Agenda 06/14/2011 Item #10B
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6/14/2011 Item 10.8.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (Board) direct the County Manager or
designee to develop a fertilizer ordinance. (Mac Hatcher, Sr. Environmental Specialist, Growth
Management DivisionlPlanning & Regulation)
OBJECTIVE: To have the Board direct the County Manager or designee to draft a Florida-Friendly Use
of Fertilizer on Urban Landscapes for Collier County as required by Section 403.9337(2), Florida Statutes
for subsequent consideration by the Board.
CONSIDERATIONS: Section 403.9337(2), Florida Statutes requires all counties and
municipalities with Florida Department of Enviromnental Protection (FDEP) designated
impaired waters to adopt and enforce at a minimum the Model Ordinance for Florida-Friendly
Fertilizer Use on Urban Landscapes for the protection oflocal surface and groundwater quality.
County staff has conducted 9 meetings with stakeholder groups, including 3 meetings before the
Environmental Advisory Council (EAC) and 3 meetings before the Collier County Planning
Commission (CCPC). County staffalso solicited the input of the Florida Department of
Environmental Protection (FDEP), Florida Department of Agriculture and Consumer Services
(DACS), and the University of Florida Institute for Food and Agricultural Sciences (IF AS) on
the more stringent standards recommended by the EAC.
County staff recommends the adoption of the provisions of the state model ordinance as
contained in the attached proposed ordinance. The adoption of more stringent provisions .
requires the consideration of input from the FDEP, DACS, and IFAS. The State agency input
did not support more stringent provisions but instead provided scientific support for the Model
Ordinance. The state agency comment letters are attached. Both FDEP and IF AS accepted the
inclusion of LDC required buffers that are adjacent to water bodies or wetlands in the Fertilizer
Free Zones and the clarifying language in the Exemptions for golf courses and Specialized Turf
Managers.
The EAC and CCPC, however, are recommending provisions that are more stringent than the
state model ordinance. The Southwest Florida Regional Planning Council (RPC) adopted
Resolution 07-01 which provided more stringent recommendations to local jurisdictions and sent
a November 18, 2010 letter requesting the adoption of a fertilizer ordinance at least as protective
as the state 20 10 model. Also, the City of Naples passed Resolution 11-12883 (attached)
requesting the Board to adopt an ordinance analogous to the City's. The primary areas of more
stringent standards are listed in the table below. The attached table details the recommendations
by the EAC and CCPC and the provisions of the City of Naples and Lee County existing
Ordinances.
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6/14/2011 Item 10.8.
Primary Areas of More Stringent Standards
Nitrogen Slow Water
Limit Release Buffers
4 lbs > 70 % 25 ft
4lbs > 50 % 10ft
41bs > 50 % 10 ft
4 lbs > 50 % 10ft
4 lbs > 50 % 10ft
Per Label Na 10 ft*
Prohibited
Period
Jul - Sep
Jun - Sep
Aug - Sep
Jun - Sep
Jun - Sep
Watch**
RPC
EAC
CCPC
C of Naples
Lee County
ModelOrd.
* 10 feet unless a deflector shield, drop spreader is used, then 3 foot minimum
** Hurricane, Tropical Stom1, or Flood Watch or Warning, or> 2 inch rain predicted
FISCAL IMP ACT: The direct impact of the recommendation contained in this Executive Summary is
the legal advertising of a proposed ordinance at the cost of approximately $600. Once adopted, the
Fertilizer Ordinance will be enforced with existing Code Enforcement staff. Educational efforts will be
accomplished with existing Land Development Services staff.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is
legally sufficient. A majority vote is required for passage, STW
GROWTH MANAGEMENT IMPACT: Development and adoption of the ordinance will contribute to
the protection of water quality required in Conservation and Coastal Management Element Objectives 2.2
and 2.3.
RECOMMENDA nON: That the Board direct the County Manager or designee to develop a Collier
County Florida-Friendly fertilizer ordinance based on the 2010 Model Ordinance for Florida-Friendly
Fertilizer Use On Urban Landscapes for subsequent consideration by the Board.
Prepared By: Mac Hatcher, Senior Environmental Specialist
Attachments:
1. Draft Collier County Fertilizer Ordinance
2. FDEP Collier County Fertilizer Ordinance Comment
3. DACS Collier County Fertilizer Ordinance Comment
4. IF AS Collier County Fertilizer Ordinance Comment
5. Southwest Florida Regional Planning Council Resolution 07-01
6. Southwest Florida Regional Planning Council Memo
7, City of Naples Resolution 11-12883
8. Summary Table ofEAC, CCPC and City of Naples recommendations
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6/14/2011 Item 10.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.B.
Item Summary: Recommendation that the Board of County Commissioners (Board) direct
the County Manager or designee to develop a fertilizer ordinance. (Mac Hatcher, Sr.
Environmental Specialist, Growth Management Division/Planning & Regulation)
Meeting Date: 6/14/2011
Prepared By
Name: HatcherMac
Title: Environmental Specialist, Senior,Engineering & Env
5/20/2011 5:20:43 PM
Submitted by
Title: Environmental Specialist, Senior,Engineering & Env
Name: HatcherMac
5/20/2011 5:20:44 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 5/24/2011 3:33:29 PM
Name: LorenzWiIIiam
Title: Director - CDES Engineering Services, Comprehensive
Date: 5/25/2011 4:07:24 PM
Name: KurtzGerald
Title: Project Manager, PrincipaI,Transportation Engineer
Date: 5/25/2011 6:02:31 PM
Name: WiIIiamsSteven
Title: Assistant County Attorney,County Attorney
Date: 5/26/2011 3:55:57 PM
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6/14/2011 Item 10.8.
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 5/26/2011 4:32:37 PM
Name: MarceIlaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/31/2011 3:54:05 PM
Name: Williams Steven
Title: Assistant County Attorney,County Attorney
Date: 6/1/2011 1 :57:49 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/1 /20 11 3 :41 :05 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 10:44:44 AM
Name: OchsLeo
Title: County Manager
Date: 6/6/2011 12:14:31 PM
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6/14/2011 Item 10.8.
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
detelmined 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 lvlanagement Practices for Protection of Water Resources by the Green Industries,
2008, " shall 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
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6/14/2011 Item 10.8.
requires the use of Best Management Practices which provide specific management guidelines to
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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. 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 or 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 tenns 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.
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"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, detern1ined 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 firn1
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.
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6/14/2011 Item 10.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 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 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 ifheavy 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 Practicesfor 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 mallaooet' of non agricultural land planted exclusively
for golf course, parks, or athletic fields.
1 World Meteorological Organization definition of heavyrain: Rainfall greater than or equal to 50 nun (2 inches) in a 24 hour period.
http://severe.W)rldv.mther.org/rain/, and forecast keyv.Drd '1ikely",
http://www.wrh.noaagov /sew/MediaGuide/T ermsOutlooks_ Watches_ Waming<;.pdf.
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6/14/2011 Item 10.B.
"Turf," "Sod," or "Lawn" means a piece of grass-covered soil held together by the roots ofthe grass.
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"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 ofthis 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
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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 ofa 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 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
nutrients into the water.
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6/14/2011 Item 10.8.
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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 must 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 Tll1j 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 penuanent erosion control in an emergency situation (wildfire, etc.), or in accordance
with the Stonllwater Pollution Prevention Plan for that site.
(c) Nitrogen or phosphorus fe11ilizer 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 N1NE: 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 fi'om all impervious
surfaces, fertilizer-free zones and water bodies, including wetlands.
. (b) Fe11ilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
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6/14/2011 Item 10.B.
(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.
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(d) Fertilizer released on an impervious surface must be immediately contained and either legally
applied to turf or any other legal site, or retumed 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 MATTER
In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or
blown off into stomlwater 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
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The provisions set forth above in this Ordinance shall not apply to:
(a) bona fide farm operations as defined in the Florida Right to Fann 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 stonnwater, water quality, agronomics, or horticulture.;.
