HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_11/2/2020 Agenda Item #2.
Workshop
STAFF MEMO �
Meeting: Workshop - Nov 02 2020
Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory
Committee
ITEM POSTPONED UNTIL NOV 30 - Discussion on Behalf of the Environmental Advisory Committee
Requesting Revisions to the Village's Code as they Relate to Fertilizer Use
Attached are back-up documents submitted from the Environmental Advisory Committee.
Memo Forwarding EAC Fertilizer Ord
Shaw 0624 Email Backup for EAC July Meeting
Julie Espy FDEP Email of 062420
Ord Amending Fertilizer Provisions v5 102220
Page 10 of 38
Agenda Item #2.
Village of Tequesta
345 Tequesta Drive 561-768-0700
Tequesta, FL 33469 www.tequesta.org
MEMORANDUM
TO: Jeremy Allen, Village Manager
FROM: Thomas G. Bradford, Chair, EAC
RE: Environmental Advisory Committee Recommended Revised Fertilizer Ordinance
The EAC has been working diligently on the Tequesta code provisions pertaining to control of the
application of fertilizer within the jurisdiction of the Village since our meeting on July 8. We have
known for some time that the current code provisions were outdated and not enforceable
particularly when you consider that their implementation required prior actions by the Village in
the development of policies and procedures related thereto which has not occurred. See current
code Sec. 78-416 at this link:
https.-//IibraKy.municode.com/fl/tequesta/codes/code—of ordinance s?no deld=PTIIC 0 0 R—CH 7 8Z
O—ARTIXSURE—DIV4LA—S78-416ENMO
A lack of effective local legislation on fertilizer regulation is problematic for a number of reasons,
but the most pressing issue maybe the impact on the waters of the Loxahatchee River.
Stakeholders in the Loxahatchee River area, including Tequesta, have voluntarily agreed to
provide nutrient management activities to make progress toward achieving the area's water quality
criteria set for nutrients. For example, the Northwest Fork and Southwest Fork are impaired for
chlorophyll-a because they do not meet the water quality criteria. Pollutants of concern include
total nitrogen(TN)and total phosphorus(TP) found in fertilizer,which are contributing to elevated
chlorophyll-a levels. Local stakeholders devoted to restoring the river and estuary have initiated
this plan to proactively remedy water quality impairments without a state prescribed total
maximum daily load (TMDL) or a basin management action plan (BMAP). This plan is focused
on restoring water quality in the Loxahatchee River through local, cooperative efforts. In other
words, the stakeholders do not want the State DEP mandating what must be done, including how
and when we must spend funds on pollution control. Stakeholders want to solve the problems on
a local level. Please see the Loxahatchee River Pollutant Reduction Plan here:
https.-//Ioxahatcheerive /wp-content/uploads/2020/03/Loxahatchee.-River-4e-Plan—FinaI
In the development of this draft ordinance the EAC reviewed the fertilizer ordinances of a number
of other jurisdictions. We consider this ordinance to be a"middle of the road" solution. It is not as
strict as Martin County, but follows many aspects of content adopted by Jupiter for local
Vice-Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon
Council Member Frank D"Ambra Council Member Bruce Prince
Village Manager Jeremy Allen
Page 11 of 38
Agenda Item #2.
consistency. The ordinance is provided with 0%-A A".%kw 11A A A W%445 and underlines to help delineate what
is proposed for dOdLOAR and what is proposed to be added.
The primary work in review of the ordinances of other jurisdictions was done by EAC. Vice Chair,
Robert Shaw,His initial work submitted to the EA C is attached below., in addition to the ordinance
created by me to implement the Mr. Shaw"s work, in both the Word and PI F format. It is stro
recommended that all recipients of this memorandum read this Shaw material, and the links
therein, first, in order to better understand where Tequesta stands today and where the proposed
ordinance places Tequesta relative to our sister communities throughout Florida. I think all will be
satisfied with where this takes us.
The draft ordinance will require review by the Village Attorney for editing before first reading is
formally considered by the Village Council, but it should suffice for now for review purposes.
Also, of importance is an attached letter from Julie Espy with DEP indicating that such an
ordinance would be a welcomed contribution from the Village toward reaching the goals of the
Loxahatchee River Pollutant Reduction Plan.
The EAC unanimously approved this draft ordinance and urges the Village Council to consider
and adopt these changes as soon as possible. It is respectfully requested that you place this subject
on the agenda of the next Village Workshop meeting in order to get the process of adoption
initiated.
