2019-O-05 - Chapter 19 ORDINANCE NO.2019-045
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AMENDING AND
RESTATING CHAPTER 19 (UTILITIES AND SERVICES),
ARTICLE VHI GREATER EDGEWATER, WASTEWATER
AND RECLAIMED WATER SERVICE AREA BY
DELETING SECTIONS 19-109 AND 19-110 - RESERVED
AND CREATING ARTICLE IX (FLORIDA-FRIENDLY
FERTILIZER USE); OF THE CODE OF ORDINANCES,
CITY OF EDGEWATER, FLORIDA; PROVIDING FOR
CONFICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS,the quality of our rivers, estuaries,streams, lakes and the offshore waters of
the Atlantic Ocean, including the Indian River Lagoon is critical to the health, safety and welfare
of the citizens of the City of Edgewater; and
WHEREAS, nonpoint sources of pollution, including fertilizer runoff, contribute
significant amounts of nutrients to our water bodies;and
WHEREAS, runoff from improper use of fertilizer can contribute to nitrogen and
phosphorus pollution in the city's stormwater and drainage conveyances and natural water
bodies; and
WHEREAS, pursuant to Section 403.9337(1), Florida Statutes, all local governments
are encouraged to adopt and enforce the Florida Department of Environmental Protection's
Model Ordinance for Florida-Friendly Fertilizer Use, or an equivalent requirement as a
mechanism for protecting local surface and groundwater quality;and
WHEREAS, pursuant to Section 403.9337(2), Florida Statutes, all local governments
within the watershed of a water body or water segment that is listed as impaired by nutrients
pursuant to Section 403.067, Florida Statutes, shall, at a minimum, adopt the model ordinance,
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and a local government may adopt additional or more stringent standards with compliance of the
current statutes;and
WHEREAS, this ordinance is part of a comprehensive program to address nutrient
pollution, which includes, but is not limited to, stormwater management, surface water quality
improvement,water conservation, septic tank management and abatement, public education, and
land development standards;and
WHEREAS, more specifically regarding stormwater, the city has a strict stormwater
ordinance and illicit discharge enforcement program;and
WHEREAS, the city has a sophisticated stormwater management program to address
reduction of pollution from nonpoint sources;and
WHEREAS,to address target areas,the city develops stormwater master plans; and
WHEREAS, the city actively identifies stormwater management projects for
implementation; and
WHEREAS, the city initiates specific projects to improve surface water quality,
including projects that have reduced street flooding, improved maintenance of drainage facilities,
reduced erosion and sedimentation in canals and ditches and improved the overall quality of
water in our canals, lakes and aquifers;and
WHEREAS, the Florida Department of Environmental Protection has deemed the
Mosquito Lagoon impaired by nutrients pursuant to Section 403.067,Florida Statutes; and
WHEREAS,the Florida Department of Environmental Protection has estimated nutrient
contributions from nonpoint source pollution, including fertilizer in the city's surface waters; and
WHEREAS, during the City Council meeting held on December 3, 2018 Council
recommended that the City create a sectionlregulation for Fertilizer Use Control.
NOW THEREFORE,BE IT ENACTED by the People of the City of Edgewater, Florida:
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PART A. AMENDING AND RESTATING CHAPTER 19 (UTILITIES
AND SERVICES), ARTICLE VIII GREATER EDGEWATER,
WASTEWATER AND RECLAIMED WATER SERVICE AREA BY
DELETING SECTIONS 19-109 - 19-110 - RESERVED AND CREATING
ARTICLE IX (FLORIDA-FRIENDLY FERTILIZER USE) IN ITS
ENTIRETY,OF THE CODE OF ORDINANCES,CITY OF EDGEWATER,
FLORIDA
Chapter 19 (Utilities and Services), Article IX (Florida-Friendly Fertilizer) is amended and
restated pursuant to Exhibit"A",which is attached and incorporated herein.
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PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. if
this ordinance of any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section', "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention;provided,however,that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
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PART F. ADOPTION
After Motion to approve by Councilwoman O'Keefe with Second by Councilman
Conroy,the vote on the first reading of this ordinance held on January 7,2019,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
DISTRICT 2 VACANT
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
After Motion to approve by Councilwoman Power with Second by Councihnan Conroy,
the vote on the public hearing/second reading of this ordinance held on February 4, 2019, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
DISTRICT 2 VACANT
Councilwoman Megan O'Keefe ABSENT/EXCUSED
Councilman Gary Conroy X
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PASSED AND DULY ADOPTED this day of February,2019.
