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HomeMy WebLinkAboutOrdinance_11-23_12/14/2023 ORDINANCE NO. 11-23 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. TO PROVIDE NEW REGULATIONS FOR THE USE, INSTALLATION AND MAINTENANCE OF ARTIFICIAL TURF; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, The use of artificial turf is becoming a more popular alternative to natural grass in certain circumstances; and WHEREAS, the Village code is silent regarding the use of artificial turf; and WHEREAS, the Village Council desires to place reasonable regulations, in conformance with current best practices and comparable codes in neighboring jurisdictions, into the Village's Code of Ordinances; and WHEREAS, Village Staff recommends adoption of the regulations proposed by this ordinance as being necessary to ensure protection of the public health, safety, and welfare; and WHEREAS, the Village Council desires to adopt this ordinance, and has determined that such adoption will best serve the public welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IX. Supplemental Regulations. Division 4. Landscaping, to provide new regulations for the use, installation and maintenance of artificial turf; providing that Chapter 78, Article IX, Division 4 shall hereafter read as follows: 1 DIVISION 4. - LANDSCAPING Sec. 78-391. - Purpose and intent. (a) The intent of this division is as follows: (1) To provide standards for the development, installation, and maintenance of landscaping that adheres to the principles of Florida-friendly landscaping and encourages creative landscape design, construction and management to minimize the potential adverse impacts associated with adjacent land uses of varying intensities. (2) To provide the physical benefits of using plant material as a function of sustainability. (3) To provide minimum standards for landscaping new developments or for redevelopment. (4) To promote water conservation, water quality improvement, and vegetation protection objectives by providing for: a. The re-establishment of native plant communities; b. The use of plant materials appropriate to the location, including hardiness zone, soil type, moisture conditions, light and mature plant size; c. The implementation of Florida-friendly landscaping principles as identified by the Florida Yards and Neighborhoods program operated by the University of Florida's Institute of Food and Agricultural Services Extension ("UF/IFAS Extension") and A Guide to Florida-friendly Landscaping: Florida Yards and Neighborhoods Handbook, Best Management Practices ("BMPs") identified in the Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries (2008), and as provided by law; and d. The use of specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. (5) To provide regulations for use of artificial turf. (b) This division shall be a minimum standard. This division shall not be interpreted to restrict creative designs or the inclusion of landscape elements such as vegetable gardens, fruit trees, arbors, or water gardens. [Comment: Florida Statutes 166.048, and 373.185 provide that a deed restriction or covenant may not prohibit any property owner from implementing Xeriscape or Florida-friendly landscape practices on his or her land. Artificial turf is not to be considered a component of either xeriscape or Florida friendly landscape. Sec. 78-392. - Applicability. (a) The provisions of this division shall apply to the development, redevelopment, rehabilitation, and maintenance of all property within the Village of Tequesta, as specified herein. Whenever regulations or restrictions imposed by this ordinance conflict with other ordinances or regulations, or are either more or less restrictive than regulations or restrictions imposed by any governmental authority though 2 legislation, rule or regulations, the regulations, rules or restrictions which are more restrictive or which impose the highest standards or requirements shall govern. (1) No permit shall be issued for new construction for building or paving, or for new landscaping installation or landscaping renovation in excess of 50 percent of the estimated value of the existing landscaped areas unless the landscape plans and specifications comply with the provisions hereof; and no certificate of occupancy, certificate of completion or similar final approval shall be issued until the requirements herein are met. (2) All village facilities will be managed in accordance with Florida Friendly Landscaping practices by March 31, 2013. All new and renovated Village facility landscapes will be designed in accordance with these principles and be constructed and installed using Florida-Friendly landscape materials. Parks, open spaces and trails will be designed with these principles in mind, as applicable. All village landscape service contractors will adhere to these practices. All new bid specifications and contracts will reflect this requirement beginning one year after the approval of this regulation. (3) Specific application of the Florida-Friendly landscape provisions of this division shall include, but not be limited