Ordinance No. 28-24ORDINANCE NO.28-24
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH,FLORIDA,AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES,CHAPTER 4,
ZONING REGULATIONS."ARTICLE 4.6."SUPPLEMENTAL DISTRICT
REGULATIONS."SECTION 4.6.16."LANDSCAPE REGULATIONS."
SUBSECTION (I),"MINIMUM MAINTENANCE REQUIREMENTS."TO
REMOVE EXISTING FERTILIZER USE REGULATIONS AND TO CREATE A
NEW SUBSECTION (U)."FERTILIZER MANAGEMENT."TO ESTABLISH NEW
FERTILIZER USE REGULATIONS AND ASSOCIATED DEFINITIONS
PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES;PROVIDING
A CONFLICTS CLAUSE,A SEVERABILITY CLAUSE,AND AUTHORITY TO
CODIFY;PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS,this Ordinance is enacted pursuant to the home rule powers of the City of Delray Beach
(the "City")as set forth in Article VIII,Section 2,of the Constitution of the State of Florida,Chapter 166,
Florida Statutes (F.S.),and other applicable controlling laws;and
WHEREAS,pursuant to Section 303(d)of the Federal Clean Water Act and Chapter 62-303 of the
Florida Administrative Code (F.A.C.),the Florida Department of Environmental Protection (the ··FDEP'')
has classified specific water bodies in Palm Beach County as impaired as a result of the presence of excessive
nutrients;and
WHEREAS,in 2016.the FDEP classified Lake Ida as an impaired waterbody based on failing
bioassessments and nutrients;and
WHEREAS,Section 403.9337,Florida Statutes (F.S.),requires local governments within the
watershed of a water body or water segment listed as impaired by nutrients pursuant to Section 403.067,F.S.,
to adopt an ordinance regulating fertilizer use on urban landscapes;and
WHEREAS,the FDEP issued Palm Beach County Municipal Separate Storm Sewer System Permit
No.FLS 000018-004 (the "MS4 Permit")to forty (40)governmental entities including the City;and
WHEREAS,the MS4 Permit requires local governments within the watershed of a nutrient impaired
water body to adopt FDEP's Model Ordinance for Florida Friendly Fertilizer Use on Urban Landscapes or
an ordinance that includes all the requirements set forth in the Model Ordinance;and
WHEREAS,surface water runoff and base flow runoff leave residential neighborhoods,commercial
centers,industrial areas,and other lands and enter natural and artificial storm water and drainage conveyances
and natural water bodies;and
WHEREAS,phosphorus and nitrogen,the primary nutrients associated with the degradation of
surface water,are commonly the primary components of fertilizer for turf and landscape application;and
WHEREAS,the quality of streams,lakes,and wetlands is important to environmental,economic,and
recreational prosperity and to the health,safety,and welfare of the residents of Palm Beach County;and
WHEREAS,algae blooms and accelerated growth of aquatic weeds in Palm Beach County's water
bodies have heightened community concerns about water quality and eutrophication of surrounding waters;
and
WHEREAS,this Ordinance adopts best management practices to minimize negative environmental
effects associated with excessive nutrients in Palm Beach County's natural and constructed stormwater
conveyances,rivers,creeks,canals,lakes,estuaries and other water bodies,by regulating the proper use of
fertilizers by any applicator;requiring proper training of commercial and institutional fertilizer applicators;
establishing training and licensing requirements;establishing a prohibited application period;and specifying
allowable fertilizer application rates and methods,fertilizer-free zones,and exemptions;and
WHEREAS,pursuant to Florida Statutes 163 .3174(4),the Planning and Zoning Board for the City of
Delray Beach,sitting as Local Planning Agency,considered Ordinance No.28-24 at a public hearing on
September 17,2024,and voted 6 to O to recommend that the proposed text amendment be approved,finding
that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set
forth in the Lanci Development Regulations.
WHEREAS,the City Commission deems approval of this Ordinance to be in the best interest of the
health,safety,and we!fare of the residents and citizens of the City of Delray Beach and the public at large.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH,
FLORIDA,AS FOLLOWS:
Section 1.The recitations set forth above are incorporateci herein.
Section2 Chapter 4,"Zoning Regulations."Article 4.6."Supplemental District Regulations."
Section 4.6.16."Landscape Regulations."Subsection (I)."Minimum Maintenance Requirements."of the
Land Development Regulations of the City of Delray Beach,Florida,is amended as follows:
(I)Minimum maintenance requirements.
(1)-(2)(These subsections shall be in full force and effect as adopted.)