ATTEST: CITY COUNCIL OF THE
OF E TE O DA
i
Robin L. Matusic ke Tho
City Clerk/Paralegal
For the use and reliance only by the City of Approved by the City Council of the C'[v,of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this
legality by: Aaron R.Wolfe,Esquire day of February, 2019 under Agenda Item
City Attorney #8 b
Doran. Sims, Wolfe&Ciocchetti
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EXHIBIT "A"
ARTICLE VIII.
GREATER EDGEWATER WATER,WASTEWATER AND RECLAIMED WATER
SERVICE AREA
Sec. 19-101.-Creation; purpose.
There is hereby created under authority of F.S. § 180.02 (1985) an area defined as the
"City of Edgewater, Wastewater and Reclaimed Water Service Area" for the purpose of
delivering to that area water, wastewater and reclaimed water services and exercising within that
area the powers provided for by law.
Sec. 19-102.- Property map.
The Edgewater Water, Wastewater and Reclaimed Water Service Area shall include the
property in Volusia County,attached hereto as Exhibit"A", and by reference incorporated herein
as if fully set forth on file and available for inspection in the office of the city clerk. The map
may be updated from time to time.
Sec. 19-103.-Extension from corporate limits.
The Greater Edgewater Water, Wastewater and Reclaimed Water Service Area shall not
extend for more than five miles from the corporate limits from the city, as amended from time to
time.
Sec. 19-104.-Property within any other incorporated municipality excluded.
None of the Greater Edgewater Water, Wastewater and Reclaimed Water Service Area
includes any area within the city limits of any other incorporated municipality.
Sec. 19-105. -Legal description.
The legal description by metes and bounds of the land in Volusia County, Florida,
included within the City of Edgewater City Water, Wastewater, and Reclaimed Water Service
Area is on file with the city clerk and available for inspection and copying.
Sec. 19-106. -Reserved.
Sec. 19-107. -Water and wastewater availability.
(a) To the full extent permitted by law, all buildings and structures which are located or
constructed on property in the Greater Edgewater Water, Wastewater and Reclaimed
Water Service Area and which are adjacent to a public right-of-way or easement that has
a water main or gravity sanitary wastewater located in it, are hereby required, except as
provided in paragraphs (b) and (c), to connect with and use the services and facilities of
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the city water and wastewater systems in order to preserve the health, safety and welfare
of the citizens and inhabitants of the Edgewater Water, Wastewater and Reclaimed Water
Service Area.
(b) A water main or gravity sanitary wastewater is considered adjacent or available to a
property when it is located anywhere in a public right-of-way or easement adjoining the
property. A water main or gravity sanitary wastewater will not be considered available in
a state road right-of-way unless it is located on the same side of the paved roadway as the
property to be served. When the water main and/or gravity sanitary wastewater is
available to a property that property will be billed a water service availability charge
and/or a wastewater service availability charge as set forth by resolution of the city
council. The service availability charge will be credited toward the development fee at
the time the building or structure located on the property is connected to the city water
and/or wastewater systems as set forth in this article.
(c) If a water main is adjacent or available to a property, and a building or structure located
on that property is connected to an individual well, then that building or structure will be
required to be connected to the City of Edgewater's water system when the well system
fails, becomes contaminated or experiences a dry well condition or a permit is requested
from the Volusia County Health Department or other appropriate authority for a
replacement well but shall be connected to the water main no greater than ninety (90)
days from the date of notification.
Sao. 49 108. 19 110. Reser,ed
Sec. 19-108. Reserved.
ARTICLE IX.
R€SERVEB
Sees. 19 111 49 r71o....,.... ,.
Shall read as follows:
CHAPTER 19(UTILITIES AND SERVICES)
ARTICLE IX (FLORIDA-FRIENDLY FERTILIZER USE)
See. 19-109. Findings.
As a result of impairment to surface waters caused by excessive nutrients, and as a result
of increasing levels of nitrogen in the surface and around water within the aquifers and springs.
the City Council hereby determines that the use of fertilizers creates a risk of contributing to
adverse effects on surface and groundwater. Accordingly, the City Council hereby finds that
management measures Promulgated by the Florida Department of Environmental Protection
(FDEP) as contained in the most recent edition of the manual "Florida-Friendlv Best
Management Practices for Protection of Water Resources by the Green Industries"are required.
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Sec. 19-110. Purpose and intent.
This article regulates the proper use of fertilizers by any applicator: requires proper
training of commercial and institutional fertilizer applicators: establishes training and licensing
requirements: establishes a prohibited application period: and specifies allowable fertilizer
application rates and methods, fertilizer-free zones, low maintenance zones and exemptions.