to: a. All new landscapes for private development projects including, but not limited to, commercial, residential, mixed use and recreation projects, including new single-family and two-family homes; b. Developer-installed landscapes at entrances into and common areas of single-family and multi-family projects; c. Any development approved prior to April 12, 2012, if the site plan or other permit guiding landscaping is thereafter amended or modified to an extent greater than 50 percent of the value of the existing development. (b) Exempted from the provisions of the Florida-Friendly landscape requirements (note: not irrigation requirements) are the following, as applicable: (1) (4-) Bona fide agricultural activities as defined in the Florida Right to Farm Act, F.S. 823.14; (2) Other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing of livestock; (3) Athletic fields; (4) Golf course practice and play areas; however, all golf course landscaping shall comply with the provisions of the Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses" when applying fertilizer to such practice and play areas; (5) Any development with an approved site plan or valid building permit issued prior to April 12, 2012, subject to the modifications listed above; (6) Turfgrass in a dedicated stormwater management area or canal maintenance area or similar and shall not be calculated in the percentages of turfgrass; (7) Public parks and other play areas indicated on an approved site plan; (8) Cemeteries; (9) Rights-of-way for public utilities, including electrical transmission and distribution lines, and natural gas pipelines; 3 (10) Vegetable gardens; however, vegetable gardens shall only be exempt from fertilizer management requirements when located more than ten feet from any water body or wetland; (11) Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. (12) Use of artificial turf in conformance with the regulations at Sec. 78-396.5 below. (c) Exemptions to the requirements of this division may be granted by variance for individual projects if the applicant can demonstrate that compliance will be impractical and will result in an undue hardship. Sec. 78-393. - Definitions. The following terms, when used in this division, shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning: ANSI A300 Standards: American National Standard for Tree Care operations published by the National Arborist Association and approved by the American National Standards Institute. Artificial Turf: A man-made surface of synthetic fibers manufactured to look like sod or lawn. Automatic controller: A mechanical or electronic device, capable of automated operation of valve stations to set the time, duration and frequency of a water application. Best management practices (BMPs): A practice or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. Caliper: Quantity in inches of tree trunk diameter measured at four and one half feet above the ground. Canopy tree: Any single trunked, self-supporting plant, upright in growth, with a minimum size of 16 feet high, six-foot spread, four-inch caliper and five feet of clear trunk for commercial and multi-family properties, and 14 feet high, five-foot spread, three-inch caliper and four feet of clear trunk for single family and duplex lots. Multi- stem trees may be allowed on a case by case basis based on variety and natural growth characteristics. 4 Code enforcement officer, official, or inspector. Any designated employee or agent of the Village whose duty it is to enforce codes and ordinances enacted by the Village. Constant pressure/flow control: A device that maintains a constant flow, or pressure, or both. Drought-tolerant.- A plant that is capable of surviving a dry spell of more than two or three months without supplemental watering. Emitter: This term primarily refers to devices used in microirrigation systems. Filter: A device in irrigation distribution systems that separates sediment or other foreign matter. Florida-friendly landscape: The principles of Florida-friendly landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protections. Additional components of Florida-friendly landscape include planning and design, soil analysis, the uses of solid waste compost, practical use of turf, and proper maintenance. Ground cover. Low growing plants, other than turfgrass or artificial turf, used to cover the soil and form a continuous, low mass of foliage. Hnrdscape: Areas such as patios, decks, driveways, paths and sidewalks that do not require irrigation. Hatracking: Cutting back of tree limbs to a point between branch collars/buds (internodal cutting) larger than one inch in diameter within the tree's crown. Hydrozone: A distinct grouping of plants with similar water needs and climatic requirements. Impervious surface: Those surfaces which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks and any areas of concrete or asphalt. Irrigated landscape area: All outdoor areas that require a permanent irrigation system. Irrigation system: An artificial watering system designed to transport and distribute water to plants. Irrigation zone: A grouping of sprinkler heads, soakers, bubblers, or microirrigation emitters operated simultaneously by the control of one valve. 