(d) all golf courses provided that landscaping is done within the provisions of the Florida
Department ofEnvironrnental Protection document, "Best Management Practices for the
Enhancement ofEnviromnental 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
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6/14/2011 Item 10.8.
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Ordinance;
(e) all Specialized Turf Managers provided that fertilization is based on the provisions of RULE
5E-l.003(2)(d), F.A.C. and UF/IF AS Publication #SL 191 , while maintaining the health and
function of their Specialized Turf areas.
SECTION TWELVE: TRAlNTNG
(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 Practicesfor 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 IF AS 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 lvlanagement Practices for Protection of Water Resources
by the Green Industries ", offered by the Florida Depa11ment of Environmental Protection through the
University of Florida IF AS "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
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 fe11ilizer,
evidence of celtification by the Florida Department of Agriculture and Consumer Services as a
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Commercial Fertilizer Applicator per 5E-14.117(18) F.A.C.
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6/14/2011 Item 10.8.
(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.
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SECTION FIFTEEN: PENALTIES
Enforcement of the terms of this Ordinance shall be pursuant to the Consolidated Code
Enforcement Ordinance (Ordinance 201 0-04,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 ofthe violation.
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6/14/2011 Item 10.B.
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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 Cl erk
, Chainnan
Approved as to fonn and
legal sufficiency:
Steven T. Williams
. Assistant County Attorney
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6/14/2011 Item 10.B.
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Florida Departlnent of
Envirolunental Protection
Rick Scott
Govemor
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Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Jennifer Can"oll
LL Govemor
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Herschel T. Vinyard, Jr.
Secretary
February 8, 2011
Collier County
Attn: Mac Hatcher, Senior Environmental Specialist
3299 Tamiami Trail E
Suite 202
Naples, FL 34112
Dear :Mr. Hatcher:
Thank you for your request dated February 3, 2011 seeking input from the Deparbnent
on additional provisions to your proposed fertilizer ordinance that are more stringent
than those required by section 403.9337, Fla. Stat. Collier County is to be commended
for their recognition of the need for improved local source control of nutrient pollution.
Florida's model fertilizer ordinance for urban turf was developed to be used in
conjunction with other measures of good stewardship. It is also recognized that in
some areas of the state the best management practices provided in the ordinance must
be amended to account for unique, site specific conditions that make adjacent sUl"face
water resources more vuh1erable to nuh-ient enrichment. Florida Statue 403.9337
acknowledges these points and provides local governments the authority to amend the
ordinance with more shmgent requirements. TIns authority is granted contingent upon
documentation of those site specific conditions associated with increased vulnerability
and documentation that complementary measures to the ordinance (a comprehensive
non-point source control program) have been implemented.
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The Department has reviewed the ordinance and identified four items as more stringent
than the 2010 draft model ordinance. TI10se provisions, addressed individually below,
are:
. Application of fertilizer containing N or P is prohibited June 1 - Septen1ber
30.
. Application is prohibited within 10 feet of a waterbody.
. Total Nitrogen application is limited to 41b/1000ft2 per year.
. All Nih"ogen fertilizer shall not be less than 50% water insoluble, or slow
release, forms.
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6/14/2011 Item 10.8.
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Mr. Hatcher
Page 2
February 8, 2011
Application of fertilizer containing N or P is prohibited June 1 - September 30.
111e provision for a June I-September 30 ban on application is substantially more
stringent than the Model Ordinance. The current state of scientific knowledge to
fully inform this decision is not complete. While it is intuitive that the potential
for stormwater runoff is increased during the rainy season, there are other factors
to consider in defining the effect of such a ban.
A black out period may unintentionally result in over-application of fertilizer in
the days and weeks before and after the blackout period when rainfall can be
significant. 11Us is especially a possibility in the fall when turfgrasses are
entering dormancy due to decreased sunlight and lower temperatures. Over-
fertilization during this period results in less metabolic activity and lower
nitrogen uptake into the plant.
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However, even under natural conditions, some soils have little if any capacity to
absorb additional water without generating runoff and both irrigation and
fertilizer should be managed carefully during this period. Scientific estimates of
the aerial extent of such soil conditions within Collier County are valuable
information in the documentation of the need for more stringent requirements.
"Where such conditions are documented to exist within the county the following
information would demonstrate a comprehensive approach.
. Documentation of irrigation restriction established by the county to
maintain a modest irrigation deficit dUl"ing these months to ensure that
adequate capacity is available to absorb more intense rainfall events when
they occur.
. Documentation of steps taken for de-compaction of residential and other
landscape soils that have been compacted through poor construction
practices or other means to increase soil moistul"e holding capacity and
minimize runoff dUl'ing wet periods.
. Documentation of measures to ensure that citizens are aware that
fertilizers should not be applied to saturated soils or when there is a high
likelihood of substantial rainfall before the nuh'ients can be absorbed by
the plants or otherwise immobilized.
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The Deparbnent would also like to note an error in the Conservancy report in
which it is stated that about one half of southwest Florida's rain events
conhibute one inch or more of rain, and refer to Figure 3 by Dr. Thomas. Dr.
1110mas points out that t1Us is a slide of volume, not event frequency. Only
13.6% of events at Ft. Myers exceeded 1 inch of rainfall, according to Table 3.2 of
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Mr. Hatcher
Page 3
February 8, 2011
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the 2007 Harper report. However, those events do contribute about 50% of the
annual volume of rain received.
Application is prohibited within 10 feet of a waterbody.
The model ordinance relied on the Department's Green Indusrry Best
Management Practices manual, which allows professionals with a functioning
deflector shield, drop spreader, or knife-edge spray device to approach as close
as three feet to a waterbody where permitted by land use and landscaping codes.
The manual recommends alO foot application prohibition when not using such
equipment.
The Department notes that the minimum upland buffer from wetlands in the
Collier Land Development code is 25 feet, but similar natural vegetative setbacks
could not be found for other waterbodies. While stricter than tlle model, tlle
proposed 10-foot setback is consistent with adjacent communities. Such
consistency may help businesses avoid confusion when operating in multiple
jurisdictions. TIle 10-foot setback is also consistent with the FloridaYards and
Neighborhoods Handbook, written for homeowners.
Total Nitrogen application is limited to 41b/1000ft2 per year.
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TIns provision does not correspond to tlle Urban Turf Rule, upon wInch
manufacturer inshllctions are based. TIle stricter standard may require
homeowners to perform unfamiliar matllematical calculations to determine
allowable application rates tllat are different tllan manufacturer's inshllctions on
the bag. Additionally, tllis standard is lIb less than the minimum UF-IF AS and
Urban Turf Rule recommendation for Bermudagrass in south Florida.
All Nitrogen fertilizer shall not be less than 50% water insoluble, or slow release,
forms.
TIns provision is more stringent than tlle model ordinance and does not
correspond to tlle Urban Turf Rule. It may require homeowners to read
unfamiliar details of chemical labeling to determine if a legally-sold product is
legal for them to use. Homeowners would also be required to know which
chemical constituents are slow-release. TIle Department's Green Indusrry Best
Management Practices is more stringent than tlle Urban Turf Rule; however, it is
written for professionals who attend a six-hour training course addressing tllese
and other issues.
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6/14/2011 Item 10.8.
Mr. Hatcher
Page 4
February 8, 2011
Additionally, this provision may inhibit the ability of homeowners to provide
immediate rreatment to damaged or injured plants or provide for rapid growth
for annuals or new plantings (after roots are established). It may also make
impossible the use of commercial fertigation or other low-dose but frequent
applications, which may be more cost-effective but no less environmentally
responsible.
TIle collective actions of Collier County to prevent nub:ient loadings into adjacent
surface waters are recognized and appreciated. Adoption of a local ordinance for urban
fertilizer use will enhance the ah-eady implemented elements of the county's
stormwater conh'ol program. I hope you find th.e comments offered above to be of
assistance in demonsrrating consistency with the expectations established in Florida
Statutes 403.9337.
Sincerely,
TIlomas M. Frick
Chief, Bureau of Watershed Restoration
TMF/mt
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6/14/2011 Item 10.B.
