HomeMy Public PortalAbout2020-01 Amending Chapter 8 Environment creating article IX Fertilizer UseORDINANCE NO. 2O2O.OI
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 8, "ENVIRONMENT"OF THE VILLAGE CODE OF ORDINANCES BY
CREATING ARTICLE IX, "FERTILIZER USE''
RELATING TO THE USE OF FERTILIZERS WITHIN THE
VILLAGE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFF.ECTIVE
DATE.
WHEREAS, the Village of Key Biscayne ("Village") is committed to environmental
conscientiousness and leadership, and towards that end has previously adopted ordinances
prohibiting the sale or use of polystyrene food service articles by Village contractors, special
event permittees, and food service providers, and prohibiting the sale or distribution of single-use
plastic straws; and
WHEREAS, the unregulated use of fertilizers can lead to the presence of excessive
nutrients and increased levels of nitrogen in surface and ground waters, resulting in a detrimental
effect on the Village's environment and waters; and
WHEREAS, the Village Council finds that additional management measures that are
specified in this Ordinance, and are otherwise contained in the most recent edition of the
"Florida-friendly Best Management Practices for Protection of Water Resources by the Green
Industries, 20I 5" , are required to protect the waters in, under, and around the Village; and
WHEREAS' the Village finds that it is in the public interest, safety, and welfare to
reduce pollutants on the lands and in the waters of the Village; and
WHEREAS, as such, the Village seeks to adopt regulations relating to the use of
fertilizers; and
WHEREAS, the Village Council finds that this Ordinance substantially conforms to the
requirements of Section 403.9337,Florida Statutes; and
WHEREAS, the Village Council finds that this Ordinance is necessary for the
preservation and improvement of the environment, public health, safety and welfare of the
Village's residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: I
Section 1.. Recitals. The above-stated recitals are true and correct and are
incorporated herein by this reference.
I Coding: S+rik€+hrough-r#€+ds are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first and second reading are indicated with highlighted #+dl@h and doubb utrds4lne,
Section 2. Amendinp Chanter I of the Villase Code.That the Code of Key
Biscayne, Florida is hereby amended by amending Chapter 8 to create Article IX, "Fertilizer
l-lse," which Article shall read as follows:
Chapter 8 - ENVIRONMENT
t<**
ARTICLE IX. . FERTILIZER USE
Section 8-501-and Intent.
This Article regulates the proper use of Eertilizers by any Applicator; requires proper training ofCommercialandInstitutionalFertilizerApplicators;#H##4@
fe@establishesaProhibitedApplicationPeriod;specifiesallowableFertilizer
Application rates and methods, fertilizer-free zones, Low Maintenance Zones, and exemptions.
The Article requires the use of Best Management Practices 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 the Village's natural and constructed
stormwater systems, canals, lakes, and other water bodies. Collectively, these water bodies are an
asset critical to the environmental, recreational, cultural and economic well-being of the
Village's residents and the health of the public. Regulation of nutrients, including both
phosphorous and nitrogen contained in Eertilizer, will help improve and maintain water and
habitat quality.
Section 8-502. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning.
Application or Apply means the actual physical deposit of Eertilizer to turf or landscape plants.
Applicator means any Person who applies Eertilizer on turf andlor landscape plants in the
Village.
Best Management Practices means turf and landscape practices, or combination of practices
based on research, field-testing, and expert review, determined to be the most effective and
practicable on-location means, including economic and technological considerations, for
improving water quality, conserving water supplies and protecting natural resources.
Commercial Fertilizer Applicator, except as provided in 482.1562(9) F.S., means any Person
who applies Eertilizer for payment or other consideration to property not owned by the Person or
firm applying the Eertilizer or the employer of the Applicator.
Fertilize, Fertilizing, or Fertilization means the act of applying Eertilizer to turf, specialized turf,
or landscape plants.
Page2 of 2
Fertilizer means 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.
Guaranteed Analysis means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a Eertilizer.
