florida-friendly landscape guidance models for ordinances ... · landscaping and fertilizers. this...

F L O R I D A D E PA R T M E N T O F E N V I R O N M E N TA L P R O T E C T I O N a n d U N I V E R S I T Y O F F L O R I D A

JANUARY 2009

A Florida–Friendly Landscape Publication

Florida-Friendly Landscape Guidance Models

for Ordinances, Covenants, and Restrictions

FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictionsii

Excessive nutrient loading to Florida’s surface and ground waters is one of the biggest water quality issuesfacing our state. It is far easier and much less expensive to minimize the amount of nutrients that get intoour waters than it is to treat stormwater and other nonpoint sources of pollution to remove nutrients. Amajor source of nutrient loading is from fertilizers applied to urban landscaping. To minimize the impactsof such fertilizers, the State of Florida has undertaken several initiatives to promote Florida-FriendlyLandscaping and fertilizers.

This book is a compilation of two guidelines for model ordinances to promote Florida-Friendly Landscapeprinciples in local government Land Development Regulations and model restrictive covenants for develop-ments that require Florida-Friendly Landscaping. The first model ordinance guideline is a revision of a2003 FDEP-led effort to create model ordinance language for use by communities in Florida. It representsFDEP’s preference for addressing nonpoint sources of pollution from lawns and landscapes in a comprehen-sive manner with a strong focus on source controls and education; that is, to prevent stormwater frombeing polluted in the first place, or to treat it on the site where it is first generated, using low-impact devel-opment principles and Best Management Practices.

The second model ordinance is a stand-alone subset of the fertilization sections of the first ordinance. It isa much more limited, addressing only the application of lawn and landscape fertilization, which onlyaddresses one component of the issues associated with fertilization of urban landscapes. This model hasbeen adapted from a draft model ordinance written by the legislatively appointed Consumer Fertilizer TaskForce in 2007. The main focus is on the training and professionalism of professional applicators.

Finally, the last section of the booklet addresses the private contract provisions typically found in deedrestrictions, subdivision covenants, and other restrictions used by developers and homeowners associa-tions. This document was produced by the University of Florida Levin College of Law.

Copyright January 2009, Florida Department of Environmental Protection

TABLE OF CONTENTS ..............................................iii

FLORIDA-FRIENDLY LANDSCAPEGUIDELINES FOR MODEL ORDINANCE LANGUAGE FOR PROTECTION OF WATER QUALITY AND QUANTITY ..............................1

MODEL ORDINANCE FORFLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES ................................21

FLORIDA-FRIENDLY LANDSCAPING COVENANTS,CONDITIONS AND RESTRICTIONS ..........................27

Table of Contents

Department of Environmental Protection and the University of Florida – JANUARY 2009iii

FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictionsiv

Florida Department of Environmental Protection

FLORIDA-FRIENDLY LANDSCAPEGUIDELINES FOR MODEL ORDINANCE LANGUAGE

FOR PROTECTION OF WATER QUALITY AND QUANTITYJanuary 2009

This document is educational in nature and not meant to be adopted without full and public discussion of its provisions. Itwas developed by a partnership of industries, agencies, local and regional representatives, and other organizations to providea sound model for the implementation of local control of water use and nonpoint source pollution issues associated withurban landscapes.

As of the date of publication, the implementation of this language is not mandated by any state or federal law. Communitieshave been encouraged, however, by Sections 125.568, 166.048, 373.185, 373.228, 373.4595, and 403.067 Florida Statutes,to consider adopting Florida-Friendly ordinances. In addition, the growing number of nutrient- impaired water bodies andthe costs of treating nonpoint sources of pollution provide another incentive to adopt these ordinances. This document isan educational tool for those communities seeking advice on preparing this type of ordinance. It also addresses issues ofnonpoint source pollution not addressed by many water conservation ordinances. Other model ordinances exist and shouldbe consulted, and a full evaluation of how various provisions might mesh with existing codes is necessary. Most communi-ties will find some features apply to land development codes, others under occupational licensing, nuisance ordinances, etc.It is not nor does it purport to be a comprehensive landscape ordinance.

The following organizations, and individuals too numerous to mention, were involved in the original creation of this prod-uct, first issued in September, 2003.

Florida Nursery, Growers and Landscapers Association

1000 Friends of Florida

Green Industry Alliance

Florida Turfgrass Association

Florida Irrigation Society

Landscape Maintenance Association

Florida Pest Management Association

Certified Pest Control Operators

Florida League of Cities

Florida Association of Counties

Florida Chapter, American Society of Landscape Architects

FDOT

FDCA

FDACS

FDEP

UF-IFAS

Northwest Florida WMD

Suwannee River WMD

St. Johns River WMD

Southwest Florida WMD

South Florida WMD

1. TITLE

AN ORDINANCE OF THE (CITY/COUNTY OF)AMENDING OR REPLACING ORDINANCE NO.(S)__ OF THE GENERAL LANDSCAPE REGULATIONSBY REQUIRING FLORIDA-FRIENDLY LANDSCAPEPRACTICES AND IRRIGATION SYSTEMS; BY PRO-VIDING FOR CONSISTENCY WITH STATE LAWAND THE (CITY/COUNTY OF) COMPREHENSIVEPLAN; PROVIDING FOR PURPOSE AND INTENT;PROVIDING FOR DEFINITIONS; PROVIDING FORAMENDMENT OF EXISTING REGULATIONS; PRO-VIDING FOR CONFLICTS; PROVIDING FOR SEV-ERABILITY; PROVIDING FOR CODIFICATION;PROVIDING FOR ENFORCEMENT AND PROVID-ING AN EFFECTIVE DATE.

2. FINDINGS OF FACT

WHEREAS, the Local Government ComprehensivePlanning and Land Development Regulation Act,Chapter 163, Florida Statutes, (F.S.), provides forcomprehensive plan implementation through theenactment of certain ordinances; and

WHEREAS, pursuant to Sections 125.568, 166.048,373.185, F.S. and 373.228, local governments shouldconsider the adoption of Florida-Friendly LandscapeStandards and further Section 376.62, F.S., regulatesthe installation of rain sensor devices on automaticlawn sprinkler systems; and

WHEREAS, Section 373.228 F.S. requires that ordi-nances or rules addressing landscaping or irrigationshall follow the standards in Landscape Irrigation andFlorida-Friendly Design Standards, December 2006; and

WHEREAS, the Florida Watershed Restoration Act(403.067 F.S.) and the NPDES municipal stormwaterpermitting program require local governments toreduce pollutant loads discharged from theirstormwater management systems to better protectand restore surface and ground waters; and

WHEREAS, the (City/County of ___) recognizes theneed for the protection of water as a natural resourcethrough the application of Florida-FriendlyLandscape practices; and

WHEREAS, a Florida-Friendly Landscape promotesthe conservation of water by the use of site adaptedplants and efficient watering methods which generally

results in a long-term reduction of irrigation, fertilizer,and pesticide requirements, costs, energy, and mainte-nance; and

WHEREAS, a Florida-Friendly Landscape encouragesa reduction of total energy expenditures such aswater pumping and treatment, manufacture and ship-ping of fertilizers, insecticide, and other gardeningchemicals, operation and maintenance of mowers,edgers, blowers and other combustion based yardequipment, as well as labor; and

WHEREAS, community-wide Florida-FriendlyLandscape efforts are designed to save significantamounts of water to preserve local water suppliessuch that cumulative benefits may reduce or post-pone the need for community potable water supplyexpansion; and

WHEREAS, The Florida Legislature enacted FloridaStatutes, Chapter 481, Part II and the Board ofLandscape Architecture adopted Rule 61-G-10Florida Administrative Code, which defines and regulates the practice of landscape architecture toprotect the public health, safety, and welfare.

NOW, THEREFORE, BE IT ORDAINED BY THEGOVERNING BODY OF THE (CITY/COUNTY OF__________ ), FLORIDA, as follows:

3. SHORT TITLE

This ordinance shall be known and may be referredto as the (City/County of ________) Ordinance forProtection of Water Quality and Quantity UsingFlorida-Friendly Landscapes.

4. AUTHORITY

This ordinance is adopted by the (City/County of __)under its home rule powers, its police powers to pro-tect the public health, safety, and welfare, and underpowers pursuant to the authority granted by Sections125.568 (Counties) and 166.048 (Cities), FloridaStatutes, in order to implement and enforce the stan-dards, rules and regulations as set forth herein.

5. ADMINISTRATIVE STANDARDS

Whenever, in the course of administration andenforcement of this ordinance, it is necessary anddesirable to make any administrative decision, then,

Florida-Friendly Landscape Guidelines for Model OrdinanceLanguage for Protection of Water Quality and Quantity

JANUARY 2009

Department of Environmental Protection and the University of Florida – JANUARY 20091

unless other standards are in this Ordinance, thedecision shall be made so that the result will not becontrary to the spirit and purpose of this ordinanceor injurious to the surrounding neighborhood orthe community at large.

6. PURPOSE AND INTENT

The purpose of these regulations is to establish min-imum standards for the development, installation,and maintenance of Florida-Friendly Landscapeareas without inhibiting creative landscape design,construction and management

Specific Best Management Practices (BMPs) havebeen developed that include water conservationmeasures, the preservation of natural vegetationwhere applicable, and appropriate plant selectionand location. Best Management Practices have alsobeen developed for the use of fertilizers, pesticidesand appropriate maintenance practices such asproper pruning techniques, mowing, mulching andcomposting. Implementation of BMPs will aid inimproving environmental quality and the aestheticappearance of public, commercial, industrial, andresidential areas.

These guidelines and landscape practices are estab-lished to help communities, developers, builders,contractors, businesses and homeowners be part-ners in improving and protecting Florida’s environ-ment.

These practices are also based on the premise thatthe quality of Florida’s surface and ground water isaffected by stormwater runoff and leachate.Improper landscape design, construction and man-agement may contribute to nonpoint source pollu-tion that affects ground and surface water quality.Use of BMPs in proper landscape design and main-tenance can reduce pollution and save water, as wellas save labor, resources, and money. Application ofBMPs will also help to enhance property values,improve Florida’s quality of life and protect naturalresources for Florida residents well into the future.

This ordinance is based on concepts of Florida-Friendly Landscaping and the use of BMPs. TheFlorida-Friendly Landscape concept is based on theprinciples of the Florida Yards and Neighborhoods(FYN) and Environmental Landscape Management(ELM) programs operated by the University ofFlorida Cooperative Extension Service, along withthe various water conservation programs of theState’s Water Management Districts, and BMPs iden-tified in the Florida-friendly Best ManagementPractices for Protection of Water Resources by theGreen Industries (2008).

The Florida Yards & Neighborhoods Handbook, theWater Management Districts’ Waterwise FloridaLandscape Guide, Xeric Landscaping with FloridaNative Plants by the Association of Florida NativeNurseries, FDEP’s Waterfront Property Owners Guide,the Florida-Friendly Best Management Practices forProtection of Water Resources by the Green Industries,and Water Right: Conserving our Water, Preserving ourEnvironment published by the International TurfProducers Foundation should be referred to beforemaking landscape and other site decisions. In gener-al, all landscapes shall be designed to minimizeadverse effects on Florida’s natural systems.

No part of these guidelines shall be interpreted torestrict creative designs or the inclusion of landscapeelements such as vegetable gardens, fruit trees,arbors, water gardens, or furnishings.

This ordinance incorporates several accepted princi-ples of a Florida-Friendly Landscape. These princi-ples, listed below, are included within the generalprovisions section for the purpose of giving guidanceand direction for the administration and enforce-ment of the regulations contained herein. Detailedexplanations of the following principles are includedin the previously cited documents.

• Site Planning and Design

• Soils

• Land Clearing Standards and Preservation of NativeVegetation

• Appropriate Plant Selection, Location, andArrangement

• Practical Use of Turf

• Efficient Irrigation

• Yard Waste Management, Composting and Use ofMulches

• Fertilizer Management

• Pesticide Management

• Landscape Maintenance

• Shoreline Considerations

This Ordinance regulates the proper use of fertilizersby any applicator and establishes training and licens-ing requirements for Commercial and InstitutionalFertilizer Applicators. It also establishes a prohibitedapplication period when fertilizer can not be applied

FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions2


and specifies allowable fertilizer application ratesand methods, fertilizer-free zones, low maintenancezones, and exemptions. The Ordinance requires theuse of Best Management Practices which providespecific management guidelines to minimize nega-tive secondary and cumulative environmental effectsassociated with the misuse of fertilizers. These sec-ondary and cumulative effects have been observed inand on (MUNICIPALITY / COUNTY)’s natural andconstructed stormwater and drainage conveyances,rivers, creeks, canals, springs, lakes, estuaries andother water bodies. [Guidance: as appropriate]Collectively, these water bodies are an asset criticalto the environmental, recreational, cultural and eco-nomic well-being of (MUNICIPALITY / COUNTY)residents and the health of the public. Overgrowthof algae and vegetation hinder the effectiveness offlood attenuation provided by natural and construct-ed stormwater and drainage conveyances.Regulation of nutrients, including both phosphorusand nitrogen contained in fertilizer, will helpimprove and maintain water and habitat quality.

[Guidance: Florida Statues 125.568(3), 166.048(3),and 373.185(3) provide that a deed restriction orcovenant entered after October 1, 2001, or local gov-ernment ordinance, may not prohibit any propertyowner from implementing Xeriscape or Florida-Friendly Landscape practices on his or her land. Anyrestrictions created after this date are void.]

7. APPLICABILITY

The provisions of this ordinance shall apply to thedevelopment, redevelopment, rehabilitation, andmaintenance of all property within present or futureincorporated areas of the (City/County of _______ )which are subject to the provisions of Chapter_______ _______, Site Plan Review; Chapter________, Planned Unit Developments; orChapter_______ _______, Subdivisions and Plats ofthe (City/County of _______ _______), LandDevelopment Code. [Guidance: If adopted by a coun-ty, unincorporated areas should also be included wherethey are subject to development.]

No permit shall be issued for building, paving, ortree removal unless the landscape construction doc-uments comply with the provisions hereof; and noCertificate of Occupancy shall be issued until therequirements herein are met. [Guidance: Providedthat such documents are required to be submitted.]

All City/County facilities will be managed in accor-dance with these practices within one year of theapproval of this Regulation. All City/County land-scape service contractors will adhere to these prac-tices. All new bid specifications and contracts will

reflect this requirement beginning one year after theapproval of this regulation. [Guidance: Existingfacilities/sites may not have been designed to maximizeFlorida-friendly practices, but should be managedinsofar as is practicable using these principles.]

All new and renovated City/County facility land-scapes will be designed in accordance with theseprinciples and be constructed and installed usingFlorida-Friendly Landscape materials.

This Ordinance shall be applicable to and shall reg-ulate any and all applicators of fertilizer and areasof application of fertilizer within the area of(MUNICIPALITY / COUNTY), unless such applica-tor is specifically exempted by the terms of thisOrdinance from the regulatory provisions of thisOrdinance. This Ordinance shall be prospectiveonly, and shall not impair any existing contracts.[Guidance: Local government may adopt additionalor more stringent provisions to the model ordinance,but to avoid allegations of restraint of trade or arbi-trary and capricious actions, should clearly documentthat the provisions are reasonable and necessary, asdetermined by scientific study, to comply with state orfederal environmental rules or to prevent future viola-tions, and to deviate as little as possible from standardprovisions promulgated by this Model Ordinance, so as to avoid a confused regulatory tangle of adjoiningjurisdictions which unduly favors local service onlybusinesses over those with a multijurisdictional service area.]

If the provisions of this ordinance conflict withother ordinances or regulations, the more stringentlimitation or requirement shall govern or prevail tothe extent of the conflict.

Specific application of the provisions shall include,but not be limited to:

• All new, redeveloped, or rehabilitated land-scapes for public agency projects and privatedevelopment projects including but not limitedto industrial, commercial, residential, and recre-ation projects, including new single-family andtwo-family homes; [Guidance: Florida Statues125.568(3), 166.048(3), and 373.185(3) providedthat a deed restriction or covenant entered afterOctober 1, 2001, or local government ordinance,may not prohibit any property owner from imple-menting Xeriscape or Florida-Friendly Landscapepractices on his or her land. Any restrictions cre-ated after this date are void.]

• Developer-installed landscapes at entrances intoand common areas of single-family and multi-family projects;


• Any development approved prior to the effectivedate of this ordinance if the governing sitedevelopment plan is amended;

Exempted from the provisions of this ordinance arethe following as applicable:

• Bona-fide agricultural activities as defined in theFlorida Right to Farm Act, Section 823.14,Florida Statutes, provided that fertilizers areapplied in accordance with the appropriate BestManagement Practices Manual adopted by theFlorida Department of Agriculture andConsumer Services, Office of Agricultural WaterPolicy for the crop in question.

• Other properties not subject to or covered underthe Florida Right to Farm Act that have Pasturesused for grazing livestock provided that fertiliz-ers are applied in accordance with the appropri-ate Best Management Practices Manual adoptedby the Florida Department of Agriculture andConsumer Services, Office of Agricultural WaterPolicy for the crop in question.

• Any development that is governed by anapproved, final site development plan or a validbuilding permit issued prior to the effective dateof this ordinance is exempted from retrofittingor meeting the specific provisions of Sections 9A-F. However, existing development is notexempted from those provisions affecting man-agement, maintenance, or the education ofmaintenance personnel.

• Rights-of-way for public utilities, including elec-trical transmission and distribution lines, andnatural gas pipelines.

• Conditional exemption may be granted by (to beinserted by local government) for individualprojects if the applicant can demonstrate accept-able reasons for the requested exemption.

8. DEFINITIONS

For the purpose of this ordinance, the followingwords and phrases shall have the meanings respec-tively ascribed to them by this section unless thecontext clearly indicates otherwise.

All words used in the present tense include thefuture; all words in the singular number include theplural and the plural the singular; the word “build-ing” includes the word “structure”; the word “shall”is mandatory and the word “person” includes a firm,corporation, county, municipal corporation, or natu-ral person. The term “council” or “commission” shall

mean Council or Commission of the (City/County of_______ _______ _______), and the word “city” or“county” shall mean the (City/County of ______________) of the State of Florida. The word “used”shall be deemed to include the words “arranged”,“designed”, or “intended to be used”, and the word“occupied” shall be deemed to include the words“arranged”, “designed”, or “intended to be occupied”.Any word or term not interpreted or defined by thissection shall be used with a common dictionarymeaning of common or standard utilization.

