Item Q11 �`
County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: Q.11
Agenda Item Summary #8246
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289-2584
No
AGENDA ITEM WORDING: Approval to Advertise a Public Hearing for June 16, 2021, at the
Murray Nelson Government Center in Key Largo, to consider adoption of an Ordinance amending
Chapter 12 of the Monroe County Code of Ordinances to regulate the application and timing of
fertilizer use within unincorporated Monroe County.
ITEM BACKGROUND: The proposed ordinance amends Article II, Chapter 12, of the Code of
Ordinances of Monroe County, by adopting the proposed"Monroe County Ordinance for Florida-
Friendly Fertilizer Use on Urban Landscapes" in order to minimize the negative environmental and
land use-related effects of the misuse and overuse of fertilizer on landscapes within the
unincorporated areas of the Florida Keys.
This ordinance will establish minimum standards for Monroe County to (1)regulate the proper
application of fertilizer; (2)require proper training of commercial and institutional fertilizer
applicators; (3) establish training and certification requirements; (4) establish a prohibited
application period; and (5) specify allowable fertilizer application rates/methods, fertilizer-free
zones, low maintenance zones, and exemptions.
The benefits to the community include the reduction in costs of fertilizer if overuse is curtailed, the
potential cost savings (in taxpayer money) by reducing the need for expensive, large-scale mitigation
of impaired water bodies, and the improved water quality of near-shore water bodies that would
allow for safer and more enjoyable recreational, commercial, and tourism-related opportunities.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
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Q.11
Fertilizer Ordinance
Notice of Public Hearing
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Cost to Advertise Public Hearing ($165.00 Cost Estimate)
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
Cost to Advertise Public Hearing ($165.00 Cost Estimate)
REVIEWED BY:
Bob Shillinger Completed 05/04/2021 3:19 PM
Peter Morris Completed 05/04/2021 3:24 PM
Purchasing Completed 05/04/2021 3:40 PM
Budget and Finance Completed 05/04/2021 3:42 PM
Maria Slavik Completed 05/04/2021 3:51 PM
Liz Yongue Completed 05/04/2021 3:59 PM
Board of County Commissioners Pending 05/19/2021 9:00 AM
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2 � `
3
4
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5
6
7 ORDINANCE NO. -2021
8
9 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING CHAPTER 12 ("ENVIRONMENT AND NATURAL
11 RESOURCE PROTECTION") OF THE MONROE COUNTY CODE OF
12 ORDINANCES BY AMENDING ARTICLE H. ("RESERVED") TO ADOPT AND
13 INCORPORATE REGULATION OF THE "USE OR APPLICATION OF 2
14 FERTILIZERS", RELATING TO FLORIDA FRIENDLY FERTILIZER USE OR
15 APPLICATION WITHIN UNINCORPORATED MONROE COUNTY; PROVIDING
16 FOR DEFINITIONS, USE, TIMING OF FERTILIZER USE, CONTENT-BASED
17 FERTILIZER APPLICATION REQUIREMENTS; PROVIDING FOR
18 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS 0
19 INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
20 CODE OF ORDINANCES; PROVIDING FOR TRANSMITTAL TO THE
21 SECRETARY OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
22
23 WHEREAS, the Board of County Commissioners (`Board" or `BOCC") is the legislative body of c
24 Monroe County, Florida; and
25
26 WHEREAS, Monroe County has been designated an Area of Critical State Concern pursuant to Florida W
27 Statute Section 380.0552; and
28
29 WHEREAS, the waters surrounding the Florida Keys of Monroe County, Florida, are situated within the CL
30 boundaries of the Florida Keys National Marine Sanctuary and have, since July 26, 2001, been designated a
31 federal No Discharge Zone (NDZ) by the United States Environmental Protection Agency pursuant to Title 40,
32 Chapter I, Subchapter D,Part 140, Section 140.4(b)(1)(11), as may be amended from time to time; and >
33
34 WHEREAS, Monroe County Ordinance 14-2010 - Section 12-141, codified at Section 12-141 of Chapter
35 12 of the Monroe County Code of Ordinances (entitled "Environmental and Natural Resource Protection"), >
36 defines "County waters" as "[A]ny Monroe County waters, whether contained within boundaries naturally
37 artificially, or diffused,including,but not limited to the Gulf,bays, canals, estuaries, and wetlands; and
38 --
39 WHEREAS, County waters include those waters which are part of the State as being specified within
40 Monroe County pursuant to Section 7.44, Florida Statutes, and Article II, Section 1, Constitution of the State of M
41 Florida(Rev. 1968), waters out to three marine leagues, or waters in the immediate vicinity of county reefs."; see
42 also Section 7.44, Florida Statutes ("So much of the State of Florida as is situated south of the County of Collier 0
43 and west or south of the County of Miami-Dade, constitutes the County of Monroe."); and u
44
45 WHEREAS, Section 403.9337(2), Florida Statutes, enacted pursuant to Chapter 2009-199, Laws of W
46 Florida,; provides that "[e]ach county and municipal government located within the watershed of a water body or "-
Also known as the"Florida Keys Area Protection Act."Fla. Stat. §380.0552(l).
