HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 02_7/8/2020Agenda Item #2.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) -Jul 08 2020
Staff Contact: Robert Shaw Department: Environmental Advisory
Committee
Review of Proposed VOT Fertilizer Regulation Ordinance
DEP
FERTILIZER ORDINANCE - TEQUESTA
Gmail - Proposed Fertilizer Ordinance for Village of Teguesta
Page 11 of 30
Agenda Item #2.
Robert Shaw
From: Espy., Julie <Julie.E p @dap.state.fI.us
Seat: Wednesday, June 24,2020 12:29 PM
T o ; Robert Shaw
Cc. rnha mood@teguesta.org; Tiffany Busby
Subject: F Et Tillage of Tequesta Fertilizer ordinance - Laxahatchee River Pollution Reduction Plan
Hi Robert,
es.r this most ce rta inIy would apply to the Lox Poi Iutant Red uctio n pla n and wou Id bo a weIcorned contribution from th e
grillage of Ti equesta. we approved the plain several months ago, so we won-t be loo k ling to update the plan until next
year, but 1"ve copied Tiffany Bushy on this correspondence so we will make pure to follow up with you to see if the
Council approves the ordinance and to include any update to the plan,
Than Ins for reaching o ut+
Julie Espy
Director,, DEP Division of Environmental Assessment and Restoration
00 Blair Stone Road
Tallahassee., FL32301
850-2 - 5 2 8 — off ice
o- - 605 — mobile
julie.es fkorided o
From: I ohert Shaw Prot, rshaw-ea cftma iLcom
Seat: Wednesday., June 24,, 2020 � : 1 P
To: Espy, Ju lie <J u V e. Espy@dep.state.fl.us
mhammondC@tequesta.org
Subject: pillage of Te q uesta Fertilizer 0 rdinance - Lo ahatchee Brier Pollution Reduction Plain
Hi Julie.#
k art the Vice -Chair of Tequesta's Environmental Advi:sary CommIttee. On behalf of the committee, I am working on
poterntial revisions to the Village of Tequest -Fs 0r+dinances as they relate to Fertilizer use. In particular, we are hopiing
that the V! I lage Council will adopt a more co prehensive Florida-frierndly Fertiliser USe ordinance that, among other
thin 5, loans the use of fertilizers during the rainy season. k was conversir g with Bud Howard at the Lo ahatchee River
District about h ow sushi an ordinance may he irncorporate d into the Lo ahatchee river's Pollution Reduction Plan. Hero
is our most recent correspondence.
.-I read (qui ki ) thru the Lox. River Pollution Reduction Plan_ if the Viira a adopted a new fertilizer ordinance banning
surnmer usage of f rttilizer's containing Nitrogen and Phosphorous and limited it"s application more generally, does that
effect or get incorporated into a Reduction Plan tin the future?
If our committee decides to bring a reprised fertilizer ordinance to the Village Council for consideration, l would think
they v ould welcome any 1ntormation on how it's passage may become part of o r assist in the Lo ahatchee River'
Pollution Reductk i Pian.
Bud thought It might he applicable, but urged me to contact you for DEP's opinion. Any thoughts or feedback would be
greatly appreciated.
Regards,
Page 12 of 30
Agenda Item #2.
FERTILIZER -FRIENDLY USE ORDINANCE
TITLE
This article shall be known as the Village of Tequesta's fertilizer -friendly use ordinance.
DEFINITIONS
For this Article, the following terms shall have the meanings set forth in this section unless
the context clearly indicates otherwise.
1. "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape
plants.
2. "Applicator" means any Person who applies fertilizer on turf and/or landscape plants. No
fertilizer containing nitrogen or phosphorous shall be applied between June 1 and September 30 as well
as any other prohibited application period.
3. "Best Management Practices" (BMP's) 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.
4. "Code Enforcement Officer, Official, or Inspector" means any designated employee or
agent of the Village whose duty it is to enforce codes and ordinances enacted by the Village.
