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EAC Agenda 04/13/2011 EAC MEETING AGENDA APRIL 13, 2011 AGENDA COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL WILL MEET AT 9:00 A.M., WEDNESDAY, APRIL 13 2011 CHAt~GE OF LOCATION: Room 609/610 GROWTH tvlANAGEMENT DIVISION (Fonnerly Community Development and Environmental Services Division) 2800 N. Horseshoe Drive. Naples, FL 34104 I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of March 2, 2011 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. NONE VII. New Business VIII. Old Business A. Watershed Management Plan Update - Mac Hatcher (Land Development Services) B. Update members on projects - Board recaps IX. Council Member Comments X. Staff Comments XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notifv Summer AraQue. Senior Environmental Specialist no later than 5:00 p.m. on April 7. 2011 ifvou cannot attend this meetinq or ifvou have a conflict and will abstain from votinq on a petition (252-6290). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. cofer County -~1 ~~ ....~ Growth Management OMsion Planning & Regulation . Memorandum To: Environmental Advisory Council From: Mac Hatcher, Senior Environmental Specialist Date: April 1, 2011 Subject: Staff Summary - April 13, 2011 Watershed Management Plan Workshop Update Obiective: To provide a brief update on the Fertilizer ordinance and get recommendations. Agency comments on the proposed more stringent ordinance have been received and they are posted on the web site (FOE?, OACS). The only more stringent provision that was supported by any of the 3 agencies was for existing buffer requirements so they have been added to the proposed ordinance. Staff is recommending we move forward with the model ordinance with the added existing buffer standards because the U of F IF AS provided scientific support for the model ordinance. In addition to the ordinance staff is proposing an additional education plan. The proposed ordinance is attached with changes from the original Collier County Model ordinance highlighted, and additions are underlined and deletions struck through. An update on the projects and proposed regulatory changes will also be presented. General information and support documents for the Watershed Management Plans are available at our web page. Considerations: Recent legislation requires Collier County to adopt at least the "Model Ordinance" because we have water bodies that have been designated Impaired for nutrients by FDEP. FISCAL IMPACT: There are no fiscal impacts at this time. GROWTH MANAGEMENT IMPACT: Completion of the WMPs will support objective 2.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. PREPARED BY: Mac Hatcher, Senior Environmental Specialist, Growth management Division I Planning and Regulation ORDINANCE NO. 11- 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 ofa Model Ordinance in Collier County concerning the use of fertilizer on urban landscape. 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 Practicesfor 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 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 ofthis 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 ofthe 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. "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 ground cover (excluding turf) . "Low Maintenance Zone" means an area a minimum often (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 - June 1 through September 30 of each calendar year, 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 ofthe 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. 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/, andforecast keyword "likely", http://www. wrh.noaa.gov/sew/MediaGuide/TermsOutlooks _Watches _ Wamings.pdj "Specialized Turf' areas of grass used for athletic fields, activity fields, parks, golf course practice and play areas, cemeteries and other similar areas. "Specialized Turf Manager" a Person responsible for lawn care and maintenance or landscaping or directing the lawn care and maintenance or landscaping of a golf course or athletic field. 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. Ifmore stringent Collier County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations, 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 need to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients 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 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 contain no less than fifty percent (50%) Slow Release Nitrogen per Guaranteed Analysis Label. (b) Fertilizers should be applied to Turf and/or Landscape Plants at the lowest rate necessary,. No more than four (4) Ibs. of nitrogen per 1000 ft2 shall be applied to any Turf/landscape area in any calendar year. (c) 