§ 48-486. Maintenance and replacement.

(a)

Maintenance. The owner shall be responsible for the maintenance of all buffering. All required landscaping and preserved areas shall be maintained in good condition so as to present a healthy and orderly appearance and shall be kept free from refuse and debris. This includes, but is not limited to, the replacement of plants damaged by insects, disease, vehicular traffic and vandalism. Once the required vegetation, excluding live oaks, reaches the specified height, routine maintenance may include the periodic removal of excess vegetation along the sides and top of the buffer using accepted horticultural practices. In no instances shall the required buffer be reduced in height below the specified height described in the article. The practice of "limbing up" shall be prohibited except to remove dead plant material and then only with specific authorization from the town zoning administrator.

(b)

The owner shall be notified in writing by the zoning administrator of the town of any required buffer not being maintained. Upon notification by the town for failure to maintain the buffering in a neat and orderly condition, the owner shall correct any defects in maintenance within ten days of notification by the town. Failure to maintain the buffering in a neat and orderly appearance, free of refuse and debris as described above within the allotted time period shall be grounds to subject the owner to a civil penalty or penalties in accordance with section 1-6, general penalty.

(c)

Replacement of vegetation. The owner shall be notified in writing by the zoning administrator of any vegetation which is damaged and needs to be replaced. All dead plants must be replaced as expeditiously as possible, but in no case longer than one year or the next planting season, whichever occurs first, as determined by the county agricultural agent. A property owner may also be allowed to voluntarily replace an existing buffer that is located adjacent to a public right-of-way with new plantings upon approval of a replanting plan by the zoning administrator. No more than 25 percent of existing site buffering shall be allowed to be removed and replaced within any 12-month period. Failure to replace dead or damaged vegetation as described above within the allotted time period shall be grounds to subject the owner to a civil penalty or penalties in accordance with section 1-6, general penalty.

(d)

Any dead, unhealthy, or missing plants must be replaced with vegetation which conforms with the initial planting standards of this article. The minimum height of plants used in the voluntary replanting of existing buffers must conform to the expected achieved plant height standards of this article.

(e)

If a plant is severely damaged due to either an unusual climatic weather occurrence as documented by the local agriculture extension agent or water-related emergency declared by the board of commissioners, the owner shall have two years from the event to replant.

(Code 1990, § 22-406; Ord. No. 04-07-026, § I, 7-7-2004; Ord. No. 05-06-017, § I, 6-1-2005)