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O-2022-011 ORDINANCE NO. 2 ---- 3 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI 4 SHORES VILLAGE, FLORIDA, RELATING TO ZONING, 5 APPENDIX "A", AMENDING ARTICLE V, DIVISION 17, 6 "LANDSCAPE", ADDING SECTION 539, "FERTILIZER 7 STANDARDS"; PROVIDING FOR CONFLICTS, CODIFICATION, 8 SEVERABILITY AND AN EFFECTIVE DATE. 9 1 O WHEREAS, the Florida Department of Environmental Protection has 11 identified specific water bodies in Miami Dade County as "impaired" 12 as a result of excess nutrients under the Florida Impaired Waters Rule 13 (Chapter 62-303, Florida Administrative Code); and 14 15 WHEREAS, Florida Statute. Section 403.9337 requires that local 16 governments located within the watershed of a water body or water 17 segment that is listed as impaired by nutrients pursuant to Florida 18 Statute, Section 403.067, adopt an ordinance for Florida-Friendly 19 fertilizer use on landscapes; 20 21 WHEREAS, surface water runoff containing excess nutrients leaves 22 residential neighborhoods, community properties, commercial 23 centers, industrial areas, and other lands with low permeability soils; 24 and 25 26 WHEREAS, base-flow runoff containing excess nutrients flows from 27 residential neighborhoods, community properties, commercial 28 centers, industrial areas, and other high permeability soils; and 29 30 WHEREAS, surface water and base-flow runoff containing excess 31 nutrients enters into natural and artificial storm-water and drainage 32 conveyances and natural water bodies; and 33 34 WHEREAS, the detrimental effects of nutrient-laden runoff are 35 magnified in a coastal community such as Miami Shores Village, due 36 to the proximity of storm-water and drainage conveyances to coastal 37 waters; and 38 39 WHEREAS, nutrient-laden runoff fosters plant and algae growth; 40 and 41 Page 1 of9 Additions shown by underlining and deletions shown by oa::ersffiking. 2022-01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, the quality of our water is critical to environmental, economic and recreational prosperity and to the health, safety and welfare of the citizens of Miami Shores Village; and WHEREAS, leaching and runoff of nutrients from improper landscaping or excess fertilization practices upstream of as well as in Miami Shores Village may contribute to nitrogen and phosphorus pollution in storm-water and drainage conveyances and natural water bodies; and WHEREAS, nitrogen and phosphorus pollution in the Village's storm-water and drainage conveyances and natural water bodies leads to the overgrowth of vegetation in these waterways; and WHEREAS, this ordinance is part of an effort by Miami Shores Village to reduce nutrient runoff through such policies as, but not limited to, storm-water management, water conservation, management of septic systems, public education, and development standards as set forth in the Miami Shores Village Comprehensive Master Plan. NOW, THEREFORE, BE IT ENACTED BY THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AS FOLLOWS: 1)Section One: Article V, Division 17-Landscaping, of the Zoning Appendix of the Village Code is hereby amended so as to add a new Section 539 as follows: Section 539 -FLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES ( 1)Definitions. For the purposes of this article. the following words and phrases shall have the meanings respectively ascribed to them by this section unless the context clearly indicates otherwise. Application for] apply. or variants thereof means the actual physical dep osit of fertilizer to turf or landscape plants. Page 2 of9 Additions shown by underlining and deletions shown by or,crstrikiag. 1 Applicator means any person who applies fertilizer on turf and/or 2 landscape plants in the Village. 3 Best management practices means turf and landscape practices or 4 combination of practices based on research, field-testing, and expert 5 review determined to be the most effective and practicable on-location 6 means, including economic and technological considerations, for 7 improving water quality, conserving water supplies, and protecting natural 8 resources. 9 Commercial fertilizer applicator or commercial applicator means any IO person who applies fertilizer on turf and/or landscape plants in the Village 11 in exchange for money, goods, services, or other valuable consideration. 12 Fertilize, fertilizing, or fertilization means the act of applying fertilizer to 13 turf, specialized turf, or landscape plants. 14 Fertilizer means any substance or mixture of substances (except 15 pesticide/fertilizer mixtures such as "weed and feed" products), that 16 contains one or more recognized plant nutrients and promotes plant 17 growth, controls soil acidity or alkalinity, provides other soil enrichment, or 18 provides other corrective measures to the soil. 19 Institutional applicator means any person other than a non-commercial or 20 commercial applicator (unless such definitions also apply under the 21 circumstances) that applies fertilizer for the purpose of maintaining turf 22 and/or landscape plants. Institutional applicators shall include, but shall 23 not be limited to, owners and managers of public lands, schools, parks, 24 religious institutions, utilities, industrial or business sites, and any 25 residential properties maintained in condominium and/or common 26 ownership. 