Backup Documents 07/26/2011 Item # 8BCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Nonnal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
mni
VE
r,
•
Originating Dept/ Div: GMD /LDS Person: Mac Hatcher Date: 7/7/2011
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): Collier County Department of Land Development Services
Mac Hatcher, Senior Environmental Specialist
2800 North Horseshoe Drive
Naples, Florida 34104
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above
Hearing before BCC BZA Other
Requested :Hearing date: (Based on advertisement appearing 10 + days before hearing.) July 26, 2011 (NOTICE TO RUN NO
LATER THAN MONDAY July 11, 2011)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size:
XXX Legally Required
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ADOPTING AN ORDINANCE FOR FLORIDA - FRIENDLY USE OF FERTILIZER ON
URBAN LANDSCAPES; AND BY PROVIDING AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
Department: Land Development Services, Stormwater and Environmental Planning Section; Fund and Cost Center:
001 — 138347- 649100- 00000; Purchase Order Number: 4500122709; Account Number: 068783
P.O. # 450012219
Reviewed b }�
Division Administrator or Designee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE N I
Date Received: bate of Public hearing: - -�k.,� Q
Date Advertised: I
rIa* I =am
Ann P. Jennejohn
From:
NeetVirginia [VirginiaNeet @colliergov.net]
Sent:
Thursday, July 07, 2011 3:45 PM
To:
Ann P. Jennejohn
Cc:
Hatcher, Mac; Williams, Steven
Subject:
Fertilizer Ordinance
Attachments:
Ordinance - STW signed.pdf
Ann
I have attached the Ordinance signed by Steve Williams. As far as the advertising date, the earlier the better.
I am copying Mac to let him now that, once approved, we will route the Ordinance to the BCC Office for signature.
Thanks for your help. We will wait for the proof.
Dinny
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
New address as of November 1 2010:
Collier County Office of the County Attorney
3299 Tamiami Tr. E., Suite 800
Naples, FL 34112 -5749
ilil;ei; 7 i'_: °iil.i Law, e-mai .ddre,. >ses arp a €1bkc records, if you do mot ?tan our<, -nma'i ac`d ess r eased in `psponse to i puhrlc records, req,:'est, ;,1i;not sond
tO tkf„ entity, (..to I conta<;ttt is office :,. teit; lacy r�rin ti .
11
Mac
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Thursday, July 07, 2011 4:15 PM
To: Neet, Virginia
Cc: Hatcher, Mac
Subject: RE: Fertilizer Ordinance
Hi Dinny & Mac,
I'll get this to the paper first thing tomorrow morning and
request they print it next Wednesday, July 13.
As soon as I have the proof they send me I'II forward that
on for you all to look over so you can give me the o.k.
Thanks!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
From: NeetVirginia [ mailto :VirginiaNeetC&colliergov.netl
Sent: Thursday, July 07, 20113:45 PM
To: Ann P. Jennejohn
Cc: Hatcher, Mac; Williams, Steven
Subject: Fertilizer Ordinance
Ann
I have attached the Ordinance signed by Steve Williams. As far as the advertising date, the earlier the better.
I am copying Mac to let him now that, once approved, we will route the Ordinance to the BCC Office for signature.
Thanks for your help. We will wait for the proof.
Dinny
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
New address as of November 1, 2010:
Collier County Office of the County Attorney
3299 Tamiami Tr. E., Suite 800
Naples, FL 34112 -5749
• s
Ann P. Jennejohn
From:
NeetVirginia [VirginiaNeet @colliergov.net]
Sent:
Friday, July 08, 2011 1:30 PM
To:
Ann P. Jennejohn
Cc:
Williams, Steven
Subject:
Fertilizer Ordinance to be advertised 7 -13 -11
Attachments:
STW signed Ordinance.pdf
Ann:
Please replace the ordinance with this revised version (no changes to the title).
Thank you!
Dinny
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
New address as of November 1, 2010:
Collier County Office of the County Attorney
3299 Tamiami Tr. E., Suite 800
Naples, FL 34112 -5749
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ORDINANCE NO. I I -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ADOPTING AN ORDINANCE FOR FLORIDA -
FRIENDLY USE OF FERTILIZER ON URBAN
LANDSCAPES; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Florida Legislature, via the passage of Senate Bill 494 in 2009 and the
creation of Florida Statute Section 403.9337, mandate the establishment of a Model Ordinance in
Collier County concerning the use of fertilizer on urban landscapes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: FINDINGS
As a result of impairment to COLLIER COUNTY'S surface waters caused by excessive
nutrients, or, as a result of increasing levels of nitrogen in the surface and /or ground water within the
aquifers or springs within the boundaries of the county, the governing body of Collier County has
determined that the use of fertilizers on lands within the county creates a risk to contributing to
adverse effects on surface and /or ground water. Accordingly, the Board of County Commissioners of
Collier County 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,
2008, " may be required by this ordinance.
SECTION TWO: PURPOSE AND INTENT
This 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
Page 1 of 9
8 B
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 Collier County'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 Collier County 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.