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. (d) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above for turf, or in UF/IF AS 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. (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 storm water drains, ditches, conveyances, or water bodies. SECTION TEN: MANAGEMENT OF GRASS CLIPPINGS AND VEGETABLE MA TIER 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, o~ horticulture; (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; ( e) all Specialized Turf Managers provided that landscaping is done within the provisions of RULE 5E-1.003(2)(d), F.A.C., while maintaining the health and function of their Specialized Turf areas. SECTION TWEL VB: 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 ofthe program to the County Tax Collector's office within 180 days ofthe effective date ofthis 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 (Municipality/ 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: 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 By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk , Chairman Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney UFIFLoRIDA Institute of Food and Agricultural Sciences ENVIRONMENTAL HORTICULTURE Environmental Horticulture 1549 Fifield Hall PO Box 110670 (352) 392-1831 Fax (352) 392-6270 hlip:/ /hort.ifas.ut1.edu March 9, 2011 Mac Hatcher Stormwater and Environmental Planning Section Department of Land Development Services 2800 North Horseshoe Drive Naples, FL 34104 Dear Mac, I am providing a scientific assessment of the COLLIER COUNTY FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES draft ordinance based on the best available science from the University of Florida -IFAS (UF-IFAS) and other national universities and current recommendations from the Center for Landscape Conservation and Ecology and the Florida Friendly Landscaping ™ program at the UF- IFAS. This draft ordinance incorporates a number of scientifically-based practices based on information in the FDEP State Model Ordinance and the UF-IFAS Florida Friendly Landscaping ™ program. Requirements in this draft ordinance that are contrary to existing science or where science is not available to support the proposed requirement will be identified and explained. In the cases where science does not support the recommendation in the ordinance, it is possible that more damage will be done to the environment and to impair water quality if enacted rather than delaying these specific recommendations until scientific knowledge is available. A thorough review of scientific literature related to urban water quality is now available. The updated report from the University of Florida - IFAS, "Urban Water Quality and Fertilizer Ordinances: Avoiding Unintended Consequences," is available online at http://edis.ifas.ufl.edu/ss496. The report is a literature review of more than 100 scientific papers published nationally in the past 40 years. Together, these papers provide a clear picture of the relationships among water quality and landscape fertilization, leaching and runoff. Two books published in 2008 provide additional details on maintaining urban water quality and the relationship to landscape and turfgrass management: Water Quality and Quantity Issues for Turfgrasses in Urban Landscapes. Beard, J. B. and M. P. Kenna (eds). Council for Agricultural Science and Technology (CAST) Special Publication 27. Ames, IA. 2008. The Fate of Nutrients and Pesticides in the Urban Environment, Vol. 997. Nett, M. 1., Carroll, M. J., Horgan, B. P., and Petrovic, A. M. (eds). American Chemical Society, Washington, D.C. 2008. The Foundation for The Gator Nation An Equal Opportunity Institution UF-IFAS Scientific Assessment of the COLLIER COUNTY FLORIDA- FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES draft ordinance (March 2011): 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. Scientific data show that turfgrass fertilized during the active summer growing season reduces runoff and leaching and has a positive impact on the environment (Petrovic and Easton, 2005). In fact, trufgrass that was not fertilized during the summer months had greater runoff due to the poor quality of the turfgrass. Numerous published, peer-reviewed studies confirm that turf grass is healthiest and absorbs the most fertiliz~r nutrients during the active growing months of summer. Research also shows that nutrient leaching and run-off are greatest during other times of the year. Properly fertilized and maintained turfgrass has a lower impact on groundwater N levels than other land uses (Raciti et al. 2008). Turfgrass was fertilized with zero, low, and high P (and a zero control) fertilization programs throughout the year (Bierman et aI., 2010). . The researchers measured runoff volume and P loads moving off the research site plots. Where Nand K were supplied (better growth), P in