Loading...
HomeMy WebLinkAbout11-001A JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3570395 03i14/2011 at 09:55 P~N~ e ORDN OR BOOK 3275 PAGE 2652 - 2658 Doc Typ RECORDING: $61.00 ORDINANCE NO. 11-001A (formerly known as 10-009A) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 1-7.6, "ENVIRONMENTAL PROTECTION", OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS ESTABLISHING REGULATIONS FOR PROPER USE OF FERTILIZERS IN THE UNINCORPORATED AREA OF ST. LUCIE COUNTY; CREATING ARTICLE IV, "FLORIDA-FRIENDLY FERTILIZER USE"; CREATING SECTION 1-7.6-45, "DEFINITIONS"; CREATING SECTION 1-7.6-46,"APPLICABILITY"; CREATING SECTION 1-7.6-47 "TIMING OF FERTILIZER APPLICATION"; CREATING SECTION 1-7.6-48 "FERTILIZER FREE ZONES"; CREATING SECTION 1-7.6-49 "LOW MAINTENANCE ZONES"; CREATING SECTION 1-7.6-50 "FERTILIZER CONTENT AND APPLICATION RATES"; CREATING SECTION 1-7.6-51 "APPLICATION PRACTICES"; CREATING SECTION 1-7.6-52 "MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER"; CREATING SECTION 1-7.6-53 "EXEMPTIONS"; CREATING SECTION 1-7.6-54 "TRAINING"; CREATING SECTION 1-7.6-55 "LICENSING OF COMMERCIAL APPLICATORS"; CREATING SECTION 1- 7.6-56 "PENALTIES"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. During its last session, the Florida Legislature passed Senate Bill 494, which requires counties to adopt, at a minimum, the Model Ordinance for Florida Friendly Fertilizer Use on Urban Landscapes. 2. St. Lucie County is located within the watershed of a water body that is listed as impaired by nutrients pursuant to Section 403.067, Florida Statutes. 3. As a result of impairment to St. Lucie County's surface waters caused by excessive nutrients, the Board of County Commissioners has determined that the use of fertilizers on lands within the unincorporated area of St. Lucie County creates a risk to contributing to adverse effects on surface water. 4. Accordingly, the Board of County Commissioners finds that management measures contained in the most recent edition of "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries," may be required by this Ordinance. 5. This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. 6. This Ordinance requires the use of Best Management practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects 1 associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on St. Lucie County's natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of St. Lucie 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. 7. This Ordinance shall be prospective only and shall not impair any existing contracts. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. The specific amendments to the St. Lucie County Code and Compiled Laws are as follows: ARTICLE IV. FLORIDA-FRIENDLY FERTILIZER USE 1-7.6-45 DEFINITIONS For this Article, the followinq terms shall have the meaninqs set forth in this section unless the context clearly indicates otherwise: 1. "Administrator" means the County Administrator or an administrative official of St. Lucie County desipnated by the County Administrator to administer and enforce the provisions of this Article. 2. "Application" or "Apply" means the actual phvsical deposit of fertilizer to turf or landscape plants. 3. "Applicator" means any Person who applies fertilizer on turf and/or landscape plants in the unincorporated areas of St. Lucie County. 4. "Board or Governinq Board" means the Board of County Commissioners of St. Lucie Countv, Florida. 5. "Best Manaqement Practices" means turf and landscape practices or combination of practices based on research, field-testinq, and expert review, determined to be the most effective and practicable on-location means, including economic and technoloqical considerations, for improvinq water quality, conservinq water supplies and protectinq natural resources. 6. "Code Enforcement Officer, Official, or Inspector" means anv desiqnated employee or aqent of St. Lucie County whose duty it is to enforce codes and ordinances enacted by St. Lucie County, 7. "Commercial Fertilizer Aqplicator," except as provided in 482.1592(9), Florida Statutes, means any Person who applies fertilizer for pavment or other consideration to property not owned by the person or firm applyinq the fertilizer or the employer of the applicator. 8. "Fertilize," "Fertilizing," or "Fertilization" means the act of applyinq fertilizer to turf, specialized turf, or landscape plants. 