5. "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 applicators.
6. "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf,
specialized turf, or landscape plants.
7. "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.
8. "Institutional Applicator" means any person, other than a private, non-commercial or a
Page 13 of 30
Agenda Item #2.
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, 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.
9. "Landscape Plant" means any native or exotic tree, shrub, or groundcover (excluding turf).
10. "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.
11. "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.
12. "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.
13. "Turf," "Sod," or "Lawn" means a piece of grass -covered soil held together by the roots of
the grass.
14. "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. For the purposes of this section, agriculture has the same meaning as provided in
F.S. 570.02.
15. "Village" means Village of Tequesta.
FINDINGS
As a result of the Florida Department of Environmental Protection's determination that certain water
bodies within Palm Beach County, including portions of the Loxahatchee River, are impaired for
excessive nutrient levels
Page 14 of 30
Agenda Item #2.
, the village council finds that the best management practices contained in the most recent edition of
the "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green
Industries" are required in this article.
PURPOSE AND INTENT
This article regulates the proper use of fertilizers by any applicator; requires proper
training of commercial and institutional fertilizer applicators; establishes training and
licensing requirements; establishes the timing of fertilizer application; specifies allowable
fertilizer application rates and methods, fertilizer -free zones and exemptions. This article
requires the use of Best Management Practices to minimize negative environmental effects
said fertilizers have in and on the Village's natural and constructed stormwater
conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies.
Collectively, these water bodies are an asset important to the environmental, recreational,
cultural and economic well-being of the residents of the Village and the surrounding areas, and
contribute to the general health and welfare of the public. Overgrowth of algae and vegetation hinders
the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances.
Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, is anticipated to
help improve and maintain water and habitat quality.
APPLICABILITY
This article shall be applicable to and shall regulate any and all applicators of fertilizer
and areas of application of fertilizer to landscapes within the Village,
unless such application or applicator are specifically exempted as provided herein.
(See EXEMPTIONS in this Ordinance).
This article shall be prospective only, and shall not impair any existing contracts.
TIMING OF FERTILIZER APPLICATION
A. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the rainy season period from June 1st through September 30t" or at
any time to saturated soils or during the time which a tropical storm or hurricane watch or
warning has been issued by the National Weather Service or when heavy rain (two inches or
more within a 24-hour period) is forecast.
Page 15 of 30
Agenda Item #2.
B. Fertilizer containing nitrogen and/or phosphorous shall not be applied before seeding or
sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except
when hydro -seeding for temporary or permanent erosion control in an emergency situation
(wildfire, etc.), or in accordance with the stormwater pollution prevention plan for the site.
FERTILIZER FREE ZONES
Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, 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 or bulkhead
, 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. 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 needed, to allow the plants to become well established. Caution shall be
used to prevent direct deposition of fertilizer into the water.
FERTILIZER CONTENT AND APPLICATION RATES
A. Fertilizers containing nitrogen applied to turf and/or landscaping plants within the Village of
Tequesta shall contain no less than 50% slow release nitrogen per guaranteed analysis label.
Other limitations on nitrogen and phosphorous in fertilizers applied to turf within the Village
shall be in accordance with requirements and directions provided by Rule 5E-1.003(2),
Florida Administrative Code, Labeling Requirements for Urban Turf Fertilizers. Under Rule
5E-1.003(2), Florida Administrative Code, required application rate, and frequency
maximums, which vary by plant and turf types, can be found on the labeled fertilizer bag or
container.
B. Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as
provided in (A.) above for turf, or in OF/IFAS recommendations for landscape plants,
vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been
verified by a OF/IFAS approved test methodology.
C. Fertilizer used for sports turf at golf courses shall be applied in accordance with the
recommendations in "Best Management Practices for the Enhancement of Environmental
Quality on Florida Golf Courses" published by the FDEP, dated September 2012, as may be
amended. Fertilizer used at parks or athletic fields shall be applied in accordance with Rule
5E-1.003(2), Florida Administrative Code.
