All areas used for the display or parking of any and all types of vehicles, boats or construction equipment, whether such vehicles, boats or equipment are self-propelled or not and all land upon which vehicles traverse the property as a function of the primary use, hereinafter referred to as "other vehicular uses," including but not limited to activities of a drive-in nature such as filling stations, grocery and dairy stores, banks, restaurants, new and used car lots, and the like, shall conform to the minimum landscaping requirements provided herein, except areas used for parking or other vehicular uses under, on, or within buildings, and parking areas serving single family dwellings since such residential areas are normally voluntarily landscaped.

A.

Installation. All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting procedures with the quality of plant materials as hereinafter described. All elements of landscaping exclusive of plant material, except hedges, shall be installed so as to meet all other applicable ordinances and code requirements. Landscaped areas shall require protection from vehicular encroachment. A qualified representative of the agency charged with the issuance of building permits shall inspect all landscaping and no certificates of occupancy and use or similar authorization will be issued unless the landscaping meets the requirements provided herein.

B.

Maintenance. The owner, or his agent, shall be responsible for the maintenance of all landscaping which shall be maintained in good condition so as to prevent a healthy, neat, and orderly appearance and shall be kept free from refuse and debris. All landscaped areas shall be provided with a readily available water supply with at least one outlet located within fifty (50) feet of all plant material to be maintained.

C.

Plant material.

1.

Quality. Plant materials used in conformance with provisions of this ordinance shall conform to the Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part 1, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass seed shall be delivered to the job site in bags with Florida Department of Agriculture tags attached indicating the seed growers compliance with the Department's quality control program.

2.

Trees. Trees shall be species having an average mature spread of crown in Palm Beach County of greater than fifteen (15) feet and having trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread of crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown spread. Palms shall be considered trees and exempt from the fifteen (15) foot crown spread criterion.

Tree species shall be a minimum of eight (8) feet overall height immediately after planting. Trees (see list below) with roots known to cause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public improvements, unless the tree root system is completely contained within a barrier for which the minimum interior dimensions shall be five (5) feet square or an equivalent and five (5) feet deep, and for which the construction requirements shall be four (4) inch thick concrete reinforced with #6 road mesh (6×6×6) or an equivalent approved by the city.

3.

Shrubs and hedges. Shrubs and hedges shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one year after time of planting.

4.

Vines. Vines shall be a minimum of two (2) feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified.

5.

Ground cover. Ground covers, either vegetative or non-living, used in whole or in part shall present a finished appearance and reasonably complete coverage within three (3) months after planting. However, when slow maturing ground covers are used, they shall be mulched.

6.

Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in Palm Beach County. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod or other acceptable erosion control measures shall be used in swales or other areas subject to erosion. In areas where other than solid sod or grass seed is used between the months of October and March, nurse grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.

D.

Required landscaping adjacent to public rights-of-way. On the site of a building or open lot use providing an off-street parking area or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such area and such right-of-way, as follows:

1.

A strip of land at least five (5) feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped, such landscaping to include on tree for each forty (40) lineal feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area or other vehicular use area and shall be planted in a planting area of at least twenty-five (25) square feet with a dimension of at least five (5) feet. In addition, a hedge, wall, or other durable landscape barrier of at least eight (8) inches in height shall be placed along only the interior perimeter of such landscaped strip. If such durable barrier is of non-living material, for each ten (10) feet thereof, one (1) shrub or vine shall be planted abutting such barrier along the street side of such barrier. The remainder of the required landscaped areas shall be landscaped with grass ground cover, or other landscape treatment.

E.

Perimeter landscaping relating to abutting properties. On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use area, such area shall be provided with a landscaped barrier, preferably a hedge not less than four (4) feet nor greater than twenty (20) feet in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than two and one-half (2½) feet in width. The provisions of this subsection shall not be applicable in the following situations:

1.

When a property line abuts a dedicated alley.

2.

Where a proposed parking area or other vehicular use area abuts an existing hedge, said existing hedge may be used to satisfy the landscape requirements of this subsection provided that said existing hedge meets all applicable standards of this ordinance.

F.

Accessways. The maximum width of an accessway (whether one- or two-way traffic) through the required perimeter landscape strip to an off-street parking or other vehicular use area shall be forty (40) feet. No more than one forty (40) foot accessway may be permitted for each one hundred (100) feet of street frontage or major fraction thereof. The balance of such street frontage not involved with accessway shall be landscaped in accordance with the provisions of this section.

G.

