[Adopted 2-25-2015 by Ord. No. 317 as Ch. 38, Art. IV, of the 2015 Pittsfield
Charter Township Code]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A written plan delineating the maintenance that is required
throughout the year of a natural lawn which has been approved by permit.
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 § 38-2.
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 vegetation
types, plants and plant succession involved, and the specific management
and maintenance techniques to be employed.
The growth of a natural lawn in excess of eight inches in height
from the ground surface shall be prohibited within the Township unless
a natural lawn management plan is approved and a permit is issued
by the Township as set forth in this article. Natural lawns shall
not contain litter or debris and shall not harbor undesirable wildlife.
A.
Property owners interested in applying for permission to establish
a natural lawn shall obtain and complete an application form available
from the Utilities and Municipal Services Department. The completed
application shall include a detailed site plan, natural lawn management
plan and annual maintenance plan.
Property owners who wish to plant and cultivate a natural lawn
must submit their written plan and related information on the form
provided by the Township. The term "property owner" shall be defined
to include the legal title holder and/or the beneficial owner of any
such lot according to most current Township records. Applicants must
also submit an annual maintenance plan as part of the application
process.
A.
Applicants are strictly prohibited from developing a natural lawn
on any road 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.
B.
Natural lawns shall not be permitted within 10 feet of any adjacent
lot or parcel.
The property owner may appeal the Utilities and Municipal Services
Director's decision to deny the natural lawn management plan
permit by submitting a written statement of appeal to the Utilities
and Municipal Services Director. All applications for appeal shall
be submitted within 21 calendar days of the notice of denial of the
natural lawn management plan. The request for appeal will be placed
on the agenda of a regular or special meeting of the Board of Trustees.
The Township Board of Trustees, by a majority vote of those voting,
shall determine by a preponderance of the evidence whether the facts
warrant the reversal of the denial of the natural lawn permit. The
decision rendered by the Township Board of Trustees shall be final
and binding.
When, in the opinion of the Ordinance Enforcement Officer or
his designee, the presence of a natural lawn may constitute a fire
or safety hazard due to weather and/or other conditions, the Code
Enforcement Officer shall consult with the Director of the Department
of Public Safety or his designee and 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 of receiving written direction
from the Ordinance Enforcement Officer.
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. The Director of the Department
of Public Safety or his designee shall review all requests to burn
natural lawns and shall determine if circumstances are correct and
all applicable requirements have been fulfilled to insure public safety.
Burning of natural lawns shall be strictly prohibited unless a written
permit to burn is issued by the Director of the Department of Public
Safety or his designee.
A.
The Supervisor, upon the recommendation of the Utilities and Municipal
Services Director, or his designee, shall have the authority to revoke
an approved natural lawn management plan permit if the owner fails
to maintain the natural lawn, fails to comply with the provisions
of this article, or fails to follow the annual approved maintenance
plan or natural lawn management plan permit.
B.
Revocation of an approved natural lawn management plan permit shall
be appealable to the Township Board of Trustees. 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 revocation of the natural lawn management
plan permit. All written applications for appeal filed within the
fifteen-calendar-day requirement will be placed on the agenda of a
regular or special meeting of the Board of Trustees and be reviewed
by the Township Board of Trustees. The Township Board of Trustees,
by a majority vote of those voting, shall determine by a preponderance
of the evidence whether the facts warrant the reversal of the denial
of the natural lawn management plan permit appeal will become due.
The decision rendered by the Township Board of Trustees shall be final
and binding.
A.
The growth of a natural lawn in violation of this article shall be
considered a public nuisance. Violators shall be served with a notice
of public nuisance by first-class 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 15 days, the Utilities and Municipal
Services Director or his designee 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.
C.
Notice of the bill for abatement of the public nuisance shall be
mailed to the owner of the premises by first-class mail and shall
be payable within 30 calendar days from receipt thereof. Within 30
days after such costs and expenses are incurred and remain unpaid,
the unpaid costs and expenses shall become a lien against the subject
property and may be added to the tax rolls for the property.
D.
A natural lawn area shall be properly maintained in a clean and sanitary condition free from debris, rubbish or garbage, physical hazards, rodent harborage and infestation. If any approved natural lawn is deleterious to health, safety or public welfare and is a common nuisance, the Township reserves the right to revoke approval. The Township may waive the fifteen-day notification period required in Subsection B, above, and cause the violation to be immediately corrected with all costs assessed against the property and billed to the owner of record.
A.
All properties not in compliance with this article after the fifteen-day period provided in § 38-23B, above, may be mowed by the Township and charges billed to the owner of record in accordance with a fee schedule adopted by the Township Board of Trustees. Any additional work required to mow the property such as litter removal or trimming will also be charged as provided. The mowing charges, any additional work, and an administration fee shall be assessed as determined by a fee schedule adopted by the Township Board of Trustees.
B.
Upon determination by the Township that the condition of a property is a violation of this article and presents a potential threat to the public health, safety or welfare, the Township may waive the fifteen-day notification period required in Subsection A, above, and cause the violation to be immediately corrected with all costs assessed against the property and billed to the owner of record.
C.
All charges which remain unpaid as of October 1 of the current year
shall become a lien against the subject property and may be added
to the tax rolls for the property.