Should you have any questions, please feel free to contact me.
Cc: Village Council
EA C Members
Matthew Hammond, P.E., Utilities Director
Keith Davis, Village Attorney
Page 12 of 38
Agenda Item #2.
Robert Shaw Email Content Submitted for EAC Backup for July 2020 EAC Meeting
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. See the
following link.
htti)s://library.municode.com/fl/teguesta/codes/code—of ordinances?nodeld=PTIICOOR—CH78
ZO—ARTIXSURE—DIV4LA—S78-399MA.
The existing ordinance asks for voluntary compliance.The current language reads(Under Division
4. — Landscaping, Sec. 78-399 Maintenance, section C, number 4, subsection A) - "Care should
be taken to limit 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. 78-416(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 of nutrients, including both nitrogen and phosphorous contained in fertilizer, is
anticipated to help improve and maintain water and habitat quality by reducing algae growth. To
this end, rainy season fertilizer bans have been put in 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 Beach, 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 a measure of algae
that is a result of excessive nutrients.
Because of these impairments, stakeholders along the Loxahatchee River are working together to
make water quality improvements through a Loxahatchee River Pollutant Reduction Plan. I
reached out to both 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 the list that helps us all meet our pollution reductions
requirements under the plan." Julie Espy's response was; "Yes, this most certainly would
apply to the Lox. Pollutant Reduction Plan and would be a welcomed contribution from the
Village of Tequesta". I've attached the full email correspondence with Ms. Espy as a PDF titled
DEP.
The proposed Fertilizer Ordinance for Tequesta I prepared was initially based off of the FDEP's
Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes from
2015. https-.//ffl.ifas.ufl.edu/pdf/dep-fert-modelord
1 then reviewed ordinances from;
Page 13 of 38
Agenda Item #2.
Jupiter https:HlibrM.municode.com/fl/jupiter/codes/code—of ordinances?nodeld=S PB LAD ERE
—CH23LA—ARTVFLIEFEUS
NorthPalmBeach https://Iibraly.municode.com/fl/north palm beach/codes/code—of ordinances?
nodeld=PTIICOOR—CH27TRSH—ARTIVFEIEUSOR
MartinCounty(unincorporated) https:Hlibrqa.municode.com/fl/martin—counly/codes/code—of or
dinances?nodeld=COOR—CH67ENCO—ART 14FEUS
PalmBeach https://Iibrary.municode.com/FL/Palm—Beach/codes/Code—of Ordinances?nodeld=P
TIICOOR—CH42EN—ARTIXFEIEUS&showChanges=true
Each of these municipalities/counties started with the same FDEP Model Ordinance. They then
tailored it to their needs. In creating the proposed ordinance for Tequesta, my goal was to start
with FDEP's 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 4 ordinances and;
DURATION OF RAINY SEASON BAN
Jupiter, Martin County, Palm Beach - from 6/1 thru. 9/30
North Palm Beach - from 6/1 thru 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— 10 feet from a water body
Martin County—25 feet from a water body
For purposes of preparing this proposed ordinance for Tequesta, 10 feet from a water body was
selected.
Finally, attached here (https://ffl.'ifas.ufl.edu/pdf/FloridaFertilizer0rdinances.pdf.?v=20190606)
are fertilizer ordinances (as of 6/6/19) from all Florida counties and towns compiled by The
University of Florida's Institute of Food and Agricultural Sciences (UVIFAS). For example,
Martin County is on page 62, Jupiter on page 75, North Palm Beach on page 80 and Tequesta is
on page 87.
Page 14 of 38
Agenda Item #2.
Robert Shaw
From: Espy.,Julie <Julie.F p @dap.state.fI.us
Seat: Wednesday, June 24, 2020 12:29 PM
To; Robert Shave
Cc. rnha rnond@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 frorn th e
grillage of Ti equesta. we approved the plan save ral months ago, so we wont be loo k ling to update the plan until next
yea r, 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 EsI
Director,, DEP Division of Environmental Assessment and Restoration
00 Blair Store Road
Tallahassee., FL32301
850- - 5 2 8—off ice
o- - 605—mobile
julie.es fkorided o
From: I ohert Shaw Prot,rshaw.eac f maiLcom
Seat:Wednesday.,June 24,2020 1 : 1 P
To: Espy,Ju lie<J u V e.Espy@dep.state.fl.us
mhammond@)tequesta.org
ublect:AIla a of Te q uesta Fertilizer 0rdinance - Lo ahatchee River Pollution Reduction Plan
HiJulief
k art the Vice-Chair of Tequesta's Environmental Advi:sary CommIttee. On behalf of the committee, I am working on
potential revisions to the ViIlage of Tequesta-Fs 0rdinances as they relate to Fertilizer uise. In particular,we are hoping
that the V!I lage Council will adopt a more co prehensive Florida-friendly Fertiliser USe ordinance that, among other
thin 5, loans the use of fertilizers during the rainy season. k was conversing with Bud Howard at the Lo ahatchee River
District about how sushi an ordinance may he incorporated into the Lo ahatchee river's PoIIution 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 en and Phosphorous and limited its 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 would welcome any 1ntormation on how it's passage may become part of or assist in the Lo ahatchee River"
Pollution Reductko i Pia n.
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,
1
Page 15 of 38
Agenda Item #2.
ORDINANCE NO. XX-20
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78.
ZONING, ARTICLE IX SUPPLEMENTAL REGULATIONS, DIVISION 4, LANDSCAPING
BY AMENDING THIS DIVISION TO UPDATE CERTAIN "FLORIDA FRIENDLY
LANDSCAPING" REQUIREMENTS THROUGHOUT THE VILLAGE IN REGARD TO
FERTILIZER USE, INCLUDING DEFINITIONS, SHORELINE CONSIDERATIONS,
MAINTENANCE, YARD WASTE MANAGEMENT, FERTILIZER MANAGEMENT,
INCLUDING APPLICABILITY, FINDINGS, PURPOSE AND INTENT, LICENSING AND
TRAINING OF APPLICATORS, FERTILIZER CONTENT AND APPLICATION RATES,
TIMING OF FERTILIZER APPLICATION, FERTILIZER APPLICATION PRACTICES,
DESIGNATION OF FERTILIZER FREE ZONES, ENFORCEMENT AND PENALTIES;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 78, ZONING, SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the Village Council desires to update its landscaping code by updating certain
"Florida Friendly Landscaping" requirements pertaining to fertilizer use throughout the village;
and
WHEREAS, the Village Council believes the adoption of the code revisions in this ordinance
will be in the best interests of the Village of Tequesta, and will promote the public health, safety
and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1:
Chapter 78. Zoning, of the Code of Ordinances of the Village of Tequesta is hereby amended at
Article IX. Supplemental Regulations. Division 4. Landscaping, by updating certain "Florida
Friendly landscaping" requirements throughout the village pertaining to fertilizer use and related
issues, providing that Division 4. Landscaping, shall hereafter read as follows.
Section 2:
Section 78-393. —Definitions, is hereby amended to read as follows:
"Sec. 78-393. - Definitions.
The following terms, when used in this division, shall have the meanings ascribed to them in this
section, except where context clearly indicates a different meaning:
ANSI A300 Standards: American National Standard for Tree Care operations published by the
National Arborist Association and approved by the American National Standards Institute.
1
Page 16 of 38
Agenda Item #2.
Automatic controller: A mechanical or electronic device, capable of automated operation of
valve stations to set the time, duration and frequency of a water application.
Best management practices (BMPs).- A practice 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.
Caliper: Quantity in inches of tree trunk diameter measured at four and one half feet above the
ground.
Canopy tree: Any single trunked, self-supporting plant, upright in growth, with a minimum size
of 16 feet high, six-foot spread, three-inch caliper and five feet of clear trunk.
9 9
Constant pressure/flow control: A device that maintains a constant flow, or pressure, or both.
Drought-tolerant: A plant that is capable of surviving a dry spell of more than two or three
months without supplemental watering.
Emitter: This term primarily refers to devices used in micro irrigation systems.
�tLor n�rronf��ro r�-�v�c�iiroc-� +� +ha c��il�l7 1'0T Eeo, .
Filter: A device in irrigation distribution systems that separates sediment or other foreign matter.
Florida friendly landscape: The principles of Florida-friendly landscaping include planting the
right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of
wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater
runoff, and waterfront protections. Additional components of Florida-friendly landscape include
planning and design, soil analysis, the uses of solid waste compost, practical use of turf, and
proper maintenance.
Ground cover: Low growing plants, other than turfgrass, used to cover the soil and form a
continuous, low mass of foliage.
Hardscape: Areas such as patios, decks, driveways, paths and sidewalks that do not require
irrigation.
Hat racking: Cutting back of tree limbs to a point between branch collars/buds (intemodal
cutting) larger than one inch in diameter within the tree's crown.
Hydro zone: A distinct grouping of plants with similar water needs and climatic requirements.
