Ordinance 2018-4183201 8 -4183
ARTIFICIAL GRASS - CHAPTER 126 LANDSCAPE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND
DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 126,
"LANDSCAPE REQUIREMENTS," SECTION 126 -2, "DEFINITIONS," TO
PROVIDE DEFINITIONS FOR "GRASS," AND "ARTIFICIAL GRASS ";
BY AMENDING SECTION 126 -6(B) BY MODIFYING THE
REQUIREMENTS FOR ALLOWABLE SOD AREAS IN SINGLE FAMILY
DISTRICTS, INCLUDING PROVISIONS FOR ARTIFICIAL GRASS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, it is in the best interest of the City to improve the aesthetic appearance of
new development and protecting designated historic landscapes; and
WHEREAS, the City seeks to promote sound landscaping principles through the use of
drought and salt tolerant plant species and also to promote planting the right tree and plant in
the right place; and
WHEREAS, the City seeks to increase and improve green space in order to improve
storm water management; and
WHEREAS, the City seeks to utilize landscaping in order to ameliorate noise impacts
and light pollution; and
WHEREAS, the adoption of the provisions set forth below are necessary to accomplish
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 126, entitled "Landscaping," of the Code of the City of Miami Beach is
hereby amended as follows:
Sec. 126 -2 — Definitions
The Definitions Section within Chapter 46, Environment, of the Code of the City of Miami Beach,
forms part of this regulation. For the purposes of this Chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this Section:
Page 1 of 3
Grass, Artificial: A grass mat manufactured with man -made materials such as polypropylene,
polyethylene and installed as a pervious system on a finely graded sand layer over filter fabric
on gravel, drainfield rock and on a compacted subgrade.
Grass: Any natural variation of grasses (such as St. Augustine, Zoysia, Bermuda)
grown to form a dense surface layer. This definition shall also apply to sod.
Sec. 126 -6 Minimum Standards
The following standards shall be considered minimum requirements unless otherwise indicated
in the Land Development Regulations:
(b) Lawn Grass /Sod Area /Artificial Grass.
(1) Lawn grass /sod Grass areas, including lawn and sod areas, shall be planted with
natural growing species well adapted to localized growing conditions in the City.
Grass areas shall be sodded and used in swales or other areas subject to erosion.
(2) Exclusions from maximum permitted lawn areas:
a. Stabilized grassed areas used for parking
b. Grassed areas designated on landscape plans and actively used for sports,
playgrounds or picnic areas.
c. Grassed areas in the right -of -way
d. Stormwater retention /detention areas planted in grasses which are very
drought tolerant, as well as tolerant to wet soils.
e. Very drought tolerant grasses and low growing native plants, including
grasses and forbs may be used as groundcover beyond the maximum
permitted grass areas.
(3) Artificial grass areas may be permitted within required rear yards in single family
zoning districts, in accordance with the following:
a. Artificial grass shall be allowed as an alternative to lawn grass and shall
count towards the maximum lawn area as described in Table A.
b. Artificial grass shall be installed as a system that is pervious and contributes
to storm drainage. The permeability shall be equal to or greater than that of
natural grass.
c. Landscape permit plans shall be provided with artificial grass system
specifications, sections and details for review and approval by planning
department staff.
d. Applicants shall provide an owner affidavit agreeing to perpetually maintain
the artificial grass system in good working order in order to ensure that there
is continued ground permeability.
Page 2 of 3
e. The artificial grass system shall utilize organic plant - derived and other natural
infill components to the maximum extent feasible, including but not limited to
cork, coconut, corn husk, rice husk, and sand. The use of crumb rubber and
other synthetic materials shall be minimized.
(34) Maximum permitted lawn grass /sod areas for all zoning districts are referenced in
Table A.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all Section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or reentered to accomplish
such intention; and that the word "ordinance" may be changed to "Section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any Section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED and ADOPTED this f1 day of Apr,
ATTEST:
L112 -d i r
Rafa E. Granado, City Clerk
First Reading: March 7, 2018
Second Reading: April 11, 2018
, 2018.