DIVISION OF AGRICULTURAL
ENVIRONMENTAL SERVICES
(8;0) 617-7900
THE CONNER BUILDING
3125 CONNER BOULEVARD
TALLAHASSEE, FLORIDA 32399-1650
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FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER ADAM H. PUTNAM
March 2,2011
Mr. Mac Hatcher
Senior Environmental Specialist
Collier County Growth Management Division
Mr, Hatcher:
I have been asked by Commissioner Putnam to reply to your request to review and
comment on Collier County's draft fertilizer ordinance. We have reviewed Collier County's
proposed fertilizer ordinance and accompanying documents. Absent from the provided literature
was scientific justification sustaining the efficacy of Collier County's proposed standards more
stringent than the Department of Environmental Protection's model fertilizer ordinance.
The letter provided from the Conservancy of Southwest Florida highlighted the
perceived impacts of nutrient pollution, but did not cite scientific justification for the proposed
standards more stringent than the model ordinance. As noted in your request, the concentration
ofN migrating to surface water from native upland and undeveloped areas receiving no
fertilization is 1.15 mg/L, The concentration ofN in surface water originating from assumed
routinely fertilized residential areas is 1,18 mg/L. Based on these findings one could conclude
that the N migrating from residential turf is at the baseline of undeveloped areas therefore turf
does an efficient job of absorbing any applied N and minimizes nutrient migration to ground and
surface waters. It is imperative we do not discount the agronomic needs of turf, and turfgrass
requires a constant supply of nutrients during the active growing season to maintain its health
and vigor. The proposed adoption ofunsubstantiated standards jeopardizes turfhealth and its
filtration capabilities.
.
In the absence of scientific confirmation of the effectiveness of the proposed more
stringent standards, the Department of Agriculture and Consumer Services, endorses the
adoption of the model ordinance as written. A tremendous effort went into the development of
this document, which encompassed a broad spectrum of stakeholders and consideration of the
best available science pertaining to this issue.
1-80Q-HELPFLA
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~
Fresh
FlOrida.
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www.FreshFromFlorida.com
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6/14/2011 Item 10.8.
Page Two
Mr. Hatcher
March 2, 2011
We appreciate the opportunity to comment on the proposed Collier County fertilizer
ordinance. In the absence of definitive science supporting more stringent standards; we advocate
the adoption ofthe model ordinance as written until research demonstrates otherwise. While we
understand the need to protect and ensure Florida's water quality for future generations, we also
recognize that there must be symmetry between the environmental consequence of regulating
fertilization, and the agronomic needs of turf - the primary filtration system to ensure excessive
nutrients do not contaminate our ground and surface waters.
Sincerely,
ADAM H. PUTNAM
COMMISSIONER OF AGRICULTURE
NJL~
Weldon Collier, Program Planning Coordinator
Division of Agricultural Environmental Services
cc: Anderson H. Rackley, Director
Steve Dwinell, Assistant Director
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6/14/2011 Item 10.8.
UF FLORIDA
Institute of Food and Agricultural Sciences
E~RONMENTALHORTICULnnrn
Environmental Horticulture
1549 Fifield Hall
PO Box 110670
(352) 392-1831
Fax (352) 392-6270
http://hort.ifas.u:fl,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,lA. 2008.
The Fate of Nutrients and Pesticides in the Urban Environment, Vol. 997. Nett, M. T., Carroll,
M. J., Horgan, B. P., and Petrovic, A. M. (eds). American Chemical Society, Washington,
D.C. 2008.
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TIle Foundationfor TIle Gator Nation
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6/14/2011 Item 10.8.
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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 fertilizer 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 (N and K) turf.
UFIIFAS 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, e1. 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:
.
5.
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.
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.
There was a tendency for greatest N03-N leaching in spring and fall, not in summer.
All cultural practices, including fertilization and irrigation are important to reduce
nutrient movement from turfgrass.
Even at high rates imposed in this study, N03-N leaching did not exceed 1.3% of the
applied N in St Augustinegrass.
1.
2.
3.
4.
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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 fertjJization, insect or disease problems or poor irrigation practices (Gross
et. al. 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 aI., 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 al. (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-I F AS are
used. Research clearly demonstrates that the most important time to fertilize warm-
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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
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rain water (Erickson et aI., 2001). Bare-soil areas are most prone to soil erosion that carries
nutrients with the displaced soil.
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SECTION SEVEN: LOW MAINTENACE ZONES
A voluntary te~ (10) foot low maintenance zone is strongly recommended, but not
mandated, from any pon.d, 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: FERTILl7ER CONTENT AND APPLICATION P~TES
(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
Turfllandscape area in any calendar year.
(c) F~rtilizer 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/IFAS recommendations for landscape
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6/14/2011 Item 10.8.
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.
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6/14/2011 Item 10.8.
(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
.
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6/14/2011 Item 10.8.
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. Garitzer, 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.
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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'l. 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 T. J. Fahey. 2008. Nitrogen retention in urban lawns and
forests. Ecological Applications. 18: 1615-1626.
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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.
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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 ,spa. Qov/npdes/stormwater/men uofbmps/index. cfm ?action=browse&Rbutton=deta
il&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~ L'.2 y}ee!.<
Terri! A. Nell, Chair, Environmental Horticulture Department and
Director, Center for Landscape Conservation and Ecology
I1ze Foundationfor I11e Gator Nation
An Equal Opportunity Institution
Packet Page -191-
6/14/2011 Item 10.B.
SWFRPC Resolution #07-01
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Southwest Florid~ Regional Planning Council
Fertilizer Resolution
A RESOLUTION SUPPORTING THE REGULATED USE OF FERTILIZERS
CONTAINING NITROGEN. AND/OR PHOSPHQRUS WITHIN SOUTHWEST
FLORIDA; PROVIDING SPECIFIC RECOl\1MENDATIONS AND GUIDELINES TO
BE CONSIDERED BY LOCAL GOVERNMENT JURISDICTIONS FOR THE
REGULATION AND CONTROL OF FERTILIZER APPLICATION; PROVIDING
RECOMMEN.'DED DEFINITIONS; PROVIDING RECOMMENDATIONS ~LATING
TO TIMING OF FERTILIZER APPLICATION, CONTENT AND APPLICATION
RATE, IMPERVIOUS SURFAC:E~S,. BUFFER ZONES AND MECHANICAL
APPLICATION;. PROVIDING RECOMMENDED EXEMPTIONS; PROVIDING
RECOMMENDATIONS FOR LICENSING OF COMMERCIAL AND INSTITUTIONAL
APPLICATORS; PROVIDING RECOMMENDATIONS FOR PUBLIC EDUCATION
PROGRAMS; PROVIDING RECOMMENDATIONS RELATING TO THE RETAIL
SALE OF FERTILIZER; PROVIDING RECOMl\1ENDATIONS FOR APPEALS,
ADMINISTRATIVE RELIEF AND PENALTIES; PROVIDING FOR AN EFFECTIVE
DATE.
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"WHEREAS, Southwest Florida is a region where the water quality of the bays, estuaries,
rivers, lakes, wetlands, bayous and the Gulf of Mexico is critical to the region's environmental,
economic, and recreational prosperity and to the health, safety and welfare of the citizens of this
regIon;
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WHEREAS, recent increased frequency and duration of red tide blooms and increased
accumulation of red drift algae on local beaches and other algae and water related problems have
heightened community concerns about water quality and cultural eutrophication of surrounding
waters;
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WHE~AS, there is a need to develop ~ stronger knowledge of the connection between
activities in yards, streets, and stormwater systems and natural water bodies among all those who
live, work and recreate in the Southwest Florida Region;
WHEREAS, this resolution is part of a multi-pronged effort by the Southwest Florida
Regional Planning Council to reduce nutrient leaching and runoff problems by a~tions including,
but not limited to, stonnwater management, water conservation, septic systems, central sewage
treatment, public education, restoration of surface and groundwater levels; and regional drainage
of native habitats;
WHEREAS, nutrients are essential elements for plant growth and are commonly used in
various fofms as a Fertilizer for lawns (Turf), specialized Turf and landscape application;
'WHEREAS, leaching and runoff of nutrients from improper or excess fertilization
. practices can contribute to nitrogen and phosphorus pollution of the Southwest"Florida's wa~er
resources;
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6/14/2011 Item 10.8.
