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ORDINANCE NO. 2013 - n» <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 01? <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 FERTT1.17.ER ON URBAN LANDSCAPES, WITH <br />MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR <br />SEVERABILITY, CODIFICATION; DIRECTING COUNTY <br />ATTORNEY'S Olfle10E 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 caus <br />excessive nutrients, or, as a result of increasing levels of nitrogen in the surface ani/or gra <br />water within the aquifers or canals within the boundaries of Indian River County, the Boar <br />County Commissioners has determined that the use of fertilizers on lands within Indian <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 <br />determined that it is not only critical to adopt the Florida Department of Environme <br />Protection's Model Ordinance for Florida -Friendly Use of Fertilizer on Urban Landscapes, <br />that as part of Indian River County's science -based, and economically and technically feast <br />comprehensive program to address nonpoint sources of nutrient pollution, additional and <br />stringent standards are necessary in order to adequately address urban fertilizer contributio <br />nonpoint source nutrient loading to the surface and/or ground water of Indian River County; <br />WHEREAS, this ordinance regulates the proper use of fertilizers by any appli <br />requires proper training of Commercial Fertilizer Applicators and Institutional Fertil <br />Applicators; establishes training and licensing requirements; establishes a Prohibited Applica <br />Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, <br />maintenance zones, and exemptions. The ordinance requires the use of Best Manag <br />Practices which provide specific management guidelines to minimize negative secondary <br />cumulative environmental effects associated with the misuse of fertilizers. These secondary <br />cumulative effects have been observed in and on Indian River County's natural and constru <br />stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water b <br />Collectively, these water bodies are an asset critical to the environmental, recreational, cul <br />and economic well-being of' Indian River County residents and the health of the pu <br />Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provid <br />natural and constructed stormwater conveyances. Regulation of nutrients, including <br />phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and ha <br />quality, <br />F.AUrameY 'm7ua...&adamawiOnt, alFnFG+alaixhi FaoiftserOrdffine 2071 IM4)(4.va Max= <br />by <br />d <br />of <br />er <br />as <br />tal <br />ut <br />1e, <br />ore <br />to <br />d <br />or, <br />zer <br />on <br />ow <br />ent <br />d <br />d <br />ted <br />'es. <br />lie. <br />by <br />oth <br />itat <br />Page 1 of 9 <br />