the runoff increased as the P rate increased. P runoff from the unfertilized plots (no Nand K and lower growth) was greater than from fertilized turf. The researchers attributed the increased P runoff to poorer growth of the turfgrass in the unfertilized plots. P runoff was greater when P was applied in the fall, when plant growth slows and plants enter dormancy. These researchers concluded that P should not be applied in the fall or when soils already are high in P content, and that P runoff was reduced in healthy, fertilized (Nand K) turf. UF/IFAS research shows that leaching was negligible during the summer months from St.Augustinegrass grown with a commercial fertilizer containing 62% soluble/38% controlled- release N at a 1.0 Ib N/1000 sq. ft. rate (Erickson, et. al. 2008). New research at UF-IFAS has shown that leaching from turfgrass is greater in the spring and fall than in the summer. In a Florida DEP-funded project more nitrogen is lost from fertilizer applications made during the time of year when the turfgrass is not growing as actively as it is in the summer (Trenholm et. al. 2011). The following are some preliminary results from the multi-year, multi-site study: 1. As St Augustinegrass matured after the first year, N03-N leaching was minimal, even at very excessive application rates. No significant correlation with N rate and N03-N leaching was found. 2. Zoysiagrass was more prone to leaching at high N rates. a. Less N'is needed for zoysiagrass health and quality than for St. Augustinegrass b.Greater disease pressure leads to less viable turf and more N03-N leaching. 3. There was a tendency for greatest N03-N leaching in spring and fall, not in summer. 4. All cultural practices, including fertilization and irrigation are important to reduce nutrient movement from turfgrass. 5. Even at high rates imposed in this study, N03-N leaching did not exceed 1.3% of the applied N in St Augustinegrass. The Foundationfor The Gator Nation An Equal Opportunity Institution 6. Turfgrass quality and health were adequate with the current UF-IFAS fertilizer recommendations. Other studies have shown that over 75% of fertilizer applied to turfgrass can be accounted for in turfgrass clippings, verdure, thatch, soil, roots, and leachate with the remainder being lost through volatilization and denitrification which results in release of nitrogen into the atmosphere (Frank, 2006). Research results have clearly shown that healthy and well- managed turfgrass can actually slow runoff and trap pollutants (Beard and Green, 1994; Schueler and Swann, 2000c; USEPA, 1992). Studies have shown the positive nutrient characteristics of turfgrass compared to bare ground or poor quality turfgrass as a result of improper or lack of fertilization, insect or disease problems or poor irrigation practices (Gross et. a!. 1990). They concluded that very low concentrations of N03-N were found below the rootzone of turf. Sediment and attached nutrient losses from established turfgrass were low due to the thick, densely matted nature of turfgrass and the hydraulic resistance provided by the erect turf stand. They conclude that properly managed and judiciously fertilized turf is not a significant source of nutrients or sediment in surface or groundwater. Healthy turfgrass, properly fertilized and watered to optimize growth, is effective in absorbing nutrients and reducing nutrient runoff. Easton and Petrovic (2004) have shown that doubling the amount of turfgrass shoots in a lawn reduces the amount of runoff by 67% and increased infiltration by 65%. And, on sites with moderate to low potential for runoff, high maintenance lawns had about half the amount of phosphorous runoff compared to unfertilized low maintenance lawns and wooded sites (Easton and Petrovic 2004). Turgeon (2008) showed that warm-season turfgrasses are most active, thus absorbing the most nutrients, during the summertime temperatures, due to low photorespiration rates which . allow for higher net photosynthesis and more shoot and root growth. Fertilizer applied to turfgrass during the summertime is used by turfgrasses and landscape plants to produce healthy shoots and roots responsible for the absorption and assimilation (conversion of nutrients into carbohydrates, proteins and amino acids through photosynthesis). In some cases, Iron may be used to enhance the green color of turfgrass but it will not serve as a substitute for nitrogen deficiency (Trenholm et a!., 2010). While both Fe and N deficiencies result in yellowing of turfgrass, they are distinctly different deficiencies in plants. Applying iron will not cure yellowing of turfgrass due to an N deficiency and iron fertilizer is not a substitute for N fertilizer. Foliar iron fertilizers such as Fe sulfate or chelated Fe solutions will help cure Fe deficiencies, and N fertilizers applied according to