(3)Fertilizer Hagement.
(a)
(b)
Spreader deflector shields are required when fertilizing via rotary spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all
mpervios surfaces fertilizer-free zones and water bodies.mneluding wetlands.
Fertilizers shall not be appled,spilled or otherwise deposited on any impervious
surfaces.Any fertilizers that are spilled,whether intentionally or accidentally,shall be
immediately and completely removed.
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ORD.NO.28-24
(c)In no case shall fertilizer be washed,swept or blown off impervious surfaces into
stomr.vater drains,ditches conveyances or water bodies.
(34)Pesticide management.
(a)All landscape applications of pesticides,including Weed and Feed products,should
be made in accordance with State and Federal Law and with the most current version
of the Florida-friendly Best Management Practices for Protection of Water Resources
by the Green Industries.
(b)Property owners and landscape management companies perfonning pesticide control
within the City are strongly encouraged to use Integrated Pest Control (IPC).
Biological control is a natural and effective means of eradicating unwanted pests
within a landscape.It has relatively little impact on the environment and prevents the
unnecessary use of chemicals.
(c)When using pesticides,all label instructions are state and federal law and must be
adhered to.
(45)Pruning of trees.Maintenance pruning of trees is to allow for uniform healthy growth.Trees
shall be allowed to attain their normal size,and at a minimum attain a 20-foot spread of
canopy,prior to any pruning except in conjunction with the removal of diseased limbs,or to
remove limbs or foliage that present a hazard to power lines or structures.Lower branches
and suckers must be selectively removed to provide a minimum of six feet of clear trunk.
Severely cutting back lateral branches and canopy,or "hatracking"is expressly prohibited.
Trees may be periodically thinned in order to reduce the leaf mass in preparation for tropical
storms.All pruning shall be accomplished in accordance with the National Arborist's
Standards.A tree's habit of growth must be considered before planting to prevent conflicts
with view or signage and such a conflict shall not of itself necessarily permit the pruning or
removal of a tree.
Section3.Chapter 4,"Zoning Regulations,"Article 4.6,"Supplemental District Regulations."
Section 4.6.16."Landscape Regulations,"of the Land Development Regulations of the City of Delray Beach,
Florida,is hereby amended to adopt a new Subsection (J)."Fertilizer Management,"as follows:
U Fertilizer_Management_
(l)Purpose and intent_The Florida Department of Environmental Protection has determined
that certain water bodies within Palm Beach County are impaired by excessive nutrient levels
associated with improper Fertilizer use.This section adopts Best Management Practices for
Fertilizer use from the most recent edition of the "Florida-Friendly Best Management
Practices for Protection of Water Resources bv the Green Industries"in compi i ance with
Section 403.067.Florida Statutes.
(2)Applicability_These regulations shall be applicable to and shall regulate any and al]
Applicators of Fertilizer and areas of Application of Fertilizer to Urban Landscapes within the
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ORD.NO.28-24
City of Delray Beach,unless such Application is specifically exempted by Subsection (9).
ill Definitions.The following definitions apply to Section 4.6.l 6(J):
Application,Applv,or App/vin g.The actual physical deposit ofFertilizer to Turfor Landscape
Plants.
Applicotor.Any person who Applies Fertilizer on Turf and/or Landscape Plants in the City
of Delray Beach.
Approved Test.A soil test from the University of Florida or other commercial laboratory
licensed to perform soil testing.
Best Management Practices (BMPs).Turf and landscape practices or combination of
practices based on research,field-testing.and expert review.determined to be the most
effective and practical site-specific means,including economic and technological
considerations,for improving water quality.conserving water supplies,and protecting natural
resources.
Commercial Fertilizer _Applicator__Except as provided in Section 482._1562(9),Florida
Statutes.any person who Applies Fertilizer for money,goods.services,or other valuable
consideration.
Fertilizer.Anv substance or mixture of substances.except pesticide/fertilizer mixtures such
as "yged and feed products,_that contains one or more recognized plant nutrients and
promotes plant growth.or controls soil acidity or alkalinitv,or provides other soil enrichment.
or provides other corrective measures to the soil.
Fertili::.ing or Fertili::.otion.The act of Applying Fertilizer to Turf,specialized turf,or
Landscape Plants.
institutional Applicator.Any person,other than a private,non-commercial or a commercial
Applicator (unless such definitions also apply under the circumstances)that Applies Fertilizer
for the purpose of maintaining Turf and/or Landscape Plants.Institutional Applicators shall
include but_shall_not_be_limited to,owners__managers_or employees of public lands_schools,
parks.religious institutions.utilities,industrial or business sites,and any residential properties
maintained in condominium and/or common ownership.
