HomeMy WebLinkAboutOrdinance 2017-08 Amending Ch. 19 - Proper Use of FertilizersORDINANCE 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
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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, 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 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 str-ikeeut 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
* **
ARTICLE IX. — PROPER USE OF FERTILIZERS
Sec. 19 -310. — Findings.
As a result of impairment to the Cit4 of Winter Sprincs' surface waters caused by excessive
nutrients. or. as a result of increasing levels of nitrogen in the surface and ground water within the
City of Winter Springs
Ordinance No. 2017 -08
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aquifers and springs within the boundaries of the City of Winter Springs. the Winter Springs City
Commission hereby determines that the use of Fertilizers on lands within the Citv of Winter
Springs creates a risk of contributing to adverse effects on surface and ground water. Accordingly.
the Citv Commission hereby finds that management measures contained in the most recent edition
of the Florida- Friendli, Best Mana <ggment Practices for Protection of Water Resources be the
Green Industries are required.
Sec. 19 -311. — Purpose and Intent.
This Article IX: (a) regulates the proper use of Fertilizers by anv Applicator; (b) re(iuires
proper training of commercial and Institutional Fertilizer Applicators: (c) establishes training and
licensing requirements: i 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 seconds i-I and cumulative effects have been
observed in and on natural and constructed stormwater conveyances, rivers, creeks, canals. springs.
lakes, and other water bodies. Collectivelv, 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. Overm-owth of algae and vegetation hinder the effectiveness of flood
attenuation provided b v 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.
Sec. 19 -312. — Definitions.
For the purposes of this Article IX. the following terms have the meanings set forth in this
Section unless the context clearl\ indicates otherwise.
Administrator means the CAN Mana ±.;er, or an administrative official of the Citv of Winter Springs
designated by the City Manager to administer and enforce the provisions of this Article.
Application orAliph means the actual physical deposit of Fertilizer to Turf or Landscape Plants.
Applicator means any Person who Applies Fertilizer on Turf and /or Landscape Plants in the City
of Winter Springs.
Al,oroved Best Management Practices Trainim� Program means a training pro �r�, am approved per
section 403.9338. F.S.. or anv more stringent requirements set forth in this Article that includes
the most current version of the Florida Department of Environmental Protection's "Florida -
Friendhv Best Management Practices for Protection of Water Resources bi - the Green Industries,
2008." as revised, and approved by the Administrator.
City of Winter Springs
Ordinance No. 2017 -08
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Best Management Practices means turf and landscape practices or a combination of practices
based on research. field- testinu. and expert review. determined to be the most effective and
practicable on- location means, including economic and technological considerations. for
improvinu water (luali.ty. conserving water supplies and protecting natural resources.
Code Enforcement OLlicer. 011icial or Inspector means any designated employee or agent who has
the duty to enforce codes and ordinances enacted bti the Citv of Winter Springs.
Commercial Fertilizer Applicator, except as provided in Section 482.1562(9). Florida Statutes,
means any Person who Applies Fertilizer for payment or other consideration to property not owned
by the Person or firm Applving the Fertilizer or the employer of the Applicator.
Fertilize, Fertilizimz or Fertilization means the act of Applying Fertilizer to Turf, specialized Turf,
or Landscape Plants.
Fertilizer. Anv substance or mixture of substances that contains one or more recognized plant
nutrients and promotes plant growth, or controls soil acidity or alkalinitti, or provides other soil
enrichment, or provides other corrective measures to the soil.
Guaranteed Analisis means the percentage of plant nutrients or measures of neutralizing capability
claimed to be present in a Fertilizer.
Institutional Fertilizer Applicator means anj Person. other than a private. non - commercial or a
Commercial Fertilizer Applicator (unless such definitions also apple under the circumstances),
that Applies Fertilizer for the purpose of maintaining Turf and /or Landscape Plants. Institutional
Fertilizer Airplicators shall include. but are not limited to. owners, managers or emplovees of
public lands, schools, parks. religious institutions. utilities. industrial or business sites and gqy
residential properties maintained in condominium or other form of common ownership
LandscgI)e Plant means any native or exotic tree, shrub. or groundcover (excluding Turf)_
Low Maintenance Zone means an area a minimum of ten (10) feet wide adjacent to water courses
which is planted and managed in order to minimize the need for Fertilization. watering, mowing,
and related activities.
Person means and natural Person, business. conioration. limited liability company, partnership.
limited partnership, association. club. organization. and /or anti other group of people actin; as an
orL�anized entitv.
Prohibited Application Period means the time period during which a Flood Watch or Warning, or
a Tropical Storm Watch or Wamin ,. or a Hurricane Watch or Warning is in effect for anv portion
of the Citv of Winter Springs, issued by the National Weather Service. or if heave rain. as defined
by the World Meteorological Organization as rainfall greater than or eQual to two (2) inches in a
City of Winter Springs
Ordinance No. 2017 -08
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twenty -four (24) hour period, is likely.
Saturated Soil means 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. Slowlt, Available. or Water Insoluble Nitros!en
means nitrogen in a form which delays its availability for plant uptake and use after Application
or which extends its availability to the plant loner than a reference rapid or quick release product.
Turl, Sod. or Lawn means a piece of Lrass- covered soil held together by the roots of the grass.
Urban Landscape means pervious areas on residential. commercial. industrial, institutional,
highway rights -of -wad. or other nonagricultural lands that are planted with turf or horticultural
plants. For the pxn-poses of this section, agriculture has the same meaning as in s. 570.02.
See. 19 -313. — ApplicabilitN .
This Article IX applies to and regulates anv 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. — Timinp, of Fertilizer Application.