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WHEREAS, the amount of Fertilizer applied should be the minimUm necessary for the
lawn (Turf), specialized Turf and Landscape Plants to meet initial establishment .and growth
needs;
WHEREAS, it has been recognized by soil science professionals that the use of slow
. release nitrogen sources acts to minimize harmful nitrate leaching;
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WHEREAS, nitrogen from slow release sources is more likely to be used by plants and .
less likely to leach into groundwater or wash away in stormwater runoff;
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WHEREAS, the amount of Fertilizer applied and the method of application of that
Fertilizer has a great impact on the potential for creating water pollution; and
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NOW, THEREFORE, BE IT RESOLVED by the Southwest Florida Regional Planning
Council that the following provisions are recommended to local government jurisdictions in
. Soutpwest.Florida as a basis for controlling, regulating and monitoring the use and application of
Fertilizers in Southwest Florida:
SECTION 1: PURPOSE AND INTENT
. A. The Southwest Florida Regional Planning Council declares its support for
the reasonable regulation and control of Fertilizers containing nitrogen
and/or phosphorus and hereby provides specific manag.ement guidelines for
FertiliZation in order to minimize the negative environmental effects said
"Fertilizers have in aJld on Southwest Florida lakes, canals, estuaries, interior
wetlands, rivers and near shore waters of the Gulf of Mexico. Collectively
these water bodies are a natural asset, which are critical to -the
environmental, recreational, cultural and economic well being of this region.
and the surrounding areas and contribute to the generalliealth and welfare
of the public. Recent red tide blooms, accumulation of. red drift algae on
local beaches, and the freshwater releases from Lake Okeechobee via the
Caloosahatchee River have heightened community concerns about water
quality and eutrophication of estuary; bay, river and coastal waters.
Regulation of nutrients, including both phosphorus and nitrogen contained
in Fertilizer entering the water bodies in this region is a crucial step towards
improving and maintaining water and .habitat quality.
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B. . The purpose of this Resolution is to provide specific recommendations and
guidelines to be considered by local go;vernment jurisdictions in Southwest
Florida for the regulation and control of Fertilizer application containing
nitrogen and/or phosphorus.
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6/14/2011 Item 10.8.
The following are the minimum recommended definitions and the words, terms, and
phrases when used in this Resolution shall have the meanings ascribed to them in this
section, exaept where the context clearly indicates a different meaning: .
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SECTION 2: RECOMMENDED DEFINITIONS
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Applicator ~eans any Person who applies, in any manner, Fertilizer to. Turf and/or
Landscape Plants as defined in this resolution.
Blended Fertilizer means a simple physical mixture of" dry fertilizer materials. In
blended fertiliz~rs, the individual particles r~main separate in the mixture, .and there is a
potential for segregation of the nutrients.
Commercial Fertilizer Applicator means any Person :who applies Fertilizer on Turf
and/or Landscape Plants in Southwest Florida in exchange for .money, goods, services or
other valuable consideration. .
Fertilize~ Fertilizing, or Fertilization means the act of applying Fertilizer to a lawn
(Turf), Specialized Turf, or Landscape Plant.
Fe~tilizer means any substance that contains one or more recognized plant ~utrients and
promotes plant growth, or controls soil acidity or alkalinity, or provides other soil
. enrichment, or pro~des other corrective measur~s to the soil.
Granulated Fertilizer means a solid, homogenous mixture of fertilizer materials. Each
uniform-size fertilizer particle contains all of the nutrients in the grade.
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Institutional Applicator means any Person, o~er than a Non-Commercial or Commercial
_ Applicator (unless such definitions also apply und.er 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 and m~agers of public
lands, schools, parks, religious institutions, utilities, industrial or business sites and any
residential properties maintained in condominium and/or common ownership.
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La.ndscape Plant means any native or exotic tree, shrub, or groundcover (excluding
Turf).
Non-Commercial" Fertilizer Applicator means any Person other than a Commercial
Fertilizer Applicator .or Institutional Applicator who applies Fertilizer on Turf and/or
Landscape Plants in Southwest Florjda, such as an individual owner of a single-family
residential unit.
.Person means any natural Person arid shall also mean any business, corporation,
association, club, or~anization, and/or any group of people acting as an organized .entity,
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6/14/2011 Item 10.8.
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Slow Release, C01ltrolled.Rel~ase, 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 Release Nitrogen" product. Forms of Slow. Release, Controlled Release, Slowly
Available,' or Water Insoluble Nitrogen include:
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1) Isobutylidene diurea (IBDU);
2) Resin, Polymer, or Sulpher coated urea; .
3) Biosolids or residuals from domestic wastewater treatment;
4) Urea formaldehyde;
5) Composted animal manure; and, .
6) Others as may be designated by the appropriate governmental entities.
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Slow Release Landscape Management Plan is a service specific schedule and checklist
plan that includes contractor requirements, timing of service specifications including
mowing, trimming, edging, fertilizing schedule that uses only slow release fertilizer, pH
control, weed control, pest control, seeding, pruning, mulch management, herbicide use,
~d irrigation
Specialized Turf Manager means a Person responsible for fertilizing or directing the
fertilization of a golf course or publicly owned ball field.
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Turf means a piece of grass-covered soil held together by the roots of the grass; sod;
lawn.
SECTION 3: RECOMMENDATIONS RELATING TO TIMING OF FERTILIZER
APPLICATION; CONTENT. AND APPLICATION RATE;
IMPERVIOUS SURFACES; BUFFER ZONES; AND :MECHANICAL
APPLICATION
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A. Timing of Application
No Applicator shall apply F~rtiliiers containing nitrogen and/or
'phosphorus to Turf and/or Landscape Plants during the "rainy
season" (defined as July 1 through September 30 of each calendar
year).
. B. Fertilizer. Content and Application Rate.
. 1)
No Fertilizer shall be applied. to Turf and/or Landscape
PlaIits within Southwest Florida that contains more than 2%
phosphorous or other compounds containing phosphorous,
such as phosphate, per guaranteed analysis label (as
gilaranteed analysis and label are defined by Chapter 576
Florida Statutes, such definition incorporated herein). The
use of no phosphorus Fertilizer is strongly encouraged, as
Florida soils typically contain sufficient phosphorus for a
healthy native or :r:nan-made landscape
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6/14/2011 Item 10.8.
2) Fertilizer applied to Turf and/or Landscape Plants V(ithin
the Southwest Florida must contain no more :than 20% total
nitrogen, with at" least 70% as Slow ReIe~se Nitrogen per.
guaranteed analysis label (as guaranteed analysis and label
are defined by Chapter 576 Florida Statutes, such definition
. incorporated herein).
3) Fertilizer applied to Turf and/or Landscape Phints within
Southwest Florida must be slow release, granulated.
fertilizer. Blended fertilizer sJ:1all not be applied.
4) ~ Fertilizers should be applied to Turf and/or Landscape
Plants at the lowest rate necessary without exceeding the
maximum weight per application. Fertilizer shall not be.
applied at a rate greater than one (1) pound of nitrogen per
1000 square feet per application. No more than four (4)
pounds of nitrogen per one thousand (1000) square feet
shall be applied to any Turf71andscape area in any calendat
year.
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The above provisions are also applicable to and regulate the
application of pesticide/Ferti~er mixtures, including, but not
limited to, "weed and feed" products.
C.
Total Yearly Applications
While single Fertilizer applications in the fall and spring will often.
suffice, Fertilizers shall not be applied more than six (6) times
during anyone. calendar year to a single area. A Controlled
Release Landscape Management Plan is strongly recommended,
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D. Impervious surface .
