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Ordinance supplementing the Pittsburgh City Code, Title 6: Conduct, Article I: Regulated Rights and Actions, Chapter 609: Weeds and Grass, by creating a new Section 609.08: Managed Natural Landscapes to allow for the planting and maintenance of managed natural landscapes by residents.
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The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh City Code, Title 6: Conduct, Article I: Regulated Rights and Actions, Chapter 609: Weeds and Grass is amended by adding a new Section 609.08: Managed Natural Landscapes to read as follows:
Section 609.08: Managed Natural Landscapes
(a) Definitions
As used in this Section, certain terms are defined as follows:
“Invasive Plant” means any plant species identified as invasive by the Pennsylvania Department of Conservation and Natural Resources and the Pennsylvania Noxious Weed Act.
“Managed Natural Landscape” means a planned, intentional, and maintained planting of plants native to Pennsylvania and its climate and soil conditions, including but not limited to rain, native, and pollinator gardens.
“Native Plant” means any plant species that is indigenous to Pennsylvania and its ecoregions according to Level III of the Environmental Protection Agency’s designated Ecoregions of North America. This shall include native trees, shrubs, vines, ferns, clubmosses, sedges, rushes, herbaceous perennials, and annuals.
“Native Garden” means a planned, intentional planting of plants native to Pennsylvania and its climate and soil conditions.
“Pollinator Garden” means a garden designed to support pollinators, such as butterflies, bees, and hummingbirds, by providing a variety of plant species that provide food, water, and shelter for pollinators.
“Rain Garden” means an excavated shallow surface depression planted with specifically selected native plants to treat and capture runoff.
“Turfgrass Lawn” means a lawn comprised of grasses commonly used in regularly cut or mowed lawns or active recreation areas, including but not limited to Kentucky bluegrass, rough bluegrass, perennial ryegrass, fine fescues, tall fescue, and bentgrasses.
(b) Purpose
It is the purpose of this section to permit the maintenance of planned, managed natural landscaping that adds biodiversity, richness, and protection to the City’s environment. It is a further purpose of this section to ensure proper maintenance of native plant growth and balance this with the environmental benefits of natural landscaping.
(c) Right to install and maintain managed natural landscapes
An owner, authorized agent, or authorized occupant of any privately owned lands or premises may, consistent with this subsection and all other applicable laws, statutes, rules, and ordinances, install and maintain a managed natural landscape.
(d) Requirements
1. Managed natural landscapes may include any native plants.
2. Managed natural landscapes may include but are not limited to rain gardens, native gardens, and pollinator gardens, or any combination of these gardens.
3. Managed natural landscapes shall have a distinct and clearly defined border, which may consist of any combination of mowed grass, fencing of up to four feet in height, a permitted fence installed along a property line, or natural materials arranged to create a defined edge to contain the managed natural landscape.
4. Managed natural landscapes shall not include any plantings, which, due to location, manner of growth, or encroachment into a right-of-way, constitute a hazard to the public or may cause injury or damage to persons or property when such growth is in violation of Chapter 1004 of this code.
5. Managed natural landscapes shall not include any plant deemed to be a weed under Chapter 1004 of this code.
6. Managed natural landscapes shall not include overgrowth of conventional turf-grass lawns, weeds, or any other unmanaged vegetation growth.
7. Managed natural landscapes shall not include any plant species identified as invasive by the Pennsylvania Department of Conservation and Natural Resources.
8. Managed natural landscapes shall not include plant species identified as Noxious by the Pennsylvania Department of Agriculture.
9. Managed natural landscapes shall still be subject to other requirements of the adopted International Property Maintenance Code, namely §302.5, relating to rodent harborage, and §308, relating to rubbish and garbage.
(e) Registration
Any owner of record of a property, and any tenant upon signed, written consent of the property owner must register their Managed Natural Landscape with the City department responsible for inspection of residential overgrowth violations. Registration shall include but not be limited to the following:
1. A description of the managed natural landscape with an intended maintenance plan, including the location of the plantings in relation to property boundaries and rights of way, and
2. The species of plants intended to be planted and the square footage of the area(s) in which they will be planted.
(f) Review and Enforcement
1. The City department responsible for inspection of residential overgrowth violations may at any time determine that a managed natural landscape violates the terms of this section if the managed natural landscaping area is harboring vermin or other pests.
2. Upon a finding of a violation of the terms of the section, the enforcement agency may require the owner, agent, or occupant of the property to cut and destroy the weeds or plant growth after service of a notice violation.
3. Upon failure to comply with the notice of violation, the property owner, agent, or occupant may be subject to further penalty in accordance with Section 106.3 of the City’s Property Maintenance Code at Chapter 1004 of this code.