[Adopted 12-7-2005 as Title 8, Ch. 1, Sec. 8-1-5, of the
2005 Village Code]
"Natural lawn," as used in this article, shall include common species of grass and wild flowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in Article I of this chapter. The growth of a natural lawn in excess of eight inches in height from the ground surface shall be prohibited within the Village of Argyle corporate limits unless a natural lawn management plan is approved and a permit is issued by the Village as set forth in this article. Natural lawns shall not contain litter or debris and shall not harbor undesirable wildlife.
A.
"Natural lawn management plan," as used in this article, shall mean
a written plan relating to the management and maintenance of a lawn
which contains a legal description of lawn upon which the planted
grass will exceed eight inches in length, 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.
B.
Property owners who wish to plant and cultivate a natural lawn must
submit their written plan and related information to the Village.
(1)
"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 lawn management plans shall only indicate
the planting and cultivating of natural lawns on property legally
owned by the property owner.
(2)
Applicants are strictly prohibited from developing a natural lawn
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 10 feet adjacent to the street
where there is no sidewalk, whether the area is under public or private
ownership.
C.
In addition, natural lawns shall not be permitted within 10 feet
of the abutting property owner's property 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. 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 Clerk-Treasurer.
D.
Any subsequent property owner who abuts an approved natural lawn
may revoke the waiver, thereby requiring the owner of the natural
lawn to remove the natural lawn that is located in the ten-foot section
abutting the neighboring property owner. Such revocation shall be
put in writing and presented to the Village Clerk-Treasurer by the
subsequent abutting property owner. Upon receiving the written request
to revoke the original waiver, the Village Board shall contact the
owner of the approved natural lawn and direct the owner to remove
the natural lawn located in the ten-foot section abutting the neighboring
property owner. The Village Board shall revise the approved natural
lawn management permit accordingly. The owner of the approved natural
lawn shall be required to remove the ten-foot section abutting the
neighboring property owner within 20 days of receipt of the written
notification from the Village, provided the notification is received
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-foot section abutting the neighboring property no
later than May 20 following receipt of the notification.
A.
Property owners interested in applying for permission to establish
a natural lawn shall file an application with the Village Clerk-Treasurer.
The completed application shall include a natural lawn management
plan. Upon submitting a completed application, a refundable filing
fee as prescribed from time to time by resolution of the Village Board
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 300
feet of the boundaries of the properties for which the application
is made. If within 15 calendar days of mailing the copies of the complete
application to the neighboring property owners the Village receives
written objections from 51% or more of the neighboring property owners,
the Village Clerk-Treasurer shall deny the application. Neighboring
property owners shall be defined as all those property owners who
are located within 300 feet of the proposed natural lawn site.[1]
B.
If the property owner's application is in full compliance with
the natural lawn management plan requirements and less than 51% of
the neighboring property owners provide written objections, the Village
Clerk-Treasurer shall issue permission to install a natural lawn.
Such permit shall be valid for two years. Permit renewals shall follow
the procedures in this article.
The property owner may appeal the Clerk-Treasurer'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
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.
A.
When, in the opinion of the Fire Chief of the Department serving
the Village of Argyle, the presence of a natural lawn may constitute
a fire or safety hazard due to weather and/or other conditions, the
Fire Chief may order the cutting of natural lawns to a safe condition.
As a condition of receiving approval of the natural lawn permit, the
property owner shall be required to cut the natural lawn within three
days upon receiving written direction from the Fire Chief.
B.
Natural lawns shall not be removed through the process of burning
unless stated and approved as one of the management and maintenance
techniques in the lawn management plan and appropriate Village open
burning permits have been obtained. The Fire Chief shall review all
requests to burn natural lawns and shall determine if circumstances
are correct and all applicable requirements have been fulfilled to
ensure public safety. Burning of natural lawns 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 lawns, thereby ensuring the public safety.
In addition, the property owner requesting permission to burn the
natural lawn shall produce evidence of property damage and liability
insurance identifying the Village as a party insured. A minimum amount
of acceptable insurance shall be $300,000.
The Village President, upon the recommendation of the Weed Commissioner,
shall have the authority to revoke an approved natural lawn management
plan permit if the owner fails to maintain the natural lawn or comply
with the provisions set forth in this article. Notice of intent to
revoke an approved natural lawn management plan permit shall be appealable
to the Village Board. All applications for appeal shall be submitted
within 15 calendar days of receipt of the written notice of intent
to revoke the approved natural lawn management plan. Failure to file
an application for appeal within the 15 calendar days shall result
in the revoking of the natural lawn management plan permit. All written
applications for appeal filed within the fifteen-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.
A.
The growth of a natural lawn as defined in this article shall be
considered a public nuisance unless a natural lawn management plan
has been filed and approved and a permit is issued by the Village
as set forth in this article. Violators shall be served with a notice
of public nuisance by certified mail to the last-known mailing address
of the property owner.
B.
If the person so served with a notice of public nuisance violation
does not abate the nuisance within 10 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 10 calendar days from receipt thereof. Within 60 days
after such costs and expenses are incurred and remain unpaid, the
Village Clerk-Treasurer shall enter those charges onto the tax roll
as a special tax as provided by state statute.
C.
The failure of the Village Clerk-Treasurer 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 article.
A.
Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this article shall be subject to the general penalty found in § 1-2.
B.
In addition to any penalties herein provided, the Village may issue
stop-work orders upon owners of lots where work is unfinished under
a previously issued building permit for any violation of this article.