5 Landscape: Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and non-living landscape material (such as rocks, pebbles, sand, mulch or decorative paving materials). Non-living landscape material shall not be used as major landscape ground cover. In no case shall these materials exceed ten percent of the landscaped area. Artificial turf is not included in the category of "non-living landscape material. Landscape plan: Plans and drawings showing the location of buildings, structures, pedestrian, transportation, or environmental systems, and the detail for placement of site amenities, accessibility components, plantings and other tangible objects. Plans shall include installation details for plant materials, soil amendments, mulches, edging and other similar materials. Plans shall be numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed professional where required by F.S. ch. 481, pt. II . Landscape plant: Any native or exotic tree, shrub, or groundcover (excluding turf). Landscaped area: The entire parcel; less the building footprint, driveways, hardscapes such as decks and patios, and non-porous areas. Water features are included in the calculation of the landscaped area. This landscaped area includes areas of artificial turf used in conformance with the regulations at Sec. 78-396.5 below This landscaped area includes Xeriscape as defined in F.S. ch. 373.185(1)(b)_. Landscape strip: a strip of land along the perimeter of the site containing trees, barriers, ground cover and/or other plant material. Low-flow point applicators: Irrigation applicators with output less than 60 gallons per hour (gph). Microirrigation (low volume): The application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes (laterals). Microirrigation encompasses a number of methods or concepts including drip, subsurface, bubbler, and spray irrigation, previously referred to as trickle irrigation, low volume, or low flow irrigation that deliver water directly to plant root zones with a high degree of efficiency, no runoff, and little to no evaporation. Moisture sensing device or soil moisture sensor: A device to indicate soil moisture in the root zone for the purpose of controlling an irrigation system based on the actual needs of the plant. Mulch: Non-living, organic or synthetic materials customarily used in landscape design to retard erosion and retain moisture. 6 Native vegetation: Any plant species with a geographic distribution indigenous to all, or part, of the State of Florida as identified in: Guide to Vascular Plants of Florida, R.P. Wunderlin, 1998, University Press of Florida, Gainesville or the Atlas of Florida Vascular Plants (http://www.florida.plantsataIs.usf.edu/). Native vegetation shall consist of those plant species indigenous to the ecological communities of South Florida. Person: Any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. Pervious surface: Any area of land that is landscaped or planted, allows natural passage of water, and is not covered by impervious materials or structures. Pervious surfaces include pervious paving materials. Pervious paving materials: A porous asphaltic, concrete or other surface and a high- void aggregate base which allows for rapid infiltration and temporary storage of rain on, or runoff delivered to, paved surfaces. Plant bed: A grouping of trees, shrubs, ground covers, perennials or annuals growing together in a defined area devoid of turfgrass, normally using mulch around the plants. Plant communities: An association of native plants that are dominated by one or more prominent species, or a characteristic physical attribute. Planting plan: Specifications and installation details for plant materials, soil amendments, mulches, edging, gravel, and other similar materials. Point of connection: The location where an irrigation system is connected to a water supply. Pop-up sprays: Spray heads that pop up with water pressure and provide a continuous spray pattern throughout a given arc of operation. Pressure tank. A pressurized holding tank for irrigation water coming from wells to minimize cycling of the water pump. Rain sensor device: A low voltage electrical or mechanical component placed in the circuitry of an automatic irrigation system that is designed to turn off a sprinkler controller when precipitation has reached a pre-set quantity. Runoff. Water that is not absorbed by the soil or landscape and flows from the area. Sod or lawn: A piece of turf-covered soil held together by the roots of the turf. 7 Soil moisture sensor. See "moisture sensing device". Synthetic grass: See "artificial turf." Tree: Any self-supporting woody plant, together with its root system, growing upon the earth, usually with one trunk of at least three inches in diameter at a height of four and one-half feet above the ground or a multistemmed trunk system with a definitely formed crown. Turf and/or turfgrass: A mat layer of monocotyledonous plants such as Bahia, Bermuda, Centipede, Seaside, Paspalum, St. Augustine, and