HomeMy WebLinkAbout4562 Friendly Fertilizer on Urban LandscapesOrdinance No. 2020-4562
An ordinance of the City of Sanford, Florida relating to the proper use of
fertilizers and regulating the proper use of fertilizers by any applicator;
providing for definitions; providing for implementing administrative actions
such as the adoption of rules; providing for a savings provision; providing for
enforcement, penalties and remedies; providing for a savings provision;
providing for conflicts; providing for severability; providing for codification as
well as the correction of scrivener's errors and providing for an effective date.
Whereas, pursuant to Title 33, United States Code, Section 1313(d) (part of the
Federal Clean Water Act) and the resulting Florida Impaired Waters Rule (Chapter 62-303,
Florida Administrative Code, the Florida Department of Environmental Protection ("FDEP") has
classified specific waterbodies in Seminole County as "impaired" as a result of the presence of
excess nutrients; and
Whereas, Article 11, Section 7(a) of the Constitution of the State of Florida provides that:
It shall be the policy of the State to conserve and protect its natural resources and
scenic beauty. Adequate provision shall be made by law for the abatement of air and
water pollution and of excessive and unnecessary noise and for the conservation
and protection of natural resources.
and
Whereas, the Seminole County National Pollutant Discharge (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit No. FLS000038, issued by the Florida
Department of Environmental Protection under authority delegated to it by the United States
Environmental Protection Agency, mandates the adoption of a fertilizer ordinance that
includes all of the requirements set forth in the FDEP's Model Ordinance for Florida -Friendly
Fertilizer Use on Urban Landscapes pursuant to Section 403.9337, Florida Statutes, by
December 31, 2013 (the "Model Ordinance") and the City has similar requirements imposed
upon it as a unit of local government with significant stormwater drainage and environmental
protection obligations and responsibilities; and
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Whereas, the FDEP has informally extended the time for Seminole County to adopt
the subject ordinance with the understanding that Seminole County will adopt the ordinance
as soon as practical; and
Whereas, Seminole County has taken action to comply with all applicable Total
Maximum Daily Loads (TMDLs) and Basin Management Action Plans (BMAPs); and
Whereas, Seminole County has encouraged the City to enact an ordinance similar
to the ordinance enacted by the City; and
Whereas, Orange County revised its fertilizer ordinance to exempt licensed lawn care
professionals and BMP certified homeowners from the June 1 through September 30 blackout
provisions and the City Commission desires to follow that public policy determination; and
Whereas, the City Commission understands and recognizes the importance and
significance of protecting the environment and the natural resources of the State and City; and
Whereas, although the provisions of this Ordinance are not a land development
regulations the provisions of this Ordinance are consistent with the goals, objectives and policies
of the Comprehensive Plan of the City of Sanford and other controlling law; and
Whereas, this Ordinance is an exercise of the City of Sanford's powers as a municipality
under the provisions of Article VIII, Section 2 of the Constitution of the State of Florida; Chapter
163, Florida Statutes; Chapter 166, Florida Statutes, and other applicable and controlling law such
as that referenced herein; and
Whereas, the City Commission has taken all actions in accordance with the
requirements and procedures mandated by State law and complied, in every respect, with the
requirements of law.
Now, Therefore, Be It Enacted By The People Of The City Of Sanford, Florida:
Section 1. Legislative findings and intent. The City Commission of the City of
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Sanford finds and determines as follows:
(a). The City staff report and City Commission agenda memorandum relating to this
matter are hereby adopted as if fully set forth herein.
(b). The foregoing recitals (whereas clauses) are hereby adopted as the legislative
findings of the City Commission and are incorporated into this Ordinance as if set forth in haec
verba.
Section 2. Use of fertilizers. The following provisions are added to the Code of
Ordinances of the City of Sanford:
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(a). This Ordinance:
(2). requires proper training of commercial and Institutional fertilizer
(3). establishes training and licensing requirements;
(4). establishes a prohibited application period; and
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specific management guidelines to minimize negative secondary and cumulative
environmental effects associated with the misuse of fertilizers. These secondary and
conveyances, rivers, creeks, canals, springs, lakes, and other water bodies. Collectively,
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,a). For the purposes of this Ordinance, the following terms have the followiM
(1). Application or Apply. The actual physical deposit of Fertilizer to Turf,
(2). Applicator reams any person who applies fertilizer on turf, landscape
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(3). Approved Best Management Practices Training Program means a training
program approved pursuant to Section 403.9338, Florida Statutes, as this statute
may be amended from time -to -time, or any more stringent requirements set forth
in this Ordinance that includes the most current version of the Florida Department of
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Environmental Protection's Florida -Friendly Best Management Practices for
Protection of Water Resources by the Green Industries, as this document may be
amended from time -to -time,
(4). Best Management Practices means turf and landscape practices or a
combination of practices based on research, field-testing, and expert review,
determined to be the most effective and practicable on -location means, including
economic and technological considerations, for improving wall'ter quality,
cor,,serving water supplies and protecting natural resources.
