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HomeMy WebLinkAbout2012-008 Council Ordinances1St Reading: 7/9/2012 Publication: 7/31 /201 2 2"d Reading: 7/23/2012 Effective: Ri-In/7n, 9 Council Membero' Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 8-12 AN ORDINANCE AMENDING SECTION 3.4.Q OF THE ZONING ORDINANCE TO REVISE LANDSCAPING AND BUFFER STANDARDS IN ACCORDANCE WITH THE 2030 COMPRHENSIVE PLAN Section 1 Findings Section 2, Subdivision 1 of the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of, and has been found to be consistent with, the official City Comprehensive Plan. The purpose of this amendment is to implement portions of the newly adopted 2030 comprehensive plan, and to clearly express the landscaping and buffer standards for future developments. 2. The proposed use is or will be compatible with present and future land uses of the area. The changes contained within this amendment will increase the compatibility between present and future land uses as appropriate landscaping and buffering will be provided for. 3. The proposed use conforms to all performance standards contained herein. This ordinance will reflect the goals of the comprehensive plan and will establish performance standards for new developments that occur within the city. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed amendment will make changes to the landscaping and buffering standards for new development and therefore will not have any impact on the public services or service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed amendment will not affect traffic generation, as it is creating performance standards for future development projects. The Lino Lakes Planning & Zoning Board held a public hearing on the amendment on June 13, 2012, and unanimously recommended approval of the amendment. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3.4.Q of the Zoning Ordinance be stricken and replaced with the language included in attachment A of this ordinance. Section 3 Zoning Ordinance and City Code Stand as Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 4 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Atte t: Julianne Ba II, CityClerk Jeff Reine t;yor Adopted by the Lino Lakes City Council this 23rd th day of ,T,lly 2012. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Roeser and upon a vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Stoesz, Reinert The following voted against same: Whereupon said ordinance was declared duly passed and adopted. STAFF ORIGINATOR: MEETING DATE: TOPIC: CITY COUNCIL AGENDA ITEM 6E Paul Bengtson July 23, 2012 Zoning Ordinance Text Amendment — Landscaping Standards i. Second Reading: Ordinance Number 08-12 11. Resolution Number 12-67, Summary for Publication VOTE REQUIRED: 3/5 (Roll Call for Ordinance) INTRODUCTION As a part of the 2030 Comprehensive Plan process the City Council engaged the planning consulting firm Stantec to also complete a thorough review of the landscaping standards included in the Zoning Ordinance to make sure they are consistent with the 2030 Comprehensive Plan and ensure a continued quality of development in the city. SCHEDULE OF ACTIONS: PLANNING & ZONING BOARD (PUBLIC HEARING) CITY COUNCIL WORK SESSION CITY COUNCIL FIRST READING CITY COUNCIL SECOND READING ACTION DEADLINE BACKGROUND JUNE 13, 2012 JULY 2, 2012 JULY 9, 2012 JULY 23, 2012 STAFF INITATED The City Council voted unanimously to approve the first reading of the draft ordinance language at the July 9, 2012 meeting. The language is unchanged from that seen on July 9, 2012. The landscaping requirements are composed of five distinct standards: Canopy Cover, Foundation Landscaping, Open Area Landscaping, Buffer and Screening, and Boulevard Trees. RECOMMENDATION Staff and the Planning and Zoning Board recommend adoption of the ordinance language. ATTACHMENTS 1. Ordinance Number 08-12 2. Resolution Number 12-67 ATTACHMENT A Q Landscaping, Screening and Tree Preservation Standards Purpose. To establish landscaping and tree preservation standards to promote high quality site development, compatibility of uses, biodiversity, tree preservation, and to enhance the health, safety and general welfare of the residents of the community. a. Definitions. For the purpose of the Landscaping, Screening and Tree Preservation Standards, the following definitions shall apply: Basic Use Area. Area dedicated to site's use, including buildings, parking, loading, driveways, streets, outbuildings, trash enclosures, utilities, landscaping, and grading necessary for the construction of the above uses. Surface water detention ponds are not part of the basic use area. Biodiversity. The variety, distribution and abundance of living organisms in an ecosystem. Damage. Action or inaction which does not follow good arboriculture practices. Damage may include damage inflicted upon roots by machinery, changing the natural grade above the root system or around the trunk, destruction of the natural shape or any action which causes infection, infestation or decay. DBH. Diameter at breast height, typically measured at 4'-6' above the ground. Detention Area. Area of a detention pond from