BMPs will cure N deficiencies. Kussow (2008) has shown that nitrogen runoff was increased 25% when turfgrass was not fertilized for 2 years compared to properly fertilized turfgrass. Fry et a!. (2004) showed that regular fertilizer nitrogen applications during the summer months are necessary to maintain turfgrass stand density which has been shown to reduce runoff and leaching (Easton and Petrovic, 2004). After a thorough review of the scientific literature, we are unable to find any peer reviewed scientific publications demonstrating high levels of runoff or leaching during periods of active turfgrass growth provided the proper fertilizer rate and watering practices from UF-IFAS are used. Research clearly demonstrates that the most important time to fertilize warm- The Foundation for The Gator Nation An Equal Opportunity Institution season turfgrass with the least amount of leaching and runoff is during the summer months when the roots and plants are actively growing and can absorb the nutrients. Scientific studies demonstrate: 1. Healthy turfgrass absorbs the majority of nutrients when applied at recommended rates, thus minimizing leaching and runoff from landscape surfaces. 2. Absorption of applied nutrients is greatest during periods of active plant growth. 3. Leaching and runoff are greatest during Fall, Winter and early Spring. 4. Irrigation at levels recommended by UF-IFAS supports the growth of turfgrass leaves and roots which subsequently reduces leaching and runoff since the roots absorb applied nutrients'. Overwatering or under-watering prevents root growth and reduces the nutrient absorption effectiveness. 5. Proper fertilization is needed to maintain a strong, expansive root mass to absorb nutrients, especially during periods of active growth. Leaching and runoff increase as fertilizer rates are increased above the rates recommended by UF-IFAS and established in the FDACS fertilizer rule. 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. If more stringent Collier County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. 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 need to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. These recommendations are consistent with FDEP Chapter 62-340 Model Landscape Draft Ordinance. Also, the recommendation is in compliance with the UF-IFAS Florida Friendly Landscaping recommendations (Florida Yards and Neighborhoods Handbook, 2009, page 45). The UF-IFAS recommendations in this edition of the Florida Yards and Neighborhoods Handbook supersede all previous Florida Yards and Neighborhoods recommendations. Care should be used in turfgrass and plant selection in the fertilizer free zone. Turfgrass and plant selection should slow the flow of water from the landscaped area to the water. Studies have shown that runoff was reduced by dense turf (Easton and Petrovic, 2002; Gross et aI., 1990; 1991). Erosion in urban landscapes can be a serious problem resulting in loss of topsoil and the associated nutrients. Reducing the velocity of runoff water with dense, healthy turfgrass will increase infiltration and result in groundwater recharge (Blanco-Canqui et aI., 2004; 2006; Easton and Petrovic, 2004). Healthy turfgrass captured runoff that contained nutrients and displaced soil from a 10% slope. Capturing the runoff allowed time for nutrient uptake by the turfgrass, reducing the N concentration in the runoff to the concentration in the The Foundationfor The Gator Nation An Equal Opportunity Institution rain water (Erickson et aI., 2001). Bare-soil areas are most prone to soil erosion that carries nutrients with the displaced soil. 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 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. As noted, these recommendations are consistent with FDEP Chapter 62-340 Model Landscape Draft Ordinance. Also, the recommendation is in compliance with the UF-IFAS Florida Friendly Landscaping™ recommendations (Florida Yards and Neighborhoods Handbook, 2009, page 45). The UF-IFAS recommendations in this edition of the Florida Yards and Neighborhoods Handbook supersede all previous Florida Yards and Neighborhoods recommendations. SECTION EIGHT: FERTILIZER CONTENT AND APPLICATION RATES (a) Fertilizers Applied to Turf and/or Landscape Plants within Collier County shall contain no less than fifty percent (50%) Slow Release Nitrogen per Guaranteed Analysis Label. (b) Fertilizers should be applied to Turf and/or Landscape Plants at the lowest rate necessary. No more than four (4) Ibs. of nitrogen per 1000 ft2 shall be applied to any Turf/landscape area in any calendar year. (c) 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. (d) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above for turf, or in UF/lFAS recommendations for landscape The Foundationfor The Gator Nation An Equal Opportunity