(5). Code Enforcement Officer, Official or Inspector means any designated
employee or agent who has the duty to enforce codes and ordinances.
(6). Commercial Fettili:Zler Applicator means any Person who applies fertilizer
for payment or other consideration to property not owned by the person or firm
applying the fertilizer or the employer of the applicator, except as provided in
Section 482.'1562(9), FlotIda Statutes, as this statute may be amended from
time -to -time.
(7). Fertilize means the act of applying fertilizer to turf, specialized turf, or
landscape plants.
(8). Fertilizer means any SUbstance or mixture of substances that contains
one or more recognized plant nutrients and promotes plant growth, or controls
soil acidity or alkalinity, or provides other soil enrichment, or provides other
corrective measures to the soil. Fertilizer does not include unmanipulated peat
or compost that make no claims as described in the preceding sentence.
(9). Guaranteed Analysis means the percentage of plant nutrients or
measures of neutralizing capability claimed to be present in a fertilizer.
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(10). Institutional Fertilizer Applicator means any person, other than a private,
non-commercial or a commercial fertilizer applicator (unless such definitions
also apply under the circumstances), that applies fertilizer for the purpose of
maintaining turf, landscape plants, or both, institutional fertilizer applicators
include, but are not limited to, owners, managers or employees of public lands,
schools, parks, religious institutions, utilities, industrial, or business sites and any
residential properties maintained in condominium or other form of common
ownership.
(11). Landscape Plant means any native or exotic tree, shrub, or groundcover
(excluding turf).
(12). Low Maintenance Zone means an area a minimum of 10' wide adjacent
to water courses that is planted and managed in order to minimize the need for
fertilization, watering, mowing, and related activities.
(13). Person means any natural person, business, corporation, limited liability
company, partnership, limited partnership, association, club, organization, or
any other group of people acting as an organized entity.
(14). Prohibited Application Period means the time period during which a flood
watch or warning, or a tropical storm watch or warning, or a hurricane watch or
warning is in effectfor any portion of the City, issued by the National Weather
Service, or if heavy rain, as defined bythe World Meteorological Organization as
rainfall greater than or equal to 2" in a 24 hour period, is likely.
(15). Reclaimed Water means a high quality alternative water source that has
received at least secondary treatment and is reused after being discharged from
a domestic wastewater treatment facility. Moreover, there are some constituents,
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such as nitrogen and phosphorus found in recycled water. These constituents are
beneficial for plant growth, and will serve as an additional fertilizing source.
(16). Saturated Soil means soil in which the voids are filled with water.
Saturation does not require flow. For the purposes of this Ordinance, soils are
considered saturated if standing water is present or the pressure of a person
standing on the soil causes the releaseof free water.
(17). Slow Release, Controlled Release. Timed Release, Slowly Available, or
Water Insoluble Nitrogen means Nitrogen in a form that delays its availability for
plant uptake and use after application or that extends its availability to the plant
longer than a reference rapid or quick release product.
(18). Turf, Sod, or Lawn means a piece of grass -covered soil held together by
the roots of thegrass.
(b). Words not defined in this Ordinance have the meaning as provided in other
Sections of the City Code, and otherwise have the meaning provided by a definition in the
Florida Statutes, the Florida Administrative Code or common and ordinary use:
Applicability. This Ordinance applies to and regulates any and all applicators of fertilizer
and areas of application of fertilizer within the City, unless such applicator is specifically
exempted by the terms of this Ordinance. This Ordinance operates prospectively only and
does not impair any existing contracts
Timing of FertilizerApplication.
(a). It is prohibited and unlawful for an applicator to apply fertilizers containing
nitrogen, phosphorus, or both to turf, landscape plants, or both during the prohibited
application period, or to saturated soils.