SECTION THREE: DEFINITIONS
For this Article, the following terms shall have the meanings set forth in this section unless
the context clearly indicates otherwise.
"Administrator" means the County Manager, or an administrative official of county government
designated by the County 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 Collier
County.
"Board or Governing Board" means the Board of County Commissioners of Collier County, Florida.
"Best Management Practices" means turf and landscape practices or 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 of
Collier County whose duty it is to enforce codes and ordinances enacted by Collier County.
"Commercial Fertilizer Applicator ", except as provided in 482.1562(9) F.S., 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.
Page 2 of 9
8 B
"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.
"Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability
claimed to be present in a fertilizer.
"Institutional Applicator" means any person, other than a private, non - commercial or a Commercial
Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the
purpose of maintaining turf and /or landscape plants. Institutional Applicators shall include, but shall
not be 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 and /or 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, etc.
"Person" means any natural person, business, corporation, limited liability company, partnership,
limited partnership, association, club, organization, and /or any group of people acting as an
organized entity.
"Prohibited Application Period" means August 1 through September 30 and 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 Collier County, issued by the National Weather Service, or if
heavy rain' is likely.
"Collier County Approved Best Management Practices Training Program" means a training program
approved per 403.9338 F.S., 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 County Manager or his designee.
"Saturated soil" means a soil in which the voids are filled with water. Saturation does not require
flow. For the purposes of this ordinance, soils shall be 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.
"Specialized Turf Managers" means landscape manager of non agricultural land planted exclusively
for golf course, parks, or athletic fields.
I World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm (2 inches) in a 24 hour period.
http: / /severe.worldweather.org /rain /, and forecast keyword "likely ",
http: / /www.wrh.noaa.gov /sew /MediaG uide/ TermsOutlooks _Watches_Warnings.pdf.
Page 3 of 9
was
"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 Florida Statute 570.02
SECTION FOUR: APPLICABILITY
This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer
and areas of application of fertilizer within the area of Collier County unless such applicator is
specifically exempted by the terms of this Ordinance from the regulatory provisions of this
Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts.
SECTION FIVE: TIMING OF FERTILIZER APPLICATION
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the Prohibited Application Period, or to saturated soils.
SECTION SIX: FERTILIZER FREE ZONES
Fertilizer shall not be applied within ten (10) feet of any 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. Newly planted turf and /or landscape
plants may be fertilized in this Zone only for a sixty (60) day period beginning 30 days after planting
if needed to allow the plants to become well established. Fertilizer shall not be applied to native
vegetated buffers required by Collier County Land Development Code section 3.05.07F.3.f. Caution
shall be used to prevent direct deposition of fertilizer into the water.
SECTION SEVEN: LOW MAINTENACE 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. If more stringent Collier County Code regulations apply, this provision does not
Page 4 of 9
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 should be
taken to prevent the over -spray of aquatic weed products in this zone.
SECTION EIGHT: FERTILIZER CONTENT AND APPLICATION RATES
(a) Fertilizers applied to turf and/or landscape plants within Collier County shall be formulated and
applied in accordance with requirements and directions provided by Rule 5E- 1.003(2), Florida
Administrative Code, Labeling Requirements For Urban Turf Fertilizers with the following
exceptions:
i. No fertilizer shall be applied to turf or landscape plants that contain more than two percent
phosphate or other compounds containing phosphorus. No individual application shall
exceed 0.25 pounds phosphate per 1000 square feet and the annual phosphate amount shall
not exceed 0.5 pounds phosphate per 1000 square feet.
ii. The annual turf and landscape plant maximum allowable nitrogen amount shall be 4 pounds
per 1000 square feet. No individual application shall exceed 0.5 lbs of soluble or readily
available nitrogen and no more than 1 pound total nitrogen per 1000 square feet.
iii. No nitrogen fertilizer shall be applied to turf or landscape plants that contains less than 50
percent slow release nitrogen.
(b) Fertilizer containing nitrogen or phosphorus 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) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as
provided in (a) above for turf, or in UF!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.
Page 5 of 9
ae�
SECTION NINE: APPLICATION PRACTICES
(a) Spreader deflector shields are required when fertilizing 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.
(b) Fertilizer shall 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 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 shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater
drains, ditches, conveyances, or water bodies.
SECTION TEN: MANAGEMENT OF GRASS CLIPPINGS AND VEGETABLE MATTER
In no case shall grass clippings, 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.
SECTION ELEVEN: EXEMPTIONS
The provisions set forth above in this Ordinance shall not apply to:
(a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida
Statutes;
(b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures
used for grazing 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;
Page 6 of 9
(d) all golf courses provided that landscaping is done within the provisions of the Florida
Department of Environmental Protection document, "Best Management Practices for the
Enhancement of Environmental Quality on Florida Golf Courses, 2007' (Florida Golf Course
BMPs), as updated. Florida Golf Course BMPs shall be followed when performing landscaping
on golf course practice and play areas. If Florida Golf Course BMPs are not adhered to, Collier
County may take enforcement action in accordance with Section 14 of this Ordinance; or
(e) all Specialized Turf Managers provided that fertilization is based on the provisions of RULE
5E- 1.003(2)(d), F.A.C. and OF /IFAS Publication #SL 191 , while maintaining the health and
function of their Specialized Turf areas.
