Item 8BAGENDA ITEM # 8B
SEPTEMBER 28, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Consumptive Use Permit Issued by the St. Johns Water
Management District
SUBMITTED BY: Jim Hanson, City Mana ___
DATE: September 21, 2009
BACKGROUND: Local water system operators aze required to get a Consumptive Use
Permit from their local water management districts to authorize the
removal of water from the aquifer. Atlantic Beach's last Consumptive
Use Permit expired on November 12, 2007. City staff applied for the
renewal of this permit almost two years ago and has been involved in
responding to requests for additional information (RAIs) and submitting
additional comments to the Water Management District (WMD) since
then. Anew 10-year permit has now been issued. This staff report is to
bring to your attention several of the conditions in this permit, a copy of
which is attached for your review.
Condition Number 14 states that "the District may require" Atlantic Beach
to become a reclaimed water supplier if, at anytime during the next 10
years, it becomes "practical, economically feasible and permissible." No
guidance has been provided by the WMD as to what the criteria is for
economic feasibility. City engineers made a report in December of 2008
outlining a $19 million dollaz estimated cost to build a reclaimed water
system that would serve several larger customers. However, it would not
be capable of meeting the new wastewater discharge criteria for nitrogen.
On a much smaller scale, and in anticipation of a grant from the WMD,
The City has made a proposal to the Selva Marina Country Club to
provide reuse to their renovated golf course, although no agreement has
been reached as to price.
Condition Number 31 requires the City to "adopt the District's model
water conservation ordinance for landscape irrigation" no later than
November 30, 2009. Atlantic Beach has had an irrigation ordinance in
effect for several years and has amended it to incorporate the WMD's
irrigation guidelines. However, they are essentially requiring Atlantic
Beach to adopt their model ordinance on a verbatim basis.
Condition Number 33 requires the City to adopt a "Florida Friendly"
Landscape Ordinance no later than December 31, 2009. Further, the City
must submit a proposed ordinance to the WMD "for review and approval
no later than October 31, 2009" and the "adopted ordinance shall
incorporate any revisions provided by the District." The State law
authorizing WMD's to require these ordinances as a condition of the
Consumptive Use Permits only took affect earlier this summer, so there
are not a lot of other jurisdictions to check with as to the details of the
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
ordinance, the cost of enforcement and other practical considerations. One
of the main provisions of such an ordinance is that the City would issue
landscape permits for all new and renovated landscapes with specific
provisions related to buffer azeas, impervious surface, a maximum amount
of turf grass that can be planted, and several other requirements. The
complexity of this model ordinance, coupled with the need for public
understanding and input, will make the WMD's timelines for approval
very difficult to achieve. A copy of the "Florida Friendly Landscape
Guidance Model for Ordinances" prepared by the State of Florida will be
distributed along with the agenda for the commission meeting.
Condition Number 34 requires that the City adopt a reuse ordinance no
later than December 31, 2009. It also requires that the proposed ordinance
be submitted to the WMD for review and approval no later than October
31, 2009 and that the City shall incorporate any revisions provided by the
WMD. The City of Jacksonville adopted a similar ordinance a couple of
years ago that requires developers of new projects over a certain size to
connect to any public reuse system that is within a certain distance of their
new project, and to construct reuse lines to serve the project. City staff
pointed out to the WMD on several occasions that Atlantic Beach does not
currently have a reuse system.
Condition Number 36 requires that the City "must have all reclaimed
water distribution infrastructure in place and ready for delivery...to the
Selva Marina Country Club golf course and landscape azeas and its
associated proposed residential development prior to the completion of the
redevelopment of the golf course and prior to any residential units being
occupied." While a proposed agreement has been offered to the Country
Club, no agreement has been reached as to the terms or price of the reuse
water and it is possible that the City will not be in a position to provide
reuse water to that development if it is ultimately built. A request for
modification to this language has been made to the WMD on several
occasions. While we understood a modification would be forthcoming,
none has been included in this permit.
BUDGET: There will be costs associated with meeting several of the conditions in
this Consumptive Use Permit which could range from several million
dollars in capital funding for reuse systems to a considerable amount of
ongoing costs to enforce the conditions in ordinances required by the
WMD. More detailed cost estimates are not yet available.
RECOMMENDATION: The City Commission should review the conditions in this Consumptive
Use Permit as well as the "Florida Friendly Landscape Guidance Model
for Ordinances" and advise staff on how to proceed.
ATTACHMENT: (1) Consumptive Use Permit
(2) Florida Friendly Landscape Guidance Model for Ordinances
AGENDA ITEM # 8B
cc O SEPTEMBER 28, 2009
~• ~ nV 1,
SJ~ V~'
~. ~ eater Management District
Kirby B. Green III, Executive Director • David W: Fisk, Assistant Executive Director
4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500
On the Internet at tnrww.sjrwmd.com.
September 11, 2009
Jim Hanson
City of Atlantic Beach
800 Seminole Rd
Atlantic Beach, FL 32233
SUBJECT: Consumptive Use Permit Number 810
Atlantic Beach
Dear Sir/Madam:
Enclosed is your permit as authorized by the Executive Director of St. Johns River Water
Management District on September 11, 2009.
Please be advised that the period of time within which a third party may request an
administrative hearing on this permit may not have expired by the date of issuance. A potential
petitioner has twenty-six (26) days from the date on which the actual notice is deposited in the
mail, or twenty-one (21) days from publication of this notice when actual notice is not provided,
within which to file a petition for an administrative hearing pursuant to Sections 120.569 and
120.57, Florida Statutes. Receipt of such a petition by the District may result in this permit
becoming null and void.
Permit issuance does not relieve you from the responsibility of obtaining permits from any
federal, state and/or local agencies asserting concurrent jurisdiction over this work.
The enclosed permit is a legal document and should be kept with your other important records.
Please read the permit and conditions carefully since the referenced conditions may require
submittal of additional information. All information submitted as compliance with permit
conditions must be submitted to the nearest District Service Center and should include the
above referenced permit number.
Sincerely,
~~
Gloria Lewis, Director
Division of Regulatory Information Management
Enclosures: Permit, Conditions for Issuance, Compliance Forms, Map, Well Tags
cc: District Permit File
Agent: John Collins
11516-3 San Jose Blvd
Jacksonville, FL 32223
GOVERNING BOARD
Susan N. Hughes, CHAIRMAN W. Leonard Wood, VICE CHAIRMAN Hersey "Herky" Huffman, SECRETARY Hans G. Tanzler I I I, TREASURER
PONTE VEDRA FERNANDINA BEACH ENTERPRISE JACKSONVILLE
Douglas C. Bournique Michael Ertel Maryam H. Ghyabi Richard G. Hamann Arlen N. Jumper
VERO BEACH OVIEDO ORMOND BEACH GAINESVILLE FORT McCOY
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
PERMIT NO. 810 DATE ISSUED: September 11, 2009
PROJECT NAME: Atlantic Beach
A PERMIT AUTHORIZING:
1,695.97 million gallons per year (mgy) 4.65 million gallons per day (mgd), average, of
groundwater from the Floridian aquifer for public supply use (includes household,
commercial/industrial, landscape irrigation, water utility, unaccounted for uses) and 14.65 million
gallons per day of groundwater from the Floridian aquifer for essential use (fire protection) to
supply a projected population of 34,590 in 2019.
LOCATION:
Site: Atlantic Beach
Duval County
Section(s): 6, 7, 8, 17, 18,
37
ISSUED TO:
Jim Hanson
City of Atlantic Beach
800 Seminole Rd
Atlantic Beach, FL 32233
Township(s): 2S Range(s): 29E
Permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any-and all damages, claims, or liabilities which may arise from
permit issuance. Said application, including all maps and specifications attached thereto, is by
reference made a part hereof.
This permit does not convey to permittee any property rights nor any rights or privileges other
than those specified herein, nor relieve the permittee from complying with any law, regulation or
requirement affecting the rights of other bodies or agencies. All structures and works installed
by permittee hereunder shall remain the property of the permittee.
This permit may be revoked, modified or transferred at any time pursuant to the appropriate
provisions of Chapter 373, Florida Statutes and 40C-1, Florida Administrative Code.
PERMIT IS CONDITIONED-UPON:
See conditions on attached "Exhibit A", dated September 11, 2009
AUTHORIZED BY:
By
Harold A. it Wing III
DirQcto,~
St. Johns River Water Management District
Department of Resource Management
By: ~ l~_
irby B. Gr en, III
Executive Director
AGENDA rl'EM # 8B
"EXHIBIT A" SEPTEMBER 28, 2009
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 810
JIM HANSON
DATED SEPTEMBER 11, 2009
1. Landscape irrigation shall be in conformity with the requirements set forth in subsection
40C-2.042(2), F.A.C.
2. All submittals made to demonstrate compliance with this permit must include the CUP
number 810-6 plainly labeled on the submittal.
3. This permit will expire June 10, 2019.
4. The combined maximum annual groundwater withdrawals from the Floridan aquifer
for public supply use (which includes household, commercial/industrial, landscape
irrigation, water utility and unaccounted for uses) must not exceed:
1,550.20 million gallons (4.25 million gallons per day average) in 2009,
1,595.05 million gallons (4.37 million gallons per day average) in 2010,
1,639.93 million gallons (4.49 million gallons per day average) in 2011,
1,685.18 million gallons (4.62 million gallons per day average) in 2012,
1,685.30 million gallons (4.62 million gallons per day average) in 2013,
1,686.08 million gallons (4.62 million gallons per day average) in 2014,
1,687.34 million gallons (4.62 million gallons per day average) in 2015,
1,689.00 million gallons (4.63 million gallons per day average) in 2016,
1,691.02 million gallons (4.63 million gallons per day average) in 2017,
1,693.35 million gallons (4.64 million gallons per day average) in 2018 and
1,695.97 million gallons (4.65 million gallons per day average) in 2019.
If the permittee has not complied with all the conditions of this permit, the maximum
annual groundwater withdrawals for household, commercial/industrial, water utility, and
unaccounted-for losses must not exceed the allocation for the year during which the
violation first took place until the permittee is in compliance with all the conditions of this
permit.
5. Maximum daily groundwater withdrawals from the Floridan aquifer for essential use (fire
protection) is 14.65 million gallons. The District must receive documentation from the
permittee within 30 days of each use of the well(s) for fire protection. The documentation
must include pump or well capacity and the duration of pumping.
6. If, in any year, the actual volume of water withdrawn by the permittee equals 95 percent
or more of the amount of water allocated for use by this permit, then the permittee shall
submit a written report to the District that explains why the withdrawal of water by the
permittee equals 95 percent or more of the amount allocated for in this permit. The
report shall evaluate the effect of the following on the volume of water withdrawn by the
permittee: a. Climatic shortfalls (drought); b. Greater than anticipated growth in the
permittee's service area; c. Inefficient usage within the service area; d. Other factors that
account for the withdrawal volume equaling 95 percent or more of the allocation. The
report must include a breakdown of the population currently being served by the
permittee, an updated projection of anticipated population that will be served for the
following year, an evaluation as to whether the permittee anticipates whether it will be
able to meet the water needs of the revised projected population without violating the
allocations set forth in this permit, and a corrective action plan setting actions that the
permittee intends to take if the evaluation indicates that allocations will be exceeded
during the following year. The report must be submitted to the District by February 15th
of the year following the year wherein the permittee experienced withdrawals of water ~ a
that equals 95 percent or more of the amount of water allocated for use by this permit.
7. Wells AB WTP 1-well 1(GRS ID 6376), AB WWTP 1-well 2(GRS ID 6377), AB WWTP ~a
~ ~
1-well 2R (GRS ID 35064), AB WTP 2- well 3(GRS ID 6374), AB WTP 2-well 5 (GRS ID ~ ~
6378), Buc WTP 4-well 1 N (GRS ID 6379), Buc WTP 4-well 2S (GRS ID 6380), Buc ~
WTP 3-well 3W (GRS ID 6381), Buc WTP 3-well 4E (GRS ID 6382) and Buc WTP S-
well 6S (GRS ID 6384) are or must be equipped with totalizing flowmeters. These
meters must maintain 95% accuracy, be verifiable and be installed according to the
manufacturer's specifications. Documentation (i.e. manufacturer's specifications and a
photo) of the proper installation of this meter must be submitted to the District within 60
days from the date of installation of the meter.
8. .Total withdrawals from wells AB WTP 1-well 1(GRS ID 6376), AB WWTP 1-well 2(GRS
ID 6377), AB WWTP 1-well 2R (GRS ID 35064), AB WTP 2- well 3(GRS ID 6374), AB
WTP 2-well 5 (GRS ID 6378), Buc WTP 4-well 1 N (GRS ID 6379), Buc WTP 4-well 2S
(GRS ID 6380), Buc WTP 3-well 3W (GRS ID 6381), Buc WTP 3-well 5N(GRS ID 6383)
and Buc WTP 3- well 6S (GRS ID 6384) as listed on the application, must be recorded
continuously, totaled monthly, and reported to the District at least every six months from
the initiation of the monitoring using Form EN-50. The reporting dates each year will be
as follows for the duration of the permit:
Reporting Period Report Due Date:
January -June Report Period: Due July 31
July -December Report Period: Due January 31
9. The Permittee must maintain all flow meters and alternative methods for measuring flow.
In case of failure or breakdown of any meter, the District must be notified in writing within
5 days of its discovery. A defective meter must be repaired or replaced within 30 days of
its discovery.
10. The Permittee must have all flow meters checked for accuracy at least once every 3
years within 30 days of the anniversary date of permit issuance, and recalibrated if the
difference between the actual flow and the meter reading is greater than 5% or if the
.difference between the actual flow and the alternative method measurement is greater
than 10%. District Form EN-51 must be submitted to the District within 10 days of the
inspection/calibration.