Page 16 of 30
Agenda Item #2.
FERTILIZER APPLICATION PRACTICES
A. Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all
impervious surfaces, fertilizer -free zones and water bodies, including wetlands. 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.
B. 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.
C. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains, ditches, conveyances, or water bodies.
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.
EXEMPTIONS
The provisions set forth above in this Ordinance shall not apply to:
A. Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. 823.14
B. Other properties not subject to or covered under the Florida Right to Farm Act that have
pastures used for grazing livestock;
C. Vegetable gardens provided that they are not located within ten feet of any water body or
wetland.
D. 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.
E. The application of yard waste compost, mulches or similar materials that are organic in
nature and are applied to improve the physical condition of the soil.
F. The use of reclaimed water for irrigation.
G. Specialized turf grasses such as Zoysia or Bermuda as part of a periodic dethatching process
during the growing period, provided that Best Management Practices for fertilizer
application are followed.
H. All golf course landscaping which shall meet the provisions of the Florida Department of
Environmental Protection document, "Best Management Practices for the Enhancement of
Page 17 of 30
Agenda Item #2.
Environmental Quality on Florida Golf Courses" when applying fertilizer to the golf course
practice and play areas.
I. For all other specialized turf areas, the specialized turf managers which shall use their best
professional judgement and apply the concepts and principles embodied in the Florida
Green BMP's, to maintain the health and function of their specialized turf areas.
TRAINING;
A. All commercial and institutional applicators of fertilizer within the Village, 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/Palm Beach County Cooperative Extension
Service Florida -Friendly Landscapes Program, or an approved equivalent program.
B. Non-commercial and non -institutional applicators, not otherwise required to be certified,
such as private citizens on their own residential property, are encouraged to follow the
recommendations of the University of Florida FAS "Florida -Friendly Landscape Program" and labels
instructions when applying fertilizers.
LICENSING OF COMMERCIAL APPLICATORS
A. 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 the business owner or his/her designee holds the appropriate
"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 Village's
Tax Collector's Office/Clerk's Office/Building Department. It is the responsibility of the
business owner to maintain the "Florida -Friendly Best Management P
ractices for Protection of Water Resources by the Green Industries" certificate to receive his
business tax receipt annually.
B. After December 31, 2020, all commercial applicators of fertilizer within the Village 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.
C. 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 appropriate
"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. Standard business tax receipt (BTR) and transaction fees shall apply.
Page 18 of 30
Agenda Item #2.
ENFORCEMENT AND PENALTY
EXAMPLES FROM NEIGHBORING COMMUNITIES
.Il1PITFR
The provisions of this article shall be enforced by the town's code enforcement board or
special magistrate pursuant to the authority granted by F.S. § 162.01 et seq., as amended, and
chapter 8, as amended.
1. Non -corporate residential property owners shall be given a courtesy notice explaining the
violation. Non -corporate residential property owners can receive up to two courtesy notices
before a notice of violation is issued.
2. Failure to comply with these regulations shall constitute a violation, and shall be a separate
violation for each new day the violation continues to exist.
NORTH PAI KA
1. Enforcement . The provisions of this article shall be enforced by the village's code
enforcement special magistrate pursuant to the authority granted by F.S. § 162.01, et seq., as may
be amended, and the village through its authority to enjoin and fine any person violating its code.
The village may pursue these or any other enforcement remedies available to the village under
state law.
2. Penalties . Failure to comply with the requirements of this article shall constitute a
violation of this article and each new day the violation exists shall be considered a separate and
distinct offense. Fines shall be determined by considering the factors set forth in F.S. § 162.09, as
may be amended, and shall not exceed the amounts authorized by state law.