the normal water level and up the side slopes to 10' offset from the high water level. Disturbance. Any construction, development, removals, earth movement, clearing or other similar activity. Drip Line. Imaginary line on the ground that is extended straight downward from the outermost edge of the canopy. Foundation Landscape Zone. Within 15' of the building. Invasive Species. A plant non-native to the local ecosystem which exhibits, or has the potential to exhibit, uncontrolled growth and invasion or alteration of the natural functions of any native habitat. Large Shrub. Large shrubs have a mature height over 6'. Large Tree. Over story deciduous trees with a mature height of at least 40'. Medium Shrub. Medium shrubs have a mature height of 3'-6'. Medium Tree. Deciduous trees with a mature height over 18' and up to 39'. Removal. Actual removal or effective removal through actions resulting in the death of a tree. Root Protection Zone. A protected area around an existing tree established by offsetting the drip line 5' away from the tree center. Screen. A barrier that hinders sight and, potentially, access. Small Shrub. Small shrubs have a mature height of less than 3'. Small shrubs are interchangeable with perennials, ornamental grasses and groundcovers to fulfill landscape standards. Small Tree. Understory deciduous trees with a mature height of 18' and under. Tree. Any self supporting woody plant, growing up the earth with one trunk of at least 3" dbh, or a multi -stemmed trunk system with a definitely formed crown. Undesirable Tree. Trees that are dead, diseased, structurally weak, invasive or trees that are hazardous to people, infrastructure or buildings. 2. Landscaping Standards. New residential platted subdivisions, mixed use, commercial, institutional and industrial uses shall be subject to the landscaping standards unless specifically excepted. The landscape standards have been divided into five categories: Canopy Cover, Foundation Landscape, Open Areas Landscape, Buffer and Screen, and Boulevard Trees. Projects shall comply with the applicable requirements of all five categories. 3. Canopy Cover Standards. The purpose of this requirement is to mitigate the effects of vehicular hardscape by establishing tree canopy cover to intercept rainfall, protect pavement from sun deterioration, reduce the heat island affect, and improve aesthetics. Vehicular hardscape areas includes loading drives, parking lots, driveways, drop- offs and other areas covered with a hard surface intended for vehicles. Canopy cover requirements do not apply to single family residential development, nor to multi -family residential development without surface parking other than individual unit driveways. a. The required minimum canopy coverage for all uses is 40%. b. The following equation shall be used to calculate required canopy coverage: Vehicular Hardscape (Square Feet) x Canopy Cover Percent = Required Minimum Canopy Cover (Square Feet) The total of the assigned canopy coverage values for all the trees in or near the vehicular hardscape must be equal or greater than the required minimum. Pervious pavements are considered 50% hardscape. c. The assigned canopy coverage value of each tree is based on planting location, tree size and anticipated tree canopy size 15 ci • —i ' -- Large trees in an island containing 3 more trees are given additional Canopy Vakie. See Canopy Coverage Table. i years after planting. The assigned canopy cover value to each deciduous tree is described in the following table and illustrations: Assigned Canopy Cover Value Planting Location (for new trees) Assigned Canopy Coverage Value ctf co a) o ° o 44— >% O . CO Large Tree Medium Tree Small Tree l� Existing Tree: 6 — 12" dbh Existing Tree: 12+"dbh d. Interior parking lot islands 100% of the canopy square footage 950 SF (or 1200 SF in islands of 3 or more trees) 500 SF 250 SF 1900 SF 2850 SF Within Tess than 7' of vehicular hardscap e edge 50% of the canopy square footage 600 SF 250 SF 125 SF 950 SF 1425 SF 7'-12' from vehicular hardscap e edge 25% of the canopy square footage 300 SF 125 SF NA NA NA Trees surrounded by hardscape on 3 sides are valued at 100% Canopy. Trees with access to planting soil outside of the island are required to meet soil volume requirements for a shared bed. Trees in interior islands are valued at 10004 Canopy Existing trees may be used to fulfill canopy coverage, as described in Section 3.Subd. 4.Q.8, when the drip line has proximity to the edge of the hardscape; therefore, existing trees do not need to be within Tess than 7' feet of the vehicular hardscape edge. 4 Foundation Landscape Standards. The purpose of these standards is to soften and enhance building architecture, define access points, add color and seasonal interest, and to blend buildings in with the natural environment. Foundation Landscaping Standards do not apply to single family residential development. a. The foundation landscape planting standards are described in the following table: Foundation Landscape Standards Pe 100 linear feet (LF) of Building* Location Trees and Shrubs Rear and Side 1 large 3 Targe Fron and Street 2 Targe 6 large * Rounded to the nearest tenth, with a minimum factor of one. b. Round all calculations to the nearest whole number of plants. c. The required plant materials shall be planted in the foundation landscape zone adjacent to the building face where the requirement applies. The City may allow flexible planting locations where service areas or other constraints make the standards difficult to meet. d. Existing trees may be used to fulfill the Foundation Landscape Standards as described in Section 3 Subd.4.Q.8. e. Smaller landscape materials may be substituted at the following rates: 1 Large Tree = 1.5 Medium or 2 Small Trees 3 Large Shrubs = 5 Medium or 10 Small Shrubs f. The design of landscaping for ground areas under the building roof overhang must take into account the potential effects of runoff from the roof edge. 5. Open Areas Landscape Standards: The purpose of these standards is to provide general site beautification and high aesthetic quality with a mix of plant materials in open areas. Open areas include disturbed site areas, such as cul de sac islands, boulevard medians, storm water management areas, common areas in multifamily sites that are not for recreation facilities, and disturbed areas that are not located within the foundation landscape zone, vehicular hardscape area or the building footprint. Open Area landscaping standards do not apply to single family residential lots. Open areas landscaping shall meet the following standards. a. The open areas planting standards are described in the following table: Open Areas Landscape Standards Trees and; Shrubs Per 2000 SF* 1 Targe 3 large * Rounded to the nearest tenth, with a minimum factor of one. b. Round all calculations to the nearest whole number of plants. c. Only land above the normal water level shall be included in the open area calculation for storm water detention areas. Planting shall be located above the normal water level in detention areas. The City may require specific tree species in locations where water levels vary. d. Existing trees may be used to fulfill Open Areas Landscape Standards as described in Section 3, Subdivision 4.Q.9. e. Smaller landscape materials may be substituted at the following rates: 1 Large Tree = 1.5 Medium or 2 Small Trees 3 Large Shrubs = 5 Medium or 10 Small Shrubs f. Areas that are included in a project -specific natural resource management plan that addresses vegetation are not subject to the open areas landscaping standards. 9. All lot areas not used for off-street parking, off-street loading, sidewalks, driveways, building sites or other requirements shall be landscaped with grass, shrubs, trees or other acceptable vegetation or treatment as required by this chapter prior to issuance of a certificate of occupancy. Exceptions to this requirement are listed in Section 3, Subdivision 4.Q.14. 6. Buffer and Screen Standards: The purpose of this requirement is to separate and buffer different land use types, screen roads and parking, and screen utility and loading areas. The location of buffers and screens are listed below, while the width of the buffer yard can be found in the respective zoning districts. Buffers and screens shall meet the following standards. a. Required screen location, height, and materials are described in the following table: Landscape Screen Location, Height and Materials Location Required Screen Height Required Screen Materials Location Required Screen Height Required Screen Materials Between a parking lot and public right of way or sidewalk 30 inches • Year round continuous planting screen in accordance with paragraph 6.b. Or • A combination of berm and year round continuous screen in accordance with paragraph 6.b. Between residential uses and arterial or collector road 6 feet • Year round continuous planting screen in accordance with6.b. Or • Wall or fence and plantings shall provide shrub cover for 50% of the wall or fence on the exterior side Or • A combination of berm and year round continuous screen in accordance with paragraph 6.b. Between any development and adjacent, Tess intense, residential land uses (this includes across a street from residential) Between loading/service area and public view Outdoor Storage Yards 8 feet • A wall or fence of permanent materials and planting shall provide shrub cover for 50% of the wall or fence on the exterior side. At its discretion, the City Council may approve a modification or waiver from these standards where the affected property line adjoins another industrial property. b. All continuous year round planting screens shall require at a minimum a double row of plants with triangulated spacing. See illustration. Planting plans shall include species which are sized to appropriately screen visibility within five years of planting. Small shrubs shall be a planted at a maximum interval of 3' on center; medium shrubs shall be planted at a maximum interval of 4' on center; and large shrubs shall be planted at a maximum interval of 6' on center unless; otherwise authorized by the City. c. A wall or fence intended to provide a continuous year round screen shall block visibility completely. d In addition to the shrub cover