The purpose of this article is to preserve, protect and enhance the wetlands within the Town, based on a policy of no net loss of wetland function, in acknowledgment of the important natural function of wetlands in flood control, water quality and wildlife preservation.

a)

It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge, clear, destroy, or alter any wetland or buffer, without obtaining a wetlands alteration permit from the appropriate jurisdictional agencies including, but not limited to, SJRWMD, FDEP, ECFRPC, and ACOE. The Town shall accept decisions made by federal, state or regional agencies concerning wetland alterations where their issued permits are deemed to completely address the requirements of this article. No final development order shall be issued by the Town until any or all such other agency permits are issued.

b)

Application procedure. Application shall be made to the Town as part of the application for development plan approval, when applicable. This package may be the same as submitted to the agencies. In addition to information already required to be submitted per other sections of the Code, the submittal shall include the following information if not already included in the information submitted to the other regulatory agencies:

1)

Name, address, and phone number of applicant, and of any biologists, engineers, or other consultants providing information or acting as agent for the applicant.

2)

The type and extent of wetland areas as designated by the St. Johns River Water Management District (SJRWMD) mapped to scale.

3)

The Town's buffer zones and conservation easements required by regulatory agencies.

4)

A detailed description of any proposed activity within the SJRWMD wetlands and within any buffer zones.

5)

Copies of all approved permits and submittal packages for all federal, state and regional agencies with jurisdiction over the wetlands on the site.

Wetlands alterations shall meet the following wetlands protection standards:

a)

There shall be no net loss of wetland function and wetlands shall be protected or used in a manner that does not adversely impact their beneficial functions. Passive recreation activities such as, but not limited to, boardwalks, fishing piers, boat docks, and nature trails are allowed within wetlands.

b)

Wetlands shall be protected from sedimentation during development activities.

c)

Where impacts on wetlands are determined to be unavoidable, mitigation shall be required based on the appropriate jurisdictional agency.

d)

Nonaltered wetlands shall be buffered through preservation of a suitable width of upland vegetation, based on the buffer requirements criteria of this article.

e)

Nonaltered wetlands, mitigation areas and buffers shall be placed in a conservation easement in accordance with F.S. ch. 704.06, or as amended, and recorded in the Public Records of Lake County. Dedication of the conservation easement shall be to the Town of Lady Lake and/or an appropriate State of Florida regulatory agency.

Buffer zones shall be established upland of the landward extent of the wetland jurisdictional line as determined by the St. Johns River Water Management District criteria.

a)

The following buffers shall be required for isolated wetlands, non-isolated wetlands, and wetlands hydrologically connected (contiguous) to rivers or streams:

b)

The buffer may be modified along the perimeter of the wetland system to accommodate the development design. In this case, the upland buffer shall be located such that no less than an average and minimum buffer, as listed below, exists along the perimeter of the wetland system.

c)

The buffer may coincide with a portion of the required setback on a developable lot, however, no building or primary structure shall be permitted within ten (10) feet of the buffer boundary.

d)

In such cases where limited vegetation cover and/or lack of native vegetation occurs within the required buffer area, stormwater swales and sodding will be permitted to occur within the upland buffer zone. The extent of the stormwater swales encroachment within the upland buffer shall be limited to fifty (50) percent of the buffer width.

e)

In no case shall a buffer impede reasonable access to a body of water.

Activities which are exempt from the requirements of this article include:

a)

Minor maintenance or emergency repair to existing structures or improved areas.

b)

Timber catwalks and docks four (4) feet or less in width.

c)

Recreational fishing or hunting, and creation and maintenance of temporary blinds.

d)

Selective cutting or hand-removal of non-native problematic vegetation including cattails (Typha spp.), primrose willow (Ludwigia spp.), wild taro (Colocasia esculenta), giant reed (Phragmites spp.), paragrass (Panicum purpurascens), punk tree (Malaleuca quinquenervia), and pepper tree (Schinus terebinthifolius).

e)

Clearing of native vegetation within any wetland along a shoreline shall be limited pursuant to Shoreline Protection section of this Appendix [Article II].

f)

Outfall structures and discharge pipes such that the installation of the structures does not adversely affect the function of the wetland.

g)

Cleared walking trails four (4) feet or less in width and having no structural components or impervious surface.

h)

Utility crossings.

i)

Maintenance, together with incidental dredge and fill activities in ditches, retention and detention areas, public roads and other rights-of-way, and other related drainage systems.

j)

Bonafide mosquito control activities.

k)

Activities within the littoral zone of a wet detention system.

l)

Constructing fences where no fill is required and where navigational access will not be hindered.