No Applicator may At,ply Fertilizers containing nitrogen. phosphorus. or both to Turf
and /or Landscape Plants during the Prohibited Application Period. or to Saturated Soils.
Sec. 19 -315. — Fertilizer Free Zones.
Fertilizer may not be Applied within ten (10) feet of anv pond. stream. watercourse. lake,
canal. or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-
340. Florida Administrative Code) or from the top of a seawall, unless a deflector shield, drop
spreader, or liquid applicator with a visible and sharpy defined edge, is used. in which case a
minimum of 3 feet shall be maintained. If more stringent Winter Sprinzs City Code re,.;ulations
apply, this provision does not relieve the requirements to adhere to more stringent muilations.
Newlv planted Turf and /or Landscape Plants may be Fertilized in this zone only for a sixty (60)
day period beginning thirtv (30) days after planting if needed to allow the plants to become well
established. Caution shall 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 stronLk recommended, but not
City of Winter Springs
Ordinance No. 2017 -08
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mandated. from anv Mond, 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. If more stringent Winter Springs Cit__ Code regulations apply,
this provision does not relieve the requirement to adhere to the more stringent regulations. 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 shall be Applied in accordance with requirements and directions
l rovided by Rule 5E- 1.003. Florida Administrative Code.
(b) Fertilizer containing-, nitrouen shall not be applied before seeding or sodding a site. and
shall not be applied for the first 30 days after seeding or sodding, except when hydro- seeding for
temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance
with the Stormwater Pollution Prevention Plan for that site.
(c) Nitro �,,en 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. ves- etable gardens. and fruit trees and shrubs. unless a soil or tissue deficiency
has been verified by an approved test.
Sec. 19 -318. — Application Practices.
(a) Spreader deflector shields are required when Fertilizinc via rotary (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.
(h) Fertilizer must not be Applied, spilled. or otherwise deposited on anv impervious surfaces.
(c) Anv Fertilizer Applied, spilled, or deposited, either intentionally_ or accidentally. on anv
impervious surface shall 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.
City of Winter Springs
Ordinance No. 2017 -08
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Sec. 19 -319. — Management of Grass Clippings and Vegetative Matter.
In no case may gi-ass cli1)3)in ;s. vegetative material and/or vegetative debris 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 shall be immediately
removed to the maximum extent practicable,
Sec. 19 -320. — Exemptions.
This Article IX does not at)vly to:
(a) Bona fide farm operations as defined in the Florida Rh_-ht to Farm Act. Section 823.14.
Florida Statutes.
(b) Other properties not subject to or covered under subsection (a) above that have pastures
used for ug-azing livestock.
(c) Any- lands used for bona fide scientific research. including. but not limited to. research on
the effects of Fertilizer use on urban stormwater- water quality. agronomics, or horticulture.
Sec. 19 -321. — Trainin;:.
(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 bv the Green Industries" offered by the Florida Department of
Environmental Protection through the University of Florida Extension "Florida - Friendly
Landscayiniz " program. or an approved eyuivalent.
- commercial Amilicators are encouras,ed to follow the recommendations of the
University of Florida/IFAS Florida Yards and Neighborhoods program when Applying Fertilizers.
Sec. 19 -322. — Licensinz of Commercial Fertilizer Applicators.
All commercial applicators or fertilizer within the Cite, shall have and carf-v in their
possession at all times when apillvinp, fertilizer. evidence of certification by the Florida
Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E-
14.117(18) F.A.C.
All businesses applying- fertilizer to turf and/or landscape plants (including, but not limited
to residential lawns. golf courses. commercial properties. and multi - family and condominium
properties) must ensure that at least one employee has a "Florida - Friendly, Best Management
Practices Jor Protection of Water Resources bi, the Green Industries" training certificate prior to
the business owner obtaining a Local Business Tax Certificate. Owners for anv cate, ory of
City of Winter Springs
Ordinance No. 2017 -08
Page 7of10
occupation which may apl+ any fertilizer to Turf and/or Landscape Plants shall provide proof of
completion of the program to the Citv Tax Collector's Office
Sec. 19 -323. — Enforcement, Penalties, and Leval Proeeedin;;s,
(a) And Person found to be in violation of the provisions of this Article IX may be subject to
anv applicable civil enforcement mechanisms available to the Citv. includine. but not limited to:
injunctive relief; referral to the Citv's Code Enforcement Board or Code Enforcement Ma- gistrate:
or issuance of a citation pursuant to Section 2 -69 of this Code.
(b) 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)(1)►. Florida Statutes (2016), as these provisions ma�' be amended from time to
time, a Citv Code Enforcement Officer may immediately issue a citation to anv 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 durinu or on which a
violation occurs or continues.
(d) 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 anv other legal or etluitable remedy available to it in the enforcement of anv 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 pursuit
of one does not preclude the pursuit of another.
(0 Funds generated by penalties imposed under this section shall be used by the City for the
administration and enforcement of section 403.9337. Florida Statutes. and the corresponding
sections of this Article IX. and to further water conservation and nonpoint pollution prevention
activities.
Section 3. Code Amendment. The City of Winter Springs Code of Ordinances,
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
City of Winter Springs
Ordinance No. 2017 -08
Page 8 of 10
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
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.
City of Winter Springs
Ordinance No. 2017 -08
Page 9 of 10
C "kA ES LACEY, mac►
ATTEST: '-
ANDREA i :ORENZO- LUACES
City Clerk
APPRO " i AS TO LEGAL FORM AND SUFFICIENCY
FOR' a TY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: July 10, 2017
Legal Ad Published: August 3, 2017
Effective Date: August 14, 2017
City of Winter Springs
Ordinance No. 2017 -08
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