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HomeMy WebLinkAbout2024-OR-61 Ordinance Defining Natural Landscaping & Creating a Specific Exception to Prior Ordinances Regulating Weeds ORDINANCE NO. 2024-OR- BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE STATE OF INDIANA AN ORDINANCE DEFINING NATURAL LANDSCAPING AND CREATING A SPECIFIC EXCEPTION TO PRIOR ORDINANCES REGULATING WEEDS WHEREAS, the Common Council of the City of Jeffersonville has previously adopted multiple ordinances regulating the maintenance of properties and defining weeds, rank vegetation, and environmental public nuisances, specifically Ordinance No. 2023-OR-27, Ordinance No. 2010-OR-30, Ordinance No. 2009-OR- 22, Ordinance No. 2008-OR-43, Ordinance No. 2007-OR-07, and Ordinance No. 99-OR-29; WHEREAS, the City recognizes that native gardening and natural landscaping are the best practice for environmental protections, including combating invasive species, combating erosion, conserving natural resources and habitats for wildlife, and assisting in the life cycle of insects; WHEREAS, managed natural landscapes which include native plants benefit the City's environment and its residents by increasing stormwater retention, improving water quality and biodiversity, reducing greenhouse gas emissions, providing habitat for wildlife such as birds, butterflies, and other beneficial insects and species, and improving public health; WHEREAS, the City wishes to promote the installation and maintenance of managed natural landscapes for the purposes expressed herein; BE IT HEREBY ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, CLARK COUNTY: Section 1: DEFINITIONS. A. "Invasive species." Any non-indigenous species or strains that become established in natural plant communities and wild areas, displacing native vegetation; B. "Managed natural landscape." A planned, intentional, and maintained planting of native or non-invasive grasses, wildflowers, forbs, ferns, sedges, bryophytes, shrubs or trees, which is free of noxious weeds (hereinafter "Landscape"); C. "Native plants." A plant species that has occurred in natural pant associations and habitats within an area prior to European contact, and/or is listed as a native plant by a state or federal publication; D. "Rank vegetation." Plants that are excessively vigorous in growth, shockingly conspicuous, malodorous, and/or flagrant, including vegetation that inhibits a safe field of view along any public roadway; E. "Weed." Any plant that is not valued where it is growing, that tends to overgrow or choke out more desirable plants, and/or is listed as a weed by a state or federal publication. Section 2: MAINTENANCE. A. Landscape must be set back from property lines by at least five (5) feet, except where it abuts another similar landscape, wetland, pond, lake or stream, or a fence at least four (4) feet high; B. Landscape must be clearly defined, such as by edging, fencing, mulch, rocks, or other similar material, or by a sufficient distance of mowed and maintained turf grass of at least two (2) feet; C. Landscape may not extend into the public right of way or visually block the public right of way; D. Landscape may not exceed 50% of the portion of the lot facing a public right of way, such as the front yard of a residence; E. Landscape must be mowed or cut back at least once per year in addition to ongoing maintenance; F. Does not include rank vegetation, weeds, or turf-grass lawns left unattended in violation of prior ordinances; G. Property owners must be knowledgeable about the contents of the Landscape and able to provide information and/or documentation to demonstrate compliance with the terms of this Ordinance. H. Landscape maintained in accordance with this Ordinance may exceed a height of nine (9) inches and shall not be deemed to violate any prior Ordinance. 2024-ORL"/ Common Council for the City of Jeffersonville,Clark County,Indiana VOTED FOR: VOTED AGAINST: - _i2.4,' /0 idA, 7- ttriLdu 4/11 • -- This ordinance shall be effective upon adoption by the Common Council for the City of Jeffersonville and approval by the Mayor of the City of Jeffersonville. ,D UAZ ECG /"' d Dustin White,Council President ATTEST: c AI Lisa Gill,Clerk Presented by me as Clerk to the Mayor of the City of Jeffersonville on this a,R day of Cdt.'kpi 2024. c ,1 Lisa Gil,Clerk SIGNED and APPROVED by me on this -1 I day of 20 Mike Mo re, Mayor 2024-OR- VETOED and DISAPPROVED by me upon this day of August, 2024. Mike Moore, Mayor Native Landscaping ID assistance sheet: Native plant ID link: OL ; 0 .kiw"• IDing native plants: - Scan the QR Code above - At the top of the webpage find "Plant Finder" - Find the plant in question. - Once selected find"More Information" fir: 0 ill . . Purple Vilk,,,rd 4ullic ant.Milk t;' . •:01P' ill !;iI.,. k BlItrl rfh-, ,d \\hol It d\lilk, r`iimit MI MM. _. Other Helpful Tools: - "seek"by iNaturlist is a free plant ID Ap seeks iNatoraGa - Lady Bird Johnson Wildflower Center allows you to ID native plants by searching their common and scientific name https://www.wildflower.org/plants-main Noxious weeds list: ■ • i ti ■ a • ,(Lt t z�}• . Homeowners Guide to Native Landscaping Species Planted: Plant Name: Height Plant Name: Height: Map of Planting: Before Planting: ✓ Have "Ease of Mind" check for easements! ✓ Call before you dig Indiana 811 ✓ Be mindful of Jeffersonville required setbacks (property lines, easements, and right aways) ** Setbacks must be at least the height of the tallest plant+2 additional feet** ✓ Have a plan for required annual maintenance Yearly Maintenance Notes: Indiana Native Plant Information: Indiana Invasive Species Information: Indiananativeplants.org www.entm.ourdue.edu/iisc/invasiveolants.html _- Tips for planting with natives: - First pick your sight: o Shade vs sun o Soil type and drainage o Go over the "Before Planting" Checklist to make sure you are following city regulations - Pick plants that are most suited for your sight: o A list of naive plants can be found on the Indiana Native Plant Society website o Think about the visual aesthetics you would like to see o How much space do you have (both vertical and horizontal space) - Site preparation is critical for the success of native plantings: o Nonnative lawn grasses need to be killed and or removed prior to establishing natives o Herbicides,smother cropping,solarization,and shallow repeated cultivation are all effective methods of sight preparation o The fall prior to seeding is the best time to work on site preparation o If frost seeding is the planned seeding method,you will want 100%bare soil and a firm seed bed - Seeding: o Frost seeding seeds onto bare firm soil can be established December 1st- February 28th • The freezing and thawing of the soil will work the seed to the proper depth in the soil o Seeding in the spring can take place April 1st-June 15th • Before seeding weed the garden bed of any weeds that might emerge in the spring • If using herbicide,wait at least 7 days before seeding and make sure herbicide does not contain a residual that will affect establishment • 'Work'and firm the soil before seeding.After seeding firm the soil again o Plug planting can take place April 1st-June 15th **Note** Native perennial plants take up to 3 years to establish if planted as seeds. If seeds are used,weed will show back up on the native planting area. Native plugs expedite the establishment period and blooms can be expected year one. - Management: o Though not mandatory, signage and fencing can provide a clear boundary of the native plants o Mowed grass around a native plantings allow for easier access and show management is being done o Annual maintenance is required per city ordinance (the"yearly maintenance notes" on the front of this sheet is a great place to log maintenance activities) For more information on plant selection,establishing and managing native plantings contact your Clark County Soil and Water Conservation office