2 Enacted pursuant to Chapter 2009-199,Laws of Florida.
3 Approved by the Governor of Florida on June 181h,2009,and legally effective as of July Pt,2009.
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47 water segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the
48 Department's Model Ordinance for Florida-Friendly use on Urban Landscapes"; and
49
50 WHEREAS, Section 403.9337(2)(a)-(b), Florida Statutes,provides that"A local government may adopt C
51 additional or more stringent standards than the model ordinance if the following criteria are met: The local 9
52 government has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrient
53 pollution which is science-based, and economically and technically feasible, that additional or more stringent
54 standards than the model ordinance are necessary in order to adequately address urban fertilizer contributions to N
55 nonpoint source nutrient loading to a water body. The local government documents that it has considered all E
56 relevant scientific information, including input from the department, the institute, the Department of Agriculture
57 and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences,if provided, on
58 the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality
59 degradation. All documentation must become part of the public record before adoption of the additional or more
60 stringent criteria"; and
61 0
62 WHEREAS, the quality of fresh and salt water bodies, wetlands, mangroves, seagrass(es), and other 2
63 natural native features of Monroe County, is critical to the environmental, economic, and recreational prosperity 0
64 of Monroe County, and to the health, safety, and welfare of the residents of and visitors to Monroe County; and 0
65
66 WHEREAS, fertilizer contains nutrients like nitrogen and phosphorous, which are components of 'a
67 landscape fertilizers, and are known to be captured in runoff that is deposited in Monroe County nearshore waters
68 and waterways; and
69
70 WHEREAS, the amount of fertilizer used or applied to a given landscape and the method of use or U
71 application have potential for creating adverse nutrient pollution; and 0
72
73 WHEREAS, Monroe County's natural and artificial stormwater and drainage conveyances regulate the
74 flow of stormwater to prevent or mitigate flooding; and
75 c,
76 WHEREAS, surface water runoff and base flow runoff flows from residential, commercial, and industrial
77 developments, and other lands of Monroe County, enter(s) into natural and artificial stormwater and drainage a.
78 conveyances and natural water bodies in Monroe County; and
79
80 WHEREAS, leaching and runoff of nutrients from improper or excessive fertilizer use or application
81 contributes to nitrogen and phosphorous loading in Monroe County's stormwater and drainage conveyances and
82 natural water bodies; and c
0
83 >
84 WHEREAS, the detrimental effects of nutrient-laden runoff are magnified in a coastal or island
85 community such as Monroe County, due to the proximity of stormwater and drainage conveyances to nearshore
86 waters; and
87
88 WHEREAS, the Board finds and recognizes that excessive and improper use or application of fertilizers
89 can contribute to water quality issues and can lead to water quality degradation; and =�
90
91 WHEREAS, Monroe County has demonstrated, as part of a comprehensive program to address nonpoint
92 sources of nutrient pollution, that this ordinance is appropriate to address adverse fertilizer contributions to
93 nonpoint source nutrient loading to local water bodies; and
94
95 WHEREAS, in the process of adoption of this ordinance, the Monroe County Board of County
96 Commissioners has considered all relevant scientific information,including but not limited to: E
97
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98 • February ITh, 2021 Regular BOCC Meeting: "Discussion and direction on whether the County
99 should adopt an ordinance regulating the use of fertilizers within the County"'
100
101 o Presentation by Kelly Cox, Esq., of Miami Waterkeeper, a not-for-profit business
102 organization;
103
104 Public comment by Emma Haydocy, on behalf of Florida Bay Forever Save Our
105 Waters, Inc., a Florida not-for-profit corporation, in her capacity as a Director of
106 Florida Bay Forever Save Our Waters, Inc.;
107
108 Public comment by Dorothy "Dottie" Moses, on behalf of the Island of Key Largo
109 Federation of Homeowner Associations, Inc., a Florida not-for-profit corporation;
110
III WHEREAS, the regulation of nutrients, including both phosphorous and nitrogen contained in fertilizer, 0
112 is an important step in maintaining and improving water and habitat quality in Monroe County; and C
113
114 WHEREAS, the Monroe County Board of County Commissioners finds that this Ordinance is necessary 0
115 to advance the County's valid public and environmental health, safety, and welfare police power interests;
116 a
117 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
118 MONROE COUNTY,FLORIDA:
119
120 SECTION 1. - Recitals and Leeislative Intent. The foregoing recitals and statements of legislative
121 intent are true and correct and are hereby incorporated as if fully stated herein. U