The following remedies and penalties shall apply to violations of this article:

a)

Where unauthorized removal or destruction of wetland vegetation has taken place in an otherwise undisturbed wetland or buffer area, it shall be replaced based on any information from approved permits, or based on surrounding undisturbed vegetation.

b)

Where violations of the dredge and fill or wetland rules and regulations imposed by Federal, State or regional agencies are noted by the Town, such violations may be reported in writing to the appropriate agency.

a)

Variances and appeals to this article shall be considered based on the procedures in the Developmental Procedures and Regulations chapter.

b)

No variance or appeal will be considered where the action or requirement in question clearly is derived from the actions or requirements of federal, state or regional agencies as part of their permitting process.

c)

Minor technical variances, when clearly within the intent of this article, may be authorized by the Town Manager.

To protect the shoreline areas of the Town and, specifically, to regulate the land use development of these shorelines.

a)

Setbacks from the ordinary high water line (OHWL) shall be as follows:

1)

All habitable structures shall be located no closer than twenty-five (25) feet.

2)

Septic tank drainfields shall be located a minimum of one hundred (100) feet from the OHWL or as far landward from the shoreline as possible based on the depth of the lot.

b)

If no OHWL is recorded, the wetland line or the mean annual high water line may be used, whichever is greater.

(Ord. No. 2018-16, § 1(Exh. A), 3-19-2018)

a)

A minimum twenty-five (25) foot buffer zone of native upland vegetation, measured from the OHWL, shall be provided around existing rivers, lakes and ponds which are preserved on development sites.

b)

If the lake or open water body is wholly owned and contained within a single lot or parcel then the buffer may be modified to allow for greater access. In this case, the upland buffer shall be located such that not less than an average of twenty-five (25) feet of total upland buffer with a minimum of ten (10) feet exists along the perimeter of the shoreline.

c)

Disposal of any wastes, including but not limited to, liquid, solid, construction materials, debris, including yard trash, is prohibited within the shoreline buffer.

d)

Clearing in the buffer zone shall be allowed only as specified below.

a)

No more than a total of twenty-five (25) lineal feet along the shoreline of any lot may be cleared of vegetation for the creation of a beach, or for any other purpose or structure.

b)

Exotic and nuisance plant species as specified in the Exemptions section of the Wetlands Protection article may be removed from the entire shoreline.

Prior to construction or clearing for any new development or substantial improvements to existing development at a shoreline, copies of all state and federal regulatory agency permits shall be provided to the Town. These regulatory agencies include, but are not limited to, U.S. Army Corps of Engineers (ACOE), St. Johns River Water Management District (SJRWMD), and Florida Department of Environmental Protection (FDEP). Compliance with the "Best Management Practices" Erosion Control Methods is required for all shoreline development to limit chemical and sediment pollutant discharge to the adjacent water body.

Individual single-family dwellings constructed within existing lots or parcels of record and manmade lakes for the purpose of water retention are exempt from the shoreline buffer requirement.

a)

All areas preserved or conserved under this article shall be recorded with the Public Records of Lake County as a conservation easement in accordance with F.S. ch. 704.06, or as amended.

b)

Dedication of the conservation easement shall be to the Town of Lady Lake or a State of Florida regulatory agency.

To protect the natural resources of the Town for the benefit of its citizens; specifically, to prevent destruction of listed plant and animal species in the Town and to preserve areas of native vegetation.

a)

The vegetation of the natural community shall be preserved through project site design. A minimum of ten (10) percent of the total cumulative acreage of natural upland communities which occur on-site shall be preserved.

b)

In no case shall the upland areas required to be preserved exceed the open space requirements for the proposed development.

c)

The preserved area(s) shall be allowed as credit toward landscape requirements, landscape buffers, wetland buffers, habitat protection areas and open space requirements.