Institutional Applicator means any Person, other than a private, non-commercial or a
Commercial Applicator (unless such definitions also apply under the circumstances), that applies
Eertilizer for the purpose of maintaining turf andlor landscape plants. Institutional Applicators
shall include, but shall not be limited to, owners, managers, or employees of public lands,
schools, parks, religious institutions, utilities, business sites and any residential properties
maintained in condominium and/or common ownership.
Landscape Plant means any native or exotic tree, shrub, or groundcover (excluding turf).
Low Maintenance Zone means an area a minimum of ten (10) feet wide adjacent to surface
waters which is planted and managed in order to minimize the need for fertilization, watering,
mowing, etc.
Person means any natural person, business, corporation, limited liability company, partnership,
limited partnership, association, club, organizations, and/or any group of people acting as an
organized entity.
Prohibited Application Period means the time period during which a Flood Watch or Warning,
or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any
portion of the county, issued by the National Weather Service, or if heavy rain (two inches or
more) is likely.
Restricted Application Period means June 1 to September 30.
Saturated Soll means a soil in which the voids are filled with water. Saturation does not require
flow. For the purposes of this Article, 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, Controlled Release, Timed Release, Slowly Available, or Water Insoluble Nitrogen
means nitrogen in a form which delays its availability for plant uptake and use after application,
or which extends its availability to the plant longer than a reference rapid or quick release
product.
Surface Waters means waters on the surface of the earth, including the Atlantic Ocean, bays,
lakes, ponds, and canals.
Turf, Sod, or Lawn means a piece of grass-covered soil held together by the roots of the grass.
Page 3 of3
Section 8-503. Apnlicabilitv.
This Article shall be applicable to and shall regulate any and all Applicators of Fertilizer and
areas of Application of Fertilizer within the Village, unless such Applicator is specifically
exempted by the terms of this Article.
Section 8-504. Timine of Fertilizer Application
(a) No Applicator shall apply Fertilizers containing nitrogen and/or phosphorous to Turf andlor
landscape plants during the Prohibited Application Period, or to Saturated Soils. In addition,
Eertilizer containing nitrogen or phosphorous shall not be applied to Turf or Landscape Plants
during the Restricted Application Period .
(b) Fertilizer shall only be applied to actively growing lurf that is not dormant, dead or
unestablished.
(c) Fertilizer containing nitrogen or phosphorous 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
hydroseeding for temporary or permanent erosion control in an emergency situation.
Section 8-505. Fertilizer Free Zones.
Fertilizer shall not be applied within fifteen (15) feet of any pond, lake, canal, or from the top of
a seawall. If more stringent County Code regulations apply, this provision does not relieve the
requirement to adhere to the more stringent regulations. Newly planted Turf andlor landscape
plants may be fertilized in this zone only for a sixty (60) day period beginning 30 days after
planting if needed to allow the plants to become well established. Caution shall be used to
prevent direct deposition of Fertilizer into the water.
Section 8-506. Low Zones.
A voluntary ten (10) foot Low Maintenance Zone is strongly recommended, but not mandated,
from any pond, lake, canal, ot from the top of a seawall. A swale lberm system is recommended
for installation at the landward edge of this Low Maintenance Zone to capture and filter runoff.
If more stringent County Code regulations apply, this provision does not relieve the requirement
to adhere to the more stringent regulations. 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 8-507. Fertilizer €offid Apnlication ke*.
(a) Fertilizers applied to Iurf and/or landscape plants within the Village shall be applied in
accordance with directions provided by Rule 5E-1.003(2), Florida Administrative Code,
Labeling Requirements for Urban Turf Fertilizers.
e#6+i erye el$+lts;
@
Page 4 of 4
(c) Fertilizer shall be applied to Iurf andlor landscape at the lowest rate necessary. Nitrogen
shall not be applied at an application rate greater than 0.$ lbs of readily available nitrogen
per one thousand (1,000) square feet at any one time based on the soluble fraction of
formulated fertilizer, with no more than four (+)oounas of nito
soure feet apotea in
i*
€#ryi€#
+#edg*iryffi 4
B€#g#ffi +
?