122 0
123 SECTION 2. - Title. This Ordinance shall be titled the "Monroe County Ordinance for Florida-Friendly
124 Fertilizer Use on Urban Landscapes."
125 s
126 SECTION 3. - Creation. That Chapter 12 of the Monroe County Code of Ordinances, entitled g
127 `Environment and Natural Resources Protection," is hereby amended to create Article II., entitled "Use or 0
128 Application of Fertilizers,"as follows: c-
129 v,
130 ARTICLE II.-USE OR APPLICATION OF FERTILIZERS
131
132 Section 12-25. Jurisdiction; Administration. This Article shall exclusively apply in unincorporated
133 Monroe County, Florida, only, and does not apply within the territorial jurisdiction of any municipality within the c
0
134 county. >
135 2
136 Section 12-26. Purpose and Intent. This Article regulates the proper use of fertilizers by any applicator
e(
137 and requires proper training of commercial and institutional fertilizer applicators and landscape maintenance
138 companies by establishing a restricted season for fertilizer application, fertilizer-free zones, low maintenance
139 zones, exemptions, training, and certification requirements. The Article requires the use of best management
140 practices which provide specific management guidelines to minimize negative secondary and cumulative =a
141 environmental effects associated with the misuse of fertilizers and improper landscape maintenance practices.
142 These secondary and cumulative effects have been observed in and on Monroe County's natural and artificial W
143 stormwater and drainage conveyances, lakes, canals, estuaries, interior freshwater wetlands, and Monroe County
144 writ large. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and
145 economic well-being of residents of and visitors to Monroe County and the health of the public. Regulation of ..
146 nutrients, including both phosphorus and nitrogen contained in fertilizer, shall help improve and maintain water
147 and habitat quality throughout Monroe County. E
a Agenda Item N.10 at the Board's February 1711,2021,regular meeting.
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148
149 Section 12-27. Construction and Interpretation. This Article is necessary for the health, safety, and
150 welfare of the residents of and visitors to the county. This article shall be liberally construed to effect the public
151 purpose(s) hereof. Interpretation of this Article shall be construed in favor of Monroe County, and such
152 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial,
153 in bankruptcy, and on appeal. To the extent of any conflict between this Article and other Monroe County
154 ordinances or regulations, and to the extent of any conflict within sections within this Article, the more restrictive
155 is deemed to be controlling.
156
157 Section 12-28. Definitions. The phrases, terms, and words used in this Article shall be, except as u�-
158 specifically defined otherwise herein, the same as they have been defined in the Monroe County Code of
159 Ordinances and in the Monroe County Land Development Code. The following terms shall have the following
160 specific definitions as used herein,unless the context clearly indicates otherwise:
161
2
162 Application or Apply, or variants thereof. Shall mean the actual physical deposit of fertilizer to turf, C
163 specialized turf, or landscape plants.
164 0
165 Applicator. Shall mean any natural or legal person who applies fertilizer on turf, specialized turf, or 0
166 landscape plants in Monroe County. The term includes but is not limited to persons, commercial fertilizer 0.
167 applicators and institutional applicators.
168
169 Best management practices or BMP. Shall mean turf and landscape practices, or a combination of 'a
170 practices,based upon peer-reviewed research, field-testing, and expert review, determined to be the most effective
171 and practicable on-location means, including economic and technological considerations, for improving water U
172 quality, conserving water supplies, and protecting natural resources, and which minimize the negative 0
173 environmental impacts of installation and maintenance of landscapes.
174
175 Best Management Practices Training Program. Shall mean a training program approved pursuant to
176 Florida Statute Section 403.9338, or any more stringent requirements set forth in this Article, that includes the
177 most current version of the Florida Department of Environmental Protection's "Florida-Friendly Best
178 Management Practices for Protection of Water Resources by the Green Industries, 2008". CL
179 v,
180 Commercial fertilizer applicator. Shall mean any natural or legal person who applies fertilizer in Monroe
181 County, on property not owned by the person applying the fertilizer, or by the employer of the applicator, in >
182 exchange for money, goods, services, or other valuable consideration.
183 0
184 Fertilizer. Shall mean any substance or mixture of substances that contains one or more recognized plant >
185 nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or
186 provides other corrective measures to the soil. The term includes granular, liquid, rapid-release and slow or
187 controlled release fertilizer.
188
189 Fertilize,fertilizing, or fertilization. Shall mean the act of applying fertilizer to turf, specialized turf, trees,
190 or landscape plants. =�
191
192 Fertilizer-Free Zone. Shall mean within twenty (20) feet from the seawall, riprap or bank or shoreline of 0)
193 any surface water of Monroe County and any storm drain,pond, stream,waterway, lake, canal, or wetland.
194
195 Florida-Friendly Landscaping. Shall mean quality, low-maintenance landscapes that conserve water, u"
196 protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such
197 landscaping include planting the right plant in the right place, efficient watering, responsible and appropriate E
198 fertilization, responsible and appropriate mulching, responsible and appropriate attraction of wildlife, responsible
199 and appropriate management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront
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200 protection. Additional components include practices such as landscape planning and design, soil analysis, the
201 appropriate use of solid waste compost and minimizing the use of irrigation,pesticides, and fertilizers.
202 cu
203 Granular. Shall mean composed of small grains or particles.
204
205 Green infrastructure. Shall mean a management approach engineered-as-natural ecosystems such as
206 green roofs, porous pavement, swales and rain gardens that largely rely on using soil and vegetation to infiltrate,
207 evapotranspirate, or responsibly and appropriately utilize stormwater runoff and reduce flows to drainage N
208 collection systems. This practice aims to preserve, restore, and create green space using soils, vegetation, and
209 rainwater harvest techniques. u-
210
211 Guaranteed analysis. Shall mean the percentage of plant nutrients or measures of neutralizing capability
212 claimed to be present in a fertilizer.
