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ORDINANCE NO. 2013 - ni 2 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF <br />INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, <br />ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" <br />ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL <br />PROTECTION'S MODEL ORDINANCE FOR FLORIDA -FRIENDLY <br />USE OF FERTILIZER ON URBAN LANDSCAPES, WITH <br />MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR <br />SEVERABILITY, CODIFICATION; DIRECTING COUNTY <br />ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSITE, <br />AND AN EFFECTIVE DATE. <br />WHEREAS, as a result of impairment to Indian River County's surface waters caused by <br />excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground <br />water within the aquifers or canals within the boundaries of Indian River County, the Board of <br />County Commissioners has determined that the use of fertilizers on lands within Indian River <br />County creates a risk of contributing to adverse effects on surface and/or ground water; and <br />WHEREAS, in order to address this risk, the Board of County Commissioners has <br />determined that it is not only critical to adopt the Florida Department of Environmental <br />Protection's Model Ordinance for Florida -Friendly Use of Fertilizer on Urban Landscapes, but <br />that as part of Indian River County's science -based, and economically and technically feasible, <br />comprehensive program to address nonpoint sources of nutrient pollution, additional and more <br />stringent standards are necessary in order to adequately address urban fertilizer contributions to <br />nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and <br />WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator; <br />requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer <br />Applicators; establishes training and licensing requirements; establishes a Prohibited Application <br />Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, low <br />maintenance zones, and exemptions. The ordinance requires the use of Best Management <br />Practices which provide specific management guidelines to minimize negative secondary and <br />cumulative environmental effects associated with the misuse of fertilizers. These secondary and <br />cumulative effects have been observed in and on Indian River County's natural and constructed <br />stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. <br />Collectively, these water bodies are an asset critical to the environmental, recreational, cultural <br />and economic well-being of Indian River County residents and the health of the public. <br />Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by <br />natural and constructed stormwater conveyances. Regulation of nutrients, including both <br />phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat <br />quality, <br />F.-UltoreeyVi'nda1GENERALTemlutio &Ordlva sc Ordinanc TertilizerModel Fertilizer Ordinaxe- 201307lnal)(Augurt 20).d— Page 1 of 9 <br />