Landscape Plant.Anv native or non-native tree,shrub,or groundcover (excluding Turf).
Lor@intenanee Zone__A_minimum_ten(_[0)foot_wide area adjacent_to water courses that_is
planted and managed in order to minimize the need for Fertilization__watering,mowing,etc.
Pasture.Land managed for livestock grazing.
Prohibited_Application Period._The time period during which a flood watch or warning,a
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ORD.NO.28-24
tropical_storm yatch or warning,or a hurricane watch or warning is in effect for any portion
of the City of Delray Beach,issued by the National Weather Service.or if heavy rain (2inches
or more within a twenty-four (?4)hour period)is likely.
Saturated Soil.Soil in which the voids are filled with water.Saturation does not require flow.
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.
Turf_or_Lan__An_area of grass-covered_soil_held together by the roots of the grass.
Urban landscape.Pervious areas on residential,commercial,industrial.institutional.
highway rights-of-way,or other nonagricultural lands that are planted with Turf or Landscape
Plants.Agriculture has the same meaning as provided in Section 570.02.Florida Statutes.
(4)Timing_of_Fertilizer application.
(a)Fertilizer containing nitrogen and/or phosphorus shall not be Applied before seeding
or sodding a site and shall not be Applied for the first30 days after seeding or sodding,
except when hydro-seeding for temporary or permanent erosion control in an
emergency situation (wildfire,etc.),or in accordance with the stormwater pollution
prevent plan for that site.
[hl No Applicator shall Apply Fertilizers containing nitrogen and/or phosphorus to Turf
and/or Landscape Plants during a Prohibited Application Period or to Saturated Soils.
()Fertilizer free_zones.Fertilizer shall_not be_Applied within_ten feet_or three feet_if a deflector
shield or drop spreader is used.of any pond,stream,water body.lake.canal.or wetland as
defined by the Florida Department of Environmental Protection,Chapter 62-340,Florida
Administrative Code,or from the top of a seawall or lake bulkhead.Newly planted Turf 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 vegetation to become well established.Caution shall be
used to prevent direct deposition of Fertilizer into the water.
(6)Loy_Maintenance Zones__A voluntary ten (_IQ)foot Lo _Maintenance Zone is strongly
recommended.but not mandated,from any pond,stream.water course,lake,wetland or from
the top of a seawall.A swale/bem1 system is recommended for installation at the landward
edge of the Low Maintenance Zone to capture and filter runoff.If more stringent City of
Delray Beach Code regulations apply,this Provision does not relieve the requirement to
adhere to the more stringent regulations.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.
(l)Fertilizer content and application_rate.
Fertilizers Applied to Turfshal]be Applied in accordance yith requirements and
directions provided by Rule 5E-1.003(2)Florida Administrative Code."Labeling
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ORD.NO.28-24
Requirements for LUrban Turf Fertilizers".LUnder Rule 5E-1_003(2)Florida
Administrative Code.required Application rate and frequency maximums,which vary
by plant and Turf types,are found on the labeled Fertilizer bag or container.
ili}Nitrogen or phosphorus Fertilizer shall not be Applied to Turf or Landscape Plants
except as provided in Subsection (7)(a)above for Turf,or in the University of Florida
Institute of Food and Agricultural Sciences (UF/IF AS)recommendations for
Landscape Plants,_vegetable gardens_and_fruit_trees and_shrubs,_unless_a soil or tissue
deficiency has been verified by an Approved Test.
(e)Fertilizers used at golf courses shall be Applied in accordance with the
recommendations in ··Best Management Practices for the Enhancement of
Enyironmental Quality on Florida Golf Courses'',published by the Florida Department
of Environmental Protection,dated January2007,as may be amended.Fertilizers used
at parks or athletic fields shall be Applied in accordance with Rule 5E-L_003(2)
Florida Administrative Code.
(8)Fertilizer application practices
(a)Spreader deflector shields shall be used when Fertilizing via rotary (broadcast)
spreaders.Deflectors must be positioned such that Fertilizer granules are deflected
away from all impervious surfaces,fertilizer-free zones and water bodies.including
wetlands.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.
(b)
e)
Fertilizer released on an impervious surface must be immediately contained and either
legally applied to Turf or any other legal site,or returned to the original or other
appropriate container.
In no case shall Fertilizer be washed.swept,or blown off impervious surfaces into
stormyater drains_ditches,conveyances_or water bodies.