Fertilizer shall not be applied, spilled, or otherwise deposited on
any impervious surfaces. Any Fertilizer applied, spilled, or
deposited, either intentionally or .accidentally, on any impervious
surface shall be immediately and completely removed. Fertilizer
released qn 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.
Buffer Zones
No Fertilizer shall be applied within 25. feet of any pond, stream,
water course, lake, retention areas, drains and drainage ditches or
canal, or in. any designated wetland or within. 25 feet of any
wetland as defined by the Florida Dep~ent of Environmental
Protection (Chapter 62-340, F.A.C. defines Florida Wetlan~ as
"Those areas .that. are inundated or saturated by surface water or
ground water at a frequency and a duration sufficient to support;
. and under normal circumstances do support, a prevalence. of
vegetation typically adapted for life in saturated soils").
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Packet Page -196-
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SECTION 4:
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6/14/2011 Item 10.8.
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F. :Mechanical Application
Spreader deflector shields are required when fertilizmg by use of
any broadcast spreaders. Deflectors must be positioned such that,
Fertilizer granules.are deflected away from all impervious surfaces
and water bodies, including wetlands.
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RECOMMENDED EXEMPTIONS
A. .
Section 3, Subsections (A)-(C) .of this Resolution shall not apply
to:
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1) Newly e~tablished Turf and/or Landscape Plants for the
first 60 days after installation. or planting, provided
documentation for newly established Tm:f and/or
Landscape Plants is maintained to support this. exemption;
2) Damaged Turf and/or Landscape Plants for a period of 60
days and only on the damaged areas, provided
documentation for damaged Turf and/or Landscape Plants
is maintained to support this e~emption;
3) Areas where soil tests confirm, and such tests are
confirmed and approved by the local government Natural
Resources Director or designee, that phosphorous level.s are .
below 1 0 part~ per million. This is equivalent to a "very
low" designation for phosphorus set forth in UF/IFAS
.Extension Soil Testing Laboratory Analytical Procedures
Training Manual (Circular 1248, September 2002);
4) Vegetable gardens, provided they are not within 25 feet of
any water body and/or wetland; .
5) Yard waste compost, mulches, or othe~ similar materials.
that are primarily organic in nature and are applied to
improve thefphysical condition of the soil; and
6) Reclaimed water used for irrigation provided it is not used
wIthin 25 feet of any water body and/or wetland.
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B.
For all golf courses, the provisions of the Florida Department of
Environmental Protection document, "Best Management Practices
for the Enhancement of Environmental Quality on Florida Golf
Courses" January 2007, as updated, shall be followed when
applying Fertilizer to golf course practice and play areas. This
document can be accessed on-line on, the Florida Department of
Environmental Protection website at http://www.dep.state.fl.us.
All other Specialized Turf Managers shall use their best
professional judgment to apply the concepts and principles
embodied in the "Florida Green Industries Best Management
Practices for Protection of Water Resources in Florida, June
2002" while 'maintaining the health' and function of their
Specialized Turf areas.. The Florida Departinent of Agriculture and
Consumer Services, division o~ agricultural and Enviromp.ental
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6/14/2011 Item 10.B. j
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Services is ~ the process of developing Rule 5E-1.003 providing
clarification of existing language and establishing labeling criteria
for urban lawn or Turf Fertilizer products and adoption of Best
Management Practices for Nitrogen applications for the Green
Industry and the Golf Course Industry, under the authority of
576.181 F.S.and implemented in 576.021 F.S.
C.
All commercial agricultural activities as defined by the Florida
Department of Agriculture and C6ns~er S.ervices, Division of .
Agricu;Iture and Environmental Sciences are exempt from the
recommendations of this resolution. The use of.fertilizer and the
Best Management Practices (B:M:P) for commercial agriculttrre
activities is regulated and managed .under the authority of the
Florida Department of Agriculture. and Consumer Services,
Division of Agriculture and Environmental Sciences shall be
followed when applying fertilizer to agricultural areas.
SECTION 5: RECOMMENDATION FOR LICENSING OF COMMERCIAL AND
INSTITUTIONAL APPLICATORS.
A.
In the absence of any uniform licensing requirements by
tb,e State government for Commercial and Institutional
Fertilizer App~cators, it is recommended that, in addition
to any current or future training or education requirements
ma:nda~ed by the ~tate or local governments, that each local
government jurisdiction establish a licensing procedure that
will pr:ovide for the regulation and monitoring of Fertilizer
use by Commercial and Institutjonal Applicators. After the
implementation of such licensing procedure, no
Commercial Fertilizer Applicator or Institutional Fertilizer
Applicator shall apply Fertilizer without obtaining a license
from the appropriate governmental licensing entity
(hereinafter. such Person referred to as "Licensee").
Persons working as employees under the direct supervision
of landscapers or other contr~ct6rs who hold a License
.shall be exempt, provided that such landscaper or other
contractor holds a current, valid license.
B.
Upon compliance with the .requirements set forth in this section,
and upon payment of any local government application fee
established to recover the application costs of the governmental
entity, the applicant would be issued a CommerciallInstitutional .
Applicator License. Thereafter; as continuing conditions. and .
requirements of such Commercial/Jnstitutional. Applicator License,
such Per~on, and all Persons working or providing services under
the authority granted to such Licensee:
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6/14/2011 Item 10.B.
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1) Shall apply Fertilizer to Turf and/or Landscape Plants in
accordance with all provisions of this Resolution.
2) Shall be responsible for mamtaining a record of the pounds
of nitrogen, expressed as pounds per 1,000 square feet of
land, applied to each site by the Licensee during the year.
If applying Fertilizer under any exemption or
administrative variance, the Licensee shall also maintain
documentation to support said exemption(s) or variance. If
applying Fertilizer in accordance with Section 4(A)(3) of
this Resolution, the Licensee shall al?o possess a record of
the soil test indicating the amount of phosphorus present
and a .copy of the. approved exemption. Said records shall
be kept in the Licensee's possession or vehicle(s) and
available for inspection by local staff during all business
hours or while the Licensee is at a customer's site. .
. 3) Shall p~rmit the local government to obtain a sample of any
Fertilizer applied or to be applied within the jurisdiction of
. the local government If the sample analysis shows that
nitrogen and/or phosphorus content does not comply with
the levels permitted by this Resolution, enforcement may
be taken in accordance with the terms of this regulation,
and the cost .of analyzing. Fertilizer samples taken from
Commercial Fertilizer Applicators or Institutional
. Applicators shall be reimbursed by sai4 Applicator to the
local" government within thirty (30) days after invoicing.
4) A Licensee with a CommerciallInstitutional Fertilizer
Applicator License shall be on-site at all times when
Fertilizers are being applied.
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After the .initial CommerciallInstitutional Fertilizer Applicator License is
received, renewal of the COmplercial/Institutional Fertilizer Applicator
License shall be renewed on an annual basis. Failure of a Licensee to
comply with the provisions of the applicable Regulation or Ordinance
shall consti~te grounds to suspend a licens~, or to. deny renewal of such
license,
SECTION 6: RECOMMENDED PUBLIC EDUCATION PROGRAM
A.
Public Education. is highly recommended regarding the appropriate use of
Fertilizers. Local governments will work with the IF AS Cooperative
Extension staff to offer "Fertili;zer Application" courses to all current and
future Applicators wishing to obtain the CommerciaIlInstitutional
Fertilizer Applicator License. .
A general education. program will be coordinated with local media to
advise the public on the proper use of Fertilizer and the environmental and
health problem associated with mis-use. Such education .program will be
based upon and utilize materials form the Florida Yards and
Neighborhoods Program (FY &N),
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6/14/2011 Item 10.8.
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The objectives ofthe FY &N program are to:
. reduce stormwater runoff
. decrease non-point source pollution
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. conserve .water
. enhance wildlife habitat
. create beautiful landscapes .
FY &N encourages homeowners to water efficiently, mulch, recycle, select
the least toxic pest control measures, put the right plant in the right spot,
F.ertilize only when necessary, provide food, water and shelter for wildlife,
protect surface water bodies (i,e., bays, rivers, streams, ponds, etc.) and
minimize stormwater runoff.