9. "Fertilizer" means anv substance or mixture of substances that contains one or more recognized plant nutrients and qromotes plant qrowth, or controls soil aciditv or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. 10. "Guaranteed Analysis" means the percentaqe of plant nutrients or measures of neutralizinq capability claimed to be present in a fertilizer. 11. "Heavy Rain" means rainfall qreater than or eaual to 50 mm (2 inches) in a 24 hour period. 2 12. "Institutional Applicator" means any Person, other than a private, non-commercial or a Commercial Applicator (unless such definitions also applv under the circumstances), that applies fertilizer for the purpose of maintaininq turf and/or landscape plants. Institutional Aqplicators shall include, but shall not be limited to, owners, manaqers or emplovees of public lands, schools, parks, reliqious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. 13. "Landscape Plant" means any native or exotic tree, shrub, or qroundcover (excludinq turf). 14. "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adiacent to water courses which is planted and manaqed in order to minimize the need for fertilization, waterinq, mowinq, etc. 15. "Person" means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, orqanization, and/or any qroup of people actinq as an orqanized entitv. 16. "Prohibited Application Period" means the time period durinq which a Flood Watch or Warninq, or a Tropical Storm Watch or Warninq, or a Hurricane Watch or Warninq is in effect for any portion of St. Lucie County, issued bv the National Weather Service, or if heavv rain is likely. 17. "St. Lucie Countv Approved Best Manaqement Practices Traininq Proqram" means a traininq proqram approved per Section 403.9338, Florida Statutes, and any more stringent requirements as set forth in this Article that includes the most current version of the Florida Deqartment of Environmental Protection's "Florida-Friendlv Best Manaqement Practices for Protection of Water Resources by the Green Industries," as revised and approved bv the St. Lucie County Administrator. 18. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not repuire flow. For the purposes of this ordinance, soils shall be considered saturated if standinq water is present or the pressure of a person standinq on the soil causes the release of free water. 19. "Slow Release," "Controlled Release," "Timed Release," "Slowlv Available," or "Water Insoluble Nitroqen" means nitrogen in a form which delavs its availability for plant uptake and use after application, or which extends its availabilitv to the plant lonqer than a reference rapid or quick release product. 20. "Turf," "Sod," or "Lawn" means a piece of qrass-covered soil held toqether bv the roots of the rq ass• 21. "Urban Landscape" means pervious areas on residential, commercial, industrial, institutional, highway riqhts-of-wav, or other nonaqricultural lands that are planted with turf or horticultural ~I_ants. For purposes of this section, aqriculture has the same meanina as in Section 570.02, Florida Statutes. 1-7.6-46 APPLICABILITY This Section shall be applicable to and shall requlate anv and all applicators of fertilizer and areas of application of fertilizer within the unincorqorated area of St. Lucie County, unless such applicator is specifically exempted by the terms of this Section from the requlatory provisions of this Section. This requlation shall be prospective only and shall not imqair contracts alreadv in existence as of the effective date of this Section. 1-7.6-47 TIMING OF FERTILIZER APPLICATION No_applicator shall applv fertilizers containing nitroqen and/or phosphorus to turf and/or landscape plants durinq the Prohibited Application Period or to saturated soils. 3 1-7.6-48 FERTILIZER FREE ZONES Fertilizer shall not be applied within ten (10) feet of anv pond stream watercourse, lake, canal, or wetland as defined bv the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall unless a deflector shield, drop spreader, or liquid applicator with a visible and sharplv defined edqe is used in which case a minimum of three (3) feet shall be maintained. If more strinqent St. Lucie Countv Code repulations applv. this provision does not relieve the requirement to adhere to the more strinaent requlations. Newlv planted turf and/or landscape plants mav be fertilized in this Zone onlv for a sixtv (60) day period beqinninq thirtv (30) davs after plantinq if needed to allow the plants to become well-established.Caution shall be used to prevent direct deposition of nutrients into the water. 