6wE
(d) i*in *+e
@.Uo fertitizer containl
landscaDe Dlants in the e. exceot where a ohosohorus deficiencv has been demonstrated
tulhe.-soil-undedvins the turf andlor landscane olants bv a soil analvsis test oerformed bv a
State of Florida ceft . Anv oerson who obtains a soil analvsis test showins a
phosohorus deficioncv and who wishes to aoolv ohosohorus to turf and/or landscaoe olants
shall provide a cop e orior to the aoolication of ohosohorus.
(e) The nitrogen content of Eertilizer applied to Iurf or landscape plans within the Village shall
contain at least 50% slow release, controlled release, timed release, slowly available, or water
insoluble nitrogen per guaranteed analysis label. Caution shall be used to prevent direct
deposition of nutrients in the water.
Section 8-508. A Practices.
(a) Spreader deflector shields are required when Eertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that Eertilizer granules are deflected away from all
impervious surfaces, Eertilizer-free zones and water bodies, including wetlands.
(b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
(c) Any Eertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest extent
practicable.
(d) Fertilizer released on an impervious surface must be immediately contained and either legally
applied to Iurf or any other legal site or returned to the original or other appropriate
container.
Page 5 of5
(e) In no case shall Eertilizer be washed, swept, or blown off impervious surfaces into
stormwater systems or water bodies.
Section 8-509. Manasement of Grass Clippings and Vesetative Matter.
In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept,
orblownoffintostormwaterdrains,ditches,€€ffiwaterbodies,vre+@orsidewalks
or roadways. Any material that is accidentally so deposited shall be immediately removed to the
maximum extent practicable.
Section 8-510. Exemptions.
The provisions set forth above in this Article shall not apply to:
(a) A property owner who seeks and is granted a waiver of the provisions of this Article for
the personal, non-commercial {pplication of non-conforming Eertilizer to the property the
individual is occupying. In considering a request for a waiver of the enforcement of this Section,
the Village ry Udll ssnsidsl==#irb€{++J#i+€+ie+ the care of newly planted landscaping, the
requirements of ornamental and/or other specialty plants, and/or any special individual
landscaping needs of a given property. This waiver may be granted administratively upon
application to the Village Manager. Such a waiver shall be valid for 12 months and may be
renewed upon application to the Village.
Section 8-511. Trainin
(a) i€n
(b) Private, non-commercial Applicators are required to follow the recommendations of the
University Florida IF AS Florida Yards and Neighborhoods program when applying Eertilizers.
Section 8-512. Licensins of Commercial Applicators.
(a) A11 eommercial Applicators of Eertilizer within the Village's jurisdiction shall have and
carry in their possession at all times when applying Eertilizer, evidence of certification by the
Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicatorw
(b) Puorlo-a S# businesses applying Eertilizer to Turf and/or landscape plants (including but
not limited to residential lawns, commercial properties, and multi-family and condominium
properties)-fhc-business-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 #obtained uoon
successm conotetion of tne "noriaa-
Drogram. or an aDDroved eouivalsnf.
Page 6 of6
pon reouest. a business shall provide proof of
completion of the program to the Village Manager or designee.
Section 8-513. Enforcement; Penalties.
(a) Following adoption of this Article, the Village shall engage in public education efforts to
inform the public of the provisions of this Article.
(b) Beginning l4*ehlv@ 1,2020, the Village's Code Enforcement Department shall enforce all
provisions of this Article.
(c) Penalties for violations of the provisions of this Article shall be enforced through Chapter 2
of the Village Code. In addition, the Village Police Department may enforce the provisions
of this See+i€nAtiete.
(O tn aaaition to anv Ao
the owner of anv real pr Fertilizer requlated herein is apolied sh
resoonsiUte for co
CommerciA fertitizo
(e) The orovisions of thi to Villase owned. leased. or maintained athletic
fields until Seotember 30. 2020.
*t<*
Section 3. Severabilitv. That the provisions of this Ordinance are declared to be
severable and ifany section, sentence, clause or phrase ofthis Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 4.Codification That it is the intention of the Village Council and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Village's Code of Ordinances, and that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section
or other appropriate word.