Institution plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. Fertilizers can be supplied in soluble (fast) or slow- or controlled-release forms. Controlled- release fertilizers have been shown to be effective for producing healthy turfgrass (Sartain, 1981; 2008; Petrovic, 1990) and reducing the potential for nutrient losses (Saha et aI., 2007; Snyder et aI., 1984) from lawn- grasses. Similarly, research also shows that properly managed soluble N sources can result in low leaching losses. This result was observed by Sartain (2008) and Quiroga-Garza et al. (2001). The latter authors found that highly insoluble N sources reduced N leaching losses but had negative impacts on turf growth and health. These authors, however, pointed out that a trade-off between turf color and N leaching may be important, i. e., lighter green turf color is associated with reduced N leaching losses, which may be an important consideration in the turfgrass system. They determined that proper N fertilization and irrigation practices, even with soluble N sources, can avoid risks of N leaching losses. At the present time, research shows that total soluble nitrogenous fertilizers may leach from turfgrasses when applied at high rates (higher than recommended by UF-IFAS and included in the FDACS fertilizer rule). Based on available scientific results, it is most reasonable to limit application to 0.7 pounds of soluble nitrogen fertilizer per application (30% slow release) as stated in the FDACS Fertilizer Rule. The UF-IFAS Florida Friendly Landscaping ™ program recommends the use of 30% SRN fertilizer (at the 1 pound application rate) until scientific documentation demonstrates the effectiveness of higher levels of SRN on turfgrass and the ultimate fate (leaching and runoff) with these fertilizers over multiple years (Florida Yards and Neighborhoods Handbook, 2009). In other words, there is no multi-year documentation that use of fertilizers containing 50% slow release will reduce leaching or runoff from turfgrass while maintaining healthy turfgrass at fertilizer rates allowed by state law (FDACS Fertilizer Rule 5E-1.003(2), 2007). As shown above, soluble fertilizer applied at recommended rates had low leaching rates. 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. The Foundationfor The Gator Nation An Equal Opportunity Institution (e)ln no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. These practices are supported scientifically and are included the UF-IFAS Florida Friendly Landscaping recommendations (Florida Yards and Neighborhoods Handbook, 2009). 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. Proper disposal of yard waste is critical to maintaining water quality. Nationally, yard trimmings comprised 12 percent of the total tonnage of municipal solid waste generated in 2000, second only to paper products (USEPA, 2005). Studies show there is considerable potential nutrient load from plant debris in the urban environment that can add significant amounts of nutrients to the storm water. Plant debris should be removed from impervious surfaces (street sweeping, blowing) or mulched and put back into the lawn with mulching mowers as soon as possible because water (rain) can easily and rapidly extract nutrients from the leaf debris (Strymchuck et aI., 2004). For this reason, the UF-IFAS Florida Friendly Landscaping program and Florida Yards and Neighborhoods promotes the recycling of yard waste as one of the nine landscaping principles (Florida Yards and Neighborhoods Handbook, 2009). SECTION TWELVE: TRAINING (a)AII 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. UF-IFAS through the Center for Landscape Conservation and Ecology and the Florida Friendly Landscaping™ program are offering GIBMP training (a six-hour training program) to all professional applicators statewide. An on-line version of the training The Foundation for The Gator Nation An Equal Opportunity Institution program is available also. The training program has been approved by FDEP and individuals completing the course and passing an exam receive a Certificate of Completion. References: Beard, J.B. and R.L. Green. 1994. The Role of Turfgrasses in Environmental Protection and their Benefits to Humans. Journal of Environmental Quality 23:452-460. Bierman, P. M., B. P. Horgan, C. J. Rosen, A. B. Hollman, and P. H. Pagliari. 2010. Phosphorus runoff from turfgrass as affected by phosphorus fertilization and clipping management. J. Environ. Qual. 39:282-292. Blanco-Canqui, H., C. J. Gantzer, S. H. Andersen, 2006. Performance of grass barriers and filter stips under interrill and concentrated flow. J. Environ. Qual. 35: 1969-1974. Blanco-Canqui, H., C. J. Gantzer, S. H. Andersen, and E E Alberts. 2004. Grass barriers for reduced concentrated flow induced soil and nutrient loss. Soil Sci. Soc. Amer. J. 68:1963- 1972. Easton, Z. M. and A. M. Petrovic. 