Application shall be made as part of the application for development plan approval, when applicable. This package may be the same as submitted to other regulatory agencies. In addition to information already required to be submitted per other sections of the Code, submittal shall include the following information if not already included in the information submitted to the other regulatory agencies.

a)

An environmental assessment and wildlife survey shall be required for projects which are more than ten (10) acres in size or exceed two (2) acres of impervious surface or for areas located within the Forested Upland Communities as designated on Map 1-2f of the Existing Land Use Map Series. The environmental assessment shall be prepared by a qualified biologist and/or environmental scientist. The environmental assessment shall include a FLUCFCS map which delineates the vegetative community types observed on the site.

b)

Explanation of the field surveying method applied, such as transect, arrays, etc.

c)

A habitat management plan shall be required for all developments if listed species are found on the property and on-site preservation is warranted. The management plan shall be prepared by a qualified biologist and/or environmental scientist. The habitat management plan must receive approval from Florida Game and Fresh Water Fish Commission and U.S. Fish and Wildlife Service (if applicable) before final construction plan approval.

1)

The applicant or his successor in interest is fully responsible for all aspects of the implementation of the management plan. A monitoring report as to the condition of the habitat and the results of the management techniques applied to the habitat shall be submitted to Florida Game and Fresh Water Fish Commission for review as required per their regulations.

2)

The preservation areas and associated buffers shall exist as "open space" for the development and will be credited toward open space requirements. Development within these areas shall be limited to passive recreational activities which do not degrade the habitat and may include picnic areas and mulched trails. A conservation easement shall be granted to the Town for the preserved areas and associated buffers as a condition of the final development order. In addition, the transfer of density from the preservation area to an unoccupied area is permitted within a planned unit development (PUD).

3)

In the event that adjacent parcels include conservation easements or other public lands, the Town shall propose to connect the easements to provide wildlife corridors.

d)

Indication of any evidence that listed species may be present including sightings, signs, tracks, trails, or suggestions of feeding.

The property owner and/or developer may contribute funds in lieu of protecting critical habitat on-site. The funds may be allocated toward a county or regional land acquisition program or contributed to the "Fish and Wildlife Trust Fund" administered and managed by the Florida Game and Fresh Water Fish Commission (FGFWFC). Contributions will be based on the acreage of onsite suitable habitat that would otherwise be required to be preserved. The amount of the contribution will be determined by either the administration of the designated mitigation bank and/or FGFWFC.

The property owner and/or developer may relocate individuals utilizing the standards and criteria developed by FGFWFC and/or U.S. Fish and Wildlife Service. A copy of the relocation permit shall be forwarded to the Town prior to initiation of the relocation effort.

The purpose of this section is to comply with Policy 5-1.2.1, Restrict Activities Known to Adversely Affect the Quality of Surface and Ground Water within the Goals and Objectives of the Conservation Element for the Town of Lady Lake.

Large quantity generators of hazardous waste as designated by the U.S. Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection (FDEP) shall be prohibited within areas designated as High or Prime recharge areas as designated by St. Johns River Water Management District pursuant to F.S. § 373.0395, or as amended.

a)

The purpose of this subsection is to comply with Policy 5-8.1 Designation of Environmentally Sensitive Areas, Policy 5-8.6 Development Restrictions Within and Adjacent to Sinkholes and Policy 5-2.9 Groundwater Contamination Introduced through Sinkhole Passages within the Goals and Objectives of the Conservation Element for the Town of Lady Lake.

b)

When a sinkhole develops, proper planning and engineering to repair or alleviate damages are needed to reduce adverse environmental impacts.

a)

If there is an existing sinkhole on the proposed development, or indication that a sinkhole may develop in the future, then a detailed geological/geotechnical investigation may be required.

b)

This investigation must be conducted by a certified geologist or professional engineer and a report submitted to the Town Manager or designee for consideration. The geologic investigation shall be comprehensive enough that recommendations for site planning, engineering design and construction techniques may be made.

c)

The Town Commission shall approve or deny the development proposals based upon the scale of the development and the hazards revealed within the investigation.

a)

Stormwater structures, other than stormwater swales, may only be placed within fifty (50) feet of any existing sinkhole area with the approval of SJRWMD.

b)

No utility structures, above or beneath ground, shall be placed in or adjacent to an existing sinkhole unless approved by the Town Manager or designee.

c)

No buildings, structures or impervious surface shall be located over or adjacent to an existing sinkhole unless it is determined by a certified geologist or professional engineer that the area is safe.

d)

No septic systems, drain fields, solid waste disposal areas, or chemical storage shall occur within one hundred (100) feet of the existing sinkhole unless it is determined by a certified geologist or professional engineer that there is no subsurface connection that may cause contamination or damage to the groundwater.