SECTION TWELVE: TRAINING
(a) All commercial and institutional applicators of fertilizer within the ( un)incorporated area of
Collier County 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 Extension "Florida- Friendly Landscapes" program, or an approved equivalent.
(b) Private, non - commercial applicators are encouraged to follow the recommendations of the
University of Florida WAS Florida Yards and Neighborhoods program when applying fertilizers.
SECTION THIRTEEN: LICENSING OF COMMERCIAL APPLICATORS
(a) Prior to 1 January 2014, all commercial applicators of fertilizer within the (un)incorporated area
of Collier County shall 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 WAS "Florida- Friendly Landscapes" program, or an approved equivalent
program, prior to obtaining a Collier County Local Business Tax Certificate for any category of
occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer
Page 7 of 9
Applicators shall provide proof of completion of the program to the County Tax Collector's office
within 180 days of the effective date of this ordinance.
(b) After 31 December, 2013, all commercial applicators of fertilizer within the (un)incorporated area
of Collier County shall 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 per 5E- 14.117(18) F.A.C.
(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 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 County Tax Collector's Office.
SECTION FOURTEEN: ENFORCEMENT
Funds generated by penalties imposed under this section shall be used by Collier County for
the administration and enforcement of section 403.9337, Florida Statutes, and the corresponding
sections of this ordinance, and to further water conservation and nonpoint pollution prevention
activities.
SECTION FIFTEEN: PENALTIES
Enforcement of the terms of this Ordinance shall be pursuant to the Consolidated Code
Enforcement Ordinance (Ordinance 2010 -04, as it may be amended). To any degree that the Code
Enforcement Ordinance requires or mandates that an opportunity to cure or cure period be granted,
said cure opportunity or period shall not apply to this Fertilizer Ordinance. Enforcement proceedings,
absent the cure, may be initiated upon the discovery of the violation.
Page 8 of 9
q
8 B
SECTION SIXTEEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this day of , 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk FRED W. COYLE, CHAIRMAN j
Approved as to form and
legal sufficiency:
Steven T. Williams
Assistant County Attorney
Ann P. Jennejohn
From:
Sent:
To:
Cc:
Subject:
Hi Dinny & Mac,
Ann P. Jennejohn
Thursday, July 07, 2011 4:15 PM
Neet, Virginia
Hatcher, Mac
RE: Fertilizer Ordinance
I'll get this to the paper first thing tomorrow morning and
request they print it next Wednesday, July 13.
As soon as I have the proof they send me I'II forward that
on for you all to look over so you can give me the o.k.
Thanks!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
From: NeetVirginia [ mailto :VirginiaNeet @colliergov.net]
Sent: Thursday, July 07, 20113:45 PM
To: Ann P. Jennejohn
Cc: Hatcher, Mac; Williams, Steven
Subject: Fertilizer Ordinance
Ann
I have attached the Ordinance signed by Steve Williams. As far as the advertising date, the earlier the better.
I am copying Mac to let him now that, once approved, we will route the Ordinance to the BCC Office for signature.
Thanks for your help. We will wait for the proof.
Dinny
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
New address as of November 1, 2010:
Collier County Office of the County Attorney
3299 Tamiami Tr. E., Suite 800
Naples, FL 34112 -5749
July 8, 2011
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, FL 34110
Re: Florida - Friendly Fertilizer Ordinance
Dear Legals:
Please advertise the above referenced notice on Wednesday, July 13, 2011, and
kindly send the Affidavit of Publication, in TRIPLICATE, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500122709
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 26, 2011, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ADOPTING AN ORDINANCE FOR
FLORIDA - FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES;
AND BY PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of the
agenda item to be addressed. Individual speakers will be limited
to 3 minutes on any item. The selection of an individual to speak
on behalf of an organization or group is encouraged. If recognized
by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to
the public hearing. All material used in presentations before the
Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding; you are entitled, at no
cost to you, to the provision of certain assistance. Please contact
the Collier County Facilities Management Department, located at
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (239)
252 -8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
i
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jenne'ohn
To: Legals NDN
Subject: Fertilizer Ordinance
Attachments: Fertilizer Ordinance.doc; Fertilizer Ordinance.doc
Good Morning O
Please advertise the attached on
Wednesday, July 13, 2011.
Thank you.
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
Ann P. Jennejohn
8 B
From:
postmaster @collierclerk.com
Sent:
Friday, July 08, 2011 9:44 AM
To:
Ann P. Jennejohn
Subject:
Delivery Status Notification (Relay)
Attachments:
ATT113922.txt; Fertilizer Ordinance
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
notifications may not be generated by the destination.
legals @naplesnews.com
• i
Ann P. Jennejohn
From: Heredia, Blanca [BEHeredia @Naplesnews.com]
Sent: Friday, July 08, 2011 12:22 PM
To: Ann P. Jennejohn
Subject: RE: Fertilizer Ordinance
ok
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Sent: Friday, July 08, 20119:44 AM
To: Legals NDN
Subject: Fertilizer Ordinance
Good Morning O
Please advertise the attached on
Wednesday, July 13, 2011.