Zoysia. Valve: A device used to control the flow of water in the irrigation system. Village: The Village of Tequesta, Florida. Water use zone: See "Hydrozone". Sec. 78-394. - Florida-friendly landscaping general provisions; design standards. [This section shall remain in full force and effect as previously adopted.] Sec. 78-395. - Shoreline considerations. [This section shall remain in full force and effect as previously adopted.] Sec. 78-396. - Turf areas and soils. (a) All turf areas shall be sodded using species suitable as permanent lawns in Tequesta. Where appropriate, turf species that require minimum irrigation are encouraged. The type and location of turf areas shall be selected in the same manner as with all other plantings. Irrigated turf areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic, provide for recreational use, provide cover for septic tank drainfields, or provide soil erosion control such as on slopes or in swales; and where turf is used as a design unifier, or other similar practical use. As a matter of public safety, no turf that requires mowing shall be allowed on slopes greater than 4:1 or within six feet of the water's edge, except where adjacent to seawalls and bulkheads or needed to control erosion. Turf areas shall be identified on the landscape plan when a landscape plan is required. b) Artificial turf may be used in conformance with the regulations at Sec. 78-396.5 below. (c b) Soils vary from site to site and even within a given site. Soil analysis information is needed for proper selection of plants and, if needed, soil amendments. A soil analysis based on random sampling is required and shall be performed by a 8 reputable soil testing lab or University of Florida/IFAS Cooperative Extension facility. Any new soil required shall be similar to the existing soil in pH, texture, permeability and other characteristics, unless convincing evidence is provided that a different type of soil amendment approach is justified. The use of solid waste compost as a soil amendment is encouraged. Sec. 78-396.5. — Artificial turf I synthetic grass. a) Locations permitted. (1) Artificial turf/ synthetic grass is a permitted use on lots improved with single family or two-family dwellings. 2) Artificial turf / synthetic grass may be used for purposes associated with the principal use of any commercial or mixed-use zoned property as a special exception. Special exception approval pursuant to Sec. 78-362 through Sec. 78- 365 shall be required prior to obtaining the required building permit. 3) Artificial turf may be placed in side or rear yards when concealed from view from the adjacent right-of-way. (4) Artificial turf may be placed in front yards only as a decorative arid design in con'unction with approved pavement materials (pavers or the like) for a walkway and driveway. Artificial turf, turf synthetic grass may not be used as a barrier or border to a paved or asphalt walkway or driveway. (5) Artificial turf is prohibited in any public right-of-way. 6) Artificial turf, inclusive of putting greens, may comprise up to a maximum of 10% of the required landscape area on any lot. (7) Putting greens comprised of artificial turf are permitted in the rear yard only. pursuant to regulations set forth at subsection (d) below. (b) Minimum standards for artificial turf. (1) Artificial turf shall consist of green life-like individual blades that emulate natural turf or turfgrass in color, texture and size. Artificial turf shall have a minimum pile heiaht of one and one-half (1 '/2) inches, and a minimum tufted weight of fifty-six (56) ounces per square yard. (2) Artificial turf shall be installed to have a minimum permeability of thirty (30) inches per hour per square yard. (3) Artificial turf shall have a minimum fifteen (15) year manufacturer's warranty that protects against color fading and decrease in pile height. 4) Artificial turf shall be lead-free. (5) Artificial turf shall come with "Total Content Leach Protocol" -TCLP- test documentation declaring that the yarn and backing material are disposable under normal conditions at any U.S. landfill station. 6) Infill materials for artificial turf must be organic or sand, with a non-toxic coating. (7) The use of "indoor / outdoor" carpeting as a replacement or substitute for artificial turf is strictly prohibited. (8) Any reasonable deviation form these minimum standards must be approved in writing and in advance by the Building Official for good cause shown. (c) Installation, repair, and maintenance of artificial turf. 9 (1) Installation of artificial turf shall be pursuant to-a building permit issued by the Building Department. (2) Installation shall be, at a minimum, in accordance with manufacturer's specifications. 3) Artificial turf shall be anchored in order to withstand the effects of wind. 4) Seams shall be nailed and glued (not sewn) and all edges shall be trimmed to fit against all regular and irregular edges in order to present a natural look. 5) When installed adjacent to a seawall, artificial turf shall be pinned or staked behind the seawall and shall not be attached directly to the seawall or seawall cap. (6) Sufficient drainage shall be provided in order to prevent excess runoff or pooling of water. 