2004.. Fertilizer Source Effect on Ground and Surface Water Quality in Drainage from Turfgrass. J. Environ. Qual. 33: 645 - 655. Erickson, J. E., J. L. Cisar, J. C. Volin, and G. H. Snyder. 2001. Comparison of nitrogen runoff and leaching between newly established St. Augustinegrass turf and an alternative residential landscape Crop Sci. 41: 1889-1895. Erickson, J. E, J. L. Cisar, G. H. Snyder, D. 2008. Does a mixed-species landscape reduce inorganic-nitrogen leaching compared to a conventional St. Augustinegrass lawn? Crop Science, Vol. 48: 1-9. Erickson, J. E, D M. Park, J. L. Cisar, G. H. Snyder, A. L. Wright. 2010. Effects of Sod Type, and fertilization on Nitrate-Nitrogen Leaching and Orthophosphate-Phosphorous' Leaching from Newly Established St. Augustinegrass Sod. Crop Science: 50:1030 - 1036 Florida Department of Agriculture and Consumer Services. 2007. Rule 5E-1.003(2). Labeling requirement for urban turf fertilizers. http://www.flaes.orq/pdf/ Urbun_ Turf_Fertilizers_Rule.pdf. Florida Yards and Neighborhoods Handbook. 2009. University of Florida -IFAS Extension. Gainesville, FL. (Recommendations in this edition supersede all previous recommendations). Frank, K. M., K.W. O'Reilly, J.R. Krum and R.N. Calhoun. 2006. The Fate of Nitrogen Applied to a Kentucky Bluegrass Turf. Crop Science. 46: 209 - 215. Fry, J. and B. Huang. 2004. Applied Turfgrass Science and Physiology. Wiley: Hoboken, New Jersey. p. 223. The Foundationfor The Gator Nation An Equal Opportunity Institution Gross, C.M., J.S. Angle, R.L. Hill and M.S. Welterlen. 1990. Nutrient and Sediment Losses from Turfgrass. J. Environ. Qual. 19: 663 - 668. Guillard K. and K. L. Kopp. 2004. Nitrogen Fertilizer Form and Associated Nitrate Leaching from Cool-Season Lawn Turf. J. Environ. Qual. 33:1822-1827. Kussow, W. R. 2008. Management Practices Affecting Nitrogen and Soluble Phosphorous Losses from an Upper Midwest Lawn. In: The Fate of Nutrients and Pesticides in the Urban Environment Vol. 997. M. T. Nett, M. J. Carroll, B. P. Horgan, and A. M. Petrovic (eds.) American Chemical Society, Washington, D.C. 2008. Moss, J.Q., G.E Bell, D.L. Martin and M.E Payton. 2007. Nutrient Runoff from Bermudagrass Golf Course Fairways Following Aerification. J. Applied Turfgrass Science. Online. Pearl, H., V. Paul and J. M. O'Neil. 2010 . Coastal algae impact the coasts of Florida. University of Maryland Center for Environmental Studies, Cambridge MD. Petrovic, A. M., and Z. M. Easton. 2005. The role of turfgrass management in the water quality of urban environments. Int'I. Turfgrass Soc. Res. Jour. 10: 55-69. Protecting Water Quality from Urban Runoff. 2003. U. S. Environmental Protection Agency Publication 841-F-03-003. Washington, DC Raciti, S. M., P. M. Groffman, and 1. J. Fahey. 2008. Nitrogen retention in urban lawns and forests. Ecological Applications. 18: 1615-1626. Schueler, T., and C. Swann. 2000c. Urban Pesticides: From the Lawn to the Stream. Watershed Protection Techniques 2(1):247-253. Strynchuk, Justin, John Royal and Gordon England. 2004. Grass and Leaf Decomposition and Nutrient Release Study under Wet Conditions. Proceedings of the Joint Conference on Water Resource Engineering and Water Resources Planning and Management 2000. 431 pg. American Society of Civil Engineers. Reston, VA USA. Trenholm, L. E., J. K. Kruse and J. B. Unruh. 2010. The Fertilizer Toolbox. UF-IFAS EDIS publication 1174. Trenholm, L. E, J. B. Unruh and J. B. Sartain. 2011. Nitrate leaching and turf quality in established 'Floratam' St. Augustinegrass and 'Empire' Zoysiagrass. Crop Science: (Accepted for Publication) Turgeon, A. J. 2008. Turfgrass Management, 8th ed. Pearson Education, Inc. Upper Saddle River, N.J. U.S. Environmental Protection Agency (USEPA). 1992. Healthy Lawn, Healthy Environment: Caring for Your Lawn in an Environmentally Friendly Way. 700-K-92-005. Office of Prevention, Pesticides and Toxic Substances. The Foundationfor The Gator Nation An Equal Opportunity Institution U.S. Environmetal Protection Agency (USEPA). 2005. National Management Measures to Control Nonpoint Source Pollution from Urban Areas. EPA-841-B-05-004. U.S. Environmental Protection Agency (USEPA). 2010. Pet Waste Management. Public Education and Outreach on Stormwater Impacts. http://cfpu b. epa. qov/n pdes/stormwater/men uofbmps/index. cfm ?action =browse&Rbutton=deta i1&bmp=4&minmeasure=1 Zarbock, H., A. Janicki, D. Wade, S. Janicki and R. Pribble. 1996. Model-Based Estimates of Total Nitrogen Loading to Tampa Bay. Technical Report 05-96. Tampa Bay Estuary Program, Tampa, FL. Sincerely, c-- -=-:::L~ /2 -V}ee::< Terri! A. Nell, Chair, Environmental Horticulture Department and Director, Center for Landscape Conservation and Ecology The Foundafionjor The Gator Nation An Equal Opportunity Institution ORDINANCE NO. 11- 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 13 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 ofCoIlier 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 13 "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 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/or Protection o/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. 