Thank you.
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252- 8408(Fax)
Please visit us on the web at www.collierclerk.com
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Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskCo?collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Ann P. Jennejohn
From: Heredia, Blanca [BEHeredia @Naplesnews.com]
Sent: Friday, July 08, 2011 3:44 PM
To: Ann P. Jennejohn
Subject: Ann, please use this one instead....
Attachments: UAS6A42.jpg
Importance: High
I left out a chunk at the bottom, sorry about that. Thanks :)
Thank you for placing your ad.
Date
07/08/11
Publication
NDN
Account Number
744106
Ad Number
1908521
Total Ad Cost
$243.90
OHL
Ann P. Jennejohn
From: NeetVirginia [VirginiaNeet @colliergov.net]
Sent: Friday, July 08, 2011 2:35 PM
To: Ann P. Jennejohn
Subject: FW: Ad Confirmation
Ok to proceed. Thanks
- - - -- Original Message---- -
From: Williams5teven
Sent: Friday, July 08, 20112:35 PM
To: NeetVirginia
Subject: RE: Ad Confirmation
Confirmed.
Steve
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliams@colliergov.net
- - - -- Original Message---- -
From: NeetVirginia
Sent: Friday, July 08, 20112:33 PM
To: Williams5teven
Subject: FW: Ad Confirmation
Steve:
I checked it against the Ordinance title. The formatting is a little strange but it is otherwise correct.
Please confirm.
Dinny
- - - -- Original Message---- -
From: Ann P. Jennejohn [ mai Ito: Ann.Jennejohn @colIierclerk.coml
Sent: Friday, July 08, 20112:30 PM
To: NeetVirginia
Cc: HatcherMac
Subject: FW: Ad Confirmation
Hi again,
Please look over the Florida - friendly fertilizer legal notice (that's kind of a tongue twister) that will published in
next Wednesday's newspaper.
I need your o.k. /approval a.s.a.p.
NOTICE OF INTENT TO CONSIDER ORDINANCE 8 B
Notice is hereby given that cn Tuesday, July 26, 2011, in the Boardroom, 3rd Floor,
Administration Building. Collier County, Government Center, 3299 Tanliami, Trail
East, Naples, Florida, the Board of Coonty Cor mi5sioners Nv.ill co ides the enact-
rnent of a County Ordinance, The tr%ieeting will commence at 9-100 A.M. The title of'
the propmed Ordinance Is, as fo'jiowrs -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, OF
COLLIER COUNTY, FLORIDA,, ADOPTING AN ORDINANCE TOR
FLORIDA-FRIENDLY LJSE-,OF FERTILIZER ON URBAN LANDSCAPES;
AND BY PROVIDING AN EFFECTIVE DATE,
Copies of the proposed Ordinance are on -file with the Gerkto theSoard and are
Available for inspection. All interested partite aro invited to attend and be heard.
NOTE All persor-is v%,-ishinq to speak on any agenda i-tem must register %dith the
County, administrator, prior to presentation'oft'he agenda itern to be addressed
Individual speakers will be limited to 3 minixte's an any, it - rn. The selection of an in-
dividUal to 5peak on behalf of arj organization or group is encouraged. If recog-
nized by the Chai(man, a!ipoke5person for a grpmp arorganization may be allotted
10 minutes to,speak on an item.
Persons WO)ifig to' have written or graphic rnalerials included in the,,Doard ago-inda
packets 111USt Submit said material a nitnimuni of 3 weeks prior to the respectsve
'-%Liblic hearing, In are case, written materials intended to be considered by the
Eard shall be submitted to. the appropriate County staff a niihinium of seven days
PqQr t,Q the public hearing. A11 material used in presentations before the Board
will be-corne a, penranent part of the record,,
Any pierson who delcides To appeal a der-ision of the, Board will need a, r-ec ord of
the procin!edings pertaining thereto and therefore, may need 't0 eMum that a vPr-
batim record of the proceedings is Made, which record inclti&sthe testimony and
evi'donce upon which the appeal is based.
If you area rson with a disabilit' Nivho necHLr any accommodation in order to par-
ti-cifate inatg'�s Proceeding; yow are entitled, at no cost to you, to the provision of
cer ain assistanCe. Please contact the Collier County Fa0lities Manpigernept Cie art
Tamiarri contact East, Suite 101, N�pl e Ff�ri 4112,
meat, located at S i ' "S" da 3' W9)
252-83180. AssisTed listenirl devices for the heatin'g ii'mpaireci are available in the
County Commissioners I I ��(
off
BOAR D OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DVVIGFIT E. BROCK, CLERK
By: Ann Jenne john, Deputv Clerk
(SEAL)
July 13, 2 011 No 1908521
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Kim Pokarney, who on oath says that she serves as
the Accounting Manager of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 3 times in the issue
on July 13, 2011.
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication ' in the said newspaper.