(d)Property owners and managers are encouraged to use an integrated pest _management
strategy as currently recommended by the University Of Florida Cooperative
Extension Service Publications and to utilize the plant selection and landscape design
standards of the UFIFASFlorida-Friendly Landscape Program
(9)Management of grass clippings and vegetative matter._In no case shall grass clippings.
vegetative material__and_or vegetative debris intentionally be yashed,sept,blown__or
otheryyise deposited onto or into storm water drains_drainage ditches or conveyances,_yater
bodies,wetlands.sidewalks or roadways.Any material that is accidentally deposited shall be
immediately removed to the maximum extent practicable and disposed of in accordance with
applicable codes and regulations_
(lO)Exemptions.The requirements in Section 4.6.16(J)shall not apply to:
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ORD.NO.28-24
(a)Bona fide farm operations as defined _in the Florida Right to Farm_Act,Section 823.14
Florida Statutes;
(b)Other properties not subject to or covered under the Florida _Right to Farm_Act that
have Pastures used for grazing livestock;or
(e)Any lands used for bona fide scientific _research,including_but not limited to_research
on the effects of Fertilizer use on urban stormwater,water quality,agronomics,or
horticu I ture.
(Il)Training.
ill All commercial and Institutional Applicators of Fertilizer within the City of Delray
Beach shall abide by and successfully complete the six-hour training program as
described in the '·Florida-Friendly Best Management Practices for Protection of Water
Resources bv the Green Industries"offered by the Florida Department of
Environmental Protection through the University of Florida/Palm Beach County
Cooperative Extension Service Florida-Friendly Landscapes Program or an equivalent
program acceptable to the City.
(b)Non-commercial and non-Institutional Applicators not otherwise required to be
certified.such as private citizens on their own residential property,are encouraged to
follow the recommendations of the UF/IFAS"Florida-Friendly_Landscape Program"
and label instructions when Applying Fertilizers.
(12)Licensing of__Commercial_Applicator.
(a)AI]businesses Applying Fertilizer to Turf or Landscape Plants (including.but not
limited to,residential Lawns,golf courses,commercial industrial properties,and
multi-family and condominium properties)must ensure that the business owner or
designee holds the appropriate "Florida-Friendly Best _Management Practices for
Protection of Water Resources by the Green Industries ..training certificate prior to the
business owner obtaining a local business tax certificate 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 to the City of Delray Beach business tax
office.It_is the responsibility of the business oner to maintain the "Florida-Friendly
Best Management Practices for Protection of Water Resources by the Green
Industries"certificate to receive their business tax receipt annually.
(b)After December31_2024al]Commercial Applicators of Fertilizer within the City
shall haye and carry in their possession at_all times when_Applying Fertilizer_evidence
of certification bv the Florida Department of Agriculture and Consumer Services as a
Commercial Fertilizer Applicator per Rule SE-14.117(11 ).Florida Administrative
Code.
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ORD.NO.28-24
AIL businesses Applying Fertilizer to Turf and_or Landscape Plants (including.but_not
limited to.residential Lawns,golf courses,commercial/industrial properties,and
multi-family and condominium properties)must ensure that at least one employee has
an appropriate '·Florida-Friendly Best Management Practices for Protection of Water
Resources by the Green Industries"training certificate prior to the business owner
obtaining a business tax receipt.
[.Ll_}Enforcement.The requirements of this section shall be enforced by the City of Delray Beach
Code Enforcement Board or Special Magistrate pursuant to the authority granted by Section
162.0 I,Florida Statutes,as may be amended,and the City of Delray Beach Code of
Ordinances.
ill.l Penalties.Violations of any of the provisions of this Section shall be punishable as set forth
in Section 10.99 of this Code.
Section 4.
repealed.
All ordinances or parts of ordinances in conflict herewith be,and the same are,hereby
Section5.Should any section or provision of this Ordinance or any portion thereof,any
paragraph,sentence,or word be declared by a court of competent jurisdiction to be invalid,such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 6.Specific authority is hereby given to the City Clerk to codify this Ordinance.
Section 7.
final reading.
/PASSED AND ADOPTED in regular session on second and final reading on this he /"ay of
/UY1b0 2024.
This Ordinance shall become effective immediately upon its passage on second and
Ateris Giigs.n eiCc ceia
2.lo.{
Thomas F.Camey,Jr.,Mayor
First Reading l I
Second Reading ----,/:,,__~~~f-~'8-i~-C~ókf__,__
vola/2col
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O R D .NO .28-24