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. SECTION 7: RECOMl\1ENDATIONS RELATING TO THE RETAIL SALE OF
FERTILIZER
Retail businesses within the jurisdi~t:ion selling Fertilizer shall post a
notice.in a conspicuous location near the Fertilizer notifying customers of
the limitation. on the use of Fertilizer containing greater than 2%
phosphorus and/or gre~ter than the 20% total nitrogen with a 70%
minimum Slow Release nitrogen requirement.
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SECTION 8: RECOl\1MENDATIONS FOR APPEALS, ADMINISTRATIVE RELIEF
AND PENALTIES.
Each local government jurisdiction should establish provisions for appeals
of administrative decisions .and/or denials, provisions for administr~tive
relief in the event of unique circumstances not addressed by local
government Fertilizer regula~ons, and penalty and.enforcement provisions
necessary to accomplish the. goais.and objectives of the local jurisdiction's
Fertilizer regulations.
NOTE:
Please note that these provisions do not address farming operations or
tree/pla~t nurseries. (Although the definition Of "Fertilize" refers to
lawn, Specialized Turf or Landscape Plant).
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6/14/2011 Item 10.8.
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PASSED AND DULY ADOPTED BY THE SOUTHWEST FLORIDA REGIONAL
PLANNING CO~CIL_this 15th day of March. 2007.
SOUl1IWEST FLO[GION~ PLANNING COUNCIL .
Jim Coletta, Chairman
ATTEST:-
David Burr, Exe.cutive Director
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U..'< '~~". Southwest Florida Reg;ona/~I~_~l)!l1g_~~~nc!~:
. 5 W F fUlll €' . - c:"'~"'J'7""".""-';'-:~'cT""""~.;;tf.<-,'(i-'iC,,p,,-,;-,,,," '.'- . .
~" 1926 Vic19ria Ave. F~~~~~:F~;:::;;;~4~;'-I;;g~;3~~5~O'"~-li39i3~~:2~~D'~.swfr~C:';;
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MEMORANDUM
ll) TO: Ms. Terry Joseph, West Florida RPC
a Mr. Charles Blume, Apalachee RPC
-c-
E M1'. Scott Koons, North Central Florida RPC
(l) Mr. Brian Teeple, Northeast Florida RPC
......
-c- Mr. Michael Moehlman, Withlacoochee RPC
-c- Mr. Philip Laurien, East Central RPC
a
N Ms. Patricia Steed, Central Florida RPC
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""" Mr. Manny Pumariega, Tampa Bay RPC
-c-
- Mr. Michael Busha, Treasure Coast RPC
<D
Ms. Carolyn Delde, South Florida RPC
Mayor Harvey Goldberg, City of Punta Gorda
Mayor John Sullivan, City of Cape Coral .
Chair Fred Coyle, Collier County BOCC
Chair Robert Popoff, City of Marco Island
Mayor Sammy Hamilton, Jr., City of Everglades City
Chair Russell Echols, Glades County BOCC
Mayor Bret Whidden, City of Moore Haven
Chair Janet Taylor, Hendry County BOCC
Mayor Paul Puletti, City of LaBelle
Mayor Mali Chamness, City of Clewiston
DATE: November 18,2010
FROM: Councilman Mick Denham, Chair - Southwest Florida Regional PI
RE: Benefits of Local Government Fertilizer Ordinances
On March 15, 2007 the South Florida Regional Planning Council in coordination with member
local governments, the Florida Department of Environmental Protection, (FDEP), the Florida
Department of Agriculture and Consumer Services, the University of Florida and the Institute of
Food and Agricultural Services Cooperative Extension developed and adopted a Resolution
supporting the regulated use of fertilizers containing nitrogen and/or phosphorus within
Southwest Florida. The resolution provided specific recommendations and guidelines to be
considered by local government jurisdictions for the regulation and control offertilizer
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TO:
DATE:
PAGE:
RE:
FL RPCs and SWF Local Governments
November 18, 2010
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Benefits of Local Govemment Fertilizer Ordinances
application. To date in Southwest Florida, three counties and eight municipalities have adopted
strict fertilizer ordinances. Tln'ee other municipalities are considering and reviewing draft
fertilizer ordinances in our region. Statewide approximately 50 local government jurisdictions
(cities and counties) have adopted a local government fertilizer ordinance at least as protective as
the state model ordinance developed by the FDEP.
The Florida Department of Environmental Protection has developed a Model ~ertilizer
Ordinance and the associated documents for use by local governments. The SWFRPC supports
continued eff0l1s by the state to have all local governments adopt fertilizer ordinances to protect
water quality and our regional economy.
We are writing this letter to encourage you to consider, develop and adopt a local government
fertilizer ordinance at least as protective as the 2010 state model ordinance developed by the
FDEP.
There are many beneficial reasons to adopt a fertilizer ordinance for your community.
../ Cost Savings
· It is much less expensive to prevent fertilizers from entering the surface waters of
southwest Florida than to remove excess nutrients after they get into natural waterbodies.
Basically a dollar of prevention is worth $294 of clean-up of phosphorous nutrient
pollution alone (see the attached example provided by Lee County *).
· Reduced use of man-made fertilizers is less expensive to the homeowner from reduced
spending on the fertilizers and costs of application.
· Reduced use of man-made feltilizers reduces water use for lawn inigation reducing water
bills.
../ Better Lawns and Yards
· Reduced use of man-made fertilizers reduces the prevalence of lawn "burning" from
excess nutrients and the associated pest species that talce advantage of the damaged lawn.
· Less-fertilized plants are hardier to water stress, such as drought.
· Non-fel1ilized and less feltilized areas do not have chemical soil imbalances that can
damage broad-leaved shrubs and trees.
,/ Improvement of Property Values
· Using proper landscaping techniques with less fertilizer can effectively increase the value
of a property while benefiting the environment. Attractive, water-efficient, low
maintenance landscapes can increase property values between 7 to 14 percent, according
to USEPA (1993).
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FL RPCs and S\VF Local Governments
November 18, 2010
3
Benefits of Local Government Fertilizer Ordinances
./ Reduced Enerf!V Use and Cost
· Reduced use of man-made fertilizers decreases energy use for irrigation, mowing,
fertilizer manufacturing, and less fossil fuels used in transpOli to site, powered equipment
use on-site, and disposal of yard waste.
./ Imvroved Water Dualitv
· Reduced fertilizer use has been shown to improve water quality in receiving waters by
reducing dissolved ammonia, nitrate, and nitrite concentrations.
· Reduced fertilizer use has been shown to improve water quality in receiving waters by
reducing dissolved phosphate concentrations.
· Reduced fertilizer use has been shown to reduce leaching of dissolved phosphate,
dissolved ammonia, nitrate, and nitrite into shallow and surficial aquifers.
. Reduced fertilizer use has been shown to reduce eutrophication of natural and man-made
lakes and ponds.
.
./ Better Fishing
· Reduced fertilizer use has improved fisheries in receiving fresh, estuarine and marine
waters by reducing harmful algae bloom growth.
· Reduced feliilizer use has improved water-based tourism and recreational fishing by
reducing harmful algae bloom growth, filamentous green algae growth; drift algae
growth, and blue green algae growth.
· Reduced fertilizer use has improved fisheries habitat by reducing dissolved chlorophyll,
which improves water clarity over seagrass beds.
./ Better for Us. Our Pets. and Wildlife
· Reduced safe fertilizer use has reduced the probability of toxic reactions to feliilizer for
domestic dogs, domestic cats, and wildlife.
· Reduced safe fertilizer use has reduced the incidence of rashes, skin reactions and
respiratory problems in susceptible humans.
Please consider developing and adopting a local government fertilizer ordinance that is at
least as protective as the 2010 state model ordinance developed by the FDEP, in order to
protect the valuable natural, economic, and human resources of your jurisdiction and of
southwest Florida.
CC: Mike Thomas, Ph.D" P.E., FDEP - Division of Environmental Assessment and
Restoration
.
~
.
\,
.