Impervious surface: Those surfaces which do not absorb water. They consist of all buildings,
parking areas, driveways, roads, sidewalks and any areas of concrete or asphalt.
2
Page 17 of 38
Agenda Item #2.
� X L,"XX r7[7'T7TLT --- -- - - ---R'-`----1
Irrigated landscape area: All outdoor areas that require a permanent irrigation system.
Irrigation system: An artificial watering system designed to transport and distribute water to
plants.
Irrigation zone: A grouping of sprinkler heads, soakers, bubblers, or micro irrigation emitters
operated simultaneously by the control of one valve.
Landscape: Any combination of living plants (such as grass, ground cover, shrubs, vines,
hedges, or trees) and non-living landscape material (such as rocks, pebbles, sand, mulch or
decorative paving materials). Non-living landscape material shall not be used as major landscape
ground cover. In no case shall these materials exceed ten percent of the landscaped area.
Landscape plan: Plans and drawings showing the location of buildings, structures, pedestrian,
transportation, or environmental systems, and the detail for placement of site amenities,
accessibility components, plantings and other tangible objects. Plans shall include installation
details for plant materials, soil amendments, mulches, edging and other similar materials. Plans
shall be numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed
professional where required by F.S. ch. 481, pt. II.
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 Xeriscape as defined in F.S. ch. 373.185(1)(b).
Landscape strip: a strip of land along the perimeter of the site containing trees, barriers, ground
cover and/or other plant material.
Low flow point applicators: Irrigation applicators with output less than 60 gallons per hour
(gph).
Micro irrigation (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). Micro irrigation encompasses a number of
methods or concepts including drip, subsurface, bubbler, and spray irrigation, previously referred
to as trickle irrigation, low volume, or low flow irrigation that deliver water directly to plant root
zones with a high degree of efficiency, no runoff, and little to no evaporation.
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.
Mulch: Non-living, organic or synthetic materials customarily used in landscape design to retard
erosion and retain moisture.
Native vegetation: Any plant species with a geographic distribution indigenous to all, or part, of
the State of Florida as identified in: Guide to Vascular Plants of Florida, R.P. Wunderlin, 1998,
University Press of Florida, Gainesville or the Atlas of Florida Vascular Plants
3
Page 18 of 38
Agenda Item #2.
(http://www.florida.plantsatals.usf.edu/). Native vegetation shall consist of those plant species
indigenous to the ecological communities of South Florida.
Pervious surface: Any area of land that is landscaped or planted, allows natural passage of water,
and is not covered by impervious materials or structures. Pervious surfaces include pervious
paving materials.
Pervious paving materials: A porous asphaltic, concrete or other surface and a high-void
aggregate base which allows for rapid infiltration and temporary storage of rain on, or runoff
delivered to,paved surfaces.
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.
Plant communities: An association of native plants that are dominated by one or more prominent
species, or a characteristic physical attribute.
Planting plan: Specifications and installation details for plant materials, soil amendments,
mulches, edging, gravel, and other similar materials.
Point of connection: The location where an irrigation system is connected to a water supply.
Pop-up sprays: Spray heads that pop up with water pressure and provide a continuous spray
pattern throughout a given arc of operation.
Pressure tank: A pressurized holding tank for irrigation water coming from wells to minimize
cycling of the water pump.
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
precipitation has reached a pre-set quantity.
Runoff Water that is not absorbed by the soil or landscape and flows from the area.
Sod or lawn: A piece of turf-covered soil held together by the roots of the turf.
Soil moisture sensor: See "moisture sensing device".
Tree: Any self-supporting woody plant, together with its root system, growing upon the earth,
usually with one trunk of at least three inches in diameter at a height of four and one-half feet
above the ground or a multistemmed trunk system with a definitely formed crown.
Turf and/or turfgrass: A mat layer of monocotyledonous plants such as Bahia, Bermuda,
Centipede, Seaside, Paspalum, St. Augustine, and Zoysia.
Valve: A device used to control the flow of water in the irrigation system.
Water•use zone: See "Hydro zone"."
Section 3:
Section 78-395. -Shoreline considerations, is hereby amended to read as follows:
4
Page 19 of 38
Agenda Item #2.
"Sec. 78-395. - Shoreline considerations.
(a) Grading and design of property adjacent to bodies of water shall conform to federal, state
and local regulations which may include, but is not limited to, the use of berms and/or swales to
intercept surface runoff of water and debris that may contain fertilizers or pesticides.
