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HomeMy WebLinkAbout2017 07 10 Public Hearings 401 Ordinance 2017-08, First Reading, Proper Use of FertilizersCOMMISSION AGENDA ITEM 401 Informational Consent Public Hearings X Regular July 10, 2017 KS BF Regular Meeting City Manager Department REQUEST: The Community Development Department requesting the City Commission consider First Reading of Ordinance 2017 -08 regulating the use of fertilizers in the City. SYNOPSIS: The adoption of a fertilizer ordinance is a requirement of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. Ordinance 2017 -08 matches the fertilizer ordinance recently passed by Seminole County. CONSIDERATIONS: BACKGROUND: Stormwater runoff contains nutrients that are a major source of pollution flowing into our natural water bodies. Nitrogen and phosphorous are the two nutrients that are most problematic in water bodies and are responsible for contributing to algae blooms and fish kills. The Florida Department of Environmental Protection (FDEP) has determined that lawn fertilizers containing nitrogen and phosphorous can create risks to water bodies when used improperly. FDEP has classified specific water bodies in Seminole County as "impaired" as a result of the presence of excess nutrients. For the City of Winter Springs, Lake Jesup is classified as impaired for having excessive levels of nitrogen and phosphorous. The City of Winter Springs is entirely within the Lake Jesup drainage basin. Public Hearings 401 PAGE 1 OF 3 - July 10, 2017 The City's National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit, issued by FDEP, mandates the adoption of a fertilizer ordinance that includes all of the requirements set forth in FDEP's Model Ordinance for Florida - Friendly Fertilizer Use on Urban Landscapes. Cities and counties have the option of enacting additional fertilizer regulations above the minimum specified in the Model Ordinance. . FDEP has extended the time for the cities in Seminole County, including the City of Winter Springs, to adopt a fertilizer ordinance, with the understanding that all cities will adopt the ordinance as soon as practical. Seminole County adopted a fertilizer ordinance in February 2017. The County's fertilizer ordinance followed the minimum requirements listed the FDEP Model Ordinance, plus it included additional regulations in certain areas. CITY OF WINTER SPRINGS FERTILIZER ORDINANCE: Ordinance 2017 -08 (Exhibit A) amends Chapter 19 of the City Code and establishes regulations for the proper use of fertilizers in the City. Ordinance 2017 -08 is substantively identical to the Seminole County fertilizer ordinance adopted by the Board of County Commissioners earlier this year. Exhibit B identifies the areas where Ordinance 2017 -08 (and the Seminole County fertilizer ordinance) is stricter and /or clearer than the FDEP Model Ordinance. The purpose of the changes from the Model Ordinance are to improve the effectiveness and clarity of the Fertilizer Ordinance. . Highlights of Ordinance 2017 -08: o Fertilizer containing nitrogen or phosphorus may not be applied to turf or landscape plants from June 1 through September 30 of each year. o Fertilizer may not be applied within fifteen (15) feet of any pond, stream, watercourse, lake, canal, or wetland. o Fertilizers applied to turf must be applied in accordance with requirements and directions provided by Rule 5E- 1.003, Florida Administrative Code, "Fertilizer Label Requirements for Urban Turf, Sports Turf or Lawns" (2016), as this regulation may be amended from time to time. o Fertilizers containing nitrogen applied to turf or landscaping plants must contain no less than fifty percent (50 %) Slow Release Nitrogen per Guaranteed Analysis Label. If the necessary product is available on the local commercial market on March 1, 2020, then this requirement will increase to no less than sixty -five percent (65 %) Slow Release Nitrogen effective on this date. o Fertilizer must not be applied, spilled, or otherwise deposited on any impervious surfaces. o In no case may grass clippings, vegetative material, vegetative debris, or any combination of them be washed, swept, or blown off into stormwater drains, Public Hearings 401 PAGE 2 OF 3 - July 10, 2017 ditches, conveyances, water bodies, wetlands, or sidewalks, or roadways. Any material that is accidentally so deposited must be immediately removed to the maximum extent practicable. o Golf courses, athletic fields and turf managed for active recreation, whose owners implement Best Management Practices as described in Rule 5E- 1.003(2) (d), Florida Administrative Code, "Fertilizers Labeled for Sports Turf at Golf Courses, Parks and Athletic Fields" (2016), as this regulation may be amended from time to time, are exempt. The adoption of Ordinance 2017 -08 satisfies the City's NPDES permit requirement to have a fertilizer ordinance in place. In addition, the adoption of a Fertilizer Ordinance provides Total Maximum Daily Load (TMDL) Credit for the City, which helps to offset the amount of credits needed using more expensive stormwater treatment methods. FISCAL IMPACT: Ordinance 2017 -08 has no direct fiscal impact on the City. Homeowners and commercial fertilizer applicators may find the proposed fertilizer regulations to increase the cost of lawn maintenance. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve First Reading of Ordinance 2017 -08. ATTACHMENTS: 1. Exhibit A - Ordinance 2017 -08 (11 pages) 2. Exhibit B - Comparison of Ordinance 2017 -08 to Model Ordinance (2 pages) Public Hearings 401 PAGE 3 OF 3 - July 10, 2017 EXHIBIT A ORDINANCE NO. 2017-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING CHAPTER 19 OF THE WINTER SPRINGS CITY CODE AND CREATING A NEW ARTICLE IX THEREOF, "PROPER USE OF FERTILIZERS "; REGULATING THE PROPER USE OF FERTILIZERS BY ANY APPLICATOR; PROVIDING FOR APPLICABILITY WITHIN WINTER SPRINGS; ESTABLISHING A PROHIBITED APPLICATION PERIOD; SPECIFYING ALLOWABLE FERTILIZER APPLICATION RATES AND METHODS, FERTILIZER -FREE ZONES, LOW MAINTENANCE ZONES, AND EXEMPTIONS; REQUIRING THE USE OF BEST MANAGEMENT PRACTICES WHICH PROVIDE SPECIFIC MANAGEMENT GUIDELINES TO MINIMIZE NEGATIVE SECONDARY AND CUMULATIVE ENVIRONMENTAL EFFECTS ASSOCIATED WITH THE MISUSE OF FERTILIZERS WHICH HAVE BEEN OBSERVED IN AND ON WINTER SPRINGS' NATURAL AND CONSTRUCTED STORMWATER CONVEYANCES, RIVERS, CREEKS, CANALS, SPRINGS, LAKES AND OTHER WATERBODIES; REQUIRING PROPER TRAINING OF COMMERCIAL AND INSTITUTIONAL FERTILIZER APPLICATORS; ESTABLISHING TRAINING AND LICENSING REQUIREMENTS; PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING CHAPTER 2 OF THE WINTER SPRINGS CITY CODE TO PROVIDE FOR PENALTIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, pursuant to 33 U.S.C. § 1313(d) (2016) of the Federal Clean Water Act and the resulting Florida Impaired Waters Rule, Chapter 62 -303, Florida Administrative Code (2016), 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 City of Winter Springs Ordinance No. 2017 -08 Page 1 of 11 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 Florida Department of Environmental Protection's Model Ordinance for Florida - Friendly Fertilizer Use on Urban Landscapes pursuant to Section 403.9337, Florida Statutes (2016), by December 31, 2013 (the "Model Ordinance "); and WHEREAS, in Seminole County, the County and the seven incorporated cities including the City of Winter Springs are listed as co- permittees under the above NPDES permit, and the City coordinates closely with Seminole County and the other cities regarding the implementation of the NPDES permit; and WHEREAS, the Florida Department of Environmental Protection has informally extended the time for the City of Winter Springs to adopt the subject ordinance with the understanding that the City would adopt the ordinance as soon as practical; and WHEREAS, it is the intent of the City Commission to adopt this Ordinance consistent with the terms of the Model Ordinance, and the principal purposes of the instant Ordinance are to receive credits and otherwise comply with all applicable Total Maximum Daily Loads (TMDLs) and Basin Management Action Plans (BMAPs); and WHEREAS, the instant Ordinance is also consistent with Ordinance 2017 -6 adopted by Seminole County on February 28, 2017; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, Chapter 19, is hereby amended as follows (underlined type indicates additions and stf:ikeo type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): Chapter 19 — UTILITIES City of Winter Springs Ordinance No. 2017 -08 Page 2 of 11 ARTICLE IX. — PROPER USE OF FERTILIZERS See. 19 -310. — FindinUs. As a result of impairment to surface waters caused by excessive nutrients, and as a result of increasing levels of nitrogen in the surface and .ground water within the aquifers and springs, the Winter Springs City Commission hereby determines that the use of Fertilizers creates a risk of contributing to adverse effects on surface and .ground water. Accordingly, the City Commission hereby finds that management measures contained in the most recent edition of the Florida - Friendly Best Management Practices for Protection of Water Resources by the Green Industries are required. See. 19 -311. — Purpose and Intent. This Article IX: (a) regulates the proper use of Fertilizers by any Applicator; (b) requires proper training of commercial and Institutional Fertilizer Applicators; (c) establishes training and licensing requirements; (d) establishes a Prohibited Application Period; and (e) specifies allowable Fertilizer Application rates and methods, Fertilizer free zones, Low Maintenance Zones, and exemptions. This Article IX requires the use of Best Management Practices, which provide specific management ,guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of Fertilizers. These secondary and cumulative effects have been observed in and on natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural, and economic well -being of city residents and the health of the public in general. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both nitrogen and phosphorus contained in Fertilizer, will help improve and maintain water and habitat quality. See. 19 -312. — Definitions. For the purposes of this Article IX, the following terms have the meanings set forth in this Section. Words not defined in this Article IX have the meaning as provided in other Sections of this Code, and otherwise have the meaning provided by common and ordinary use: Application or ARply. The actual physical deposit of Fertilizer to Turf, Landscape Plants, or both. Applicator. Any Person who Applies Fertilizer on Turf, Landscape Plants, or both. improved Best Management Practices Training gram. A training program approved pursuant to Section 403.9338, Florida Statutes (2016), as this statute may be amended from time to time, City of Winter Springs Ordinance No. 2017 -08 Page 3 of 11 or any more stringent requirements set forth in this article that includes the most current version of the Florida Department of Environmental Protection's Florida - Friendly Best Many e Practices for Protection of Water Resources by the Green Industries, as this document may be amended from time to time. Best Management Practices. 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 water quality, conserving water supplies and protecting natural resources. Code Enforcement Officer, Official or Inspector. Any designated employee or agent who has the duty to enforce codes and ordinances. Commercial Fertilizer Applicator. 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), Florida Statutes (2016), as this statute may be amended from time to time. Fertilize. The act of Applying Fertilizer to Turf, specialized Turf, or Landscape Plants. Fertilizer. 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. Guaranteed Analysis. The percentage of plant nutrients or measures of neutralizing capability claimed to be present in a Fertilizer. Institutional Fertilizer Applicator. 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. Landscape Plant. Any native or exotic tree, shrub, or groundcover (excluding Turf). Low Maintenance Zone. An area a minimum often (10) feet wide adjacent to watercourses that is planted and managed in order to minimize the need for Fertilization, watering, mowing, and related activities. Person. Any natural Person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, or any other group of people acting as an organized City of Winter Springs Ordinance No. 2017 -08 Page 4 of 11 entity. Prohibited Application Period. 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 effect for any portion of the City of Winter Springs, issued by the National Weather Service, or if heavy rain, as defined by the World Meteorological Organization as rainfall ,greater than or equal to two (2) inches in a twenty -four (24) hour period, is likely_ Reclaimed Water. 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, such as nitrogen and phosphorus found in recycled water. These constituents are beneficial for plant ,growth, and will serve as an additional "Fertilizing" source. Saturated Soil. A soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this Article IX, soils are considered saturated if standing water is present or the pressure of a Person standing on the soil causes the release of free water. Slow Release, Controlled Release, Timed Release, Slowlv Available, or Water Insoluble Nitrogen. 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. Turf, Sod, or Lawn. A piece of grass- covered soil held together by the roots of the grass. Sec. 19 -313. — Applicability. This Article IX applies to and regulates any and all Applicators of Fertilizer and areas of Application of Fertilizer within the jurisdictional limits of the City of Winter Springs, unless such Applicator is specifically exempted by the terms of this Article IX. This Article IX operates prospectively only, and does not impair any existing contracts. Sec. 19 -314. — Timing of Fertilizer Application. (a) No Applicator may Apply Fertilizers containing nitrogen, phosphorus, or both to Turf, Landscape Plants, or both during the Prohibited Application Period, or to Saturated Soils. (b) Fertilizer containing nitrogen or phosphorus may not be Applied before seeding or sodding a site, and may not be Applied for the first thirty (30) days after seeding or sodding