HomeMy WebLinkAbout2013-012ORDINANCE NO. 2013 - ni 2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF
INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316,
ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;"
ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION'S MODEL ORDINANCE FOR FLORIDA -FRIENDLY
USE OF FERTILIZER ON URBAN LANDSCAPES, WITH
MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR
SEVERABILITY, CODIFICATION; DIRECTING COUNTY
ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSITE,
AND AN EFFECTIVE DATE.
WHEREAS, as a result of impairment to Indian River County's surface waters caused by
excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground
water within the aquifers or canals within the boundaries of Indian River County, the Board of
County Commissioners has determined that the use of fertilizers on lands within Indian River
County creates a risk of contributing to adverse effects on surface and/or ground water; and
WHEREAS, in order to address this risk, the Board of County Commissioners has
determined that it is not only critical to adopt the Florida Department of Environmental
Protection's Model Ordinance for Florida -Friendly Use of Fertilizer on Urban Landscapes, but
that as part of Indian River County's science -based, and economically and technically feasible,
comprehensive program to address nonpoint sources of nutrient pollution, additional and more
stringent standards are necessary in order to adequately address urban fertilizer contributions to
nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and
WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator;
requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer
Applicators; establishes training and licensing requirements; establishes a Prohibited Application
Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, low
maintenance zones, and exemptions. The ordinance requires the use of Best Management
Practices which provide specific management guidelines to minimize negative secondary and
cumulative environmental effects associated with the misuse of fertilizers. These secondary and
cumulative effects have been observed in and on Indian River County's natural and constructed
stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies.
Collectively, these water bodies are an asset critical to the environmental, recreational, cultural
and economic well-being of Indian River County residents and the health of the public.
Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by
natural and constructed stormwater conveyances. Regulation of nutrients, including both
phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat
quality,
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ORDINANCE NO. 2013 - 012
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. Enactment Authority.
Article VIII, § 1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home
rule powers in counties to enact ordinances, not inconsistent with general or special law, for the
purpose of promoting the public health, safety and welfare of the residents of the county. The
Board specifically determines that the enactment of this ordinance is consistent with general or
special law, and is necessary and appropriate to promote the health, safety and welfare of the
residents of Indian River County.
Section 2. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates
such clauses as findings of the Board.
Section 3. Adoption of Chapter 316 of the Code of Indian River County (the "Code").
Chapter 316 of the Code is hereby adopted, as follows (new language is indicated by underline):
Section 316.1. Title.
This chapter shall be known as the "Indian River County Fertilizer and Landscape Management
Ordinance."
Section 316.2. Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
"Administrator" shall mean the County Administrator, or an administrative official of the County
designated by the County Administrator to administer and enforce the provisions of this chapter.
"Application" or "apply" shall mean the actual physical deposit of fertilizer to turf or landscape
plants.
"Applicator" shall mean any Person who applies fertilizer on turf and/or landscape plants in
Indian River County.
"Board" shall mean the Indian River County Board of County Commissioners.
"Best Management Practices" shall mean turf and landscape practices or combination of
practices based on research field-testing and expert review, determined to be the most effective
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and practicable on -location means, including economic and technological considerations, for
improving water quality, conserving water supplies and protecting natural resources.
"Chapter 85-427" shall mean The Indian River County Environmental Control Act, Chapter 85-
427, Special Acts, Laws of Florida.
"Code Enforcement Officer shall mean any designated employee or agent of Indian River County
whose duty it is to enforce codes and ordinances enacted by Indian River County.
"Commercial Fertilizer Applicator," except as provided in §482.1562(9), Florida Statutes, shall
mean any person who applies fertilizer for payment or other consideration to property not owned
by the person or firm applying the fertilizer or the employer of the applicator.
"Code" shall mean The Code of Indian River County.
"Environmental Control Officer" shall mean the Indian River County Environmental Control
Officer appointed by the Board pursuant to Chapter 85-427, and Chapter 303 (Part I) of this
Code, and his or her designees.
"Fertilize," "fertilizing," or "fertilization" shall mean the act of applying fertilizer to turf,
specialized turf, or landscape plants.