1. “Administrator” means the (MUNICIPALITY /COUNTY) Administrator, or an administrativeofficial of (MUNICIPALITY / COUNTY) govern-ment designated by the City/CountyAdministrator to administer and enforce theprovisions of this Article.

2. “Application” or “Apply” means the actualphysical deposit of Fertilizer to Turf orLandscape Plants.

3. “Applicator” means any Person who appliesFertilizer on Turf and/or Landscape Plants in(MUNICIPALITY / COUNTY).

4. Aquascape. The planting of aquatic and wetlandplants in the enhancement, restoration, or cre-ation of freshwater, estuarine, or marine systems.

5. Automatic Controller. A mechanical or elec-tronic device, capable of automated operation ofvalve stations to set the time, duration and fre-quency of a water application.

6. “Board or Governing Board” means the Boardof City/County Commissioners of (MUNICIPAL-ITY / COUNTY), Florida.

7. “Best Management Practices” means turf andlandscape practices or combination of practicesbased on research, field-testing, and expertreview, determined to be the most effective andpracticable on-location means, including eco-nomic and technological considerations, forimproving water quality, conserving water sup-plies and protecting natural resources.

8. “Code Enforcement Officer, Official, orInspector” means any designated employee oragent of (MUNICIPALITY / COUNTY) whoseduty it is to enforce codes and ordinances enact-ed by (MUNICIPALITY / COUNTY).

9. “Commercial Fertilizer Applicator” means anyPerson who applies Fertilizer on Turf and/orLandscape Plants in (MUNICIPALITY /COUNTY)

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in exchange for money, goods, services or othervaluable consideration.

10. Constant Pressure/Flow Control. A device thatmaintains a constant flow, or pressure, or both.

11. Developed landscape area. That portion of theproperty where pre-development vegetation is tobe removed.

12. Emitter. This term primarily refers to devicesused in microirrigation systems.

13. “Fertilize,” “Fertilizing,” or “Fertilization”means the act of applying Fertilizer to Turf, spe-cialized Turf, or Landscape Plant.

14. “Fertilizer” means any substance or mixture ofsubstances, except pesticide/fertilizer mixturessuch as “weed and feed” products, that containsone or more recognized plant nutrients and pro-motes plant growth, or controls soil acidity oralkalinity, or provides other soil enrichment, orprovides other corrective measures to the soil.[Guidance: Regulation of pest control businessesand applicators, and of pesticide use, is preemptedto the Florida Department of Agriculture andConsumer Services (FDACS) by Chapters 482.242,and 487.051 (2), F.S. and suspected pesticide mis-use should be reported to FDACS. Weed and feedproducts are registered pesticides. The LimitedCommercial Landscape Maintenance CertificationProgram does not allow landscape maintenanceworkers to make any kind of pesticide applications(including weed control and/or weed and feed prod-ucts) to any turf areas. Per 482.165(3) F.S., a civilpenalty for unlicensed application of pesticides,including weed and feed products, may not be lessthan $500 or more than $5,000 for each offense.]

15. Filter. A device in irrigation distribution systemsthat separates sediment or other foreign matter.

16. Florida-Friendly Landscape. The principles ofFlorida-Friendly Landscaping include plantingthe right plant in the right place, efficient water-ing, appropriate fertilization, mulching, attrac-tion of wildlife, responsible management of yardpests, recycling yard waste, reduction ofstormwater runoff, and waterfront protection.Additional components of Florida-FriendlyLandscape include planning and design, soilanalysis, the use of solid waste compost, practi-cal use of turf, and proper maintenance.

17. Ground Cover. Low growing plants, other thanturfgrass, used to cover the soil and form a con-tinuous, low mass of foliage.

18. “Guaranteed Analysis” means the percentage ofplant nutrients or measures of neutralizing capa-bility claimed to be present in a Fertilizer.

19. Hardscape. Areas such as patios, decks, drive-ways, paths and sidewalks that do not requireirrigation.

20. High Water Use Plants. Plants that require irri-gation to provide supplemental water on a regu-lar basis throughout the year, or are so identifiedby a regulatory agency having jurisdiction.When placed in a naturally high water table area appropriate to the plant such that irrigationis not required, such plants shall not be consid-ered high water use for the purposes of thisordinance.

21. Hydrozone. A distinct grouping of plants withsimilar water needs and climatic requirements.

22. Infiltration Rate. The rate of water entry intothe soil expressed as a depth of water per unit oftime (inches per hour)

23. “Institutional Applicator” means any Person,other than a non-commercial or commercialApplicator (unless such definitions also applyunder the circumstances), that applies Fertilizerfor the purpose of maintaining Turf and/orLandscape Plants. Institutional Applicators shallinclude, but shall not be limited to, owners andmanagers of public lands, schools, parks, reli-gious institutions, utilities, industrial or businesssites and any residential properties maintained incondominium and/or common ownership.

24. Irrigated landscape area. All outdoor areas thatrequire a permanent irrigation system.

25. Irrigation System. A constructed watering sys-tem designed to transport and distribute waterto plants.

26. Irrigation Zone. A grouping of sprinkler headsor microirrigation emitters operated simultane-ously by the control of one valve.

27. Landscape. Any combination of living plants(such as grass, ground cover, shrubs, vines,hedges, or trees) and non-living landscape mate-rial (such as rocks, pebbles, sand, mulch, walls,fences, or decorative paving materials).

28. Landscape Construction Documents. Landscapeconstruction documents may include a plantingplan, a landscape layout plan, an irrigation plan,a grading and drainage plan, detail sheets and


written specifications. Plans shall be numbered,dated, North arrow indicated, scaled, and sealedby an appropriately licensed professional whererequired by Florida Statutes Chapter 481, Part II.

29. Landscape Design. Means consultation for andpreparation of planting plans drawn for com-pensation, including specifications and installa-tion details for plant materials, soil amend-ments, mulches, edging, gravel, and other simi-lar materials. Such plans may include only rec-ommendations for the conceptual placement oftangible objects for landscape design projects.Construction documents, details, and specifica-tions for placement of tangible objects and irri-gation systems shall be designed or approved bylicensed professionals as required by law.

30. Landscape Layout Plan. Plans and drawingsshowing the location of buildings, structures,pedestrian, transportation, or environmental sys-tems, and the detail for placement of site ameni-ties, accessibility components, plantings andother tangible objects. Plans shall be numbered,dated, North arrow indicated, scaled, and sealedby an appropriately licensed professional whererequired by Florida Statutes Chapter 481, Part II.

31. “Landscape Plant” means any native or exotictree, shrub, or groundcover (excluding Turf).

32. Landscaped Area. The entire parcel; less thebuilding footprint, driveways, hardscapes suchas decks and patios, and non-porous areas.Water features are included in the calculation ofthe landscaped area. This landscaped areaincludes XeriscapeTM as defined in Chapter373.185(1)(b), F.S.

33. Low-flow Point Applicators. Irrigation applica-tors with output less than 60 gallons per hour(gph).

34. “Low Maintenance Zone” means an area a mini-mum of six (6) feet wide adjacent to watercourses which is planted and managed in orderto minimize the need for fertilization, watering,mowing, etc.

35. Low Water Use Plants. Plants that do not needsupplemental water beyond natural rainfall, orare so identified by a regulatory agency havingjurisdiction.

36. Microclimate. The climate of a specific area inthe landscape that has substantially differing sunexposure, temperature, or wind, than surround-ing areas or the area as a whole.

37. Microirrigation (low volume). The applicationof small quantities of water directly on or belowthe soil surface, usually as discrete drops, tinystreams, or miniature sprays through emittersplaced along the water delivery pipes (laterals).Microirrigation encompasses a number of meth-ods or concepts including drip, subsurface, bub-bler, and spray irrigation, previously referred toas trickle irrigation, low volume, or low flowirrigation.

38. Moderate Water Use Plants. Plants that needsupplemental water during seasonal dry periods.

39. Moisture Sensing Device or Soil MoistureSensor. A device to indicate soil moisture inthe root zone for the purpose of controlling anirrigation system based on the actual needs ofthe plant.

40. Mulch. Non-living, organic or synthetic materi-als customarily used in landscape design toretard erosion and retain moisture.

41. “(MUNICIPALITY / COUNTY) Approved BestManagement Practices Training Program”means a training program approved by the(MUNICIPALITY / COUNTY) Administrator thatincludes at a minimum, the most current versionof the Florida Department of EnvironmentalProtection’s “Florida-Friendly Best ManagementPractices for Protection of Water Resources by theFlorida Green Industries, December 2008” asrevised and any more stringent requirements setforth in this Article. [Guidance: Adopting entitymust define levels of training for this program. Somemay wish a certificate of completion, implying pass-ing a test, others only attendance at the training,such as for laborers that may be illiterate and do nothandle fertilizers or other agrichemicals.]

42. Native Vegetation. Any plant species with a geo-graphic distribution indigenous to all, or part, ofthe State of Florida as identified in: Wunderlin,R. P. 1998. Guide to the Vascular Plants ofFlorida. University Press of Florida, Gainesville.

43. “Pasture” means land used for livestock grazingthat is managed to provide feed value.

44. “Person” means any natural Person, business,corporation, limited liability company, partner-ship, limited partnership, association, club,organization, and/or any group of people actingas an organized entity.

45. Pervious Paving Materials. A porous asphaltic,concrete or other surface and a high-void aggre-


gate base which allows for rapid infiltration andtemporary storage of rain on, or runoff deliveredto, paved surfaces.

46. Plant Bed. A grouping of trees, shrubs, groundcovers, perennials or annuals growing togetherin a defined area devoid of turfgrass, normallyusing mulch around the plants.

47. Plant Communities. An association of nativeplants that are dominated by one or moreprominent species, or a characteristic physicalattribute.

48. Planting Plan. Specifications and installationdetails for plant materials, soil amendments,mulches, edging, gravel, and other similarmaterials.

49. Point of Connection (POC). The locationwhere an irrigation system is connected to awater supply.

50. Pop-up Sprays. Spray heads that pop up withwater pressure and provide a continuous spraypattern throughout a given arc of operation.

51. Pressure Tank. A pressurized holding tank forirrigation water coming from wells to minimizecycling of the water pump.

52. “Prohibited Application Period” means the timeperiod during which a Flood Watch or Warning,or a Tropical Storm Watch or Warning, or aHurricane Watch or Warning is in effect for anyportion of (CITY/COUNTY), issued by theNational Weather Service, or if heavy rain1 islikely.

53. Pump Cycling. Irrigation pump coming on andshutting off frequently during operation of irri-gation systems.

54. Rain Sensor Device. A low voltage electrical ormechanical component placed in the circuitry ofan automatic irrigation system that is designedto turn off a sprinkler controller when precipita-tion has reached a pre-set quantity. Required bylaw (373.62 F.S.) on all automatic irrigation sys-tems since 1991.

55. Runoff. The water that results from and occursfollowing a rain event, or following an irrigationevent, because the water is not absorbed by thesoil or landscape and flows from the area.

56. Site Appropriate Plant. A plant that after estab-lishment, will thrive within the environmentalconditions that are normal for a specific locationwithout artificial supplements such as irrigation.

57. “Slow Release,” “Controlled Release,” “TimedRelease,” “Slowly Available,” or “WaterInsoluble Nitrogen” means nitrogen in a formwhich delays its availability for plant uptake anduse after application, or which extends its avail-ability to the plant longer than a reference rapidor quick release product.

58. “Sod,” or “Lawn” means a piece of turf-coveredsoil held together by the roots of the turf.

59. Soil Moisture Sensor. See Moisture SensingDevice.

60. Soil Texture. The classification of soil based onthe percentage of sand, silt, and clay in the soil.

61. Turf and/or Turfgrass. A mat layer of mono-cotyledonous plants such as, but not limited to,Bahia, Bermuda, Centipede, Paspalum, St.Augustine, and Zoysia.

62. Valve. A device used to control the flow of waterin the irrigation system.

63. Water Use Zone. See “Hydrozone”.

9. GENERAL PROVISIONS AND DESIGN STANDARDS

In 2004, the Florida legislature created section373.228 Florida Statutes directing the Department ofEnvironmental Protection, the Water ManagementDistricts, and several stakeholder groups to devisestandards for Landscape Irrigation and Florida-Friendly Landscape design. The Landscape Irrigationand Florida-Friendly Design Standards, December2006, were published by the Department ofEnvironmental Protection. Local governments mustuse these standards when adopting local ordinancesafter that date.

Landscape and Xeriscape (Florida-Friendly) DesignStandards:

1. Low impact site design practices, such as pre-serving existing native trees and vegetation, shallbe used if feasible. Where established naturalvegetation is incorporated into the landscapedesign, irrigation of those areas shall not berequired.

1 World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm (2 inches) in a 24 hour period.http://severe.worldweather.org/rain/, http://www.wrh.noaa.gov/sew/MediaGuide/TermsOutlooks_Watches_Warnings.pdf.

http://severe.worldweather.org/rain/



2. The plant palette and irrigation system shall beappropriate for site conditions, taking intoaccount that, in some cases, soil improvementcan enhance water use efficiency.

3. Plants shall be grouped together by irrigationdemand.

4. The percentage of landscaped area in irrigatedhigh water use hydrozones should be mini-mized. Local government ordinances shalladdress the percentage of irrigated landscapedarea that may be included in high water usehydro¬zones. These high water use limitsshould not apply to land¬scaped areas requiringlarge amounts of turf for their primary func-tions, e.g., ballfields and playgrounds.

When the construction upon or the development ofa new site or the redevelopment, reconstruction,upgrading, expansion or change in use of a previous-ly developed site is such that site plan review by the(to be inserted by the Local Government) is requiredprior to the issuance of a building permit, the provi-sions of 9A-F of this ordinance shall be applied tonewly disturbed areas of such site. [Guidance: It isintended that for expansion or remodeling of existingsites, only new or modified areas would be subject tothese provisions.]

A. Site Planning and Design

1. Site designs and landscape construction docu-ments shall be prepared in accordance with therequirements of all applicable Florida Statutes.All landscape and irrigation system designs shallbe consistent with the standards required under373.228 Florida Statutes.

2. Site Plans for new development shall includeriparian buffers adjoining all waters of the state.Such buffers should be native, or if previouslydisturbed, constructed, to be at least 25 feet, andpreferably 50-150 feet wide, to protect waterbodies from nonpoint source pollution generat-ed by up gradient development. Riparian buffersshall be designed and managed in accordancewith USDA-NRCS conservation practices forriparian buffers and filter strips (codes 390, 391,and 393). Such riparian areas may be includedin the gross development area for purposes ofdetermining zoning density.

3. The site plan shall consider natural drainage features to minimize runoff. The use of pervioussurfaces and areas is preferred, therefore imper-vious surfaces and materials within the land-scaped area shall be limited to borders,

sidewalks, step stones, and other similar materi-als, and shall not exceed (To be inserted by thelocal government) % of the landscaped area. Useof pervious paving materials is strongly encour-aged, and relative imperviousness will be con-sidered.

[Guidance: Site planning and design can affect themanagement and maintenance of lawns and landscapes.Some communities may wish to have detailed landscapeconstruction documents submitted to and reviewed bythe local building department. Due to the variation inlocal government organization, staff, and existingcodes, it is not possible to develop specific language inthese guidelines. As guidance, the word “should” is usedin several areas below where “shall” may be moreappropriate in an actual ordinance; Specific choicesneed to be made by the local government involved. Ifsuch plan reviews are desired, the following topicsshould be considered.

• Site plans should identify all vegetated areas to bepreserved.

• All invasive exotic plant species should be removedfrom each site prior to the beginning of construc-tion. For purposes of determining plant species toremove, refer to Department of Agriculture andConsumer Services “Noxious Weeds” rule Chapter5B- 57, F.A.C.

• Gravel, river rock, shell and similar materialsshould not be used as a major landscape groundcover or mulch. In no case may these materialsoccupy over (To be inserted by the local govern-ment) % of the landscape surface area as theyincrease the need for herbicide use, have no habitatvalue, reflect rather than absorb heat, and do notproduce oxygen like plants.

• The solar orientation of the property and its rela-tionship to other properties should be considered asthis may produce different microclimate exposures(e.g., sun vs. shade, southern vs. northern expo-sure, surrounded by heat-reflective surfaces, etc).

If landscape construction documents are required, theyshould include, but not be limited to the following:

• Location of all underground and overhead utilities;

• Existing and proposed trees, shrubs, ground coversand turf areas within the developed landscape area;

• Plants by botanical and common name, and whereapplicable, cultivar name; spacing, and quantitiesof each type of plant by container size and bymature height and spread;


• Existing and proposed property lines, streets, streetnames and public utilities;

• Existing and proposed hardscape features such asdriveway(s) and sidewalk(s) as necessary;

• Existing and proposed structures such as pool(s),fountain(s), fence(s) and retaining wall(s);

• Existing and proposed buildings;

• Indicate in a table the total square footage(s) ofthe various landscape hydrozones on the plan. Ifmore than one water meter serves the site, thetotal hydrozone square footages of the varioushydrozones must be identified with each Point ofConnection (POC) and meter providing waterservice.

Irrigation plans must be designed to recognize differen-tial irrigation requirements of the landscape asdescribed in Section F. It is suggested that “Record” or“As-Built” construction documents be submitted priorto issuance of the Certificate of Occupancy, with a copydelivered to the homeowner. This will help to preventlater damage from digging by utility workers or thehomeowner and assist the owner with understandingthe system design. The irrigation plan should show thefollowing:

• Irrigation point(s) of connection and design capacity;

• Water service pressure at irrigation POCs;

• Water meter size;

• Reduced-pressure-principle backflow-preventiondevices for each irrigation POC on potable watersystems;

• Major components of the irrigation system, includ-ing all pumps, filters, valves, and pipe sizes andlengths.

