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No. 94-08-19 - City of Frisco

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The developer shall also provide total maintenance for the required<br />

landscaping and irrigation system for a minimum <strong>of</strong> three (3) years from<br />

the date <strong>of</strong> <strong>City</strong> acceptance <strong>of</strong> public improvements or until ninety<br />

percent (90%) <strong>of</strong> the lots within the subdivision are sold, whichever is<br />

greater (the "maintenance period"). At the end <strong>of</strong> the maintenance<br />

period, ah inspection will be conducted by the <strong>City</strong>. All landscaping shall<br />

be in a healthy and growing condition, as determined by the <strong>City</strong>, when<br />

maintenance is transferred to the <strong>City</strong>. The <strong>City</strong> reserves the right to<br />

remove or require the removal <strong>of</strong> landscaping in excess <strong>of</strong> the<br />

landscaping required by the Subdivision Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<br />

<strong>19</strong>, as it currently exists or may be amended (i.e. flower beds or other<br />

vegetation considered as high maintenance by the <strong>City</strong>); or<br />

b. Should a subdivision include usable open space totaling fifteen percent<br />

(15%) <strong>of</strong> the platted development, a developer shall be permitted to<br />

establish a homeowners association to maintain required screening walls,<br />

fences, and landscaping, rather than paying maintenance fees as set<br />

forth in Section 7.09(16)(B)(5)(a) above. The developer shall provide<br />

homeowners association documents to the <strong>City</strong> to demonstrate financial<br />

responsibility for future maintenance, repairs, and replacement <strong>of</strong> the<br />

required improvenients. Documents establishing the homeowners<br />

association or property owners association shall be submitted to the <strong>City</strong><br />

for review by the <strong>City</strong> Attorney for conformance with this and other<br />

applicable ordinances prior to final acceptance <strong>of</strong> the subdivision. The<br />

documents shall include, among other information as required by the<br />

<strong>City</strong>, descriptions <strong>of</strong>:<br />

1. operating budgets based on operating assumptions;<br />

2. reserve budget based on facilities to be maintained;<br />

3. subsidies budget; and<br />

4. liability insurance.<br />

The homeowner association shall be responsible for maintaining,<br />

repairing, and/or replacing screening walls, fences, and landscaping<br />

required by the Subdivision Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it<br />

currently exists or may be amended.<br />

c. Subject to the discretion and approval <strong>of</strong> the <strong>City</strong> Attorney and <strong>City</strong><br />

Council, a Public Improvement District (PID) may also be utilized to<br />

maintain landscaping improvements.<br />

C. Berming and Landscaping. - This screening option shall be designed as follows:<br />

1. Additional R-O-W Reauirements. Additional right-<strong>of</strong>-way shall be defined as<br />

right-<strong>of</strong>-way greater than that required by Section 7.10(a) <strong>of</strong> the Subdivision<br />

Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it currently exists or may be<br />

amended. Additional right-<strong>of</strong>-way shall be provided as follows and shall be<br />

shown on the plat as "right-<strong>of</strong>-way dedicated for landscaping purposes only"<br />

to exclude franchise utilities from this area.<br />

Twenty-five feet (25') <strong>of</strong> additional right-<strong>of</strong>-way shall be dedicated for lots<br />

that back or side to a street with a right-<strong>of</strong>-way width <strong>of</strong> sixty feet (60') or<br />

greater.<br />

7-27

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