Chapter 18 ENVIRONMENTALLY SENSITIVE LANDS

ARTICLE I. WETLANDS PROTECTION

Sec. 18-1.  – 18-10.  Reserved.

Editor’s note:  Ord. 14-13 repealed Sec. 18-1 through 18-6 – Wetlands Protection – and incorporated it into C hapt. 16.5

ARTICLE  II. STORMWATER RUNOFF; FERTILIZER

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.

(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 within the town.

(c) “Approved Best Management Practices Training Program” means a training program approved by the town manager that includes a minimum, the most current version of the Florida Department of Environmental Protection’s “Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008”, as revised and any more stringent requirements set forth in this article.

(d) “Best Management Practices” 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.

(e) “Code Enforcement Officer, Official, or Inspector” means any designated employee or agent of the Town whose duty it is to enforce codes and ordinances enacted by the Indialantic Town Council.

(f) “Commercial Fertilizer Applicator” means any Person who applies fertilizer on turf and/or landscape plants within the Town in exchange for money, goods, services or other valuable consideration.

(g) “Fertilize”, “Fertilizing”, or “Fertilization” means the act of applying fertilizer to turf, specialized turf, or landscape plants.

(h) “Fertilizer” means any substance or mixture of substances, except pesticide/fertilizer mixtures such as “weed and feed” products, 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.

(i) “Guaranteed Analysis” means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.

(j) “Institutional Applicator” means any Person, other than a non-commercial or 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 and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

(k) “Landscape Plant” means any native or exotic tree, shrub or groundcover (excluding turf).

(l) “Low Maintenance Zone” means an area consisting of a minimum of twenty-five (25) 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.

(m) “Pasture” means land used for livestock grazing that is managed to provide feed value.

(n) “Person” means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity.

(o) “Prohibited Application Period” means the time period during which a flood watch or warning, or a tropical storm watch or warning, or a hurricane watch or warning is in effect in any portion of the town, issued by the National Weather Service, or if heavy rain (i.e. rainfall that is equal to or greater than two inches in a twenty-four hour period) is likely.

(p) “Restricted Application Period” means June 1 through September 30.

(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.

(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.

(s) “Turf”, “Sod”, or “Lawn” means a piece of grass-covered soil held together by the roots of the grass. of the wetlands.
(Ord. 10-3, 2, 4-20-10; Ord. 14-07, 1, 4-21-14)

Sec. 18-12. APPLICABILITY. This article shall be applicable to and shall regulate any and all Applicators of Fertilizer and areas of Application of Fertilizer within the area of the Town, unless such applicator is specifically exempted by the terms of this article from the regulatory provisions of this article. This article shall be prospective only, and shall not impair any existing contracts.(Ord. 10-3, 3, 4-20-10)

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. (Ord. 10-3, 4, 4-20-10; Ord. 14-07, 2, 4-21-14)

Sec. 18-14. FERTILIZER FREE ZONES. Fertilizer shall not be applied within twenty-five (25) feet 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 a sixty (60) day period beginning thirty (30) days after planting, but caution shall be used to prevent direct deposition of nutrients into the water. (Ord. 10-3, 5, 4-20-10; Ord. 14-07, 3, 4-21-14; Ord. 10-09, 1, 6-11-14)

Sec. 18-15. LOW MAINTENANCE ZONE. A voluntary twenty-five (25) 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. (Ord. 10-3, 6, 4-20-10; Ord. 14-07, 4, 4-21-14)

Sec. 18-16. FERTILIZER CONTENT AND APPLICATION RATES.
(a) Fertilizers applied to turf within the Town shall be applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements for Urban Turf Fertilizers.
(b) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above for turf, or in UF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, 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.
(d)Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first thirty (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 that site.
(Ord. 10-3, 7, 4-20-10; Ord. 14-07, 5, 4-21-14; Ord. 14-09, 2, 6-11-14)

Sec. 18-17. APPLICATION PRACTICES.

(a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands.

(b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.

(c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable.

(d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container.

(e) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. (Ord. 10-3, 8, 4-20-10)

Sec. 18-18. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER.

In no case shall grass clippings, vegetative material, and/or vegetative debris either intentionally or accidentally, be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. (Ord. 10-3, 9, 4-20-10)

Sec. 18-19. EXEMPTIONS.

The provisions set forth above in this article shall not apply to: (a) bona fide farm operations as defined in Florida Right to Farm Act, Section 823.14, Florida Statutes; provided, that fertilizers are applied in accordance with the appropriate best management practices manual adopted by the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy for the crop in question. (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock provided that fertilizers are applied in accordance with the appropriate best management practices manual adopted by the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy for the crop in question. (Ord. 10-3, 10, 4-20-10)

Sec. 18-20. TRAINING

(a) All commercial and institutional applicators of fertilizer within the Town 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 Extension “Florida-Friendly Landscapes” program.

(b) Non-commercial 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 IFAS Florida Yards and Neighborhoods program when applying fertilizers. (Ord. 10-3, 11, 4-20-10)

Sec. 18-21. LICENSING OF COMMERCIAL APPLICATIONS

(a) All commercial applicators of fertilizer within the Town shall abide by and successfully complete training and continuing education requirements 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 IFAS “Florida-Friendly Landscapes” program prior to obtaining a Business Tax Receipt for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the Clerk’s office within 180 days of the effective date of this ordinance.

(b) 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 and shall provide proof of completion of the program to the Clerk’s office within 180 days of the effective date of this ordinance. (Ord. 10-3, 12, 4-20-10)