• Precipitation rate expressed in inches per hour foreach valve circuit. The preparer must attach to theProject Data Sheet the calculations for derivingprecipitation rates for each irrigation valve circuit;

• Total flow rate (flow velocity not to exceed 5 feetper second) in gallons per minute (gpm) and oper-ating pressure (psi) for each individual overheadand bubbler circuit, and gallons per hour (gph)and operating pressure for low-flow point irriga-tion circuit;

• Irrigation legend will have the following elements:Separate symbols for all irrigation equipment with

different spray patterns and precipitation rates andpressure compensating devices; general descriptionof equipment; manufacturer’s name and modelnumber for all specified equipment; recommendedoperating pressure per nozzle and bubbler and low-flow emitter; manufacturer's recommended over-head and bubbler irrigation nozzle rating in gal-lons per minute (gpm), or gallons per hour (gph)for low flow point applicators; minimum (no lessthan 75% of maximum spray radius) and maxi-mum spray radius per nozzle; and manufacturer’srated precipitation rate per nozzle at specified psi;

• Recycled-water piping and guidelines as required;Reclaimed or non-potable water should be used forirrigation if an acceptable source is determined tobe available by the (City/County) Engineer.

• Identify location of rain shut-off devices or soilmoisture sensors.

• The irrigation system must take any existing slopesover 10% into account.

If a grading plan is desired, it shall indicate all finishgrades, spot elevations as necessary, drainage, andexisting and new contours within the developed land-scape area.]

B. Soils

1. Soils vary from site to site and even within agiven site. Soil analysis information is neededfor proper selection of plants and, if needed, soilamendments. A soil analysis based on randomsampling is required and shall be performed bya reputable soil testing lab or University ofFlorida/IFAS Cooperative Extension facility.

[Guidance: If a landscape design is required, a soilanalysis satisfying the following conditions shall besubmitted:

• Determination of soil texture, indicating the per-centage of organic matter.

• Measurement of pH, and total soluble salts.

• Estimated soil infiltration rate.]

2. Existing horticulturally suitable topsoil shall bestockpiled and re-spread during final site grading.

3. Any new soil required shall be similar to theexisting soil in pH, texture, permeability, andother characteristics, unless convincing evidenceis provided that a different type of soil amend-ment approach is justified.


4. The use of solid waste compost as a soil amend-ment is encouraged where it is appropriate.

C. Standards for land clearing and preservation ofnative vegetation

1. This section shall apply to all development per-mitted upon approval of this regulation. Parcelsor lots independent of larger developments thatare less than X acres (to be determined by localgovt.) in size shall not be subject to these set-aside requirements. Individual single-family lotsare exempt from this requirement; however, sin-gle family and planned unit developments arenot exempt. Tree preservation ordinances and allother landscape requirements shall remain appli-cable to all development as described in the treepreservation and landscape ordinances.

2. This ordinance mandates a total of X% percentof a site planned for development be set asidefor preservation. When clearing, X% (to bedetermined by local govt.) of the native vegeta-tion on the site shall be preserved. If vegetationis not present on site, established open spacezoning and landscape ordinance criteria shall befollowed.

3. Vegetation that is set aside for preservation shallbe protected from all on-site construction.Protective barriers shall be installed along theperimeter of all preserve areas. Protective barri-ers shall be constructed at such intervals to pre-vent machinery from passing between them. Noequipment or materials shall be permitted to bestored within the set-aside areas, and dumpingof excess soil, liquids, or any other constructiondebris within the preservation areas is prohibit-ed. Removal or re-grading of soils within preser-vation areas is prohibited. Any damaged vegeta-tion within the set-aside areas shall be replacedwith vegetation equivalent to the vegetationdestroyed before any certificates of occupancy orother approvals may be issued

4. Areas that are considered to be of high ecologicalimportance should be given highest priority forprotection. These areas include, but are not lim-ited to, areas that have occurrences of federaland state listed species of flora and fauna, areasof high biological diversity, and areas that are inaquifer recharge zones.

5. If more than one native terrestrial plant commu-nity is present on the site, areas representing allexisting plant communities shall be preservedonsite unless preserving more of one particularcommunity is more ecologically beneficial.

6. Utilities, stormwater easements and right-of-ways are exempt from provisions 1-5 above, butshould avoid preserved areas. Although notspecifically required, creative alternatives tocommon practice in these areas may be eligiblefor incentives.

7. High-quality areas placed in preservation shallbe retained in entirety, in their current orimproved natural state, and protected into per-petuity regardless of ownership. This require-ment may be negotiated to create contiguouspreservation among plant communities. Thedeveloper shall prove to the reviewer, throughexhibits provided during the site approvalprocess, that the highest ecologically valuedland is being retained first in order to satisfy theset-aside requirement. If the preservation of thehighest ecologically valued land produces undueburden on the development of the property, it isalso the developer’s responsibility to prove suchhardship and provide an acceptable alternativefor approval.

8. Areas set aside for preservation should be con-tiguous parcels of land that are inter-connectedand considered viable habitat for wildlife to theextent practical. Small fragmented areas ofpreservation should be avoided when possible.

9. Rights-of-way and areas determined to be futurerights-of-way in the comprehensive plan, andutility or drainage easements shall not beallowed as designated set-aside areas.

D. Appropriate Plant Selection, Location, andArrangement

1. Plant selection should be based on the plant'sadaptability to the existing conditions present atthe landscaped area and native plant communi-ties, particularly considering appropriate hardi-ness zone, soil type and moisture conditions,light, mature plant size, desired effect, color andtexture. Plant species that are drought andfreeze tolerant are preferred. For purposes ofdetermining prohibited and controlled plantspecies refer to the Department of Agricultureand Consumer Services rule, Chapter 5B-57Florida Administrative Code. Plants named inthis rule may not be used except as allowed inChapter 5B-57.

2. Plants shall be grouped in accordance with theirrespective water and maintenance needs. Plantswith similar water and cultural (soil, climate,sun, and light) requirements shall be groupedtogether. The water use zones (hydrozones)


shall be shown on the irrigation, layout, andplanting plans (where required). Where naturalconditions are such that irrigation is not required,the presence of site appropriate plants shall notbe considered a high water use hydrozone.

3. The combined size of all high water use hydro-zones shall be limited to X% (to be determinedby local govt.) of the total landscaped area. Inlandscapes irrigated with recycled water, theallowable size of all high water-use zones shallbe increased to not more than X% (To be deter-mined by local government.) of the total land-scaped area. These high water-use limits do notapply to landscaped areas requiring largeamounts of turf for their primary functions, e.g.,ballfields and playgrounds.

E. Turf Areas

1. The type and location of turf areas shall beselected in the same manner as with all the otherplantings. Irrigated turf areas, as opposed to non-irrigated turf areas, are considered to be a highwater use hydrozone. Irrigated turf shall not betreated as a fill-in material but rather as aplanned element of the landscape. Turf shall beplaced so that it can be irrigated using separatezones. While turf areas provide many practicalbenefits in a landscape, how and where it is usedcan result in a significant reduction in water use.

2. Irrigated turfgrass areas shall be consolidated andlimited to those areas on the site that receivepedestrian traffic, provide for recreation use, pro-vide cover for septic tank drainfields andrequired drainfield reserve areas, or provide soilerosion control such as on slopes or in swales;and where turfgrass is used as a design unifier, orother similar practical use. As a matter of publicsafety, no turfgrass that requires mowing shall beallowed on slopes greater than 4:1 or within 6feet of the waters edge, except where adjacent toseawalls and bulkheads or needed to control ero-sion. Turf areas shall be identified on the land-scape plan (where plan is required).

3. One of the most common reasons for turf fail-ure is over-irrigation. Irrigation systems shallbe designed and operated in accordance withsection F.

F. Efficient Irrigation

[Guidance: In 2004, the Florida legislature created sec-tion 373.228 Florida Statutes directing the Departmentof Environmental Protection, the Water ManagementDistricts, and several stakeholder groups to devise

standards for Landscape Irrigation and Florida-Friendly Landscape design. These standards wereadopted in December 2006. Local governments mustuse these standards when adopting local ordinancesafter that date. The irrigation standards are based onAppendix F of the Florida Building code.]

1. All irrigation installations after the effectivedate of this ordinance shall meet the irrigationstandards identified per 373.228 F.S. Theseinclude:

a. Irrigation systems shall be designed to meetthe needs of the plants in the landscape(not the other way around).

b. When feasible, irrigation systems shall bedesigned to separately serve turf and non-turf areas.

c. The irrigation system plans and specifica-tions shall identify the materials to be usedand the construction methods.

d. The design shall consider soil, slope, andother site characteristics in order to mini-mize water waste, including overspray, thewatering of impervious surfaces and othernon-vegetated areas, and off-site runoff.

e. The system shall be designed to minimizefree flow conditions in case of damage orother mechanical failure.

f. The system shall be designed to use thelowest quality water feasible.

g. Rain switches or other approved devices,such as soil moisture sensors, to preventunnecessary irrigation, shall be incorporated.(Section 373.62, F.S.)

h. A recommended seasonal operating sched-ule and average precipitation rates for eachirrigation zone for both establishment andmaintenance conditions shall be provided.

i. Control systems shall provide the followingminimum capabilities:

i. Ability to be programmed in minutes,by day of week, season and time of day,

ii. Ability to accommodate multiple starttimes and programs,

iii. Automatic shut off after adequate rain-fall,


iv. Ability to maintain time during poweroutages for a minimum of three days,and

v. Operational flexibility to meet applica-ble year-round water conservationrequirements and temporary watershortage restrictions.

j. Recommended maintenance activities andschedules shall be included.

k. Precipitation rates for sprinklers and allother emitters in the same zone shall bematched, except that microirrigation emitters may be specified to meet therequirements of individual plants.

l. Irrigation systems shall be designed to maxi-mize uniformity, considering factors such as:

i. Emitter types.

ii. Head spacing.

iii. Sprinkler pattern.

iv. Water pressure at the emitter.

m. Irrigation systems with main lines largerthan two inches or designed to supply morethan seventy gallons per minute shall incor-porate a means to measure irrigation wateruse, at a minimum of ninety-five percentaccuracy across the flow range.

n. Irrigation system plans and specificationsshall require the system installer to conductfinal testing and adjustments to achievedesign specifications prior to completion ofthe system and acceptance by the owner orowner’s representative.

o. Irrigation system plans and specificationsshall require that the installer provide prop-erty owners and users with the followingpost-construction documentation, includingas-constructed drawings, recommendedmaintenance activities and schedules, oper-ational schedule, design precipitation rates,instructions on adjusting the system toapply less water after the landscape is estab-lished, maintenance schedule, water source,water shut-off method, and the manufactur-er’s operational guide for their irrigationcontroller. To the extent feasible, similarinformation should be made available forsubsequent property transfers.

[Guidance: Other irrigation construction ordesign not addressed in the standards shouldbe per the BMPs].

2. To assist the end user to operate the system prop-erly, in addition to the minimum requirements of373.228 F.S., the following shall be provided tothe owner at the time of installation. The mapshall be attached inside each irrigation controlleror be kept in another readily available location ifit is not practical to insert it in a small controller.

a. Irrigation scheduling information, withinstructions for seasonal timer and sensorchanges,

b. An irrigation valve site map detailing

i. valve locations,

ii. gallons per minute demands,

iii. precipitation rates,

iv. plant types within valve circuits, and

v. operating pressure requirements foreach valve

3. The irrigation system shall be designed to corre-late to the organization of plants into zones asdescribed in (C) above. The water use zonesshall be shown on the Irrigation Plan (whereplan is required). All plants (including turf)require watering during establishment.Temporary facilities may be installed to facilitateestablishment. Irrigation must be conducted inaccordance with WMD restrictions.

4. Rain shut-off switch equipment shall be requiredon automatic irrigation systems to avoid irriga-tion during periods of sufficient soil moisture, inaccordance with Florida Law (373.62 F.S.). Saidequipment shall consist of an automatic mechani-cal or electronic sensing device or switch that willoverride the irrigation cycle of the sprinkler sys-tem when adequate rainfall has occurred.[Guidance: As of 2008, Water ManagementDistricts, or others, may require conventional rainsensor switches even on soil moisture sensing sys-tems, although this may change in the future as thelong-term reliability of such systems is better docu-mented.]

5. The installation of tracer wire along main linesand laterals is strongly encouraged to permiteasy location and prevent inadvertent cutting ofpipes.


6. If the water supply for the irrigation system isfrom a well, a constant pressure flow controldevice or pressure tank with adequate capacityshall be required to minimize pump “cycling”.

7. Check valves must be installed at irrigationheads as needed to prevent low head drainageand puddling.

8. Nozzle precipitation rates for all heads withineach valve circuit must be matched to within20% of one another.

9. No water spray from irrigation systems shall beapplied under roof overhangs.

10. Irrigated areas shall not be less than 4 feet wide,except when next to contiguous property orusing micro or drip irrigation.

11. A pressure-regulating valve shall be installed andmaintained if static service pressure exceeds 80pounds per square inch. The pressure-regulatingvalve shall be located between the meter and thefirst point of water use, or first point of divisionin the pipe, and set at not more than 50 poundsper square inch when measured at the most ele-vated fixture in the structure served. Thisrequirement may be waived if satisfactory evi-dence is provided that high pressure is necessaryin the design and that no water will be wasted asa result of high-pressure operation. [Guidance:The purpose of this requirement is twofold, to protectagainst system failure during pressure surges, and toavoid wasted water due to operation of the systemsignificantly above commonly used design values.]

G. Yard Waste Management, Composting and Useof Mulches

1. Yard wastes shall not be disposed of or stored byshorelines, in ditches or swales, or near stormdrains. [Guidance: Yard wastes release nutrientsas they decompose which may pollute the receivingwater. Improper disposal of yard wastes can alsocontribute to flooding by causing stormwater runoffto backup in drainage systems. In addition, improp-er disposal may lead to spreading of invasive plantsto new areas.]

2. Shredded yard clippings and leaves should beused for mulch or be composted for use as fertil-izer. However, diseased material should not bemulched and should be properly disposed of toavoid spreading disease.

3. Composting of yard wastes provides many bene-fits and is strongly encouraged. The resulting

materials are excellent soil amendments andconditioners. Other recycled solid waste prod-ucts are also available and should be used whenappropriate. [Guidance: Most Florida communi-ties have these programs at their landfill.Incentives may be created to encourage their use,such as a tonnage credit for dumping based on useof composted material.]

4. Grass clippings are a benefit to lawns, replacingnutrients drawn from the soil and as mulch thathelps retain moisture, lessening the need to irri-gate. Grass clippings should be left on your lawn.Mulching mowers are recommended, because thegrass clippings are chopped very finely by specialblade and shroud configurations. If a convention-al mower equipped with a side discharge chute is used, the following practices should beemployed. When mowing near the shoreline,direct the chute away from the water body. Whenmowing upland areas, direct the chute back ontothe yard, not onto the road or driveway.

5. Mulches applied and maintained at appropriatedepths in planting beds assist soils in retainingmoisture, reducing weed growth, and preventingerosion. Mulch can also be used in places whereconditions aren't adequate for or conducive togrowing quality turf or ground covers. Mulchesare typically wood bark chips, wood grindings,pine straws, nut shells, small gravel, and shred-ded landscape clippings.

6. A layer of organic mulch 3" deep shall be speci-fied on the landscape plans in plant beds andaround individual trees in turfgrass areas. Use ofbyproduct or recycled mulch is recommended.Mulch is not required in annual beds. Mulchrings should extend to at least 3 feet aroundfreestanding trees and shrubs. All mulch shouldbe renewed periodically. Mulches should be keptat least 6 inches away from any portion of abuilding or structure, or the trunks of trees.Plastic sheeting and other impervious materialsshall not be used under mulched areas.

H. Fertilizer Management

[Guidance: RULE 5E-1.003(2)(d), F.A.C. containsthe following provisions for golf courses, parks andathletic fields. As such, no additional specificrequirements are included for these types of urbanturf. The appropriate Best Management Practiceslisted below must be followed on such sites fornutrient management activities:

(d) Fertilizers labeled for sports turf at golf courses, parks and athletic fields shall:


1. Have directions for use not to exceed rates rec-ommended in the document titled SL191“Recommendations for N, P, K and Mg for GolfCourse and Athletic Field Fertilization Based onMehlich I Extractant”, dated March 2007,which is hereby adopted and incorporated byreference into this rule. Copies may be obtainedfrom the Soil and Water Science Department,Florida Cooperative Extension Service, Instituteof Food and Agricultural Sciences, Universityof Florida, Gainesville, FL 32611 or the follow-ing website: http://edis.ifas.ufl.edu/SS404.

2. Have directions for use in accordance with therecommendations in “BMP’s for the Enhance-ment of Environmental Quality on Florida GolfCourses”, published by the Florida Departmentof Environmental Protection, dated January2007. Copies may be downloaded fromhttp://www.dep.state.fl.us/water/nonpoint/pubs.htm.

Note that this does not exempt applicators atthese sites from the required basic GreenIndustry BMP training. If other provisions ofthe ordinance are not appropriate for thesesites, such exceptions should be noted.]

1. Fertilizer content and application rates

a. Fertilizers Applied to Turf and/or LandscapePlants within (MUNICIPALITY / COUNTY)shall be formulated and applied in accor-dance with requirements and directions pro-vided by Rule 5E-1.003(2), FloridaAdministrative Code, Labeling RequirementsFor Urban Turf Fertilizers.

b. Nitrogen or phosphorus Fertilizer shall notbe applied to turf or landscape plants exceptas provided in (a) above unless a soil or tis-sue deficiency has been verified by anapproved test. [Guidance: Soil and tissuetests for phosphorus are normally done byUF/IFAS or another accredited laboratory.FDEP has sponsored research (ca. 2007-2008)to compare several retail home test kits toIFAS extension lab results for a wide variety ofFlorida soils. This may allow more convenienttesting by homeowners, although enforcementmay be more difficult without written testresults.]

