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HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 04_10/12/2022Agenda Item #4. Environmental Advisory Committee (EAC) STAFF MEMO Meeting: Environmental Advisory Committee (EAC) - Oct 12 2022 Staff Contact: Thomas Bradford, EAC Chair Department: Request of Village Manager for EAC to make Recommendations for Use or No Use of Artificial Turf as Landscaping This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: n/a Proposed: n/a PROJECTED TOTAL: n/a BUDGET: n/a Artificial Turf Memo 100522 (Merged) copy ENCUMBERED: n/a Projected Remaining: n/a Page 163 of 176 Agenda Item #4. Village of Tequesta Environmental Advisory Committee Memo To: Environmental Advisory Committee Members From: Thomas G. Bradford, Chair, EAC 1-a Cc: NA Date: October 5, 2022 Subject: EAC Artificial Lawn Recommendations This memorandum addresses issues related to artificial lawns or yards. While the Village Manager requested our EAC recommendations on allowing or banning artificial turf in yards in his September 8 email to me, I quickly learned that there appears to be a clear distinction in in the references between artificial turf used on sports playing fields and artificial turf used on residential lawns. Nevertheless, many parents do not allow their children to play sports on artificial turf for many of the reasons listed below for the cons of artificial lawns, plus artificial sports playing fields often used recycled tires as beads as the base for the artificial sports turf. For clarity, all references herein pertain artificial turf used for residential lawns and will referred to as artificial lawns, artificial grass or synthetic grass. Pros and Cons of Artificial Lawns The pros of artificial lawns are: o No need for irrigation o No need for fertilizer o No need to be mowed o A good solution if you have an area where grass simply won't grow because conditions are shady, wet, acidic, or overused. o Does not get muddy or rutted (and keeps your house cleaner). 1 Page 164 of 176 Agenda Item #4. o The new generation of synthetic grass can fool many into thinking it is real grass. o More economical over time The cons of artificial lawns are: o Made from a mixture of polymers (plastics), which make up the grass, which, over time, breaks down into smaller pieces of plastic which migrates into the soil beneath and the environment. o It's expensive. The cost can run from $10 to $20 per square foot, installed. o It often looks blatantly artificial, particular as it ages. Ersatz, as the Germans would say. o It heats up under full sun. o Artificial grass kills the biomes beneath it and creates dead zones where the soil may no longer absorb CO2 or stormwater.2 o It needs to be sprayed clean and occasionally disinfected. If you have dogs, it needs to be cleaned more often. Artificial grass can trap blood, skin, and animal waste and become a breeding ground for harmful bacteria, like staphylococci. o Not easily recycled. o Can cause "turf -burn" (abrasions). o Artificial turf is a petroleum -based product. This means it can off -gas and potentially lead to health issues like asthma and decreased child development.3 Naturally, I sought out sources of information from municipalities in Florida that have passed ordinances on the subject. I found that the Town of Palm Beach and the City of Winter Park have addressed the subject by way of adopting ordinances regulating the use of artificial turf, but note that even though they call it artificial turf the legislation pertains to what we are referring to in this memo as "artificial grass" for use typically at a home. For example, Palm Beach defines artificial turf as "Artificial turf. A product manufactured from synthetic materials that simulates the appearance of natural turf, grass, sod or lawn." Key Provisions of the Town of Palm Beach Code See Exhibit A for these Palm Beach Code of Ordinances provisions. o Artificial turf regulation is contained within Chapter 66 of the Palm Beach Code entitled "Natural Resource Protection." o Applicable in all zoning districts. o All proposed uses require a permit. o The proposal is reviewed by staff and the architectural commission (ARCOM) or LPC for final approval. Staff will also make a site visit if needed to verify the need. 1 Biome — a large naturally occurring community of flora and fauna. 2 Source -Climate Resolve 3 Source - Angie's List E Page 165 of 176 Agenda Item #4. o May only be installed in limited areas of rear and side yards, or as a driveway accent in any yard, example to include strips of artificial turf placed between stone or concrete driveway pads. o Placement in the front yard is prohibited except as a driveway accent, or in any areas visible from the public right-of-way (regardless of whether it is in the rear or side yard). o No artificial turf shall be installed in the public right-of-way. For example, it cannot be placed in the swale. o Artificial turf is calculated as impervious surface and shall not count towards landscape open space. o Artificial turf material shall be lead-free. Key Provisions of the City of Winter Park Ordinance See Exhibit B for the Winter Park adopted ordinance regulating the use of artificial turf. o Synthetic grass and artificial turf are defined as one in the same made with man-made materials such as polypropylene and polyethylene. o Artificial turf is considered an impervious coverage unless specifically designed and permitted with a proper porous permeable underlying material such as gravel. Standard engineering coefficients of permeability shall be utilized for mixed surfaces. o A permit is required to install. o New total impervious