Front Yard Initiative Terms & Conditions
Terms & Conditions
Before you complete the application for this program you must read, understand, and accept the Front Yard Initiative’s Terms and Conditions listed below, the Process Guidelines and the Design Requirements.
The following are the Terms and Conditions of the Urban Conservancy’s Front Yard Initiative (FYI).
Urban Conservancy= UC | Front Yard Initiative = FYI | Improvements= pavement removed
Only one FYI application may be approved per property.
“Property Owner” is the owner of the property that is having impervious pavement removed, or in the case when the property is owned by a corporation, “Property Owner” shall be the individual legally acting on behalf of the owner of the property. FYI reserves the right to verify property ownership.
If a FYI incentive payment is eventually made, it can only be made payable to Property Owner.
- Property Owner must sign and submit the FYI application.
- Property owner will attend one (1) FYI Workshop.
- Property Owner will receive two dollars and fifty cents ($2.50) per square foot for pervious pavement removed in accordance with the Terms and Conditions, Process Guidelines and Design Requirements.
- Property Owner has sole responsibility for any and all tax consequences resulting from Property Owner receiving the FYI payment, and will be issued a W-9 at the end of the year in which the incentive was issued. This is a taxable incentive program, not a rebate.
- Property Owner has sole responsibility for complying with all applicable laws, permits, ordinances, codes, policies, covenants, and conditions that may apply to performance of the lawn removal/landscape conversion project. For City of New Orleans building and permit information call 504-685-7100. Those properties in historic districts may require special permits from the City and these permits are the sole responsibility of the Property Owner.
- Property Owner has sole responsibility for concrete removal, including choosing a contractor or landscaper to perform the work. The UC and/or its agents bears no responsibility for the quality of the concrete removal or any damage caused by or discovered during the concrete removal process, including any damage to water lines.
- Property Owner has sole responsibility for the quality, appearance, and maintenance of the FYI landscape.
- Property Owner shall make the property available to the UC and/or its agents, in order (1) for the UC to verify compliance with the FYI program, including but not limited to: the condition of the landscape prior to and after the FYI installation, the size (in square-feet) of the FYI landscape area (2) for the UC to exercise its rights under the FYI program to use the design of the FYI landscaped area as well as descriptions of it, and before- and after-photos and videos of it, for the purpose of promoting water tolerant landscapes
- Any application containing inaccurate or misleading information will be disqualified from the FYI program and any and all commitments made by the UC related to that application, including commitments to make FYI incentive payments, shall be automatically rescinded and rendered null and void.
- Property Owner is limited to one application per property owner.
- Property Owner, if submitting the FYI application on-line, may be required by the UC as a condition of receiving the incentive payment to sign a paper copy of the Application within two (2) weeks of being notified of having been approved, provided the UC makes that paper application available to them.
- Property Owner agrees to waive, release, relinquish and discharge the UC, its officials and employees from all liability, loss, claims, demands, causes of action, and damage arising out of Property Owner’s participation in this Program.
- “Impervious pavement removed” refers to that part of the landscape, in square feet, which qualifies for the FYI and for which the UC will pay the FYI incentive of $2.50 per square foot. The amount of pavement removed will determine the incentive amount.
- Pre-existing projects, projects that don’t remove pavement, and projects where front yard parking (as defined in the current CZO) is present are not eligible for the Front Yard Initiative.
- Incentive amount will be no greater than $1,250 (2.50 per square foot up to 500 square feet) there is no minimum. (Actual area of impervious pavement removed may by larger than 500 square feet, but only the first 500 square feet are eligible for the FYI incentive.)
- May include the front yard, public right of way (with approval from DPW), side, and back yards. Neutral grounds are not eligible.
- All improvements must be based on a design approved by the UC, which approval will be based on the “Design Requirements” document.
If, in its sole discretion, the UC finds the improved area has not been properly maintained/implemented or if the implementation has been altered significantly from the approved design (for example: if impervious pavement is re-installed), Property Owner, if he/she has not sold the property by that time, shall reimburse the UC for the FYI payment as follows:100% reimbursement if finding made in first 365-day period after payment; 80% reimbursement if finding made within 2nd 365 day period after payment; 60% if finding made within 3rd 365-day period after payment; 40% if finding made within 4th 365-day period after payment; and 20% if finding made within 5th 365-day period after payment.
The UC will only pay the FYI incentive of $2.50 per square feet based on the smallest of the following: the size of the project as shown in your application, the size shown in your design, or the size of the FYI project you actually build.
Applications will be approved based on the following goals:
- Total amount of paving removed- including any amounts above the incentivized 500 square feet;
- Onsite water capture- Simply removing paving is a step in the right direction, but adding trees and other native landscaping features to your project increases the amount of water held onsite;
- Visibility- we created our program, in part, to inspire others and to shift behavior away from excessive paving and pushing water into our pumping system. The best way to do this is with projects that are visible from the street.
The FYI incentive program and the Terms and Conditions set forth herein, the Process Guidelines and the Design Requirements are subject to change without notice.
The Urban Conservancy’s Front Yard Initiative
Shall have the right to use the design of the Improved Area as well as before- and after-photos and videos of it, for the purpose of promoting water tolerant landscapes. This promotion could be in the form of videos, print, web, or other venues.
Shall have sole authority to resolve all disputes related to the FYI program, approval of applications, approval of landscape designs, and all other related matters relevant to the FYI program.
Shall not be obligated to make, and will not make, FYI payments for that part of the approved square footage, when the size of the actual landscape installed is less than that approved and/or when some or all of the landscape actually installed differs, as determined by the UC in its sole discretion, from the approved design. In other words, the UC shall only pay for the square footage of the landscape actually installed that is congruent with the approved design, up to the maximum amount of square feet approved in the application.