1-7.6-49 LOW MAINTENANCE ZONES A voluntary ten (10) foot low maintenance zone is stronqlv recommended, but not mandated, from any pond stream water course lake wetland or from the top of a seawall. A swale/berm svstem is recommended for installation at the landward edqe of this low maintenance zone to capture and filter runoff If more strinaent St. Lucie Countv Code reaulations appiv, this provision does not relieve the requirement to adhere to the more strinqent requlations. No mowed or cut veqetative material may be deposited or left remaininq in this zone or deposited in the water. Care should be taken to prevent the over-sprav of aauatic weed products in this zone. 1-7.6-50 FERTILIZER CONTENT AND APPLICATION RATES (a) Fertilizers applied to turf and/or landscape plants within unincorporated St. Lucie County shall be formulated and applied in accordance with requirements and directions provided by Rule 5E- 1.003(2) Florida Administrative Code, Labelinq Requirements for Urban Turf Fertilizers. (b) Fertilizer containinq nitroqen or phosphorus shall not be applied before seedinq or soddinq a site and shall not be applied for the first 30 days after seedinq or sodding, except when hydro-seedinq for temporary or permanent erosion control in an emerqencv situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site. (c) Nitroqen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above for turf or in UF/IFAS recommendations for landscape plants, veqetable gardens fruit trees and shrubs, unless a soil or tissue deficiencv has been verified bv an approved test. (d) Fertilizers applied to qolf courses, parks and athletic fields must follow the appropriate Best Manaqement Practices set forth in Rule 5E-1.003(2)(d), Florida Administrative Code. 1-7.6-51 APPLICATION PRACTICES (a) Spreader deflector shields are required when fertilizinq via rotarv (broadcast) spreaders. Deflectors must be positioned such that fertilizer qranuies are deflected awav from all impervious surfaces, fertilizer-free zones and water bodies, includinq wetlands. (b) Fertilizer shall not be applied, spilled, or otherwise deposited on anv impervious surface. (c) Any fertilizer applied spilled, or deposited, either intentionallv or accidentally, on any impervious surface shall be immediately and completelv removed to the qreatest extent practicable. (d) Fertilizer released on an impervious surface must be immediately contained and either leqallv applied to turf or any other leqal site, or returned to the oriqinal 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. 4 1-7.6-52 MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER In no case shall qrass clippinqs veqetative material and/or veqetative debris be washed, swept, or blown off into stormwater drains ditches conveyances water bodies, wetlands, or sidewalks or roadways Anv material that is accidentallv so deposited shall be immediately removed to the maximum extent possible. 1-7.6-53 EXEMPTIONS The provisions set forth above in this Section shall not apply to: (a) Bona fide farm operations as defined in the Florida Riqht to Farm Act Section 823.14, Florida Statutes; (b) Other properties not subiect to or covered under the Florida Riqht to Farm Act that have Pastures used for qrazinct livestock. (c) Any lands used for bona fide scientific research includinq, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, aqronomics, or horticulture. 1-7.6-54 TRAINING (a) All commercial and institutional applicators of fertilizer within the unincorporated area of St. Lucie Countv shall abide bv and successfullv complete the six-hour traininq proqram in the "Florida- Friendlv Best Manaqement Practices for Protection of Water Resources bv the Green Industries" offered bv the Florida Department of Environmental Protection throuqh the Universitv of Florida IFAS Florida-Friendly LandscapesT"" proqram. (b) Private non-commercial applicators not otherwise required to be certified, such as private citizens on their own residential property are encouraqed to follow the recommendations of the Universitv of Florida IFAS Florida-Friendly Landscapes T"'proqram when applyinq fertilizers. 