(b) A mandatory ten-foot low maintenance zone is fve ,„�,�` pad LiA ��
4Hn LN% M i,%w%gn+%%' re u1red, 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 the
low maintenance zone to capture and filter runoff. No mowed or cut vegetative material
shall 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.
(c) When mowing near the shoreline, direct the chute away from the water body. Riparian or
littoral zone plants that do not require mowing or fertilization should be planted in these
areas. See the Florida Waterfront Property Owners Guide or the Florida Fish and Wildlife
Conservation Commission's Invasive Plant Management Section for more information.
(d) Mangrove trimming shall be performed in accordance with F.S. §§ 403.9321403.9334."
Section 4:
Section 78-399. —Maintenance, is hereby amended to read as follows:
"Sec. 78-399. - Maintenance.
(a) Generally.
(1) The owner, occupant, and tenant and the respective agent of each, if any, shall be jointly
and severally responsible for all landscaping and irrigation equipment, including that
located in the unpaved portion of the public right-of-way between the paved portion of
the public right-of-way and the boundary of the owner's property. Landscaping shall be
maintained in a good condition, so as to present a healthy, neat and orderly appearance at
least equal to the original installation, and shall be kept free from refuse and debris. Any
dead vegetation and landscaping material shall be promptly replaced with healthy, living
plantings. Vegetation proximally located to electric utility lines shall also be maintained
pursuant to section 74-2.
(2)Landscape maintenance for hire shall be performed in accordance with recommendation
in the Florida-Friendly Best Management Practices for Protection of Water Resources by
the Green Industries. Landscape maintenance by homeowners should be performed in
accordance with recommendations of the University of Florida Cooperative Extension
Service and Florida Yards and Neighborhoods publications.
(3)A regular irrigation maintenance schedule shall be included, but not be limited to,
checking, adjusting, and repairing irrigation equipment; and resetting the automatic
controller according to the season yearly.
5
Page 20 of 38
Agenda Item #2.
(4)Pruning of trees shall be permitted to allow for healthy growth, and to promote safety
considerations. Trees which cause a conflict with views, signage or lighting shall not be
pruned more than the maximum allowed. The village manager, community development
director or building official may suspend the provisions of this section in case of a
natural disaster. The removal of any tree shall be pursuant to the applicable provisions of
article VII of chapter 50.
a. A maximum of one-fourth of tree canopy may be removed from a tree within a
one-year period, provided that the removal conforms to the standards of crown
reduction, crown cleaning, crown thinning, crown raising, vista pruning, and crown
restoration pruning techniques. All pruning shall comply with the American
National Standards Institute, ANSI 300 (Tree, Shrub and other Woody Plant
Maintenance), as amended.
b. If other than the mature height and spread is desired for any required tree, the size
and shape shall be indicated on an approved landscape plan. Shaping of a tree shall
be permitted if the tree is to be used as an accent, focal point or as part of an overall
landscape design. A maintenance commitment shall be clearly outlined on the
approved landscape plan to explain the care and upkeep of a shaped tree.
c. Hat racking (tree topping), as defined in this division, is strictly prohibited.
d. The following shall be exempt from the requirements of the above tree pruning
regulations; however, removal of any such tree shall be pursuant to the applicable
provisions of article VII of chapter 50:
i. Trees affected by FAA and airport safety regulations.
ii. Trees which interfere with safe site triangles, utility lines, or utility structures.
Electric utilities shall prune trees in proximity to overhead power lines
pursuant to section 74-2.
iii. Trees having crown dieback or decay greater than one-third the tree canopy.
iv. Trees having suffered damage due to natural or accidental causes.
v. Trees having insect or disease damage greater than one-third of the tree crown.
vi. Trees in botanical gardens, or botanical research centers.
vii. Trees which the residential property owner obtains documentation from an
arborist certified by the International Society of Arboriculture or a Florida
licensed landscape architect confirming that the tree presents a danger to
persons or property prior to the tree being pruned or removed.
(b) Yard waste management; composting and use of mulches.
>QL Pad QUTP-44 Ar-161 own eg into stof:mwatem drains dite-Les >
6
Page 21 of 38
Agenda Item #2.
(1)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.
(2)Grass clippings shall be left on lawns. Grass clippings are a benefit to lawns,
replacing nutrients drawn from the soil and as mulch that helps retain moisture,
lessening the need to irrigate. Mulching mowers are recommended, because the grass
clippings are chopped very finely by special blades. If a conventional mower equipped
with a side discharge chute is used, when mowing near the shoreline, direct the chute
away from the waterbody and when mowing upland areas, direct the chute back onto the
yard, not onto the road or driveway.