required in the table above, all screens shall be planted with large trees every 50 LF, medium trees every 35 LF, or small trees every 25 LF or some combination thereof, along the length of the screen. e. Existing vegetative screens should be left in place unless composed of invasive species or otherwise directed by the City. Existing screens may be enhanced with new plantings to comply with the standards. f. Berms shall be irrigated, have maximum side slopes of 3:1, and have no less than four (4) inches of topsoil. g. Permanent walls and fences shall be offset by a minimum of 2' at intervals of 75' maximum length for stability and visual relief. See illustration. h. Approved permanent wall/fence materials shall include wood, metal, masonry, concrete stone, or other prefabricated and/or sustainable materials. Non -decorative concrete block is prohibited for screening walls: rock face block or other decorative material is required for masonry walls. Chain link fences with slats are prohibited for screening walls. Maintenance of the required buffer strip planting and/or fence shall be the responsibility of the individual property owners or, if applicable, the homeowners association. 7 Boulevard Tree Standards: a. Boulevard trees are required at the rate of one tree per 70 linear feet of road frontage where property fronts any public road. The City shall collect a standard fee per tree based on the estimated market rate cost to purchase and install trees within the development site. b. Existing trees may be used to fulfill boulevard tree standards at the City's discretion. 8. General Landscaping Standards: a. Desirable existing trees may be used to fulfill Canopy Cover, Foundation Landscape and Open Areas Landscape standards if applicable by placement. Desirable existing trees are valued according to the following table: Existing Tree Value b. Plantings may be grouped if part of an approved landscape plan. c. Standards may be met with different sizes of trees and shrubs. d. New trees may fulfill Canopy Coverage, Foundation Landscape and Landscape Screen standards simultaneously if applicable by placement. e. An existing tree is considered to be removed if the tree trunk is damaged or if more than 30% of the drip line area is disturbed during the construction process. f. The City may allow flexibility in landscape standards if there are conflicts with solar power, wind power, water harvesting, food production or other innovative measures proposed for the site. g. The landscape plan shall be compared to all applicable CPTED (Crime Prevention Through Environmental Design) standards and reviewed by the police department. h. Trees and shrubs shall not be planted in the right of way without City authorization and shall not be planted in easements without authorization from the holder of the easement. Turf slopes in excess of three to one (3:1) are prohibited. 9. Tree Preservation and Mitigation Standards: The purpose of these standards is to protect valuable trees and stands of vegetation, while not interfering with landowners' reasonable use and development of property. The goal is to minimize unnecessary Toss of habitat, biodiversity and forest resources and to replace removed trees in areas where tree cover is most critical. Unless specifically excepted, tree preservation and mitigation standards apply to all plats, site plans, conditional use permits, interim use permits, grading, building, and other activity that requires a city permit or approval. deciduous'° deciduous trees deciduous trees under between 6"- trees over Tree 6" DBH or 12" DBH or 12" DBH or Size evergreen evergreen evergreen trees under trees trees over 20' 12' tall between tall. 12'-20' tall Tree Value 1 Targe tree 2 large trees 3 large trees b. Plantings may be grouped if part of an approved landscape plan. c. Standards may be met with different sizes of trees and shrubs. d. New trees may fulfill Canopy Coverage, Foundation Landscape and Landscape Screen standards simultaneously if applicable by placement. e. An existing tree is considered to be removed if the tree trunk is damaged or if more than 30% of the drip line area is disturbed during the construction process. f. The City may allow flexibility in landscape standards if there are conflicts with solar power, wind power, water harvesting, food production or other innovative measures proposed for the site. g. The landscape plan shall be compared to all applicable CPTED (Crime Prevention Through Environmental Design) standards and reviewed by the police department. h. Trees and shrubs shall not be planted in the right of way without City authorization and shall not be planted in easements without authorization from the holder of the easement. Turf slopes in excess of three to one (3:1) are prohibited. 