( Signature of affiant)
Sworn to and subscribed before me
This day July 13, 2011
EMM :M
NOTICE OF INTENT TO CONSIDERORDI i ANCE
Notice is hereby given that on Tuesday; July 21i, 2011,' in the Board, 3rd Floor,
Administration Building, Collier County Government Center, 3299 om, 3rd Trail
East, Naples, Florida, the Board of County Cp1^mtssionar$ will tonsi
merit of a Counttyy Ordinance. The meeting will conymernte'at g Ob nsid The title of
P propo{ad.grdmance is f, Uo A.M. the enact -
as Q w5:
AN`ORDIfANCEOFTWEBOARD 3_
COLLIER COUNTY, FLORID CAIJNI Y CO MIISSILOMKOF
FLORIDA.FRIENDLYUSEO�FE TO TIIN A U
AND BY`PROVIDING AN EFFECTIVE DATE,+
Copies of the proposed Ordinarce are on file with the Clerk
available for inspection, .All interested parties are invited to attend nd,be hear and are
County dministraltorn� wio ing to speak on arty agenda item must togi
Individual pr presentation of _ the agenda item to tx r with the
speaker will be limited to 3 fninutes on any item. The telethon od an en
divideal to speak on be of an organization or group is encouraged, If recog-
nized by the Chairman, a sppookesperson for a group or organization may be allotted
10 minutest0 speak on an item.
Penons wishing to have wr[tte^ or graphic materials included in`the Board agenda ,
Packets musubmi submit said material a minimum of 3 Mieeks prior to;the r rve
Board hear' any case, written'matenals intend
Board o, th pubi "irri to the appropriate Coun O �o"sidered the
prior td' tii, fiparin , ty;tatf E mhlrmum of ;seven days
wiN become'a per 9 All material used in praserrtations before the Board
Permanent Part the record
Any persiin wKtl r7ecliies Io'aPpeai a deasmn otice �oartPwrlYrieeil "'a record of '
oatim .cord" ppinrning thereto and therefore, ma ead'to eriwre that.a ver-
evidence upon which the�•� is made, which rec�,,�Iude, the y
based. tMttimpn and
If you .area person with a disability rye
certain s this proceedin ; entitled as'a "Y accommodation in, order to par_
certain assistance. Pleasegconttact the Colleedr'County Facilities to you, , to the ProviDe artf
Count 8o located
ssisted listening �devicesafoE h hearing �� Paired are available in�2the
County Commissioners• Offiee.
BOARD OF COUNTY COMMISSIONERS
FRED COYLE, CHAIRMAN !ER �UNn`r FLORIDA
1> .
DWIGHTE. BROCK RK" '^
By: Ang Jennejohn; Deputy Clerk r
(SEAL)
I
(Signature of notary pubic)
............
........
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Expires 11212013
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw aline throu h routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1.
Specialist
(Initial)
Applicable)
2.
7/26/11
Agenda Item Number
8 -13
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Steven T. Willams, Assistant County
Attorney
County Attorney
STW
7/27/11
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
Documents Attached
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Mac Hatcher, Senior Environmental
Phone Number
252 -2954
Contact
Specialist
(Initial)
Applicable)
Agenda Date Item was
7/26/11
Agenda Item Number
8 -13
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Fertilizer Ordinance
Number of Original
One
Attached
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
STW
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
STW
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
STW
document or the final negotiated contract date whichever is applicable.
4,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
STW
signature and initials are required.
5:
In most cases (some contracts are an exception), the original document and this routing slip
STW
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 7/26/11 and all changes made during the
STW
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
8B '!
MEMORANDUM
Date: August 9, 2011
To: Mac Hatcher
Environmental Specialist
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2011 -24: Fertilizer Ordinance
Attached is one (1) copy as referenced above, (Item #8B) approved by
the Board of County Commissioners on Tuesday, July 26, 2011.
The Minutes and Records Department has kept the original
Ordinance as part of the Board's Official Records.
If you should have any questions, please contact me at 252 -8411.
Thank you,
Enclosure
MEMORANDUM
DATE: August 9, 2011
TO: Ernie Kerskie, Director of Mapping
Property Appraiser's Office
FROM: Teresa Polaski, Deputy Clerk
Minutes & Records Department
RE: Validated Ordinance 2011 -24
Attached for your records, is a copy of the document referenced above,
Adopted by the Board of County Commissioners on Tuesday, July 26, 2011.
If you have any questions, please feel free to call me at 252 -8411.
Thank you.
Attachment
ORDINANCE NO. 11- 2 4
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ADOPTING AN ORDINANCE FOR FLORIDA -
FRIENDLY USE OF FERTILIZER ON URBAN
LANDSCAPES; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Florida Legislature, via the passage of Senate Bill 494 in 2009 and the
creation of Florida Statute Section 403.9337, mandates the establishment of a Model Ordinance
in Collier County concerning the use of fertilizer on urban landscapes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: FINDINGS
As a result of impairment to COLLIER COUNTY'S surface waters caused by excessive
nutrients, or, as a result of increasing levels of nitrogen in the surface and /or ground water within the
aquifers or springs within the boundaries of the county, the governing body of Collier County has
determined that the use of fertilizers on lands within the county creates a risk to contributing to
adverse effects on surface and /or ground water. Accordingly, the Board of County Commissioners of
Collier County 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,
2008, " may be required by this ordinance.
