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2023-14 Code Amendment - Artificial Turf -Synthetic GrassORDINANCE NO. 2023-14 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 45-29, "ARTIFICIAL TURPSYNTHETIC GRASS;" PROVIDING FOR PERMITTED LOCATIONS; PROVIDING FOR MATERIAL STANDARDS AND SPECIFICATIONS; PROVIDING REGULATIONS FOR INSTALLATION, MAINTENANCE AND REPAIR; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, while Section 45-85 of the Village Code prohibits the use of artificial plants or vegetation to meet the mandated landscaping requirements set forth in Article VIII, "Landscaping," of Appendix C (Chapter 45), the provisions of Article VIII are inapplicable to the construction, renovation, or replacement of single-family or two-family dwellings; and WHEREAS, based on a recommendation from the Ad Hoc Committee, the Village wishes to allow the installation of artificial turf on lots occupied by single-family and two-family dwellings subject to the adoption of regulations governing: minimum material standards; installation, maintenance, and repair; permitted locations; and existing artificial turf; and WHEREAS, on March 7, 2023 and May 2, 2023, the Planning Commission, sitting as the Local Planning Agency, conducted public hearings to review this Ordinance and provided a recommendation to the Village Council; and WHEREAS, having considered the recommendation of the Planning Commission and conducted all required advertised public hearings, the Village Council determines that the adoption of this Ordinance is in the interests of the health, safety, and welfare of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing "Whereas" clauses are hereby ratified and incorporated herein. Section 2. The Village Council hereby amends Article III, "District Regulations," of Appendix C (Chapter 45) of the Village Code of Ordinances by adopting a new Section 45-29 to read as follows (additional language is underlined): Sec. 45-29. Artificial turf/synthetic grass. O Locations permitted. ( Artificial turf (also referred to as synthetic ,grass) shall only be �-' permitted on lots improved with a single-family or two-family dwelling. Q Artificial turf is limited to rear and side yards. M Artificial turf shall not be permitted in the front yard or in any area visible from a public right-of-wU (even if in the rear or side yard) unless it is placed in between paver blocks or similar materials in a manner where the area for the artificial turf does not exceed four (4) inches in width and it does not exceed fifty (50) percent of the total area using the paver blocks or similar materials Screening as approved by the community development department, may be used in order to comply with visibility requirement. No artificial turf shall be placed in any public right-of-way. Minimum material standards. All artificial turf shall comply with the following minimum standards: Artificial turf shall consist of green lifelike individual blades of grass that emulate natural turf in look and color, as approved by the Village building official, and shall have a minimum pile height of one and one- half (1-1 /2) inches, unless otherwise approved by the Village building official, and shall have a minimum tufted weight of fifty-six (56) ounces per square yard. Putting greens shall be permitted with a minimum pile height of one-quarter (1/4) inch; however, putting_greens shall be located in the rear yard only, shall not count toward the minimum landscaped area as set forth in subsection (e) below and shall require submission of a drainage plan along with the building ermit application. Artificial turf installations shall have a minimum permeability of thirty (30) inches per hour per square yard. All artificial turf shall have a minimum fifteen (15) year manufacturer's warranty that protects against color fading and a decrease in pile height Artificial turf shall be lead-free. All materials must include test documentation which declares that the artificial turf yarn and backing materials are disposable under normal conditions, at any U.S. landfill station (Total Content Leach Protocol (TCLP) test The use of indoor or outdoor carpeting as a replacement for artificial turf or natural turf shall be prohibited. Infill materials for artificial turf are limited to organic materials and sand with a non-toxic coating. Page 2 of 4 (c) Installation, maintenance, and repair. All artificial turf shall, at a minimum, be installed accordingto o the manufacturers specifications. All artificial turf installations shall be anchored to ensure that the turf withstands the effects of wind. All seams shall be nailed and glued, not sewn, and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look. If artificial turf is planned to be installed immediately adjacent to a seawall, the artificial turf shall be pinned or staked behind the seawall. No artificial turf or installation mechanism shall be attached directly to or placed on a seawall or seawall cap. Proper drainage shall be provided for all artificial turf installations to prevent excess runoff or the pooling of water. Artificial turf shall be visually level, with therg ain pointing in a single direction. An appropriate barrier device (e.g., concrete mow strip, bender board, brick pavers, river rock, landscaping) is required to separate artificial turf from soil and live vegetation. 0 Precautions for installation around existing trees shall be monitored and may be restricted to ensure tree roots are not damaged with the installation of the base material and that the overall health of the tree will not be compromised. j All artificial turf shall be maintained in a green, fadeless condition free of dirt, mud, stains, weeds, debris, tears, holes, and impressions. Maintenance shall include, but not be limited to cleaning, brushing and debris removal; repairing of depressions and ruts to maintain a visually - level surface; elimination of any odors, flat or matted areas, weeds, and evasive roots; and all edges of the artificial turf shall not be loose and must be maintained with appropriate edging or stakes. 10 All artificial turf must be replaced if it falls into disrepair with fading or holes or loose areas. Replacement and/or repairs shall be performed with like for like materials from the same manufacturer, if possible, and done so in a manner that results in a repair that blends in with the existing artificial turf. 11 An owner or applicant shall obtain a building permit from the community development department prior to the installation of any artificial turf. Page 3 of 4 12 The village or other public entity or utility company may remove artificial turf located within an easement at any time for any reason, including, but not limited to, providing underground access for utility work. The prosy owner shall bear and pay any and all costs to replace or reinstall the artificial turf. (d) Existing artificial turf For those properties where artificial turf is currently installed and the artificial turf does not meet the requirements of this section, full compliance shall be required when the existing artificial turf is replaced (e) Pervious area. Artificial turf installed in compliance with the requirements of this section shall be considered as one hundred percent 100%) pervious area and shall count toward the required minimum landscaped area Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding. shall not affect the remainder of the Ordinance. Section 5. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS 22ND DAY OF JUNE 2023. PLACED ON SECOND, FINAL READING AND PASSED THIS 24TH DAY OF AUGUST 2023. ca NoR Th(VillagQRIL)A � a DE Y VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: O VILLAGE ATTORNEY Page 4 of 4