9. Tree Preservation and Mitigation Standards: The purpose of these standards is to protect valuable trees and stands of vegetation, while not interfering with landowners' reasonable use and development of property. The goal is to minimize unnecessary Toss of habitat, biodiversity and forest resources and to replace removed trees in areas where tree cover is most critical. Unless specifically excepted, tree preservation and mitigation standards apply to all plats, site plans, conditional use permits, interim use permits, grading, building, and other activity that requires a city permit or approval. a. Tree preservation and mitigation standards are described in the following table: Tree Preservation and Mitigation Standards Environmentally Sensitive Area (ESA) Category Tree Location: within Basic Use Area deciduous trees 6" dbh and over or evergreen trees between 12'-20' tall Tree Location: not within Basic Use Area deciduous trees 6-12" dbh or evergreen trees between 12'-20' tall deciduous trees over 12" dbh or evergreen trees over 20' tall Non -ESA no mitigation required provide one tree per tree removed provide two trees per tree removed Natural Resource Conservation Area or Natural Resource Corridor Enhancement Area provide one tree per four trees removed provide two trees per tree removed provide three trees per tree removed Natural Resource Protected Area provide one tree per two trees removed provide two trees per tree removed provide three trees per tree removed b. Trees used for mitigation may also fulfill the Open Areas Landscape Standards at the discretion of the City. c. Trees with thirty percent (30%) of the roots damaged are considered to be removed and must be mitigated for at the applicable rates. d. Undesirable trees are not subject to the Tree Preservation and Mitigation Standards. e. On existing lots with existing buildings where no building or development activity that requires a permit or approval from the City is occurring, the removal of trees is not subject to tree preservation and mitigation standards. f. Replacement trees shall be planted on site. g. The applicant may request to pay a fee per tree in lieu of some or all of the trees required for mitigation. At the City's discretion, the City may accept the fee for planting trees within the general area of the development project. The City shall maintain a standard fee per tree based on the estimated market rate cost to purchase and install trees. 10. Landscaping Guidelines and Technical Specifications: The selection, installation and maintenance of all planting materials shall be in accordance with the City's Landscaping Guidelines and Technical Specifications Manual. 11. Tree Survey: a. A tree survey is required for all property that contains a deciduous tree greater than 6" dbh or an evergreen tree greater than 12' tall. b. The tree survey shall be the basis for the tree preservation plan, tree mitigation standards, and the use of existing trees to fulfill landscape standards. c. The tree survey shall provide the following information: 1) In the basic use area and other areas where tree removal is proposed, for all deciduous trees over 6" dbh and all evergreen trees greater than 12' tall: a) tree species b) size c) location d) drip line e) tree condition 2) the location of the combined drip lines of all tree stands designated for preservation on the development property 3) on adjacent properties, the drip line of deciduous trees over 6" dbh and evergreen trees greater than 12' tall where the drip line is within 5' of the development property. d. For a new plat or new Planned Unit Development, the tree survey shall be one plan sheet and the tree preservation plan shall be a separate plan sheet. e. For a building permit for a new structure on an existing lot, the tree survey and preservation information may be included on the lot survey typically required for a building permit instead of on a separate document. For a building permit for an addition to an existing structure, the tree survey information may be provided in an informal medium that sufficiently conveys the information. f. At the City's discretion, the tree survey requirement may be waived under the following circumstances: 1) Deciduous trees greater than 6" dbh or evergreen trees greater than 12' tall will not be removed and are not likely to be impacted by construction. 2) Deciduous trees greater than 6" dbh or evergreen trees greater than 12' tall will only be removed within the basic use area and the basic use area is not an ESA. 12. Tree Preservation Plan: a. A tree preservation plan shall be required for all soil disturbance activities where Tree Preservation and Mitigation Standards apply. A tree preservation plan shows how the Tree Preservation and Mitigation Standards will be met and how preserved trees will be protected during construction and other potentially harmful activities. b. The tree preservation plan shall be based on the tree survey. c. If a tree survey shows that no desirable deciduous trees over 6" dbh or evergreen trees greater than 12' in height on the development property or adjacent properties are near the construction area, the City may waive the tree preservation plan requirement. d. A tree plan shall identify: 1) The basic use area. 2) The disturbance area. 3) Tree size (dbh), species, condition, location, and root protection zone (5' out from the drip line) for all deciduous trees over 6" dbh or evergreen trees greater than 12' tall to be preserved, or; The combined root protection zone of all stands of trees designated for preservation, whichever is applicable. 