(A) Permit required. A natural landscape permit must be obtained from the city by a property owner desiring to use prairie, meadow or natural landscape vegetation which is not otherwise exempted by this subchapter and is expected to exceed 12 inches in overall height. The cost of the permit is set forth in the city’s Official Fee Schedule, as amended from time to time.
(B) Permit application contents. The natural landscape permit application must contain the following information:
(1) The name and address of the applicant;
(2) The legal description of the property;
(3) A site plan showing lot lines, public right-of-way, buildings and the location of the proposed landscaping;
(4) A general description of the vegetation and plant types to be used including the Latin and common names of all of the species; and
(5) A specific management and maintenance plan that includes the following information:
(a) A planting diagram showing the location and mature height of all species of vegetation;
(b) Detailed information on the upkeep of each species;
(c) The estimated transitional period, if applicable; and
(d) The plan for elimination of any non-native vegetation.
(6) The name, address, phone number and qualifications of the person or company that will be responsible for the management and maintenance of the vegetation.
(C) Permit issuance.
(1) The City Administrator or his or her designated representative will review the application and issue the natural landscape permit unless:
(a) The application is incomplete;
(b) The management and maintenance plan is incomplete or inconsistent with the requirements of this subchapter;
(c) The plan proposes use of non-native grasses; or
(d) The transitional period for the area to be landscaped is longer than three growing seasons.
(2) A natural landscape permit shall be valid for five years from the date of approval.
(3) The applicant shall be responsible for paying all fees associated with the review of the permit application.
(D) Permit denial; appeal. If the City Administrator or his or her designated representative denies an application for a natural landscape permit, he or she shall send written notice of the denial to the applicant. The applicant may appeal the decision to the City Council by filing notice of the appeal with the City Administrator or his or her designated representative within 20 days of the date of the notice. Upon receipt of the notice of appeal, the City Council shall set a public hearing date at which the applicant and any other party wishing to be heard may have an opportunity to present evidence as to the applicant’s compliance with this subchapter. If the City Council determines that the applicant has complied with the provisions of this subchapter, it shall direct the City Administrator to issue the permit. The City Council must affirm the City Administrator’s denial of the permit if it determines that the applicant has not complied with the provisions of this subchapter.
(E) Permit revocation. The City Administrator or his or her designated representative may regularly inspect any property holding a natural landscape permit.
(1) A natural landscape permit may be revoked by the City Administrator or his or her designated representative, for any of the following reasons:
(a) Weeds are not removed;
(b) The vegetation is not being maintained to a height of 12 inches or less in areas located within four feet of a public street, sidewalk, trail or alley;
(c) The vegetation is not being maintained to a height of 12 inches or less in areas located within 30 feet of a side or rear lot line, unless the adjacent property owner has consented in writing; or
(d) The property owner fails to maintain the natural landscape area in a manner consistent with the management and maintenance plan that was submitted with the permit application.
(2) For any property that is not in compliance with this section, the City Administrator or his or her designated representative shall give notice to the holder of the permit by U.S. Mail stating that the property must be in compliance within 30 days. Should that period pass without action by the holder of the permit, the City Administrator, or his or her designated representative, shall:
(a) Revoke the natural landscape permit;
(b) Remove all improperly maintained vegetation;
(c) Declare the property ineligible for a natural landscape permit unless sold for a period of two years; and
(d) Certify the service charges associated with the inspection of the property and removal of improperly maintained vegetation to the County Auditor for collection with property taxes in accordance with Chapter 34 of this code.
(Ord. 255, passed 3-19-12)