2. Timing of fertilizer application

No Applicator shall apply Fertilizers containingnitrogen and/or phosphorus to Turf and/orLandscape Plants during the Prohibited

Application Period. [Guidance: One of the mostcontroversial issues associated with recent fertilizerordinances enacted by local governments is theProhibited Application Period. Some ordinanceshave prohibited the application of fertilizer, evenslow release formulations, during the summer rainyseason, typically June 1 to September 30. The rea-soning is that rain occurs frequently, saturating thesoil, leading to more runoff. Fertilizer managementis largely about keeping the nitrogen and/or phos-phorus in the root zone where it can be used by theturf. While periods of heavy rainfall contribute towashing fertilizer out of the root zone, the health ofthe turf grass is an equally important factor. Healthyturf grass with healthy roots and leaves is importantto minimizing fertilizer movement. Because turfgrass requires nitrogen throughout its growing peri-od, its health can be negatively affected if nitrogen isdeficient. Care should be taken with regards to theProhibited Application Period until the science isbetter defined. Accordingly, sound science, commonsense, and carefully reasoned judgment are recom-mended in determining how to define the ProhibitedApplication Period.]

3. Application practices

a. Spreader deflector shields are required whenFertilizing via rotary spreaders. Deflectorsmust be positioned such that Fertilizer gran-ules are deflected away from all impervioussurfaces, fertilizer-free zones and water bod-ies, including wetlands.

b. Fertilizer shall not be applied, spilled, or oth-erwise deposited on any impervious surfaces.

c. Any Fertilizer applied, spilled, or deposited,either intentionally or accidentally, on anyimpervious surface shall be immediately andcompletely removed to the greatest extentpracticable.

d. Fertilizer released on an impervious surfacemust be immediately contained and eitherlegally applied to Turf or any other legal site,or returned to the original or other appropri-ate container.

e. In no case shall Fertilizer be washed, swept,or blown off impervious surfaces intostormwater drains, ditches, conveyances, orwater bodies.

4. Fertilizer free zones

a. Fertilizer shall not be applied within ten(10) feet, or three (3) feet if a deflector

http://www.dep.state.fl.us/water/nonpoint/

http://www.dep.state.fl.us/water/nonpoint/

http://edis.ifas.ufl.edu/SS404


shield or drop spreader is used, of anypond, stream, water course, lake, canal, orwetland as defined by the FloridaDepartment of Environmental Protection(Chapter 62-340, Florida AdministrativeCode) or from the top of a seawall.

b. If more stringent (MUNICIPALITY / COUN-TY) Code regulations apply, this provisiondoes not relieve the requirement to adhereto the more stringent regulations.

c. Newly planted Turf and/or Landscape Plantsmay be fertilized in this Zone only for thefirst sixty (60) day establishment period,but caution shall be used to prevent directdeposition of nutrients into the water.

I. Pesticide Management

1. All landscape applications of pesticides,including Weed and Feed products, for hireshould be made in accordance with Stateand Federal Law and with the most currentversion of the Florida-friendly BestManagement Practices for Protection ofWater Resources by the Green Industries.[Guidance: The use of “should” in the preced-ing sentence is required, because “shall”would create a violation of 487.051(2), FloridaStatutes. Regulation of Pesticides is Pre-emptedto the Florida Dept. of Agriculture andConsumer Services (FDACS) by state law.]

2. Property owners and managers are encour-aged to use an Integrated Pest ManagementStrategy as currently recommended by theUniversity of Florida Cooperative ExtensionService publications.

3. When using pesticides, all label instructionsare state and federal law and must be adheredto. The Florida Department of Agricultureand Consumer Services is responsible forenforcement of pesticide laws.

J. Landscape and Irrigation Maintenance

[Guidance: Proper landscape and irrigation main-tenance will preserve and enhance a quality land-scape and help to ensure water-efficiency.]

1. In no case shall grass clippings, vegetativematerial, and/or vegetative debris eitherintentionally or accidentally, be washed,swept, or blown off into stormwater drains,ditches, conveyances, water bodies, wet-lands, or sidewalks or roadways.

2. Landscape maintenance for hire shall beperformed in accordance with recommen-dations in the Florida-Friendly BestManagement Practices for Protection of Water Resources by the Green Industries.

3. Landscape maintenance by homeownersshould be performed in accordance with rec-ommendations of the University of FloridaCooperative Extension Service and FloridaYards & Neighborhoods publications.

4. A regular irrigation maintenance scheduleshall include but not be limited to check-ing, adjusting, and repairing irrigationequipment; and resetting the automaticcontroller according to the season.

5. To maintain the original performance anddesign integrity of the irrigation system,repair of the equipment shall be done withthe originally specified materials or theirequivalents.

K. Shoreline Considerations

[Guidance: Ideally, shorelines should remain com-pletely natural to most effectively use or absorbnutrients. Unfortunately, many waterfront propertyowners have removed beneficial vegetation andformed sandy beaches along their shorelines. Thisloss of a natural buffer may contribute to shockloads of nutrients and other pollutants affecting thewaterbody and may lead to erosion. Florida Fishand Wildlife Conservation Commission Rule 68F-20.002 (1) states “No person shall attempt tocontrol, eradicate, remove, or otherwise alter anyaquatic plants in waters of the state, includingthose listed in s. 369.251, F.S., except as providedin a permit issued by the department unless thewaters in which aquatic plant management activi-ties are to take place are expressly exempted inRule 68F-20.0035, F.A.C.”

Shoreline vegetation can often be restored throughaquascaping. Advice regarding appropriate plants foraquascaping and locating sources for these plants inyour area may be obtained by contacting theDepartment of Environmental Protection’s Bureau ofInvasive Plant Management, the UF CooperativeExtension Service in each county and/or the UFCenter for Aquatics and Invasive Plants. A simple,free of charge permit may be required from DEP’sBureau of Invasive Plant Management for activitiesinvolving aquatic plants along freshwater shorelines.

Florida Fish and Wildlife Conservation CommissionRule 68F-52.003 (4) states “Only native aquatic


plants cultured in a nursery regulated by theDepartment of Agriculture and Consumer Servicesor collected from an approved wild collection siteshall be used for the re-vegetation, restoration, ormitigation of wetlands in sovereignty lands. No pro-hibited or non-native aquatic plant shall be placedin, or knowingly be distributed for use in naturalwaters, or waters connected to natural waters.Non-native plants not on the prohibited plant listmay be used in artificially created ponds and watergardens that are not connected to natural waters.”

Vegetation height should extend well above thewater level. There is a direct correlation betweenheight and a plant’s ability to absorb nutrients.Shoreline plants should not be fertilized or treatedwith herbicides, except in special cases.

Some developers, water management districts andlocal governments are designing and buildingstormwater wet detention systems that closelyresemble natural waterbodies. In some cases,developers are offering adjacent property as premi-um waterfront real estate. While this is generally avery good practice that promotes sophisticateddesigns, it may cause some problems if people arenot aware that the stormwater pond’s purpose is tocapture and accumulate pollutants. Consequently,it may appear contaminated if it is simply doing itsjob. This may prompt misdirected requests foraction to clean it up or even protect it. It shouldalso be noted that stormwater ponds that connect towaters of the state may be regulated as waters ofthe state.

Education is important so people understand thatthe rules and expectations for natural and man-made waterbodies are different.]

1. Grading and design of property adjacent tobodies of water shall conform to Federal,State and Local regulations which mayinclude but is not limited to the use ofberms and/or swales to intercept surfacerunoff of water and debris that may containfertilizers or pesticides.

2. A voluntary six (6) foot low maintenancezone is recommended, but not mandated,from any pond, stream, water course, lake,wetland or from the top of a seawall. Aswale/berm system is recommended forinstallation at the landward edge of thislow maintenance zone to capture and filterrunoff. If more stringent (MUNICIPALITY/COUNTY) Code regulations apply,[Guidance: Such as 9A.2, above, for newdevelopments.] this provision does not

relieve the requirement to adhere to themore stringent regulations. No mowed orcut vegetative material should be depositedor left remaining in this zone or depositedin the water. Care should be taken to pre-vent the over-spray of aquatic weed prod-ucts in this zone. [Guidance: Care must betaken to ensure erosion of the surface soil doesnot occur. Excessive erosion may be a greaterpollution hazard than occasional proper appli-cations of fertilizer.]

3. When mowing near the shoreline, direct thechute away from the water body. Riparianor littoral zone plants that do not requiremowing or fertilization should be plantedin these areas. See the Florida WaterfrontProperty Owners Guide or the Florida Fishand Wildlife Conservation Commission’sInvasive Plant Management Section formore information. Where water levels varyconsiderably, care must be taken in theselection of these plants.

4. Decks along the waters edge and into thewater shall meet all local and state govern-ment regulations and any other lawfulrequirements. The maximum distance anystructure may protrude into the water is Xfeet (To be inserted by local government)from the normal high water mark on thebank. The maximum total width of a deckstructure along the shoreline of any lot is20% of the waterfront footage of that lot.The remainder of the shoreline shouldremain as natural as possible. Lot ownerslocated on ditches may add 20' to theirfront footage for calculation purposes.Special permits may be required. No struc-tures are permitted that obstruct the flow ofwater.

5. Mangrove trimming shall be performed inaccordance with Sections 403.9321 -403.9334, Florida Statutes. The FloridaWaterfront Property Owners Guide publishedby the Florida Department of EnvironmentalProtection should be referred to for addition-al information about Florida-friendly shore-line practices.

10. EDUCATION

[Guidance: To assist in public information, the educa-tion of its citizens, and the effective implementation ofthis ordinance, the (City/County) should coordinate itsefforts with those of the Water Management District andthe (______ County) Agricultural Extension Service and


other agencies. These entities should jointly sponsorworkshops on the design principles and standards ofFlorida-Friendly Landscapes. Informational signs shouldbe displayed and brochures made available for publicuse. Government facilities should serve as educationalexamples and demonstration sites of building, landscape,and/or design principles related to natural resource con-servation including water, energy, and landscapes.]

A. All persons providing landscape maintenanceservices for hire (including appropriate City/County Maintenance Operations staff, and insti-tutional landscape workers) shall be trained inthe Florida-Friendly Best Management Practicesfor Protection of Water Resources by the GreenIndustries

a. within one year of the effective date of thisordinance if fertilizer is applied, or

b. within 2 years if the business is not involvedin the application of fertilizer.

c. Any person that applies fertilizer for hire orin the course of their employment shall holda current Certificate of Completion in theFlorida-friendly Best Management Practices forProtection of Water Resources by the GreenIndustries.

d. At least one person holding a currentCertificate of Completion in the Florida-friendly Best Management Practices forProtection of Water Resources by the GreenIndustries shall be present at all times on anyjob site while work is in progress.

[Guidance: Due to literacy and language difficulties,some employees may not be able to pass the test toobtain the certificate of completion. However, this doesnot relieve the business owner from the obligation totrain these employees in the BMPs, at least in all mod-ules that apply to their duties.]

B. New employees shall be trained within 180 daysof starting a new position.

11. INCENTIVES

[Guidance: Local governments have a full range ofoptions to offer incentives for development/landscapedesigns to exceed the design principles and standards setforth and established by this ordinance. Local govern-ments may wish to consider any or all of the followingexamples, and are free to consider other alternatives.]

A. Any development that exceeds the water-effi-cient design principles and standards established

by this ordinance shall receive a reduction in the(City/County) permit application fee. [orstormwater utility rate, etc.]

B. Individual home owners or residents who arenot required to but voluntarily submit a devel-opment/landscape design which meets orexceeds the Florida-friendly design principlesand standards established by this ordinanceshall receive [Guidance: Expedited permitting, areduction of their stormwater utility water charges;a x% reduction in their building permit fee, proper-ty tax reduction, or other incentive within thepurview of local government]. This reduction willremain in effect provided that the landscapedareas are consistently maintained in accordancewith Florida-Friendly Landscape principles andthe total monthly water consumption does notexceed X gallons (To be inserted by local gov-ernment).

C. Businesses that use the recommended practices may be recognized as a Green Business through the FDEP Green BusinessProgram and may use this in their advertisingand promotion.. (Comment: FDEP, in cooperation with the University of CentralFlorida Stomwater Management Academy, has established “Green Business” pilot programs in Cocoa Beach and Orlando.Additionally, Sarasota County, Lakeland, and Jacksonville have established GreenBusiness Programs. For more information,please visit: http://www.cityofcocoabeach.com/greenbusiness.htm)

[Guidance: These incentives are meant only to beexamples. Local governments should consider whatincentives are appropriate and meaningful to their con-stituents.]

12. ENFORCEMENT AND MONITORING

Implementation and enforcement of these regula-tions shall consist of:

A. Licensing[Guidance: Some care may need to be taken tomodify occupational license ordinances to makethis section work, depending on grouping of licenseclasses. Known statewide providers of such train-ing are: the University of Florida CooperativeExtension Service, The Florida Department ofEnvironmental Protection, and the Florida Nursery,Growers and Landscape Association (FNGLA).Some companies may provide such training in-house and some industry suppliers or associationsmay offer training to their customers.]

http://www.cityofcocoabeach.com/greenbusiness.htm

http://www.cityofcocoabeach.com/greenbusiness.htm


1. All Commercial Applicators of Fertilizerwithin the unincorporated area of(MUNICIPALITY/COUNTY), shall abide byand successfully complete training andcontinuing education requirements in min-imizing nitrogen leaching and phosphorusrunoff from fertilizer applications prior toobtaining a (MUNICIPALITY/COUNTY)Local Business Tax Certificate for any cate-gory of occupation which may apply anyFertilizer to Turf and/or Landscape Plants.Commercial Fertilizer Applicators shallprovide proof of completion of an approvedtraining program to the (MUNICIPALITY/COUNTY) Tax Collector’s office within oneyear of the effective date of this ordinance.

2. All businesses applying fertilizer to Turfand/or Landscape Plants (including but notlimited to residential lawns, golf courses,commercial properties, and multi-familyand condominium properties) must ensurethat at least one employee has an appropri-ate certification (i.e., the FloridaDepartment of Environmental Protection’sGreen Industries Best ManagementPractices certification), prior to the busi-ness owner obtaining a Local Business TaxCertificate. Owners for any category ofoccupation which may apply any fertilizerto Turf and/or Landscape Plants shall pro-vide proof of certification to the(Municipality/County) Tax Collector’sOffice.

3. Non-commercial applicators not otherwiserequired to be certified, such as private citi-zens on their own residential property, areencouraged to follow the recommendationsof the University of Florida IFAS FloridaYards and Neighborhoods program whenapplying fertilizers.

4. Within 2 years of the effective date of thisordinance, all businesses performingdesign, installation, or maintenance servic-es involving Turf and/or Landscape Plants(including but not limited to residentiallawns, golf courses, commercial properties,and multi-family and condominium prop-erties) must ensure that all supervisoryemployees have an appropriate certification(i.e., the Florida Department ofEnvironmental Protection’s GreenIndustries Best Management Practices certi-fication), prior to the business ownerobtaining a Local Business Tax Certificate.Non-supervisory employees that do not

apply fertilizer must be trained but do notrequire certification. Owners for any cate-gory of occupation which may performdesign, installation, or maintenance servic-es involving Turf and/or Landscape Plantsshall provide proof of certification andtraining to the (Municipality/ County) TaxCollector’s Office. This provision does notapply to the licensed professional practiceof Landscape Architecture, Architecture, orEngineering.

[Guidance: Some landscape workers may be illiterateor otherwise unable to achieve certification. Evidenceof attending the training, coupled with certified supervision, is considered adequate for nonsupervisorypersonnel that do not handle fertilizers.]

B. Inspections

1. The (City/County) Code EnforcementOfficer or designated inspectors shall beauthorized and empowered to make inspec-tions at reasonable hours of all land uses oractivities regulated by this ordinance, inorder to determine if applicable provisionsof the Code of Ordinances and regulationsrelating to Florida-friendly landscaping arebeing followed.

2. Inspections may be made without notice,and refusal to allow such an inspectionshall be deemed a violation of this ordi-nance. Such failure to permit an inspectionshall be sufficient grounds and probablecause for a court of competent jurisdictionto issue an administrative warrant for thepurpose of inspecting, surveying or exam-ining said premises.

3. In the event a building, structure, or landappears to be vacant or abandoned, and theproperty owner cannot be readily contactedin order to obtain consent for an inspec-tion, the Code Enforcement Officer orinspector may enter into or upon any openor unsecured portion of the premises inorder to conduct an inspection thereof.

4. The Code Enforcement Officer or inspectorshall be provided with official identificationand exhibit such identification when mak-ing any inspection.

5. It shall be the duty of all law enforcementofficers to assist in making inspectionswhen such assistance is requested by theCode Enforcement Officer or inspector.


C. Notice of Violation, Notice of Hearing and Hearing Procedure

1. Whenever the Code Enforcement Officer oran inspector determines that there is a violation of this ordinance, the officer orinspector shall follow the procedures estab-lished for bringing a case before the CodeEnforcement Board or any alternative codeenforcement body or shall seek injunctiverelief as provided below.

2. A notice to cease a land use activity or per-mit issued under this ordinance shall notrelieve the owner or operator of the obliga-tion to comply with any other applicablestate, regional or local code, regulation,rule ordinance, or requirement. Nor shallsaid notice or permit relieve any owner oroperator of any liability of violation of suchcodes, regulations, rules, ordinances, orrequirements.

D. Injunctive Relief

If any person engages in activities regulated bythis ordinance without having obtained anapproved permit as provided within this ordi-nance or continues in violation of the provi-sions of this ordinance or the regulations prom-ulgated pursuant thereto, then the(City/County) may file an action for injunctiverelief in a court of competent jurisdiction.

13. FEES

Permit Fees

Prior to the issuance of a permit, the applicant shallpay a fee as set forth by the Resolution No. ______,20__. Such fee shall be used to defray the cost ofmonitoring the compliance of this ordinance.[Guidance: or may be included in building permit fee]

14. VARIANCES

As provided in Chapter ___ of these LandDevelopment Regulations, the Board of Adjustmentis hereby authorized to grant variances in accor-dance with stated provisions and can attach condi-tions to variances granted.

15. VIOLATIONS AND PENALTIES

A. For any violation which does not constitute athreat to life or property, the (City/County)shall have the authority to issue a citationand/or to withhold a certificate of occupancy.

The citation shall be in the form of a writtenofficial notice issued in person or by certifiedmail to the owner of the property, or to hisagent, or to the person doing the work. Thereceipt of a citation shall require that correctiveaction be taken within thirty (30) calendardays, unless otherwise extended at the discretion of the (City/County). If the requiredcorrective action is not taken within the timeallowed, the (City/County) may use any available civil or criminal remedies to securecompliance, including revoking a permit.

