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4562 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 1 11--, -1 C 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 2 1 P 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: 11,16PIPITTIF IIIIIIIIIIIIIII E 1111,11 ilill!ll'll!llll!lll!11!111111!11 PRI! INIII! III! ft- I I I III I 1111 � I !!! 1 1111111 1 � I � I 111 =1111RIVIRIP1111111 III 27-MMIT �571 T �, M (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 3 a e T��Ii III !I !I IMIFIF !I I!II!I 11!! 101 1 11121 117-1 vi� � I i I I I I I; I I I i I ;I I WE i I ilill lilgil III I III I V 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, il lli�l g lap! 1'!! 1 ill Il 111 ill I I iii I Zi 1!1 , �� , I I! IIIII!, I I III!!! I! Ille I FINE I! 6311 iii ill I ;1I Will 11111 ill 11111111 111 111111 W154HIN.Rum I ,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 31ti: ��� (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 41'1j 'a 'o c 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. 5 111 a ) ! Z71 (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, 6 11) a (:,, e 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 M16jer- " V i*lllrl:lll;llll:�Illillolll:llg 1 Mim III iiiiiiiiii ITIMITIllill! I 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 From Qtream, watercourse, lake, canal, or wetland as defined by the Rule 62-340, Florida IMMEM, ME= ! I Iiiiiii Pill I ill Will Ili MORE I a I I 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 M (a). Fertilizers applied to turf must be applied in accordance with requirements arlm arlli�gl III I I III III Jill III willllljll�� 11 I!JI;1I 11 1 iandscape plants except as provided in subsection (a) for turf, or in the University of „f filliIl111!1,1!!Illll PRIM MM 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 TI -M. Tia re ff g-Mror, I M USTV TI --T, � =0 I i I ;' 0 li: J� llrie ir pirrigir 1 1 :':�' i I 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 IIIIN 11151111111 RON! Iiiiiii iiiiIillillillIi!lil OMI III I I I III III I romu rair-M-1 WTI'l , 11— DIKITIMIMA, requirement will increase to no less than 65% slow release nitrogen effective on March 1, HE= where reclai reclaimed water used as reported by the provider of the reclaimed water. It is prohibited and unlawful to otherwise apply fertilizers. IIIIII 1111;113110�311 I namffm���� 171111111:11 WIMIMIN =1 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 I I Pill IIIIIIII IIIIIIIIIIIIIIII 911 lill;;IililiIilillIIllIIiiiii 13111 � 11 1 111 111 N I 3! GWIII owl TI 0 I III! lrx�;�Illlpp Ill WrWron- $15i M-ITOBIRWome IMIM M-OF-TITORMI F.=EF-"UGY* 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 10 1 P 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 I I I P a g e It t.II Ig I I I I I I I IIII I I I I I I � I I I I I I I I I I I �i I III I I III 111111ilippipill :111, 111 NOR 151 ii 111 11% 1 1 on (b). This Ordinance shall be construed, interpreted and enforce in a manner that I • MMHHLqjM mi BE= 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 121 P 1 1!T t, 0 dC, (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 IIIIIIIIIIIIIJIgIII IIIIIIIpIIIIIIIIIIIIII 11111111111111111 111111111 11111 11 1111 111till 11 1111111111111P ;11111 IIJgp�1;Rfffr*JrX4= 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 13 a e 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: r Traci Houchin, MMC, FCRM City Clerk Approved as to form and leg Att rney 6M A -C, I A City Commission of the Florida. I/ of Sanford, 151a'aioe flY CITY OF I �V lauwiaL�1,J SkNFORD WS_ RMx FLORIDA Item No. µ° 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.