3. Disposition of penalty funds. Funds generated by penalties imposed pursuant to this
article shall be used by the village for the administration and enforcement of F.S. § 403.9337, and
the corresponding sections of this article, and to further water conservation and non -point pollution
prevention activities.
4. Appeals . Appeals of administrative orders of the special magistrate shall be as provided
under state law, and as further set forth in section 2-180.
MARTIN COUNTY
1. Violations of this article may be prosecuted and punished as misdemeanors pursuant to
F.S. § 125.69.
2. This article may be enforced in accordance with F.S. ch. 162 and Chapter 1, Article 4, of
the Martin County Code of Ordinances.
3. Notwithstanding any other provision of this article, the County may also enforce this
article by actions at law or in equity for damages and injunctive relief. In the event the County
prevails in any such action, the County shall be entitled to an award of costs and attorney's
fees.
Page 19 of 30
6/24/2020 smun Proposed Fertilizer Ordinance for Village m/e«"esu
Agenda Item #2.
-N Gmail Thomas Bradford .eeo@gnmoloomm>
Proposed Fertilizer Ordinance for Village of Tequesta
1 message
Robert Sh�<vot.rshaw.eac@gmaiicom> Wed, Jun 24.2020 at5:08PM
To- Thomas Bradford <vot.tbradford.eac@gmoiicom>.Jessica Namath"votjnanath.eac@gmaiicom>'Lisa Krimsky
<vot.|krimsky.eac@gmaiicom>,Resa Listort <vot.distort.eac@gmaiicom>,Frank Harding <vot.fharding.eac@gmaiicom>`
Maria Pearson <vot-mpearmon.eao@gmolioom>
Cc:|brandon@teqeesta.org.mhammond@tequesta.org
Committee members,
Attached as a Word Document is a proposed Fertilizer Ordinance for the Village of Tequesta. The ordinance would serve
asanupdate to existing language inthe Village's Code ofOrdinances that addresses fertilizer management. See
following link '(https:/Uibnary.munioode.00m/fl/tequesta/oodas/oodo_of_ordinanoas?node|d=PT||CDDR_
The existing language in the Village's current code of ordinances addressing Fertilizer management does not restrict the
use of these fertilizers during the summer months. It asks for voluntary compliance. The current language reads (Under
Division 4. - Landscaping, Sec. 78-399 Maintenance, section C, number 4, subsection A) "Care should betaken iolimit
the application of fertilizers containing nitrogen and/or phosphorous to turf and/or landscape plants during the summer
rainy season". Further, while the current code details other fertilizer management practices, there is no enforcement
vehicle. In the current code. Under Division 4. - Landscaping - Sec. 78-410 (Enforcement and monitoring) it states "The
village shall adopt policies and procedures that effectuate this Division as soon as practical. Until such time the policies
and procedures are established, there shall be no enforcement of the requirements of the fertilizer and pesticide sections
of this division.
The regulation ofnutrients, including both nitrogen and phosphorous contained infertilizer, is anticipated to help improve
and maintain water and habitat quality by reducing algae growth. To this end, rainy season fertilizerbonahavebeenputin
place in many Florida municipalities that adjoin water. Bans are widespread in coastal Palm Beach County, the Treasure
Coast and throughout the Indian River Lagoon watershed. Locally, Jupiter, North Palm Besoh, Martin County, Stuart are
just a few that have instituted bans. The Village of Tequesta is bordered by water (including the Loxahatchee River) on
three sides. FDEP has designated parts of the Loxahatchee River as "impaired" for nutrients (chlorophyll -a). Chlorophyll is
ameasure ofalgae that ioaresult ofexcessive nutrients.
