(a) Rain Gardens are permitted in residential zoning districts upon issuance of a permit by the Village Zoning Inspector. For purposes of this section, the term "Rain Garden" shall mean a landscaped feature or depression which principally uses hardy, primarily native, plants and vegetation, including wildflowers and prairie grasses, which require little or no artificial planting or care, that treats on-site stormwater discharge from impervious surfaces by collecting and filtering the stormwater, including, but not limited to, so-called "Butterfly Gardens" and other similar landscaping features.
(b) A permit may be issued for a Rain Garden if the following conditions are met.
(1) Any Rain Garden must be located in a backyard and must be located behind the footprint of the main residential building on the property. No Rain Garden may be located in a front yard or side yard.
(2) A Rain Garden must be setback from any building by not less than ten (10) feet.
(3) A Rain Garden must be a part of the subject property's stormwater management system. A Rain Garden should be located to intercept water from paved or impervious surfaces or from a downspout before such water leaves the yard. A Rain Garden should not be located upslope from an area with a drainage issue or problem, but should be located in a manner to address or alleviate the drainage issue or problem.
(4) A Rain Garden shall not be installed in a location where it will disturb existing root systems of trees.
(5) A Rain Garden must be setback at least eight (8) feet from the rear property line.
(6) A Rain Garden must be setback at least five (5) feet from any sideyard lot line.
(7) A Rain Garden shall cover no more than thirty percent (30%) of the land located within the back yard of a property.
(c) No Rain Garden shall be constructed until a permit is obtained from the Village Zoning Inspector. The applicant shall submit plans to the Village that include a site plan showing (i) the dwelling structure in relation to the property lines, (ii) the location of any downspout(s) proposed to be used for the rain garden, and (iii) the dimensions of the Rain Garden, and (iv) the depth of the Rain Garden. The dimensions and depth of a Rain Garden shall comply with the standards established in the Rain Garden Manual for Homeowners published by the Geauga Soil and Water Conservation District, which standards are incorporated herein by reference as if fully rewritten.
(d) A Rain Garden must be maintained so that it shall not cause a public or private nuisance. All landscaping materials must be maintained in good condition, present a healthy, neat and orderly appearance, and be kept free of weeds, refuse and debris. The owner of the property is responsible for maintenance, repair and replacement of any landscape materials, fences, steps, retaining walls or similar landscaping elements. Rain Gardens must be maintained in good operating condition to promote the health of the plant materials and the
capture of stormwater. Rain Garden maintenance shall include the following:
(1) Weekly weed removal during the first two months following initial installation;
(2) Thereafter, monthly weeding during the remainder of the first year following installation, not including the Winter months (December, January, February and March);
(3) Following the first year, weeding at least once per year;
(4) Annual mulch replacement, to occur before June 1st of each year;
(5) Annual shrub pruning; and
(6) Watering of plants as necessary during Summer months (June, July, August and September).
(e) A Rain Garden located within five (5) feet of a sideyard setback line or eight feet of a rear property line must be cut or mowed to a height not exceeding nine (9) inches in order to prevent the same from blooming or going to seed.
(f) In the event that the owner does not maintain a Rain Garden in accordance with the terms and requirements of this ordinance, the Village may declare the Rain Garden a nuisance in accordance with Chapter 1313 of the Codified Ordinances, and may avail itself of the self-help remedies set forth therein.
(Ord. 24-129. Passed 7-11-24.)
CODIFIED ORDINANCES OF MIDDLEFIELD