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall become effective immediately
upon final adoption on second reading.
PASSED on first reading on the I 9th day of Novemb er, 2019 .
PASSED AND ADOPTED on second reading 1lth February,2020.
MICHAEL W. DAVEY
MAYOR
PageT of7
)
A
JENNIFER MEDINA, CMC
VILLAGE CLERK
APPRO FORM AND LEGALITY:
WEISS HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 8 of 8
MIAMI DAILY BUSINESS REVIEW
Published Daily ex6pt Saturdsy, Sunday and
Legat Holidays
Miami, MiamiDade County, Florida
STATE OF FLORIDA
COUNTYOF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legat Notices of the Miami Daity
Business Review f/Ua Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Florida; that the
aftached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
VILLAGE OF KEY BISCAYNE - ORDINANCE - AMENDING
CHAPTER 8, 'ENVIRONMENT'' . JAN, 28,2O2O
in the XXXX Court,
was published in said newspaper in the issues of
01t17t2020
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami-Dade
County, Florida and that the said newspaper has heretofore
been continuously published in said Miami-Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and afiiant further says lhat he or she
has neilher paid nor promised any person, firm or corporation
any discounl, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
newspaper
Sworn subscribed before me this
A.D. 2C2017JAN
GUILLERMO GARCIA personally known to me
VILLAGE OF KEY BISCAYilE
OFFIGE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that the following ordinance will be considered on
b'i]J.i n""oits 6y tn. vnhg. Council
-of the Village of Key Biscavne at a
;;il;'il;iJt on rueioav'January 28' 2020 at.6:00 p'm'' in the
bffiifd#;; |;.i; ;i560 6randon Bbulevard' Kev Biscavne' Florida:
AN ORD|NANGE oF rHE vlLl-AGE oF KFr ilscaYflE' llollDl!
iiiiei'oiilt Cilnrin q 'sNviioNMENT" oF ri1-E-Y!!-AcE coDE
#-oi;ii{At.tdis-ii Cnelrhic AHrlcLE x, "FERrlLlzER usE"
ilLiliilic'id Tt{E usror rennlzens wTtllN rHE vltLAGE; PRoll-Dllg
l6t'tiidiniir-nv; inoviiinc ron coorrcllLgt PRovrDrNG
i'6ii&-riiliCrS; iriio'pnovplra FoR AN EFFEcrlvE DArE'
The proposed Ordinance may be inspected by the public at the Otfice of
it'r-fiir"i" Cr.tr,. lnterested p",tLt t"y
"ppeir
at the Public Hearing and
t" n..ii "itt'
ttspect to the'pioposed brdinances' Any person wishing to
"iiilt!-ttd'iiitd.
couno oh ihv item at this Publ'rc Hearing is asked to
rJgister with the Village Clerk prior to that item being nearo'
ln accordance with the Americans With Disabilities Acl ol 1990' all persons
who are disabled and who neeO ipeciat accommodations.to participate in
inir ot*".J"s necause of tnai oisauiritv should contact-the oflice ol the
ilff;cG:k itw.it rtr"rntyre-sireet,'suite 220' Kev Biscavne' Florida
iit"iiii ,i'rli'i.il-t ni'iL.i tCo6l sos-55d6, not later than two business davs
prior to such Proceeding.
Should any person desire to appeal any decision ol the Village Council with
respect to any matter to oe JJnsioerdo at this meeting,.that person, shall
i.1]i,li'r'ii. r6tu.ttt tecoro oitne proceedings is made including all testimony
"ni "uiO.n."
rpon which any appbal may bL based (F'S' 286'0105)'
Comments of any interested party relative to this matter may be submitted
in writing and or presented in person at the public neanng'
Jennifer Medina' CMC
Village Clerk
1t17 0-92l0000450876M
'iffiF'
BARBARATHOITAS
Comnision # GG 121171
Expires November 2, 2021
Brndod Tlnr Troy Faln ln$uranco 800.3857019