HomeMy Public PortalAboutORD 11/07INTER - OFFICE MEMORANDUM
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN CLERK
Rita L. Taylor
TO: Municipal Code Corp.
DATE: 2 -27 -12
RE: Ordinance No. 11/7
This Ordinance is to be codified in Chapter 38 relating to Waterways,
as Article IV titled Protection of Waterways /Regulation of Application
of Fertilizers.
Page 1 of 1
Rita Taylor
From: Randolph, John C. [JRandolph@jones- foster.com]
Sent: Monday, February 27, 2012 4:30 PM
To: Rita Taylor
Subject: Fertilizer Ordinance
Rita,
In regard to the fertilizer ordinance, I think that it might fit under Chapter 38 relating to Waterways. Under
Article III, relating to Watercraft, we regulate disposal of wastes. Perhaps we can have an Article IV titled
"Protection of Waterways /Regulation of Fertilization." Or, if you don't think the word fertilization is
appropriate, then Regulation of Application of Fertilizers.
JOHN C. RANDOLPH
John C. Randolph
Attorney
Direct: 561.650.0458
Fax: 561.650.5300
irandolph@ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower
505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
Telephone: 561.659.3000
Website
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2/29/2012
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ORDINANCE NO. 11/7
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, FOCUSING ON EXCESSIVE NUTRIENT
LEVELS IN PALM BEACH COUNTY WATER BODIES;
PROVIDING FOR TITLE; PROVIDING FOR DEFINITIONS;
PROVIDING FOR FINDINGS; PROVIDING FOR PURPOSE
AND INTENT; PROVIDING FOR APPLICABILITY;
PROVIDING FOR TIMING OF FERTILIZER
APPLICATIONS; PROVIDING FOR FERTILIZER FREE
ZONES; PROVIDING FOR FERTILIZER CONTENT AND
APPLICATION RATES; PROVIDING FOR FERTILIZER
APPLICATION PRACTICES; PROVIDING FOR
MANAGEMENT OF GRASS CLIPPINGS AND
VEGETATIVE MATTER; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR TRAINING; PROVIDING FOR
LICENSING OF COMMERCIAL APPLICATORS;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR
PENALTIES; PROVIDING FOR APPEAL; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR ENFORCEMENT; PROVIDING FOR CAPTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 303(d) of the federal Clean Water Act and the
resulting Florida Impaired Waters Rule (Chapter 62 -303, Florida Administrative Code),
the Florida Department of Environmental Protection (FDEP) has classified specific
water bodies in Palm Beach County as "impaired" as a result of the presence of
excessive nutrients; and
WHEREAS, Florida Statute, Section 403.9337 requires local governments
located within the watershed of a water body or water segment that is listed as impaired
by nutrients pursuant to Florida Statute, Section 403.067, adopt an ordinance for
Florida- FriendlyTM fertilizer use on urban landscapes; and
WHEREAS, the FDEP on the 2nd day of March 2011, issued its Palm Beach
County Municipal Separate Storm Sewer System Permit No. FLS 000018 -003
(hereinafter referred to as the "MS4 Permit ") to forty -one (41) governmental entities
including the Town of Gulf Stream; and
WHEREAS, the MS4 permit requires local governments within the watershed of
a nutrient impaired water body to adopt FDEP's Model Ordinance for Florida Friendly
Fertilizer Use on Urban Landscapes or an Ordinance that includes all the requirements
set forth in the Model Ordinance; and
WHEREAS, surface water runoff and base flow runoff leaves residential
neighborhoods, commercial centers, industrial areas, and other lands of Palm Beach
I County and enters into natural and artificial stormwater and drainage conveyances and
2 natural water bodies in Palm Beach County; and
3 WHEREAS, phosphorus and nitrogen, the primary nutrients associated with the
4 degradation of surface water, are commonly the primary components of fertilizer for turf
5 and landscape application; and
6 WHEREAS, the quality
of streams, lakes,
and
wetlands is important to
7 environmental, economic, and
recreational prosperity
and
to the health, safety, and
8 welfare of the residents of Palm Beach County; and
9 WHEREAS, algae blooms and accelerated growth of aquatic weeds in Palm
10 Beach County's water bodies have heightened community concerns about water quality
11 and eutrophication of surrounding waters; and
12 WHEREAS, it is generally recognized that Eastern Palm Beach County soils
13
naturally
have adequate
phosphorus content for most vegetative needs and that
14
additional
phosphorus is
therefore only occasionally needed to create or maintain a
15 vibrant landscape; and
16 WHEREAS, it has been recognized that proper application of slow - release
17 nitrogen sources is more efficiently used by plants and less likely to leach or runoff; and
18 WHEREAS, this Ordinance is part of a regulatory program to address nonpoint
19 sources of nutrient pollution which is scientifically based, and economically and
20 technically feasible; and
21 WHEREAS, in the process of adoption of this Ordinance, the Town Commission
22 of the Town of Gulf Stream has considered scientific information, including input from
