Legal Documents of Baneberry

Notwithstanding any provision of the ordinances of the City of Baneberry to the contrary, a three (3) year pilot/test project is authorized in and upon lots numbered seven (7), eight (8), twelve (12), and thirteen (13) (and more particularly described as parcels seven (7), eight (8), twelve (12), and thirteen (13); Lakemont Subdivision) to establish and maintain a dedicated wildlife habitat utilizing native warm season grasses (hereafter referred to as "NWSG"). The three (3) year pilot/test project described herein shall be extended an additional three (3) years from Jan. 1, 2017, to Jan. 1, 2020.

During the three (3) year pilot/test period described herein, lots eight (8), twelve (12), and thirteen (13) and a portion of lot seven (7) (hereinafter referred to as the "designated property"), which are designated as a part of the pilot/test program, are exempt from the provisions of Baneberry City Ord. #205-10 pertaining to grass height.

During the three (3) year pilot/test period described herein, the designated property shall adhere to the following requirements/restrictions:

1. A minimum twenty foot (20') buffer zone/fire break will be established separating the wildlife habitat from adjoining properties.
2. The buffer zone/fire break may be utilized by residents of the City of Baneberry as a walking trail connecting Mountain View Lane with Bonnevista Drive.
3. During the pilot/test program, proper maintenance shall be performed in and upon the designated property in accordance with the following publications: A Landowner's Guide to Native Warm-Season Grasses in the Mid-South (University of Tennessee Extension publication PB 1746) and Wildlife Management for Tennessee Landowners (Tennessee Wildlife Resources Agency).

4. Prescribed burning will only be conducted after approval from all necessary agencies, including, but not limited to the Baneberry City Manager for a burn permit and after notification of the City of White Pine and Baneberry Fire Departments. During the official wildfire season, permits will also be required from the Tennessee Department of Agriculture, Division of Forestry. Any and all burning will only be conducted under appropriate conditions and under the supervision of the state wildlife resources agency and other authorized Jefferson County and state agencies and/or officials. In the event smoke-management becomes an issue, or conditions preclude prescribed burning, habitat management will utilize prescribed disking procedures.

   The pilot/test program is a temporary program, and shall cease on the date prescribed herein. At the end of the three (3) year period described herein, the Baneberry City Council shall evaluate the success and progress of the program. The Baneberry City Council may, at the cessation of the pilot/test program, consider amending the City of Baneberry ordinances to establish the designated property and other properties within the city limits of Baneberry as wildlife habitats and to establish additional regulation of such properties.

   No provision of this section shall prevent the City of Baneberry from placing further regulations and restrictions upon the designated property as they refer to the pilot/test program. (Ord. #207-5, ___ ___, as amended by Ord. #217-7, March 2017)