Parking area interior landscaping. Off-street parking areas shall have at least twenty (20) square feet of interior landscaping for each parking space excluding those spaces abutting a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a perimeter. Each separate landscaped area shall contain a minimum of twenty-five (25) square feet and shall have a minimum dimension of at least five (5) feet and shall include at least one tree having a clear trunk of at least five (5) feet, with the remaining area adequately landscaped with shrubs ground cover or other authorized landscaping material not to exceed three (3) feet in height.

The total number of trees shall not be less than one for each five hundred (500) square feet or fraction thereof required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving.

H.

Sight distance for landscaping adjacent to public rights-of-way and points of access. when an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (6) feet, provided, however, trees or palms having limbs and foliage trimmed, in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided they are located so as not to create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement. The triangular areas above referred to are:

1.

The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides.

2.

The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being thirty (30) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines.

I.

Existing plant material. In instances where healthy plant material exists on a site prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use areas, the department may adjust the application of the above-mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of this ordinance.

Except for single-family dwellings, prior to the issuance of any building permit, certificate of occupancy, or certificate of occupancy and use under the provisions of this ordinance and the South Bay Housing Code, a plot plan shall be submitted to and approved by the planning and zoning board. The landscape plan shall be drawn to scale, including dimensions and distances, and clearly delineate the existing and proposed parking spaces, or other vehicular use area, access aisles, driveways, sprinklers or water outlet locations, and the locations, size and description of all other landscape materials, the location and size of buildings if any to be served, and shall designate by name and location the plant material to be installed or, if existing, to be used in accordance with the requirements hereof. No building permit, certificate of occupancy, or certificate of occupancy and use shall be issued for such building or paving unless such landscape plot plan complies with the provisions herein.

In the event that the landscaping requirements of this ordinance have not been met at the time that a building permit, certificate of occupancy, or certificate of occupancy and use could be granted, and said permit or certificate is requested, the city may enter an agreement approved by the city attorney with the owner or his agent that the provisions and requirements of this ordinance will be complied with. The owner or his agent shall post a performance bond or other city approved surety in an amount equal to one hundred (100) percent of the costs of materials, labor and other attendant cost incidental to the installation of the required landscaping. The surety shall:

a.

Be payable to the city commission;

b.

Be in a form satisfactory and acceptable to the city commission; and

c.

Specify the time for the completion of the landscaping requirements of this ordinance.

The provisions of this Chapter shall apply only to new or redeveloped off-street parking uses and other vehicular uses.

A.

The interpretation and application of the regulations and provisions of this chapter [article] by the city shall be reasonable and uniformly applied to all property within the jurisdiction of the City of South Bay.

B.

The regulations and provisions of this chapter [article] shall be held to be in the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity, or general welfare.

C.

Whenever the regulations and requirements of this chapter [article] are at variance with the requirements of any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply.

This section shall be known as the "Fertilizer-Friendly Use Ordinance," which is required to be adopted by F.S. § 403.9337, for any municipality located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to F.S. § 403.067.

(Ord. No. 09-2013, § 1, 9-17-2013)

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

Applicator means any person who applies fertilizer on turf and/or landscape plants in the City of South Bay.

Approved test means a soil test from the University of Florida, government, or other commercial licensed laboratory that regularly performs soil testing and recommendations.

Best management practices (BMPs) means 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.

Code enforcement officer, official,or inspector means any designated employee or agent of the City of South Bay whose duty it is to enforce codes and ordinances enacted by the City of South Bay.

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 applicators.

Fertilizing,or 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.

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 non-native tree, shrub, or groundcover (excluding turf).

Pasture means land managed for livestock grazing.

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, a tropical storm watch or warning, or a hurricane watch or warning is in effect for any portion of the City of South Bay, issued by the National Weather Service, or if heavy rain (two (2) inches or more within a twenty-four-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 ordinance, 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 vegetative uptake and use after application, or which extends its availability to the vegetative longer than a reference rapid or quick release product.

Turf, sod, or lawn means an area 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 landscape plants. For the purposes of this section, agriculture has the same meaning as provided in F.S. § 570.02.

(Ord. No. 09-2013, § 1, 9-17-2013)

As a result of the Florida Department of Environmental Protection's determination that certain water bodies within Palm Beach County are impaired for excessive nutrient levels, the City of South Bay finds that the best management practices contained in the most recent edition of the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries," are required in this ordinance.

(Ord. No. 09-2013, § 1, 9-17-2013)

This ordinance 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, and exemptions. This ordinance requires the use of best management practices to minimize negative environmental effects associated with excessive nutrients in our water bodies. These environmental effects have been observed in and on Palm Beach County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset important to the environmental, recreational, cultural and economic well-being of Palm Beach County 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, is anticipated to help improve and maintain water and habitat quality.