Because of these impairments, stakeholders along thoLoxahatchee River are working together to make water quality
improvements through oLoxahatchee River Pollutant Reduction Plan. |reached out toboth Bud Howard at the
Loxahatchee River District and Julie Espy at the DEP (Director, DEP Division of Environmental Assessment and
Restoration) and asked their input on whether Tequesta instituting a rainy season fertilizer ban would help with the "Plan"
for the Loxahatchee. Mr. Howard's response was; "The short answer is yes - just about any water quality improvement
project is a benefit under the reduction plan (and all stakeholders, residents, etc.) because it is another project to add to
ihe|iaiihoLhe|pauoaUmeaiourpoUuiionreduoiionarequiremeniaunderihep|on.^ Julie Eopy'aresponse was; ^Y$o.this
most certainly would apply Lothe Lox. Pollutant Reduction Plan and would be a welcomed contribution from the Village of
Tequeste^ I've attached the full email correspondence with Ms. Espy oaoPDFtitled DER
TheproposedFerU|izerDrdinanoafor7equaata|preparedweainitia|h/baaedoffofiheFDEPoMode|Ordinanoefor
Florida -Friendly Fertilizer Use on Urban Landscapes from 2015.https.-//ffl.lfas.ufl.edu/pdf/dep-fert-mode|ord.pdf
| then reviewed ordinances from;
omun pmno�uFc�x`�o��o�eo�vmu�m/e«"�u
A�U'—��������mun��e.�n�up�������ina��n�o|d=SPBi�ERE
CH23LA—\RTVFL|EFEUS
North Palm Beach 'httpm:/Uibnsry.municode.00m/ /north_pa|m_beooh/oodea/code_of_ordinanoes7node|d=
PT||CDOR_CH27TRBH-4RT|VFBEU8OR
Martin County (unincorporated) - https://Iibrary.municode.com/fl/martin—county/codes/code—of ordinances?
node |d=CDOR_CH87ENCO_ART14FEU8
Palm Beach —https://|ibnary.munioode.00m/FL/Pa|m_Beooh/oodes/Code_of_Ondinanoes?node|d=PT||CODR_
CH42EN-4RT|XFE|EU8@shovvChangea=truo
Each of these municipalities/counties started with the same FDEP Model Ordinance.They then tailored i1Lotheir needs.
In creating the proposed ordinance forTequeota. my goal was to start with FDEP'e model ordinance and then incorporate
other consistent additions and alterations found within the other 4 ordinances I reviewed.
Here are some key differences among the 4ordinances and;
DURATION OF RAINY SEASON BAN
Jupiter, Martin County, Palm Beach ' from 8/1ihmS/3O
North Palm Beach from 0/1 thm 10/31
For purposes of preparing this proposed ordinance for Tequesta, 6/1 thru 9/30 was selected
FERTILIZER FREE ZONES
Jupiter, North Palm Beach, Palm Beach —1Ofeet from a water body
Martin County —25feet from awater body
For purposes ofpreparing this proposed ordinance for Taquasta. 1Ofeet from a water body was selected.
There were other differences (see Exemptions) among the four ordinances relative to each other and with the proposed
lequasta ordinance. Please feel fnaa to review including and we can discuss. In the attached proposed ordinance for
Tequesta, I highlighted sections in red that we may need Village staff or council input.
Finally, attached here (https://ffl.ifas.ufl.edu/pdf/FloridaFerti|izer0rdinances.pdf?v=20190606)hereare fertilizer ordinances
(as of 6/6/1B)from all Florida counties and towns compiled by The University ofFlorida's Institute of Food and
Agricultural Sciences (UFAFAS). For example, Martin County is on page 62, Jupiter on page 75, North Palm Beach on
page 80 and Tequesta is on page 87.
Do not respond tothis email inorder bzavoid violations ofFlorida's Sunshine Law
Robert Shaw
PPq 0
3% 21 of
6/24/2020 Gmail - Proposed Fertilizer Ordinance for Village of Tequesta
g",-" Itoi #2.
C hair environmental Advisory Committee
Village of Tequesta
(561) 440-4024
2 attachments
FERTILIZER ORDINANCE - TEQUESTA.docx
23K
DEP.Pdf
442K
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