213
2
214 High-impact areas in parks. Shall mean turf grass areas that are heavily utilized by pedestrian traffic C
215 year-round.
216 0
217 Institutional applicator. Shall mean any natural or legal person, other than a non-commercial or 0
218 commercial applicator, that applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional
219 applicators shall include, but shall not be limited to, owners, managers, employees, or agents of residential
220 properties maintained in community associations such as a condominium association, a homeowners' association,
221 or a property owners' association, residential properties maintained in common ownership, industrial,
222 commercial,or business sites, educational,religious institutions, and the like.
223 U
224 Landscape plant. Shall mean any native or exotic tree, shrub, or groundcover(excluding turf). 0
225 CD
226 Landscape maintenance. Shall mean activities carried out to manage and maintain landscape plants
227 including but not limited to mowing, edging, and trimming.
228
229 Low impact development (LID). Shall refer to systems and practices that use or mimic natural processes 0
230 that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and a.
231 associated aquatic habitat. LID is an approach to land development or redevelopment that works with nature to A
232 manage stormwater as close to its source as possible.
233
234 Low maintenance buffer or Low maintenance zone. Shall mean an area a minimum of ten (10) feet wide
235 adjacent to water courses which is planted to capture and treat stormwater and is designed to capture and treat
236 stormwater and is designed to not require fertilization,watering, mowing, etc. >
237
238 Organic fertilizers. Shall mean fertilizers that are derived from living materials, excluding biosolids.
239 Examples of organic fertilizers include but are not limited to animal manures, composted materials, and plant
240 residues. Organic fertilizers are usually considered to be "slow release" fertilizers because many of the nutrients U
241 must be broken down by soil microbes before they become available for plant uptake.
242
243 Person. Shall mean any natural or legal person, including but not limited to any human being, business, 0
244 corporation, limited liability company, partnership, sole proprietorship, association, club, organization, or any W
245 group of people acting as an organized entity.
246
247 Rapid (quick) release or water-soluble nitrogen. Shall mean any product containing, including but not
248 limited to:
249
250 (1) Ammonium nitrate;
251 (2) Ammonium sulfate;
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252 (3) Calcium nitrate;
253 (4) Diammonium phosphate;
254 (5) Monoammonium phosphate;
255 (6) Potassium nitrate;
256 (7) Sodium nitrate;
257 (8) Urea(not in the form of slow release nitrogen); or
258 (9) Others as may be designated by the Association of American Plant Food Control Officials.
259
260 Restricted Season. Shall mean June 1 through November 1, as well as during the time period during
261 which a flood watch or flood warning, or a tropical storm watch or tropical storm warning, or a hurricane watch U_
262 or hurricane warning, regardless of the time of year,is in effect for any portion of unincorporated Monroe County,
263 or in any area of unincorporated Monroe County if heavy rain is likely or ongoing.
0
264
265 Saturated soil. Shall mean a soil in which the voids are filled with water. Saturation does not require flow. 0
266 For the purposes of this Article, soils shall be considered saturated if standing water is present or if the pressure of C
267 a person standing on or an object lying on the soil causes the release of free water.
268 0
269 Site supervisor. Shall mean the direct supervisor of landscape maintenance personnel. 0
270
271 Slow release, controlled release, timed release, or water insoluble nitrogen. Shall mean nitrogen in a 'a
272 form which delays its availability for plant uptake and use after application, or which extends its availability to the
273 plant longer than a reference rapid or quick release product. Forms of slow release, controlled release, slowly 'a
274 available, or water insoluble nitrogen include but are not limited to:
275 U
276 (1) Isobutylidene diurea("IBDU"); 0
277 (2) Resin,polymer, or sulphur coated urea;
278 (3) Biosolids or residuals from domestic wastewater treatment;
279 (4) Ureaformaldehyde;
280 (5) Composted animal manure;
281 (6) Others as may be designated by the Association of American Plant Food Control Officials.
282 a.
283 Slow or controlled release fertilizer. Shall mean a fertilizer containing a plant nutrient in a form which A
284 delays its availability for plant uptake and use after application, or which extends its availability to the plant
285 significantly longer than a referenced "rapidly available nutrient fertilizer". >
286
287 Specialized turf. Shall mean areas of grass used for athletic fields, golf course practice, recreational or c
0
288 play areas, athletic fields, and other similar activities. >
289
290 Specialized turf manager. Shall mean a person responsible for fertilizing or directing the fertilization of
291 specialized turf.
