Ord. 14-07 – Approved

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[ Code of Ordinances ]
Ord. 14-07 – Approved

ORDINANCE NO. 14 – 07

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, RELATING TO STORMWATER RUNOFF AND FERTILIZERS; AMENDING CHAPTER 18, TOWN CODE; AMENDING SEC. 18-11 – DEFINITIONS; SEC. 18-13 – TIMING OF FERTILIZER APPLICATION; SEC. 18-14 – FERTILIZER FREE ZONES, SEC. 18-15 – LOW MAINTENANCE ZONE AND SEC. 18-16 – FERTILIZER CONTENT AND APPLICATION RATES; PROVIDING FOR SEVERABILITY AND INTERPRETATION; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, one of the major sources of pollution in surface and ground water is from nutrients, such as phosphorous and nitrogen, from fertilizer; and
WHEREAS, the Florida Department of Environmental Protection has conducted research and prepared the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes (herein: the “Model Ordinance”); and
WHEREAS, the Model Ordinance is a tool to reduce sources of nutrients coming from urban landscapes and impacting Florida surface and ground waters; and
WHEREAS, pursuant to Section 403.067(4), Florida Statutes, the Florida Department of Environmental Protection has determined that the waters of the Indian River Lagoon adjacent to the Town of Indialantic are “impaired by nutrients”; and
WHEREAS, Section 403.9337(2), Florida Statutes, provides that “[e]ach county and municipal government located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the department’s Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes”; and
WHEREAS, Section 403.9337(2), Florida Statutes, provides that a local government may adopt standards more stringent than the Model Ordinance; and
WHEREAS, the Town has a program to address non-point source of nutrient loading to the Indian River Lagoon by maximizing the use of existing street side swales along with monitoring existing swales; and
WHEREAS, the Town’s program is based on the November 1991 Stormwater Drainage Report which sought to determine a cost feasible method to reduce pollutants from stormwater that enters the Indian River Lagoon; and
WHEREAS, the Town Council adopted the Model Ordinance on April 20, 2010; and
WHEREAS, the Town Council has determined that the adoption of this Ordinance, which is based on but is more stringent than the Model Ordinance, will promote the public health, safety, and welfare, by assisting in reducing pollution in the Indian River Lagoon and reducing polluted stormwater runoff; and
WHEREAS, the Zoning and Planning Board, sitting as both the Zoning and Planning Board and the Local Planning Agency (LPA), has found this Ordinance to be consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan; and
WHEREAS, the Town Council adopts the LPA’s findings as its own.

NOW, THEREFORE, BE IT ENACTED by the Town of Indialantic, Florida:
SECTION 1. That Sec. 18-11 of the Town Code of the Town of Indialantic is hereby amended as follows:
Sec. 18-11. DEFINITIONS.
For this article, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise.
* * * * *
(l) “Low Maintenance Zone” means an area consisting of a minimum of twenty-five six (6) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, and similar types of activities.
* * * * *
(p) “Restricted Application Period” means June 1 through September 30.
(p)(q) “Slow Release”, “Controlled Release”, “Times 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.
(q)(r) “Town Manager” means the Town Manager of the Town of Indialantic, or an administrative official of the Town government designated by the Town Manager to administer and enforce the provisions of this article.
(r)(s) “Turf”, “Sod”, or “Lawn” means a piece of grass-covered soil held together by the roots of the grass.
SECTION 2. That Sec. 18-13 of the Town Code of the Town of Indialantic is hereby amended to read as follows:
Sec. 18-13. TIMING OF FERTILIZER APPLICATION.
No Applicator shall apply Fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period or during the Restricted Application Period.
SECTION 3. That Sec. 18-14 of the Town Code of the Town of Indialantic is hereby amended to read as follows:
Sec. 18-14. FERTILIZER FREE ZONES.

Fertilizer shall not be applied within twenty-five (25) feet ten (10) feet, or three (3) feet if a deflector shield or drop spreader is used, of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (see Chapter 62-340, Florida Administrative Code) or from the top of a seawall. Newly planted turf and/or landscape plants may be fertilized in this zone only for the first sixty (60) day establishment period, but caution shall be used to prevent direct deposition of nutrients into the water.
SECTION 4. That Sec. 18-15 of the Town Code of the Town of Indialantic is hereby amended to read as follows:
Sec. 18-15. LOW MAINTENANCE ZONE.

A voluntary twenty-five (25) six (6) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. No mowed or cut vegetative material should 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.
SECTION 5. That Sec. 18-16 of the Town Code of the Town of Indialantic is hereby amended to read as follows:
Sec. 18-16. FERTILIZER CONTENT AND APPLICATION RATES.

(a) Fertilizers applied to turf and/or landscape plants with the Town shall be formulated and applied in accordance with Rule 5E-1.003(2), Florida Administrative Code.
(b) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above unless a soil or tissue deficiency has been verified by an approved test.
(b) No fertilizer containing phosphorus shall be applied to turf or landscape plants unless a soil or tissue deficiency has been verified by an approved test.
(c) The nitrogen content of fertilizer applied to turf or landscape plants shall contain at least fifty percent (50%) slow release nitrogen.
SECTION 6. Severability/Interpretation.
(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.
(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken through are deletions from existing text.
(3) Asterisks (* * *) indicates a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinance denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.
SECTION 7. Effective Date. This ordinance shall take effect immediately upon adoption.
PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of _____________, 2014, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of __________, 2014.
TOWN OF INDIALANTIC

ATTEST:
_________________________
David Berkman
Mayor
__________________________
Laura Eaton, CMC (TOWN SEAL)
Town Clerk