"Fertilizer" shall mean any substance or mixture of substances that contains one or more
recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or
provides other soil enrichment, or provides other corrective measures to the soil.
"Heavy rain" shall mean rainfall greater than two inches in a 24 hour period.
"Institutional Fertilizer Applicator" shall mean any person, other than a private, non-commercial
4pplicator or a Commercial Fertilizer Applicator unless such definitions also apply under the
circumstances) that applies fertilizer for the purpose of maintaining turf and/or landscape plants.
Institutional Fertilizer Applicators shall include, but shall not be limited to, owners, managers or
employees of public lands schools, parks, religious institutions, utilities, industrial or business
sites and any residential properties maintained in condominium and/or common ownership.
"Landscape plant" shall mean any native or exotic tree, shrub, or groundcover (excluding turf).
"Low maintenance zone" shall mean an area a minimum of ten feet wide adjacent to water
courses which is planted and managed in order to minimize the need for fertilization, watering,
mowing, etc.
"Person" shall mean ani natural person, business, corporation, limited liability company,
partnership limited partnership association club organization and/or any group of people
acting as an organized entity.
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"Restricted Season" shall mean June 1 through September 30.
"Saturated soil" shall mean a soil in which the voids are filled with water. Saturation does not
require flow. For the purposes of this chapter, soils shall be considered saturated if standing
water is present or the pressure of a person standing on the soil causes the release of free water.
"Slow Release Nitrogen" shall mean nitrogen in a form which delays its availabilily for plant
uptake and use after application or which extends its availability to the plant longer than a
reference rapid or quick release product.
"Turf" "sod," or "lawn" shall mean a piece of grass -covered soil held together by the roots of
therg ass.
"Urban landscape" shall mean pervious areas on residential, commercial, industrial, institutional,
highway rights-of-way or other nonagricultural lands that are planted with turf or horticultural
plants. For the purposes of this section, agriculture has the same meaning as in §570.02, Florida
Statutes.
Section 316.3. Timing of fertilizer application.
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the Restricted Season to saturated soils or during a period in which a
Flood Watch or Warning or a Tropical Storm Watch or Warning, or a Hurricane Watch or
Warning is in effect for M portion of Indian River County, issued by the National Weather
Service, or if heavy rain is likely.
Section 316.4. Fertilizer -free zones.
Fertilizer shall not be applied within ten feet of any pond, stream, watercourse, lake, canal, or
wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340,
Florida Administrative Code) or from the top of a seawall. If more stringent Indian River County
Code regulations apply, this provision does not relieve the requirement to adhere to the more
stringent regulations Newly planted turf and/or landscape plants may be fertilized in this zone
only for a 60 -day period beginning thirty days after planting if needed to allow the plants to
become well established. Caution shall be used to prevent nutrients from beingdirectly deposited
into the water.
Section 316.5. Low maintenance zones.
A voluntary ten foot low maintenance zone is strongly recommended but not mandated, from
M pond stream water course lake wetland or from the top of a seawall. A swale/berm system
is recommended for installation at the landward edge of this low maintenance zone to capture
and filter runoff. If more stringent Indian River County Code regulations apply, this provision
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does not relieve the requirement to adhere to the more stringent regulations. Notwithstanding the
voluntary nature of the above sentences no mowed or cut vegetative material may be deposited
or left remaining in this zone or deposited in the water. Care should be taken to prevent the over -
spray of aquatic weed products in this zone.
Section 316.6. Fertilizer content and application rates.
(a) No fertilizer containing_ phosphorous shall be applied to turf or landscape plants in Indian
River County unless a soil or plant tissue deficiency is verified by a University of Florida,
Institute of Food and Agriculture Sciences approved testing methodology. In the case that a
deficiency has been verified the application of a fertilizer containing_ phosphorous shall be in
accordance with the rates and directions for the Central Region of Florida as provided by Rule
5E-1.003(2), Florida Administrative Code. Deficiency verification shall be no more than 2 years
old However, recent application of compost manure or top soil shall warrant more recent
testing to verify current deficiencies.