292
293 Surface water. Shall mean fresh,brackish, saline, or tidal waters, contained in bounds created naturally or
294 artificially, including but not limited to bays, creeks, ditches, estuaries, impoundments, lagoons, lakes, ponds, =�
295 rivers, springs, streams, wetlands, water bodies, and including but not limited to canals, whether located in or on
296 the Atlantic Ocean side of Monroe County or in or on the Florida Bay or Gulf of Mexico side of Monroe County. W
297 =
298 Turf, sod, or lawn. Shall mean a piece of grass-covered soil held together by the roots of the grass.
299 �''
300 Urban landscape. Shall mean pervious areas on residential, commercial, industrial, institutional, rights-
301 of-way, or on other lands that are planted with turf or horticultural plants. E
302
303
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304 Section 12-29. Timing of Fertilizer Use.
305
306 (a) No applicator shall apply fertilizers containing nitrogen or phosphorous, or both, to turf or landscape
307 plants during a restricted season.
308
309 (b) Fertilizer shall only be applied to actively growing turf and plants and not to saturated soil.
310
311 (c) Fertilizer containing nitrogen or phosphorous, or both, shall not be applied before seeding or sodding a t!
312 site and shall not be applied for the first 30 days after seeding or sodding except when hydroseeding for
313 temporary or permanent erosion control in an appropriate emergency situation (e.g., wildfire, etc.) or in
314 accordance with the stormwater pollution plan for that site.
315
316 Section 12-30.Fertilizer-Free Zones.
317
2
318 (a) Except as provided in subsection (b)immediately below, fertilizer shall not be applied within twenty (20) C
319 feet of any breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, or within twenty 2
320 (20) feet of any seawall, or within twenty (20) feet of any altered or unaltered shoreline, or within twenty 0
321 (20) feet of any surface water. In the event of a conflict, the greater extent of distance shall control. By 0
322 way of example, therefore,if an area is not within twenty (20) feet of a surface water,but is within twenty a.
323 (20) feet of a breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, etc.,
324 the fact of such area's falling within twenty (20) feet of such breakwater,bulkhead, bulwark, canal, dock,
325 pier,revetment,rip-rap,wharf, seawall, etc., shall prohibit fertilizer from being applied in such area.
326
327 (b) Spreader deflector shields are required when fertilizing adjacent to all impervious surfaces, any fertilizer- U
328 free zones, low maintenance buffer or low maintenance zones, surface waters, and water-bodies, 0
329 including but not limited to wetlands.
330
331 (c) Newly planted turf and landscape plants may be fertilized within a fertilizer-free zone only for a sixty W
332 (60) day period beginning thirty (30) days after planting, if needed, to allow the plants to become well
333 established and caution is used to prevent direct deposition of nutrients into the water.
334 a.
335 Section 12-31.Fertilizer Content and Use Rates.
336
337 (a) Fertilizers applied to turf or landscape plants within the unincorporated county shall be applied to such >
338 turf or landscape plants at the lowest recommended rate according to the "Florida Green Industries Best
339 Management Practices for Protection of Water Resources in Florida, December 2008", with no more than
340 two (2)pounds of nitrogen per one-thousand(1,000) square feet applied in any calendar year. >
341
342 (b) Liquid fertilizers containing nitrogen shall not be applied to turf or landscape plants within the
343 unincorporated county.
344
345 (c) Granular fertilizers containing nitrogen applied to turf or landscape plants within the unincorporated
346 county shall contain at least 50% slow release, controlled release, timed release, slowly available, or =�
347 water insoluble nitrogen per guaranteed analysis label. Caution should be used to prevent direct
348 deposition of nutrients in the water.
349 =
350 (d) Fertilizers containing nitrogen or phosphorous, or both, applied to turf or landscape plants within the
351 unincorporated county, shall contain not less than sixty-five percent (65%) slow release, controlled U"
352 release, timed release, slowly available, or water insoluble nitrogen per guaranteed analysis label. Caution
353 should be used to prevent direct deposition of nutrients in the water. E
354
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355 (e) Except as provided in paragraphs (a)-(d) of this section, fertilizers applied to turf and landscape plants
356 within the county shall be formulated and applied in accordance with requirements and directions
357 provided by Florida Administrative Code Rule 5E-1.003(4) ("Labeling Requirements for Urban Turf
358 Fertilizers"). Stated otherwise, Applicators shall not apply fertilizer in violation of said fertilizer label
359 directions.
360
361 (f) Fertilizer containing nitrogen or phosphorous, or both, shall not be applied before seeding or sodding a
362 site and shall not be applied for the first thirty (30) days after seeding or sodding, except when t!
363 hydroseeding for temporary or permanent erosion control in an emergency situation (e.g., saltwater
364 floods, etc.), or in accordance with the Stormwater Pollution Plan for that site. u-
365
366 (g) No more than 0.50 lb. of nitrogen per 1,000 square feet shall be applied to any turf or landscape area in
367 one application or use.
368 0
369 (h) Phosphorous fertilizer shall not be applied to turf or landscape plants unless a soil deficiency has been C
c
370 verified by an approved test. Where a deficiency has been professionally verified by an approved test,
371 phosphorus fertilizer shall not be applied at application rates that exceed 0.25 lbs. of phosphorous per
372 1,000 square feet per application and not to exceed 0.50 lbs. of phosphorous per 1,000 square feet per 0
373 year.