11. The Permittee must implement the Water Conservation Plan (Household and
Irrigation) as described and submitted to the District on October 27, 2007, and
in subsequent RAI responses, dated March 14 and December 23, 2008.
12. Annually, for the permit duration, the permittee must continue to financially participate in
The District's Water Conservation Awareness Campaign. Permittee shall submit all
proposed alternative water conservation measures to the District and obtain written
District approval prior to terminating participation in the Water Conservation Awareness
Campaign.
13. The Permittee must complete and submit a water utility audit annually, for the permit
duration, using the District's current water audit form set forth in the Applicant's
Handbook, Consumptive Uses of Water, March 8, 2009. The first audit must be for the
year 2010. The annual water audits must span a 12-month period from January 1st
through December 31 st and must be submitted to the District by February 15th of each
year following the previously audited period. If unaccounted for water losses exceed
10%, the permittee must perform the following: a. a leak detection/leak identification
program must be initiated within 30-days of the 10% exceedance, in order to determine
the source of the water losses. A detailed schedule for leak repair must be submitted to ~ ~
the District within 30-days of audit completion; b. A meter survey must be initiated to
identify unaccounted for use due to meter inaccuracy. A proposal to replace/repair ~
inaccurate meters must be submitted to the District within 30 days of audit completion; c.
Initiate an evaluation to identify unmonitored water use and get such uses metered. „,~
~~
14. If, at any time within permit duration, it becomes practical, economically feasible and
permissible under applicable state and federal statutes or regulations promulgated
thereunder, the District may require the Permittee to become a reclaimed water purveyor
or increase the availability of reclaimed water for use at a permissible application site.
15. The use of master meters to supply potable water to any multi-family or multi-unit
structure (excluding hospitals and hotels) constructed or remodeled after the date of
permit issuance is prohibited. All individual service connections must be metered.
16. The irrigation controller(s) on all irrigation systems owned or operated by the permittee
must be equipped with a rain sensor(s) and/or soil moisture monitoring devices. The rain
sensor (s) and/or controller(s) must be maintained and operational, pursuant to the
manufacturer's specifications for permit duration.
17. District authorized staff, upon proper identification, will have permission to enter, inspect,
and observe permitted and related facilities in order to determine compliance with the
approved plans, specifications, and conditions of this permit.
18. Nothing in this permit should be construed to limit the authority of the St. Johns River
Water Management District to declare a water shortage and issue orders pursuant to
Section 373.175, Florida Statutes, or to formulate a plan for implementation during
periods of water shortage, pursuant to Section 373.246, Florida Statutes. In the event a
water shortage is declared by the District Governing Board, the permittee must adhere to
the water shortage restrictions as specified by the District, even though the specified
water shortage restrictions may be inconsistent with the terms and conditions of this
permit
19. Prior to the construction, modification, or abandonment of a well, the permittee must
obtain a Water Well Construction Permit from the St. Johns River Water Management
District, or the appropriate local government pursuant to Chapter 40C-3, Florida
Administrative Code. Construction, modification, or abandonment of a well will require
modification of the consumptive use permit when such construction, modification, or
abandonment is other than that specified and described on the consumptive use permit
application form
20. Leaking or inoperative well casings, valves, or controls must be repaired or replaced as
required to eliminate the leak or make the system fully operational
21. Legal uses of water existing at the time of permit application may not be significantly
adversely impacted by the consumptive use. If unanticipated significant adverse
impacts occur, the District shall revoke the permit in whole or in part to curtail or abate
the adverse impacts, unless the impacts can be mitigated by the permittee.
22. Off-site land uses existing at the time of permit application may not be significantly
adversely impacted as a result of the consumptive use. If unanticipated significant
adverse impacts occur, the District shall revoke the permit in whole or in part to curtail or
abate the adverse impacts, unless the impacts can be mitigated by the permittee
23. The District must be notified, in writing, within 30 days of any sale, conveyance, or other
transfer of a well or facility from which the permitted consumptive use is made or with in ~
30 days of any transfer of ownership or control of the real property at which the ~ a
permitted consumptive use is located. All transfers of ownership or transfers of permits ~ ~
are subject to the provisions of section 40C-1.612 N
~~
24. A District issued identification tag shall be prominently displayed at each withdrawal site
by permanently affixing such tag to the pump, headgate, valve, or other withdrawal
facility as provided by Section 40C-2.401, Florida Administrative Code. Permittee shall
notify the District in the event that a replacement tag is needed
25. The permittee's use of water as authorized by this permit shall not cause an interference
with an existing legal use of water as defined in District rules. If interference occurs, the
District may revoke the permit in whole or in part to abate the adverse impact unless
otherwise mitigated by the permittee. In those cases where other permit holders are
identified by the District as also contributing to the interference, the permittee may
choose to mitigate in a cooperative effort with these other permittees. The permittee
shall submit a mitigation plan to the District, and obtain District approval, prior to
implementing any mitigation.
26. If the District determines that unacceptable saline water intrusion is occurring as a result
of the withdrawals authorized by this permit, the District shall revoke the permit in whole
or in part to curtail or abate the saline water intrusion.
27. At least 30 days prior to the construction of Upper Floridan aquifer well "AB WWTP Well
2R (District ID 35064)", the Permittee must have submitted to the District for review and
approval a well construction and aquifer testing program to include the following:
a) Detailed site map (including road features) of proposed production welt location
b) Latitude/Longitude of proposed well(s) locations.
c) Detailed well construction specifications and drawings.
d) Geophysical Logging Program to be conducted upon completion of well -and include
the following: Gamma, Caliper, Electric (sp and electrical resistivity), Fluid Resistivity, e)
f) Temperature, Flow and Video) in a District approved electronic and digital format
(LAS).
g) Downhole water quality testing program to include field-testing at 20 foot intervals
upon penetration of the top of the upper Floridan aquifer for specific conductivity,
chlorides, temperature and pH.
h) Composite water quality sample collection and data analysis for major anions-cations
upon completion of the well.
i) Proposed Step Drawdown Test to be conducted in accordance with the Aquifer
Testing Guidelines outlined in Appendix "F" of the Consumptive Use Permit, Applicant's
Handbook (March 8, 2009).
j) Proposed Specific Capacity Testing program and approach to be used to determine
transmissivity of upper Floridan aquifer.
28. Within 90 days of completion of Well 2R and subsequent completion of Aquifer Testing
Program, the permittee must submit the results of the:
a) Downhole geophysical logging (LAS format only) a
b) Downhole water quality sampling results collected during well construction. N
c) Aquifer transmissivity value and support documentation from Specific Capacity Test N
d) The permittee must collect and have analyzed a water sample from Floridan ~ ~
aquifer AB WWTP-1 Well 2R (SJRWMD ID 35064) upon completion of the well. The
sample must be analyzed for the following:
Field
Field temperature (°C)
Field pH
Laboratory
Bicarbonate alkalinity (as mg/L CaC03)
Carbonate alkalinity (as mg/L CaC03}
Lab pH
Calcium (mg/L)
Chloride (mg/L)
Magnesium (mg/L)
Potassium (mg/L)
Field specific conductance (Nmhos/cm)
Field turbidity (NTU)
Sodium (mg/L)
Sulfate (mg/L)
Strontium (mg/L)
Specific Conductance (Nmhos/cm)
Total Iron (mg/L)
Total Dissolved Solids (mg/L)
Sample Collection
Samples must be collected in accordance with the Florida Department of Environmental
Protection's (FDEP) standard operating procedures (SOP), DEP-SOP-001/01, DEP
Quality Assurance Rule, 62-160, F.A.C.
Prior to sample collection a minimum of 3-5 casing volumes must be removed from each
well. The well must be purged in accordance with DEP-SOP-001/01 and well purging
must be documented using the Groundwater Sampling Log form found in the referenced
FDEP SOP. Samples must be stored on ice immediately after collection, and remain on
ice until received by the laboratory. It is recommended that sample duplicates be taken
to allow for
laboratory errors or data loss and these samples be stored by the laboratory for a
minimum of 60 days to ensure backup sample availability should re-analyses be
required.
Quality Assurance
The permittee must provide documentation that field instruments were properly
calibrated prior to obtaining field measurements.
All water quality analyses must be performed by a laboratory certified by the Florida
Department of Health (FDOH) and the National Environmental Laboratory Accreditation
Conference (NELAC). All laboratory analyses must be by methods for which the
laboratory has FDOH certification. All laboratory analyses must be completed within
EPA holding times. If the data is lost or a laboratory error occurs and the EPA holding
time for the analysis has expired, the Permittee must resample the well within 15 days of
notification from the laboratory that a loss or laboratory error has occurred.
With the exception of pH, laboratory analyses utilizing selective ion electrodes are not
acceptable due to the inadequate sensitivity of these methods. Analyses utilizing test
kits typically used for field screening (e.g., Hach and LaMotte) are also not acceptable
for the same reason.
All major ion analyses must be checked for anion-cation balance and should balance m a
(equivalent concentrations as meq/L) within 5%. If the anion-cation balance does not ~
balance within 5%, the permittee must review the data and include in the report
submitted to the District a discussion of the cause or explanation of the imbalance. If the ~ a
anion-cation balance does not balance with 5%, the permittee may be required to re- ,~
analyze the sample if it is within acceptable holding times, or resample the well and $
reanalyze the sample. co
Reports
A report must be submitted to the District within 30 days of receipt of data analysis from
the laboratory to include:
o Well sampling log
o Field instrumentation calibration verification
o Chain of custody forms
o Laboratory analytical report in approved format
All data must be submitted to the District using the District's Water Quality Compliance
Submittal Template and must be consistent with FDOH and NELAC laboratory reporting
requirements.
29. The permittee must collect and have analyzed a water sample from Floridan
aquifer Wells AB WTP 1-well 1(GRS ID 6376), AB WWTP 1-well 2(GRS ID 6377), AB
WWTP 1-well 2R (GRS ID 35064), AB.WTP 2- well 3(GRS ID 6374), AB WTP 2-well 5
(GRS ID 6378), Buc WTP 4-well 1 N (GRS ID 6379), Buc WTP 4-well 2S (GRS ID 6380),
Buc WTP 3-well 3W (GRS ID 6381), Buc WTP 3-well 4E (GRS ID 6382), Buc WTP S-
well 5N (GRS ID 6383) and Buc WTP 3- well 6S (GRS ID 6384) in May and November
of each year for the permit duration. Each sample must be analyzed for the following:
Field
Field temperature (°C)
Field pH
Field specific conductance (Nmhos/cm)
Field turbidity (NTU)
Laboratory
Bicarbonate alkalinity (as mg/L CaC03)
Carbonate alkalinity (as mg/L CaC03)
Lab pH
Calcium (mg/L)
Chloride (mg/L)
Magnesium (mg/L)
Potassium (mg/L)
Sodium (mg/L)
Sulfate (mg/L)
Specific Conductance (Nmhos/cm)
Total Iron (mg/L)
Total Dissolved Solids (mg/L)
Sample Collection
Samples must be collected in accordance with the Florida Department of Environmental
Protection's (FDEP) standard operating procedures (SOP), DEP-SOP-001/01, DEP
Quality Assurance Rule, 62-160, F.A.C.
Prior to sample collection a minimum of 3-5 casing volumes must be removed from each
well. The well must be purged in accordance with DEP-SOP-001/01 and well purging
must be documented using the Groundwater Sampling Log form found in the referenced
FDEP SOP. Samples must be stored on ice immediately after collection, and remain on
ice until received by the laboratory. It is recommended that sample duplicates be taken
to allow for laboratory errors or data loss and these samples be stored by the laboratory
for a minimum of 60 days to ensure backup sample availability should re-analyses be
required.
Quality Assurance
The permittee must provide documentation that field instruments were properly
calibrated prior to obtaining field measurements.
All water quality analyses must be performed by a laboratory certified by the Florida ~ ~
Department of Health (FDOH) and the National Environmental Laboratory Accreditation
Conference (NELAC). All laboratory analyses must be by methods for which the
laboratory has FDOH certification. All laboratory analyses must be completed within ~
EPA holding times. If the data is lost or a laboratory error occurs and the EPA holding °°
time for the analysis has expired, the Permittee must resample the well within 15 days of ~ ~
notification from the laboratory that a loss or laboratory error has occurred.
With the exception of pH, laboratory analyses utilizing selective ion electrodes are not
acceptable due to the inadequate sensitivity of these methods. Analyses utilizing test
kits typically used for field screening (e.g., Hach and LaMotte) are also not acceptable
for the same reason.
All major ion analyses must be checked for anion-cation balance and must balance
(equivalent concentrations as meq/L) within 5%. If the anion-cation balance does not
balance within 5%, the Permittee must review the data and include in the report
submitted to the District a discussion of the cause or explanation of the imbalance. If the
anion-cation balance does not balance with 5%, the Permittee may be required to re-
analyze the sample if it is within acceptable holding times, or resample the well and
reanalyze the sample.
Reports
A report must be submitted to the District within 30 days of receipt of data analysis from
the laboratory to include:
o Well sampling log
o Field instrumentation calibration verification
o Chain of custody forms
o Laboratory analytical report in approved format
All data must be submitted to the District using the District's Water Quality Compliance
Submittal Templates (available at the District's website or via email) and must be
consistent with FDOH and NELAC laboratory reporting requirements.
30. The Permittee shall review its water utility customer accounts for customers that use
more than 100,000 gallons per day, annual average for each calendar year of this
permit. No later than March 31St of each year, the Permittee shall submit a report to the
District that lists any customer accounts that used more than 100,000 gallons per day,
annual average, in the preceding calendar year.