This article requires the use of best management practices, which provide specific management
guidelines to minimize negative secondary and cumulative environmental effects associated with
the misuse of fertilizers. These secondary and cumulative effects have been observed in and on
natural and constructed stormwater conveyances, rivers, creeks canals, springs, lakes, estuaries
and other waterbodies. Collectively, these waterbodies are an asset critical to the environmental,
recreational, cultural and economic well-being of Citv residents and the health of the public in
general. Overgrowth of aleae and vegetation hinder the effectiveness of flood attenuation
provided by natural and constructed stormwater conveyances. Regulation of nutrients, including
both nitrogen and phosphorus contained in fertilizer, will help improve and maintain water and
habitat quality.
Sec. 19-111. Definitions.
For the purposes of this article, the following terms shall have the meanings set forth in
this section. Words used in the singular shall include plural, and the plural, singular:words used
in the present tense shall include future tense. The word "shall" is mandatory and not
discretionary. The word `may" is permissive. Words not defined herein shall have the meaning
given in other sections of this Code and if not therein. shall have the meaning given by common
and ordinary use:
Administrator means the City Manager or an administrative official designated by the City
Manager to administer and enforce the provisions of this article.
Application or apply means the actual Physical deposit of fertilizer to turf and/or landscape
Plants.
Applicator means any person who applies fertilizer on turf andlor landscape plants.
Approved best management amcfices training program means a training roapproved
pursuant to F.S.003.9338 or any more stringent requirements set forth in this article that
includes the most current version of the Florida Department of Environmental Protection(FDEP)
manual "Florida-Friendly Best Management Practices for Protection of Water Resources by the
Green Industries",as may be amended.
Best management practices means turf and landscape Practices or a 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 the
improving water quality, wnservina water supplies and protecting natural resources.
Code enforcement o icer official or inspector means any designated emplovee or agent whose
duty is to enforce codes and ordinances.
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Commercial fertilizer applicator. except as provided in F.S. 5482.1562(9), means any Person
who applies fertilizer for payment or other consideration to property not owned by the person or
firm avylving the fertilizer or the craplover of the applicator.
Fertilize means the act of applying fertilizer to turf, specialized turf or landscape plants.
Fertilizer means any substance or mixture of substances 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. Fertilizer does not include
unmanivulated peat or compost which make no claims as described in the preceding sentence.
Guaranteed analysis means the percentage of Plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer.
Institutional fertilzer applicator means any person. other than a private- noncommercial or a
commercial fertilizer applicator(unless such definitions also apply under the circumstances)-that
applies fertilizer for the Pose of maintaining turf and/or landscape plants. Institutional
fertilizer applicators shall include, but not be limited to: owners, managers or emolovees of
public lands, schools narks religious institutions. utilities, industrial or business sites and any
residential properties maintained in condominium and/or common ownership.
Landscape plant means anv native or exotic tree, shrub or groundcover(excluding turf).
Low maintenance zone means an area a minimum of ten feet wide adiacent to watercourses
which is planted and managed in order to minimize the need for fertilization,watering, mowing,
etc.
Person means any natural person, business corporation limited liability company- partnership,
limited partnership. association- club- organization, andlor any group of people acting as an
organized entity.
Prohibited application period means the time period during which a flood watch or warning, a
tropical storm watch or warning, a hurricane watch or warning is in effect for any portion of
Volusia County, issued by the National Weather Service, or if heavy min as defined by the
World Meteorological Organization. as rainfall greater than or equal to two inches in a 24-hour
period is likely.
Saturated soil means a soil in which the voids are filled with water. Saturation does not require
flow. For the purposes of this article 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.
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 which extends its availability to the plant longer than a reference rapid or quick-release
Product.
Turf, sod or lawn means a niece of grass-covered soil held together by the roots of the grass.
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See. 19-112. Applicability.
This article shall apply and regulate any and all applicators of fertilizer and areas of
application of fertilizer within the incorporated limits of the City, unless such applicator is
smifically exempted by the terms of this article. This article shall be Prospective only and shall
not impair any existing contracts.
Sec. 19-113. Timing 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.
(b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or
soder a site and shall not be applied for the first 30 days after seeding or sodding,except when
hydro-seeding for temporary or vermanent erosion control in an emergency situation or in
accordance with an adopted stormwater pollution prevention plan for that site.
(c) Fertilizer containing nitrogen or phosphorus shall not be applied to turf or landscape
plants June t through September 30 of each vear.
Sec. 19-114. 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 Rule 62-340,
Florida Administrative Cade, or from the top of a seawall. Newly planted turn 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.
Sec. 19-115. Low maintenance zones.
A voluntary ten-foot low maintenance zone is strongly recommended, but not mandated
from any pond, stream, watercourse, 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 may 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.
Sec. 19-116. Fertilizer content and application rates.
(a) Fertilizers applied to turf shall be applied in accordance with requirements and directions
Provided by Rule 5E-1.003 Florida Administrative Code. "Fertilizer Label Requirements for
Urban Turf, Sports Turf or Lawns".