374
375 (1) Where fertilizer application or use is not described in this Article, fertilizer shall be applied in accordance
376 with the requirements and directions provided by Florida Administrative Code Rule 5E-1.003 for turf and 'a
377 as found in OF/IFAS recommendations for landscape plants,vegetable gardens, fruit trees, and shrubs.
378 U
379 Section 12-32.Fertilizer Use Practices. 0
380
381 (a) No person shall apply fertilizers containing nitrogen or phosphorous, or both, to turf or landscape plants
382 during the restricted season.
383
384 (b) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must 0
385 be positioned such that fertilizer granules are deflected away from all impervious surfaces, any fertilizer- a.
386 free zones, low maintenance buffer or low maintenance zones, surface waters, and water-bodies,
387 including but not limited to wetlands.
388
389 (c) Fertilizer shall not be applied, spilled,or otherwise deposited on any impervious surfaces.
390
391 (d) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface >
392 shall be immediately and completely removed to the greatest extent practicable.
393
394 (e) Fertilizer released on an impervious surface must be immediately contained and either lawfully applied to
395 turf or any other site or returned to the original or other appropriate container.
396
397 (f) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into any surface water or
398 into any low maintenance or fertilizer-free zone or into any water-bodies or stormwater or drainage drain
399 or drainage conveyance.
400 =
401 (g) In no case shall fertilizer be washed, swept, or blown off or around trunks of palms or tree wells or in tree
402 pits. u_
403
404 Section 12-33.Exceptions.
405
406 (a) Sections 12-29, 12-30, 12-31, and 12-32 shall not be applicable to:
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407
408 1. Golf courses. For all existing public and private golf courses, the provisions of the Florida
409 Department of Environmental Protection document, titled `BMPs for the Enhancement of
410 Environmental Quality on Florida Golf Courses, January 2012", and provisions set forth in
411 Section 12-34 are required, and shall be followed when applying fertilizer to golf courses.
412
413 2. High impact areas in existing public parks and public athletic fields. Specialized turf managers
414 are required to follow the provisions of the "Florida Green Industries Best Management Practices N
415 for Protection of Water Resources in Florida, December 2008", for Turf and Landscape Plants,
416 and provisions set forth in Section 12-34.
417
418 3. Fruit trees and fruit shrubs, provided that fertilizer application rates do not exceed University of
0
419 Florida(UF)/Institute of Food and Agricultural Sciences (IFAS) maximum recommendations.
420 0
421 4. Yard waste compost, mulches, or other similar materials that are primarily organic in nature and C
c
422 are applied to improve the physical condition of the soil.
423 0
424 5. Tree trunk injection fertilization treatments that are performed by a certified arborist. 0
425
426 (b) Sections 12-29, 12-30, 12-31, and 12-32, shall not be applicable to the extent expressly preempted by 'a
427 general law.
428
429 Section 12-34. Golf Courses,Athletic Fields, Specialized Turf, and Greenspace Requirements.
430
431 (a) All new public and private golf course greens and all renovated golf course greens, provided their 0
432 renovation exceeds 50% of its total area, shall meet all of the following requirements:
433
434 1. Incorporate Best Management Practices as defined in the "Best Management Practices for the
435 Enhancement of Environmental Quality on Florida Golf Courses", published by the Florida
436 Department of Environmental Protection.
437 CL
438 2. Provide the use of native or Florida-friendly trees, shrubs, and ground cover landscaping in more y
439 than 80% of the total areas designated for non-play.
440
441 3. Specify a certified turfgrass groundcover species for all play areas that require(s) the least amount
442 of fertilizer and water consumption. c
76
443 >
444 4. Incorporate the use of green infrastructure elements and/or low impact development(LID) design
445 in the design of the golf course's drainage system and in allowing ample, uncompacted areas for
446 tree root growth.
447
448 5. Provide a minimum (10) foot low-maintenance buffer adjacent to surface water(s),breakwater(s),
449 bulkhead(s), bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, and stormwater or =�
450 drainage drain or drainage conveyance, including but not limited to stormwater or drainage inlets.
451 u
452 (b) All new athletic fields and all renovated athletic fields,provided their renovation exceeds 50% of its total
453 area, shall meet all of the following requirements:
454 u'
455 1. Incorporate Best Management Practices for landscaping by including the use of native and
456 Florida-friendly trees, shrubs, and ground cover landscaping. E
457
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458 2. Incorporate the use of green infrastructure elements and/or low impact development(LID) design
459 in the design of the field's drainage system and in allowing ample, uncompacted areas for tree
460 root growth.
461
462 3. Include at minimum a ten (10) foot low-maintenance buffer adjacent to surface water(s), 9
463 breakwaters bulkheads bulwark canal dock ier, revetment ri ra wharf, seawall and
( )� O> p p- p>
464 stormwater or drainage drain or drainage conveyance, including but not limited to stormwater or
465 drainage inlets.