31. The Permittee shall adopt the District's model water conservation ordinance for
landscape irrigation ordinance no later than November 30, 2009. The Permittee shall
review and revise the landscape irrigation ordinance as necessary to require that
landscape irrigation within the City of Atlantic Beach's city limits is in conformity with the
requirements set forth in section 40C-2.042, Florida Administrative Code.
32. The Permittee shall evaluate the feasibility of requiring new development to install and
~~~ maintain dual water distribution piping as a condition of new development
agreements, City Reuse Ordinance or development orders. The Permittee shall provide
an annual report of its compliance with this condition no later than January 31St of each
year this permit is in effect. The annual report shall provide copies of all new
development agreements or development orders and reclaimed water agreements
issued in the preceding calendar year, and it shall document the construction of dual
water distribution piping installed in the preceding calendar year.
b~
33. The permittee shall adopt a "Florida Friendly" landscape ordinance in accordance with ~
Chapter 373.228 Florida Statutes no later than December 31, 2009. A draft of the ~ a
proposed ordinance shall be submitted to the District for review and approval no later ~
than October 31, 2009. The adopted ordinance shall incorporate any revisions provided °° ~
by the District. ~ ~
34. The permittee shall adopt a Reuse ordinance no later than December 31, 2009. A draft
of the proposed ordinance shall be submitted to the District for review and approval no
later than October 31, 2009. The adopted ordinance shall incorporate any revisions
provided by the District, unless the permittee demonstrates that the proposed revisions -
are infeasible.
35. The permittee shall submit to the District, a compliance report, pursuant to subsection
373.219, F.S., 5 years after permit issuance. Specifically, the permittee shall submit the
report by September 30 of year 2014. The report must, at a minimum, include all the
information required by the District's "Individual and Standard General Consumptive Use
Permit Application Form Number 40C-2.1082-1" in existence at the time the permit was
issued. Additionally, the report must contain sufficient information to maintain reasonable
assurances that the permittee's use of water will continue, for the remaining duration of
the permit, to meet the conditions for permit issuance set forth in the District rules that
existed at the time this permit was issued:
a) information documenting that allocations from all sources in the permit will continue to
be needed for the remainder of the permit duration;
b) documentation verifying that the sources are capable of supplying the needs
authorized by this permit without causing harm to water and water-related resources;
c) documentation verifying that use of water is efficient and that the permittee is
implementing all feasible water conservation measures;
d) an updated analysis demonstrating that the use of groundwater for public supply does
not interfere with legal uses existing at the time of permit issuance, and does not cause
unacceptable adverse impacts to wetlands and surface waters;
e) information demonstrating that the lowest quality source of water, including reclaimed
water, is being used to meet water demands unless the permittee demonstrates that
such use is not feasible pursuant to District rules; and
f) demonstration that the permittee's projected demands will not contribute to
unacceptable impacts to spring flows, minimum flows and levels and vegetative impacts.
36. The permittee must have all reclaimed water distribution infrastructure in place and
ready for delivery of reclaimed water to Selva Marina Country Club golf course and
landscape areas and its associated proposed residential development prior to
completion of the redevelopment of the golf course and prior to any of the residential
units being occupied.
37. The permittee's consumptive use shall not adversely impact wetlands, lakes, and spring
flows or contribute to a violation of minimum flows and levels adopted in Chapter 40C-8,
F.A.C., except as authorized by aSJRWMD-approved minimum flow or level (MFL)
recovery strategy. If unanticipated significant adverse impacts occur, the SJRWMD shall
revoke the permit in whole or in part to curtail or abate the adverse impacts, unless the
impacts are mitigated by the permittee pursuant to aDistrict-approved plan
38. All irrigation shall be in conformity with the requirements set forth in subsection 40C-
2.042(2), F.A.C.
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION and UNIVERSITY OF FLORIDA
JANUARY 2009
• AFlorida-Friendly landscape Publication
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
Excessive nutrient loading to Florida's surface and ground waters is one of the biggest water quality issues
facing our state. It is far easier and much less expensive to minimize the amount of nutrients that get into
our waters than it is to treat stormwater and other nonpoint sources of pollution to remove nutrients. A
major source of nutrient loading is from fertilizers applied to urban landscaping. To minimize the impacts
of such fertilizers, the State of Florida has undertaken several initiatives to promote Florida-Friendly
Landscaping and fertilizers.
This book is a compilation of two guidelines for model ordinances to promote Florida-Friendly Landscape
principles in local government Land Development Regulations and model restrictive covenants for develop-
ments that require Florida-Friendly Landscaping. The first model ordinance guideline is a revision of a
2003 FDEP-led effort to create model ordinance language for use by communities in Florida. It represents
FDEP's preference for addressing nonpoint sources of pollution from lawns and landscapes in a comprehen-
sive manner with a strong focus on source controls and education; that is, to prevent stormwater from
being polluted in the first place, or to treat it on the site where it is first generated, using low-impact devel-
opmentprinciples and Best Management Practices.
The second model ordinance is a stand-alone subset of the fertilization sections of the first ordinance. It is
a much more limited, addressing only the application of lawn and landscape fertilization, which only
addresses one component of the issues associated with fertilization of urban landscapes. This model has
been adapted from a draft model ordinance written by the legislatively appointed Consumer Fertilizer Taslc
Force in 2007. The main focus is on the training and professionalism of professional applicators.
Finally, the last section of the booklet addresses the private contract provisions typically found in deed
restrictions, subdivision covenants, and other restrictions used by developers and homeowners associa-
tions. This document was produced by the University of Florida Levin College of Law
Copyright January 2009, Florida Department of Environmental Protection
FLCN2IDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
TABLE OF CONTENTS ..............................................iii
FLORID,r~-FRii~NDLY LAf`JDSCA.F
GU1DiLlNES FOR MOD1=L ORDINANCE
LANGU3.GE FCR PRO"fECiION OF
WATER GUALI iY AND C<UANTITY ..............................1
MODEL ORDINANCE FOR
FLORIDA-FRIENDLY FERTILI7_ER
USE ON URBAfJ LANGSCA?ES
...........................21
FLORIDA-FRIENDLY LANDSCAPING COVEi~!ANTS,
CONDITIONS At`!D RESTRICTIONS ..........................27
Department of Environmental Protection and the University of Florida - JANUr.RY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
Florida Department of Environmental Protection
FLORIDA-FRIENDLY LANDSCAPE
GUIDELINES FOR MODEL ORDINANCE LANGUAGE
FOR PROTECTION OF WATER QUALITY AND QUANTITY
January 2009
This document is educational in nature and not meant to be adopted without full and public discussion of its provisions. It
was developed by a partnership of industries, agencies, local and regional representatives, and other organizations to provide
a sound model for the implementation of local control of water use and nonpoint source pollution issues associated with
urban landscapes.
As of the date of publication, the implementation of this language is not mandated by any state or federal law Communities
have been encouraged, however, by Sections 125.568, 166.048, 373.185, 373.228, 373.4595, and 403.067 Florida Statutes,
to consider adopting Florida-Friendly ordinances. In addition, the growing number of nutrient- impaired water bodies and
the costs of treating nonpoint sources of pollution provide another incentive to adopt these ordinances. This document is
an educational tool for those communities seeking advice on preparing this type of ordinance. It also addresses issues of
nonpoint source pollution not addressed by many water conservation ordinances. Other model ordinances exist and should
be consulted, and a full evaluation of how various provisions might mesh with existing codes is necessary. Most communi-
ties will find some features apply to land development codes, others under occupational licensing, nuisance ordinances, etc.
It is not nor does it purport to be a comprehensive landscape ordinance.
The following organizations, and individuals too numerous to mention, were involved in the original creation of this prod-
uct, first issued in September, 2003.
Florida Nursery, Growers
and Landscapers Association
1000 Friends of Florida
Green Industry Alliance
Florida Turfgrass Association
Florida Irrigation Society
Landscape Maintenance
Association
Florida Pest Management
Association
Certified Pest Control Operators
Florida League of Cities
Florida Association of Counties
Florida Chapter, American Society
of Landscape Architects
FDOT
FDCA
FDACS
FDEP
OF-IFAS
Northwest Florida WMD
Suwannee River WMD
St. Johns River WMD
Southwest Florida WMD
South Florida WMD
FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
JANUARY 2009
1. TITLE
AN ORDINANCE OF THE (CITY/COUNTY OF)
AMENDING OR REPLACING ORDINANCE NO.(S)_
_ OF THE GENERAL LANDSCAPE REGULATIONS
BY REQUIRING FLORIDA-FRIENDLY LANDSCAPE
PRACTICES AND IRRIGATION SYSTEMS; BY PRO-
VIDING FOR CONSISTENCY WITH STATE LAW
AND THE (CITY/COUNTY OF) COMPREHENSIVE
PLAN; PROVIDING FOR PURPOSE AND INTENT;
PROVIDING FOR DEFINITIONS; PROVIDING FOR
AMENDMENT OF EXISTING REGULATIONS; PRO-
VIDING FOR CONFLICTS; PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR ENFORCEMENT AND PROVID-
ING AN EFFECTIVE DATE.
2. FINDINGS OF FACT
results in a long-term reduction of irrigation, fertilizer,
and pesticide requirements, costs, energy, and mainte-
nance; and
WHEREAS, aFlorida-Friendly Landscape encourages
a reduction of total energy expenditures such as
water pumping and treatment, manufacture and ship-
ping of fertilizers, insecticide, and other gardening
chemicals, operation and maintenance of mowers,
edgers, blowers and other combustion based yard
equipment, as well as labor; and
WHEREAS, community-wide Florida-Friendly
Landscape efforts are designed to save significant
amounts of water to preserve local water supplies
such that cumulative benefits may reduce or post-
pone the need for community potable water supply
expansion; and
WHEREAS, the Local Government Comprehensive
Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, (F.S.), provides for
comprehensive plan implementation through the
enactment of certain ordinances; and
WHEREAS, pursuant to Sections 125.568, 166.048,
373.185, F.S. and 373.228, local governments should
consider the adoption of Florida-Friendly Landscape
Standards and further Section 376.62, F.S., regulates
the installation of rain sensor devices on automatic
lawn sprinkler systems; and
WHEREAS, Section 373.228 F.S. requires that ordi-
nances or rules addressing landscaping or irrigation
shall follow the standards in Landscape brigation and
Florida-Friendly Design Standards, December 2006; and
WHEREAS, the Florida Watershed Restoration Act
(403.067 F.S.) and the NPDES municipal stormwater
permitting program require local governments to
reduce pollutant loads discharged from their
stormwater management systems to better protect
and restore surface and ground waters; and
WHEREAS, the (Cit}~/County of _) recognizes the
need for the protection of water as a natural resource
through the application of Florida-Friendly
Landscape practices; and
WHEREAS, aFlorida-Friendly Landscape promotes
the conservation of water by the use of site adapted
plants and efficient watering methods which generally
WHEREAS, The Florida Legislature enacted Florida
Statutes, Chapter 481, Part II and the Board of
Landscape Architecture adopted Rule 61-G-10
Florida Administrative Code, which defines and
regulates the practice of landscape architecture to
protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE
GOVERNING BODY OF THE (CITY/COUNTY OF
), FLORIDA, as follows:
3. SHORT TITLE
This ordinance shall be known and may be referred
to as the (City/County of )Ordinance for
Protection of Water Quality and Quantity Using
Florida-Friendly Landscapes.
4. AUTHORITY
This ordinance is adopted by the (City/County of _)
under its home rule powers, its police powers to pro-
tect the public health, safety, and welfare, and under
powers pursuant to the authority granted by Sections
125.568 (Counties) and 166.048 (Cities), Florida
Statutes, in order to implement and enforce the stan-
dards, rules and regulations as set forth herein.
5. ADMINISTRATIVE STANDARDS
Whenever, in the course of administration and
enforcement of this ordinance, it is necessary and
desirable to make any administrative decision, then,
A
Department of Environmental Protection and the University of Florida -JANUARY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
unless other standards are in this Ordinance, the
decision shall be made so that the result will not be
contrary to the spirit and purpose of this ordinance
or injurious to the surrounding neighborhood or
the community at large.
6. PURPOSE AND INTENT
The purpose of these regulations is to establish min-
imum standards for the development, installation,
and maintenance of Florida-Friendly Landscape
areas without inhibiting creative landscape design,
construction and management
The Florida Yards Fy Neighborhoods Handbook, the
Water Management Districts' Watertivise F1or-idn
Landscape Guide, Xeric Landscaping with Florida
Native Plants by the Association of Florida Native
Nurseries, FDEP's Waterfront Property Owtter-s Guide,
the Florida-Friendly Best Management Practices for
Protection of Water Resources ley the Greets Industries,
and Water Rigltt: Conserving our Water, Preserving our-
Environment published by the International Turf
Producers Foundation should be referred to before
making landscape and other site decisions. In gener-
al, all landscapes shall be designed to minimize
adverse effects on Florida's natural systems.
Specific Best Management Practices (BMPs) have
been developed that include water conservation
measures, the preservation of natural vegetation
where applicable, and appropriate plant selection
and location. Best Management Practices have also
been developed for the ttse of fertilizers, pesticides
and appropriate maintenance practices such as
proper pruning techniques, mowing, mulching and
composting. Implementation of BMPs will aid in
improving environmental quality and the aesthetic
appearance of public, commercial, industrial, and
residential areas.
These guidelines and landscape practices are estab-
lished to help communities, developers, builders,
contractors, businesses and homeowners be part-
ners in improving and protecting Florida's environ-
ment.