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.orgl rain/. and forecast keyword "likely". http://www.wrh.noaa.gov I sew IMecliaGuide/TermsOutlooks_ Watches_ Wamings.pdf. Page 3 of 13 "Specialized Turf Managers" means landscape manager of non agricultural land planted exclusively for golf couse. 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 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 (l0) 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 on feet shall be maintained. Newly planted turf and/or landscape plants mav be fertilized in this Zone only for a sixty (60) dav period beginning 30 davs after planting if needed to allow the plants to become well established. Fertilizer shall not be applied to native vegetated buffers required bv Collier County Land Development Code section 3.05.07F.3.f. Caution shall be used to prevent direct deposition of nutrients into the water. Page 4 of 13 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 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 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. SECTION NINE: APPLICATION PRACTICES (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Oeflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands. Page 5 of 13 (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 storm water 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; (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 Page 6 of 13 adhered to. Collier County may take enforcement action in accordance with Section 14 of this Ordinance: (e) all Specialized Turf Managers provided that fertilization is based on the provisions of RULE 5E-1.003(2)(d), F.A.C. and UFIIFAS Publication #SL 191 . while maintaining the health and function of their Specialized Turf areas. SECTION TWEL VB: 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/or Protection o/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/or Protection o/Water Resources by the Green Industries ", offered by the Florida Department of Environmental Protection through the University of Florida IF AS "Florida-l 0 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. Page 7 of 13 (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 Jawns, 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 (Municipality! County) for the administration and enforcement of section 403.9337, Florida Statutes, and the corresponding sections ofthis ordinance, and to further water conservation and nonpoint pollution prevention activities. SECTION FIFTEEN: EFFECTIVE D.^~TE PENALTIES (a)For any violation or alleged violation of this article, the director of animal services. deputy sheriff, municipal police officer; or other enforcement officer empowered to enforce this article, may issue to the owner of (or to the person in custody of) the animal a written warning statement. (b)For a violation of Section 14-32 of this article, the director of animal services, deputy sheriff, Page 8 of 13 municipal police officer, or other enforcement officer empowered to enforce this article, may issue to the owner of (or to the person in custody of) the animal a written warning statement under which the recipient must come into compliance within seven days of receipt. Failure to comply may result in issuance of a citation. (c)For any violation of section 14-33 ofthis article, the director of animal services. deputy sheriff. municipal police officer, or other enforcement officer empowered to enforce this article, may issue to the owner of (or to the person in custody of) such animal a notice of violation, A fine of$25.00 is to be paid to animal services within 72 hours, excluding Saturdavs, Sundays and legal holidays. Ifthe notice of violation' fine is not paid within the prescribed time. a citation may be issued. (d)A violation of this article is a civil infraction as provided in F.S. ~ 828.27. For anv violation of this article, the director of animal services, deputy sheriff, municipal police officer. or other enforcement officer empowered to enforce this article, may issue to the owner of ( or to the person in custody of) such animal a citation. (1 ) A citation issued bv an animal control enforcement officer under the provisions of this section shall be in a form prescribed by the board. Such citation shall contain all known information required by F.S. & 828.27, including the date and time of issuance ofthe citation: name and address of the person in violation: the date of the violation: description of the animal involved: the section or sections of this