(A) Nuisance prohibited. Any owner, agent, occupant, responsible party or person shall have the duty to maintain prairie plots in compliance with this section.
(B) Residential. Residentially used or zoned property shall comply with the requirements as specified below.
(1) Prairie plots may only be located in a rear yard. A rear yard is determined and defined as set forth in the zoning ordinance of the city.
(2) Prairie plots shall only cover up to 10% of a rear yard. If prairie plots are intermingled with other vegetation so as to make it impractical to measure for determining if the percentage is more or less than 10% of the rear yard, the entire bed or area of mixed vegetation shall be deemed to be a prairie plot for the purpose of the calculation.
(C) Defined edges. All prairie plots shall have borders that define the limits of the prairie plot. Borders shall include but are not limited to railroad ties, landscape timbers, landscape blocks, concrete edgers or metallic strips sunk into the ground. Trenching is not an allowable alternative. Prairie plots on commercial properties may be allowed to use a mowed lawn as a border, if approved by the City Council. If a prairie plot is burned in accordance with division (E) below, landscape timbers and railroad ties are not recommended borders.
(D) Setback. All prairie plots shall have a mandatory setback of five feet from any property line to the defined edge of the prairie plot.
(E) Prairie plot burns. Prairie plots may be burned under the following mandatory procedures and conditions to ensure complete safety and control of the burning.
(1) Burning of a prairie plot is optional and up to the owner as to whether he or she chooses to burn his or her plot in any particular year.
(2) A permit shall be required from the State Environmental Protection Agency and the City Fire Department prior to each time a prairie plot is burned. The Fire Department shall issue a prairie plot burn permit, if a permit is available, and the permit fee, as indicated in § 93.18, shall be payable at time of application. No more than five prairie plot burn permits will be issued in the city in any calendar year.
(3) Burning shall be done between February 1 and April 15. No fall burning is allowed.
(4) The burning of a prairie plot shall not be used for the burning of tree leaves, branches, logs or other garden refuse. A violation of this section shall result in the immediate cancellation of any valid prairie plot permit. The minimum fine to be imposed upon conviction of a violation of this division (E)(4) shall be as set forth in § 94.99.
(5) The City Fire Department shall be contacted to schedule a day and time for the burn so fire personnel and their equipment are present during the burn.
(6) Burning shall not be attempted on windy days. A wind velocity of at least five miles per hour is needed to conduct a burn, which may aid in a cleaner and more thorough burn.
(7) A thorough burn is best accomplished starting after noon when the morning dew has dissipated. No burning is allowed after dark.
(8) All old growth of the previous season shall be chopped down to near ground level before burning.
(9) An adequate length of garden hose, in good condition, shall be laid out to reach the entire perimeter of the plot.
(10) A perimeter area of two to three feet wide around the plot shall be thoroughly wet down, including all surfaces of any border structures.
(11) The plot shall be burned off starting the fire on the down-wind side of the plot.
(12) After the fire is well started, the up-wind side may be fired to complete a thorough burn.
(13) If, during the burn, smoke or ash is proving to be a nuisance to a neighboring yard, the fire must be immediately extinguished.
(14) In prairie plots that are bordered by railroad ties or landscape timbers, the structures shall be thoroughly wet down before starting the burn. Railroad ties shall not be allowed to burn and are not recommended as borders.
(F) Annual cutting and removing of plant debris. It shall be a requirement of this section and a condition of the permit that each year, the prairie plot shall be mowed or cut to near ground level and the resulting plant debris be removed from the site sometime during the dormant season and prior to May 1. If a prairie plot is burned in accordance with division (E) above, the ash from burning should be left on the site as a ground warming process that stimulates prairie growth and reduces weed competition.
(G) Plant lists. The city recognizes the following sources as authoritative references concerning prairie plants. The Illinois Natural History Survey at the University of Illinois maintains a database listing of plants native to Illinois prairies. The Source Book on Natural Landscaping for Public Officials published by the U.S. Environmental Protection Agency includes a limited list of plants native to Illinois prairies commonly available in nurseries that are relatively easy to grow. The Illinois State Museum maintains a list of prairie plants found in Illinois prairies. Any owner, agent, occupant, responsible party or person proposing prairie plots involving plant species not recognized by the above organizations will be required to provide plans prepared by a landscape architect, horticulturist or similar qualified professional to show the proposed species are native to Illinois prairies.
(H) Exemptions. The provisions of this section shall not be applicable to any premises or lands containing a prairie plot maintained by the United States of America, this state, or any unit of local government, primary school, secondary school or college.
(Ord. 22-3670, passed 5-4-2022) Penalty, see § 94.99