6/14/2011 Item 10.8.
Agenda Item 12
Meeting of 4/20/11
RESOLUTION 11-12883
A RESOLUTION URGING THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT
FERTILIZER ORDINANCE REGULATIONS ANALOGOUS TO THE CITY OF NAPLES' FERTILIZER
ORDINANCE (CHAPTER 52, ARTICLE VII OF THE CODE OF ORDINANCES); DIRECTING THE
CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY
COMMISSIONERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
WHEREAS ,
WHEREAS,
WHEREAS ,
WHEREAS,
WHEREAS ,
WHEREAS ,
WHEREAS ,
WHEREAS ,
WHEREAS,
WHEREAS ,
WHEREAS ,
the city of Naples has recognized the detrimental effects of the
introduction of excessive amounts of nitrogen and phosphorus into
the local bays and estuaries surrounding Naples; and
fertilizer is a major source of these excess nutrients that reach
natural waterbodies through stormwater runoff; and
a significant portion of
ameliorated by using the
application methods; and
fertilizer-based pollution
correct fertilizer and the
can be
correct
nitrogen from slow release fertilizers has been shown to be less
likely to run off the land and pollute natural waterbodies; and
supplementing fertilizer containing phosphorous is unnecessary
for most sites located within Collier County and its incorporated
municipalities; and
prohibiting the application of fertilizer during the rainy season
lessens excess nutrient runoff; and
on March 5, 2008, City Council adopted an ordinance that
regulates the indiscriminate use of fertilizer; and
a portion of the pollutant laden
the City of Naples originates
incorporated municipalities, and
estuarine ecosystems; and
runoff reaching waterbodies in
in Collier County and its
their associated riverine and
Collier County is considering
ordinance that would address the
the bounds of the County; and
the adoption of a fertilizer
application of fertilizer within
the City of Bonita Springs, Lee County, and the City of Marco
Island, with adjoining boundaries to Collier County, have adopted
or are in the process of adopting fertilizer ordinance
regulations similar to that of the City of Naples; and
divergence. between local governments
fertilizer ordinances can lead and
landowners and fertilizer applicators;
in the stringency of their
has led to confusion for
and
the establishment of uniformity between adjacent local government
fertilizer ordinances will not only alleviate uncertainty but
also lead to enhanced watershed management; and
Packet Page -205-
Book 135' Page_
6/14/2011 Item 10.8.
Resolution 11-12883
Page 2
WHEREAS,
it is important for fertilizer applicators to obtain education
and certification by taking appropriate classes;
.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:
Section 1.
That the Mayor and City Council, representing the City of Naples
as an incorporated municipality within Collier County, requests
that Collier County adopt a fertilizer ordinance that contains
all the elements of an effective and protective fertilizer
ordinance similar to the city's ordinance, Chapter 52, Article
VII of the Code of Ordinances, for the purposes of regional
consistency, as well as to protect our regional water quality, a
copy of which chapter is attached hereto and made a part hereof.
Section 2.
The City Clerk is hereby directed to forward a copy of this
Resolution to the Collier County Board of County Commissioners.
Section 3.
That this resolution' shall take effect immediately upon
adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES,
FLORIDA, TE;IS 20TH DAY OF APRIL, 2011.~ ~~
.. (" "L?iILJ(:z flR/l
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--.,.
and legality:
Tara A. , . city Clerk
M:\REF\COUNCIL\RES\2011\11-12883
ity Attorney
.
Date filed with City Clerk:
Lf-;J.~-/I
.
n ___._ ___ Packet Page -206-
6/14/2011 Item 10.B.
Reso1ution 11-12883
Page 3
~ ARTICLE VII. - LAWN AND LANDSCAPE MAINTENANCE AND CONTENT OF FERTILIZER
Sec. 52-181. - Purpose and intent.
(a)
Purpose and intent.
~1)
.
The purpose and intent of this article is to provide for the regulation of fertilizers
containing nitrogen or phosphorous and to provide specific management guidelines for
fertilizer applic::ation in order to minimize the negative environmental effects said
fertilizers have in and on the waterbodies within and surrounding the City of Naples,
Stormwater runoff is a major source of pollution for our natural waters, and in order to
improve the water quality of the waterbodies within and surrounding the city and
restore their estuarine ecosystem, the amount and kinds of pollution flowing into these
waterbodies must be reduced. Collectively these natural waters are an asset that is
critical to the environmental, recreational, cultural, and economic well-being of Naples
and the surrounding areas and contribute to the general health and welfare of the
public. Therefore, regulation of nutrients, including both nitrogen and phosphorous,
contained in fertilizer entering the above-referenced waterbodies is crucial. Reducing
the negative effects of nutrient pollution combined with lawn and landscape
maintenance professional certification will be an essential step towards improving and
maintaining water and habitat quality. The use of low phosphorous and slow release
nitrogen fertilizers is strongly encouraged as Florida soils typically contain sufficient
phosphorous for a healthy native or man-made-Iandscape and nitrogen can quickly
and easily run off landscapes. Certification will result in increasing the knowledge of
lawn and landscape maintenance professionals, and their residential and business
customers, ot
a.
The effects of pesticides, fertilizers and overwatering on the environment;
b.
Ways to reduce the amount of fertilizers and pesticides utilized; and
c.
Methods to limit water use on lawns and landscapes thus potentially lowering
the impacts of nonpoint source pollution on local waterbodies,
(2)
Nitrogen and phosphorous are essential ingredients for plant growth; however,
overuse and improper application of these nutrients create water quality issues and
pollute our treasured natural waters. They promote algae blooms and other excessive
plant growth. Low to no phosphorus fertilizer and slow release nitrogen fertilizer, along
with. proper utilization, result in absorption by plants and lower levels of nutrients
reaching the waterbodies within and surrounding the City of Naples and their
associated watersheds.
(b)
Scope.
(1)
A program aimed at moderating the impacts of nutrient runoff from lawns and
landscaped areas within the watersheds of the waterbodies within and surrounding the
City of Naples is hereby established whereby persons will be certified by the city to
perform lawn and landscape work upon exhibiting a professional level of knowledge,
(2)
.
A program aimed at reducing the levels of nutrients reaching our natural waterbodies
as a result of improper application and content of fertilizer applied throughout the city
Packet Page -207-
Book 135' Page _
Resolution 11-12883
Page 4
6/14/2011 Item 10.8.
is hereby instituted since most soils already have enough phosphorous present and
nitrogen from slow release sources is less likely to run off the land and pollute natural
waterbodies.
(Ord. No. 08-11972, 91, 3-5-2008)
Sec. 52-182. - Definitions.
The following words, terms, and phrases when used in this article shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to
give them the meaning they have in common usage and to give this article its most reasonable
application:
Applicator means any person who applies, in any manner, fertilizer to turf or landscape
plants within the city as defined in this article.
Commercial fertilizer applicator means any person who applies fertilizer on turf or landscape
plants within the city in exchange for money, goods, services, or other valuable consideration.
Fertilize, fertilizing, or fertilization means the act of applying fertilizer to a lawn (turf),
specialized turf, or landscape plant.
Fertilizer means any substance 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.
ImpeNious surface means a constructed surface, such as a sidewalk, road, parking lot, or
driveway. covered by impenetrable materials such as asphalt, concrete, brick, pavers, stone, or
highly compacted soils.
Institutional applicator means any person, other than a non-commercial or commercial
applicator who applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional
applicators shall include, but shall not be limited to, owners and managers of public lands, schools,
parks, religious institutions, utilities, industrial or business sites, and any residential properties .
maintained in condominium or common ownership.
Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf),
Leaching means the process by which soluble constituents are dissolved and filtered
through the soil by a percolating fluid,
Non-commercial applicator means any person other than a commercial fertilizer applicator or
institutional applicator who applies fertilizer on turf or landscape plants in the city, such as an
individual owner of a single-family residential unit.
Person means any natural person and shall also mean any business, corporation,
association. club, organization, and/or any group of people acting as an organized entity.
Rainy season means June 1 through September 30 of each calendar year.