All existing sinkholes and/or any new sinkhole areas shall be placed into a conservation easement, if warranted. The conservation easement shall be recorded with the Public Records of Lake County in accordance with F.S. ch. 704.06, or as amended, and shall be dedicated to the Town of Lady Lake or a State of Florida regulatory agency.

The purpose of this subsection is to comply with Policy 5-1.1 Promote Activities Conducive to Safe Air Quality within the Goals and Objectives of the Conservation Element for the Town of Lady Lake.

The Town Commission finds that it is in the best interest of the public health and safety and of the environment to prohibit the open burning of material discarded incidental to land clearing or construction practices. It is the purpose of this subsection to regulate open burning.

The following activities are exempt from the provisions of this subsection upon receipt of a burn permit from a fire official.

a)

Burning activities incidental to development, agricultural and silvicultural operations as set forth in the State of Florida Department of Agriculture and Consumer Services, Division of Forestry (Chapter 5I-2, Florida Administrative Code), or as amended. A permit from the jurisdictional agency shall be required.

b)

Burning activities associated with the use of aboveground refractory air curtain incinerators permitted by the Florida Department of Environmental Protection (FDEP) and operated by governmental entities.

c)

Open burning activities associated with control burns of native vegetative communities and habitat management. These activities must be supervised by either the Division of Forestry or a qualified consultant.

All land uses in all zoning districts shall be constructed and operated in a manner which is not injurious or offensive to the adjacent land uses due to the emission or creation of smoke, dust or other particulate matter, toxic or noxious waste material and fire. Air pollutants shall be regulated by the standards cited below.

a)

Smoke. Every use shall be so operated as to prevent the emission of smoke as specified in Chapter 17-2 F.A.C., Air Pollution and Chapter 17-256, Open Burning and Frost Protection Fires, or as amended.

b)

Particulate matter. Every use shall be so operated as to prevent the emission of solid matter into the air as specified in Chapter 17-2 F.A.C. Air Pollution, or as amended.

Hazardous substance means any substance which is defined as a hazardous substance in 42 USC Section 9601 (14), or as amended, and which is designated as a hazardous substance in 40 CFR Section 302.4 (1987), or as amended.

Facility means (a) any building structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (b) any site or area where a hazardous substance has been deposited, stored, disposed of, placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel.

a)

All new development involving the handling, generation or storage of hazardous wastes shall meet the following standards for permitting approval:

1)

Environmental Protection Agency, 40 CFR Parts, 260, 261, 262, 263, 270 and 271, dated March 24, 1986, as amended, or as subsequent amendments.

2)

The regulations, including the submittal of the approved state permits, relating to rule 17-730, F.A.C., Hazardous Waste; rule 17-761, F.A.C., underground storage tank systems; and rule 17-762, F.A.C., above ground storage tank systems, or as amended.

b)

All users and generators of hazardous waste and materials located in the Town of Lady Lake shall submit plans, procedures, documentation and necessary government agency permits to the Town Manager or designee to ensure that such waste and materials are properly stored, disposed of and processed.

Documentation from all governmental agencies responsible for approval of the construction plans, procedures and programs for the premises shall include one (1) or more of the following:

U.S. Environmental Protection Agency.

U.S. Department of Transportation.

Florida Department of Environmental Protection.

Florida Department of Transportation.

Florida Department of Community Affairs.

Florida Department of Labor and Security.

Florida Department of Law Enforcement.

Florida Department of State.

St. Johns River Water Management District.

c)

Private agencies. Documentation from private agencies and businesses shall include information, contracts, agreements, procedures and similar materials from private waste management companies employed by the owner to dispose of hazardous waste and materials from the premises in question.

a)

Legislative findings. As a result of impairment to the Town's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs, the Town has determined that the use of fertilizers on lands within Town of Lady Lake has the potential for adverse effects on surface and/or ground water. Accordingly, the Town finds that management measures contained in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries," as amended, may be required by this article.

b)

Purpose and intent. This section 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; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. The ordinance 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 the Town of Lady Lake's natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of the Town of Lady Lake residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality.

c)

Scope of application. This article shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the Town of Lady Lake, Florida, unless such applicator is specifically exempted under this section from the regulatory provisions of this section. This article shall be prospective only, and shall not impair any contracts existing before October 1, 2023.

(Ord. No. 2023-14, § 2, 9-18-2023)

The following words, terms and phrases, when used in this section, will have the meanings set forth below unless the context clearly indicates otherwise.