1-7.6-55 LICENSING OF COMMERCIAL APPLICATORS (a) Prior to January 1 2014 all commercial applicators of fertilizer within the unincorporated area of St. Lucie County shall abide bv and successfullv complete traininq and continuinq education requirements of "Florida-Friendly Best Manaqement Practices for Protection of Water Resources bv the Green Industries" offered by the Florida Department of Environmental Protection throuAh the University of Florida IFAS Florida-Friendlv LandscapesT"" proqram, prior to obtaininq a St Lucie County Local Business Tax Receipt for anv cateqory of occupation which mav applv any fertilizer to turf and/or landscape plants. Current holders of Business Tax Receipts for Commercial Fertilizer Applicator shall provide proof of comqletion of the proqram to the St. Lucie County Tax Collector's office within 180 davs of the effective date of this Section. (b) After December 31 2013, all commercial applicators of fertilizer within the unincorporated area of St. Lucie Countv shall have and carry in their possession at all times when applyinq fertilizer, evidence of certification bv the Florida Department of Aqriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E-14.117(18), Florida Administrator Code. (c) All businesses applyinq fertilizer to turf and/or landscape plants (includinq but not limited to residential lawns, qolf courses, commercial properties, and multi-familv and condominium properties) must ensure that at least one employee has a"Florida-Friendly Best Manaqement Practices for Protection of Water Resources by the Green Industries" traininq certificate prior to the business owner obtaininq a Local Business Tax Receipt. Owners for anv cateqory of occupation which may apply anv fertilizer to Turf and/or Landscape Plants shall provide proof of 5 completion of the proqram to the St Lucie County Tax Collector's office prior to receivinq a Business Tax Receipt. 1-7.6-56 PENALTIES Violations of sections 1-7.6-47 throuqh 1-7.6-52 shall be enforced per Section 1-2-27.5 Supplemental County Enforcement Procedures. All other sections may be enforced bv the St. Lucie Countv Code Enforcement Board. This provision shall not preclude enforcement of this ordinance in the Circuit Court or as otherwise authorized by law. Funds qenerated by penalties imposed under this section shall be used bv St. Lucie County for the administration and enforcement of Section 403.9337, Florida Statutes, and the correspondinq sections of this Code, and to further water conservation and nonpoint pollution prevention activities. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect one year after the date of passage of this ordinance. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft AYE Vice Chairman Chris Dzadovsky NAY Commissioner Paula A. Lewis AYE 6 Commissioner Frannie Hutchinson AYE Commissioner Tod Mowery AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 1st day of March, 2011. w~ ~ BOARD OF COUNTY COMMISSfONERS ' ~&~4~" 4- ~ ~ ~ 1 ATTEST: ST. L COUNT , FLORIDA ~ ~ ~ C~y` ` i , ~ ~ ` ' ~ + ~ t``~~ ~ ~ x ~L f y~ x dl ,~~1 A ~i RS ~ II ~ ~ ~ ~ i it ~ i.~t~[ r~~~. . 5~ Fpp z ` } ~ ~ 'C+~ ~ ~y~ ~ blwR, ~ !'HT a ~ ~ y Deputy Clerk ~ZIZL•~ C ai man fi~~ b~~ h ~ 4'b~' ~.l ! n M 1 ~ ~.,y tii . . ` ...i ~ ;u t { a c. i . ~.l _ x . ~ 6 y. y + " s4 _ „r g, . ~:qk~+xt s ~ F~., ~r d ~ : ~ ~ ~ 1 1: ~ . ~ ~ " ~ ~ Y~ ~ Y . ~ APPROVED AS TO FORM AND ; K r . ~~~f3` • ~ . + . . . n K ~ ~ * CO CTNESS: .x II~. ~;~A d~~ , ~ • L ~jC'IE C~~ sY: ounty Atto ey 7 b RICK SCOTT Governor March 11, 2011 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Ave Fort Pierce, Florida 34982 KURT S. BROWNING Secretary of State w Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter March 8, 2011 and certified copy of St. Lucie County Ordinance No. 11-OOIA, which was filed in this office on March 10, 2011. Sincerely, , ,9 i ,~ ,~ J~ Liz Cloud Program Administrator LC/vm DIRECTOR'S OFFICE R.A. Gray Building 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 FAX: 850.245.6282 • TDD: 850.922.4085 http://dlis.dos.state.fl.us COMMiJNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 FAX: 850.245.6643 850.245.6600 FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA