12 210 Chapter Compliance with Landscape Standards LANDSCAPE Franklin Zoning Ordinance Effective January 1, 2023 12.10 Compliance with Landscape Standards 12.10.1 Inspections The Department of Planning and Sustainability shall inspect the site prior to the release of any applicable performance agreement and again, after release of the performance agreement, to determine if the landscape material is living, healthy, installed, and/or properly maintained in accordance with the approved landscape plan and the standards in this Chapter. 12.10.2 Time Limits All landscape, including mulching and seeding, shall be completed in accordance with the approved development plan, site plan, preliminary plat, or building permit prior to issuance of a certificate of occupancy, unless a performance agreement and surety is in place pursuant Chapter 21, Performance Agreements. 12.10.3 Extensions The Department of Planning and Sustainability may grant extensions related to the installation of the landscape improvements due to: A. Unusual environmental conditions, such as drought, ice, over-saturated soil (deep mud), or inappropriate planting season for the plant species; B. The substitution or unavailability of plant species or acceptable plant size as specified on the landscape plan in cases where such materials are not commercially available within a reasonable time; C. Circumstances beyond the developer’s or landowner’s control, such as incomplete construction or utility work to occur in a proposed landscape area within 30 days after expected site completion, provided the developer or property owner submits a letter from the utility company stating the estimated installation date; or D. Other circumstance warranting extension in the opinion of the Department of Planning and Sustainability. 12.10.4 Maintenance A. The property owner shall be responsible for the maintenance of all required landscape areas on the lot. B. Street trees shall be maintained in accordance with this Chapter and the Municipal Code. C. Homeowners associations (HOAs) and property owner associations (POAs) are responsible for the maintenance of open space lots and medians associated with the development. Street trees associated with the development with a specified HOA or POA shall be maintained in accordance with this Chapter and the Municipal Code. D. Landscape areas shall be maintained in accordance with the approved landscape plan and shall present a healthy and orderly appearance free from refuse and debris. E. All plant life shown on an approved landscape plan used to meet a minimum standard of this Ordinance shall be maintained thereafter in a healthy growing condition and shall be replaced if it dies, is seriously damaged, or removed. F. Plants shall be maintained in a way that does not obstruct sight distances at intersections of streets or internal drives or driveways, obstruct traffic signs or devices, and/or interfere with the use of sidewalks or pedestrian trails. G. All required trees and shrubs used for screening purposes and buffering shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared or topped. Required trees shall
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