B. The (City/County) shall have resource to suchcivil and criminal remedies in law and equity as may be necessary to ensure compliance withthe provisions of this section of this ordinance,including injunctive relief to rejoin and restrainany person from violating the provisions of thissection of this ordinance and to recover suchdamages as may be incurred by the implementa-tion of specific corrective actions.

C. A conviction for violation of the provisions ofthis section shall be punishable by a fine orimprisonment, or both such fine and imprison-ment as provided in Section 125.69, FloridaStatues.

16. CONFLICTS AND RELATIONSHIP TO OTHER LAWS

Whenever regulations or restrictions imposed bythis ordinance conflict with other ordinances or reg-ulations, or are either more or less restrictive thanregulations or restrictions imposed by any govern-mental authority through legislation, rule or regula-tion, the regulations, rules or restrictions which aremore restrictive or which impose the highest stan-dards or requirements shall govern. Regardless ofany other provision of this ordinance, no land shallbe used and no structure erected or maintained inviolation of any state or federal pollution control orenvironmental protection law or regulation.

17. SEVERABILITY

This ordinance and the various parts, sections, subsections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid, it is herebyprovided that the remainder of the ordinance shallnot be affected thereby. If any part, sentence, paragraph, subsection, section or clause beadjudged unconstitutional or invalid as applied to a particular property, building, or other structure, it is hereby provided that the application of such


portion of the ordinance to other property, build-ings, or structures shall not be affected thereby.

18. INCLUSION IN CODE, CODIFICATION,SCRIVENERS ERRORS

The provisions of this ordinance shall become andbe made a part of or replace the existing landscaperegulations of the (City/County of __________).Sections of the ordinance may be renumbered orrelettered and the word “ordinance” may be changedto “section”, “chapter”, “article”, or such otherappropriate word or phrase in order to accomplishsuch intentions. Sections of this ordinance mayrequire the correction of typographical errors whichdo not affect the intent. Such corrections may beauthorized without need of a Public Hearing, by fil-ing a corrected or recodified copy of same with theclerk of the (City/County of _______).

19. REPEAL

The existing regulations of the (City/County of______), being Chapter ______ of the City/CountyCode as amended, are hereby repealed. The adoptionof this ordinance; however, shall not affect nor pre-vent any pending or future prosecution of, or actionto abate, any existing violation of said Chapter , asamended, if the violation is also a violation of theprovisions of this ordinance.

[Guidance: Repeal is only necessary if existing ordi-nances conflict with the new ordinances.]

20. EFFECTIVE DATE

This ordinance shall take effect ________, 20___.

PASSED ON FIRST READING _______(Date)

PASSED ON SECOND ANDFINAL READING AND ADOPTED _______(Date)

________________________(Signature)(Name)Mayor-Commissioner or Chairman

Attest: ________________________(Signature)(Name)City Clerk or Clerk of Circuit Court

Approved as to form and correctness:

________________________(Signature)(Name)City or County Attorney


This attached Model Fertilizer Use Ordinance is anothertool to reduce sources of nutrients coming from urbanlandscapes to reduce the impact of nutrients on Florida’ssurface and ground waters. However, restricting fertilizeruse by itself will not eliminate the impacts of nutrientsfrom urban landscapes. Rather, a comprehensive approachis needed that includes site plan design, landscape design,irrigation system design, and fertilizer application. To assistlocal governments in improving their existing land devel-opment regulations, several “model” ordinances have beendeveloped. These include:

• “Low Impact Design” ordinances which seek to reducethe impact of urbanization on our natural resources bystressing “source controls” that either minimize thegeneration of stormwater or minimize the pollutantsthat can get into stormwater.. For example, promotingdevelopment designs that minimizes clearing of natu-ral vegetation and the compaction of urban soils. AModel Springs Protection Code is being developed byDCA, DEP, and other stakeholders that will includespecific Land Development Regulation recommenda-tions that promote Low Impact Design. This ModelCode will be available in 2009.

• “Landscape Design Ordinances” since this is a majordeterminant in the amount of fertilizer and irrigationthat is needed to maintain healthy urban landscapesand minimize adverse impacts on water resources. Amodel Landscape Ordinance entitled “Guidelines forModel Ordinance Language for Protection of WaterQuality and Quantity Using Florida-friendly Lawnsand Landscapes” was developed by a group of agen-cies, industries, and interest groups over a two yearperiod and published in 2003. It was fundamentallyan adaptation of earlier water conservation ordinancesrevised to include water quality protections for com-pliance with Total Maximum Daily Load (TMDL) orstormwater NPDES permit requirements. The lan-guage focuses on continuing education of lawn careand landscape professionals, proper planning andsupervision during development and construction,and the use of best management practices, includingthe Florida-Friendly Landscape Program. This modelordinance has been renamed “Florida-FriendlyLandscapes Model Guidelines for OrdinanceLanguage for Protection of Water Quality andQuantity” updated for 2008 and may be downloadedfrom: http://www.dep.state.fl.us/water/nonpoint/pubs.htm.

• Finally, the 2004 Florida Legislature directed Florida’swater management districts to work with interestedparties to develop landscape irrigation and Florida-Friendly design standards for new construction (sec-tion 373.228, F.S.). Local governments are to use thestandards and guidelines when developing landscapeirrigation and Florida-Friendly ordinances. TheCommittee on Landscape Irrigation and Florida-Friendly Design Standards convened and developedthe standards. They are published in a booklet calledLandscape Irrigation and Florida-Friendly DesignStandards (December 2006). This document can bedownloaded from: http://www.dep.state.fl.us/water/waterpolicy/land_irr.htm.

1. FINDINGS

As a result of impairment to (MUNICIPALITY /COUNTY)’S surface waters caused by excessivenutrients, or, as a result of increasing levels of nitro-gen in the surface and/or ground water within theaquifers or springs within the boundaries of (munici-pality/county), the governing body of (municipality /county) has determined that the use of fertilizers onlands within (municipality / county) creates a risk tocontributing to adverse effects on surface and/orground water. Accordingly, the governing board of(municipality/county) finds that management meas-ures [Guidance: Optional “additional managementmeasures than are otherwise”] contained in the mostrecent edition of the “Florida-Friendly BestManagement Practices for Protection of Water Resourcesby the Green Industries, 2008,”, may be required bythis ordinance.

2. PURPOSE AND INTENT

This Ordinance regulates the proper use of fertilizersby any applicator; requires proper training ofCommercial and Institutional Fertilizer Applicators;establishes training and licensing requirements;establishes a Prohibited Application Period; specifiesallowable fertilizer application rates and methods,fertilizer-free zones, low maintenance zones, andexemptions. The Ordinance requires the use of BestManagement Practices which provide specific man-agement guidelines to minimize negative secondaryand cumulative environmental effects associatedwith the misuse of fertilizers. These secondary and cumulative effects have been observed in and on

Florida Department of Environmental Protection

Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes

JANUARY 2009

INTRODUCTION

http://www.dep.state.fl.us/water/waterpolicy/land_irr.htm

http://www.dep.state.fl.us/water/waterpolicy/land_irr.htm

http://www.dep.state.fl.us/water/nonpoint/pubs.htm



(MUNICIPALITY / COUNTY)’s natural and con-structed stormwater conveyances, rivers, creeks,canals, springs, lakes, estuaries and other waterbodies. [Guidance: as appropriate] Collectively,these water bodies are an asset critical to the envi-ronmental, recreational, cultural and economic well-being of (MUNICIPALITY / COUNTY) resi-dents and the health of the public. Overgrowth ofalgae and vegetation hinder the effectiveness offlood attenuation provided by natural and con-structed stormwater conveyances. Regulation ofnutrients, including both phosphorus and nitrogencontained in fertilizer, will help improve and maintain water and habitat quality.

3. DEFINITIONS

For this Article, the following terms shall have themeanings set forth in this section unless the contextclearly indicates otherwise.

1. “Administrator” means the (MUNICIPALITY /COUNTY) Administrator, or an administrativeofficial of (MUNICIPALITY / COUNTY) govern-ment designated by the City/CountyAdministrator to administer and enforce theprovisions of this Article.

2. “Application” or “Apply” means the actualphysical deposit of fertilizer to turf or landscapeplants.

3. “Applicator” means any Person who applies fer-tilizer on turf and/or landscape plants in(MUNICIPALITY / COUNTY).

4. “Board or Governing Board” means the Boardof City/County Commissioners of (MUNICIPAL-ITY /COUNTY), Florida.

5. “Best Management Practices” means turf andlandscape practices or combination of practicesbased on research, field-testing, and expertreview, determined to be the most effective andpracticable on-location means, including eco-nomic and technological considerations, forimproving water quality, conserving water sup-plies and protecting natural resources.

6. “Code Enforcement Officer, Official, orInspector” means any designated employee oragent of (MUNICIPALITY / COUNTY) whoseduty it is to enforce codes and ordinances enact-ed by (MUNICIPALITY / COUNTY).

7. “Commercial Fertilizer Applicator” means anyPerson who applies fertilizer on turf and/or land-scape plants in (MUNICIPALITY / COUNTY) in

exchange for money, goods, services or othervaluable consideration.

8. “Fertilize,” “Fertilizing,” or “Fertilization”means the act of applying fertilizer to turf, specialized turf, or landscape plants.

9. “Fertilizer” means any substance or mixture ofsubstances, except pesticide/fertilizer mixturessuch as “weed and feed” products, that containsone or more recognized plant nutrients andpromotes plant growth, or controls soil acidityor alkalinity, or provides other soil enrichment,or provides other corrective measures to thesoil. [Guidance: Regulation of pest control busi-nesses and applicators, and of pesticide use, is pre-empted to the Florida Department of Agricultureand Consumer Services (FDACS) by Chapters482.242, and 487.051 (2), F.S. and suspected pes-ticide misuse should be reported to FDACS. Weedand feed products are registered pesticides. TheLimited Commercial Landscape MaintenanceCertification Program does not allow landscapemaintenance workers to make any kind of pesti-cide applications (including weed control and/orweed and feed products) to any turf areas. Per482.165(3) F.S., a civil penalty for unlicensedapplication of pesticides, including weed and feedproducts, may not be less than $500 or more than$5,000 for each offense. ]

10. “Guaranteed Analysis” means the percentage ofplant nutrients or measures of neutralizing capa-bility claimed to be present in a fertilizer.

11. “Institutional Applicator” means any Person,other than a non-commercial or commercialApplicator (unless such definitions also applyunder the circumstances), that applies fertilizerfor the purpose of maintaining turf and/or land-scape plants. Institutional Applicators shallinclude, but shall not be limited to, owners andmanagers of public lands, schools, parks, reli-gious institutions, utilities, industrial or businesssites and any residential properties maintained incondominium and/or common ownership.

12. “Landscape Plant” means any native or exotictree, shrub, or groundcover (excluding turf).

13. “Low Maintenance Zone” means an area a mini-mum of six (6) feet wide adjacent to watercourses which is planted and managed in orderto minimize the need for fertilization, watering,mowing, etc.

14. “Pasture” means land used for livestock grazingthat is managed to provide feed value.


15. “Person” means any natural person, business,corporation, limited liability company, partner-ship, limited partnership, association, club,organization, and/or any group of people actingas an organized entity.

16. “Prohibited Application Period” means thetime period during which a Flood Watch orWarning, or a Tropical Storm Watch orWarning, or a Hurricane Watch or Warning isin effect for any portion of (CITY/COUNTY),issued by the National Weather Service, or ifheavy rain2 is likely.

17. “(MUNICIPALITY /COUNTY) Approved BestManagement Practices Training Program”means a training program approved by the(MUNICIPALITY /COUNTY) Administratorthat includes at a minimum, the most currentversion of the Florida Department ofEnvironmental Protection’s “Florida-FriendlyBest Management Practices for Protection ofWater Resources by the Green Industries,2008,” as revised and any more stringentrequirements set forth in this Article.

18. “Slow Release,” “Controlled Release,” “TimedRelease,” “Slowly Available,” or “WaterInsoluble Nitrogen” means nitrogen in a formwhich delays its availability for plant uptakeand use after application, or which extends itsavailability to the plant longer than a referencerapid or quick release product.

19. “Turf,” “Sod,” or “Lawn” means a piece ofgrass-covered soil held together by the roots ofthe grass.

4. APPLICABILITY

This Ordinance shall be applicable to and shall reg-ulate any and all applicators of fertilizer and areasof application of fertilizer within the area of(MUNICIPALITY/COUNTY), unless such applicatoris specifically exempted by the terms of thisOrdinance from the regulatory provisions of thisOrdinance. This Ordinance shall be prospectiveonly, and shall not impair any existing contracts.

[Guidance: Local government may adopt additional ormore stringent provisions to the model ordinance.However, the local government should consider the dis-advantages of confusing jurisdictional differences andshould clearly demonstrate they meet at least one ofthe following criteria:

• They have verified impaired waters and are facingexisting or possible TMDL requirements (understate and federal laws); or

• They have verified harm to human health or harmto the environment that warrants additional fertil-izer requirements; or

• That they will improve water quality or preventfuture impacts of fertilizers on the environment;and that the additional regulation is the most rea-sonable and cost-effective method of attainingthese goals.]

[Guidance: Florida Statues 125.568(3), 166.048(3),and 373.185(3) provided that a deed restriction orcovenant entered after October 1, 2001, or local gov-ernment ordinance, may not prohibit any propertyowner from implementing Xeriscape or Florida-Friendly Landscape practices on his or her land. Anyrestrictions created after this date are void.]

5. TIMING OF FERTILIZER APPLICATION

No applicator shall apply fertilizers containing nitro-gen and/or phosphorus to turf and/or landscapeplants during the Prohibited Application Period.

[Guidance: One of the most controversial issues associ-ated with recent fertilizer ordinances enacted by localgovernments is the Prohibited Application Period. Someordinances have prohibited the application of fertilizer,even slow release formulations, during the summerrainy season, typically June 1 to September 30. Thereasoning is that rain occurs frequently, saturating thesoil, leading to more runoff. Fertilizer management islargely about keeping the nitrogen and/or phosphorus inthe root zone where it can be used by the turf. Whileperiods of heavy rainfall contribute to washing fertilizerout of the root zone, the health of the turf grass is anequally important factor. Healthy turf grass withhealthy roots and leaves is important to minimizing fer-tilizer movement. Because turf grass requires nitrogenthroughout its growing period, its health can be nega-tively affected if nitrogen is deficient. Care should betaken with regards to the Prohibited Application Perioduntil the science is better defined. Accordingly, soundscience, common sense, and carefully reasoned judgmentare recommended in determining how to define theProhibited Application Period.]

6. FERTILIZER FREE ZONES

Fertilizer shall not be applied within ten (10) feet,or three (3) feet if a deflector shield or drop

2 World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm (2 inches) in a 24 hour period.http://severe.worldweather.org/rain/, http://www.wrh.noaa.gov/sew/MediaGuide/TermsOutlooks_Watches_Warnings.pdf.

http://www.wrh.noaa.gov/sew/MediaGuide/TermsOutlooks_Watches_Warnings.pdf



spreader is used, of any pond, stream, watercourse,lake, canal, or wetland as defined by the FloridaDepartment of Environmental Protection (Chapter62-340, Florida Administrative Code) or from thetop of a seawall. If more stringent (MUNICIPALITY/ COUNTY) Code regulations apply, this provisiondoes not relieve the requirement to adhere to themore stringent regulations. Newly planted turfand/or landscape plants may be fertilized in thisZone only for the first sixty (60) day establishmentperiod, but caution shall be used to prevent directdeposition of nutrients into the water.

7. LOW MAINTENANCE ZONES

A voluntary six (6) foot low maintenance zone isstrongly recommended, but not mandated, from anypond, stream, water course, lake, wetland or fromthe top of a seawall. A swale/berm system is recom-mended for installation at the landward edge of thislow maintenance zone to capture and filter runoff.If more stringent (MUNICIPALITY / COUNTY)Code regulations apply, this provision does notrelieve the requirement to adhere to the more strin-gent regulations. No mowed or cut vegetative mate-rial should be deposited or left remaining in thiszone or deposited in the water. Care should betaken to prevent the over-spray of aquatic weedproducts in this zone. [Guidance: Care must be takento ensure erosion of the surface soil does not occur.Excessive erosion may be a greater pollution hazardthan occasional proper applications of fertilizer.]

8. FERTILIZER CONTENT AND APPLICATION RATES

[Guidance: RULE 5E-1.003(2)(d), F.A.C. contains thefollowing provisions for golf courses, parks and athleticfields. As such, no additional specific requirements areincluded for these types of urban turf. The appropriateBest Management Practices listed below must be fol-lowed on such sites for nutrient management activities:

(d) Fertilizers labeled for sports turf at golf courses,parks and athletic fields shall:

1. Have directions for use not to exceed rates rec-ommended in the document titled SL191“Recommendations for N, P, K and Mg for GolfCourse and Athletic Field Fertilization Basedon Mehlich I Extractant”, dated March 2007,which is hereby adopted and incorporated byreference into this rule. Copies may be obtainedfrom the Soil and Water Science Department,Florida Cooperative Extension Service, Instituteof Food and Agricultural Sciences, University ofFlorida, Gainesville, FL 32611 or the followingwebsite: http://edis.ifas.ufl.edu/SS404.

2. Have directions for use in accordance with therecommendations in “BMP’s for the Enhance-ment of Environmental Quality on FloridaGolf Courses”, published by the FloridaDepartment of Environmental Protection,dated January 2007. Copies may be down-loaded from http://www.dep.state.fl.us/water/nonpoint/pubs.htm.

Note that this does not exempt applicators at these sitesfrom the required basic Green Industry BMP training.If other provisions of the ordinance are not appropriatefor these sites, such exceptions should be noted.]

(a) Fertilizers applied to turf and/or landscape plantswithin (MUNICIPALITY / COUNTY) shall be formu-lated and applied in accordance with requirementsand directions provided by Rule 5E-1.003(2), FloridaAdministrative Code, Labeling Requirements ForUrban Turf Fertilizers.