(b) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as
provided in subsection (a) for turf or in the Universitv of Florida/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.
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(c) Fertilizers containing phosphorous shall not be applied to turf, sod lawns or landscape
plants in the City of Edgewater. No fertilizer containing phosphorus shall be applied to turf-sod,
lawns or landscape plants unless a soil or plant tissue deficiency is verified by a testing
methodology approved by the University of Florida, Institute of Food and Agricultural Sciences
If a deficiency is verified, the application of fertilizer containing phosphorus shall adhere to the
rates and directions for the appropriate region of Florida as adopted by Florida Administrative
Code Rule. This subsection supersedes any inconsistent provisions in subsections (a) and (b)
regarding phosphorus.
(d) Fertilizers containing nitrogen applied to turf or landscaping plants within the City of
Edaewater shall contain no less than 50 percent slow release nitrogen per guaranteed analysis
label. This subsection supersedes any inconsistent provisions in subsections (a) and (b)
regarding nitrogen.
Sec. 19-117. 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 waterbodies,including wetlands.
(b) Fertilizer shall not be applied,spilled or otherwise deevosited on any impervious surfaces.
(C) Anyfertilizer 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 anv 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 waterbodies,
Sec. 19-118. Management of grass clippings and vegetative matter.
In no case shall grass clippings, vegetative material and/or vegetative debris be washed,
swept or blown off into stormwater drains, ditches, convevances, waterbodies, wetlands or
sidewalks or roadways. Any material that is accidentally so deposited shall be immediately
removed to the maximum extent practicable.
Sec. 19-119. Exemptions.
This article shall apply to:
(1) Bona fide farm operations as defined in F.S.S823.14,`Florida Right to Farm Act."
(2) Other properties not subject to or covered under subsection(a)that have pastures used for
grazing livestock.
' (3) Any lands used for bona fide scientific research, including but not limited to: research on
the effects of fertilizer use on stormwater, water quality,agronomics or horticulture.
(4) Golf courses, athletic fields and turf managed for active recreation, whose owners
implement best management practices as described in Rule 5E-1.003(2)(d), Florida
Administrative Code. "Fertilizers Labeled for Sports Turf at Golf Courses, Parks and Athletic
Fields."
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Sec. 19-120. Training.
(a) All commercial and institutional fertilizer applicators shall abide by and successfully
complete the six-hour training Program in the annual "Florida-Friendly Best Management
Practices for Protection of Water Resources by the Green Industries" offered by the Florida
Department of Environmental Protection (FDEP) through the University of Florida/IFAC
Florida-Friendly Landscapes Program or an approved equivalent
(b) Private, noncommercial applicators are encouraged to follow the recommendations of the
University of Florida/IFAS Florida Yards and Neighborhoods Program when aoolving fertilizers
Sec. 19-121. Licensing of commercial fertilizer applicators.
(a) By September 30. 2019 all commercial fertilizer applicators shall abide by and
successfully complete training and continuing education requirements in the manual "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 or an approved equivalent program
Commercial fertilizer applicators shall provide proof of completion of the program prior to
obtaining a new certificate of use for any category of occupation which may apply any fertilizer
to turf and/or landscape plants. Commercial fertilizer applicators with an existing certificate of
use for any category of occupation which may apply any fertilizer to turf and/or landscape plants
shall provide proof of completion of the Program within 30 days after completing the program
and prior to September 30,2019.
(b) After September 30. 2019, all commercial fertilizer applicators shall have and cam 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 pursuant
to Rule 5E-14.117(18).Florida Administrative Code
(c) By September 30. 2019 all businesses applying fertilizer to turf and/or landscape plants
(including but not limited to: residential lawns. commercial properties and multifamily and
condominium moverties) shall ensure that at least one employee has a "Florida-Friendlv Best
Management Practices for Protection of Water Resources by the Green Industries" training
certificate. Business 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 by at least one
emolovee prior to the business owner obtaining a new certificate of use. Business owners for
any category of occupation which may apply any fertilizer to turf and/or landscape plants with an
existing certificate of use shall provide Proof of completion of the Program by at least one
employee within 30 days after completing the program and prior to September 30,2019.
Sec. 19-122. Enforcement: declaration.
The City Council hereby finds and declares that a violation of this article presents a
serious threat to the public health, safety and welfare and is irreparable or irreversible in nature.
No violator of this article shall be entitled to an opportunity to correct a violation prior to the
levy of a civil penalty in accordance with any of the enforcement methods prescribed in Section
1-8 (General oenalty: continuing violations) and Section 10-347 (Administrative fines and liens)
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or other applicable sections of this Code. The civil penalty shall be in an amount as set forth in
the City of Edgewater's fee resolution in effect at the time of levying such penalties
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