These practices are also based on the premise that
the quality of Florida's surface and ground water is
affected by stormwater runoff and leachate.
Improper landscape design, construction and man-
agement may contribute to nonpoint source pollu-
tion that affects ground and surface water quality.
Use of BMPs in proper landscape design and main-
tenance can reduce pollution and save water, as well
as save labor, resources, and money. Application of
BMPs will also help to enhance property values,
improve Florida's quality of life and protect natural
resources for Florida residents well into the future.
This ordinance is based on concepts of Florida-
Friendly Landscaping and the use of BMPs. The
Florida-Friendly Landscape concept is based on the
principles of the Florida Yards and Neighborhoods
(FYN) and Environmental Landscape Management
(ELM) programs operated by the University of
Florida Cooperative Extension Service, along with
the various water conservation programs of the
State's Water Management Districts, and BMPs iden-
tified in the Florida friendly Best Management
Practices for Protection of Water Resources by the
Green Industries (2008).
No part of these guidelines shall be interpreted to
restrict creative designs or the inclusion of landscape
elements such as vegetable gardens, fruit trees,
arbors, water gardens, or furnishings.
This ordinance incorporates several accepted princi-
ples of aFlorida-Friendly Landscape. These princi-
ples, listed below, are included within the general
provisions section for the purpose of giving guidance
and direction for the administration and enforce-
ment of the regulations contained herein. Detailed
explanations of the following principles are included
in the previously cited documents.
• Site Planning and Design
• Soils
• Land Clearing Standards and Preservation of Native
Vegetation
• Appropriate Plant Selection, Location, and
Arrangement
• Practical Use of Turf
• Efficient Irrigation
• Yard Waste Management, Composting and Use of
Mulches
• Fertilizer Management
• Pesticide Management
• Landscape Maintenance
• Shoreline Considerations
This Ordinance regulates the proper use of fertilizers
by any applicator and establishes training and licens-
ing requirements for Commercial and Institutional
Fertilizer Applicators. It also establishes a prohibited
application period when fertilizer can not be applied
FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
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 nega-
tive secondary and cumulative environmental effects
associated with the misuse of fertilizers. These sec-
ondary and cumulative effects have been observed in
and on (MUNICIPALITY / COUNTY)'s natural and
constructed stormwater and drainage conveyances,
rivers, creeks, canals, springs, lakes, estuaries and
other water bodies. [Guidance: as appropriate]
Collectively, these water bodies are an asset critical
to the environmental, recreational, cultural and eco-
nomic well-being of (MUNICIPALITY /COUNTY)
residents and the health of the public. Overgrowth
of algae and vegetation hinder the effectiveness of
flood attenuation provided by natural and construct-
ed stormwater and drainage com~eyances.
Regulation of nutrients, including both phosphorus
and nitrogen contained in fertilizer, will help
improve and maintain water and habitat quality.
[Guidance: Florida Statues 125.568(3), 166.048(3),
and 373.185(3) provide [hat n deed resh•iction or
covenant entered after October 1, 2001, or local gov-
ernment ordinance, may not prohibit any property
owner from intpiementing Xeriscape or Florida-
Fr-iendly Landscape practices on his or her land. Any
resh•ictions created after this date are void.]
7. APPLICABILITY
reflect this requirement beginning one year after the
approval of this regulation. [Guidance: Existing
facilities/sites rnny not have been designed to maximize
Florida friendly practices, but should be managed
insofar as is practicable using these principles.]
All new and renovated City/County facility land-
scapes will be designed in accordance with these
principles and be constructed and installed using
Florida-Friendly Landscape materials.
This Ordinance shall be applicable to and shall reg-
ulate any and all applicators of fertilizer and areas
of application of fertilizer within the area of
(MUNICIPALITY /COUNTY), unless such applica-
tor is specifically exempted by the terms of this
Ordinance from the regulatory provisions of this
Ordinance. This Ordinance shall be prospective
only, and shall not impair any existing contracts.
[Gnidance: Local goventntent Wray adopt additional
or more stringent provisions to the model ordinance,
but to avoid allegations of restraint of trade or arbi-
trary and capricious actions, should clearly document
that the provisions are reasonable and necessary, as
determined by scientific study, to comply with state or
federal environmental rules or to prevett[ future viola-
tions, and to deviate as little as possible from stnttdard
provisions pr-ontulgnted by this Model Ordinance, so
as to avoid a confused regulatory tangle of adjoining
jurisdictions which unchcly favors local service only
businesses over those with n multijurisdictional
service area.]
The provisions of this ordinance shall apply to the
development, redevelopment, rehabilitation, and
maintenance of all property within present or future
incorporated areas of the (City/County of )
which are subject to the provisions of Chapter
Site Plan Review; Chapter
Planned Unit Developments; or
Chapter ,Subdivisions and Plats of
the (City/County of ), Land
Development Code. [Guidance: If adopted by a coun-
ty, ttnincorpor•nted areas should also be included where
they are subject to developtnent.]
No permit shall be issued for building, paving, or
tree removal unless the landscape construction doc-
uments comply with the provisions hereof; and no
Certificate of Occupancy shall be issued until the
requirements herein are met. (Guidance: Provided
that such documents are required to be submitted.]
All City/County facilities will be managed in accor-
dance with these practices within one year of the
approval of this Regulation. All City/County land-
scape service contractors will adhere to these prac-
tices. All new bid specifications and contracts will
If the provisions of this ordinance conflict with
other ordinances or regulations, the more stringent
limitation or requirement shall govern or prevail to
the extent of the conflict.
Specific application of the provisions shall include,
but not be limited to:
All new, redeveloped, or rehabilitated land-
scapes for public agency projects and private
developtnent projects including but not limited
to industrial, commercial, residential, and recre-
ation projects, including new single-family and
two-family homes; [Guidance: Florida Statues
125.568(3), 166.048(3), and 373.185(3) provided
that a deed restriction or cvvenant entered after
October 1, 2001, or local government ordinance,
may rrot prohibit any property owner from imple-
menting Xeriscape or Flvrida-Friendly Lmtdscnpe
practices on his or- her Land. Any restrictions cre-
ated after this date are void.]
• Developer-installed landscapes at entrances into
and common areas of single-family and multi-
family projects;
Department of Environmental Protection and the University of Florida -JANUARY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
• Any development approved prior to the effective
date of this ordinance if the governing site
development plan is amended;
Exempted from the provisions of this ordinance are
the following as applicable:
Bona-fide agricultural activities as defined in the
Florida Right to Farm Act, Section 823.14,
Florida Statutes, provided that fertilizers are
applied in accordance with the appropriate Best
Management Practices Manual adopted by the
Florida Department of Agriculture and
Consumer Services, Office of Agricultural Water
Policy for the crop in question.
Other properties not subject to or covered under
the Florida Right to Farm Act that have Pastures
used for grazing livestock provided that fertiliz-
ers are applied in accordance with the appropri-
ate Best Management Practices Manual adopted
by the Florida Department of Agriculture and
Consumer Services, Office of Agricultural Water
Policy for the crop in question.
Any development that is governed by an
approved, final site development plan or a valid
building permit issued prior to the effective date
of this ordinance is exempted from retrofitting
or meeting the specific provisions of Sections 9
A-F. However, existing development is not
exempted from those provisions affecting man-
agement, maintenance, or the education of
maintenance personnel.
• Rights-of-way for public utilities, including elec-
trical transmission and distribution lines, and
natural gas pipelines.
mean Council or Commission of the (City/County of
), and the word "city" or
"county" shall mean the (City/County of
of the State of Florida. The word "used"
shall be deemed to include the words "arranged",
"designed", or "intended to be used", and the word
"occupied" shall be deemed to include the words
"arranged", "designed", or "intended to be occupied".
Any word or term not interpreted or defined by this
section shall be used with a common dictionary
meaning of common or standard utilization.
1. "Administrator" means the (MUNICIPALITY /
COUNTY) Administrator, or an administrative
official of (MUNICIPALITY /COUNTY) govern-
ment designated by the City/County
Administrator to administer and enforce the
provisions of this Article.
2. "Application" or "Apply" means the actual
physical deposit of Fertilizer to Turf or
Landscape Plants.
3. "Applicator" means any Person who applies
Fertilizer on Turf and/or Landscape Plants in
(MUNICIPALITY /COUNTY).
4. Aquascape. The planting of aquatic and wetland
plants in the enhancement, restoration, or cre-
ation of freshwater, estuarine, or marine systems.
5. Automatic Controller. A mechanical or elec-
tronic device, capable of automated operation of
valve stations to set the time, duration and fre-
quency of a tivater application.
6. "Board or Governing Board" means the Board
of City/County Commissioners of (MUNICIPAL-
ITY /COUNTY), Florida.
• Conditional exemption may be granted by (to be
inserted by local government) for individual
projects if the applicant can demonstrate accept-
able reasons for the requested exemption.
S. DEFINITIONS
For the purpose of this ordinance, the following
words and phrases shall have the meanings respec-
tively ascribed to them by this section unless the
context clearly indicates otherwise.
All words used in the present tense include the
future; all words in the singular number include the
plural and the plural the singular; the word "build-
ing" includes the word "structure"; the word "shall"
is mandatory and the word "person" includes a firm,
corporation, county, municipal corporation, or natu-
ral person. The term "council" or "commission" shall
7. "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 eco-
nomic and technological considerations, for
improving water quality, conserving water sup-
plies and protecting natural resources.
8. "Code Enforcement Officer, Official, or
Inspector" means any designated employee or
agent of (MUNICIPALITY /COUNTY) whose
dory it is to enforce codes and ordinances enact-
ed by (MUNICIPALITY /COUNTY).
9. "Commercial Fertilizer Applicator" means any
Person who applies Fertilizer on Turf and/or
Landscape Plants in (MUNICIPALITY /COUNTY)
A
FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
in exchange for money, goods, services or other
valuable consideration.
10. Constant Pressure/Flow Control. A device that
maintains a constant flow, or pressure, or both.
11. Developed landscape area. That portion of the
property where pre-development vegetation is to
be removed.
12. Emitter. This term primarily refers to devices
used in microirrigation systems.
13. "Fertilize," "Fertilizing," or "Fertilization"
means the act of applying Fertilizer to Turf, spe-
cialized Turf, or Landscape Plant.
18. "Guaranteed Analysis" means the percentage of
plant nutrients or measures of neutralizing capa-
bility claimed to be present in a Fertilizer.
19. Hardscape. Areas such as patios, decks, drive-
ways, paths and sidewalks that do not require
irrigation.
20. High Water Use Plants. Plants that require irri-
gation to provide supplemental water on a regu-
lar basis throughout the year, or are so identified
by a regulatory agency having jurisdiction.
When placed in a naturally high water table
area appropriate to the plant such that irrigation
is not required, such plants shall not be consid-
ered high water use for the purposes of this
ordinance.
14. "Fertilizer" means any substance or mixture of
substances, except pesticide/fertilizer mixtures
such as "weed and feed" products, that contains
one or more recognized plant nutrients and pro-
motes plant growth, or controls soil acidity or
alkalinity, or provides other soil enrichment, or
provides other corrective measures to the soil.
[Guidance: Regulation of pest conhol businesses
and applicators, and of pesticide use, is preempted
to the Florida Department of Agriculture and
Consumer Services (FDACS) by Chapters 482.242,
and 48%.051 (2), F.S. and suspected pesticide mis-
use should be reported to FDACS. Weed mid feed
products m-e registered pesticides. The Limited
Commercial Landscape Maintenance Certificntiort
Program does not allow landscape maintenance
workers to niai~e any hind of pesticide applications
(inchtding weed control and/or' weed and feed prod-
ucts) to mty turf m-ens. Per 482.165(3) F.S., a civil
penalty for unlicensed application of pesticides,
including weed mid. feed products, may not be less
thnrt $500 or more t}ran $5,000Jor~ each offense:.]
15. Filter. A device in irrigation distribution systems
that separates sediment or other foreign matter.
16. Florida-Friendly Landscape. The principles of
Florida-Friendly Landscapiug include planting
the right plant in the right place, efficient ~vater-
ing, appropriate fertilization, mulching, attrac-
tion of wildlife, responsible management of yard
pests, recycling yard waste, reduction of
stormwater runoff, and waterfront protection.
Additional components of Florida-Friendly
Landscape include planning and design, soil
analysis, the use of solid waste compost, practi-
cal use of turf, and proper maintenance.
17. Ground Cover. Low growing plants, other than
turfgrass, used to cover the soil and forma con-
tinuous, low mass of foliage.
21. Hydrozone. A distinct grouping of plants with
similar water needs and climatic requirements.
22. Infiltration Rate. The rate of water entry into
the soil expressed as a depth of water per unit of
time (inches per hour)
23. "Institutional Applicator" means any Person,
other than anon-commercial or commercial
Applicator (unless such definitions also apply
under the circumstances), that applies Fertilizer
for the purpose of maintaining Turf and/or
Landscape Plants. Institutional Applicators shall
include, bttt shall not be limited to, owners and
managers of public lands, schools, parks, reli-
gious institutions, utilities, industrial or business
sites and any residential properties maintained in
condominium and/or common ownership.
24. Irrigated landscape area. All outdoor areas that
require a permanent irrigation system.
25. Irrigation System. A constructed watering sys-
tem designed to transport and distribute water
to plants.
26. Irrigation Zone. A grouping of sprinkler heads
or microirrigation emitters operated simultane-
ously by the control of one valve.
27. Landscape. Any combination of living plants
(such as grass, ground cover, shrubs, vines,
hedges, or trees) and non-living landscape mate-
rial (such as rocks, pebbles, sand, mulch, walls,
fences, or decorative paving materials).