(b) The nitrogen content of fertilizer applied to turf or landscape plants within Indian River
County shall contain at least 50% slow release nitrogen per guaranteed analysis label.
(c) Fertilizers applied to an urban lawn or turf within Indian River County shall be applied in
accordance with requirements and directions set forth on the label or tag for packaged fertilizer
products or in the printed information accompanying the delivery of bulk fertilizer products, as
provided by Rule 5E-1.003(2), Florida Administrative Code Labeling Requirements For Urban
Turf Fertilizers All packaged and bulk fertilizer products sold in Indian River County shall be
sold in packages with labels or tags or, if sold in bulk, be accompanied by printed information,
which complies with the requirements of Rule 5E-1.003(2) Florida Administrative Code.
(d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a
site and shall not be applied for the first 30 days after seeding or sodding, except when hydro -
seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or
in accordance with the Stormwater Pollution Prevention Plan for that site.
Section 316.7. Application practices.
(a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all
impervious surfaces fertilizer -free zones and water bodies, including wetlands.
(b) Fertilizer shall not be applied spilled or otherwise deposited on any impervious surfaces.
(c) Any fertilizer applied milled or deposited either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest extent
practicable.
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(d) Fertilizer released on an impervious surface must be immediately contained and either
legally applied to turf or any other legal site or returned to the original or other appropriate
container.
(e) In no case shall fertilizer be washed swept or blown off impervious surfaces into
stormwater drains ditches, conveyances, or water bodies.
Section 316.8. Management of grass clippings and vegetative materials.
In no case shall grass clippings vegetative material and/or vegetative debris be washed, swept,
or blown off into stormwater drains ditches conveyances water bodies wetlands, or sidewalks
or roadways Any material that is accidentally so deposited shall be immediately removed to the
maximum extent practicable.
Section 316.9. Exemptions.
The provisions set forth above in this chapter shall not apply to.
O bona fide farm operations as defined in the Florida Right to Farm Act, § 823.14, Florida
Statutes;
(b) other properties not subject to or covered under the Florida Right to Farm Act that have
pastures used forrg azing livestock;
(c) any lands used for bona fide scientific research including but not limited to research on the
effects of fertilizer use on urban stormwater, water quality, agronomics or horticulture.;
(d) golf courses when landscaping is performed within the provisions of the Florida Department
of Environmental Protection document "Best Management Practices for the Enhancement of
Environmental Quality on Florida Golf Courses" these provisions shall be followed when
applying fertilizer to golf course practice and play areas;
(e) athletic fields at public parks and school facilities that apply the concepts and principles
embodied in the Florida Green BMPs while maintaining the health and function of their
specialized turf areas;
(f) vegetable gardens owned by individual property owners or a community, and trees grown for
their edible fruit.
Section 316.10. Training.
(a) Within the time period set forth in section 316.12 of this Chapter, all Commercial Fertilizer
Applicators and Institutional Fertilizer Applicators within Indian River County shall abide by
and successfully complete the six -hour training_ program in the "Florida -friendly Best
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Management Practices for Protection of Water Resources by the Green Industries" offered by
the Florida Department of Environmental Protection through the University of Florida Extension
"Florida -Friendly Landscapes" program, or an approved equivalent.
(b) Private non-commercial applicators are encouraged to follow the recommendations of the
University of Florida Institute of Food and Agriculture Sciences Florida Yards and
Neighborhoods program when applying fertilizers.
Section 316.11. General education program.
The Public Works Department shall have an employee who shall address issues pertainingto o this
Chapter. This employee shall implement a program to inform the general public of the
requirements of this chapter, which program shall include among other things informative
postings on the County website printing and distributing informative brochures and other print
materials and speaking engagements at community associations, civic organizations, etc. The
program shall also include to the extent practicable use of any materials from the Be Floridian
program and coordination and collaboration with University of Florida Institute of Food and
Agriculture Sciences educational activities. Any claimed or alleged deficiency in the County's
general education program shall not constitute a defense to any action brought to enforce the
provisions of this chapter.
Section 316.12. Licensing of commercial fertilizer applicators.