SECTION TWO: PURPOSE AND INTENT
This 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
minimize negative secondary and cumulative environmental effects associated with the misuse of
fertilizers. These secondary and cumulative effects have been observed in and on Collier County's
Page I of 9
m
natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and
other water bodies. Water bodies are an asset critical to the environmental, recreational, cultural and
economic well -being of Collier County 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.
SECTION THREE: DEFINITIONS
For this Article, the following terms shall have the meanings set forth in this section unless
the context clearly indicates otherwise.
"Administrator" means the County Manager, or an administrative official of county government
designated by the County 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 Collier
County.
"Board or Governing Board" means the Board of County Commissioners of Collier County, Florida.
"Best Management Practices" means turf and landscape practices or 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 of
Collier County whose duty it is to enforce codes and ordinances enacted by Collier County.
"Commercial Fertilizer Applicator ", except as provided in 482.1562(9) F.S., 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 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.
"Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability
claimed to be present in a fertilizer.
Page 2 of 9
T
"Institutional Applicator" means any person, other than a private, non - commercial or a Commercial
Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the
purpose of maintaining turf and /or landscape plants. Institutional Applicators shall include, but shall
not be 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 and /or 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, etc.
"Person" means any natural person, business, corporation, limited liability company, partnership,
limited partnership, association, club, organization, and /or any 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
Collier County, issued by the National Weather Service, or if heavy rain is likely.
"Collier County Approved Best Management Practices Training Program" means a training program
approved per 403.9338 F.S., 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 County Manager or his designee.
"Saturated soil" means a soil in which the voids are filled with water. Saturation does not require
flow. For the purposes of this ordinance, soils shall be 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.
"Specialized Turf Managers" means landscape manager of non agricultural land planted exclusively
for golf course, parks, or athletic fields.
"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 Florida Statute 570.02.
1 World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm (2 inches) in a 24 hour period.
http: / /severe.worldweather.org /rain /, and forecast keyword "likely ",
http: / /www.wrh.noaa.gov/ sew/ MediaGuide/ TermsOut looks_Watches_Warnings.pd f.
Page 3 of 9
LOA
SECTION FOUR: APPLICABILITY
This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and
areas of application of fertilizer within the area of Collier County unless such applicator is
specifically exempted by the terms of this Ordinance from the regulatory provisions of this
Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts for a
period of one year from the effective date of the ordinance.
SECTION FIVE: TIMING OF FERTILIZER APPLICATION
No applicator shall apply fertilizers containing nitrogen and /or phosphorus to turf and /or
landscape plants during the Prohibited Application Period, or to saturated soils.
SECTION SIX: FERTILIZER FREE ZONES
Fertilizer shall not be applied within ten (10) feet of any 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 sharply defined edge, is used, in which case a minimum of 3 feet
shall be maintained. Newly planted turf and /or landscape plants may be fertilized in this Zone only
for a sixty (60) day period beginning 30 days after planting if needed to allow the plants to become
well established. Fertilizer shall not be applied to native vegetated buffers required by Collier
County Land Development Code section 3.05.07F.3.f. Caution shall be used to prevent direct
deposition of fertilizer into the water.
SECTION SEVEN: 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
Page 4 of 9
and filter runoff. If more stringent Collier County 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 should be
taken to prevent the over -spray of aquatic weed products in this zone.
SECTION EIGHT: FERTILIZER CONTENT AND APPLICATION RATES
(a) Fertilizers applied to turf and /or landscape plants within Collier County shall be formulated and
applied in accordance with requirements and directions provided by Rule 5E- 1.003(2), Florida
Administrative Code, Labeling Requirements For Urban Turf Fertilizers.
(b) Fertilizer containing nitrogen or phosphorus 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) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as
provided in (a) above for turf, or in OF /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.
SECTION NINE: APPLICATION PRACTICES
(a) Spreader deflector shields are required when fertilizing 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.
(b) Fertilizer shall 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 shall be immediately and completely removed to the greatest extent practicable.
Page 5 of 9
(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 shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater
drains, ditches, conveyances, or water bodies.
SECTION TEN: MANAGEMENT OF GRASS CLIPPINGS AND VEGETABLE MATTER
In no case shall grass clippings, 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.
SECTION ELEVEN: EXEMPTIONS
The provisions set forth above in this Ordinance shall not apply to:
(a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida
Statutes;
(b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures
used for grazing 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 horticulturei
(d) all golf courses provided that landscaping is done within the provisions of the Florida
Department of Environmental Protection document, "Best Management Practices for the
Enhancement of Environmental Quality on Florida Golf Courses, 2007 "(Florida Golf Course
BMPs), as updated. Florida Golf Course BMPs shall be followed when performing landscaping
on golf course practice and play areas. If Florida Golf Course BMPs are not adhered to, Collier
County may take enforcement action in accordance with Section 14 of this Ordinance;
Page 6 of 9
(e) all Specialized Turf Managers provided that fertilization is based on the provisions of RULE
5E- 1.003(2)(d), F.A.C. and UF/IFAS Publication #SL 191 , while maintaining the health and
function of their Specialized Turf areas.
