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Board accepts developer's waiver to allow artificial turf in tree lawn for Parkway at DPUD Phase 4
Summary
The board accepted a signed waiver and a plan commission condition allowing artificial turf in the tree lawn adjacent to Lot 14 Parkway in a planned unit development; the developer agreed to maintain and replace turf if the city must access underlying utilities.
The Elkhart Board of Public Works on April 8 accepted a waiver and a plan-commission condition permitting artificial turf in the public tree lawn adjacent to Lot 14 Parkway (17 p DPUD Phase 4), with the developer assuming responsibility for maintenance and replacement if the city needs to access the right of way.
Staff told the board the waiver was received the day prior and provided to the board for the record. Assistant City Engineer Jeff Schafer explained the Planning Commission's condition and the city's ordinance that ordinarily requires the city to restore any work in the tree lawn: the waiver relieves the city from replacing artificial turf if the city must excavate the tree lawn to access utilities. Schafer told the board the developer understood and accepted that any turf damaged through city work would not be replaced at city expense.
Developer Brad Martin (identified as the property owner) described his maintenance plan: "They come out twice a year, spring and fall, and they do like what they call like a quick a sweep. That brings up all the fibers, cleans everything up," Martin said, adding that the turf supplier would perform seasonal maintenance.
Why it matters: the waiver allows a developer to install artificial turf in the city right of way while protecting the city from added replacement costs should excavation be necessary. The board's acceptance also advances final site-plan approval for the PUD phase.
Details from the discussion
- Waiver and responsibility: Staff confirmed receipt of the signed waiver; the waiver releases the city from obligations to replace artificial turf in the tree lawn if city work damages it. The city will restore excavated soil but will not replace turf under the waiver.
- Construction status and maintenance: Staff said construction has started but the building is not complete; developer Brad Martin said regular seasonal cleanings would be performed and that the turf would be kept visually tidy.
- Code and precedent: Staff noted the matter intersects a city ordinance that otherwise requires restoration of tree-lawn work; the waiver provides the legal protection the city sought so it would not be responsible for turf replacement following utility or street work.
Next steps: With the waiver accepted and on file, the developer may proceed with artificial turf installation per the plan-commission condition; the city retains the right to require soil restoration after access work.
Ending: The board approved the acceptance of the waiver by voice vote.
