return to: Community Services Depariment 925 Ellington Street Maricopa, Ca. 93215; Phones (661) 724-3335 Fax: (661) 720-9760

7. Landscape Development Standards The following landscape development standards are hereby imposed on all projects subject to this Chapter: .

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• a. General Standards: (1) All exterior areas not set aside for parking, storage, driveways, and walkways or loading areas shall be landscaped. A minimum of five percent (5%) of the gross lot area shall be so utilized,

• (2) Landscaping shall be used to screen storage areas, trash enclosure, parking areas, public utilities and other similar land uses or elements which do not contribute to the enhancement of the surrounding area. Landscape screening shall be of a height and density so that it provides the desired effect within three (3) years growing time,

• (3) At least ninety percent (90%) of the plants selected in non-turf areas shall be well suited to the climate of the region and require minimal water once established. Up to ten percent (10%) of the plants may be of a non-drought tolerant variety, but shall be grouped together and irrigated separately. A plant list is available from the City Planning Department,

• (4) All landscaping plans shall be reviewed by the Planning Department as to type, density of planting and size of plants intended for use; and

• (5) All landscaping on public property and parks shall conform to standards adopted by the City Council on the recommendation of the Planning Director.

• b. Trees: (1} Planters with street frontage shall have a general minimum standard of one (1) fifteen (15) gallon tree for each twenty (20) feet of frontage; and

  • (2) Trees planted in parking lots shall be of a type that will form a full head on a single trunk.

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8. Parking Lot Shading Requirements Itis the purpose of this section to provide reasonable standards for landscaping of uncovered automobile parking areas. The standards as set forth are to promote an attractive visual environment, promote a transition between land uses, and reduce energy consumption in buildings and to decrease high summer temperature by blocking heat and glare. All automobile parking areas with a capacity of eight (8) parking spaces or more shall contain shade trees So that within fifteen (15) years of planting forty percent (40%) of the parking stalls and back-up aisles shall be in shade. This standard will require a minimum of one (1) tree well or planter at a maximum ratio of one (1) tree for each eight (8) parking spaces. When special circumstances OF 10-51 General Development Standards

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• (3) Within said model, there shall be located a drawing, or combination of drawings, providing a schematic and description of the landscaping and irrigation system, including a key identifying the common names of all plantings which are part of said landscaping.

11. Appeais Any party disagreeing with any decision of a City department pursuant to the provisions of this chapter may appeal such decision in writing within ten (10) days of such action to the City Council, Thereafter within thirty (30) days, the City Council shall hold a public hearing and rule on said appeal. The decision of the City Council shall be final.

12. Enforcement & Penalties

a. No certificate of occupancy shall be issued for any project for which landscaping is required pursuant to this Chapter, until all landscaping and improvements shown on the approved plans have been completed. The Planning and Building Department may issue a temporary certificate of occupancy, where completion of the landscaping work is delayed because of adverse weather. An extension may be granted upon execution of an agreement with the City and providing a cash deposit or letter of credit in an amount equal to the cost of completing the work. If modification or changes to submitted landscape plans have been previously approved, as-build plans shall be submitted prior to occupancy.

• b. Any violation of the provisions of this chapter shall be subject to the provisions of Sections 17.1.40 and 17.1.50 of this Title.

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