(a) Natural Lawns Defined. "Natural landscape" as used in this Section shall include common species of grass and wild flowers native to North America which are designed and purposely cultivated to exceed eight (8) inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in Section 8-1-4 of this Chapter. The growth of natural landscaping on non-agricultural parcels in excess of eight (8) inches in height from the ground surface shall be prohibited within the Village of Edgar corporate limits unless a Natural Lawn Management Plan is approved and a permit is issued by the Village as set forth in this Section. Natural landscaping shall not contain litter or debris and shall not harbor undesirable wildlife, vermin or pests.
(b) Natural Landscape Management Plan Defined.
(1) Natural Landscapte Management Requirements.
Natural Landscape Management Plan as used in this Section shall mean a written plan relating to the management and maintenance of a natural landscape which contains the street address or a legal description of the property where the proposed natural landscape is being requested, and which would exceed eight (8) inches, a statement of intent and purpose for the lawn, a detailed description of the vegetational types, plants and plant succession involved, and the specific management and maintenance techniques to be employed.
(2) Permitted Submittal Party.
a. Property owners who wish to plant and cultivate a natural landscape must submit their written plan and related information to the Village of Edgar. "Property Owner" shall be defined to include the legal title holder and/or the beneficial owner of any such lot according to most current Village records. Natural Landscape Management Plans shall only indicate the planting and cultivating of natural landscapes on property legally owned by the property owner.
b. Applicants are strictly prohibited from developing a natural landscape on any Village-owned property including street rights-of-way. This shall include at a minimum property located between the sidewalk and the street or a strip not less than ten (10) feet adjacent to the street where there is no sidewalk whether the area is under public or private ownership.
(3) Natural landscapes shall not be permitted within five (5) feet of the side or rear setback to an abutting property owner's land unless waived in writing by the abutting property owner on the side so affected. Such waiver is to be affixed to the Lawn Management Plan filed with the Village Administrator. Such waiver may be revoked, in writing, by the abutting property owner at a later time, a copy to be filed with the permittee and the Village Administrator.
(4) All drainage swales shall be free of plantings and maintained in accordance with Section 8-1-4 above. In addition, a five percent (5%) area exclusive of the setback area shall be left open for maintained paths. The setback area shall have a height of no more than eight (8) inches, excluding trees and shrubs.
(5) Any subsequent property owner who abuts an approved natural landscape may revoke the waiver thereby requiring the owner of the natural landscape to remove the natural lawn that is located in the ten (10) foot section abutting the neighboring property owner. Such revocation shall be put in writing and presented to the Village Administrator by the subsequent abutting property owner. Upon receiving the written request to revoke the original waiver, the Village Administrator shall contact the owner of the approved natural landscape and direct the owner to remove the natural landscape located in the ten (10) foot section abutting the neighboring property owner. The Village Administrator shall revise the approved Natural Lawn Management Permit accordingly. The owner of the approved landscape lawn shall be required to remove the ten (10) foot section abutting the neighboring property owner within twenty (20) days of receipt of the written notification from the Village provided the notification is received sometime between May 1 and November 1. Property owners who receive notification from the Village between November 1 and April 30 shall be required to remove the ten (10) foot section abutting the neighboring property owner no later than May 20 following receipt of the notification.
(c) Application Process.
(1) Property owners interested in applying for permission to establish a natural landscape shall file an application with the Village Administrator. The completed application shall include a Natural Landscape Management Plan. Upon submitting a completed application, a fee as prescribed in Section 1-3-1 will be assessed by the Village. Upon receiving payment, copies of the completed application shall be mailed by the Village to each of the owners of record, as listed in the Office of the Village Assessor, who are owners of the property situated wholly or in part within three hundred (300) feet of the boundaries of the properties for which the application is made. If within fifteen (15) calendar days of mailing the copies of the complete application to the neighboring property owners the Village receives written objections from fifty-one percent (51%) or more of the neighboring property owners, the Village Administrator shall deny the application. Neighboring property owners shall be defined as all those property owners who are located within three hundred (300) feet of the proposed natural landscape site.
(2) If the property owner's application is in full compliance with the Natural Landscape Management Plan requirements and less than fifty-one percent (51%) of the neighboring property owners provide written objections, the Village Administrator may issue permission to install a natural landscape. Such permit shall be valid for two (2) years. Permit renewals shall follow the procedures in this Section.
(d) Application for Appeal. The property owner may appeal the Village Administrator's decision to deny the natural lawn permit request to the Village Board at an open meeting. All applications for appeal shall be submitted within fifteen (15) calendar days of the notice of denial of the Natural Lawn Management Plan. The decision rendered by the Village Board shall be final and binding.
(e) Prohibited Plant Species. The following noxious grasses or weeds will not be allowed in a natural landscape area:
Common Name(s)
Buckthom
Burdock (Yellowdock)
Field Bindweed (Wild Morning Glory)
Garlic Mustard
Goatsbeard (Oyster Plant, Salsify)
Leafy Spurge
Marijuana Nettle
Oxeye Daisy
Pigweed (Lambs Quarters)
Pigweed (Amaranth)
Poison Ivy
Quackgrass Ragweed (Common)
Ragweed (Great)
Spotted Knapweed
Thistle Bull
Thistle Canada
Thistle Musk or Nodding Thistle Star (Caltrops)
Thistle Sow (Field)
Thistle Sow (Common)
Thistle Sow (Spiny Leaved)
Sweet Clover (Yellow)
Sweet Clover (White)
Yellow Mustard (Yellow Rocket (Winter Cress)
Japanese Bamboo
Wild Mustard
Latin Name(s)
Rhamnus Cathartica Rhamnus Frangula Artium Lappa Convolvulus Arvensis Alliaria Petiolata Tragopogon Porrifolius Euphorbia Esula Cannabis Sativa
Urtica Dioica
Chrysanthemum Leucanthemu Chenopodium Album Amaranthus Retroflexus
Rhus Radicans Bromus Brizaeformis Ambrosia Artemisifoia Ambrosia Trifida Centaurea Maculosa Cirsium Vulgare Cirsium Arbense Carduus Nutans Centaurea Calicitrapa Sonchus Arvensis Sonchus Oleraceus Sonchus Asper Melilotus Officinalis Melilotus Alba Barbarea Vulgaris
(f) Safety Precautions For Natural Grass Areas.
(1) When, in the opinion of the Fire Chief of the Department serving the Village of Edgar, the presence of a natural landscape may constitute a fire or safety hazard due to weather and/or other conditions, the Fire Chief may order the cutting of natural landscapes to a safe condition. As a condition of receiving approval of the natural landscapes permit, the property owner shall be required to cut the natural lawn within the three (3) days upon receiving written direction from the Fire Chief.
(2) Natural landscapes shall not be removed through the process of burning unless stated and approved as one of the management and maintenance techniques in the Landscape Management Plan, and appropriate Village open burning permits have been obtained. The Fire Chief shall review all requests to burn natural landscapes and shall determine if circumstances are correct and all applicable requirements have been fulfilled to insure public safety. Burning of natural landscapes shall be strictly prohibited unless a written permit to burn is issued by the Fire Chief. The Fire Chief shall establish a written list of requirements for considering each request to burn natural landscapes, thereby insuring the public safety. In addition, the property owner requesting permission to burn the natural landscapes shall produce evidence of property damage and liability insurance identifying the Village of Edgar as a named party insured. A minimum amount of acceptable insurance shall be Three Hundred Thousand Dollars ($300,000.00).
(g) Revocation Of An Approved Natural Landscape Management Plan Permit. The Weed Commissioner, Building Inspector, Zoning Administrator, Village Administrator or Jaw enforcement officer shall have the authority to revoke an approved Natural Landscape Management Plan Permit if the owner fails to maintain the natural landscape or comply with the provisions set forth in this Section. Notice of intent to revoke an approved Natural Landscape Management Plan Permit shall be appealable to the Village Board. All applica- tions for appeal shall be submitted within fifteen (15) calendar days of receipt of the written Notice of Intent to revoke the approved Natural Landscape Management Plan. Failure to file an application for appeal within the fifteen (15) calendar days shall result in the revoking of the Natural Landscape Management Plan Permit. All written applications for appeal filed within the fifteen (15) calendar day requirement shall be reviewed by the Village Board in an open meeting. The decision rendered by the Village Board shall be final and binding.
(h) Public Nuisance Defined - Abatement After Notice.
(1) The growth of a natural landscape as defined in this Section shall be considered a public nuisance unless a Natural Landscape Management Plan has been filed and approved and a permit is issued by the Village of Edgar as set forth in this Section. Violators shall be served with a notice of public nuisance by certified mail to the last- known mailing address of the property owner.
(2) If the person so served with a notice of public nuisance violation does not abate the nuisance within ten (I 0) days, the enforcement officer may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such property owner. Notice of the bill for abatement of the public nuisance shall be mailed to the owner of the premises and shall be payable within ten (10) calendar days from receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the Village Administrator shall enter those charges onto the tax roll as a special tax as provided by state statute.
(3) The failure of the Village Administrator to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the Village expense on the tax rolls for unpaid bills for abating the public nuisance as provided for in this Section.
(i) Penalty.
(1) Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this Section shall be subject to the general penalty found in Section 1-1-6.
(2) In addition to any penalties herein provided, the Village of Edgar may issue stop work orders upon owners of lots where work is unfinished under a previously issued permit for any violation of this Section.