466
467 (c) Requests for exceptions to from the requirements set forth in Sections 12-34(a) or (b) shall be submitted _
468 in writing, on a form prescribed and approved by the County Administrator, or his or her designee,
469 detailing the pro*ect's design and details, demonstrating that good faith effort has been made to achieve �
c
470 substantial compliance with all applicable requirements, and explaining what non-self-created-hardship U
471 would be incurred if a proposed exception is not granted. The County Administrator or his or her designee 0
472 shall have discretion to administratively approve or reject exception requests on a case-by-case basis. C
0
473
474 (d) Fertilizers applied to private parks, specialized turf, including athletic fields and high impact or high 0
475 intensity areas within the unincorporated county shall be formulated and applied in accordance with 0
476 requirements and directions provided by Florida Administrative Code Rule 5E-1.003(b)(b). a
477
478 (e) Fertilizers applied to turf and landscape plants within the unincorporated county shall be formulated and
479 applied in accordance with requirements and directions provided by Florida Administrative Code Rule
480 5E-1.003(4) (Labeling for Urban Turf Fertilizers). Stated otherwise, Applicators shall not apply fertilizer
481 in violation of said fertilizer label directions. c
482 c
483 Section 12-35. Certification and Best Management Practices Training Programs.
484
485 (a) All commercial and institutional applicators within or doing work in the unincorporated county shall
486 obtain the limited certification for urban landscape fertilizer application provided for under Florida
487 Statute Section 482.1562, within 365 days of adoption of this Article, or within 90 days of initial
488 employment, whichever occurs later. Such applicators are required to keep a copy of such certificate with a.
489 them during application activities and shall present the certificate to Monroe County,upon request. A
490
491 (b) All commercial and institutional applicators of fertilizer within the unincorporated county shall abide by >
492 and successfully complete the six-hour training program in the "Florida-Friendly Best Management
493 Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department
494 of Environmental Protection through the OF/IFAS program. Completion of this training program shall be >
495 repeated a minimum of once every five years.
496
497 (c) Persons are encouraged to follow the recommendations of the OF/IFAS Florida Yards and
498 Neighborhoods program when applying fertilizers. U
499
500 (d) All Applicators or Specialized turf managers of fertilizer shall abide by and successfully complete the
501 "Florida Golf Course Best Management Practices Certification Training" offered by the University of
502 Florida. Completion of this training program shall be repeated a minimum of once every five years.
503 =
504 (e) Monroe County strongly recommends the establishment of training programs using both English-
505 speaking and Spanish-speaking certified Best Management Practice (BMP)trainers. U_
506
507
508
509
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510 Section 12-36. Training of Commercial Applicators.
511
512 (a) All commercial applicators of fertilizers within the unincorporated county should abide by and
513 successfully complete training and continuing education requirements in the "Florida-Friendly Best
514 Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida
515 Department of Environmental Protection through the OF/IFAS "Florida-Friendly Landscapes" program
516 prior to obtaining a local tax receipt for any category of occupation which may apply any fertilizer to turf
517 or landscape plants.
518
519 (b) All businesses applying fertilizer to turf or landscape plants (including but not limited to residential ii
520 lawns, golf courses, commercial properties, and multi-family and properties maintained in one or more
521 community association(s), must ensure that at least one employee has an appropriate "Florida-Friendly
0
522 Best Management Practices for Protection of Water Resources by the Green Industries" training
523 certification prior to the business owner obtaining a business tax receipt.
524
525 Section 12-37.Enforcement and Penalties.
526
527 (a) Violations. Violations of this Article may be prosecuted by original county or circuit court action, or 0
528 under Chapter 162, Florida Statutes, administratively, at law, and in equity, as may be necessary to a
529 enforce compliance with this Article, and to collect damages in the form of costs and/or fines authorized
530 by law.
531
532 (b) Injunctive Relief. The County Attorney is authorized to prosecute violations of this Article by civil action,
533 including but not limited to injunctive relief. U
534 c
535 (c) Units of Prosecution. Each incidence of a violation under this Article constitutes a separate violation and CD
536 offense, and a separate violation and offense will be deemed committed each day during or on which a
537 violation occurs or continues.
538 2
539 (d) doint-and-Several Liability. All owners, part owners, joint owners, tenants-in-common, tenants in 01
540 partnership, joint tenants, tenants by the entirety, lessees, sub-lessees, assignees, sub-assignees, and a.
541 holder(s) of legal or beneficial title to or interest in a business organization and/or property and/or violator A
542 held in violation of this Article, shall be jointly-and-severally liable with respect to any legal or equitable
543 judgment or relief obtained against it to enforce this Article.
544
545 (e) Costs. Any court of competent jurisdiction, administrative hearing officer, the Monroe County Code c
0
546 Compliance Special Magistrate, are authorized to impose against violator(s) of this Article any costs >
547 associated with cessation and/or remediation of a violation(s) of this Article.
548
549 (f) No Waiver or Estoppel. It being that Monroe County possesses discretion to enforce this Article,its delay
550 or failure to enforce any provision contained in this Article, however long continued, shall not be deemed U
551 a waiver or estoppel of the right for it to enforce this Article at any time thereafter.