Dan Gelber, Mayor
(Sponsor: Com i issioner ohn Eliz bet
Verified by:
\NON
Thomas R. Mooney,
Planning Director
Underscore denotes new language
Strikethrough denotes deleted language
APPROVED AS TO
FORM & LANGUAGE
FO r EXE UTION
G• V
City Attorne
T:WGENDA\2018 \03 March \Planning\Artifical Grass Chapter 126 Landscaping - First Reading ORD.docx
Page 3 of 3
Date
MIA /v',
BEACH
Ordinances - R5 F
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 11, 2018
10:25 a.m. Second Reading Public Hearing
SUBJECT: ARTIFICIAL GRASS - CHAPTER 126 LANDSCAPE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY
AMENDING CHAPTER 126, "LANDSCAPE REQUIREMENTS," SECTION 126 -2,
"DEFINITIONS," TO PROVIDE DEFINITIONS FOR "GRASS," AND "ARTIFICIAL
GRASS "; BY AMENDING SECTION 126 -6(B) BY MODIFYING THE
REQUIREMENTS FOR ALLOWABLE SOD AREAS IN SINGLE FAMILY
DISTRICTS, INCLUDING PROVISIONS FOR ARTIFICIAL GRASS; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On September 13, 2017, the City Commission referred a discussion item to the Sustainability and
Resiliency Committee (SRC) to consider an amendment to the City Code to allow greater usage of
artificial turf by residents, to match advancements in technology that have made artificial turf systems
more permeable than natural turf. This item is sponsored by Vice Mayor John Elizabeth Aleman. On
October 30, 2017, the SRC discussed the item and directed the Administration to draft an ordinance
that would allow for artificial turf in rear yards and continued the discussion to December 11, 2017.
On December 11, 2017, the SRC endorsed the draft Ordinance prepared by the Administration, with
minor revisions, and recommended that the City Commission refer the item to the Planning Board.
On January, 17, 2018 the City Commission referred the item to the Planning Board (Item C4 G).
PLANNING ANALYSIS
The City's Land Development Regulations (LDRs) require the use of natural growing plant material
within all required setbacks. Additionally, the recently adopted changes to Chapter 126 of the LDR's
(landscaping) establish minimum landscape standards and include limits to allowable lawn (natural
grass) areas, to promote a greater diversity of native plant material.
Under the LDR's, artificial turf and /or synthetic grass is permissible in areas outside of the minimum
required yard setbacks, as well as an allowable encroachment within a required yard. Any placement
of artificial grass within a required yard, which is beyond the allowable encroachment limitations
detailed in the LDR's, requires a land use board variance.
816
The attached draft ordinance provides for artificial grass to be utilized in the required rear yards of
single family homes in place of natural grass. The use of artificial grass would be subject to the same
limitations of natural grass, including a limitation that it not exceed 50% of required open space on the
property. The proposed use of artificial grass would be reviewed and approved by staff, rather than
require land use board approval.
The draft ordinance requires that artificial grass be installed as a system that would allow for
drainage that equals or exceeds that of natural grass. Additionally, the proposed ordinance would
require that the owner submit an affidavit agreeing to maintain the artificial turf in good working order,
as the artificial grass systems tend to clog over time, reducing their permeability, and creating the
potential for flooding during rain events.
The following is a summary of the proposed regulations for the allowance of artificial grass in required
rear yards within single family zoning districts:
• Artificial grass shall be allowed as an alternative to lawn grass and shall count towards the maximum
lawn area of 50% in single family districts.
• Artificial grass shall be installed as a system that is pervious and contributes to storm drainage. The
permeability shall be equal to or greater than that of natural grass.
• Landscape permit plans shall be provided with artificial grass system specifications, sections and
details for review and approval by planning department staff.
• Applicants shall provide an owner affidavit agreeing to perpetually maintain the artificial grass
system in good working order in order to ensure that there is continued ground permeability.
Additionally, the SRC recommended criteria for the newer generation of plant- derived organic
systems, which require fewer synthetic chemicals that can be harmful to the environment and health.
Accordingly, the following additional criterion has incorporated into the ordinance:
• The artificial grass system shall utilize organic plant- derived and other natural infill components to
the maximum extent feasible, including but not limited to cork, coconut, corn husk, rice husk, and
sand. The use of crumb rubber and other synthetic materials shall be minimized.
PLANNING BOARD REVIEW
On February 27, 2018, the Planning Board transmitted the proposed Ordinance Amendment to the
City Commission with a favorable recommendation.
UPDATE
The subject Ordinance was approved at First Reading on March 7, 2018, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
817
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
Form Approved ORDINANCE - Artificial Grass
818