(b) Nitrogen or phosphorus fertilizer shall not be appliedto turf or landscape plants except as provided in (a)above unless a soil or tissue deficiency has been veri-fied by an approved test. [Guidance: Soil and tissuetests for phosphorus are normally done by UF/IFAS oranother accredited laboratory. FDEP has sponsoredresearch (ca. 2007-2008) to compare several retail hometest kits to IFAS extension lab results for a wide varietyof Florida soils. This may allow more convenient test-ing by homeowners, although enforcement may be moredifficult without written test results.]

9. APPLICATION PRACTICES

a. Spreader deflector shields are required when fer-tilizing via rotary (broadcast) spreaders.Deflectors must be positioned such that fertilizergranules are deflected away from all impervioussurfaces, fertilizer-free zones and water bodies,including wetlands.

b. Fertilizer shall not be applied, spilled, or other-wise deposited on any impervious surfaces.

c. Any fertilizer applied, spilled, or deposited,either intentionally or accidentally, on any imper-vious surface shall be immediately and complete-ly removed to the greatest extent practicable.

d. Fertilizer released on an impervious surface mustbe immediately contained and either legallyapplied to turf or any other legal site, or returnedto the original or other appropriate container.

e. In no case shall fertilizer be washed, swept, orblown off impervious surfaces into stormwaterdrains, ditches, conveyances, or water bodies.





10. MANAGEMENT OF GRASS CLIPPINGS ANDVEGETATIVE MATTER

In no case shall grass clippings, vegetative material,and/or vegetative debris either intentionally or acci-dentally, be washed, swept, or blown off intostormwater drains, ditches, conveyances, water bod-ies, wetlands, or sidewalks or roadways.

11. EXEMPTIONS

The provisions set forth above in this Ordinanceshall not apply to:

(a) bona fide farm operations as defined in theFlorida Right to Farm Act, Section 823.14,Florida Statutes, provided that fertilizers areapplied in accordance with the appropriate bestmanagement practices manual adopted by theFlorida Department of Agriculture andConsumer Services, Office of Agricultural WaterPolicy for the crop in question.

(b) other properties not subject to or covered underthe Florida Right to Farm Act that have Pasturesused for grazing livestock provided that fertiliz-ers are applied in accordance with the appropri-ate best management practices manual adoptedby the Florida Department of Agriculture andConsumer Services, Office of Agricultural WaterPolicy for the crop in question.

12. TRAINING

(a) All commercial and institutional applicators offertilizer within the (un)incorporated area of(MUNICIPALITY / COUNTY), shall abide byand successfully complete the six-hour trainingprogram in the “Florida-Friendly BestManagement Practices for Protection of WaterResources by the Green Industries” offered bythe Florida Department of EnvironmentalProtection through the University of FloridaExtension “Florida-Friendly Landscapes” pro-gram.

(b) Non-commercial applicators not otherwiserequired to be certified, such as private citizenson their own residential property, are encouragedto follow the recommendations of the Universityof Florida IFAS Florida Yards and Neighborhoodsprogram when applying fertilizers.

[Guidance: A local government may establish a certifi-cation/education program for the application of fertil-izers indicating the completion of an education pro-gram for special local requirements not covered in theabove programs. Persons with only statewide certifica-tion may be required to review a local publication andsign an affidavit attesting to their reading and under-standing the special local requirements.]

13. LICENSING OF COMMERCIAL APPLICATORS

(a) All commercial applicators of fertilizer withinthe (un)incorporated area of (MUNICIPALITY /COUNTY), shall abide by and successfully com-plete training and continuing education require-ments in the “Florida-friendly Best ManagementPractices for Protection of Water Resources by theGreen Industries”, offered by the FloridaDepartment of Environmental Protectionthrough the University of Florida IFAS “Florida-Friendly Landscapes” program, prior to obtain-ing a (MUNICIPALITY / COUNTY) LocalBusiness Tax Certificate for any category ofoccupation which may apply any fertilizer toturf and/or landscape plants. CommercialFertilizer Applicators shall provide proof ofcompletion of the program to the (MUNICI-PALITY / COUNTY) Tax Collector’s office with-in 180 days of the effective date of this ordi-nance. [Guidance: The ordinance is prospectiveonly. Occasions may exist for a finite time wherepre-existing contract terms mandate practices notin accordance with the BMPs. Such terms shouldbe voided at contract expiration.]

(b) All businesses applying fertilizer to turf and/orlandscape plants (including but not limited toresidential lawns, golf courses, commercialproperties, and multi-family and condominiumproperties) must ensure that at least oneemployee has an appropriate “Florida-FriendlyBest Management Practices for Protection of WaterResources by the Green Industries” training cer-tificate prior to the business owner obtaining aLocal Business Tax Certificate. Owners for anycategory of occupation which may apply anyfertilizer to Turf and/or Landscape Plants shallprovide proof of completion of the program tothe (Municipality/ County) Tax Collector’sOffice.

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Prepared forFLORIDA YARDS & NEIGHBORHOODS

University of FloridaP.O. Box 110675, Mehrhof Hall • Gainesville, FL 32611-0675

RevisedJANUARY 2009

Prepared by:Conservation Clinic

University of Florida Levin College of LawGina M. Fraga, J.D. Candidate

Srujani Pagidipati, J.D. CandidateContributions by: Joshua Muller, J.D. Candidate

Paul Kim, J.D. CandidateAmanda Perry, J.D. CandidateThomas T. Ankersen, Director

Advisor: Ondine Wells, Builder & Developer State CoordinatorReviewer: Michael Thomas, FDEP

Esen Momol, Florida-Friendly Landscape Program Statewide Coordinator

Florida-Friendly LandscapingCovenants, Conditions and Restrictions


I. OVERVIEW ......................................................29

II. ENFORCEABILITY AND AMENDABILITY OF CCRs ....................................30

III. PURPOSE ..........................................................30

IV. EXHIBIT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FLORIDA-FRIENDLY DEVELOPMENT ....................31

Table of Contents


I. OVERVIEW

As more people move to Florida each day, continuedland development is inevitable. It is imperative thatFloridians find a way to coexist with their naturalenvironment or face the possibility of forever losingvaluable resources such as pristine waters andnative species. To protect Florida’s fragile environ-ment, developers, homeowners, and homeownerassociations must understand and address the envi-ronmental impact of their land use decisions. Byminimizing their adverse impacts on the environ-ment, these individuals and organizations can makea positive difference in preserving Florida’s naturalresources.1 Accordingly, to encourage the imple-mentation of low impact land use strategies at thehomeowner level, this document recommends thatdevelopers, homeowners, and homeowner associa-tions place Florida-Friendly Landscaping restrictivecovenants on their properties.

A Florida-Friendly Landscape is one where the right plants are in the right place, watering is doneefficiently, fertilizing is done appropriately, mulch isused, wildlife is attracted, yard pests are managedresponsibly, yard waste is recycled, stormwaterrunoff is significantly reduced, and the waterfront isprotected from pollutants.2 Currently, developersinterested in incorporating these practices into theircommunity’s documents and plans have no conciseguidelines or certainty as to their enforcementthroughout the lifetime of the project. Adding theseprovisions into the community’s declaration ofcovenants gives them the force of law. Therefore, adeveloper acquires a fair amount of certainty that aproject intended to be marketed and sold as“Florida-Friendly” will retain many of the environ-mental characteristics that attracted buyers in thefirst place.3

This document is a result of a joint project betweenFlorida Yards & Neighborhoods and theConservation Clinic at the University of Florida’sLevin College of Law. It contains a practical frame-work of model conservation restrictive covenants,which developers or associations may selectivelyinsert in the governing documents of their commu-nity associations. The model language offered isintended to be used by developers as guiding princi-

ples in the writing process of their own restrictivecovenants or, as they are commonly known, theDeclaration of Covenants, Conditions andRestrictions “CCRs.”

This document provides sample language for landscaping provisions and language for other provisions that establish a system to effectivelyenforce these standards. By no means is it to beconsidered a complete CCR or a substitute for formal legal advice. A lawyer should always be consulted in the drafting of this important docu-ment and changes are encouraged to accommodatespecific site conditions. Drafters should also consult relevant municipal and state laws whichprevail over any language set forth herein. Any language included in a CCR which goes against lawor public policy is immediately held to be invalid.4

The annotations and footnotes serve to guide thereader by giving background information or expla-nations that clarify certain provisions. The goal ofachieving environmental impact reductions by usingbest practices will be achieved as more communitiesincorporate provisions such as the ones provided inthis document into their own CCRs. Also, a keyaspect to achieving this goal is homeowner educa-tion by the developer or by the community’s association.

Given the complexity of the subject and the possibility of new technical data and government reg-ulation in the field of water conservation, Florida-Friendly Landscaping and pollution prevention, thelanguage in this document might quickly become out-dated. The Florida Yards and Neighborhoods exten-sion office at the University of Florida works diligent-ly to keep up with the latest trends in these fields andcan be contacted for more information. The FloridaYards & Neighborhoods also has offices in countiesaround the state which can be located on the web athttp://fyn.ifas.ufl.edu or http://FloridaYards.org orhttp://www.SolutionsForYourLife.org/fyn or contacted at (352) 392-1831 Ext.243 Also, home-owners wishing to obtain additional recommenda-tions for a specific region in Florida may checkupdated versions of other University of Florida’sIFAS publications at http://edis.ifas.ufl.edu/ orhttp://SolutionsForYourLife.com.

1 FL Yards & Neighborhoods Handbook, A Guide to Environmentally Friendly Landscaping, 2 (2nd ed. 2003).

2 FL Yards & Neighborhoods Handbook 3rd Edition, A Guide to Florida-Friendly Landscaping (3rd ed. 2006).

3 But see Patrick A. Randolph, Jr., Symposium: Common Interest Development Communities: Part II: Changing the Rules: Should Courts Limit the Power of Common InterestCommunities to Alter Unit Owners’ Privileges in the Face of Vested Expectations?, 38 Santa Clara L. Rev. 1081, 1105 (1998) (noting that courts do not protect an expecta-tion that a development within a subdivision will remain unchanged, but rather only assure that the changes will be uniform in application).

4 A Patrick Rohan, Real Estate Transactions: Home Owner Associations and PUDs – Law and Practice, §8.00-8.28, (1977).

http://SolutionsForYourLife.com

http://edis.ifas.ufl.edu/

http://www.SolutionsForYourLife.org/fyn

http://FloridaYards.org

http://fyn.ifas.ufl.edu


II. ENFORCEABILITY AND AMENDABILITY OF CCRS

According to newly enacted legislation, homeowners’association documents may not prohibit the inclu-sion of “Xeriscaping” or “Florida-FriendlyLandscaping” provisions.5 The main concern fordevelopers or homeowners who are interested inconserving water and protecting the environmentwould be the ability to enforce and amend these pro-visions in their community’s declarations ofcovenants. The reality of the matter is that sincethis topic is fairly new, not much case law can befound on the subject. Therefore, inferences have tobe made from cases that deal with amending orenforcing restrictive covenants in subjects unrelatedto water conservation or landscaping.

First, rules included in the declaration of covenantsare presumed to be valid since each purchaser hadadequate notice of these before buying a lot and voluntarily chose to purchase lots encumbered byrestrictions.6 Therefore, some provisions includedin the declarations do not necessarily have to bedeemed reasonable since the court will uphold themas long as they are not “clearly ‘ambiguous,’ appliedarbitrarily, or violative of public policy or a funda-mental constitutional right.7 To be legally enforce-able, rules regulating the use of property must bereasonable.8

The reasonableness standard comes into play wherea court is asked to review the appropriateness ofamendments to restrictive covenants. Generally,courts are more generous when reviewing amend-ments voted on by property owners rather than uni-lateral amendments done by the homeowners associ-

ation or an equivalent representative group.9 Theonly discernible limitation placed on any covenantamendment seems to be that it must preserve the“basic expectations created in the original scheme”of development.10 Also, developers may retain alimited amount of power to amend the restrictionsbefore turnover, but it must be exercised in a reason-able manner and must preserve the original schemeof development.11 Some states have an additionaljudicial limitation on amendments to the restrictivecovenants which provides that all property ownershave to be affected equally by any modification.12

Two areas deserve special attention from people con-cerned about enforcing and maintaining a “Florida-Friendly” community. First is the possibility ofsome restrictions to be judicially nullified due tochanges that occur outside the restricted community.This occurred in Shalimar Park Subdivision inFlorida where the court held that the changes inzoning and uses of the immediate neighboring prop-erties were so drastic that they nullified the protec-tions of the restrictive covenants within this commu-nity since there was no detrimental effect on otherproperty owners.13 Second, failure of a communityto diligently enforce violations to the provisions inits CCRs may result in the future inability of thecommunity to enforce on the specific violation.14

III. PURPOSE

The construction of community developments is stillon the rise. In 2005, the number of new residentialbuilding permits issued in Florida was 280,463—a9% increase from the previous year and almost dou-ble the number issued in 2000.15 This document isaimed at reducing the environmental impact of these

5 Fla. Stat. §720.3075(4) (2005).

6 Hidden Harbour Estates v. Basso, 393 So. 2d 637, 639 (Fla. Dist. Ct App. 1981).

7 Zelica M. Grieve, Note and Comment: Latera v. Isle at Mission Bay Homeowners Ass’n: The Homeowner’s First Amendment Right to Receive Information, 20 Nova L. Rev.531, 542 (1995) (quoting in part from Constellation Condominium Ass’n v. Harrington, 467 So. 2d 378, 381 (Fla. Dist. Ct. App. 1985) and citing to Hidden HarbourEstates v. Basso, 393 So. 2d 637 at 640).

8 Fla. Stat. Ann. 718.123(1) (West 1988 & Supp. 1998).

9 See Hidden Harbour Estates, 393 So. 2d 637 (board adopted lawn watering and well building restriction to control water salinity problem in community); Nelle v. LochHaven Homeowners’Ass’n, Inc., 413 So. 2d 28 (Fla. 1982)

10 See Randolph, supra note 3 at 1119.

11 Nelle, 413 So. 2d at 29.

12 See Randolph, supra note 3 at 1103.

13 Crissman v. Dedakis, 330 So. 2d 103, 104 (Fla. Dist. Ct. App. 1976).

14 See, e.g. Siering v. Bronson, 564 So. 2d 247 (Fla. Dist. Ct. App. 1990). But also see Mizell v. Deal 654 So.2d 659 (Fla. Dist. Ct. App.1995) (finding that failure tocomplain of a restriction on mobile home placement in a community for one and half years did not amount to a waiver of the right to enforce the restrictions).

15 Florida Research & Economic Database, Annual Building Permits data in Florida, at http://fred.labormarketinfo.com/analyzer/locpermitsdata.asp?geo=1201000000&cat=ECO&session=LOCPERMITS&subsession=99&areaname=Florida&tableused=BLDING&defaultcode=&roll=&rollgeo=04&time=20050100:20040100:20030100:20020100:20010100:20000100&currsubsessavail=&sgltime=0&siclevel=3&naicslvl=6 (last visited March 31, 2006).

http://fred.labormarketinfo.com/analyzer/locpermitsdata.asp?geo=1201000000&cat=ECO&session=LOCPERMITS&subsession=99&areaname=Florida&tableused=BLDING&defaultcode=&roll=&rollgeo=04&time=20050100:20040100:20030100:20020100:20010100:20000100&currsubse




new communities. Our goal is to inform the com-munity associations of simple conservation methodsand to increase the number of associations who fol-low these methods.

The University of Florida Levin College of Law’sConservation Clinic (Clinic) researched the legalprocess of including these CCRs in association docu-ments. Since the governing documents—the articlesof incorporation, the bylaws, and the declaration ofcovenants—of community associations establish therights of owners, the state regulates the amendment ofthese documents. Once a developer has turned overcontrol to the community association, changes to thegovernance structure become very difficult. Thedeveloper may no longer make unilateral amend-ments16 and the association may only amend the gov-erning documents if: (1) a certain percentage ofOwners are present at a noticed meeting, and (2) acertain percentage of these Owners present vote infavor of the amendment at a noticed meeting.17

However, prior to turnover, a developer may reservethe right to reasonably amend the documents withoutthe consent of the association.18 Thus, a developermay easily influence communities to comply withmanageable conservation practices from their incep-tion by asking their lawyer to include these modelconservation CCRs in the community’s governingdocuments at the beginning stages of the project.

The Clinic also researched the most appropriate con-servation methods available within the parameters ofFlorida Yards and Neighborhoods. In researchingwater conservation methods and Florida-FriendlyLandscaping, the Clinic reviewed the CCRs of othercommunities, spoke with conservation professionals,and examined applicable Florida laws. Even thoughthere are different, effective conservation methods forthe various regions of Florida, the Clinic decidedupon a state-wide approach when choosing what typeof CCRs to include. After drafting the first version,the Clinic sought the advice of various developersand conservationists across the state concerning thepractical application of these CCRs. The final docu-ment offered here reflects the points and concerns ofthese professionals.

However, by providing this document, the Clinicoffers only a practical guide to creating conservationCCRs. It is not our purpose to give developers or

associations an extensive set of CCRs for communityassociations. These CCRs are based on currentFlorida law and current scientific data.19 As the lawchanges and new scientific data emerge, this docu-ment will also need to be revised. A lawyer shouldreview any clauses to be inserted into an association’sformal documents and amend them as necessary toaccount for conflicting law or any unique constraintswithin the association.

Developers and associations should also bear in mindthat the model CCRs in this document are only oneapproach to increasing conservation in Florida.There are many effective conservation methods avail-able and should be considered. Florida Yards andNeighborhoods brochures may be requested for addi-tional information on the latest conservation meth-ods and ideas.

IV. SAMPLE EXHIBIT TO DECLARATION OF COVENANTS, CONDITIONS ANDRESTRICTIONS FOR A FLORIDA-FRIENDLYDEVELOPMENT

DECLARATION EXHIBIT FLORIDA-FRIENDLY DEVELOPMENT COVENANTS, CONDITIONS AND RESTRICTIONS

1. PURPOSE.The Florida-Friendly provisions in this Exhibitprovide a framework to establish minimum stan-dards for the development, installation, andmaintenance of low-impact yards for communi-ties who wish to reduce their ecological footprintin Florida. The wildlife provisions, address meas-ures that communities can take to positivelycoexist with animals that will be attracted to thecommunity by the Florida-Friendly Landscape.