28. Landscape Construction Documents. Landscape
construction documents may include a planting
plan, a landscape layout plan, an irrigation plan,
a grading and drainage plan, detail sheets and
Department of Environmental Protection and the University of Florida -JANUARY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
written specifications. Plans shall be numbered,
dated, North arrow indicated, scaled, and sealed
by an appropriately licensed professional where
required by Florida Statutes Chapter 481, Part II.
29. Landscape Design. Means consultation for and
preparation of planting plans drawn for com-
pensation, including specifications and installa-
tion details for plant materials, soil amend-
ments, mulches, edging, gravel, and other simi-
lar materials. Such plans may include only rec-
ommendations for the conceptual placement of
tangible objects for landscape design projects.
Construction documents, details, and specifica-
tions for placement of tangible objects and irri-
gation systems shall be designed or approved by
licensed professionals as required by law
30. Landscape Layout Plan. Plans and drawings
showing the location of buildings, structures,
pedestrian, transportation, or environmental sys-
tems, and the detail for placement of site ameni-
ties, accessibility components, plantings and
other tangible objects. Plans shall be numbered,
dated, North arrow indicated, scaled, and sealed
by an appropriately licensed professional where
required by Florida Statutes Chapter 481, Part II.
31. "Landscape Plant" means any native or exotic
tree, shrub, or groundcover (excluding Turf).
32. Landscaped Area. The entire parcel; less the
building footprint, driveways, hardscapes such
as decks and patios, and non-porous areas.
Water features are included in the calculation of
the landscaped area. This landscaped area
includes XeriseapeT"' as defined in Chapter
373.185(1)(b), ES.
33. Low-flow Point Applicators. Irrigation applica-
tors with output less than 60 gallons per hour
(gph)•
34. "Low Maintenance Zone" means an area a mini-
mum of six (6) feet wide adjacent to water
courses which is planted and managed in order
to minimize the need for fertilization, watering,
mowing, etc.
37. Microirrigation (low volume). The application
of small quantities of water directly on or below
the soil surface, usually as discrete drops, tiny
streams, or miniature sprays through emitters
placed along the water delivery pipes (laterals).
Microirrigation encompasses a number of meth-
ods or concepts including drip, subsurface, bub-
bler, and spray irrigation, previously referred to
as trickle irrigation, low volume, or low flow
irrigation.
38. Moderate Water Use Plants. Plants that need
supplemental water during seasonal dry periods.
39. Moisture Sensing Device or Soil Moisture
Sensor. A device to indicate soil moisture in
the root zone for the purpose of controlling an
irrigation system based on the actual needs of
the plant.
40. Mulch. Non-living, organic or synthetic materi-
als customarily used in landscape design to
retard erosion and retain moisture.
41. "(MUNICIPALITY /COUNTY) Approved Best
Management Practices Training Program"
means a training program approved by the
(MUNICIPALITY /COUNTY) Administrator that
includes at a minimum, the most current version
of the Florida Department of Environmental
Protection's "Florida-Friendly Best Management
Practices for Protection of Water Resources by the
Florida Green Industries, December 2008" as
revised and any more stringent requirements set
forth in this Article. [Guidance: Adopting entity
must define levels of training for this program. Some
rnav wis}t a certificate of completion, implying pass-
ing atest, others only attendance at tlie training.
s:.tch as for laborers that Wray be illiterate and do not
handle fertilizers or other aguherricals.]
42. Native Vegetation. Any plant species with a geo-
graphic distribution indigenous to all, or part, of
the State of Florida as identified in: Wunderlin,
R. P. 1998. Guide to the Vascular Plants of
Florida. University Press of Florida, Gainesville.
43. "Pasture" means land used for livestock grazing
that is managed to provide feed value.
35. Low Water Use Plants. Plants that do not need
supplemental water beyond natural rainfall, or
are so identified by a regulatory agency having
jurisdiction.
36. Microclimate. The climate of a specific area in
the landscape that has substantially differing sun
exposure, temperature, or wind, than surround-
ing areas or the area as a whole.
44. "Person" means any natural Person, business,
corporation, limited liability company, partner-
ship, limited partnership, association, club,
organization, and/or any group of people acting
as an organized entity.
45. Pervious Paving Materials. A porous asphaltic,
concrete or other surface and ahigh-void aggre-
FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
gate base which allows for rapid infiltration and
temporary storage of rain on, or runoff delivered
to, paved surfaces.
46. Plant Bed. A grouping of trees, shrubs, ground
covers, perennials or annuals growing together
in a defined area devoid of turfgrass, normally
using mulch around the plants.
47. Plant Communities. An association of native
plants that are dominated by one or more
prominent species, or a characteristic physical
attribute.
56. Site Appropriate Plant. A plant that after estab-
lishment, will thrive within the environmental
conditions that are normal for a specific location
without artificial supplements such as irrigation.
57. "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 avail-
ability to the plant longer than a reference rapid
or quick release product.
48. Planting Plan. Specifications and installation
details for plant materials, soil amendments,
mulches, edging, gravel, and other similar
materials.
49. Point of Connection (POC). The location
where an irrigation system is connected to a
water supply:
50. Pop-up Sprays. Spray heads that pop up with
water pressure and provide a continuous spray
pattern throughout a given arc of operation.
51. Pressure Tank. A pressurized holding tank for
imgation water coming from wells to minimize
cycling of the water pump.
52. "Prohibited Application Period" means the time
period during which a Flood Watch or Warning,
or a Tropical S[orm Watch or Warning, or a
Hurricane Watch or Warning is in effect for any
portion of (CITY/COUNTY), issued by the
National Weather Service, or if heavy rains is
likely.
53. Pump Cycling. Irrigation pump coming on and
shutting off frequently during operation of irri-
gation systems.
54. Rain Sensor Device. A low voltage electrical or
mechanical component placed in the circuitry of
an automatic irrigation system that is designed
to turn off a sprinkler controller when precipita-
tion has reached apre-set quantity. Required by
law (373.62 F.S.) on all automatic irrigation sys-
tems since 1991.
55. Runoff. The water that results from and occurs
following a rain event, or following an irrigation
event, because the water is not absorbed by the
soil or landscape and slows from the area.
58. "Sod," or "Lawn" means a piece of turf-covered
soil held together by the roots of the turf.
59. Soil Moisture Sensor. See Moisture Sensing
Device.
60. Soil Texture. The classification of soil based on
the percentage of sand, silt, and clay in the soil.
61. Turf and/or Turfgrass. A mat layer of mono-
cotyledonous plants such as, but not limited to,
Bahia, Bermuda, Centipede, Paspalum, St.
Augustine, anti Zoysia.
62. Valve. A device used to control the flow of water
in the irrigation system.
63. Water Use Zone. See "Hydrozone".
9. GENERAL PROVISIONS AND DESIGN STANDARDS
In 2004, the Florida legislature created section
373.228 Florida Statutes directing the Department of
Environmental Protection, the Water Management
Districts, and several stakeholder groups to devise
standards for Landscape Irrigation and Florida-
Friendly Landscape design. The Landscape Irrigation
and Florida-Friendly Design Standards, December
2006, were published by the Department of
Environmental Protection. Local governments must
use these standards when adopting local ordinances
after that date.
Landscape and Xeriscape (Florida-Friendly) Design
Standards:
1. Low impact site design practices, such as pre-
serving existing native trees and vegetation, shall
be used if feasible. Where established natural
vegetation is incorporated into the landscape
design, irrigation of those areas shall not be
required.
~ World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm ~2 inches) in a 24 hour period.
hnp://severe.worldweatherorg rain/ http://www.wrh.noaa.govjsew/MediaGuide/TermsOutlooks Watches Warningspdf.
Department of Environmental Protection and the University of Florida -JANUARY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
2. The plant palette and irrigation system shall be
appropriate for site conditions, taking into
account that, in some cases, soil improvement
can enhance water use efficiency.
3. Plants shall be grouped together by irrigation
demand.
sidewalks, step stones, and other similar materi-
als, and shall not exceed (To be inserted by the
local government) % of the landscaped area. Use
of pervious paving materials is strongly encour-
aged, and relative imperviousness will be con-
sidered.
4. The percentage of landscaped area in irrigated
high water use hydrozones should be mini-
mized. Local government ordinances shall
address the percentage of irrigated landscaped
area that may be included in high water use
hydrozones. These high water use limits
should not apply to landscaped areas requiring
large amounts of turf for their primary func-
tions, e.g., ballfields and playgrounds.
When the construction upon or the development of
a new site or the redevelopment, reconstruction,
upgrading, expansion or change in use of a previous-
ly developed site is such that site plan review by the
(to be inserted by the Local Government) is required
prior to the issuance of a building permit, the provi-
sions of 9A-F of this ordinance shall be applied to
newly disturbed areas of such site. [Gtridarice: It is
intended that for expansion or remodeling of existing
sites, only nevv or modified m-eas would be subject to
these provisions.]
A. Site Planning and Design
1. Site designs and landscape construction docu-
ments shall be prepared in accordance with the
requirements of all applicable Florida Statutes.
All landscape and irrigation system designs shall
be consistent with the standards required under
373.228 Florida Statutes.
Site Plans for new development shall include
riparian buffers adjoining all waters of the state.
Such buffers should be native, or if previously
disturbed, constructed, to be at least 25 feet, and
preferably 50-150 feet wide, to protect water
bodies from nonpoint source pollution generat-
ed by up gradient development. Riparian buffers
shall be designed and managed in accordance
with USDA-MRCS conservation practices for
riparian buffers and filter strips (codes 390, 391,
and 393). Such riparian areas may be included
in the gross development area for purposes of
determining zoning density.
3. The site plan shall consider natural drainage
features to minimize runoff. The use of pervious
surfaces and areas is preferred, therefore imper-
vious surfaces and materials within the land-
scaped area shall be limited to borders,
[Guidance: Site planning and design cmi affect the
management mid maintenance of lawns and landscapes.
Some communities may wish to have detailed landscape
constuction documents submitted to and reviewed by
the local building deparhnent. Drre to the vai-iation in
local government organization, staff, mid existing
codes, it is not possible to develop specific Imiguage in
these guidelines. As guidance, the word "should" is used
in several areas below where "shall" may be more
appropriate in an actual ordinance; Specific choices
need to be made by the local government involved. If
such plan reviews are desired, the following topics
should be considered.
• Site plans should identify aIi vegetated areas to be
preserved.
• All invasive exotic plant species should be removed
fT"0111 EQCh S1tE pY10}" t0 [hE beglrUilrlg of COriS[Ylle-
tion. For purposes of determining plant species [o
remove, refer- to Department of Agrindture and
Consumer Services "Noxious Weeds" rule Chapter
SB- 57, F.A.C.
Gravel, river rock, shell and similar materials
should not be used as a major- landscape ground
cover or mulch. In no case rnny these materials
ocaipy over (To be inserted by the local govern-
ment) % of the landscape surface area as they
irurease the need for herbicide use, have no habitat
value, reflect rather than absorb heat, and do not
produce oxygen lihe plants.
• The solar orientation of the property and its rela-
tionship to other- properties should be considered as
this may produce different min-oclimate exposures
(e.g., sun vs. shade, southern vs. northern expo-
sure, surrounded by heata"eflective surfaces, etc).
If landscape construction documents are required, they
should include, but not be limited to the following:
• Location of all undergrotmd and overhead utilities;
• Existing and proposed trees, shrubs, ground covers
and turf areas within the developed landscape area;
• Plants by botanical and common name, and where
applicable, ntltivnr name; spacing, and quantities
of each type of plant by container size acid by
mature height nrid spread;
A
FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions
AGENDA ITEM # 86
SEPTEMBER 28, 2009
• Existing and proposed property lines, streets, street
names nrtd public utilities;
• Existing and proposed hardscape features such as
driveway(s) and sidetvalh(s) as necessary;
• Existing and proposed structures such ns pool(s),
fountain(s), fence(s) and retaining wall(s);
• Existing and proposed buildings;
• Indicate in a table the total square footage (s) of
the various lanciscnpe hydrozones on the plan. If
more than one water meter serves the site, the
total hydr-ozone square footages of the various
hydrozones must be identified wilt endt Point of
Connection (POC) and meter providing water
service.
Irrigation plans must be designed to recognize differen-
tial irrigation requirements of the landscape as
described in Section F. It is suggested that "Record" or
"As-Built" construction docurnertts be submitted prior
to issuance of the Certificate of Occupancy, with a copy
delivered to the horneotvner: This will help to prevent
later damage front digging by utility t-vorhers or the
homeowner mrd assist the owner with urtder-stnrtding
the system design. The in~igation plan should s)toty the
following:
• Irrigation point(s) of connection and design capacity
• Water service pressure nt irrigation POCs;
• Water- meter size;
• Reduced-pressure-principle bachflotw-Prevention
devices for each irrigation POC on potable water
systems;
• Major components of the irrigation system, includ-
ing all pumps, filters, valves, and pipe sizes and
lengths.