7) Artificial turf shall be installed so it is visually level and with the grain pointing in a uniform, single direction. 8) Barriers such as pavers, river rock or other non-living landscape material shall be utilized to separate artificial turf from live landscaping material, turf or turfarass. (9) Artificial turf shall not be installed inside any tree drip line in order to protect tree root systems. (10) Artificial turf shall be maintained in a "like new" condition free of weathering and fading. Artificial turf areas shall be kept free of dirt, debris, stains, and weeds. Tears, holes, ruts, depressions and the like shall be repaired immediately with like for like materials, from the same manufacturer if possible. Edges shall be properly anchored and shall not present a "loose" appearance. (11) Artificial turf that is placed in any utility easement may be removed by the Village or other utility provider at any time for any reason reasonably related to the easement's purpose. The property owner shall be responsible for the repair or replacement of any such removed artificial turf. d) Putting greens may be comprised of artificial turf with a minimum pile height of one quarter(1/4) inch. Putting greens shall not exceed 500 square feet in size. A drainage plan for the putting green must be approved by the Village engineer and a permit issued by the Building Official is required prior to installation. e) Properties with existing artificial turf that was previously installed in violation of the location landscape area percentage, or quality requirements of this section may remain until it is required to be replaced, at which time full compliance with this section shall be required. (f) Artificial turf installed in compliance with this section shall be considered as pervious area and shall count toward the required minimum landscape area. Sec. 78-397. - Prohibited plant species. [This section shall remain in full force and effect as previously adopted.] Sec. 78-398. - Irrigation. [This section shall remain in full force and effect as previously adopted.] 10 Sec. 78-399. - Maintenance. [This section shall remain in full force and effect as previously adopted.] Sec. 78-400. - Landscape plans. [This section shall remain in full force and effect as previously adopted.] Sec. 78-401. - Compatibility with streetscape plans. [This section shall remain in full force and effect as previously adopted.] Sec. 78-402. - Landscaping on single-family and duplex lots. [This section shall remain in full force and effect as previously adopted.] Sec. 78-403. - Landscaping abutting residential areas; perimeter planting strip required. [This section shall remain in full force and effect as previously adopted.] Sec. 78-404. - Ground cover and trees in planting strips. [This section shall remain in full force and effect as previously adopted.] Sec. 78-405. - Accessways through landscaped areas. [This section shall remain in full force and effect as previously adopted.] Sec. 78-406. - Interior landscaping of parking areas. [This section shall remain in full force and effect as previously adopted.] Sec. 78-407. - Planting strip for parking areas abutting other parking area. [This section shall remain in full force and effect as previously adopted.] Sec. 78-408. - Percentage of landscape coverage required. 11 [This section shall remain in full force and effect as previously adopted.] Sec. 78-409. - Landscaping around principal structures. [This section shall remain in full force and effect as previously adopted.] Sec. 78-410. - Notice of violation. [This section shall remain in full force and effect as previously adopted.] Sec. 78-411. - Show cause hearing; right of village to do work and assess costs; additional remedies. [This section shall remain in full force and effect as previously adopted.] Sec. 78-412. - Assessment to constitute lien. [This section shall remain in full force and effect as previously adopted.] Sec. 78-413. - Performance surety. [This section shall remain in full force and effect as previously adopted.] Sec. 78-414. - Education. [This section shall remain in full force and effect as previously adopted.] Sec. 78-415. - Incentives. [This section shall remain in full force and effect as previously adopted.] Sec. 78-416. - Enforcement and monitoring. [This section shall remain in full force and effect as previously adopted.] Secs. 78-417-78-440. - Reserved. 12 Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon adoption. 13 44. .i" ORDINANCE Date 11-23 12-14-2023 Upon Second Reading Motion Vice-Mayor Laurie Brandon Second Council Member Rick Sartory FOR AGAINST ABSENT CONFLICT Mayor Molly Young ❑x ❑ ❑ ❑ Vice-Mayor Laurie Brandon Council Ej © ❑ Member Patrick Painter Council ❑x ❑ ❑ Member Rick Sartory Council © ❑ Member Thomas G. Bradford ❑x © ❑ The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Molly Young o,,,,,,,,,E o,,,,,, ATTEST: ��'�' GORPO F ,; 9y:p v,OR�iq�. cn Lori McWilliams MMC Village Clerk