2. DEFINITIONS.2.1 “A Guide to Florida-Friendly Landscaping

Handbook” means the most current versionof the handbook produced by the FloridaYards & Neighborhoods of the University ofFlorida’s IFAS Cooperative ExtensionService.

2.2 “Certified Professional” means a personwho possesses a certificate under Section

16 Fla. Stat. §720.3075(1)(a) (2005).

17 Fla. Stat. §720.306(1) (2005).

18 Nelle, 413 So. 2d at 29.

19 The data in this document is based on 2005 Florida law and information in the 2006 edition of the Florida Green Industries Best Management Practices handbook andthe Florida Green Industries BMPs handbook.


3.3 below in Florida Green Industries BestManagement Practices.

2.3 “Environmental Landscaping ReviewCommittee” means a duly appointed com-mittee made up of Certified Professionalswith delegated authority from theAssociation to enforce certain parts of thisDeclaration and who advise the Associationon overall environmental protection policyand enforcement issues.

2.4 “Florida-Friendly Landscaping” or“Xeriscape” means quality landscapes thatconserve water and protect the environmentand are adaptable to local conditions andwhich are drought tolerant. The principlesof Xeriscape include planning and design,appropriate choice of plants, soil analysiswhich may include the use of solid wastecompost, efficient irrigation, practical use ofturf, appropriate use of mulches, and propermaintenance. (Ref. §373.185 F.S.).

2.5 “Florida Green Industries Best ManagementPractices” include those practices defined inthe Florida-Friendly Best ManagementPractices for Protection of Water Resourcesby the Green Industries.

2.6 “Managed Areas” includes any areas man-aged but not owned by the Home OwnerAssociation.20

3. FLORIDA-FRIENDLY LANDSCAPING

3.1 Areas Managed by the Association21

3.1.1 Association Services. In addition tothe powers granted under its govern-ing documents, the Association shallprovide the following services:

(a) Maintenance of all Common andManaged Areas and all County,Water Management District orother governmental propertieslocated within the Property to theextent permitted by governmentalauthority.

(i) The Association’s maintenanceof the Common Area andManaged Area shall specifical-ly include, but shall not belimited to, the ponds, and thestormwater management sys-tem, to the extent permittedby the Water ManagementDistrict and other governmen-tal authorities.

(ii)Insect, pest and aquatic con-trol to the extent that it isnecessary or desirable in thejudgment of the Associationto supplement the service pro-vided by the state and localgovernments, which shallinclude without limitation theAssociation’s maintenance of acontract for continued inspec-tion, maintenance, and treat-ment for subterranean ter-mites.

(b) Maintenance. The EnvironmentalLandscaping Review Committee(the “Committee”) shall carefullymonitor all pesticide applications,lawn and landscaping services,and fertilizer applications per-formed in the Common Areas andin the Managed Areas to ensurethat Florida Green Industries’BMPs are followed.

(c) General Use of Common Areas.Homeowners shall refrain fromany acts that negatively impactthe environment and wildlife inCommon and Managed Areas.

3.2 Environmental Landscaping ReviewCommittee.

3.2.1 General Duties. The Committee shalldesign, manage, and maintain theenvironmental landscape for thedevelopment. The Committee shallmake all environmental landscaping

20 In some communities, privately owned areas are managed by the Homeowners Association. This definition lets the reader know that there is a distinction between com-mon areas and areas not owned but managed by the Home Owner Association.

21 In a situation where there is a Community Development District in addition to, or rather than, a Homeowner’s Association, the definition of Association may be amendedto include the Community Development District.


decisions within the development inaccordance with the guidelines setforth in the most current edition ofthe Florida-Friendly Best ManagementPractices for Protection of WaterResources by the Green Industries(“Florida Green Industries BMPshandbook”). Environmental land-scaping decisions includes, but is notlimited to, decisions connected tolandscaping, irrigation, pesticideapplication, fertilization, water conser-vation, and wildlife conservation. If aHomeowner desires to make an envi-ronmental design change to theirproperty including changes to theirlandscape or irrigation system, theHomeowner shall, prior to makingany change, seek approval for suchdesign change by submitting a designchange application to the Committee.No later than 30 days after the date onwhich the Homeowner submits adesign change application to theCommittee, the Committee shall pro-vide written notice to the Homeownerapproving or denying the proposeddesign change. The Committee shallnot approve any proposed designchange that fails to conform to thedevelopment’s design concept. Noapproval shall be required for designchanges involving the planting ofannuals, planting of pre-approvedplants or trees, or for the removal ofdeceased or diseased trees. TheCommittee shall keep, account, andmaintain records for all environmentallandscaping management and mainte-nance decisions made by theCommittee. If a Homeowner submitsa written request for documents relat-ing to the management and mainte-nance of the development’s environ-mental landscaping, the Committeeshall, within a reasonable time afterthe date on which it received therequest, submit such documents tothe Homeowner. The Florida-Friendly Best Management Practicesfor Protection of Water Resources bythe Green Industries is attached andincorporated by this reference asattachment “A”

3.2.2 Irrigation Plan & Operation Manual.The Committee shall develop an irri-gation plan for the Development thatincludes, but is not limited to, an irri-gation system layout identifying thelocation of the irrigation system com-ponents, irrigation times and maxi-mum irrigation application rate perlawn, area, or zone.22 The irrigationplan shall meet or exceed state andlocal water regulations. Subject to thelimitations under Section 3.2.1, theHomeowners may request and theCommittee shall provide a copy ofmaterials including, but not limited to,the irrigation plan and the operationmanual for all irrigation systems.

3.2.3 Irrigation Scheduling (Local govern-ments cannot require this section, butHOAs can adopt voluntarily.) TheCommittee shall create an irrigationschedule. If the Committee does notemploy innovative technology includ-ing, but not limited to, soil moisturesensors or ET Controllers, theCommittee shall, for all Managed Areasand Common Areas managed by theAssociation, create an irrigation sched-ule consistent with the UF/IFASExtension irrigation scheduling recom-mendations to the extent that theymeet or exceed state and local law. Indeveloping an irrigation schedule, theCommittee shall take into account sea-sonal plant water requirements, recentrainfall, recent temperature extremes,and soil moisture. The Committeeshall, in accordance with the IrrigationSchedule, manage the irrigation sys-tems used in the Common Areas andManaged Areas. The Committee shallaccount for and exempt newly installedlandscaping in the irrigation schedule.

3.2.4 Irrigation Preventative MaintenanceProgram. For Common Areas andManaged Areas, the Committee shallimplement a preventative maintenanceprogram that includes but is not limit-ed to the following:

(a) replacing worn or broken compo-nents,

22 Other requirements may be added depending on how broad the developer or association wishes the irrigation plan to be but the drafter should always be cautious andaware of local irrigation laws or rules. The plan should include exceptions for newly installed landscaping which usually requires longer irrigation timing.


(b) identifying and repairing leaks,

(c) identifying and repairing brokenor faulty sprinkler heads,

(d) identifying and repairing systemmalfunctions,

(e) periodically calibrating irrigationsystem to determine properwatering time,

(f) periodically monitor water bodiesto detect sudden increase inalgae growth, and

(g) performing weekly visual inspec-tions to identify excessive runoffincluding standing water.

3.2.5 Pesticide Records for Common Areas.The Committee shall obtain from thecertified pesticide application compa-ny or from the Association, accuratepesticide application records includingrecords for any restricted use pesti-cides used in the Common Areas andManaged Areas as may be required byFlorida law.23 The Committee shallmaintain these pesticide records for 2years from the application date or asmay be required for pesticide applica-tors by Florida law.24

3.2.6 Solar Power. The Association maynot prohibit any Homeowner frominstalling solar power or water heat-ing systems on the Homeowners’ pri-vate property. The Association mayregulate the aesthetics and construc-tion of such systems.

3.2.7 Environmental LandscapingViolations. If the Committee hasknowledge that a Property is not com-plying with the water conservation,landscaping, fertilizing, or pesticideapplication parts of this Declarationthe Committee shall notify theHomeowner and give ______ days to

cure the problem. If the Homeownerdoes not cure the problem within theallotted time frame, the Committeemay take reasonable measures to cor-rect this problem, bill the Homeownerfor the work performed on theHomeowner’s Property to cure suchproblem and take any other enforce-ment actions as provided by thisDeclaration.

3.3 Certification Requirements. Only thoseemployees of landscaping, fertilizing, or pesticide application companies who have acurrent certificate of completion of trainingin Florida-Friendly Best ManagementPractices for Protection of Water Resourcesby the Green Industries from the UF/IFASExtension Service and who demonstrate that the company’s principles follow theseBest Management Practices shall be allowedto service Homeowners’ properties, Common Areas and Managed Areas in theDevelopment. The Committee shall main-tain an updated list of Certified Professionalswho may perform landscaping, pesticide orfertilizing services within the Developmentand shall update this list every 6 months.Homeowners not using the for-hire contrac-tors included in the Committee’s CertifiedProfessionals list shall obtain written permis-sion from the Committee before any servicesare performed in a Homeowners property.

3.4 Florida-Friendly Landscaping. TheAssociation may not prohibit anyHomeowner from implementing Florida-Friendly Landscape or Xeriscape on theHomeowner’s private property.25

3.4.1 Pre-landscape Installation. Beforelandscape installation starts and forevery lot where the Developer intendsto install landscaping, the Developershall, after final grade, obtain soilanalysis information from a reputablesoil testing lab or the University ofFlorida/IFAS Cooperative Extensionfacility to assess soil conditions suchas soil type and texture, and pH.26

23 Florida pesticide law requires certified applicators to keep records for 2 years of all restricted use pesticides applied. See Fla. Stat. §487.160 (2005).

24 The Florida Yards & Neighborhoods program recommends that pesticide records should be kept longer than 2 years for the successful implementation of an IntegratedPest Management program.

25 Fla. Stat. §720.3075(4).

26 An analysis of soil infiltration rate is also recommended but implies extra costs. For soil testing recommendations and information see the Soil and Water ScienceDepartment, Florida Cooperative Extension Service, University of Florida/IFAS at http://edis.ifas.ufl.edu/SS156 (last visited 4/10/2006).



The Developer shall make this infor-mation available to the Associationand to all purchasing Homeowners. Ifafter turnover of control to theAssociation, the Association intends toinstall new landscaping in theCommon or Managed Areas it mayonly do so if the soil testing informa-tion on file for that lot is less than_____ years old. If the soil tests on filefor the lot where new landscape willbe installed are more than _____ yearsold, the Association shall obtain soilanalysis information from a reputablesoil testing lab or the University ofFlorida/IFAS Cooperative Extensionfacility. Homeowner’s are stronglyencouraged to follow the recommen-dations of a soil analysis from a rep-utable soil testing lab or the Universityof Florida/IFAS Cooperative Extensionfacility when installing new landscapeon the Homeowner’s Property.

3.4.2 Plant/Turf Selection and Design. Inaccordance with the most current ver-sion of the UF IFAS Florida Yards &Neighborhoods Plant List, theDeveloper shall select turfgrass andlandscape plants suited to the soil andother site characteristics describedunder Section 3.4.1 above. TheDeveloper shall design the landscapeso that plants serve environmentallyfriendly functions including, but notlimited to, cooling, privacy screening,shade, aesthetics, wildlife habitat,runoff pollution prevention, anddirecting traffic flow onto and withinthe Development. The Associationand the Homeowners shall use plantslisted in a plant palette approved bythe Committee or refer to the mostcurrent version of the UF IFAS FloridaYards & Neighborhoods Plant List.

3.4.3 Plant Installation. All plant installa-tions shall be conducted in accor-dance with the most current versionof the Florida Green Industries BMPshandbook guidelines.

3.4.4 Mulching. All mulching shall be con-ducted in accordance with the most

current version of the Florida GreenIndustries BMPs handbook guide-lines. Mulch shall be placed at least3-4" from the trunks of trees or thestems of landscape plants and shall bemaintained at a depth of 2 - 3."Organic mulch may require weedingand replenishment once or twice ayear to maintain a total depth of 2 –3." Mulch shall be applied to a tree’sdrip line or beyond at least an 8’diameter around the tree. Organicmulch and recycled mulch includingleaves, pine needles, grass, and shrubclippings are recommended. Cypressmulch is often made from waste woodgenerated in manufacture of theseproducts, but it may also be producedfrom whole trees cut from wetlands.The use of cypress mulch may not berecommended.

3.4.5 Fertilizer Use.

(a) Selection and Application.Homeowners are strongly encour-aged to follow the fertilizing rec-ommendations of the most cur-rent version of the Florida Yards& Neighborhoods Guide toFlorida-Friendly Landscapingwhen fertilizing on their own. Allfertilizing companies hired toservice a Homeowners lawn shallfollow Florida Green IndustriesBMPs and have a valid certifica-tion as prescribed in Section 3.2.Fertilizers and pesticides may notbe applied within a minimum of10 feet from the edge of any waterbody.27 For the purposes of thissection, water body includes, butis not limited to, creeks, lakes,ponds, rivers, streams, lagoons orstormwater retention areas notunder the Water ManagementDistrict jurisdiction, or those del-egated to the Association by theWater Management District.

3.4.6 Mowing. Mowing in Common Areasand Managed Areas shall be done inaccordance with the most current ver-sion of the Florida Green Industries

27 Community Associations may wish to establish a buffer zone or low impact zone at a greater distance. Some local governments may have more restrictive ordinances.See TAMPA, FLA., CODE § 13-163 (2006).


BMPs handbook and by certifiedlandscaping contractors as prescribedin Section 3.2. Homeowners arestrongly encouraged to follow thesuggested mowing recommendationsin the most current version of theFlorida Yards & NeighborhoodsGuide to Florida-FriendlyLandscaping. All landscaping contrac-tors performing environmental land-scaping services on a Homeownersproperty shall act in accordance withthe most current version of theFlorida Green Industries BMPs hand-book and have a valid certification asprescribed in Section 3.2. Mowingadjacent to swales or water bodiesshall be performed such that no clip-pings are deposited into any swales orwater bodies.

3.4.7 Disposal of Landscape Material.

(a) Turf Clippings. Unless the turf isdiseased, turf clippings shall beleft on turf areas or compostedon-site to recycle nutrients. Anyclippings or landscape materialthat fall on impervious surfacessuch as sidewalks, driveways, orroads shall be swept onto turfareas or composted. Turf clip-pings or landscape material shallnot be deposited in any swales orwater bodies.

(b) Composting. The Committeeshall not prohibit anyHomeowner from installing com-post bins on the Homeowner’sprivate property. The Committeemay regulate the aesthetics andsiting of composting activities.Any person discarding any plantmaterial shall follow all applicablestate and local ordinances.

3.5 Water Conservation.

3.5.1 Irrigation Systems.

(a) Installation & Design. All irriga-tion systems in the Developmentshall be installed according to the

state Standards for LandscapeIrrigation in Florida and shallmeet or exceed all state and localregulations. The irrigation sys-tems of any areas that do not havelocal irrigation regulations shall,at a minimum, meet the stateStandards for LandscapeIrrigation in Florida. The irriga-tion system shall be designed soas to not overlap with water cov-erage zones, not to water impervi-ous areas, and not to irrigatewithin three (3) feet of the build-ing foundation. The irrigationdesign shall separate turf irriga-tion areas from landscape bedirrigation areas. All irrigation sys-tems shall meet current BestManagement Practices as estab-lished by the most current versionof the Florida Green IndustriesBMPs handbook, including theuniform distribution of waterthroughout all zones.28 Beforeand during construction, thedesigner of the Irrigation Systemshall approve in writing anychanges to the irrigation design.A copy of the state Standards forLandscape Irrigation in Florida isattached and incorporated by thisreference as attachment “B.”

(b) Maintenance. Irrigation systemsshall be continuously maintainedin working order so that theapplication rate of water to land-scape and grass does not exceedthe ability of the soil to absorband retain water applied duringone application. Homeownersshall comply with the require-ments of this Article and shallmaintain the irrigation systemswithin their Property boundaries.The Association shall within theCommon Areas and ManagedAreas, make monthly inspectionof all automatic irrigation sys-tems for operating defects, peri-odically calibrate all automaticirrigation systems, and seasonallyreset the irrigation controllers or

28 This sentence should refer to the most current version of the Florida Green Industries BMPs manual and not to a specific set of guidelines since new editions of the BMPsmanual will eventually come out.


timers to account for changes inplant growth and local weatherconditions. The irrigation systemshall meet or exceed the rules ofthe State, the controlling WaterManagement District and thelocal government. If aHomeowner’s irrigation systemdoes not function properly, theCommittee may correct this prob-lem as provided under Section3.1.5 above.

3.5.2 Rain Shut-off Devices or Soil MoistureSensors.

(a) Installation. Rain shut-off devicesor soil moisture sensors shall beinstalled and operational for allin-ground irrigation systems. Rainshut-off devices shall be placed inopen areas to prevent incorrectreadings. Flow meters, tensiome-ters, and other irrigation toolsmay be used to help make goodirrigation management deci-sions.29

(b) Maintenance. The Associationshall maintain rain shut-offdevices or soil moisture sensorsin all the Common Areas andManaged Areas. The Homeown-ers shall maintain the shut-offdevices or soil moisture sensorswithin their property boundariesif such devices are not managedby the Association.

3.5.3 Homeowner Education. TheAssociation shall create a Florida-Friendly educational package thatincludes, but is not limited to, a copyof the Association’s CCRs as well asany other relevant water conservationand Florida-Friendly Landscapinginformation. The Association shallprovide a copy of this educationalpackage to all subsequent purchasers.The Association shall recommend that

Homeowners consult with local, coun-ty, or state FYN extension officeswhen appropriate.

3.5.4 The Association shall ensure that allsubsequent purchasers receive a copyof the Irrigation Plan and Scheduleand operating manuals, including anywarranties, for the following:

(a) irrigation systems,

(b) rain shut-off devices,

(c) soil moisture sensors, and

(d) any other mechanical or electron-ic device implemented in theIrrigation Plan.