• Precipitation rate expressed in inches per hour for
each valve circuit. The prepares must attach to the
Project Data Sheet the calatlntions for deriving
precipitation rates for- each irrigation vah~e cir-atit
• Total flow r-nte (flow velocity not to exceed S feet
per second) in gallons per- minute (gpm) and oper-
ating Pressure (psi) for each individual overhead
and bubbler cirntit, and gallons per hour (gph)
and operating pressure for lots flow point irriga-
tion. cirntit;
• Irrigation legend will have the following elements:
Separate symbols for all in-igntion equipment with
different spray pattents and precipitation rates and
pressure compensating devices; general description
of equipment; rnanufacturer-'s Warne and model
runnber for n11 specified equipntertt; recomrncnded
operating pressure per nozzle and bubbler and low-
jloty emitter; manufacturer's reconnnended over-
head and bubbler irrigation nozzle rating in gal-
lons per minute (gpnr), or gallons per hour- (gph)
for low flow point applicators; mininnnn (no less
than %S% of ntnxirnum spray sadists) and maxi-
mwn spray radins per- nozzle; and mmntfncturer's
rated precipitation rate per- nozzle nt specified psi;
• Recycled-tenter piping and guidelines as required;
Reclaimed or non-potable water should be used for
irrigation if mt acceptable source is determined to
be available by the (City/County) Engineer:
• Identify location of rain slntt-off devices or soil
moisture sensors.
• The irrigation system must take any existing slopes
over 10% into account.
If a grading plan is desired, it shall indicate all finish
grades, spot elevations ns necessary, drainage, and
existing and nevv contouxs within the developed land-
scape area.]
R. S~rils
Soils vary from site to site and even within a
given site. Soil analysis information is needed
for proper selection of plants and, if needed, soil
amendments- A soil analysis based on random
sampling is required and shall be performed by
a reputable soil testing lab or University of
Florida/IFAS Cooperative Extension facility.
[Guidcrnce: If a landscape design is required, a soil
nrrnlysis satisfying the following conditions shall be
submitted:
• Detenninntion of soil textw~e, indicating the per-
centage of organic matter:
• Mensurernent of pH, mrd total soluble salts.
• Estimated soil infiltration r~ate.J
2. Existing horticulturally suitable topsoil shall be
stockpiled and re-spread during final site grading.
3. Any new soil required shall be similar to the
existing soil in pH, texture, permeability, and
other characteristics, unless convincing evidence
is provided that a different type of soil amend-
ment approach is justified.
Deparhnent of Environmental Protection and the University of Florida -JANUARY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
4. The use of solid waste compost as a soil amend-
ment is encouraged where it is appropriate.
C.. Standards for land clearing .rncl pre~cr~atiun caf
71aUve ~'egE tail071
1. This section shall apply to all development per-
mitted upon approval of this regulation. Parcels
or lots independent of larger developments that
are less than X acres (to be determined by local
govt.) in size shall not be subject to these set-
aside requirements. Individual single-family lots
are exempt from this requirement; however, sin-
gle family and planned unit developments are
not exempt. Tree preservation ordinances and all
other landscape requirements shall remain appli-
cable to all development as described in the tree
preservation and landscape ordinances.
This ordinance mandates a total of X% percent
of a site planned for development be set aside
for preservation. When clearing, X% (to be
determined by local govt.) of the native vegeta-
tion on the site shall be preserved. If vegetation
is not present on site, established open space
zoning and landscape ordinance criteria shall be
followed.
3. Vegetation that is set aside for preservation shall
be protected from all on-site construction.
Protective barriers shall be installed along the
perimeter of all preserve areas. Protective barri-
ers shall be constructed at such intervals to pre-
vent machinery from passing between them. No
equipment or materials shall be permitted to be
stored within the set-aside areas, and dumping
of excess soil, liquids, or any other construction
debris within the preservation areas is prohibit-
ed. Removal or re-grading of soils within preser-
vation areas is prohibited. Any damaged vegeta-
tion within the set-aside areas shall be replaced
with vegetation equivalent to the vegetation
destroyed before any certificates of occupancy or
other approvals may be issued
Areas that are considered to be of high ecological
importance should be given highest priority for
protection. These areas include, but are not lim-
ited to, areas that have occurrences of federal
and state listed species of flora and fauna, areas
of high biological diversity, and areas that are in
aquifer recharge zones.
6. Utilities, stormwater easements and right-of-
ways are exempt from provisions 1-5 above, but
should avoid preserved areas. Although not
specifically required, creative alternatives to
common practice in these areas may be eligible
for incentives.
High-quality areas placed in preservation shall
be retained in entirety, in their current or
unproved natural state, and protected into per-
petuity regardless of ownership. This require-
ment may be negotiated to create contiguous
preservation among plant communities. The
developer shall prove to the reviewer, through
exhibits provided during the site approval
process, that the highest ecologically valued
land is being retained first in order to satisfy the
set-aside requirement. If the preservation of the
highest ecologically valued land produces undue
burden on the development of the property, it is
also the developer's responsibility to prove such
hardship and provide an acceptable alternative
for approval.
8. Areas set aside for preservation should be con-
tiguous parcels of land that are inter-connected
and considered viable habitat for wildlife to the
extent practical. Small fragmented areas of
preservation should be avoided when possible.
9. Rights-of-way and areas determined to be future
rights-of-way in the comprehensive plan, and
utility or drainage easements shall not be
allowed as designated set-aside areas.
D. Appropriate Plant Selection, Locaiiou, and
Arrangement
1. Plant selection should be based on the plant's
adaptability to the existing conditions present at
the landscaped area and native plant communi-
ties, particularly considering appropriate hardi-
ness zone, soil type and moisture conditions,
light, mature plant size, desired effect, color and
texture. Plant species that are drought and
freeze tolerant are preferred. For purposes of
determining prohibited and controlled plant
species refer to the Department of Agriculture
and Consumer Services rule, Chapter 5B-57
Florida Administrative Code. Plants named in
this rule may not be used except as allowed in
Chapter 5B-57.
5. If snore than one native terrestrial plant commu-
nity is present on the site, areas representing all
existing plant communities shall be preserved
onsite unless preserving more of one particular
community is more ecologically beneficial.
2. Plants shall be grouped in accordance with their
respective water and maintenance needs. Plants
with similar water and cultural (soil, climate,
sun, and light) requirements shall be grouped
together. The water use zones (hydrozones)
FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
shall be shown on the irrigation, layout, and
planting plans (where required). Where natural
conditions are such that irrigation is not required,
the presence of site appropriate plants shall not
be considered a high water use hydrozone.
The combined size of all high water use hydro-
zones shall be limited to X% (to be determined
by local govt.) of the total landscaped area. In
landscapes irrigated with recycled water, the
allowable size of all high water-use zones shall
be increased to not more than X% (To be deter-
mined by local government.) of the total land-
scaped area. These high water-use limits do not
apply to landscaped areas requiring large
amounts of turf for their primary functions, e.g.,
ballfields and playgrounds.
L. TurF :Lrrts
standards for Landscape Irrigation and Florida-
Friendly Landscape design. These standards were
adopted in December 2006. Local governments trust
use these stnndarzls when adopting Local ordinances
ctftcr that date. The irrigation standards are based on
Appendix F of the Florida Building code.J
1. All irrigation installations after the effective
date of this ordinance shall meet the irrigation
standards identified per 373.228 F.S. These
include:
a. Irrigation systems shall be designed to meet
the needs of the plants in the landscape
(not the other way around).
b. When feasible, irrigation systems shall be
designed to separately serve turf and non-
turf areas.
The type and location of turf areas shall be
selected in the same manner as with all the other
plantings. Irrigated turf areas, as opposed to non-
irrigated turf areas, are considered to be a high
water use hydrozone. Irrigated turf shall not be
treated as a fill-in material but rather as a
planned element of the landscape. Turf shall be
placed so that it can be irrigated using separate
zones. While turf areas provide many practical
benefits in a landscape, how and where it is used
can result in a significant reduction in water use.
2. Irrigated turfgrass areas shall be consolidated and
limited to those areas on the site that receive
pedestrian traffic, provide for recreation use, pro-
vide cover for septic tank drainfielcls and
required drainfield reserve areas, or provide soil
erosion control such as on slopes or in swales;
and where turfgrass is used as a design unifier, or
other similar practical use. As a matter of public
safety; no turfgrass that requires mowing shall be
allowed on slopes greater than 4:1 or within 6
feet of the waters edge, except where adjacent to
seawalls and bulkheads or needed to control ero-
sion. Turf areas shall be identified on the land-
scape plan (where plan is required).
3. One of the most common reasons for turf fail-
ure is over-irrigation. Irrigation systems shall
be designed and operated in accordance with
section F.
G T:Ificicnt Irrigation
jGuidance: In 200, tare Florida legislnttn-e created sec-
tion 373.228 Florida Statutes directing the Department
of Environmental Protection, the Water Management
Districts, artd several staheholder groups to devise
c. The irrigation system plans and specifica-
tions shall identify the materials to be used
and the construction methods.
d. The design shall consider soil, slope, and
other site characteristics in order to mini-
mize water waste, including overspray, the
watering of impervious surfaces and other
non-vegetated areas, and off-site runoff.
e. The system shall be designed to minimize
free flow conditions in case of damage or
other mechanical failure.
f. The system shall be designed to use the
lowest quality water feasible.
g. Rain switches or other approved devices,
such as soil moisture sensors, to prevent
unnecessary irrigation, shall be incorporated.
(Section 373.62, F.S.)
h. A recommended seasonal operating sched-
ule and average precipitation rates for each
irrigation zone for both establishment and
maintenance conditions shall be provided.
i. Control systems shall provide the following
minimum capabilities:
i. Ability to be programmed in minutes,
by day of week, season and time of day,
ii. Ability to accommodate multiple start
times and programs,
iii. Automatic shut off after adequate rain-
fall,
Deparhnent of Environmental Protection and the University of Florida -JANUARY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
iv Ability to maintain time during power
outages for a minimum of three days,
and
[Guidance: Other inrigation constr-uctiora or-
design not addressed in the stnndcrds should
be per the BMPs].
v Operational flexibility to meet applica-
ble year-round water conservation
requirements and temporary water
shortage restrictions.
j. Recommended maintenance activities and
schedules shall be included.
k. Precipitation rates for sprinklers and all
other emitters in the same zone shall be
matched, except that microirrigation
emitters may be specified to meet the
requirements of individual plants.
1. Irrigation systems shall be designed to maxi-
mize uniformity, considering factors such as:
i. Emitter types.
ii. Head spacing.
iii. Sprinkler pattern.
iv Water pressure at the emitter.
m. Irrigation systems with main lines larger
than two inches or designed to supply more
than seventy gallons per minute shall incor-
porate ameans to measure irrigation water
use, at a minimum of ninety-five percent
accuracy across the flow range.
n. Irrigation system plans and specifications
shall require the system installer to conduct
final testing and adjustments to achieve
design specifications prior to completion of
the system and acceptance by the owner or
owner's representative.
Irrigation system plans and specifications
shall require that the installer provide prop-
erty owners and users with the following
post-construction documentation, including
as-constructed drawings, recommended
maintenance activities and schedules, oper-
ational schedule, design precipitation rates,
instructions on adjusting the system to
apply less water after the landscape is estab-
lished, maintenance schedule, water source,
water shut-off method, and the manufactur-
er's operational guide for their irrigation
controller. To the extent feasible, similar
information should be made available for
subsequent property transfers.
2. To assist the end user to operate the system prop-
erly, in addition to the minimum requirements of
373.228 F.S., the following shall be provided to
the owner at the time of installation. The map
shall be attached inside each irrigation controller
or be kept in another readily available location if
it is not practical to insert it in a small controller.
a. Irrigation scheduling information, with
instructions for seasonal timer and sensor
changes,
b. An irrigation valve site map detailing
i. valve locations,
ii. gallons per minute demands,
iii. precipitation rates,
iv plant types within valve circuits, and
v operating pressure requirements for
each valve
3. The irrigation system shall be designed to corre-
late to the organization of plants into zones as
described in (C) above. The water use zones
shall be shown on the Irrigation Plan (where
plan is required). All plants (including turf)
require watering during establishment.
Temporary facilities may be installed to facilitate
establishment. Irrigation must be conducted in
accordance with WMD restrictions.
4. Rain shut-off switch equipment shall be required
on automatic irrigation systems to avoid irriga-
tion during periods of sufficient soil moisture, in
accordance with Florida Law (373.62 F.S.). Said
equipment shall consist of an automatic mechani-
cal or electronic sensing device or switch that will
override the irrigation cycle of the sprinkler sys-
tem when adequate rainfall has occurred.
(Guidance: As of 2008, Water Management
Districts, or others, tnny require conventional rain
sensor switches even ort soil moisture sensing sys-
tems, nlthotifgh this may change in the future as the
long-tern reliayility of sr~di systems is better- doar-
rnented.]
5. The installation of tracer wire along main lines
and laterals is strongly encouraged to permit
easy location and prevent inadvertent cutting of
pipes.
FLORIDA FRIEtiDLY LAtJDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
6. If the water supply for the irrigation system is
from a well, a constant pressure flow control
device or pressure tank with adequate capacity
shall be required to minimize pump "cycling".
7. Check valves must be installed at irrigation
heads as needed to prevent low head drainage
and puddling.
8. Nozzle precipitation rates for all heads within
each valve circuit must be matched to within
20% of one another.
9. No water spray from irrigation systems shall be
applied under roof overhangs.
10. Irrigated areas shall not be less than 4 feet wide,
except when next to contiguous property or
using micro or drip irrigation.
11. Apressure-regulating valve shall be installed and
maintained if static service pressure exceeds 80
pounds per square inch. The pressure-regulating
valve shall be located between the meter and the
first point of water use, or first point of division
in the pipe, and set at not more than 50 pounds
per square inch when measured at the most ele-
vated fixture in the structure served. This
requirement may be waived if satisfactory evi-
dence is provided that high pressure is necessary
in the design and that no water will be wasted as
a result of high-pressure operation. [Guiclarrce:
The purpose of this requirement is twofold, to protect
against system failure during pressure surges, and to
avoid wasted water due to operation of the system
significantly above commonly used design vela;
G. Yard ~~'i"rite ;vlana~:,cment, C~~u~pt,~tin,~ and I~~r
of ~1tt1che5
Yard wastes shall not be disposed of or stored by
shorelines, in ditches or swales, or near stone
drains. [Guidmue: Inrd t-vnstes release nutrients
as they decompose rahich may pollute the receiving
venter: hnproper disposal of yard vnstes can also
contribute to flooding by causing storrmvater runoff
to backup in drainage systems. In addition, improp-
er disposal may lead to spreading of invasive plants
to ecru areas.]