except when hydro - seeding for temporary or permanent erosion control in an emergency situation, or in accordance with an adopted stormwater pollution prevention plan for that site. (c) Fertilizer containing nitrogen or phosphorus may not be Applied to Turf or Landscape Plants from June 1 through September 30 of each ,year. City of Winter Springs Ordinance No. 2017 -08 Page 5 of 11 Sec. 19 -315. — Fertilizer Free Zones. Fertilizer may not be Applied within fifteen (15) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection Rule 62- 340, Florida Administrative Code (2016), as this regulation may be amended from time to time, or from the top of a seawall. Newly planted Turf, Landscape Plants, or both may be Fertilized in this zone only for a sixty (60) day period beginning thirty (30) days after planting if needed to allow the plants to become well established. Caution must be used to prevent direct deposition of nutrients into the water. Sec. 19 -316. — Low Maintenance Zones. A voluntary ten (10) foot Low Maintenance Zone is strongly recommended, but not mandated, from any pond, 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 this zone or deposited in the water. Care must be taken to prevent the over -spray of aquatic weed products in this zone. Sec. 19 -317. — Fertilizer Content and Application Rates. (a) Fertilizers Applied to Turf must be Applied in accordance with requirements and directions provided by Rule 5E- 1.003, Florida Administrative Code, "Fertilizer Label Requirements for Urban Turf, Sports Turf or Lawns" (2016), as this regulation may be amended from time to time. (b) Nitrogen or phosphorus Fertilizer may not be Applied to Turf or Landscape Plants except as provided in subsection (a) for Turf, or in the University of Florida/IFAS recommendations for Landscape Plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. Soil and tissue tests for phosphorus are normally done by UFAFAS or another accredited laboratory. (c) No Fertilizer containing phosphorus may be Applied to Turf, Sod, Lawns, or Landscape Plants unless a soil or plant tissue deficiency is verified by a testing methodology approved by the University of Florida, Institute of Food and Agricultural Sciences. If a deficiency is verified, the Application of Fertilizer containing phosphorus must adhere to the rates and directions for the appropriate Region of Florida, as adopted by Florida Administrative Code Rule. This subsection (c) controls over any inconsistent provisions in subsections (a) and (b) above regarding phosphorus. (d) Fertilizers containing nitrogen Applied to Turf or landscaping plants within the City of Winter Springs must contain no less than fifty percent (50 %) Slow Release Nitrogen per Guaranteed Analysis Label. If the necessary product is available on the local commercial market on March 1, 2020, then this requirement will increase to no less than sixty -five percent (65 %) Slow City of Winter Springs Ordinance No. 2017 -08 Page 6 of 11 Release Nitrogen effective on this date. This subsection (d) controls over any inconsistent provisions in subsections (a) and (b) above regarding nitrogen. (e) The above referenced Application rates must be reduced appropriately on properties where reclaimed wastewater is used for irrigation based on available nutrients in the Reclaimed Water as reported by the provider of the Reclaimed Water. Sec. 19 -318. — Application Practices. (a) Spreader deflector shields are required when Fertilizing by rotary or broadcast spreaders. Deflectors must be positioned such that Fertilizer granules are deflected away from all impervious surfaces, Fertilizer free zones, and water bodies, including wetlands. (b) Fertilizer must not be Applied, spilled, or otherwise deposited on any impervious surfaces. (c) Any Fertilizer Applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface must be immediately and completely removed to the greatest extent practicable. (d) Fertilizer released on an impervious surface must be immediately contained and either legally Applied to Turf or any other legal site, or returned to the original or other appropriate container. (e) In no case may Fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Sec. 19 -319. — Manauement of Grass Clippinus and Vegetative Matter. In no case may grass clippings, vegetative material, vegetative debris, or any combination of them be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks, or roadways. Any material that is accidentally so deposited must be immediately removed to the maximum extent practicable. Sec. 19 -320. — Exemptions. This Article IX does not apply to: (a) Bona fide farm operations as defined in Section 823.14, Florida Statutes (2016), "Florida Right to Farm Act ", as this statute may be amended from time to time. (b) Other properties