4) Location and type of tree protection fence. 5) Staging areas. 6) Temporary construction access routes when temporary site access is necessary within root protection zone of any tree or tree stand designated for preservation. Temporary access shall be routed in a manner that is least disruptive to the tree or tree stand per the approval of the City Forester.. ii. Temporary access roads shall not exceed twenty- five (25) feet in width and shall be delineated by snow fencing or safety fencing. iii. An eight (8) inch deep cover of wood chip mulch shall be placed over the temporary access road to cushion the root protection zones from compaction. 7) Concrete washout areas. 8) Existing and proposed grading. 9) The plan shall show directional felling and trenching to separate root systems prior to bulldozing trees or stumps if necessary to avoid damage to adjacent trees. 10) Coordination of utility planning so that utilities are installed in a manner that protects trees intended to be saved. a) Trees to be preserved shall be tagged in the field and keyed to the tree preservation plan. The City may inspect the trees to verify compliance with the preservation plan at any time during construction. b) If a natural resource management plan has been approved for the site, the tree preservation plan shall be in accordance with said plan. c) See City Code Chapter 1011, Stormwater and Erosion and Sediment Control, for other construction related requirements. e. The following shall occur prior to soil disturbance: 1) The tree preservation plan shall be approved by the City. 2) Fencing and all tree protection measures shall be installed and inspected by the City. 3) Erosion control measures shall be installed and inspected by the City. 4) All required financial securities have been submitted. 5) Any required development agreement has been approved. 13. Tree Preservation during Construction: Trees that are to be preserved must be protected by the following methods unless otherwise approved by the City. a. Tree protection fencing shall be installed and maintained 5' out from the identified drip line of the trees (Root Protection Zone) prior to soil disturbance. Fencing shall be a minimum of 4' high and of a highly visible material, such as snow fence or polyethylene laminar safety netting, and must be standing throughout the construction process. Cut roots with clean, pruning cuts at the fence line prior to fence installation to avoid later tearing of the roots. Signage shall be installed to instruct workers to stay out of the Root Protection Zone. b. Areas where development must encroach upon the root protection zone must be identified on the tree preservation plan in which case the fencing shall be installed at that edge. c. No actions that may harm the health of the tree, including but not limited to construction, traffic, compaction, storage of equipment or materials including soil, grading, or concrete washout areas may occur in the Root Protection Zone. d. Trees damaged by construction, or with more than thirty percent of the roots disturbed, shall be counted as removed and mitigated at applicable rates. e. Tree protection measures shall remain in place until all grading and construction activity is terminated. 14. Final Inspection: Prior to the issuance of a certificate of occupancy, the project developer, builder, or representative shall certify in writing to the City that all elements of the tree preservation plan and landscaping plan were completed. These must be confirmed by the City. However, the City may issue a certificate of occupancy prior to completion of landscaping in the following situations: a. If winter weather will prevent healthy planting practices, a security shall be posted to ensure the remaining planting is accomplished and all planting must be installed by the fifteenth of June the following spring. b. A certificate of occupancy may be issued by the City on residential lots prior to lawn seeding or sod, provided an escrow security is submitted sufficient to ensure that the work will be completed and the date of completion is specified. 15. Non -Compliance: If the City finds that the property is not in compliance with the approved landscaping plan or tree preservation plan, it shall inform the property owner or, if applicable, the homeowners association, regarding the non-compliance and describe, in writing, the steps needed to bring the property into compliance within a reasonable timeframe, not to exceed sixty (60) calendar days. 16. Performance Security: The City may require performance security to ensure conformance with the requirements of this chapter. a. The performance security shall extend for two (2) years from the date of planting. The form of the security (cash, letter of credit, or other form) shall be determined by the City. b. If after notification of non-compliance the property owner or, if applicable, the homeowners association fails to achieve the compliance within sixty (60) calendar days, the City may exercise its authority to use the performance security to address compliance.