Ordinance No. 90-13-220vORDINANCE NO. 90-13-220
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, LAND
DEVELOPMENT REGULATIONS, ARTICLE III, ZONING
REGULATIONS, BY ADDING A NEW DIVISION 10, FLORIDA -
FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has determined
that is necessary to add a new Division 10 to Chapter 24 of the Atlantic Beach Code of
Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new Division 10 to Article III of Chapter 24, which division shall read as
follows"
"Division 10. Florida -Friendly Use of Fertilizer on Urban Landscapes.
(a) Findings. As a result of impairment to the City of Atlantic
Beach's surface waters caused by excessive nutrients, or, as a result of increasing
levels of nitrogen in the surface water within the boundaries of the City of
Atlantic Beach, the governing body of the City of Atlantic Beach has determined
that the use of fertilizers on lands within the City of Atlantic Beach creates a risk
to contributing to adverse effects on surface and/or ground water. Accordingly,
the City Commission of the City of Atlantic Beach finds that management
measures contained in the most recent edition of the "Florida friendly Best
Management Practices for Protection of Water Resources by the Green
Industries, 2008, " may be required by this ordinance.
(b) Purpose and Intent. This Ordinance regulates the proper use of
fertilizers by any applicator; requires proper training of Commercial and
Institutional Fertilizer Applicators; establishes training and licensing
requirements; establishes a Prohibited Application Period; specifies allowable
fertilizer application rates and methods, fertilizer -free zones, low maintenance
zones, and exemptions. The Ordinance requires the use of Best Management
Practices which provide specific management guidelines to minimize negative
secondary and cumulative environmental effects associated with the misuse of
fertilizers. These secondary and cumulative effects have been observed in and on
the City of Atlantic Beach's natural and constructed stormwater conveyances,
rivers, creeks, ponds, and other water bodies. Collectively, these water bodies are
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an asset critical to the environmental, recreational, cultural and economic well-
being of the City of Atlantic Beach residents and the health of the public.
Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation
provided by natural and constructed stormwater conveyances. Regulation of
nutrients, including both phosphorus and nitrogen contained in fertilizer, will help
improve and maintain water and habitat quality.
(c) Definitions. For this Article, the following terms shall have the
meanings set forth in this section unless the context clearly indicates otherwise.
"Administrator" means the City of Atlantic Beach City Manager, or an
administrative official of the City of Atlantic Beach government designated by the
City Manager to administer and enforce the provisions of this Article.
"Application" or "Apply" means the actual physical deposit of fertilizer
to turf or landscape plants, whether solid or liquid product is used.
"Applicator" means any Person who applies fertilizer on turf and/or
landscape plants in the City of Atlantic Beach.
"Board or Governing Board" means the City Commission of the City of
Atlantic Beach, Florida.
"Best Management Practices" means turf and landscape practices or
combination of practices based on research, field-testing, and expert review,
determined to be the most effective and practicable on -location means, including
economic and technological considerations, for improving water quality,
conserving water supplies and protecting natural resources.
"Code Enforcement Officer, Official, or Inspector" means any designated
employee or agent of the City of Atlantic Beach whose duty it is to enforce codes
and ordinances enacted by the City of Atlantic Beach.
"Commercial Fertilizer Applicator", except as provided in 482.1562(9)
F.S., means any person who applies fertilizer for payment or other consideration
to property not owned by the person or firm applying the fertilizer or the
employer of the applicator.
"Fertilize," "Fertilizing," or "Fertilization" means the act of applying
fertilizer to turf, specialized turf, or landscape plants.
"Fertilizer" means any substance or mixture of substances that contains
one or more recognized plant nutrients and promotes plant growth, or controls soil
acidity or alkalinity, or provides other soil enrichment, or provides other
corrective measures to the soil.
"Guaranteed Analysis" means the percentage of plant nutrients or
measures of neutralizing capability claimed to be present in a fertilizer.
"Institutional Applicator" means any person, other than a private, non-
commercial or a Commercial Applicator (unless such definitions also apply under
the circumstances), that applies fertilizer for the purpose of maintaining turf
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and/or landscape plants. Institutional Applicators shall include, but shall not be
limited to, owners, managers or employees of public lands, schools, parks,
religious institutions, utilities, industrial or business sites and any residential
properties maintained in condominium and/or common ownership.
"Landscape Plant" means any native or exotic tree, shrub, or groundcover
(excluding turf).
"Low Maintenance Zone" means an area a minimum of ten (10) feet wide
adjacent to water courses which is planted and managed in order to minimize the
need for fertilization, watering, mowing, etc.
"Person" means any natural person, business, corporation, limited liability
company, partnership, limited partnership, association, club, organization, and/or
any group of people acting as an organized entity.
"Prohibited Application Period" means the time period during which a
Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane
Watch or Warning is in effect for any portion of Atlantic Beach, issued by the
National Weather Service, or if heavy rainfall is likely.
(World Meteorological Organization definition of heavy rain: Rainfall greater
than or equal to 2 inches in a 24 hour period. http://severe.worldweather.org/rain/,
and forecast keyword "likely").
"The City of Atlantic Beach Approved Best Management Practices
Training Program" means a training program approved per 403.9338 F.S., or any
more stringent requirements set forth in this Article that includes the most current
version of the Florida Department of Environmental Protection's "Florida -
friendly Best Management Practices for Protection of Water Resources by the
Green Industries, 2008," as revised, and approved by the City of Atlantic Beach
Public Works Director.
"Saturated soil" means a soil in which the voids are filled with water.
Saturation does not require flow. For the purposes of this ordinance, soils shall be
considered saturated if standing water is present or the pressure of a person
standing on the soil causes the release of free water.
"Slow Release," "Controlled Release," "Timed Release," "Slowly
Available," or "Water Insoluble Nitrogen" means nitrogen in a form which delays
its availability for plant uptake and use after application, or which extends its
availability to the plant longer than a reference rapid or quick release product.
"Turf," "Sod," or "Lawn" means a piece of grass -covered soil held
together by the roots of the grass.
"Urban landscape" means pervious areas on residential, commercial,
industrial, institutional, highway rights-of-way, or other nonagricultural lands that
are planted with turf or horticultural plants.
(d) Applicability. This Ordinance shall be applicable to and shall
regulate any and all applicators of fertilizer and areas of application of fertilizer
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within the area of the City of Atlantic Beach, unless such applicator is specifically
exempted by the terms of this Ordinance from the regulatory provisions of this
Ordinance. This ordinance does not restrict any homeowner or residents from
applying fertilizers on their landscape as they deem necessary, but they are
strongly recommended to follow the guidelines included herein. This Ordinance
shall be prospective only, and shall not impair any existing contracts.
(e) Timing of Fertilizer Application. No applicator shall apply
fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants
during the Prohibited Application Period, or to saturated soils.
(f) Fertilizer Free Zones. Fertilizer shall not be applied within ten
(10) feet of any pond, stream, watercourse, pond, lake, canal, or wetland as
defined by the Florida Department of Environmental Protection (Chapter 62-340,
Florida Administrative Code) or from the top of a seawall, unless a deflector
shield, drop spreader, or liquid applicator with a visible and sharply defined edge,
is used, in which case a minimum of 3 feet shall be maintained. If more stringent
City of Atlantic Beach Code regulations apply, this provision does not relieve the
requirement to adhere to the more stringent regulations. Newly planted turf
and/or landscape plants may be fertilized in this Zone only for a sixty (60) day
period beginning 30 days after planting if need to allow the plants to become well
established. Caution shall be used to prevent direct deposition of nutrients into the
water.
(g) Low Maintenance Zones. A voluntary ten (10) foot low
maintenance zone is strongly recommended, but not mandated, from any pond,
stream, water course, lake, wetland or from the top of a seawall. A swale/berm
system is recommended for installation at the landward edge of this low
maintenance zone to capture and filter runoff. If more stringent City of Atlantic
Beach Code regulations apply, this provision does not relieve the requirement to
adhere to the more stringent regulations. No mowed or cut vegetative material
may be deposited or left remaining in this zone or deposited in the water. Care
should be taken to prevent the over -spray of aquatic weed products in this zone.
(h) Fertilizer Content and Application Rates.
(1) Fertilizers applied to turf within the City of Atlantic Beach
shall be formulated and applied in accordance with requirements and directions
provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling
Requirements for Urban Turf Fertilizers.
(2) Fertilizer containing nitrogen or phosphorus shall not be
applied before seeding or sodding a site, and shall not be applied for the first 30
days after seeding or sodding, except when hydro -seeding for temporary or
permanent erosion control in an emergency situation (wildfire, etc.), or in
accordance with the Stormwater Pollution Prevention Plan for that site.
(3) Nitrogen or phosphorus fertilizer shall not be applied to turf or
landscape plants except as provided in (1) above for turf, or in UF/IFAS
recommendations for landscape plants, vegetable gardens, and fruit trees and
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(2) Private, non-commercial applicators are encouraged to
follow the recommendations of the University of Florida IFAS Florida Yards and
Neighborhoods program when applying fertilizers.
(m)
Licensing of Commercial Applicators.
(1) Prior to 1 January 2014, all commercial applicators of
fertilizer within the City limits of Atlantic Beach, shall abide by and successfully
complete training and continuing education requirements in the "Florida friendly
Best Management Practices for Protection of Water Resources by the Green
Industries", offered by the Florida Department of Environmental Protection
through the University of Florida IFAS "Florida -friendly Landscapes" program,
or an approved equivalent program, prior to obtaining a the City of Atlantic Beach
Local Business Tax Certificate for any category of occupation which may apply
any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators
shall provide proof of completion of the program to the City of Atlantic Beach
City Clerk's office within 180 days of the effective date of this ordinance.
(2) After 31 December, 2013, all commercial applicators of
fertilizer within the incorporated area of the City of Atlantic Beach, shall have and
carry in their possession at all times when applying fertilizer, evidence of
certification by the Florida Department of Agriculture and Consumer Services as
a Commercial Fertilizer Applicator per 5E-14.117(18) F.A.C.
(3) All businesses applying fertilizer to turf and/or landscape
plants (including but not limited to residential lawns, golf courses, commercial
properties, and multi -family and condominium properties) must ensure that at
least one employee has a "Florida -friendly Best Management Practices for
Protection of Water Resources by the Green Industries" training certificate prior
to the business owner obtaining a Local Business Tax Certificate. Owners for any
category of occupation which may apply any fertilizer to Turf and/or Landscape
Plants shall provide proof of completion of the program to the City of Atlantic
Beach Public Works Director.
(n) Enforcement. The Police Department, the Public Works
Department, and the Code Enforcement Officer, shall enforce this chapter. All
parties are authorized to sign complaints for violation of this chapter.
(1) Violations and penalties. The violation of any provision of
this chapter may be punished by a fine as indicated below. Said fine will be
imposed on the contractor employing the applicator or lawn maintenance worker
found to be in violation. Fines will be cumulative on the contractor regardless of
whether different operators are cited.
(2) Schedule of fines. The following schedule of fines may be
assessed in cases of violations of Fertilizer Application or Management of Grass
Clippings and Vegetative Matter requirements occurring within the city:
First offense within any 2 month period
Second offense within any 2 month period
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$ 100.00
$ 250.00
shrubs, unless a soil or tissue deficiency has been verified by an approved test.
(i)
Application Practices.
(1) Spreader deflector shields are required when fertilizing via
rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer
granules are deflected away from all streets, driveways and other impervious
surfaces, fertilizer -free zones and water bodies, including wetlands.
(2) Fertilizer shall not be applied, spilled, or otherwise
deposited on any impervious surfaces.
(3) 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.
(4) Fertilizer released on an impervious surface must be
immediately contained and either legally applied to turf or any other legal site, or
returned to the original or other appropriate container.
(5) In no case shall fertilizer be washed, swept, or blown off
impervious surfaces into stormwater drains, ditches, conveyances, or water
bodies.
a) Management of Grass Clippings and Vegetative Matter. In no
case shall grass clippings, vegetative material, and/or vegetative debris be
washed, swept, or blown off into stormwater drains, ditches, conveyances,
water bodies, wetlands, or sidewalks or roadways. Any material that is
accidentally so deposited shall be immediately removed to the maximum
extent practicable.
(k) Exemptions. The provisions set forth above in this Ordinance shall
not apply to:
(1) bona fide farm operations as defined in the Florida Right to
Farm Act, Section 823.14 Florida Statutes;
(2) other properties not subject to or covered under the Florida
Right to Farm Act that have pastures used for grazing livestock; and
(3) any lands used for bona fide scientific research, including,
but not limited to, research on the effects of fertilizer use on urban stormwater,
water quality, agronomics, or horticulture.
(1) Training.
(1) All commercial and institutional applicators of fertilizer
within the City of Atlantic Beach, shall abide by and successfully complete the
six -hour training program in the "Florida friendly Best Management Practices for
Protection of Water Resources by the Green Industries" offered by the Florida
Department of Environmental Protection through the University of Florida
Extension "Florida -Friendly Landscapes" program, or an approved equivalent.
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Third offense within any 2 month period $ 500.00
Fourth or subsequent offense within any 2 month period $1000.00
Funds generated by penalties imposed under this section shall be used by
the City of Atlantic Beach for the administration and enforcement of § 403.9337,
Florida Statutes, and the corresponding sections of this ordinance, and to further
water conservation and nonpoint pollution prevention activities."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this 9th day of December, 2013.
PASSED by the City Commission on second and final reading this /3•A day of
Ian tktry ,2014.
ATTEST:
_ .44&&
DONNA L. BARTLE
City Clerk
Approved as to form and correctness:
RICHARD KOMANDO
City Attorney
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CAROL •IDS
Mayor, Presiding Officer