27 Landscape plant means any native or exotic tree, shrub, or groundcover 28 (excluding turf). 29 Low maintenance zone means an area a minimum of ten feet wide 30 adjacent to watercourses which is planted and managed in a fashion so 31 as to minimize the need for fertilization, watering, mowing, etc. 32 Person means any natural person, business. corporation, limited liability 33 company, partnership, limited partnership, association, club. organization, 34 or group of people acting as an organized entity. 35 Prohibited application period means the time period during which a flood 36 watch or warning, a tropical storm watch or warning, or a hurricane watch 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 or warning issued by the National Weather Service is in effect for any portion of the Village, or if heavy rain is likely. Restricted application period means June 1 through September 30. Saturated soils soil which has absorbed water or other liquid to the extent that any additional water or liquid may cause ponding at the surface for a period of twelve ( 12) hours or more Slow release, controlled release, timed release. slowly available. or water inso luble 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. Turf, sod. or lawn means a piece of grass-covered soil held together by the roots of the grass. (2)Applicability. This section shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the Village unless: 1)Such applicator is specifically exempted by the terms of this article from the regulatory provisions of this ordinance; 2)Or an existing contract is in effect at the time this ordinance passes which provides other regulatory provisions in which case such contractual provisions shall govern only until such existing contract terminates, expires, or is amended; 3)Or during any declared state of emergency. This section 539 shall apply prospectively only and shall not impair any existing contracts. (3)Time of fertilizer application. (a} No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the prohibited application period or to saturated soils. In addition. fertilizer containing nitrogen or phosphorus shall not be applied to turf or landscape plants during the restricted application period. which is defined as June 1 to September 30. (b)Fertilizer shall only be applied to actively growing vegetation. (c)Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site and shall not be applied for the first 30 Page 4 of9 Additions shown by underlining and deletions shown by o, crstrilcing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 days after seeding or sodding (except when hydro-seeding for temporary or permanent erosion control in an emergency situation, or in accordance with the storm-water pollution prevention plan for that site). (4)Fertilizer free zones. Fertilizer shall not be applied within 15 feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection ("FDEP"), currently codified in Fla. Admin. Code 62-340, or from the top of a seawall. If more stringent Miami Dade County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this zone only for a 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 nutrients into the water. (5)Low maintenance zones. A voluntary ten-foot low maintenance zone is strongly recommended, but not mandated, adjacent to any pond. stream, water course, lake, or wetland. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone, to capture and filter runoff. If more stringent Miami Dade County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material should be deposited or left remaining in the low maintenance zone or deposited in the water. Care should be taken to prevent the over-spray of aquatic weed products in the low maintenance zone. Care must be taken to ensure erosion of the surface soil does not occur. Excessive erosion may result in additional pollution hazard. (6)Fertilizer content and application rates. (a)Fertilizers applied to turf and/or landscape plants within the city shall be applied to turf and/or landscape plants at the lowest recommended rate according to the "Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, December 2008", as updated, with no more than four pounds of nitrogen per 1,000 square feet applied in any calendar year. (b)Liquid fertilizers containing nitrogen applied to turf and/or landscape plants within the city shall not be applied at a rate that exceeds 0.5 pounds per 1,000 square feet per application. Page 5 of9 Additions shown by underlining and deletions shown by O\'erstflk:-iftg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 {8) Licensing of commercial applicators. {a) All commercial applicators of fertilizer within the Village shall abide by the teachings of. 