HomeMy WebLinkAboutDocumentation_Regular_Tab 11_3/11/2021Agenda Item #11 0
Regular Council
STAFF MEMO
Meeting: Regular Council -Mar 11 2021
Staff Contact: Keith Davis, Village Attorney
TITLE
Department: Community Development
ORDINANCE NO. 01-21, SECOND READING, 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 "FLORIDA FRIENDLY
LANDSCAPING" REQUIREMENTS FOR FERTILIZER USE THROUGHOUT THE VILLAGE;
AMENDING DEFINITIONS, REVISING SHORELINE CONSIDERATIONS; UPDATING
MAINTENANCE, YARD WASTE AND FERTILIZER MANAGEMENT PROVISIONS; INCLUDING
PROVISIONS FOR APPLICABILITY, FINDINGS, PURPOSE AND INTENT, LICENSING AND
TRAINING OF APPLICATORS, FERTILIZER CONTENT AND APPLICATION RATES, TIMING AND
BEST PRACTICES FOR APPLICATION, AND DESIGNATION OF FERTILIZER FREE ZONES;
PROVIDING FOR ENFORCEMENT OF VIOLATIONS AND PENALTIES; PROVIDING FOR
INTERNAL CONSISTENCY; 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.
ORDINANCE NO. 01-21
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 "'FLORIDA FRIENDLY LANDSCAPING" REQUIREMENTS FOR FERTILIZER USE
THROUGHOUT THE VILLAGE; AMENDING DEFINITIONS, REVISING SHORELINE CONSIDERATIONS; UPDATING
MAINTENANCE, YARD WASTE AND FERTILIZER MANAGEMENT PROVISIONS; INCLUDING PROVISIONS FOR
APPLICABILITY, FINDINGS, PURPOSE AND INTENT, LICENSING AND TRAINING OF APPLICATORS, FERTILIZER CONTENT
AND APPLICATION RATES, TIMING AND BEST PRACTICES FOR APPLICATION, AND DESIGNATION OF FERTILIZER FREE
ZONES; PROVIDING FOR ENFORCEMENT OF VIOLATIONS AND PENALTIES; PROVIDING FOR INTERNAL CONSISTENCY;
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.
Fertilizer Management 2020 Final First Reading
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Agenda Item #11 0
First Reading February 11, 2021
ORDINANCE NO. 01-21
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 "FLORIDA FRIENDLY
LANDSCAPING" REQUIREMENTS FOR FERTILIZER USE
THROUGHOUT THE VILLAGE; AMENDING DEFINITIONS,
REVISING SHORELINE CONSIDERATIONS; UPDATING
MAINTENANCE, YARD WASTE AND FERTILIZER MANAGEMENT
PROVISIONS; INCLUDING PROVISIONS FOR APPLICABILITY,
FINDINGS, PURPOSE AND INTENT, LICENSING AND TRAINING OF
APPLICATORS, FERTILIZER CONTENT AND APPLICATION RATES,
TIMING AND BEST PRACTICES FOR APPLICATION, AND
DESIGNATION OF FERTILIZER FREE ZONES; PROVIDING FOR
ENFORCEMENT OF VIOLATIONS AND PENALTIES; PROVIDING
FOR INTERNAL CONSISTENCY; 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 of the Village of Tequesta has received the strong
recommendation of the Village's Environmental Advisory Committee to adopt revisions and
updates to the Village's current fertilizer management code; and
WHEREAS, the Village's Environmental Advisory Committee's recommendation is
based upon the committee's thorough research and analysis which is also supported by third
party stakeholders including but not limited to the Loxahatchee River Environmental Control
District; and
WHEREAS, having carefully considered the above recommendations and support, the
Village Council of the Village of Tequesta now desires to update its "Florida Friendly
Landscaping" requirements pertaining to fertilizer use throughout the Village; and
WHEREAS, the Village Council has determined that the adoption of these code
amendments will serve 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:
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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
this Division and the Village's current "Florida Friendly Landscaping" requirements pertaining
to fertilizer use throughout the Village, amending definitions, revising shoreline considerations;
updating maintenance, yard waste and fertilizer management provisions; including provisions for
applicability, findings, purpose and intent, licensing and training of applicators, fertilizer content
and application rates, timing and best practices for application, and designation of fertilizer free
zones; providing for enforcement of violations and penalties; providing for internal consistency;
providing that Division 4. Landscaping, shall hereafter read as follows:
Chapter 78 — ZONING
ARTICLE IX. — SUPPLEMENTAL REGULATIONS
DIVISION 4. — LANDSCAPING
Sec. 78-391. —Purpose and intent.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-392. — Applicability.
(a) The provisions of this division shall apply to the development, redevelopment,
rehabilitation, and maintenance of all property within the Village of Tequesta, as
specified herein. Whenever regulations or restrictions imposed by this ordinance
conflict with other ordinances or regulations, or are either more or less restrictive than
regulations or restrictions imposed by any governmental authority though legislation,
rule or regulations, the regulations, rules or restrictions which are more restrictive or
which impose the highest standards or requirements shall govern.
(1) No permit shall be issued for new construction for building or paving, or for
new landscaping installation or landscaping renovation in excess of 50 percent
of the estimated value of the existing landscaped areas unless the landscape
plans and specifications comply with the provisions hereof; and no certificate of
occupancy, certificate of completion or similar final approval shall be issued
until the requirements herein are met.
(2) All village facilities will be managed in accordance with Florida Friendly
Landscaping practices by March 31, 2013. All new and renovated Village
facility landscapes will be designed in accordance with these principles and be
constructed and installed using Florida -Friendly landscape materials. Parks,
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open spaces and trails will be designed with these principles in mind, as
applicable. All village landscape service contractors will adhere to these
practices. All new bid specifications and contracts will reflect this requirement
beginning one year after the approval of this regulation.
(3) Specific application of the Florida -Friendly landscape provisions of this division
shall include, but not be limited to:
a. All new landscapes for private development projects including, but not
limited to, commercial, residential, mixed use and recreation projects,
including new single-family and two-family homes;
b. Developer -installed landscapes at entrances into and common areas of
single-family and multi -family projects;
C. Any development approved prior to April 12, 2012, if the site plan or
other permit guiding landscaping is thereafter amended or modified to an
extent greater than fifty (50) percent of the value of the existing
development.
(b) Exempted from the provisions of the Florida -Friendly landscape requirements (note:
not irrigation requirements) are the following, as applicable:
(1) Bona fide agricultural activities as defined in the Florida Right to Farm Act, F.S.
823.14;
(2) Other properties not subject to or covered under the Florida Right to Farm Act
that have pastures used for grazing of livestock;
(3) Athletic fields;
(4) Golf course practice and play areas; however, all golf course landscaping
comply with 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 such
practice and play areas;
(5) Any development with an approved site plan or valid building permit issued
prior to April 12, 2012, subject to the modifications listed above;
(6) Turfgrass in a dedicated stormwater management area or canal maintenance area
or similar and shall not be calculated in the percentages of turfgrass;
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(7) Public parks and other play areas indicated on an approved site plan;
(8) Cemeteries;
(9) Rights -of -way for public utilities, including electrical transmission and
distribution lines, and natural gas pipelines;d
10 Vegetable gardens, however, vegetable gardens shall only be exempt from
fertilizer management requirements when located more than ten feet from any
water body or wetland;
11 Any lands used for bona fide scientific research, includinu, but not limited to,
research on the effects of fertilizer use on urban stormwater, water quality,
agronomics, or horticulture.
(c) Exemptions to the requirements of this division may be granted by variance for
individual projects if the applicant can demonstrate that compliance will be impractical
and will result in an undue hardship.
See. 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.
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.
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Code Enforcement Officer. Official. or Insyector: Any designated employee or agent of
the Village whose duty it is to enforce codes and ordinances enacted by the Village.
both.
Constant pressure/flow control: A device that maintains a constant flow, or pressure, or
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.
��1� i�J�1R� �l.l�l�it/ �...I.\ �1� � l�i�J ��1� i•J�1R� �l.lR�A2t�1.t�1�J � � � •
ni�s�■ M; ziI a0L101 WAOLVAL.,amIL rim•. _s•�R��..s:..n=��.������..��������R��=�..��► .�WAwe ..�.�;aaMIL—A01
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Filter: A device in irrigation distribution systems that separates sediment or other foreign
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
(internodal cutting) larger than one inch in diameter within the tree's crown.
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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.
> >
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.
Landscape Plant: Any native or exotic tree, shrub, or roundcover (excludin turf).
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.
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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
(http://www.florida.plantsatals.usf.edu/). Native vegetation shall consist of those plant species
indigenous to the ecological communities of South Florida.
Person: 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.
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.
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Planting plan: Specifications and installation details for plant materials, soil
amendments, mulches, edging, gravel, and other similar materials.
supply.
Point of connection: The location where an irrigation system is connected to a water
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.
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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 tuNfgrass: 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.
Village: The Village of Teauesta, Florida.
Water use zone: See "Hydro zone".
See. 78-394. - Florida -friendly landscaping general provisions; design standards.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
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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 ri�•�.,-.„-�, � i� ��', Lilt not
m :4X d+e adrequired 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.
Sec. 78-396. —Turf areas and soils.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED]
Sec. 78-397. —Prohibited plant species.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED]
Sec. 78-398. -Irrigation.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED]
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
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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.
(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
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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.
11. 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.
111. 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.
(1) In no case shall grass clippings, vegetative material, and/or vewetative debris be
washed, sweat, 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 aracticable.
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(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 part shall be known as the Village of Tequesta fertilizer -friendly management code.
W Applicability.
This part 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 by Sec. 78-392, or
as follows:
a. 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,-
b. The use of reclaimed water for irri ation;
C. 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;
d. 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 Bart, the following terms shall have the meanings set forth herein -below
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.