Rapid release or water soluble nitrogen means any product containing:
(1)
Ammonium Nitrate.
(2)
Ammonium Sulfate.
(3)
Calcium Nitrate.
Packet Page -208- .
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.
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.
.
6/14/2011 Item 10.8.
Reso1ution 11-12883
Page 5
(4)
Diammonium Phosphate.
(5)
Monoammonium Phosphate.
(6)
Potassium Nitrate.
(7)
Sodium Nitrate,
(8)
Urea (not in the form of slow release nitrogen).
(9)
Others as may be designated in writing by the city manager.
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 release nitrogen" product.
Forms of slow release, controlled release, slowly available, or water insoluble nitrogen include:
(1 )
Isobutylidene diruea (I BUD).
(2)
Resin, Polymer, or Sulphur coated urea.
(3)
Biosolids or residuals from domestic wastewater treatment.
(4)
Ureaformaldehyde.
(5)
Composted animal manure.
(6)
Others as may be designated in writing by the city manager.
Turf means a piece of grass-covered soil held together by the roots of the grass; sod; lawn.
Wetlands means those areas that are inundated or saturated by surface water or ground
water at a frequency and a duration sufficient to support, and under normal conditions do support,
a prevalence of vegetation typically adapted for life in saturated soils [See 62-340 FAC.].
(Ord. No. 08-11972, 91,3-5-2008)
S.ec. 52-183. - Applicability.
This article shall be applicable to and shall regulate any applicators of fertilizer within the city
unless such applicator is specifically exempted or excepted by the terms of this article from the
regulatory provisions of this article. This section shall apply to retail businesses within the city
selling fertilizer.
(Ord. No. 08-11972,91,3-5-2008)
Sec. 52-184. - Timing of fertilizer application; content and application rate; impervious
surfaces; buffer zones; and mode of application.
(a)
Timing of application, No applicator shall apply fertilizers containing nitrogen or phosphorous
to turf or landscape plants during the rainy season.
(b)
Fertilizer content and application rate.
Packet Page -209-
Book 135' Page _
6/14/2011 Item 10.8.
Page 6
Resolution 11-12883
(c)
(d)
(e)
(f)
(1)
.1
No fertilizer shall be applied to turf or landscape plants within the city that contains
more than two percent phosphorous or other compounds containing phosphorous,
such as phosphate, per guaranteed analysis label as guaranteed analysis and label
are defined in F.S. Ch, 576.
(2)
Fertilizer applied to turf or landscape plants within the city must contain no less than
50 percent slow release nitrogen per guaranteed analysis label as guaranteed
analysis and label are defined in F.S. Ch. 576.
(3)
Fertilizers should be applied to turf or landscape plants at the lowest rate necessary
without exceeding the maximum rate per application. Fertilizer shall not be applied at a
rate greater than one pound of nitrogen per 1,000 square feet per application. No
more than four pounds of nitrogen per 1,000 square feet shall be applied to any turf or
landscape area in any calendar year.
Total yearly applications. Fertilizers shall not be applied more than four times during anyone
calendar year to a single area.
Impervious surfaces. Fertilizer shall not be applied, spilled, or otherwise deposited on any
impervious surfaces. Any fertilizer applied, spilled, or deposited, either intentionally or
accidentally, on any impervious surface shall be immediately and completely removed.
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.
Buffer zones, No fertilizer shall be applied within ten feet of any pond, stream, water course,
lake, canal, wetland, or other waterbody.
.
Mode of application. Spreader deflector shields are required when fertilizing adjacent to
buffer zones or impervious surfaces. The shields must be positioned such that fertilizer
granules are deflected away from all impervious surfaces and buffer zones.
(Ord. No. 08-11972, 9 1, 3-5-2008)
Sec. 52-185. - Exemptions.
(a)
The timing of applications, fertilizer content, application rate provisions, and other provisions
set forth above in subsections 52-184 of this article shall not apply to:
(1)
Newly established turf or landscape plants for the first 60 days after installation or
planting, provided documentation for newly established turf or landscape plants is
maintained to support this exemption;
(2)
Areas where soil tests confirm, and such tests are confirmed and approved by the
natural resources manager or designee, that phosphorous levels are below ten parts
per million. This is equivalent to a "very low" designation for phosphorous set forth in
the University of Florida Institute of Food and Agricultural Science Extension Soil
Testing Laboratory Procedures Training Manual (Circular 1248, September 2002);
(3)
Vegetable gardens;
(4)
Yard waste compost, mulches, or other similar materials that are primarily organic in
.
_ Packet Page -210-
~
.
.
T"a__l_ ,.,C. n___
6/14/2011 Item 10.B.
Page 7
Resolution 11-12883
nature and are applied to improve the physical condition of the soil.
(b)
For all golf courses, the provisions of the Florida Department of Environmental Protection
document, "Best Management Practices for the Enhancement of Environmental Quality on
Florida Golf Courses, 2007," as updated, shall be followed when applying fertilizer to golf
course practice and play areas.
(Ord. No. 08-11972, ~ 1, 3-5-2008)
Sec. 52-186. - Lawn and landscape maintenance-mandatory certification requirements.
(a)
Certification of lawn and landscape professionals. The provisions contained in this section
shall constitute the requirements for certification of lawn and landscape maintenance
professionals by the city.
(b)
General requirements. No commercial or institutional applicator shall apply fertilizer without
first obtaining a city certification as a lawn and landscape maintenance professional.
(c)
Certification. To obtain city certification as a lawn and landscape maintenance professional,
a person shall demonstrate competency through successful completion of a best
management practices course, the curriculum of which will be approved by, provided by, or
under the supervision of, the city and which will include at a minimum, the following general
standards of competency:
(1)
Effects on the environment from sediment, nutrients, and pesticides moving off site
through surface or ground water.
(2)
Site design and plant selection that enhances the natural environment.
(3)
Rates and methods of applying fertilizer and irrigation that minimize negative
environmental consequences.
(4)
Utilization of integrated pest management to both minimize pests and decrease
chemical applications.
(d)
Specific standards of competency. In addition to the general standards of competency, a
person seeking lawn and landscape maintenance certification shall provide evidence of
having completed a course of study with at least six hours of instruction in the areas
identified under the general standard of competency.
(e)
Certification. The city will provide a person who has satisfied the general and specific
standards of competency set forth in this section, with a state certificate and landscape
certification card indicating that the person is a certified lawn and landscape maintenance
professional for the specified duration.
(f)
After obtaining city certification as stated above, all certificate holders shall annually enroll in
and successfully complete a refresher course.
(g)
Administration. The program shall be administered by the city manager through the city's
natural resources division. The city manager is authorized to determine the qualifications of
any applicant or any person performing lawn and landscape maintenance and to enforce this
article as provided herein. The determination of qualifications of an applicant by the city
manager may be appealed to the city council by filing of an appeal within 14 days after
.________ Packet Page -211-
Book 135' Page _
6/14/2011 Item 10.8.
Reso~ut~on 11-12883
Page 8
receipt of determination. The city council will conduct a hearing within 30 days, or will
appoint a special magistrate within 60 days. The time periods may be waived by consent of
the applicant and the city manager. The determination by city council will constitute final
agency action.
(.
(h)
Procedure for application for certification.
(1)
A person requesting certification by the city as a lawn and landscape maintenance
professional shall obtain an application for certification from the city that requires proof
of completion of a course of instruction in the areas identified under the standards of
competency.
(2)
The initial application fee and annual renewal fee shall be set forth in the city's fee
schedule, Appendix A, and will be used to defray the costs of the program, including
without limitation, record keeping associated with the certification credentials,
production of certificates and landscape certification cards, and all aspects of the
written and verbal communications concerning the educational requirements.
(i)
[Staff certification.] Lawn and landscape maintenance shall be performed only by those
businesses that have at least one supervisor and a minimum of ten percent of their field
operations staff certified by the city as lawn and landscape professionals.
(Ord, No. 08-11972, S 1,3-5-2008)
.
.
Packet Page -212-
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