23 the Department of Environmental Protection, the Department of Agriculture and
24 Consumer Services, and the University of Florida Institute of Food and Agricultural
25 Sciences.
26 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE
27 TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, that:
28 SECTION I. TITLE
29 This Ordinance shall be known as the Fertilizer- Friendly Use Ordinance.
30 SECTION II. DEFINITIONS
31 For this Ordinance, the following terms shall have the meanings set forth in this
32 section unless the context clearly indicates otherwise.
2
1 1. 'Application" or "Apply" means the actual physical deposition of fertilizer to
2 turf or landscape plants.
3 2. "Applicator" means any person who applies fertilizer on turf and /or
4 landscape plants in the Town of Gulf Stream.
5 3. 'Approved Test" means a soil test from the University of Florida,
6 government, or other commercial licensed laboratory that regularly performs soil testing
7 and recommendations.
8 4.
"Best Management
Practices
(BMP's)' means turf and
landscape
9 practices
or combination
of practices based
on research, field- testing,
and expert
10 review, determined to be the most effective and practical site - specific means, including
11 economic and technological considerations, for improving water quality, conserving
12 water supplies and protecting natural resources.
13 5. "Code Enforcement Officer', "Official'; or "Inspector" means any
14 designated employee or agent of the Town of Gulf Stream whose duty it is to enforce
15 codes and ordinances enacted by the Town of Gulf Stream.
16
6.
"Commercial
Fertilizer Applicator"
except as
provided in
section
17
482.1562(9),
F.S., means
any person
who applies fertilizer
for payment
or other
18 consideration to property not owned by the person or firm applying the fertilizer or the
19 employer of the applicators.
20 7. "Fertilizing'; or "Fertilization" means the act of applying fertilizer to turf,
21 specialized turf, or landscape plants.
22 8. "Fertilizer" means any substance or mixture of substances that contains
23 one or more recognized plant nutrients and promotes plant growth, or controls soil
24 acidity or alkalinity, or provides other soil enrichment, or provides other corrective
25 measures to the soil.
26 9. "Institutional Applicator" means any person, other than a private, non -
27 commercial or a Commercial Applicator (unless such definitions also apply under the
28 circumstances), that applies fertilizer for the purpose of maintaining turf and /or
29 landscape plants. Institutional Applicators shall include, but shall not be limited to,
30 owners, managers, or employees of public lands, schools, parks, religious institutions,
31 utilities, industrial or business sites and any residential properties maintained in
32 condominium and /or common ownership.
3
1 10. "Landscape Plant" means any native or non - native tree, shrub, or
2 groundcover (excluding turf).
3 11. "Pasture" means land managed for livestock grazing.
4 12. "Person" means any natural person, business, corporation, limited liability
5 company, partnership, limited partnership, association, club, organization, and /or any
6 group of people acting as an organized entity.
7 13. "Prohibited Application Period" means the time period during which a
8 Flood Watch or Warning, a Tropical Storm Watch or Warning, or a Hurricane Watch or
9 Warning is in effect for any portion of the Town of Gulf Stream issued by the National
10 Weather Service, or if heavy rain (2 inches or more within a twenty -four (24) hour
11 period) is likely.
12 14. "Saturated Soil" means a soil in which the voids are filled with water.
13 Saturation does not require flow. For the purposes of this Ordinance, soils shall be
14 considered saturated if standing water is present or the pressure of a person standing
15 on the soil causes the release of free water.
16 15. "Slow- Release'; "Controlled Release', "Timed Release'; "Slowly -
17 Available ", or "Water Insoluble Nitrogen" means nitrogen in a form which delays its
18 availability for vegetative uptake and use after application, or which extends its
19 availability to the vegetation longer than a reference rapid or quick release product.
20 16. "Turf ; "Sod'; or "Lawn" means an area of grass- covered soil held together
21 by the roots of the grass.
22
17.
"Urban Landscape"
means pervious areas on residential, commercial,
23
industrial,
institutional, highway
rights -of -way, or other nonagricultural lands that are
24 planted with turf or landscape plants. For the purposes of this section, agriculture has
25 the same meaning as provided in section 570.02, Florida Statutes.