(3)Mulches applied and maintained at appropriate depths in planting beds assist soils in
retaining moisture, reducing weed growth, and preventing erosion. A layer of organic
mulch three inches deep is recommended in plant beds and around individual trees in
turf areas. Use of byproduct or recycled mulch is recommended. Mulch beds shall be
specified on the landscape plan.
(c) Fertilizer management.
This section shall be known as the Village of Tequesta fertilizer-friendly use requirements.
(1) Applicability.
-&.L-L-L%ol%19 XXX -a- V%—f A- L,9,XX-L.L L-]L%WV, ,
> >
.,
This section 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 follows:
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.
7
Page 22 of 38
Agenda Item #2.
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 orb
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 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.
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(2) Definitions.
For this section, the following terms shall have the meanings set forth in this section unless
the context clearly indicates otherwise.
a. "Application" or "Apply" means the actual physical deposit of fertilizer to turf or
landscape plants.
b. "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.
C. "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.
d. "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
Villa e.
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Agenda Item #2.
e. "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.
f. "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf,
specialized turf, or landscape plants.
g. "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.
h. "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 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.
i. "Landscape Plant" means any native or exotic tree, shrub, or groundcover (excluding
•
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j. "Person" means any natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club, organization, and/or andgroup of
people acting as an organized entity
k. "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.
1. "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.
M."Turf," "Sod," or"Lawn" means a piece of grass-covered soil held together by the roots
of the grass..
n. "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.
o. "Village"means Village of Tecluesta.
(3) 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, 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
.v •
required in this article.
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Agenda Item #2.
(4) Purpose and Intent.
This section 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.
(5) 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
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Agenda Item #2.
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.
_L6)-(4)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 301h 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.
Outside of this rainy season period and prohibited times, fertilizers containing
nitrogen and/or phosphorus shall only be applied to turf or landscape plants during
growth periods, not during dormant periods.
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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.
c. In no case shall fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during times which a flood, tropical storm, or hurricane watch or
warning issued by the National Weather Service is in effect for any portion of Palm
Beach County.
Fertilizer application practices.
a. Spreadable 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.
b. Fertilizer shall not be applied, spilled or otherwise deposited on any impervious
surface.
C. Any fertilizer applied, spilled or deposited, either intentional or accidentally, on
any impervious surface shall be immediately and completely removed to the
greatest extent practicable.
d. Fertilizer releases on an impervious surface shall be immediately contained and
either legally applied to turf or any other legal site, or returned to the original or
other appropriate container.
e. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains, ditches, conveyance, or water bodies.
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Agenda Item #2.
(8) Fertilizer free zones.
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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(y 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.
(9) 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 pro_r
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.
®(10) 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 Building Department. It
is the responsibility of the business owner to maintain the "Florida-Friendly Best
Management Practices for Protection of Water Resources by the Green Industries"
certificate to receive his business tax receipt annuall .
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
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Page 27 of 38
Agenda Item #2.
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
• .v
obtaining a local business tax certificate. Standard business tax receipt (BTR) and
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transaction fees shall apply.
(11) Enforcement and penalty_.
The provisions of this section shall be enforced by the village's code enforcement
board or special magistrate pursuant to the authority granted by F.S. § 162.01 et
sect., as amended, and chapter 2 of the Tequesta Code of Ordinances, as amended.
a) 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.
b) 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.
Section 5:
Sec. 78-416, is hereby amended by deleting it in its entirety as follows:
Section 6: Each and every other section and subsection of Chapter 78, Zoning, shall remain in
full force and effect as previously enacted.
Section 7: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 8: Should any Section or provision of this Ordinance or any portion thereof any
paragraph, sentence or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder of this Ordinance.
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Page 28 of 38
Agenda Item #2.
Section 9: Specific authority is hereby granted to codify this Ordinance.
Section 10: This Ordinance shall become effective immediately upon passage.
Upon Second Reading this_ day of 2020, the foregoing Ordinance was offered by
Council Member who moved its adoption. The motion was seconded by
Council Member and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan
Vice-Mayor Kyle Stone
Council Member Laurie Brandon
Council Member Frank D'Ambra
Council Member Bruce Prince
The Mayor thereupon declared the Ordinance duly passed and adopted this day of
2020.
MAYOR OF TEQUESTA
Abigail Brennan
ATTEST:
Lori McWilliams, MMC
Village Clerk
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