(b). It is prohibited and unlawful for fertilizer containing nitrogen or phosphorus to be
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prohibited and unlawful for fertilizer containing nitrogen or phosphorus to bM
of a soil analysis test performed by a laboratory using the University of Florida's Institute of
Food and Agricultural Sciences approved methodology, phosphorous may then be applied at
a rate no greater than 0.25 pound of phosphorous per 1,000 square feet per appiication, not
to exceed .5 pound of phosphorous per 1,000 square feet per each calendar year. Any person
who obtains such a soil analysis test showing a phosphorous deficiency may apply to the City
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Qtream, watercourse, lake, canal, or wetland as defined by the Rule 62-340, Florida
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stream, water course, lake, wetland, or from the top of a seawall. A swale/berm system is
recommended for installation at the landward edge of this low maintenance zone to capture
and filter runoff. No mowed or cut vegetative material may be deposited or left remaining in
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(a). Fertilizers applied to turf must be applied in accordance with requirements arlm
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iandscape plants except as provided in subsection (a) for turf, or in the University of
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vegetabl-e gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been
by University of Florida, Institute of Food and Agricultural Sciences or another accredited
available from the County Extension Service or http- solt-iyioiisfolvoi-ii-lie,iif't.edt-i-iawn and
garden/.
(c). It is prohibited and unlawful to apply f ertilizer containing phosphorus to turf, so I
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the Florida Administrative Code. This subsection controls over any inconsistent provisions in
other subsections above regarding phosphorus.
(d). It is prohibited and unlawful to apply fertilizers containing nitrogen to turf or
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requirement will increase to no less than 65% slow release nitrogen effective on March 1,
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reclaimed water used as reported by the provider of the reclaimed water. It is prohibited
and unlawful to otherwise apply fertilizers.
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deflected away from an impervious surfaces, fertilizer free zones, and water bodies,
including wetlands and it is prohibited and unlawful to otherwise fail to use spreader
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found acceptable by the City based upon sound professional and environmental practices
and principles.
(c). Fertilizer released on an impervious surface shall be immediately contained
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andeither legally applied to turf or any other legal site, or returned to the original or other
appropriate container and it is prohibited and unlawful fail to do so in a manner found
acceptable by the City based upon sound professional and environmental practices and
principles.
(d). It is prohibited and unlawful to wash, sweep, or blow fertilizers off impervious
surfaces into a stormwater drain, ditch, conveyance or water body.
(1). Bona fide farm operations as defined in Section 823.14, Statutes,
"Florida Right to Farm Act", as this statute may be amended from time -to -time.
(2). Other properties not subject to or covered under subsection (a) above that
have pastures used for grazing livestock.
(3). Any lands used for bona fide scientific research including, but not limited
to, research on the effects of fertilizer use on stormwater, water quality,
agronomics, or horticulture.
(4). Golf courses, athletic fields and Turf managed for active recreation,
whose owners implement Best Management Practices as described in Rule
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(b). This Ordinance shall be construed, interpreted and enforce in a manner that I
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complete the 6 -hour training program in the Florida -Friendly Best Management Practices for
Protection of Water Resu,:ur.es by the Green Industries offered by the Florida Department of
Environmental Protection through the University of Florida/Institute of Food and Agricultural
Sciences Florida -Friendly Landscapes program or a City -approved equivalent.
Cb). Private, non-commercial Applicators are encouraged to follow M
recommendations of the University of Florida/ -Institute of Food and Agricultural Sciences
(a), All commercial fertilizer applicators shall, as required by controlling State law,
abide by and successfully complete training and continuing education requirements in the
Florida -Friendly Best Management Practices for Protection of Water Resources by the Green
Industries offered by the Florida Department of Environmental Protection through the
University of Florid ad nstitute of Food and Agricultural Sciences Florida -Friendly Landscapes
program, or an approved equivalent program. Commercial fertilizer applicators shall provide
proof of completion of the program prior to obtaining a new local business tax receipt for any
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(b). Commercial fertilizer applicators shall have and carry in their possession at I
times when applying fertilizer, evidence of certification by the Florida Department Q
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Section 3. Implementing administrative actions; adoption of administrative rules.
The City Manager, or designee, shall have the power and authority, to adopt rules to assist
in the implementation of this Ordinance.
Section 4. Enforcement and penalties.
(a). The provisions of this Ordinance may be enforced by the City utilizing any legal
remedy or code enforcement process available under controlling Florida law. Any continuing
violations of the terms, conditions, regulations, limitations or provisions of this Ordinance may be
enjoined and restrained by an injunctive order of the Circuit Court in appropriate proceedings
instituted for such purposes. The City Attorney is authorized to file such actions with the
concurrence of the City Manager may initiate proceedings for the purposes of obtaining an
injunction, restraining order, or other appropriate civil proceedings to prevent, enjoin, abate, or
remove any violation of this Ordinance.
(b). The penalties for violation of this Ordinance shall be the maximum authorized
penalty under the remedy, process or procedure which the City elects to pursue.
(c). A person violating any of the terms, conditions, regulations, limitations or provisions
of this Ordinance shall be subject to penalty. Each day that any violation of the terms, conditions,
regulations limitations or provisions of this Ordinance shall continue to exist, shall constitute a
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separate and distinct offense. Any continuing violations of the terms, conditions, regulations,
limitations or provisions of this Ordinance may be enjoined and restrained by an injunctive order
of the Circuit Court in appropriate proceedings instituted for such purposes upon a consensus of
the City Manager and City Attorney to proceed with regard to such matter.
(d). In addition to any and all remedies set forth in controlling, the cost of recovery, and
the cost of removal shall become a special assessment on the property upon which is the subject
matter of the action.
Section 5. Savings.
The prior actions of the City of Sanford relating to the regulation of landscaping, as well as
any and all related matters pertaining thereto, to include, but not be limited to, environmental and
natural resource protection, are hereby ratified and affirmed.
Section 6. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance, including, but not limited
to, Ordinance Number 2017-4413, are hereby repealed. Whenever the requirements or provisions
of this Ordinance are in conflict with the requirements or provisions of any other lawfully
adopted ordinance or statute, the most restrictive requirements s h all apply.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined to be
invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the
validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance
not otherwise to be invalid, unlawful, or unconstitutional.
Section 8. Codification; scrivener's errors.
(a). The provisions of this Ordinance shall be codified; provided, however, that the
provisions of Sections 5, 6, 7, 8 and 9 shall not be codified and the sections of this Ordinance
may be renumbered or relettered and that the word "Ordinance" may be changed to "section",
'"article" or some other appropriate word or phrase to accomplish codification and the division and
provisions of this may be renumbered or relettered.
(b). Typographical errors and other matters of a similar nature that do not affectthe intent
of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected without
the need for a public hearing.
Section 9. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 24th day of August, 2020.
Attest:
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Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and leg
Att rney
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A -C, I A
City Commission of the
Florida. I/
of Sanford,
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CITY OF I �V lauwiaL�1,J
SkNFORD
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FLORIDA Item No.
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CITY COMMISSION MEMORANDUM 20.150
AUGUST 24, 2020 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Bilal Iftikhar, Public Works and Utilities Director
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Adoption of Ordinance No. 4562 for Florida -Friendly Fertilizer
Use on Urban Landscapes.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approval of Ordinance No. 4562 for the implementation of Florida -Friendly fertilizer use on urban
landscapes is being requested.
F"ISCALISTAFFING STATEMENT:
There will be no fiscal impacts to the City.
BACKGROUND:
The proposed Ordinance regulates the proper use of fertilizers by any applicator; requires
proper training of commercial and institutional fertilizer applicators; establishes training and
licensing requirements; establishes a prohibited application period; specifies allowable
fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and
exemptions. The Ordinance requires the use of Best Management Practices which provide
specific management guidelines to negative secondary and cumulative environmental effects
associated with the misuse of fertilizers. These secondary and cumulative effects have been
observed in and on Sanford's natural and constructed stormwater conveyances, rivers, creeks,
canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies are
an asset critical to the environmental, recreational, cultural and economic well-
being of Sanford's residents and the health of the public. Overgrowth of algae and
vegetation hinder the effectiveness of flood attenuation provided by natural and constructed
stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen
contained in fertilizer, will help improve and maintain water and habitat quality.
The City Commission approved the first reading of Ordinance No. 4562 on August 10, 2020.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on August
16, 2020.
LEGAL REVIEW:
The Assistant City Attorney has drafted the proposed Ordinance and has no legal objection to the
action proposed.
RECOMMENDATION:
Staff recommends that the City Commission adopt Ordinance No. 4562.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4562."
Attachment: Ordinance No. 4562.