(a) Findings. As a result of impairment to Brevard County's surface waters, caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or groundwater within the aquifers or springs within the boundaries of the town, the Town Commission has determined that the use of fertilizers on lands within the town creates a risk to contributing to adverse effects on surface and/or groundwater. Accordingly, the Town Commission finds that management measures contained in the most recent edition of the “Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008,” are required by this article.
(b) Purpose. 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; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. The 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 Brevard County's natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries, and other water bodies in and adjacent to the town. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural, and economic well-being of the town 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.
(Ord. 2010-03, adopted 4-21-10)