2. Shredded yard clippings and leaves should be
used for mulch or be composted for use as fertil-
izer. However, diseased material should not be
mulched and should be properly disposed of to
avoid spreading disease.
materials are excellent soil amendments and
conditioners. Other recycled solid waste prod-
ucts are also available and should be used when
appropriate. [Guidance: Most Florida connnuni-
ties have these programs at dreir landfill.
Incentives may be n-eated to encourage their use,
such as n tonnage credit fur dumping based on use
of composted material.]
4. Grass clippings are a benefit to lawns, replacing
nutrients drawn from the soil and as mulch that
helps retain moisture, lessening the need to irri-
gate. Grass clippings should be left on your lawn.
Mulching mowers are recommended, because the
grass clippings are chopped very finely by special
blade and shroud configurations. If a convention-
al mower equipped with a side discharge chute
is used, the following practices should be
employed. When mowing near the shoreline,
direct the chute away from the water body. When
mowing upland areas, direct the chute back onto
the yard, not onto the road or driveway.
S. Mulches applied and maintained at appropriate
depths in planting beds assist soils in retaining
moisture, reducing weed growth, and preventing
erosion. Mulch can also be used in places where
conditions aren't adequate for or conducive to
growing quality turf or ground covers. Mulches
are typically wood bark chips, wood grindings,
pine straws, nut shells, small gravel, and shred-
ded landscape clippings.
A layer of organic mulch 3" deep shall be speci-
fied on the landscape plans in plant beds and
around individual trees in turfgrass areas. Use of
byproduct or recycled mulch is recommended.
Mulch is not required in annual beds. Mulch
rings should extend to at least 3 feet around
freestanding trees and shrubs. All mulch should
be renewed periodically. Mulches should be kept
at least 6 inches away from any portion of a
building or structure, or the trunks of trees.
Plastic sheeting and other impervious materials
shall not be used under mulched areas.
11. Fertilizer Management
[Guidmlce: RULE SE-1.003(2)(d), F.A.C. contains
the following provisions for golf courses, parhs and
athletic fields. As such, no additional specific
requirements ere included for these types of urbnrr
turf. The appropriate Best Mmragement Practices
listed below must be followed on such sites for
nutrient mmragement activities:
3. Composting of yard wastes provides many bene-
fits and is strongly encouraged. The resulting
(d) Fertilizers labeled for- sports truf at golf
cotn-ses, parhs and athletic fields shall:
Department of Environmental Protection and the University of Florida -JANUARY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
Have directions jor use not to exceed rates rec-
ommended in the document titled SL191
"Recommendations for N, P K and Ivlg for Golf
Course and Athletic Field Fertilization Based on
t4lehlich I Exh-actmrt", dated March 2007,
which is hereby adopted and incorporated by
refererue into this nrle. Copies may be obtained
from the Soil and Water Science Department,
Florida Cooperative Extension Service, Institute
of Food and Agrincltural Sciences, University
of Florida, Gainesville, FL 32611 or [he follow-
ing website: http://edis.ifas.ufl.edu/SS404.
Have directions for use in accordance with the
recommendntiorrs in "BMPs Jor the Enhnnce-
ment of Environmental ~unlity on Florida Golf
Courses", published by the Florida Department
of Enviromnental Protection, dntedJanuary
2007. Copies may be dot-unloaded from
http://wwwdep.stnte,f l.us/wnterhronpoint/
nubs.lrtrn
Note that this does not exempt applicators at
these sites from the required basic Green
Industry BIVIP training. If other provisions of
the ordinance are not nppr~priate for these
sites, such exceptions should be noted.]
1. Fertilizer content and application rates
a. Fertilizers Applied to Turf and/or Landscape
Plants within (MUNICIPALITY /COUNTY)
shall be formulated and applied in accor-
dance with requirements and directions pro-
vided by Rule SE-1.003(2), Florida
Administrative Code, Labeling Requirements
For Urban Turf Fertilizers.
b. Nitrogen or phosphorus Fertilizer shall not
be applied to turf or landscape plants except
as provided in (a) above unless a soil or tis-
sue deficiency has been verified by an
approved test. [Guidance: Soil and tissue
tests for phosphorus are normally done by
OF/IFAS or another accredited laboratory.
FDEP has sponsored research (ca. 2007-2008)
to compare several retail ltonre test kits to
IFAS extension Inb results for n wide variety of
Florida soils. This may allow more convenient
testing by homeowners, although enforcement
may be more diffiarlt without written test
results.]
Application Period. (Guidance: One of the most
controversial issues associated with recent fertilizer
ordinances enacted by local gover-rrments is the
Prohibited Application Period. Some ordinances
have prohibited the application of fertilizer; even
slow release fornntlations, during the summer rainy
season, typically June 1 to September 30. The ren-
soning is that rain occru-s frequently, saturating the
soil, leading to more runoff. Fertilizer- management
is largely about beeping the nitrogen and/or phos-
phorus in the root zone w}rere it can be used by the
turf. While periods of heavy rairrfnll contribute to
washing fertilizer out of the root zone, the health of
the turf grass is nn equally important factor: Healthy
turf grass with healthy roots and leaves is important
to minimizing fertilizer moverneru. Because turf
grass requires nitrogen throughout its growing peri-
od, its health can be negatively affected if nitrogen is
deficient. Care should be taherr with regards to the
Prohibited Application Period until the science is
better defined. Accorzlingly, sound science, connnorr
sense, and cmefully reasoned judgment are recom-
mended in determining }tow to define the Prohibited
Application Period.]
3. Application practices
a. Spreader deflector shields are required when
Fertilizing via rotary spreaders. Deflectors
must be positioned such that Fertilizer gran-
ules are deflected away from all impervious
surfaces, fertilizer-free zones and water bod-
ies, including wetlands.
b. Fertilizer shall not be applied, spilled, or oth-
erwise deposited on any impervious surfaces.
c. Any Fertilizer 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 Turf or any other legal site,
or returned to the original or other appropri-
ate container.
e. In no case shall Fertilizer be washed, swept,
or blown off impervious surfaces into
stormwater drains, ditches, conveyances, or
water bodies.
2. Timing of fertilizer application
No Applicator shall apply Fertilizers containing
nitrogen and/or phosphorus to Turf and/or
Landscape Plants during the Prohibited
4. Fertilizer free zones
a. Fertilizer shall not be applied within ten
(10) feet, or three (3) feet if a deflector
FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
shield or drop spreader is used, of any
pond, stream, water course, lake, canal, or
wetland as defined by the Florida
Department of Em~ironmetrtal Protection
(Chapter 62-340, Florida Administrative
Code) or From the top of a seawall.
b. If more stringent (MUNICIPALITY / COUN-
TY) Code regulations apply, this provision
does not relieve the requirement to adhere
to the more stringent regulations.
2. Landscape maintenance for hire shall be
performed in accordance with recommen-
dations in the Florida-Friendly Best
Mmtagement Practices for Protection of
Water Resources by the Greets Industries.
3. Landscape maintenance by homeowners
should be performed in accordance with rec-
ommendations of the University of Florida
Cooperative Extension Service and Florida
Yards 6-r Neighborhoods publications.
c. Newly planted Turf and/or Landscape Plants
may be fertilized in this Zone only for the
first sixty (60) day establishment period,
but caution shall be used to prevent direct
deposition of nutrients into the water.
I. Pesticide \Qanagentent
All landscape applications of pesticides,
including Weed and Feed products, for hire
should be made in accordance with State
and Federal Law and with the most current
version of the Florida-friendly Best
Management Practices for Protection of
Water Resources by the Green Industries.
(Gttidartce: The use of "should" in the preced-
ing sentence is required, because "shall"
would aerate n violation of 487.051(2), Florida
Statutes. Regulation of Pesticides is Pre-empted
to the Florida Dept. of Agriadttu-e and
Consumer Services (FDACS) by state latv.)
2. Property owners and managers are encour-
aged to use an Integrated Pest Management
Strategy as currently recommended by the
University of Florida Cooperative Extension
Service publications.
3. When using pesticides, all label instructions
are state and federal law and must be adhered
to. The Florida Department of Agriculture
and Consumer Services is responsible for
enforcement of pesticide laws.
J. Landscape and In~igation Afaintcnance
(Guidance: Proper landscape and irrigation rnain-
tenn»ce will pr-eser-ve and enhance n quality land-
scape and help to ensure tenter-efficienc_y.]
1. In no case shall grass clippings, vegetative
material, and/or vegetative debris either
intentionally or accidentally, be washed,
swept, or blown off into stormwater drains,
ditches, conveyances, water bodies, wet-
lands, or sidewalks or roadways.
4. A regular irrigation maintenance schedule
shall include but not be limited to check-
ing, adjusting, and repairing irrigation
equipment; and resetting the automatic
controller according to the season.
S. To maintain the original performance and
design integrity of the irrigation system,
repair of the equipment shall be done with
the originally specified materials or their
equivalents.
K. S}urrclinr Considerations
(Guidmtee: Ideally, shorelines should remain com-
pletely nnttu-nl to most effectively use or absorb
nntrients. Unfortrrtately, minty waterfront property
owners have removed beneficial vegetation mtd
formed sandy beaches along their shorelines. This
loss of a rtatu-al buffer may contribute to shot):
loads of nntrients and other pollutants affecting the
tvnterbody and rnny lead to erosion. Florida Fis}t
and Wildlife Conservation Conmiission Rule
68F-20.002 (I) states "No person shall ntternpt to
control, eradicate, remove, or otherwise alter any
aquatic plants in maters of the state, including
those listed in s. 369.251, F.S., except ns provided
in n permit issued by the department unless the
waters in which aquatic plant management activi-
ties are to take place are expressly exempted in
Rule 68F-20.0035, F.A.C."
Shoreline vegetation can often be restored through
nquascaping. Advice regarding appropriate plants for
aquascnping and locating sources for these plants in
your urea Wray be obtained by contacting the
Department of Environmental Protection's Bureau of
Invasive Plnrtt Manngentent, the OF Cooperative
Extension Service in each county and/or the OF
Cerrtcr for Aquatics and Invasive Plants. A simple,
free of charge permit may be requited from DEP's
Bureau of Invasive Plattt Management for activities
involving aquatic plants along freshwater shorelines.
Florida Fish and Wildlife Conservation Commission
Rule 68F-52.003 (4) states "only Halve aquatic
Department of Environmental Protection and the University of Florida -JANUARY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
plmlts cultured in a nursery regulated by the relieve the requirement to adhere to the
Department oJAgrindture and Consumer Services more stringent regulations. No mowed or
oi- collected from nn approved lvild collection site cut vegetative material should be deposited
shall be used for- the re-vegetntiorr, restoration, or or left remaining in this zone or deposited
mitigation of wetlands in sovereignty Imtds. No pro- in the water. Care should be taken to pre-
hibited or- non-ttntive aquatic plant shall be placed vent the over-spray of aquatic weed prod-
in, or hnowingly be distributed for use in natural ucts in this zone. (Guidance: Care must be
waters, or tivaters connected to natural haters. [Wizen to ensure erosion of the strrfnce soil does
Non-native plants not on the prohibited plant list not occur. Excessive erosion may be a greater
may bE t{sEd l11 ni-t1JiClally n-eated ponds and water pollution hazntd than occasional proper appli-
garderts that are not connected to nnttn-nl waters." cations of fertilizer:]
Uegetntiort height should extend well above the 3. When mowing near the shoreline, direct the
water level. There is n direct correlation between chute away from the water body. Riparian
height mld a plant's ability to absorb ntrh-Tents. or littoral zone plants that do not require
Shoreline plants should not be fertilized or h-ented mowing or fertilization should be planted
Wlth 11E7"b1e1dCS, except in special cases. in these areas. See the Florida Waterfront
Property Owners Guide or the Florida Fish
Some developers, venter nlnnngernellt districts and and Wildlife Conservation Commission's
local govenuncrtts are designing and building Im~asive Plant Management Section for
S[017116Va[er lvet detE11t1011 S.yS[C111S t)lnt Closely more information. Where water levels vary
resemble nuturnf tvater-bodies. In some cases, considerably, care must be taken in the
developers are offering adjacent property as premi- selection of these plants.
ltrrl 1NafErfl"Orit real estate. While this is generally a
very good practice that promotes sophisticated 4. Decks along the waters edge and into the
designs, it may cause some problems if people are water shall meet all local and state govern-
not aware that the storlnlvater pond's purpose is to meat regulations and any other lawful
capture and accumulate pollutants. Consequently, requirements. The maximum distance any
it may appear contaminated iJ it is simply doing its structure may protrude into the water is X
job. This may prompt misdirected requests for feet (To be inserted by local government)
action to clean it up or Even protect it. It should from the normal high water mark on the
also be noted that stor"rnwater ponds that connect to bank. The maximum total width of a deck
waters of the state may be regulated ns wnters of structure along the shoreline of any lot is
the state. 20% of the waterfront footage of that lot.
The remainder of the shoreline should
Education is important so people understand that remain as natural as possible. Lot owners
the rules mtd Expectations for natural and man- located on ditches may add 20' to their
made waterbodiES arc different.] front footage for calculation purposes.