area coverage to include the artificial turf shall be submitted with the permit application. o The first one inch of stormwater runoff from the artificial turf must be retained on site o Installations are not allowed under tree canopies. o Proof of permeability is not required for impervious applications. o If the applicant is claiming the man-made turf is permeable, the artificial turf shall have a backing of a uniform (every square inch) woven material, which precludes the use of a solid backed material with periodic holes. o The required minimum rate of permeability shall be 30 inches per hour uniformly (every square inch) across the artificial turf, if the applicant is claiming permeability. o Underlying material (gravel, drain field rock, sand setting, fabric, etc.) shall be included in the design per the manufacturer's specifications to meet the minimum rate of permeability. o Prior to installation of artificial turf, the property owner shall enter into an agreement, with and in a form acceptable to the City, providing for property owner's and its successors' and assigns' scheduled maintenance activities and annual reports thereof to the City. Among other things, such agreement may provide for: (i) property owner's requirement to remove and/or replace the artificial turf in the future if the artificial turf ceases to function as designed and permitted, is not properly maintained and/or if the expiration of the artificial turf s life expectancy occurs; (ii) the City's remedies in the event property owner fails to comply with its maintenance, repair and replacement obligations; and (iii) property owner's indemnification and hold harmless of the City and its officials and employees with 3 Page 166 of 176 Agenda Item #4. respect to the artificial turf installation, maintenance and repair, including any drainage problem that may arise therefrom. o The property owner is required to routinely maintain artificial turf, including cleaning, brushing, debris removal, repairing and replacement. Such maintenance activities shall ensure that artificial turf continues to function as designed and permitted. The property owner's failure to maintain, repair and/or replace artificial turf in compliance with this section or any agreement entered into with the City as required herein shall constitute a violation of this subsection. Both municipalities have some interesting and unique Code aspects to them to consider for our purposes. It seems that the Palm Beach approach is simpler in that they side step the need for a maintenance agreement with the property owner by simply not allowing artificial grass in the front yard at all. No need to worry about maintenance and neighborhood appearance due to a property's deteriorated worn-out artificial grass in someone's front yard because it isn't allowed in the front yard at all. On the other hand, one can argue the Palm Beach has made a mistake by not concerning themselves with rules for artificial turf when it comes to runoff and the question of permeability like Winter Park has done. Palm Beach just says it is all counted as impervious surface. It is definitely a mistake to ignore the problems associated with runoff due to increases in runoff due to allowing the increased use of impermeable surfaces that can be created by impermeable artificial turf. On the other hand, Palm Beach rightly says that artificial turf does not count toward code required landscape open space requirements. It's not landscaping. Our task is to recommend to the Village whether artificial turf/grass should be: 1) Allowed, without regulation; or 2) Not allowed; or 3) Allowed, but regulated. I have concluded that for me it is definitely a mistake to allow artificial turf without any regulations whatsoever. El Page 167 of 176 Agenda Item #4. TOWN OF PALM BEACH ARTIFICIAL TURF EXHIBIT A REQUIREMENTS • Sec. 66-313. - Artificial turf —Locations. SHARE LINK TO_SECTIONPRINT SECTION DOWN LOAD (DOCX_) OF S_E_CTIONSEMAIL SECTIONCOMPARE VERSIONS In all zoning districts, artificial turf shall be reviewed and may be approved in accordance with the ARCOM Project Designation Manual, or Project Designation Guide for Landmarked and Historically Significant Building properties, and may be installed in limited areas of rear and side yards, or as a driveway accent in any yard, example to include strips of artificial turf placed between stone or concrete driveway pads. Artificial turf shall not be installed in any front yard areas, except as a driveway accent, or in any areas visible from the public right-of-way (regardless of whether it is in the rear or side yard). No artificial turf shall be installed in the public right-of-way. ( Ord. No. 23-2021 , § 2, 12-14-21) • Sec. 66-314. - Artificial turf —Standards. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS All artificial turf shall comply with the following minimum standards: Artificial turf installation shall be approved by either the Architectural Review Commission or the Landmarks Preservation Commission (depending upon the property designation) and all artificial turf installation requires a building permit. Artificial turf is calculated as impervious surface and shall not count towards landscape open space. Artificial turf material shall be lead-free. ( Ord. No. 23-2021 , § 2, 12-14-21) (a) (b) (c) Page 168 of 176 Agenda Item #4. EXHIBIT B ORDINANCE NO. AN ORDINANCE OF THE CITY OF WINTER PARK, FLORIDA, AMENDING CHAPTER 58, CITY OF WINTER PARK CODE OF ORDINANCES, LAND DEVELOPMENT CODE; AMENDING SECTION 58-95 AND ADDING SECTION 58-170 GOVERNING ARTIFICIAL TURF REQUIREMENTS; PROVIDING FOR DEFINITIONS; PROVIDING REQUIREMENTS FOR INSTALLATION AND MAINTENANCE OF IMPERVIOUS AND PERVIOUS ARTIFICIAL TURF; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City Land Development Code currently limits the amount of impervious surface that may be utilized in residential and commercial development; and WHEREAS, the City wishes to clarify that artificial turf, which is a grass mat manufactured with man-made materials used to replicate natural grass, can constitute an impervious surface subject to the relevant City regulations; and WHEREAS, the City further wishes to clarify and enact regulations governing the installation of artificial turf; and WHEREAS, the City finds that this Ordinance advances the interests of the public health, safety, and welfare. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF WINTER PARK, FLORIDA: SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2. Amendment of City Code. Section 58-95 of Chapter 58, Article III of the City Code of Ordinances is hereby amended, and a new Section 58-170 is hereby created in Chapter 58, Article V, Division 1 of the City Code of Ordinances, all as follows (words that are stilt are deletions; words that are underlined are additions; stars * * * * * indicate breaks between sections, subsections, or paragraphs and do not indicate changes to the City Code; provisions not included are not being amended): Sec. 58-95. - Definitions. For the purposes of this article, certain terms or words used herein shall be interpreted as follows: Artificial Turf or synthetic grass means an artificial grass mat manufactured with man- made materials such as polypropylene, polyethylene, and/or other materials, which is used to replicate the appearance of natural grass. Page 169 of 176 Agenda Item #4. EXHIBIT B Impervious coverage means the percentage of the lot land area that is covered with impervious materials such as building, swimming pools (including �pool water and pool decks), decks, patios, driveways, etc. Artificial turf shall also be considered an impervious coverage unless specifically designed and permitted with a proper porous permeable underlying material such as r� Standard engineering coefficients of permeability shall be utilized for mixed surfaces. Land located across a street and separated from the building site shall not be included in the available land area calculation. Sec. 58-170. — Artificial Turf Installation. The following requirements shall govern the installation of artificial turf. al Impervious installations 1) A permit shall be required to install. 2) New total impervious area coverage to include the artificial turf shall be submitted with the permit application. 3) Proof of permeability is not required. 4) The first one inch of stormwater runoff from the artificial turf must be retained on site in accordance with Sec. 58-163. 5) Installations are not allowed under tree canopies. N Pervious installations 1) A permit shall be required to install. 2) Artificial turf shall have a backing of a uniform (every square inch)woven material, which precludes the use of a solid backed material with periodic holes. 3) The required minimum rate of permeability shall be 30 inches per hour uniformly (every square inch) across the artificial turf. 4) Underlying material (gravel, drainfield rock, sand setting, fabric, etc.) shall be included in the design per the manufacturer's specifications to meet the minimum rate of permeability. 5) Prior to installation of artificial turf, the property owner shall enter into an agreement, with and in a form acceptable to the City, providing for property 2 Page 170 of 176 Agenda Item #4. EXHIBIT B owner's and its successors' and assians' scheduled maintenance activities and annual reports thereof to the City. Among other things, such agreement may provide for: (i) property owner's requirement to remove and/or replace the artificial turf in the future if the artificial turf ceases to function as designed and permitted, is not properly maintained and/or if the expiration of the artificial turf's life expectancy occurs; (ii) the City's remedies in the event property owner fails to comply with its maintenance, repair and replacement obligations; and (iii) property owner's indemnification and hold harmless of the City and its officials and employees with respect to the artificial turf installation, maintenance and repair, including any drainage problem that may arise therefrom. I Maintenance of artificial turf The property owner shall routinely maintain artificial turf, including cleaning, brushing, debris removal, repairingand nd replacement. Such maintenance activities shall ensure that artificial turf continues to function as designed and permitted. The property owner's failure to maintain, repair and/or replace artificial turf in compliance with this section or any agreement entered into with the City as required herein shall constitute a violation of this subsection. SECTION 3. Codification. Section 2 of this Ordinance shall be codified into the Winter Park City Code. Any section, paragraph number, letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this Ordinance and the City Code may be freely made. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Park, Florida (the "Effective Date"), and shall apply to all applications for permits received on or after the Effective Date. ADOPTED this day of , 2021, by the City Commission of the City of Winter Park, Florida. CITY COMMISSION CITY OF WINTER PARK Steve Leary, Mayor 3 Page 171 of 176 Agenda Item #4. EXHIBIT B ATTEST: Rene Cranis, City Clerk SAAKA\OLIENTS\Winter Park\Public Works Department W600-26039\Artificial turf ordinance\Ord. for Artificial Turf Regulations 124-2020.docx Page 172 of 176