(Ord. No. 09-2013, § 1, 9-17-2013)

This ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer to urban landscapes within the area of the City of South Bay unless such application is specifically exempted by section 19.16 of this ordinance. This ordinance shall be prospective only, and shall not impair any existing contracts.

(Ord. No. 09-2013, § 1, 9-17-2013)

(1)

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.

(2)

Fertilizer containing nitrogen and/or phosphorus 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 Prevent Plan for that site.

(Ord. No. 09-2013, § 1, 9-17-2013)

Fertilizer shall not be applied within ten (10) feet, or three (3) 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 sixty (60) day period beginning thirty (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.

(Ord. No. 09-2013, § 1, 9-17-2013)

(1)

Fertilizers applied to turf within the City of South Bay shall be applied in accordance with requirements and directions provided by Rule SE-1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers. Under Rule SE-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.

(2)

Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in section (1) above for turf, or in UF/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

(3)

Fertilizer used for sports turf at golf courses shall be applied in accordance with the recommendations in "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses," published by the Florida Department of Environmental Protection, dated January 2007, as may be amended. Fertilizer used at park or athletic fields shall be applied in accordance with Rule SE-1.003(2), Florida Administrative Code.

(Ord. No. 09-2013, § 1, 9-17-2013)

(1)

As required in section 19.12 of this ordinance, 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.

(2)

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.

(3)

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

(4)

Property owners and managers are encouraged to use an Integrated Pest Management (IPM) strategy as currently recommended by the University of Florida Cooperative Extension Service publications.

(Ord. No. 09-2013, § 1, 9-17-2013)

In no case shall grass clippings, vegetative material, and/or vegetative debris intentionally be washed, swept, or blown on to or into stormwater drains, ditches, conveyances, water bodies, wetlands, sidewalks or roadways. Vegetative material may be placed within the roadway right-of-way, but not over the storm drains, for pickup by the municipality's vegetative waste hauler.

(Ord. No. 09-2013, § 1, 9-17-2013)

The provisions set forth above in this ordinance shall not apply to:

(a)

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

(b)

Other properties not subject to or covered under the Florida Right-to-Farm Act that have pastures used for grazing livestock.

(c)

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.

(Ord. No. 09-2013, § 1, 9-17-2013)

(1)

All commercial and institutional applicators of fertilizer within Palm Beach County shall abide by and successfully complete the six-hour training program in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida/Palm Beach County Cooperative Extension Service "Florida-Friendly Landscape Program" or an approved equivalent program.

(2)

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 University of Florida/IFAS "Florida-Friendly Landscape Program" and label instructions when applying fertilizers.

(Ord. No. 09-2013, § 1, 9-17-2013)

(1)

All businesses applying fertilizer to turf or landscape plants (including, but not limited to, residential lawns, golf courses, commercial properties, and multi-family and condominium properties) must ensure that the business owner or his/her 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 South Bay Tax Collector's Office. It is the responsibility of the business owner 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.

(2)

After December 31, 2013, all commercial applicators of fertilizer within the City of South Bay 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 Rule 5E-14.117(18), Florida Administrative Code.

(3)

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 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 Local Business Tax Certificate. Standard Business Tax Receipt (BTR) and transaction fees shall apply.

(Ord. No. 09-2013, § 1, 9-17-2013)

(1)

Enforcement. The provisions of this ordinance shall be enforced by the City of South Bay Code Enforcement Board or Special Master pursuant to the authority granted by F.S. § 162.01 et. seq., as may be amended, and the City of South Bay through its authority to enjoin and restrain any person violating Appendix A, Article XIX, Landscaping Requirements, of the City of South Bay Code of Ordinance. The Code Enforcement Director may pursue these or any other enforcement remedies available to and applicable to the City of South Bay.

(2)

Penalties. Failure to comply with the requirements of this ordinance shall constitute a violation of this ordinance by either the applicable land owner or the applicator. Each application which violates this ordinance shall constitute a separate and distinct violation.

(3)

Disposition of penalty funds. Funds generated by penalties imposed under this ordinance shall be used by the City of South Bay for the administration and enforcement of F.S. § 403.9337, and the corresponding sections of the ordinance, and to further water conservation and nonpoint pollution prevention activities.

(4)

Appeals. Appeals of administration order of the special magistrate shall provide under state law, F.S. § 162.11.

(Ord. No. 09-2013, § 1, 9-17-2013)

If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by a Court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance.

(Ord. No. 09-2013, § 1, 9-17-2013)

The provisions of this ordinance shall become effective upon filing with the Department of State.

(Ord. No. 09-2013, § 1, 9-17-2013)