552
553 (g) Attorneys'Fees and Costs. If the County prevails in an enforcement action against a person found to be in 0
554 violation of this article, the County shall be entitled to recover its costs of investigation, attorneys' fees W
555 and other costs to the extent permitted by law.
556
557 Section 12-38. Provisions to Be Cumulative. This Article is cumulative to any other substantive laws,
558 ordinances, regulations, and rules, and is cumulative to any enforcement procedure that those laws,
559 ordinances, regulations, and rules may provide. This Article does not supersede or repeal or otherwise E
560 modify those laws, ordinances, regulations, rules, or enforcement procedures thereunder in any way.
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561 Monroe County may elect to take any or all remedies concurrently, and the pursuit of one does not
562 preclude the pursuit of another.
563 w
564 SECTION 4. - Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. This Article shall
565 be applied within the unincorporated limits of the county to the extent not subject to preemption to the State of 9
566 Florida. If any provision of this ordinance Article, or any portion thereof, is held to be invalid or unenforceable in
567 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforce ability of
568 such provision, or any portion thereof, shall neither limit nor impair the operation, enforceability, or validity of t!
569 any other provision of this Article, or any remaining portion(s) thereof. All other provisions of this Article, and E
570 remaining portion(s) thereof, shall continue unimpaired in full force and effect. u-
571
572 SECTION 5. - Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with this
0
573 ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the U
574 repealing clause of such ordinance or revive any ordinance which has been repealed thereby. W
575
576 SECTION 6. - Captions and Paragraph Headings. Captions and paragraph headings, where used herein, are
577 inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular 0
578 paragraph or text to which they refer. 0
579
580 SECTION 7. -Inclusion in the Monroe County Code of Ordinances. The provisions of this ordinance shall be
581 included and incorporated into the Code of Ordinances of Monroe County, Florida and shall be numbered to
582 conform with the uniform numbering system of the Code.
583
584 SECTION 8. - Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida �0
585 and shall become effective as provided by law. 0
586
587 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular r
588 meeting held on the day of , 2021.
589 2
590
591 Mayor Michelle Coldiron CL
592 y
593 Mayor pro tem David Rice
594 >
595 Commissioner Craig Cates <
596 c
597 Commissioner Mike Forster ru
598
599 Commissioner Eddie Martinez
600
601 W
602 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
603
�� Attest: KEVIN MADOK, CLERK
606
607 By: By:
608 As Deputy Clerk Mayor Michelle Coldiron
APP9all - TO FORM E
PETER MORRIS
12 of 12 ASSISTANT COUNTY ATTORNEY
Date: 5/4/2021
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE MONROE COUNTY CODE OF
ORDINANCES 0
J U N E 163 2021
NOTICE IS HEREBY GIVEN that on Wednesday, June 16, 2021 the Monroe County Board of County Commissioner
("BOCC") will hold the following Public Meeting, beginning at 9:00 A.M. The BOCC meeting will be a hybrid format with th
County Commission members meeting live at the Murray Nelson Government Center, 102050 Overseas Highway, Key Largc P
Monroe County, Florida 33037, while the public will be able to participate via Zoom Webinar. At this Public Meeting the BOCI
will hold the following Public Hearing to review and receive public comment for the following item at the following time:
3:00 P.M. (or as soon thereafter as may be heard):
0
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: AMENDING CHAPTER 1
("ENVIRONMENT AND NATURAL RESOURCE PROTECTION") OF THE MONROE COUNTY CODE OF ORDINANCES T(
AMEND ARTICLE 11. ("RESERVED") BY ADOPTING AND INCORPORATING REGULATIONS RELATING TO THE USE 01
APPLICATION OF FERTILIZERS, RELATING TO FLORIDA FRIENDLY FERTILIZER USE OR APPLICATION WITHII 0
UNINCORPORATED MONROE COUNTY; PROVIDING FOR DEFINITIONS, USE, TIMING OF FERTILIZER USE, CONTENT B
BASED FERTILIZER APPLICATION REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 0
CONFLICTING PROVISIONS INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE CODE 0
ORDINANCES; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE; AND PROVIDING FOR AN EFFECTW
DATE. 2
Please visit the Monroe County Website at www.monroecounty-fl.gov for meeting agenda updates and information y
regarding the various options available to the public to view the live meeting and/or to make public comments on
certain agenda items.
Pursuant to Section 286.0105 Florida Statutes, if a person decides to appeal any decision of the Board of County Commissioners, with respect to ar
matter considered at the meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure 76
verbatim record of the proceedings is made, which record includes the testimony&evidence upon which the appeal is to be based.
2
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, pleas
contact the County Administrator's Office,by phoning(305)292-4441,between the hours of 8:30 a.m. -5:00 p.m., no later than five(5)calendi
days prior to the scheduled meeting,if you are hearing or voice impaired,call"711."
DISPLAY AD: HEADING TO BE PRINTED IN 18-POINT TYPE,at a minimum of 2 columns by 10"TO BE PUBLISHED ONE(1)TIME ONLY.
The Key West Citizen(#867) Publish Saturday, May 29, 2021
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