26 SECTION III. FINDINGS
27 As a result of the Florida Department of Environmental Protection's determination
28 that certain water bodies within Palm Beach County are impaired for excessive nutrient
29 levels, the Town Commission of the Town of Gulf Stream finds that the best
30 management practices contained in the most recent edition of the "Florida- Friendly Best
31 Management Practices for Protection of Water Resources by the Green Industries ", are
32 required in this Ordinance.
E
1 SECTION IV. PURPOSE AND INTENT
2 This Ordinance regulates the proper use of fertilizers by any applicator; requires
3 proper training of commercial and institutional fertilizer applicators; establishes training
4 and licensing requirements; establishes a Prohibited Application Period; and specifies
5 allowable fertilizer application rates and methods, fertilizer -free zones, and exemptions.
6 This Ordinance requires the use of Best Management Practices to minimize negative
7 environmental effects associated with excessive nutrients in our water bodies. These
8 environmental effects have been observed in and on Palm Beach County's natural and
9 constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other
10 water bodies. Collectively, these water bodies are an asset important to the
11 environmental, recreational, cultural and economic well -being of Palm Beach County
12 residents and the health of the public. Overgrowth of algae and vegetation hinder the
13 effectiveness of flood attenuation provided by natural and constructed stormwater
14 conveyances. Regulation of nutrients, including both phosphorus and nitrogen
15 contained in fertilizer, is anticipated to help improve and maintain water and habitat
16 quality.
17 SECTION V. APPLICABILITY
18 This Ordinance shall be applicable to and shall regulate any and all applicators of
19 fertilizer and areas of application of fertilizer to urban landscapes within the Town of
20 Gulf Stream, unless such application is specifically exempted by Section XII of this
21 Ordinance. This Ordinance shall be prospective only, and shall not impair any existing
22 contracts.
23 SECTION VI. TIMING OF FERTILIZER APPLICATIONS
24 1. No applicator shall apply fertilizers containing nitrogen and /or phosphorus
25 to turf and /or landscape plants during the Prohibited Application Period or to saturated
26 soils.
27 2. Fertilizer containing nitrogen and /or phosphorus shall not be applied
28 before seeding or sodding a site, and shall not be applied for the first thirty (30) days
29 after seeding or sodding, except when hydro- seeding for temporary or permanent
30 erosion control in an emergency situation (wildfire, etc.), or in accordance with the
31 Stormwater Pollution Prevent Plan for that site.
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SECTION VII. FERTILIZER FREE ZONES
Fertilizer shall not be applied within ten (10) feet, or three (3) feet if a deflector
shield or drop spreader is used, of any pond, stream, water body, 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 or lake bulkhead. Newly
planted turf or landscape plants may be fertilized in this zone only for a sixty (60) day
period beginning thirty (30) days after planting if needed to allow the vegetation to
become well established. Caution shall be used to prevent direct deposition of fertilizer
into the water.
SECTION VIII. FERTILIZER CONTENT AND APPLICATION RATES
1. Fertilizers applied to turf within the Town of Gulf Stream shall be applied in
accordance with requirements and directions provided by Rule 5E- 1.003(2), Florida
Administrative Code, Labeling Requirements For Urban Turf Fertilizers. Under Rule 5E-
1.003(2), Florida Administrative Code, required application rate and frequency
maximums, which vary by plant and turf types, are found on the labeled fertilizer bag or
container.
2. Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape
plants except as provided in section (1) above for turf, or in OF /IFAS recommendations
for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or
tissue deficiency has been verified by an approved test.
3. Fertilizer used for sports turf at golf courses shall be applied in accordance
with the recommendations in "Best Management Practices for the Enhancement of
Environmental Quality on Florida Golf Courses ", published by the Florida Department of
Environmental Protection, dated January 2007, as may be amended. Fertilizer used at
park or athletic fields shall be applied in accordance with Rule 5E- 1.003(2), Florida
Administrative Code.
SECTION IX. FERTILIZER APPLICATION PRACTICES
1. As required in Section VII of this Ordinance, spreader deflector shields
shall be used 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. Any fertilizer applied, spilled,
no
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or deposited, either intentionally or accidentally, on any impervious surface shall be
immediately and completely removed to the greatest extent practicable.
2. 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.
3. In no case shall fertilizer be washed, swept, or blown off impervious
surfaces into stormwater drains, ditches, conveyances, or water bodies.
4. Property owners and managers are encouraged to use an Integrated Pest
Management (IPM) strategy as currently recommended by the University of Florida
Cooperative Extension Service publications.
SECTION X. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER
In no case shall grass clippings, vegetative material, and /or vegetative debris
intentionally be washed, swept, or blown on to or into stormwater drains, ditches,
conveyances, water bodies, wetlands, sidewalks or roadways. . Vegetative material
may be placed within the roadway right -of -way, but not over the storm drains, for pickup
by the municipality's vegetative waste hauler.