When a Homeowner sells their home,the Homeowner shall notify theAssociation of the transfer and theAssociation shall provide the newHomeowner with a copy of the oper-ating manuals and any applicable war-ranties as stated above in this Exhibit.The Association may conduct an edu-cational program on Florida-FriendlyLandscaping to educate allHomeowners and Association mem-bers at least once a year.30

3.6 Pest Control

3.6.1 Pesticide Application. Preventive31

blanket applications of pesticides areprohibited, except those performed aspart of an IPM program in accordancewith the most current version of theFlorida Green Industries BMPs hand-book or for termite prevention. Allpesticide applications in CommonAreas shall be done by a CertifiedProfessional and in accordance withthe most current version of theFlorida Green Industries BMPs hand-book. Homeowners are stronglyencouraged to use alternative methodsfor controlling pest problems and to

29 Pursuant to Fla. Stat. §373.62, any person who purchases and installs an automatic lawn sprinkler system after May 1, 1991, shall install, and must maintain andoperate, a rain shut-off device or switch that will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.

30 This is strongly suggested to ensure Homeowner compliance with these Florida-Friendly CCRs and may be also done through an informational community website or bul-letin board.

31 Preventative applications are those which are done regardless of whether there are pest problems or not. Blanket applications may be used when necessary to cure anexisting pest problem.


follow the most current version of theFlorida Yards & Neighborhoods Guideto Florida-Friendly Landscaping.However, all pest control companiesservicing a Homeowner’s propertyshall have valid state and countylicenses, follow Integrated PestManagement as prescribed in theFlorida Green Industries BMPs hand-book, and have a valid certification asprescribed in Section 3.2.

3.7 Stormwater

3.7.1 Reserve Funds for the StormwaterManagement System. __________ %of the initial working capital fundshall be set aside for maintenance andany future repair of the stormwatermanagement system. The amountshall only be used to address issuesrelating to the stormwater manage-ment system.

3.7.2 Runoff. The Developer shall notdivert roof or structure runoff to drain onto impervious surfaces.32

Homeowners shall not alter roof orstructure drainage in any manner thatchannels runoff onto impervious surfaces33 and shall comply with thelocal government, FDEP, and WaterManagement District requirements forstormwater management includingproper erosion and sediment control.

3.7.3 Construction and Renovations.During the construction or renovationof a dwelling, the Homeowner or theHomeowner’s builder shall controlerosion and sedimentation during andafter construction, stabilize clearedareas, limit stockpiles, protectstormwater inlets during construc-tion, remove temporary control sys-

tems after construction, and limit theplacement of gutters and drains.34

The Homeowner’s builder shall com-ply with the local government, FDEP,and Water Management Districtrequirements for erosion and sedi-ment control.35 The Association shallnot prohibit the following structuresand activities including, but not limit-ed to, cisterns, rain barrels, rain gar-dens, washing cars on lawns andother pervious surfaces, and the useof low-impact development (LID)designs including, but not limited to,curb cuts and swales. Where possi-ble, all construction and renovationshall use LID designs and practicesthat reduce stormwater runoff. LIDdesigns and practices that reducestormwater runoff includes, but is notlimited to, designs and practices cre-ating curb cuts that direct the flow ofrunoff to depressional areas anddesigns and practices adding depres-sional areas such as rain gardens andswales, including pervious surfaces.

3.7.4 Stormwater Management Areas. Anystormwater systems managed by theAssociation shall follow all regula-tions or recommendations stipulatedby local government, the local WaterManagement District, and any otherapplicable agency.36

3.7.5 General Stormwater PollutionPrevention. The Association shall notprohibit the following structures andactivities including, but not limitedto, cisterns, rain barrels, rain gardens,washing cars on lawns and other per-vious surfaces, and the use of LIDdesigns including, but not limited to,curb cuts and swales. Where possi-ble, the Association and the

32 Gainesville’s current storm water management ordinance states impervious surfaces include but are not limited to driveways, parking lots, patios, decks, walkways, athleticcourts, and other similar surfaces: See Ch. 27, Art. V, §27-237—Definitions.

33 Allowing stormwater to drain onto the adjacent landscape reduces the amount of irrigation that is needed to sustain that landscape.

34 Gainesville’s development code ordinance on design standards lists precautions to control erosion and sedimentation problems: See Ch. 30, Art II, Subdivision II, 9 §30-27.

35 See Gainesville Ordinance Ch. 30, Article VIII.

36 In general, Water Management Districts do not allow homeowner associations to manage or maintain stormwater ponds unless the association applies for, and meets certain permit criteria. Water Management Districts prefer that local government stormwater utilities manage and maintain stormwater systems if the local government body is willing to take on the monitoring and maintenance of the stormwater pond: See F.A.C. Ch 40C-42.027(1)(2)(4). If an Association does take on the monitoring and maintenance of a stormwater system, then the Water Management District dictates guidelines for permit qualification and maintenance: See F.A.C Ch40C-42.027 and .029.Moreover, many Water management Districts set forth recommended language for covenants and restrictions concerning stormwater maintenance. See Appendix “A”“Recommended Language For Declaration of Covenants and Restrictions” available at http://www.sjrwmd.com/programs/regulation/rules/pdfs/oprmaint.pdf.

http://www.sjrwmd.com/programs/regulation/rules/pdfs/oprmaint.pdf


Homeowner shall use low-impactdevelopment (LID) designs and prac-tices that reduce stormwater runoff.The Association and the Homeownersshall not sweep organic debris, suchas leaves or grass, into storm drainsor curbs. LID designs and practicesthat reduce stormwater runoffincludes, but is not limited to,designs and practices creating curbcuts that direct the flow of runoff todepressional areas and designs andpractices adding depressional areassuch as rain gardens and swales,including pervious surfaces.

3.8 Pets and Wildlife [Optional]. This sectionapplies to pets and to human treatment ofall wild animals anywhere within theDevelopment on both private and commonproperty.37

3.8.1 Pets. All pets shall be confined on aleash, held by and under the physicalcontrol of a responsible person at alltimes when they are outside a Propertyin the Development. Pets may notharass wildlife attracted to theDevelopment. Pet owners shall pickup after their pets in the Developmentand appropriately dispose of suchwastes in a trash receptacle. All localpet ordinances shall apply.

3.8.2 Hunting and Trapping. Hunting ortrapping of any animal is prohibited.

3.8.3 Attracting and Taming Wildlife.Homeowners may not tame, acquire,keep, or confine any form of wildlife.Young or injured wild animals foundor acquired cannot be kept or reared,and must be surrendered to a profes-sional rehabilitative care center.Homeowners may attract wildlife byproviding habitat that offers cover,water, and food for wildlife. Subjectto limitations by the Association,Homeowners may provide the follow-ing habitats including native vegeta-tion, bird feeders, nesting boxes, shel-tering boxes, garden ponds, and birdbaths. Artificial shelters and nestingboxes shall be maintained in goodrepair and not placed or distributed so

as to create conflicts by harboringnon-native species or attractingwildlife in such numbers as to be inconflict with humans. Nest boxesshall be constructed so that they canbe cleaned and disinfected at leastannually. Garden ponds and birdbathsshall be maintained in good order toprevent the proliferation of noxiousinsects (such as mosquitoes), toxi-genic blue-green algae, bacterialpathogens, or wildlife that could pres-ent a problem for people if present insuch numbers or places where conflictwould occur. Garden ponds and bird-baths shall also be designed child safein order to prevent accidental drown-ing by children. For more informa-tion on these topics, Homeowners areencouraged to visit the University ofFlorida’s Wildlife Extension Web siteat http://www.wec.ufl.edu/extension.

3.8.4 Killing or Harming Wildlife. Wildanimals shall not be purposefullyinjured. Under some conditions, aversive conditioning (training ani-mals to avoid a conflict situationthrough the use of unpleasant stimuli)may be used as part of a nuisance con-trol program but never in such a wayas to cause or sustain suffering of theanimal. Wild animals may behumanely killed to relieve their suffer-ing due to critical injury or illness.The recommended means by whichthis should be accomplished iseuthanasia administered according toveterinary medical standards as estab-lished by the American VeterinaryMedical Association (AVMA) in theirmost current guidelines, or otherguidelines that have been sanctionedby The Humane Society of the UnitedStates (HSUS). Situations of extremeemergency in which human safety orthe immediate relief of animal suffer-ing is at issue could warrant excep-tions to this requirement. Control ofcommensal rodents (rats and mice)where federal, state, or local regula-tion and standards rule; where humanhealth and safety concerns are threat-ened; and to limit the growth andspread of a population due to human

37 Wildlife portions of this section have been taken from the Draft Community Covenants for Harmony, FL. HSUS/Wildlife.- © Harmony Institute 2001.

http://www.wec.ufl.edu/extension


causes could also warrant exceptionsto this requirement. Lethal control ofcommensal rodents may be conductedby homeowners or registered pesticideapplicators, but must be done in strictaccordance to Association guidelinesand state laws. The use of glueboardtraps under any circumstances isexpressly prohibited.

3.8.5 Feeding Wildlife. Except as providedby Section 3.8.3 above, feeding wildlifeis prohibited. Homeowners recognizethat wildlife may be placed at risk byfeeding that habituates animals tohumans resulting in diminution of ananimals’ fear or normal caution aroundhumans; by abnormally concentratinganimals; by increasing risk of contactbetween wild animals, humans or pets,and other similar situations. Wildlifemay not be indirectly fed by leavingfood out for companion animals.Feeding must not lead to conflictsbetween animals and humans. TheAssociation may recommend properfoods and feeding schedules. TheAssociation may also suspend all birdfeeding during any period of increasednuisance wildlife activity. Bird feedersshould be limited in type and number.Feeders and human-supplied watersources, including birdbaths, shall bekept clean so that disease is not trans-mitted. Feeders should be protectedfrom raiding by mammals such as raccoons.

3.8.6 Wildlife Conflicts. Resolutions to con-flict between humans and wild animalsshall first be attempted using non-lethal means, except under extremeand immediate circumstances wherehuman safety or the safety of a com-panion animal is imminently threat-ened. Wildlife control, including non-lethal actions, shall not be conductedsimply because a homeowner consid-ers the mere presence of a wild animalto be a “pest” or “nuisance.” Theapproach to wildlife conflict resolutionshall follow a series of steps.

(a) The conflict is identified,

(b) The species causing it is deter-mined and, if possible, the indi-vidual animal is identified,

(c) Methods to resolve the conflictranging from least to most inva-sive and injurious are identified,and

(d) An action plan that ensures theleast injurious and invasive approach suitable is evaluated andundertaken before other measuresare considered.

Preferably, human-wildlife conflictsshould be resolved by changinghuman practices (such as trash man-agement and securing stored food),modifying habitats (changing plant-ings or managing landscapes), and/orstructural modifications (fencing orother methods to exclude animals).Whenever practicable, the cause ofhuman-wildlife conflict shall besought and the conditions or circum-stances that led to the conflict shallbe removed.

3.8.7 Wildlife Management Plan forControlling Wildlife Populations.Circumstances may arise where thecommunity has evaluated a conflictsituation and agreed to the need tointervene in and control a local popu-lation of wild animals (not merely anindividual wild animal or small num-ber of wild animals). Substantial andsignificant need must be demonstratedfor human intervention to be consid-ered, and regulations and guidelinesestablished by the Florida Fish andWildlife Conservation Commissionshall be consulted. Alternatives tocontrol including altering humanpractices (such as waste handling andlandscaping) and methods to excludeor repel animals should be undertakenbefore control measures are consid-ered. Control measures must beundertaken through a wildlife man-agement plan that carefully evaluatesthe best methods for controlling thespecific species of concern and seeksthe most humane long-term solution.Plans that require multiple controlmeasures should also include long-term strategies to prevent the recur-rence of the need for control meas-ures. Control measures may includehumane animal capture and relocationto other natural habitats on the


property or as allowed by state per-mitting authorities, reproductiveintervention (such as immunocontra-ception for mammals or egg addlingfor birds), and other measuresreviewed and agreed to be humane bythe Association.

3.8.8 Nests and Dens. Nests of native ormigratory birds shall not be taken,moved or interfered with in any man-ner as stipulated under applicablestate and federal law. No wild animalden or nest of unprotected birdspecies may be disturbed, moved, oraltered except as part of a plannedconflict abatement program(described under Wildlife Conflict orControlling Wildlife Populations), orunder compelling circumstances ofhuman health, safety, or securityneeds. Young shall not be taken ormoved from dens or nests but allowedto mature until they naturally dis-perse, except where the conditionslisted above merit more urgentresponse. In these circumstances, thefamily integrity should be maintainedby methods to prevent orphaning.

3.9 Wildfire Prevention [Optional].38

3.9.1 Wildfire Prevention Committee. TheEnvironmental Landscape ReviewCommittee shall either act as aWildfire Prevention Committee orshall appoint a separate Committee tocarry out the wildfire preventionduties set forth in this Section.

3.9.2 General Duties of the WildfirePrevention Committee.

(a) Application to Become a FireWiseCommunity.39 Upon initialappointment by the Association,the Wildfire PreventionCommittee shall contact a Fire-

Wise representative and apply tobecome a FireWise Community.If recognized, the Committeeshall renew their status annually.If not recognized, the Committeeshall address the recognizedproblems and shall submit a newapplication annually.

(b) Wildfire Hazard Assessment ofthe Community. The WildfirePrevention Committee shallemploy a wildland/urban inter-face specialist, or a comparativeprofessional, to complete a wild-fire hazard assessment and usethe assessment to create aWildfire Hazard Plan that identi-fies locally agreed-upon solutionsthat the community can imple-ment.

(c) List of Recommended Trees andShrubs. The Wildfire PreventionCommittee shall maintain a listof recommended plants resistantto wildfires. Homeowners arestrongly encouraged to selectplants from this list wheninstalling new flora within 30 feetof a structure.40

(d) Public Workshops. The WildfirePrevention Committee shall holda public workshop at least once ayear to educate Homeownersabout wildfires and preventativemaintenance.

(e) Educational Information. TheAssociation shall provide wildfireprevention information to newand future Homeowners.

3.9.3 Fire-Wise Landscaping.

(a) Landscaping by the Developer.The Developer shall install

38 This Article is not necessary for communities in areas of Florida that are not prone to wildfires. The Division of Forestry (FDOF) maps areas prone to wildfires, seehttp://www.fl-dof.com/wildfire/wf_fras.html.

39 Administered by the FDOF, Firewise Communities/USA is program in which communities help prevent losses due to wildland/urban interface fire though communityeducation and preventative practices. To become a FireWise Community, a community or neighborhood must submit an application, available athttp://www.firewise.org/usa/.

40 A plant list is available from IFAS at hort.ufl.edu/fyn/list.pdf. or at http://www.firewise.org/usa/

http://www.firewise.org/usa/

hort.ufl.edu/fyn/list.pdf

http://www.firewise.org/usa/

http://www.fl-dof.com/wildfire/wf_fras.html


landscaping that mitigates the chance of wildfires and shall avoid the use of fire-proneflora.

(b) Replacement Landscaping.Any Homeowner replacing landscaping or installing newlandscaping on private propertyshall consider the wildfire impli-cations. Any new or replace-ment landscaping done inCommon Areas and ManagedAreas should be in accordancewith the Wildfire Hazard Planmaintained by the WildfirePrevention Committee.

3.9.4 Prescribed Burning. Before any pre-scribed burning, the Homeownershall notify the Wildfire PreventionCommittee and the Homeowner’sneighbors. The Homeowner shallcomply with federal, state, and localregulations, including obtaining apermit from the Florida Division ofForestry.

3.9.5 Preventative Maintenance byHomeowners. In addition to otherpreventive measures, Homeowners are encouraged to:

(a) Keep trees and shrubs properlypruned,

(b) Remove leaf clutter and deadbranches if not used for mulching

(c) Dispose or compost cuttings anddebris properly and promptly,according to Association andgovernment restrictions,

(d) Store firewood away 30 feet awayfrom the house,

(e) Maintain the irrigation system,

(f) Store and use flammable materi-als in a proper manner, and

(g) Keep gutters clean of debrisbuild-up.

4. ASSESSMENTS

4.1 Florida-Friendly Landscaping Capital Fund.The Declarant shall establish aFlorida-Friendly Landscaping capital fundfor the initial operation of the Committee by collecting a ______% of _______or $ _______ assessment from each Unit/Lotpurchaser at the time of conveyance.Amounts paid into such fund shall not be refundable nor considered as advancepayment of regular, special or individualassessments.

4.2 Resale Florida-Friendly Landscaping CapitalContribution. Subsequent to the initial saleof a Unit/Lot, upon the conveyance of aUnit/Lot from one person to another, thepurchaser of the Unit/Lot shall pay to theAssociation a "Resale Florida-FriendlyLandscaping Capital Contribution." Thissum shall be used and applied as a workingcapital fund, and shall not be refundable orapplied as a credit against the Unit Owner'spayment of Assessments. The Board shallset the amount of the Resale Florida-Friendly Landscaping Capital Contributionfrom time to time, but the amount of theResale Florida-Friendly Landscaping CapitalContribution shall be consistent for theUnits/Lots in the Development.

5. AMENDMENT PROCEDURES.

The Association may amend the Florida-Friendly Landscaping Declaration at any timeprovided that changes are duly announced andposted _____ days in advance of the meeting,and two-thirds (2/3) of the Homeowners pres-ent at a duly-called meeting vote in favor of theproposed amendment. [Any amendment affect-ing the Stormwater Management System musthave the prior approval of the __________Water Management District or any applicablegovernmental entity.]

6. FINES FOR VIOLATION OF THE FLORIDA-FRIENDLY LANDSCAPING DECLARATION.

In the event of a violation of any covenant inthis Declaration, the Declarant or Associationmay suspend the rights of the Homeowner touse Common Areas for a reasonable time. Upongiving a seven (7) day notice to the Homeowner,the Declarant or Association may also levy a rea-


sonable fine, not to exceed $100 per day per vio-lation (not to exceed $1000 in the aggregate),against the Homeowner.

7. RIGHT OF ENTRY.

The Declarant or Association shall have theright to enter any portion of the Property,including the Homeowner’s private property, for

the purposes of determining whether any maintenance is necessary or to ascertainHomeowner’s compliance with this Declaration,so long as the entry is made at reasonable timesand the Homeowner is given seven (7) daysnotice. In case of emergency, the Associationshall have the right of entry for performing anymaintenance or repair so long as a reasonablenotice is given.

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FLORIDA FRIENDLY LANDSCAPE GUIDANCE MODELS for Ordinances, Covenants, and Restrictions

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