HomeMy WebLinkAboutOrdinance 2022-02 Amending Chapter 19 Fertilizer ORDINANCE NO. 2022-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 19, ARTICLE IX OF
THE WINTER SPRINGS CODE OF ORDINANCES,
REGULATING THE PROPER USE OF FERTILIZERS;
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) 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, 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 (the "Model Ordinance"); and
WHEREAS, via Ordinance 2017-08, on August 14, 2017, the City Commission adopted
a new Article IX, Chapter 19 of the City Code, which adopted the Model Ordinance for Florida-
Friendly Fertilizer Use on Urban Landscapes as required by state law; and
WHEREAS, it is the intent of the City Commission to amend Chapter 19, Article IX to
impose certain more stringent requirements related to the application of fertilizers generally
consistent with the terms of Seminole County Ordinance 2017-6, which has been adopted by all
other cities in Seminole County; 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
City of Winter Springs
Ordinance No. 2022-02
Page 1 of 7
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 stfikeo 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. 19-312. Definitions.
For the purposes of this article IX, the following terms have the meanings set forth in this
section unless the context clearly indicates otherwise.
Administrator means the city manager, or an administrative official of the city designated
by the city manager to administer and enforce the provisions of this article.
Application or apply 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.
Approved best management practices training program means a training program approved
per F.S. § 403.9338, 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 Management Practices for Protection of Water Resources by the Green Industries, 2008," as
revised, and approved by the administrator.
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 water quality, conserving water supplies and protecting natural resources.
Code enforcement officer, official or inspector means any designated employee or agent
who has the duty to enforce codes and ordinances enacted by the city.
City of Winter Springs
Ordinance No. 2022-02
Page 2 of 7
Commercial fertilizer applicator, except as provided in F.S. § 482.1562(9), 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.
Fertilize,fertilizing or fertilization means the act of applying fertilizer to turf, specialized
turf, or landscape plants.
Fertilizer means any substance or mixture of substances that contains one (1) 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 means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer.
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 and/or landscape plants. Institutional
fertilizer applicators shall 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 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 any natural person, business, corporation,limited liability company,
partnership, limited partnership, association, club, organization, and/or any other group of people
acting as an organized entity.
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 effect for
any portion of the city, 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.
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, slowly available, or water insoluble
nitrogen means nitrogen in a form which delays its availability for plant uptake and use after
application or which extends its availability to the plant longer than a reference rapid or quick
release product.
City of Winter Springs
Ordinance No. 2022-02
Page 3 of 7
Turf, sod, or lawn means a piece of grass-covered soil held together by the roots of the
grass.
Urban landscape means pervious areas on residential, commercial, industrial, institutional,
highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural
plants. For the purposes of this section, agriculture has the same meaning as in F.S. § 570.02.
Sec. 19-314. Timing of fertilizer application.
La2No applicator may apply fertilizers containing nitrogen, phosphorus, or both to turf
and/or landscape plants 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) dqys 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.
Sec. 19-315. Fertilizer free zones.
Fertilizer may not be applied within 0)fifteen (15) feet of any pond, stream,
watercourse, lake, canal, or wetland as defined by the state department of environmental
protection (Chapter 62-340,Florida Administrative Code) or from the top of a seawall_, tip
tised, in whieh ease a minitntim Of t4ee (3) feet shall be maintained. if Rt C;4y Gode
Newly planted turf and/or landscape plants 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 shall be used to prevent direct deposition of nutrients into the
water.
Sec. 19-317. Fertilizer content and application rates.
(a) Fertilizers applied to turf shall be applied in accordance with requirements and directions
provided by Rule 5E-1.003, Florida Administrative Code.
(b) Feft4lizef eontaini 1hall not be applied befefe seeding of sodding a site, and shall
not be applied f-A-:-r#�_e 4-rst thifty (30) days aftef seeding of sodding, exeept when hydFE)
City of Winter Springs
Ordinance No. 2022-02
Page 4 of 7
.
(bs) 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 OF/IFAS or another accredited laboratory. IFAS
recommendations are available from the
County Extension Service or http:Hsolutionsforyourlife.ufl.edu/lawn_and garden/.
(c) No fertilizer containing phosphorus may be qpplied to turf, sod, lawns, or landscape plants
unless a soil or plant tissue deficiency is verified by a testing methodologapproved b. 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 Seminole County
must contain no less than sixty. -f�percent 65%) Slow Release Nitrogen per Guaranteed
Analysis Label. This subsection (d) controls over any inconsistent provisions in subsections
(a) and b above regarding nitrogen.
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 b, 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 pply any fertilizer to turf, landscape plants, or both. Commercial
fertilizer applicators with an existing local business tax receipt for any category of
occupation which maygpply any fertilizer to turf, landscape plants, or both shall provide
proof of completion of the program within thiM 30) days after completing the program as
required by state law.
(b) All commercial applicators or fertilizer within the city, shall have and carry in their
possession at all times when applying fertilizer, evidence of certification by the state
City of Winter Springs
Ordinance No. 2022-02
Page 5 of 7
department of agriculture and consumer services as a commercial fertilizer applicator per
5E-14.117(18)F.A.G.
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 (1) employee has a "Florida-Friendly
Best Management Practices for Protection of Water Resources by the Green Industries"
training certificate prior to the business owner obtaining a local business tax certificate.
Owners for any category of occupation which may apply any fertilizer to turf and/or
landscape plants shall provide proof of completion of the program to the city tax collector's
office
Section 3. 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 4. 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 5. 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 6. 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.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the Q1 day of OKI I 12022.
C
KEVIN MC ANN,Mayor
City of Winter Springs
Ordinance No.2022-02
Page 6 of 7
ATTE�T.:
CHRISTIAN GOWAN ��';
City Clerk
APPRO S TO LEGAL FORM AND SUFFICIENCY '�,/ y 1°� •+;� :.
FOR + F WINTER SPRINGS ONLY. �jt+��a9 •,•• r•••...•���b
ANTHONY A. GARGANESE
City Attorney
First Reading:
Legal Ad Published: F�ri 11318�z
Effective Date: AfFj I 2STj
City of Winter Springs
Ordinance No.2022-02
Page 7 of 7