SECTION TWELVE: TRAINING
(a) All commercial and institutional applicators of fertilizer within the ( un) incorporated area of
Collier County 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 Extension "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 Yards and Neighborhoods program when applying fertilizers.
SECTION THIRTEEN: LICENSING OF COMMERCIAL APPLICATORS
(a) Prior to 1 January 2014, all commercial applicators of fertilizer within the ( un) incorporated area
of Collier County shall 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 -10 friendly Landscapes" program, or an approved equivalent
program, prior to obtaining a Collier County Local Business Tax Certificate for any category of
occupation which may apply any fertilizer to turf and /or landscape plants. Commercial Fertilizer
Applicators shall provide proof of completion of the program to the County Tax Collector's office
within 180 days of the effective date of this ordinance.
(b) After 31 December, 2013, all commercial applicators of fertilizer within the (un)incorporated area
of Collier County shall have and carry in their possession at all times when applying fertilizer,
Page 7 of 9
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.
(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 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 County Tax Collector's Office.
SECTION FOURTEEN: ENFORCEMENT
Funds generated by penalties imposed under this section shall be used by Collier County for
the administration and enforcement of section 403.9337, Florida Statutes, and the corresponding
sections of this ordinance, and to further water conservation and nonpoint pollution prevention
activities.
SECTION FIFTEEN: PENALTIES
Enforcement of the terms of this Ordinance shall be pursuant to the Consolidated Code
Enforcement Ordinance (Ordinance 2010 -04, as it may be amended). To any degree that the Code
Enforcement Ordinance requires or mandates that an opportunity to cure or cure period be granted,
said cure opportunity or period shall not apply to this Fertilizer Ordinance. Enforcement proceedings,
absent the cure, may be initiated upon the discovery of the violation.
SECTION SIXTEEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
Page 8 of 9
[I:i
PASSED AND DULY ADOPTED by majority vote of the Board of County Commissioners of
Collier County, Florida, this day of 2011.
, LJUPULy
AtLe$t 6$ to Chdirawst S
i 19nature 0444
Approved as to form and
legal sufficiency:
7. W" �i-
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: W.
FRED W. COYLE, CHAI N
Page 9 of 9
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2011 -24
Which was adopted by the Board of County Commissioners
on the 26th day of July, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of August, 2011.
DWIGHT E. BROCK
Clerk of Courts an{4;Clerk
Ex- officio to 8aazd•� o ''7 /-
l
County Commiss.oher j,
By: Teresa Po1,gakj;;!
Deputy Clerk"
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Holsinger Horticultural Services LLC
5624 Cape Leyte Drive
Sarasota FL 34242
m j holsinger @comcast. net
July 22, 2011
TO: Amber Crooks
Natural Resource Specialist
Conservancy of Southwest Florida
SUBJ: Professional Assessment of Draft Collier County Urban Fertilizer Ordinance
At your request, I am pleased to provide my professional assessment of subject document.
My qualifications include a masters degree in Horticulture, and more than 25 years of
experience in landscape horticulture in Southwest Florida. I was environmental
horticulture agent with the University of Florida in Sarasota County for 19 years and was
their County Extension Director for 14 years, retiring in 2004. Since then I served as
technical consultant to Sarasota County Government during the stakeholder process to
produce their fertilizer ordinance enacted in 2007 and have been involved in the
development process for most of the fertilizer ordinances enacted along the West coast of
Florida since then.
The draft Collier County fertilizer ordinance contains a number of excellent provisions to
better protect and help improve water quality. These include required training for
commercial and institutional providers, a requirement that fertilizers applied to turf and
landscapes contain at least 50% slow release nitrogen, a 10 -foot fertilizer free low
maintenance zone adjacent to water bodies and wetlands, an annual application limit of 4
pounds of nitrogen, limits on phosphorus, and management actions to keep fertilizers and
vegetative matter off impervious surfaces.
The major deficiency I noticed in the review of the draft ordinance is that the proposed
prohibited period for nitrogen application during the rainy season was only for the months
of August and September. Based on Collier County's historical rainfall averages that
show essentially the same monthly rainfall for June and July as for August and September,
a short two month blackout period does not make sense. The data supports a four month
blackout period. It is indisputable that the highest risk of nitrogen pollution from
fertilization of our lawns and landscapes occurs during the entire rainy season, June
through September. This is because of three factors: (1) the frequent heavy rains, (2)
runoff likelihood from landscapes that become water saturated or are compacted from
construction, and (3) extensive impervious surfaces surrounding most landscapes. By
using 50% slow release nitrogen fertilizer in the active growing months of April or May,
supplemented by nitrogen received naturally from rainfall and breakdown of grass
clippings the summertime needs of turf and landscape will be met. In addition, "summer
blends" of fertilizers containing potassium, magnesium, iron and other micronutrients can
be applied to provide greenup and stress resistance. A two month restricted period is also
inconsistent with the Naples ordinance and will be confusing to citizens. I therefore urge
the Commissioners to establish the restricted period for the entire rainy season (June
through September). We need to be mindful that EVERY NITROGEN FERTILIZER
APPLICATION IS A POTENTIAL POLLUTION EVENT, ESPECIALLY IN THE
RAINY SEASON. The fish kills along Collier County and Naples beaches in the past two
weeks attributed to algal blooms is yet another wake up call for action in the rainy season
to reduce nitrogen pollution of our water resources.
One other potential problem area in the draft is in Section Eight (c) that would allow
application of nitrogen based on tissue testing showing a deficiency. Such a deficiency
could be caused by factors other than lack of fertilization. Examples are disease damage
from turf root rots and damage from pests such as chinch bugs. Therefore, these must be
ruled out before fertilization would be warranted.
Finally, Section 12 (a) appears contradictory to me. It grants a grace period to 1 January
2014 for commercial applicators to complete training and education requirements, then in
the following sentence says they must provide proof of completion of the program to the
County Tax Collector's office within 180 days of the effective date of this ordinance.
Although some members of the industry and even some of my educator colleagues tend to
focus on turf quality, I think it is crucially important that the primary focus of fertilizer
ordinances be on water quality. For the long term the implementation of a strong
fertilizer ordinance for Collier County could help to reduce long -term costs in the water
quality area.
Please contact me with any questions or comments.
Sincerely,
MICHAEL J. HOLSINGER
Horticulturist
Retired UF/IFAS Extension Director for Sarasota County
July 229 2011
Agenda Item #: or) Meeting Date . Z�
Presented by: -)OE: (�ac:LJV-D
P9 I o F �-
ESTUARY CONSERY, gDN
ASSOC IArION. INC.
Serving Community & ,Vitiu'e
ffMIUL[7 MINI1
A RESOLUTION BY THE ESTUARY CONSERVATION ASSOCIATION, INC. TO
SUPPORT ADOPTION OF A ORDINANCE BY COLLIER COUNTY THAT WOULD
LIMIT THE AMOUNT, TYPE, LOCATION AND TIMING OF APPLICATION OF
FERTILIZERS TO LAWN AND LANDSCAPED AREAS FOR THE PROTECTION OF
OUR WATER RESOURCES AND ESTUARIES.
Whereas, stormwater runoff can be a major source of nutrient pollution for local waterbodies,
leading to harmful algal blooms, anoxic zones, and the degradation of local waters; and
Whereas, misuse and misapplication of fertilizers containing nitrogen and phosphorous nutrients
can contribute to impairment of waterbodies within Collier County and their associated riverine
and estuarine ecosystems; and
Whereas, surface water runoff, groundwater seepage, and urban development throughout the
Cocohatchee watershed have altered the amount and quality of waters coming into the Wiggins
Pass estuary; and
Whereas, the Florida Department of Environmental Protection and the U.S. Environmental
Protection Agency have identified several waterbodies within Collier County as "impaired" due
to the presence of excess nutrients or as a result of such nutrients under the Florida Impaired
Waters Rule (§ 62 -302 F.A.C), such as the Cocohatchee watershed; and
Whereas, the Wiggins Pass ecosystem, like other local waters, is home to sensitive landscapes,
such as seagrass beds, mangrove swamps, and tidal creeks, which provides habitat for a number
of diverse wildlife species; and
Whereas, the Estuary Conservation Association (ECA) promotes good stewardship of local
waters and seeks improved water quality through the County; and
Whereas, the ECA promotes conservation of environmental values through education, science,
and recreation; and
Whereas, a significant amount of pollution from fertilizer use can be reduced by using more
appropriate fertilizer products and using more appropriate application methods; and
Whereas, local municipalities can and should adopt more, not less, stringent regulations to
adequately protect local resources;
M
NOW THEREFORE, BE IT RESOLVED BY ESTUARY CONSERVATION
ASSOCIATION that:
1. Collier County should adopt, implement, and enforce an ordinance regarding fertilizer
content and application that provides for greater protection of local aquatic resources and
quality of life.
2. The ordinance should contain the following regulations:
a. No less than 50% slow - release nitrogen content, as slow - release fertilizers are less
likely to run off the land or seep into the groundwater and therefore minimize
pollution to local waterbodies.
b. Zero phosphorous content, as additional phosphorous from fertilizer is
unnecessary for most lawns in Collier County and excess nutrients compound
eutrophication problems in waterbodies.
c. No less than a 10 foot fertilizer -free buffer, to minimize the likelihood of fertilizer
products reaching adjacent waterbodies.
d. No more than 1 lb of nitrogen to be applied per 1000 square feet per application,
and no more than 4 lbs of nitrogen to be applied per 1000 square feet per year, as
this application rates in exceedance of this may result in over - fertilization.
e. No fertilizer application during the rainy season (June 1 through September 30) to
prevent nutrient runoff and leaching.
Joseph A Moreland
President
Estuary Conservation Assoc.Inc.
7?_
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