Special permits may be required. No struc-
1. Grading and design of property adjacent to tures are permitted that obstruct the flow of
bodies of water shall confot-m to Federal, water.
State and Local regulations which may
inclttcle bttt is not limited to the use of 5. Mangrove trimming shall be performed in
berms and/or swales to intercept surface accordance with Sections 403.9321 -
runoff of water alld debris that may contain 403.9334, Florida Statutes. The Florida
fertilizers or pesticides. Waterfront Property Owners Guide published
by the Florida Department of Environmental
2. A voluntary six (6) foot low maintenance Protection should be referred to for addition-
zone is recommended, but not mandated, al infonnation about Florida-friendly shore-
from any pond, stream, water course, lake, line practices.
wetland or from the top of a seawall. A
Swale/berm system is recommended for 10. EDUCATION
installation at the landward edge of this
low maintenance zone to capture and filter [Guidmue: To assist in public infonnntion, the edtrca-
runoff. If more stringent (MUNICIPALITY [ion of its citizens, mtd t)te effective inrplementntioll of
/COUNTY) Code regulations apply, this ordinance, the (City/Cotrrtty) should coordinate its
[Guidance: Such as 9A.2, above, for new efforts with those of the Water Management District and
developments.] this provision does not the ( County) Agricultural Extension Service and
FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
other agencies. These entities should jointly sponsor
worhshops on the design principles artd standards of
Florida-Friendly Landscapes. hformntionnl signs should
be displayed and brochures made available for public
use. Government facilities should serve as educational
examples and detnonstrntivn sues of building, landscape,
and/or design principles related to natural resource con-
servation including water, energy, and landscape ~
A. All persons providing landscape maintenance
services for hire (including appropriate City/
County Maintenance Operations staff, and insti-
tutional landscape workers) shall be trained in
the Florida-Friendly Best Management Practices
for Protection of Water Resources by the Green
Indttsh-ies
a. within one year of the effective date of this
ordinance if fertilizer is applied, or
b. within 2 years if the business is not involved
in the application oC fertilizer.
c. Any person that applies fertilizer for hire or
in the coarse of their employment shall hold
a current Certificate of Completion in the
Florida friendly Best Management Practices for
Protection of Water Resources by [he Greert
Industries.
d. At least one person holding a current
Certificate of Completion in the Florida-
friendly Best Management Practices for
Protection of Water Resources by the Green
Industries shall be present at all times on any
job site while work is in progress.
[Guidance: Due to literacy and language difficulties,
some employees may not be able to pass the test Eo
obtain the certificate of completion. However; this does
not relieve the business owner from the obligation to
train these employees in the BMPs, nt least in all mod-
ules that apply to their duties.}
B. New employees shall be trained within 180 days
of starting a new position.
11. INCENTIVES
[Guidance: Local governments have a full range of
options to offer incentives for development/landscape
designs to exceed the design principles and standnrzis set
forth and established by this ordinance. Local goverrt-
rrterus rrtny wish to consider any or all of the following
examples, and are free to consider other- alternatives.]
A. Any development that exceeds the water-effi-
cient design principles and standards established
by this ordinance shall receive a reduction in the
(City/County) permit application fee. [or-
storntwaterutility rate, etc.J
B. Individual home owners or residents who are
not required to but voluntarily submit a devel-
opment/landscape design which meets or
exceeds the Florida-friendly design principles
and standards established by this ordinance
shall receive [Guidmtce: Expedited permitting, a
reduction of their star-nttivater utility tivater charges;
a x% reduction in their building permit fee, proper-
ty tax reduction, or other incentive within the
purview of local government]. This reduction will
remain in effect provided that the landscaped
areas are consistently maintained in accordance
with Florida-Friendly Landscape principles and
the total monthly water consumption does not
exceed X gallons (To be inserted by local gov-
ernment).
C. Businesses that use the recommended
practices may be recognized as a Green
Business through the FDEP Green Business
Program and may use this in their advertising
and promotion.. (Comment: FDEP, in
cooperation with the University of Central
Florida Stotnwater Management Academy,
has established "Green Business" pilot
programs in Cocoa Beach and Orlando.
Additionally, Sarasota County, Lakeland,
and Jacksonville have established Green
Business Programs. For more information,
please visit: http://www.citvofcocoa
beach.com/greenbusiness.htm)
[Gttidmue: These incentives are meant only to be
examples. Local govennnertts should consider what
incentives are appropriate and meaningful to their cort-
stituents.]
12. ENFORCEMENT AND MONITORING
Implementation and enforcement of these regula-
tions shall consist of
-\. I iccn~,irr~,
(Guidance: Some care may need to be tal.en to
modify occupntionnl license orzlinances to maize
this section tvor)z, depending on grouping of license
classes. Known statet-vide providers of sue}t train-
ing are: the University of Florida Cooperative
Extension Service, The Florida Deparhnent of
Euvir-onrrtental Protection, and the F1or-ida Nursery,
Growers and Lmtdscape Association (FNGLA).
Some companies may provide such training in-
house and Borne industry suppliers or nssocintions
may offer training to their customers.]
Department of Environmental Protection and the University of Florida -JANUARY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
All Commercial Applicators of Fertilizer
within the unincorporated area of
(MUNICIPALITY/COUNTY), shall abide by
and successfully complete training and
continuing education requirements in min-
itnizing nitrogen leaching and phosphorus
runoff from fertilizer applications prior to
obtaining a (MUNICIPALITY/COUNTY)
Local Business Tax Certificate for any cate-
gory of occupation which may apply any
Fertilizer to Turf and/or Landscape Plants.
Commercial Fertilizer Applicators shall
provide proof of completion of an approved
training progratn to the (MUNICIPALITY/
COUNTY) Tax Collector's office within one
year of the effective date of this ordinance.
apply fertilizer must be trained but do not
require certification. Owners for any cate-
gory of occupation which may perform
design, installation, or maintenance servic-
es involving Turf and/or Landscape Plants
shall provide proof of certification and
training to the (Municipality/ County) Tax
Collector's Office. This provision does not
apply to the licensed professional practice
of Landscape Architecture, Architecture, or
Engineering.
[Guidance: Some landscape workers Wray be illiterate
or otherwise unable to achieve certification. Evidence
of attending the training, coupled with certified
supervision, is considered adeduate for nonsupervisory
personnel that do not handle fertilizers.]
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 an appropri-
ate certification (i.e., the Florida
Department of Environmental Protection's
Green Industries Best Management
Practices certification), prior to the busi-
ness 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 pro-
vide proof of certification to the
(Municipality/County) Tax Collector's
Office.
3. Non-commercial applicators not otherwise
required to be certified, such as private citi-
zens on their own residential property, are
encouraged to follow the recommendations
of the University of Florida IFAS Florida
Yards and Neighborhoods program when
applying fertilizers.
4. Within 2 years of the effective date of this
ordinance, all businesses performing
design, installation, or maintenance servic-
es involving Turf and/or Landscape Plants
(including but not limited to residential
lawns, golf courses, commercial properties,
and multi-family and condominium prop-
erties) must ensure that all supervisory
employees have an appropriate certification
(i.e., the Florida Department of
Environmental Protection's Green
Industries Best Management Practices certi-
fication), prior to the business owner
obtaining a Local Business Tax Certificate.
Non-supervisory employees that clo not
B. [nspcctions
The (City/County) Code Enforcement
Officer or designated inspectors shall be
authorized and empowered to make inspec-
tions at reasonable hours of all land uses or
activities regulated by this ordinance, in
order to determine if applicable provisions
of the Code of Ordinances and regulations
relating to Florida-friendly landscaping are
being followed.
2. Inspections may be made without notice,
and refusal to allow such an inspection
shall be deeinecl a violation of this ordi-
nance. Such failure to permit an inspection
shall be sufficient grounds and probable
cause for a court of competent jurisdiction
to issue an administrative warrant for the
purpose of inspecting, surveying or exam-
ining said premises.
In the event a building, structure, or land
appears to be vacant or abandoned, and the
property owner cannot be readily contacted
in order to obtain consent for an inspec-
tion, the Code Enforcement Officer or
inspector may enter into or upon any open
or unsecured portion of the premises in
order to conduct an inspection thereof.
4. The Code Enforcement Officer or inspector
shall be provided with official identification
and exhibit such identification when mak-
ing any inspection.
5. It shall be the duty of all law enforcement
officers to assist in making inspections
when such assistance is requested by the
Cocle Enforcement Officer or inspector.
FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS For Ordinances, Covenants, and Restrictions
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
C. Notice of V'iolaliun, Notice of Hearing and
hearing Procedure
Whenever the Code Enforcement Officer or
an inspector determines that there is a
violation of this ordinance, the officer or
inspector shall follow the procedures estab-
lished for bringing a case before the Code
Enforcement Board or any alternative code
enforcement body or shall seek injunctive
relief as provided below.
A notice to cease a land use activity or per-
mit issued under this ordinance shall not
relieve the owner or operator of the obliga-
tion to comply with any other applicable
state, regional or local code, regulation,
rule ordinance, or requirement. Nor shall
said notice or permit relieve any owner or
operator of any liability of violation of such
codes, regulations, rules, ordinances, or
requirements.
The citation shall be in the form of a written
official notice issued in person or by certified
snail to the owner of the property, or to his
agent, or to the person doing the work. The
receipt of a citation shall require that corrective
action be taken within thirty (30) calendar
days, unless otherwise extended at the
discretion of the (City/County). If the required
corrective action is not taken within the time
allowed, the (City/County) may use any
available civil or criminal remedies to secure
compliance, including revoking a permit.
B. The (City/County) shall have resource to such
civil and criminal remedies in law and equity
as may be necessary to ensure compliance with
the provisions of this section of this ordinance,
including injunctive relief to rejoin and restrain
any person from violating the provisions of this
section of this ordinance and to recover such
damages as may be incurred by the implementa-
tion of specific corrective actions.
D. Injuncli~•e Rrlicf
If any person engages in activities regulated by
this ordinance without having obtained an
approved permit as provided within this ordi-
nance or continues in violation of the provi-
sions of this ordinance or the regulations prom-
ulgated pursuant thereto, then the
(City/County) may file an action for injunctive
relief in a court of competent jurisdiction.
13. FEES
Permit Fees
Prior to the issuance of a permit, the applicant shall
pay a fee as set forth by the Resolution No. ,
20_. Such fee shall be used to defray the cost of
monitoring the compliance of this ordinance.
(Guidnttce: or Wray be included in building permit Jee]
14. VARIANCES
As provided in Chapter _ of these Land
Developtnent Regulations, the Board of Adjustment
is hereby authorized to grant variances in accor-
dance with stated provisions and can attach condi-
tions to variances granted.
15. VIOLATIONS AND PENALTIES
A. For any violation which does not constitute a
threat to life or property; the (City/County)
shall have the authority to issue a citation
and/or to withhold a certificate of occupancy
C. A conviction for violation of the provisions of
this section shall be punishable by a fine or
imprisonment, or both such fine and imprison-
ment as provided in Section 125.69, Florida
Statues.
16. CONFLICTS AND RELATIONSHIP TO
OTHER LAWS
Whenever regulations or restrictions imposed by
this ordinance conflict with other ordinances or reg-
ulations, or are either more or less restrictive than
regulations or restrictions imposed by any govern-
tnental authority through legislation, rule or regula-
tion, the regulations, rules or restrictions which are
more restrictive or which impose the highest stan-
dards or requirements shall govern. Regardless of
any other provision of this ordinance, no land shall
be used and no structure erected or maintained in
violation of any state or federal pollution control or
environmental protection law or regulation.
17. SEVL-RABILITY
This ordinance and the various parts, sections,
subsections and clauses thereof, are hereby
declared to be severable. If any part, sentence,
paragraph, subsection, section or clause is
adjudged unconstitutional or invalid, it is hereby
provided that the remainder of the ordinance shall
not be affected thereby. If any part, sentence,
paragraph, subsection, section or clause be
adjudged unconstitutional or invalid as applied to
a particular property, building, or other structure,
it is hereby provided that the application of such
Department of Environmental Protection anti the University of Florida -JANUARY 2009
AGENDA ITEM # 8B
SEPTEMBER 28, 2009
portion of the ordinance to other property, build-
ings, or structures shall not be affected thereby.
18. INCLUSION IN CODE CODIFICATION
SCRIVENERS ERRORS
20. EFFECTIVE DrLTE
This ordinance shall take effect
The provisions of this ordinance shall become and
be made a part of or replace the existing landscape
regulations of the (City/County of ).
Sections of the ordinance may be renumbered or
relettered and the word "ordinance" may be changed
to "section", "chapter", "article", or such other
appropriate word or phrase in order to accomplish
such intentions. Sections of this ordinance may
require the correction of typographical errors which
do not affect the intent. Such corrections may be
authorized without need of a Public Hearing, by fil-
ing acorrected or recodified copy of same with the
clerk of the (City/County of ).
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
20_
(Date)
(Date)
(Signature) (Name)
Mayor-Commissioner or Chairman
19. REPEAL
The existing regulations of the (City/County of
), being Chapter of the City/County
Code as amended, are hereby repealed. The adoption
of this ordinance; however, shall not affect nor pre-
vent any pending or future prosecution of, or action
to abate, any existing violation of said Chapter , as
amended, if the violation is also a violation of the
provisions of this ordinance.
Attest: (Signature) (Name)
City Clerk or Clerk of Circuit Court
Approved as to form and correctness:
(Guidance: Repeal is only necessary if existing ordi-
nances conflict with the nets ordinances.]
(Signature) (Name)
City or County Attorney
FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions