Ordinance 22-2018 Environment 1 ORDINANCE NO. 22-2018
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3 AN ORDINANCE OF THE TOWN OF PALM BEACH IN PALM BEACH COUNTY,
4 FLORIDA, FOCUSING ON EXCESSIVE NUTRIENT LEVELS IN PALM BEACH
5 COUNTY WATERBODIES; PROVIDING FOR TITLE; PROVIDING FOR
6 DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR TIMING OF
7 FERTILIZER APPLICATIONS; PROVIDING FOR FERTILIZER FREE ZONES;
8 PROVIDING FOR FERTILIZER CONTENT AND APPLICATION RATES;
9 PROVIDING FOR FERTILIZER APPLICATION PRACTICES; PROVIDING FOR
10 MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER; PROVIDING
11 FOR EXEMPTIONS; PROVIDING FOR TRAINING; PROVIDING FOR LICENSING
12 OF COMMERCIAL APPLICATORS; PROVIDING FOR ENFORCEMENT;
13 PROVIDING FOR PENALTIES; PROVIDING FOR APPEAL; PROVIDING FOR
14 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
15 ORDINANCES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CAPTIONS;
16 AND PROVIDING FOR AN EFFECTIVE DATE.
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18 WHEREAS,pursuant to Section 303(d) of the Federal Clean Water Act and the resulting
19 Florida Impaired Waters Rule (Chapter 62-303, Florida Administrative Code), the Florida
20 Department of Environmental Protection (FDEP) has classified specific water bodies in Palm
21 Beach County as"impaired"as a result of the presence of excessive nutrients; and
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23 WHEREAS,Florida Statute, Section 403.9337 requires local governments located within
24 the watershed of a water body or water segment that is listed as impaired by nutrients to Florida
25 Statute, Section 403.067, adopt an Ordinance for Florida-FriendlyTM Fertilizer Use on urban
26 landscapes; and
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28 WHEREAS, the FDEP on the 8th day of September 2016, issued its Palm Beach County
29 Municipal Separate Storm Sewer System, Permit No. FLS 000018-004, (hereinafter referred to as
30 the"MS4 Permit")to forty(40) governmental entities including the Town of Palm Beach; and
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1 WHEREAS,the MS4 Permit requires local governments within the watershed of a nutrient
2 impaired waterbody to adopt FDEP's Model Ordinance for Florida Friendly Fertilizer Use on
3 Urban Landscapes or an Ordinance that includes all the requirements set forth in the Model
4 Ordinance; and
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6 WHEREAS, surface water runoff and base flow runoff leaves residential neighborhoods,
7 commercial centers, industrial areas, and other lands of the Town of Palm Beach, and enters into
8 natural and artificial storm water, drainage conveyances, and natural water bodies in Palm Beach
9 County; and
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11 WHEREAS, phosphorus and nitrogen, the primary nutrients associated with the
12 degradation of surface water, are commonly the primary components of fertilizer for turf and
13 landscape application, and
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15 WHEREAS, the quality of streams, lakes, and wetlands is important to environmental,
16 economic, and recreational prosperity, and to the health, safety, and welfare of the residents of the
17 Town Palm Beach; and
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19 WHEREAS, algae blooms and accelerated growth of aquatic weeds in Palm Beach
20 County's waterbodies have heightened community concerns about water quality and
21 eutrophication of surrounding waters; and
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1 WHEREAS, it is generally recognized that Eastern Palm Beach County's soils naturally
2 have an adequate phosphorus content for most vegetative needs and that additional phosphorus is,
3 therefore, only occasionally needed to create or maintain a vibrant landscape; and
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5 WHEREAS, it has been recognized that proper application of slow-release nitrogen
6 sources is more efficiently used by plants and less likely to leach or runoff; and
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8 WHEREAS,this Ordinance is part of a regulatory program to address non-point sources
9 of nutrient pollution, which is scientifically based, economically, and technically feasible; and
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11 WHEREAS, in the process of adoption of this Ordinance, the Town of Palm Beach has
12 considered scientific information, including input from the Department of Environmental
13 Protection, the Department of Agriculture and Consumer Services, and the University of Florida
14 Institute of Food and Agricultural Sciences.
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16 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF PALM BEACH,
17 FLORIDA,that
18 SECTION I. TITLE:
19 This Ordinance shall be known as the Fertilizer-Friendly Use Ordinance.
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21 SECTION II.DEFINITIONS:
22 For this Ordinance, the following terms shall have the meanings set forth in this Section,
23 unless the context clearly indicates otherwise.
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1 1. "Application" or "Apply" means the actual physical deposition of fertilizer to turf
2 or landscape plants.
3 2. "Applicator" means any person who applies fertilizer on turf and/or landscape
4 plants in the Town of Palm Beach.
5 3. "Approved Test" means a soil test from the University of Florida, government, or
6 other commercial licensed laboratory that regularly performs soil testing and recommendations.
7 4. "Best Management Practices (BMP's)" means turf and landscape practices or
8 combination of practices based on research, field-testing, and expert review, determined to be the
9 most effective and practical site-specific means, including economic and technological
10 considerations, for improving water quality, conserving water supplies, and protecting natural
11 resources.
12 5. "Code Enforcement Officer", "Official", or "Inspector" means any designated
13 employee or agent of the Town of Palm Beach whose duty is to enforce codes and ordinances
14 enacted by the Town of Palm Beach.
15 6. "Commercial Fertilizer Applicator" except as provided in Section 482.1562(9),
16 F.S. means any person who applies fertilizer for payment or other consideration to property, not
17 owned by the person or firm applying the fertilizer or the employer of the applicators.
18 7. "Fertilizing" or "Fertilization" means the act of applying fertilizer to turf,
19 specialized turf, or landscape plants.
20 8. "Fertilizer" means any substance or mixture of substances that contains one or
21 more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity,
22 or provides other soil enrichment, or provides other corrective measures to the soil.
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1 9. "Institutional Applicator" means any person,other than a private, non-commercial
2 or a Commercial Applicator (unless such definitions also apply under the circumstances), that
3 applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional
4 Applicators shall include, but shall not be limited to, owners, managers, or employees of public
5 lands,schools,parks,religious institutions,utilities, industrial or business sites,and any residential
6 properties maintained in condominium and/or common ownership.
7 10. "Landscape Plant" means any native or non-native tree, shrub, or groundcover
8 (excluding turf).
9 11. "Person" means any natural person, business, corporation, limited liability
10 company, partnership, limited partnership, association, club, organization, and/or any group of
11 people acting as an organized entity.
12 12. "Prohibited Application Period"means the time period during which a flood watch
13 or warning, a tropical storm watch or warning, or a hurricane watch or warning is in effect for any
14 portion of the Town of Palm Beach issued by the National Weather Service.
15 13. "Saturated Soil" means a soil in which the voids are filled with water. Saturation
16 does not require flow. For the purposes of this Ordinance, soils shall be considered saturated if
17 standing-water is present, or the pressure of a person standing on the soil causes the release of free
18 water.
19 14. "Slow-Release, "Controlled Release", Time Release", "Slowly-Available", or
20 "Water Insoluble Nitrogen" means nitrogen in a form which delays its availability for vegetative
21 uptake and use after application, or which extends its availability to the vegetation longer than a
22 reference rapid or quick release product.
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1 15. "Turf", "Sod", or "Lawn" means an area of grass-covered soil held together by
2 the roots of the grass.
3 16. "Urban Landscape" means pervious areas on residential, commercial, industrial,
4 institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or
5 landscape plants. For the purposes of this Section, agriculture has the same meaning as provided
6 in Section 570.02, Florida Statutes.
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8 SECTION III. FINDINGS:
9 As a result of the Florida Department of Environmental Protection's determination that
10 certain waterbodies within Palm Beach County are impaired for excessive nutrient levels, the
11 Town of Palm Beach finds that the best management practices contained in the most recent edition
12 of the "Florida-Friendly Best Management Practices of Water Resources by the Green
13 Industries", are required in this Ordinance.
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15 SECTION IV.PURPOSE AND INTENT:
16 This Ordinance regulates the proper use of fertilizers by any applicator, requires proper
17 training of commercial and institutional fertilizer applicators, establishes training and licensing
18 requirements, establishes a Prohibited Application Period, and specifies allowable fertilizer
19 application rates and methods, fertilizer-free zones and exemptions. This Ordinance requires the
20 use of Best Management Practices to minimize negative environmental effects associated with
21 excessive nutrients in our waterbodies. These environmental effects have been observed in and on
22 Palm Beach County's natural and constructed stormwater conveyances, rivers, creeks, canals,
23 lakes, estuaries and other waterbodies. Collectively, these waterbodies are an asset important to
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1 the environmental, recreational, cultural, and economic well-being of Palm Beach County
2 residents and the health of the public.Overgrowth of algae and vegetation hinder the effectiveness
3 of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of
4 nutrients, including both phosphorus and nitrogen contained in fertilizer, is anticipated to help
5 improve and maintain water and habitat quality.
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7 SECTION V.APPLICABILITY:
8 This Ordinance shall be applicable to,and shall regulate any and all applicators of fertilizer
9 and areas of application of fertilizer to urban landscapes within the Town of Palm Beach, unless
10 such applicator is specifically exempted by Section XI of this Ordinance. This Ordinance shall be
11 prospective only, and shall not impair any existing contracts.
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13 SECTION VI. TIMING OF FERTILIZER APPLICATIONS
14 1. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf
15 and/or landscape plants during the Prohibited Application Period or to saturated soils.
16 2. Fertilizer containing nitrogen and/or phosphorus shall not be applied before seeding
17 or sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding,
18 except when hydro-seeding for temporary or permanent erosion control in an emergency situation
19 (wildfire, etc.), or in accordance with the Stormwater Pollution Prevent Plan for that site.
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21 SECTION VII. FERTILIZER FREE ZONES:
22 Fertilizer shall not be applied within ten (10) feet, or three (3) feet if a deflector shield or
23 drop spreader is used, of any pond, stream, water body, lake, canal, or wetland as defined by the
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1 Florida Department of Environmental Protection(Chapter 62-340),Florida Administrative Code or
2 from the top of a seawall or lake bulkhead.Newly planted turf or landscape plants may be fertilized
3 in this zone only for a sixty(60) day period beginning thirty(30) days after planting, if needed, to
4 allow the vegetation to become well established. Caution shall be used to prevent direct deposition
5 of fertilizer into the water.
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7 SECTION VIII. FERTILIZER CONTENT AND APPLICATION RATES:
8 1. Fertilizers applied turf within the Town of Palm Beach shall be applied in accordance with
9 requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code,Labeling
10 Requirements for Urban Turf Fertilizers. Under Rule 5E-1.003(2), Florida Administrative Code,
11 required application rate, and frequency maximums, which vary by plant and turf types, are found
12 on the labeled fertilizer bag or container.
13 2. Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as
14 provided in Section (1) above for turf, or in OF/IFAS recommendations for landscape plants,
15 vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by
16 an approved test.
17 3. Fertilizer used for sports turf at golf courses shall be applied in accordance with the
18 recommendations in "Best Management Practices for the Enhancement of Environmental Quality
19 on Florida Golf Courses",published by the Florida Department of Environmental Protection,dated
20 September 2012, as may be amended. Fertilizer used at park or athletic fields shall be applied in
21 accordance with Rule 5E-1.003(2), Florida Administrative Code.
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1 SECTION IX.FERTILIZER APPLICATION PRACTICES:
2 1. As required in Section VII of this Ordinance, spreader deflector shields shall be
3 used when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that
4 fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones, and
5 waterbodies, including wetlands. Any fertilizer applied, spilled or deposited, either intentionally or
6 accidentally, on any impervious surface shall be immediately and completely removed to the
7 greatest extent practicable.
8 2. Fertilizer released on an impervious surface must be immediately contained and
9 either legally applied to turf or any other legal site, or returned to the original or other appropriate
10 container.
11 3. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
12 stormwater drains, ditches, conveyances, or waterbodies.
13 4. Property owners and managers are encouraged to use an Integrated Pest
14 Management (IPM) strategy as currently recommended by the University of Florida Cooperative
15 Extension Service publications.
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17 SECTION X. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER:
18 In no case shall grass clippings, vegetative material, and/or vegetative debris be washed,
19 swept, or blown on to or into stormwater drains, ditches, conveyances, water bodies, wetlands,
20 sidewalks or roadways. Any material that is accidentally so deposited shall be immediately
21 removed to the maximum extent practicable. Vegetative material may be placed within the
22 roadway rights-of-way, but not over the storm drains, for pickup by the municipality's vegetative
23 waste hauler.
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1 SECTION XI. EXEMPTIONS:
2 The provisions set forth above in this Ordinance shall not apply to:
3 (a) Bona-fide farm operations as defined in the Florida Right-to-Farm Act, Section
4 823.14, Florida Statutes.
5 (b) Any lands used for bona-fide scientific research, including, but not limited to,
6 research on the effects of fertilizer, use on urban stormwater, water quality, agronomics, or
7 horticulture.
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9 SECTION XII. TRAINING:
10 1. All commercial and institutional applicators of fertilizer within Palm Beach County shall
11 abide by, and successfully complete, the six (6) hour training program in the "Florida-Friendly
12 Best Management Practices for Protection of Water Resources by the Green Industries" offered
13 by the Florida Department of Environmental Protection through the University of Florida/Palm
14 Beach County Cooperative Extension Service "Florida-Friendly Landscapes" program or an
15 approved equivalent program.
16 2. Non-commercial and non-institutional applicators, not otherwise required to be certified,
17 such as private citizens on their own residential property, are encouraged to follow the
18 recommendations of the University of Florida/FAS "Florida-Friendly Landscape Program" and
19 label instructions when applying fertilizers.
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21 SECTION XIII. LICENSING OF COMMERICAL APPLICATORS:
22 1. All businesses applying fertilizer to turf or landscape plants (including, but not limited to,
23 residential lawns, golf courses, commercial properties, and multi-family and condominium
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1 properties)must ensure that the business owner or his/her designee holds the appropriate "Florida-
2 Friendly Best Management Practices for Protection of Water Resources by the Green Industries"
3 training certificate prior to the business owner obtaining a Local Business Tax Certificate.Owners
4 for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants
5 shall provide proof of completion of the program to the Town of Palm Beach Building Department.
6 It is the responsibility of the business owner to maintain the "Florida-Friendly Best Management
7 Practices for Protection of Water Resources by the Green Industries" certificate to receive their
8 Business Tax Receipt annually.
9 2. All commercial applicators of fertilizer within the Town of Palm Beach shall have, and
10 carry in their possession at all times when applying fertilizer, evidence of certification by the
11 Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator
12 per Rule 5E-14.117(18), Florida Administrative Code.
13 3. All businesses applying fertilizer to turf and/or landscape plants(including, but not limited
14 to, residential lawns, golf courses, commercial properties, and multi-family and condominium
15 properties) must ensure that at least one (1) employee has an appropriate "Florida-Friendly Best
16 Management Practices for Protection of Water Resources by the Green Industries" training
17 certificate prior to the business owner obtaining a Local Business Tax Certificate. Standard
18 Business Tax Receipt (BTR and transaction fees shall apply).
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20 SECTION XIV. ENFORCEMENT:
21 The provisions of this Ordinance shall be enforced by (1) the Town of Palm Beach Code
22 Enforcement Officer pursuant to the authority granted by Section 162.01 et. Seq., Florida Statutes,
23 as may be amended, and Article 10 of the United Land Development Code, as may be amended,
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1 (2) the Town of Palm Beach through its authority to enjoin and restrain any person violating the
2 Unified Land Development Code, or (3) the Town of Palm Beach, through the prosecution of
3 violations in the name of the State of Florida pursuant to the authority granted by Section 125.69,
4 Florida Statutes, as may be amended. The Code Enforcement official may pursue these or any
5 other enforcement remedies available to, and applicable to, the Town of Palm Beach.
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7 SECTION XV.PENALTIES:
8 1. Failure to comply with the requirement of this Ordinance shall constitute a violation of this
9 Ordinance and shall be punishable by a fine not to exceed $250 per incident for the violation, or a
10 fine not to exceed $500 per incident for a repeat violation, and, in addition, may include all costs
11 of repairs and remediation including administrative costs. Each new day the violation exists, it is
12 considered a separate incident.
13 2. In determining the amount of fines that should be imposed, the Code Enforcement Official
14 shall consider the following factors: (1) the gravity of the violation; (2) any actions taken by the
15 violator to correct the violation; and (3) any previous violations committed by the violator. If the
16 Code Enforcement Official finds the violation is irreparable or irreversible in nature, a fine not to
17 exceed$15,000 per violation may be imposed.
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19 SECTION XVI.APPEAL:
20 An aggrieved party, including the Town of Palm Beach, may appeal a final administrative
21 order of the Code Enforcement Official to the circuit court. Such an appeal shall not be a hearing
22 de novo,but shall be limited to appellate review of the record created before the Code Enforcement
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1 Official. An appeal shall be filed within thirty (30) days of the execution of the order to be
2 appealed.
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4 SECTION XVII. SEVERABILITY:
5 If any Section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any
6 reason held by a Court of competent jurisdiction to be unconstitutional, inoperative or void, such
7 holding shall not affect the remainder of this Ordinance.
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9 SECTION XVIII. INCLUSION IN THE CODE OF LAWS AND ORDINANCES:
10 The provisions of this Ordinance shall become, and be made a part of, the Town of Palm
11 Beach Code. The Sections of this Ordinance may be renumbered or relettered to accomplish such,
12 and the word "Ordinance"may be changed to "Section", "Article", or other appropriate word.
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14 SECTION XIX. CAPTIONS:
15 The captions, section headings, and section designations used in this Ordinance are for
16 convenience only,and shall have no effect on the interpretation of the provisions of this Ordinance.
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2 SECTION XXI.EFFECTIVE DATE:
3 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
4 TOWN OF PALM BEACH,FLORIDA:
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6 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
7 Town of Palm Beach on first reading this 11th day of December, 2018, and for second and
8 final reading on this 9th day of January, 2019.
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17 d/ I A
18 Ga% . oniglio, ay. / D nielle H. Mo. e .win Council President
19 AI -
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21 Margaret A.Zeidsii-n,Council President Pro Tern
22 ATTEST:
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24 ) n ' 1..)• 414 %, ‘,r I I
25 Kathleen Dominguez, Town Clerk ! Julie Aras, . o. cil Membe,
26 J
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Lewis S.W. r._• pts ,T. n Council Member
Bobbie Lindsay,To Council Member
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