Administrator means the Town Manager or designee who has the authority to administer and enforce the provisions of this section.

Application or apply means the actual physical deposit of fertilizer to turf or landscape plants.

Applicator means any person who applies fertilizer on turf and/or landscape plants in the Town of Lady Lake, Florida.

Best Management Practices means turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources.

Commercial fertilizer applicator, except as provided in F.S. § 482.1562(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator.

Fertilize, fertilizing, fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants.

Fertilizer means any substance or mixture of substances that contains one (1) 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.

Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.

Institutional applicator means 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 means any native or exotic tree, shrub, or groundcover (excluding turf).

Low maintenance zone means an area a minimum of fifteen (15) feet wide adjacent 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, and/or any group of people acting as an organized entity.

Prohibited application period means the time period during which a flood watch or warning, or a tropical storm watch or warning, or a hurricane watch or warning is in effect for any portion of the Town of Lady Lake, issued by the National Weather Service.

Town of Lady Lake Approved Best Management Practices Training Program means a training program approved per F.S. § 403.9338, as amended, or any more stringent requirements set forth in this section, that includes the Florida Department of Environmental Protection's Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008, as amended.

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 piece of grass-covered soil held together by the roots of the grass.

Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants.

(Ord. No. 2023-14, § 2, 9-18-2023)

a)

Timing of fertilizer application.

1)

No applicator shall apply fertilizers containing nitrogen or phosphorus, or both to turf or landscape plants during the prohibited application period, or to saturated soils.

2)

Fertilizers containing nitrogen or phosphorus may not be applied to turf from June 1 to and including September 30 of each year.

3)

Fertilizers containing iron, manganese and other micronutrients (excluding nitrogen, phosphorus, or both), commonly referred to as summer blends, may be applied to turf from June 1 to and including September 30 of each year as recommended by Florida Yards and Neighborhood/Florida Friendly Landscape Program.

b)

Fertilizer free zones. Fertilizer shall not be applied within twenty-five (25) feet of any pond, stream, watercourse, lake, canal, or wetland as defined in Chapter 62-340, F.A.C., as amended, or from the top of a seawall. Caution shall be used to prevent direct deposition of nutrients into the water.

c)

Low maintenance zones. A voluntary fifty (50) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. If more stringent 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 shall be taken to prevent the over-spray of aquatic weed products in this zone.

d)

Fertilizer content and application rates.

1)

Fertilizers applied to turf within the Town of Lady Lake shall be applied in accordance with requirements and directions provided by Section 5E-1.003, FA.C., as amended.

2)

Fertilizers containing nitrogen shall not be applied before seeding or sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site.

3)

Fertilizers containing nitrogen or phosphorus shall not be applied to turf or landscape plants except as provided in subsection (1) above for turf, or in UF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs. Furthermore, fertilizers containing phosphorus shall not be applied to turf unless a soil or tissue deficiency has been verified by an approved test.

4)

Fertilizers containing nitrogen applied to turf or landscaping plants during the period of October 1 through May 31 must contain no less than fifty (50) percent slow release nitrogen.

e)

Application practices.

1)

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

2)

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

3)

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.

4)

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.

5)

In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies.

f)

Management of grass clipping 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, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable.

g)

Exemptions. The provisions set forth above in this article shall not apply to:

1)

Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14, as amended;

2)

Other properties not subject to or covered under the subsection 1 above 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 urban stormwater, water quality, agronomics, or horticulture; and

4)

Golf courses, athletic fields and turf managed for active recreation, whose owners implement best management practices as described in Section 5E-1.003(2)(d), F.A.C. entitled "Fertilizers Labeled, for Sports Turf at Golf Courses, Parks and Athletic Fields," as amended.

(Ord. No. 2023-14, § 2, 9-18-2023)

a)

All commercial and institutional applicators of fertilizer within the Town of Lady Lake shall abide by and successfully complete the training program in the "Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida-Friendly Landscaping™" program, or an approved equivalent.

b)

Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers.

(Ord. No. 2023-14, § 2, 9-18-2023)

All commercial applicators of fertilizer within the Town of Lady Lake shall have and carry 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 per Section 5E-14.117(18), F.A.C. All businesses applying fertilizer to turf and/or landscape plants (including, but not limited to, residential lawns, golf courses, commercial properties, and multi-family and condominium properties) must ensure that at least one (1) employee has a "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate.

(Ord. No. 2023-14, § 2, 9-18-2023)