SECTION XI. TRAINING
1. All commercial and institutional applicators of fertilizer within Palm Beach
County shall abide by and successfully complete the six -hour training program in the
"Florida- Friendly 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 /Palm Beach County Cooperative Extension Service
"Florida- Friendly Landscapes" program or an approved equivalent program.
2. Non - commercial and non - institutional applicators not otherwise required to
be certified, such as private citizens on their own residential property, are encouraged to
follow the recommendations of the University of Florida /IFAS "Florida- Friendly
Landscape Program" and label instructions when applying fertilizers.
SECTION XII. LICENSING OF COMMERCIAL APPLICATORS
1. All businesses applying fertilizer to turf or landscape plants (including, but
not limited to, residential lawns, golf courses, commercial properties, and multi - family
and condominium properties) must ensure that the business owner or his /her designee
holds the appropriate "Florida- Friendly Best Management Practices for Protection of
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Water Resources by the Green Industries" training certificate prior to the business
owner obtaining a Local Business Tax Certificate. Owners for any category of
occupation which may apply any fertilizer to Turf and /or Landscape Plants shall provide
proof of completion of the program to the Town of Gulf Stream Tax Collector's Office. It
is the responsibility of the business owner to maintain the "Florida- Friendly Best
Management Practices for Protection of Water Resources by the Green Industries"
certificate to receive their Business Tax Receipt annually.
2. After December 31, 2013, all commercial applicators of fertilizer within the
Town of Gulf Stream shall have and carry 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.
3. 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 (1) employee has an
appropriate "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. Standard Business Tax Receipt (BTR and
transaction fees shall apply).
SECTION XIII. ENFORCEMENT
The provisions of this Ordinance shall be enforced by (1) the Town of Gulf
Stream Special Master pursuant to the authority granted by Section 162.01 et. seq.,
Florida Statutes, as may be amended and Article 10 of the Unified Land Development
Code, as may be amended, or (2) by the Town Commission of the Town of Gulf Stream
through its authority to enjoin and restrain any person violating the Unified Land
Development Code. The Town may pursue these or any other enforcement remedies
available to and applicable to the Town of Gulf Stream.
SECTION XIV. PENALTIES
1. Failure to comply with the requirements of this Ordinance shall constitute
a violation of this Ordinance and shall be punishable by a fine not to exceed $250 per
incident for the violation, or a fine not to exceed $500 per incident for a repeat violation,
and, in addition, may include all costs of repairs and remediation, including
8
1 administrative costs. Each new day the violation exists shall be considered a separate
2 incident. If the Special Master finds the violation to be irreparable or irreversible in
3 nature, it may impose a fine not to exceed $5,000.00 per violation.
4 2. Funds generated by penalties imposed under this Ordinance shall be used
5 by the Town of Gulf Stream for the administration and enforcement of Section
6 403.9337, Florida Statues, and the corresponding Sections of this Ordinance, and to
7 further water conservation and nonpoint pollution prevention activities.
8 SECTION XV. APPEAL
9 An aggrieved party, including the Town of Gulf Stream, may appeal a final
10 administrative order of a Special Master to the circuit court. Such an appeal shall not be
11 a hearing de novo, but shall be limited to appellate review of the record created before
12 the Special Master. An appeal shall be filed within thirty (30) days of the execution of
13 the order to be appealed.
14 SECTION XVI. SEVERABILITY
15 If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is
16 for any reason held by a Court of competent jurisdiction to be unconstitutional,
17 inoperative, or void, such holding shall not affect the remainder of this Ordinance.
18 SECTION XVII. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
19 The provisions of this Ordinance shall become and be made a part of the Town
20 of Gulf Stream Code. The sections of this Ordinance may be renumbered or relettered
21 to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or
22 other appropriate word.
23 SECTION XVIII. CAPTIONS
24 The captions, section headings, and section designations used in this Ordinance
25 are for convenience only and shall have no effect on the interpretation of the provisions
26 of this Ordinance.
27 SECTION XIX. EFFECTIVE DATE
28 The provisions of this Ordinance shall become effective upon filing with the
29 Department of State.
9
I
W
3
PASSED AND ADOPTED in a regular, adjourned session on first reading this
13th day of January , 2012, and for a second and final reading on this loth
day of February , 20 12
Vice
Commissione
Y
Q, A & Av
Com ' %ioner
Yom..
Commissioner
ATTEST:
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFIQ+ENCY
By: y
Town Attorn
EFFECTIVE DATE: Filed with the Department of State on the t' ° day of
-e b. , 20i?
pAdocs \13147\00001 \doc \i c21682.doc
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