article, or subsequent amendments, violated: the facts constituting probable cause: name and authority of the citing enforcement officer: also the procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear before the special magistrate when a mandatory appearance is required as specified in the citation or when scheduled by the code enforcement department, in which case there is no option but to appear before the Page 9 of 13 special magistrate: the applicable civil penalty if the person elects not to contest the citation and the applicable civil penalty if the person elects to contest the citation: also a conspicuous statement of the effect of failure to promptly pay the fine or appear before the special magistrate or in court. Subiect to the limitations now or hereafter specified in F.S. & 828.27. a mandatory special magistrate or court appearance may be required by the issuing officer. Mandatory appearances before a special magistrate may also be ordered by the special magistrate as specified in this section, or as otherwise within the special magistrate's authority. (2)Upon conviction of any civil infraction, the violator shall be punished by a fine not to exceed $500.00 in the discretion of the court or special magistrate, as applicable. Each day ofthe violation or noncompliance as to each animal shall be considered as a separate and distinct offense. In addition, any person convicted under any provisions of this article shall pay all costs and expenses involved in the case. (3)Each violator shall be required to pay an administrative surcharge 0[$5.00, plus a $2.00 surcharge to pay the costs ofthe 40-hour minimum standards training course for animal control enforcement officers for each cited violation. (4)Each person or entity that commits one or more civil infraction(s) under this article, but does not contest the citation. shall pay a fine for each such separate offense as follows: a. Nonaggravated violations. Fines for an uncontested citation of violation of an v provision of this article, except anv aggravated violation described in subsection b., below and as defined above, are as follows: l.First citation: $100.00 for each first offense. 2.Second citation: $200.00 for each second offense. Page 10 of 13 3.Third (or more) citation: $300.00 for each such offense if a mandatory appearance is not required by the animal control enforcement officer named on the citation. If a mandatory appearance is required by the animal control enforcement officer named on the citation, the recommended fine should be more than $350.00, but not more than $500.00. The amount of the fine( s) shall be as detennined by the special magistrate or other trier of fact. A mandatory appearance shall be required for each third and each subsequent citation if the violator has not at the time of issuance of the citation paid all fines and all surcharges for all prior citations. b.Aggravated violations. A violation of subsection 14-37(d): subection 14-33(a)(9) or (0): or subection 14-34(a), shall be considered an aggravated violation. For each uncontested aggravated violation, the fines and appearance obligations are as follows: 1.First citation: $250.00 for each first aggravated violation. 2.Second citation: $350.00 for each second aggravated violation and a mandatory appearance before the Special Magistrate. 3.Third (or more) citation (s): A mandatory appearance and a recommended fine of more than $400.00 but not more than $500.00 for each such aggravated violation. The amount of such fines shall be determined by the Special Magistrate or other trier of fact. (5)A person who is required to appear does not have the option of paying the fme instead of appearing before the Special Magistrate. (6)A citation that is dismissed by the county, or bv the Special Magistrate or by other trier of fact, shall not count as a prior citation for the purpose of determining the number of prior citations issued to that violator. (7)The violator's failure to pay the fine, and/or to timely request a hearing before the Special Magistrate may result in an admission of guilt. The code enforcement department shall give Page 11 of 13 notice to the violator that a hearing will be conducted concerning the alleged violation(s) and/or unpaid fmes. The notice shall be in similar form to that described in the Collier County Code Enforcement Special Magistrate Ordinance and state the time and place of the hearing, as well as the violation( s) which are alleged to exist and/or the accruing fine amount, if applicable. The Special Magistrate's findings shall be reduced to writing and recorded in the official records. SECTION SIXTEEN: EFFECTIVE OATE 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. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Chairman , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney Page 12 of 13 Page 13 of 13