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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, includinu economic and technological considerations, for
improving water duality, conserving water supplies and protecting natural
resources.
d. "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 em Dover of the applicators.
e. "Fertilize,"Fertilizing," or "Fertilization" means the act of app v
fertilizer to turf, specialized turf, or landscape plants.
f. "Fertilizer" means any substance or mixture of substances that contains
one or more recognized plant nutrients and promotes plant arowth, or
controls soil acidit or alkalinity, or provides other soil enrichment, or
provides other corrective measures to the soil.
9=- "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.
h. "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
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which extends its availability to the Dlant longer than a reference rabid or
quick release product.
'"Specialized turf' means areas of grass used for athletic fields, activity
fields, parks, cemeteries, and other similar areas.
k. "Specialized turf manager"' means a person responsible for fertilizer or
directing the fertilization of "specialized turf'
1. "Urban landscape" means pervious areas on residential, commercial,
industrial, institutional, highway rights -of -way, or other nonauricultural
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.
W 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" should be included in this Dart.
W Purpose and Intent.
This part 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 part 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 Villa re 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 hohorus and
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nitrogen contained in fertilizer, is anticipated to help improve and maintain water
and habitat quality.
(5) Fertilizer content and application rates.
��e�t�iae�s--�e��e t�xi�—an�����V Vt#iX X t�e�i��g�e€
e� t�e�e�t�i��r i. .a i.., n„lo c�i�AA3EZ , 't�ege��e�
n�r;C-IL JL L F e�i„a ie�t�i�e�s-�ka� ��-a'JL ' �%W %4e�%/e�
pr^v�cr `ccrroi v�t�3e �r@^ct�eir�--virt�3e�e�ti�i�p'" 1'^" "1p"S-$ei�-vi pis`ii�t t�'sr'ac
a. Fertilizers containing nitrogen allied to Turf and/or Landscapin Plants
within the Village 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 iprovided 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
ired
application rate, and frequency maximums, which vary by plant and turf
types, can be found on the labeled fertilizer bag or container.
b. Nitrojjen or phosphorus fertilizer shall not be �lied to Turf or Landscape
Plants excebt 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.
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Fertilizer used at parks or athletic fields shall be allied in accordance
with Rule 5E-1.003(2). Florida Administrative Code.
�6 (4) Timing of fertilizer application.
a. Ear-sh�„'��e� te��t�i����t�i�e�cent-a��g
. No applicator shall apply fertilizers containing
nitrogen and/or phosphorus to Turf and/or Landscape Plants during the
rainy season period from June 1 St through September 30th 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.
b. Fertilizer containing nitrogen and/or phosphorous shall not be applied
before seeding or sodding a site. and shall not be abblied 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.
7 (5) 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.
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Agenda Item #11.
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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.
(4) Fertilizer free zones. r*J' J �ArLY LY'� �e�i �t r �
> >
w te-. 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 ineriod 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 annlicators 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 UnivergW of
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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 Manauement Practices 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 Villaue 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
Der 5E-14.117(18) F.A.C.
Sec. 78-400. —Landscape plans.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-401. —Compatibility with streetscape plans.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-402. —Landscaping on single-family and duplex lots.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
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Agenda Item #11.
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Sec. 78-403. — Landscaping abutting residential areas; perimeter planting strip required
for parking areas.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-404. — Groundcover and trees in planting strips.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-405. — Accessways through landscaped areas.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-406. —Interior landscaping or parking areas.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-407. —Planting strip for parking areas abutting other parking area.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-408. —Percentage of landscape coverage required.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-409. —Landscaping around principal structures.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-410. — Notice of violation.
If the owner, tenant, or agent, jointly or severally, shall fail to meet the requirements of
this division as to landscaping or irrigation system maintenance, or if the existing trees,
shrubbery, grass or ground covering shall be permitted to die, either intentionally or
unintentionally, and is not replaced by the owner, tenant or agent of the real property involved
within 30 days of the event occurring, unless exempt ursuant to Villa _ e Code Sec. 50-236, then
the building official, code enforcement officer, or their respective designees, shall notify in
writing the person responsible for the maintenance or replacement of same to comply with the
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Agenda Item #11.
First Reading February 11, 2021
requirements of this division within 30 days from date of delivery of the notice. Failure to
comply with the requirements of this section shall constitute a violation of this division.
Sec. 78-411. — Show cause hearing; right of village to do work and assess costs; additional
remedies.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-412. —Assessment to constitute lien.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-413. —Performance surety.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-414. —Education.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-415. —Incentives.
[THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED]
Sec. 78-416. - Enforcement and monitoring.
The provisions of this division shall be enforced by the Village's code enforcement
special magistrate pursuant to the authority granted by F.S. § 162.01 et sea., as amended, and
Chatter 2 of the Teauesta Code of Ordinances. as amended. TT�r'L4o " %a
ShnL%n.+ nWLJW1��
Section 2: Each and every other section and subsection of Chapter 78, Zoning, shall
remain in full force and effect as previously adopted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
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Section 4: 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.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon adoption.
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