not subject to or covered under subsection (a) above that have pastures used for rg azing livestock. City of Winter Springs Ordinance No. 2017 -08 Page 7 of 11 (c) 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. (d) Golf courses, athletic fields and Turf managed for active recreation, whose owners implement Best Management Practices as described in Rule 5E- 1.003(2)(d), Florida Administrative Code, "Fertilizers Labeled for Sports Turf at Golf Courses, Parks and Athletic Fields" (2016), as this regulation may be amended from time to time. (e) Any fruit or vegetable gardens, provided they are not within fifteen (15) feet of any waterbody or wetland. Sec. 19 -321. — Training. (a) All commercial and Institutional Fertilizer Applicators shall abide by and successfully complete the six -hour training program in the Florida - Friendly Best Management Practices for Protection of Water Resources by the Green Industries offered by the Florida Department of Environmental Protection through the University of Florida/IFAS Florida - Friendly Landscapes program, or an approved equivalent. (b) Private, non - commercial Applicators are encouraged to follow the recommendations of the University of Florida/IFAS Florida Friendly Landscapes program when Applying Fertilizers. Sec. 19 -322. — Licensing of Commercial Fertilizer Applicators. (a) By September 30, 2014, all Commercial Fertilizer Applicators were required by state law to 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 Florida/IFAS 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 category of occupation which may Apply any Fertilizer to Turf, Landscape Plants, or both. Commercial Fertilizer Applicators with an existing Local Business Tax receipt for any category of occupation which may Apply any Fertilizer to Turf, Landscape Plants, or both shall provide proof of completion of the program within thirty (30) days after completing the program as required by state law prior to September 30, 2014. (b) After September 30, 2014, all Commercial Fertilizer Applicators were required by state law to have and carry in their possession at all times when Applying Fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator pursuant to Rule 5E- 14.117(18), Florida Administrative Code (2016), as this regulation may be amended from time to time. (c) By September 30, 2014, all businesses Applying Fertilizer to Turf, Landscape Plants, or City of Winter Springs Ordinance No. 2017 -08 Page 8 of 11 both (including but not limited to residential Lawns, commercial properties, and multi - family and condominium properties) were required by state law to ensure that at least one employee has a Florida - Friendly Best Management Practices for Protection of Water Resources by the Green Industries training certificate. Business owners for any category of occupation which may Apply any Fertilizer to Turf, Landscape Plants, or both shall provide proof of completion of the program by at least one employee prior to the business owner obtaining a new Local Business Tax Receipt. Business owners for any category of occupation which may Apply any Fertilizer to Turf, Landscape Plants, or both with an existing Local Business Tax Receipt shall provide proof of completion of the program by at least one employee within thirty (30) days after completing the program and prior to September 30, 2014. Sec. 19 -323. — Enforcement, Penalties, and Leual Proceedings. U Any Person found to be in violation of the provisions of this Article IX may be subject to any applicable civil enforcement mechanisms available to the City, including, but not limited to: injunctive relief; referral to the City's Code Enforcement Board or Code Enforcement Magistrate; or issuance of a citation pursuant to Section 2 -69 of this Code. Violations of this Article IX can present a serious threat to public welfare and are potentially irreparable or irreversible. Therefore, pursuant to Section 2 -69.1 of this Code and Section 162.21(3)(b), Florida Statutes (2016), as these provisions may be amended from time to time, a City Code Enforcement Officer may immediately issue a citation to any Person in violation of this Article IX if the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (c) Each incidence of violation under this Article IX constitutes a separate violation and offence and a separate offence will be deemed committed on each day during or on which a violation occurs or continues. In addition to the other remedies provided in this Section, the City is authorized to make application in a court of appropriate jurisdiction for an injunction restraining any person from violating, or continuing to violate any provisions of this Article IX. Further, the City may avail itself of any other legal or equitable remedy available to it in the enforcement of any provision of this Article IX or any provision of any resolution enacted pursuant to this Article IX. (e) The City may elect to take any or all of the above remedies concurrently, and the of one does not preclude the pursuit of another. (f) Any fines or other funds received as a result of enforcement under this Article IX which are not used for specific purposes set forth in this Article IX, as it may be amended from time to time, must be deposited in the General Fund of the City in the penalty, fine and forfeiture account. Section 3. Code Amendment. The City of Winter Springs Code of Ordinances, City of Winter Springs Ordinance No. 2017 -08 Page 9 of 11 Chapter 2, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): Chapter 2 — ADMINISTRATION * ** DIVISION 2. — CODE ENFORCEMENT * ** Subdivision B. — Citations * ** Sec. 2 -69.4. - Schedule of Violations. (a) Violation of the following city codes or ordinances is a civil infraction for which a citation may be issued: Chpt. 19, Article IX Improper Use of Fertilizers Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately City of Winter Springs Ordinance No. 2017 -08 Page 10 of 11 upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter; provided, however, no citations, notices to appear, notices of violation or other enforcement procedures may be instituted until October 1, 2017. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14th day of August, 2017. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO - LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Legal Ad Published: Effective Date: July 10, 2017 August 14, 2017 City of Winter Springs Ordinance No. 2017 -08 Page 11 of 11 EXHIBIT B Proposed Fertilizer Ordinance vs. Model Ordinance Comparison Item Model Ordinance Ordinance 2017 -08 Notes Summer Fertilizer Restrictions No requirement Apply only summer blend fertilizer • Using fertilizers that don't formulations, which contain iron, contain N or P during the wet potassium and other summer season reduces the micronutrients, but no nitrogen amount of leaching and runoff (N) or phosphorus (P) between that reaches our surface June 1 and September 30 waterbodies and springs. • Excess N and P are the cause of algae blooms and other water quality and ecological problems. • Detailed studies identified 15% of N affecting the Wekiva Spring system is attributed to residential fertilizer. • Volusia, Brevard Counties all have the same summer fertilization restrictions. • Summer blend fertilizer formulations are already used by industry professionals and are available in retail settings. Slow - Release Fertilizers No recommendations At least 50% slow release nitrogen • 50% SRN is already readily (SRN) content when adopted and available in retail stores. then increased to a minimum of • Cost of 50% SRN is lower than or 65% SRN after three years of comparable to other adoption. formulations. • The higher the percentage of SRN, the longer it lasts, and needs to be applied less often. • Brevard & Volusia ordinances all require 50% SRN. • The use of 50 to 65% SRN decreases the potential for getting into waterbodies by an estimated 67% to 86 %, respectively. Proposed Fertilizer Ordinance vs. Model Ordinance Comparison Fertilizer -Free Zone No fertilizer within 10 ft from top No fertilizer within 15 ft from top • It provides more buffer to of bank of any surface waterbody, of bank of any surface waterbody, protect waterbodies from direct wetland or seawall or 3 ft with a wetland or seawall. fertilizer impact. deflector shield • This is consistent with Brevard & Volusia ordinances. Ordinance Exemptions • Golf Courses, parks and Same exemptions as model except • This added exemption for fruit athletic fields (must follow for addition of fruit and vegetable and vegetable gardens was specified guidance gardens included to allow for proper manuals) fertilization of fruit trees or • Agriculture, including gardens not covered under the Right to Farm Act sites, Right to Farm Act. pastures used for livestock grazing not under the Right to Farm Act • Lands used for scientific research Reclaimed Water No mention Reduce fertilizer nitrogen (N) • Reclaimed water is widely application rates appropriately variable in its N concentrations. where reclaimed water is used • Depending on the source of reclaimed water and its concentrations of N, fertilization may not be necessary at all. • The County Fertilizer website will provide information on local reclaimed nutrient (N) concentrations, as well as a calculator to help determine how much additional fertilizer, if any, is needed. Enforcement No mention Staff from the Watershed • The goal of the ordinance is to Management Division will conduct provide education. the authorized code enforcement activities for any violations to this ordinance.