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 FDEP through the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) "Florida-Friendly Landscapes" program prior to obtaining a Village local 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 Department of Code Compliance when applying for the BTR within 180 days of the effective date of this article. (b)All businesses of any category of occupation who apply fertilizer to turf and/or landscape plants {including but not limited to application to residential lawns. commercial properties, and/or multi-family and condominium properties) must ensure and demonstrate that at least one employee has an appropriate "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a BTR. (9)Enforcement. (a)Penalties. Any violation of provision of this ordinance shall be punishable pursuant to the provisions of Chapter 2 Section 2-81. The Village. including its departments. boards, and agencies, may take any and all appropriate action to enforce the provisions of this section. The use of one remedy shall not preclude the use of another. * * * Section 2. Conflicting Provisions. The provisions of the Code of Ordinances of Miami Shores Village, Florida and all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed but only to the extent of such conflict. Section 3. Severability. The prov1s1ons of this Ordinance and the code amendment described herein are declared to be severable, and if any sentence, section, clause or phrase shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sentences, sections, clauses or phrases thereof, but they shall remain in effect it being the legislative intent that such provisions shall stand notwithstanding the invalidity of any part. Page 8 of9 Additions shown by underlining and deletions shown by overstriking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (9)Exemptions. The provisions set forth in this article shall not apply to: ( 1)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, if applicable in the Village. (2)Fruit trees and shrubs, provided that fertilizer application rates do not exceed University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) recommendations. (3)Vegetable gardens, owned or maintained by individual property owners or a community, provided that fertilizer application rates do not exceed UF/IFAS recommendations per SP 103 Florida Vegetable Gardening Guide, December 2008, as amended. (4)Yard waste compost, mulches, or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil. (5)Tree trunk injection fertilization treatments that are performed by a certified arborist. (6)Golf courses. For all golf courses, the provisions of the Florida Department of Environmental Protection document. titled "BMPs for the Enhancement of Environmental Quality on Florida Golf Courses, January 2007", as amended, shall be followed when applying fertilizer to golf courses. (7)Training. (a)All commercial and institutional applicators of fertilizer within the Village shall abide by the teachings of, 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 FDEP through the University of Florida Extension "Florida­ Friendly Landscapes" program. (b)Private,non-commercial applicators should follow the recommendations of the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) Florida Yards and Neighborhoods program when applying fertilizers. Page 7 of9 Additions shown by underlining and deletions sho\vn by overstriking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (c)Granular fertilizers containing nitrogen applied to turf and/or landscape plants within the city shall contain at least 50 percent slow release, controlled release, timed release, slowly available, or water insoluble nitrogen per guaranteed analysis label. Caution should be used to prevent direct deposition of nutrients in the water. (d)No fertilizer containing phosphorus shall be applied to turf and/or landscape plants within the city, except where a phosphorus deficiency has been demonstrated in the soil underlying the turf and/or landscape plants by a soil analysis test performed by a State of Florida certified laboratory. Any person who obtains a soil analysis test showing a phosphorus deficiency and who wishes to apply phosphorus to turf and/or landscape plants shall provide a copy of the test results to the city prior to the application of phosphorus. (7)Application practices. (a)Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be used and 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 applied to turf or any other legal site in accordance with section 539, or returned to the original or other appropriate container. (e)In no case shall fertilizer be washed, swept or blown off impervious surfaces into storm-water drains, ditches, conveyances, or water bodies. (8)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 storm-water drains, ditches, conveyances, water bodies, wetlands, sidewalks, or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. Page 6 of9 Additions shown by underlining and deletions shown by o, erstriking.