(a) No later than December 31 2013 all Commercial Fertilizer Applicators within Indian River
County, shall abide by and successfullycomplete training and continuing education requirements
in the "Floridan iendly Best Management Practices for Protection of Water Resources by the
Green Industries " offered by the Florida Department of Environmental Protection through the
University of Florida Institute of Food and Agriculture Sciences "Florida -friendly Landscapes"
program or an approved equivalent program prior to obtaining an Indian River County Local
Business Tax Certificate for any category of occupation which maygpply any fertilizer to turf
and/or landscape plants Commercial Fertilizer Applicators shall provide proof of completion of
the program to the Indian River County Tax Collector's Office within 180 days of the effective
date of this ordinance.
(b) After December 31 2013 all Commercial Fertilizer Applicators within Indian River County
shall have and cam in their possession at all times when applying fertilizer, evidence of
certification by the Florida Department of Agriculture and Consumer Services as a Commercial
Fertilizer Applicator per Rule 5E-14.117(18) Florida Administrative Code.
(c) All businesses applying_ fertilizer to turf and/or landscape plants (including but not limited to
residential lawns golf courses commercial properties and multi -family and condominium
properties) must ensure that at least one employee has a "Florida -friendly Best Management
Practices for Protection of Water Resources by the Green Industries" training certificate prior to
the business owner obtaining a Local Business Tax Certificate. Owners for any category of
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occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of
completion of the program to the Indian River County Tax Collector's Office.
Section 316.13. Enforcement.
This chapter may be enforced by the Code Enforcement Officer in the Public Works Department
who is devoted to issues pertaining to this Chapter, pursuant to Chapter 162, Florida Statutes,
and §103.07 of this Code In addition this chapter may be enforced by the Environmental
Control Officer pursuant to Chapter 85-427 Special Acts Laws of Florida and §303.14 of this
Code Penalties and remedies for violations shall be as set forth in &100.05 of this Code, and, to
the extent applicable Chapter 85-427 Special Acts Laws of Florida. Funds generated by
penalties imposed under this section shall be used by Indian River County for the administration
and enforcement of §403.9337, Florida Statutes and the corresponding sections of this chapter,
and to further water conservation and nonpoint pollution prevention activities.
Section 316.14. References to state law.
Any references in this chapter to Florida Statutes rules or regulations shall refer to such statutes,
rules or regulations as amended from time to time.
Section 316.15. Applicability.
This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and
areas of application of fertilizer within the area of Indian River County, unless such applicator is
specifically exempted; provided however, that this chapter shall not apply within the limits of
any municipality which has adopted an ordinance regulating the same subject matter. This
chapter shall be prospective only, and shall not impair any existing contracts.
Section 4. Severability.
If any part of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall
remain in full force and effect.
Section 5. Codification.
It is the intention of the Board of County Commissioners that the provisions of this ordinance
shall become and be made part of the Indian River County Code, and that the sections of this
ordinance may be renumbered or re -lettered and the word ordinance may be changed to section,
article or such other appropriate word or phrase in order to accomplish such intention.
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Section 6 Directing County Attorney's Office to Post Summary on County Website.
The County Attorney's Office is directed to post a summary of this ordinance on the County's
website within 15 days of the filing of this ordinance with the Florida Department of State.
Section 7. Effective Date.
This ordinance shall become effective 45 days after the filing of the ordinance with the Florida
Department of State.
This ordinance was advertised in the Vero Beach Press Journal, on the 8th day of July, 2013, for
a public hearing to be held on the 18th day of July, 2013, and on the 10th day of August, 2013 for
an additional public hearing to be held on the 201h day of August, 2013, at which time it was
moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted
by the following vote:
Chairman Joseph E. Flescher
AYE
Vice Chairman Wesley S. Davis
AYE
Commissioner Peter D. O'Bryan
AYE
Commissioner Bob Solari
AYE
Commissioner Tim Zorc
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 201h day of
August, 2013.
'°'! I I r;
°����' BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ao: L.in te�
seph K Flescher, Chairman
ATTEST: Jeffrey R. Smith,
Approved as to form and legal sufficiency:
By:
Depu Clerk Dy1j%5ke5irngold, County Attorney
EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the
day of
2013.
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