Agenda 07/26/2011 Item # 8B7/26/2011 Item 8.13.
EXECUTIVE SUMMARI'
Recommendation that the Board of County Commissioners (Board) adopt the Collier County
Florida - Friendly Use of Fertilizer on Urban Landscapes.
OBJECTIVE: To have the Board adopt the Collier County Florida - Friendly Use of Fertilizer on
Urban Landscapes as required by Section 403.9337(2), Florida Statutes.
CONSIDERATIONS: Section 403.9337(2). Florida Statutes requires all counties and
municipalities with Florida Department of Environmental 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 of local surface and groundwater quality.
On June 14, 2011, the Board directed the County Manager or designee to draft the Collier
County Florida - Friendly Use of Fertilizer on Urban Landscapes with the following provisions
and provide support for these provisions.
• Annual limit of four lbs. of nitrogen per 1.000 square feet
• Minimum of 50 % slow release nitrogen
• Limit of 2 % phosphorus
• Fertilizer prohibition period in August and September
• 10 -foot fertilizer free buffer around water bodies or wetlands
• Exception for fruits and vegetables
The support document for these provisions is attached. Note that Section 8(c) of the June 14..
2011 ordinance allows an applicator to follow University of Florida Institute for Food and
Agricultural Sciences (IFAS) guidelines for fruits and vegetables so no change is recommended
for this provision. To identify, changes to the June 14, 2011 ordinance version, all additions are
underlined and deletions are struck through. The adoption of more stringent recommended
provisions requires the consideration of input from the FDEP. Department of Agriculture and
Consumer Services (DACS). and IFAS. Attached are the state agency responses to a staff draft
ordinance that included the more stringent provisions, except the 2 96 phosphorus limitation.
The per application and annual application rate for phosphorus included in Rule FAC 5E-
1.003(2) Florida Administrative Code are retained. Both FDEP and IFAS accepted the 10 -foot
fertilizer free buffers that are adjacent to water bodies or wetlands.
The Environmental Advisory Council ('EAC) and the Collier County Planning Commission
(CCPC) recommended many of the same more stringent provisions as the Board. 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 2010 model. Also, the Cit}
of Naples passed Resolution 11 -12883 (attached) requesting the Board to adopt an ordinance
analogous to the City's. The City of Marco Island adopted Resolution I 1 -08 which requests the
Board to include provisions more stringent than the Model ordinance. The primary areas of
more stringent standards are listed in the table belovt. The attached table details the
recommendations by the EAC and CCPC and the provisions of the existing ordinances from the
City of Naples and Lee County.
Packet Page -222-
7/26/2011 Item 8.8.
Primary .Areas of More Stringent Standards
* 10 feet unless a deflector shield, drop spreader is used, then 3 -foot minimum
** Hurricane, Tropical Storm, or Flood Watch or Warning,. or> 2 inch rain predicted
A public education program to assist with ordinance implementation will be developed by Land
Development Services and Pollution Control and Prevention Departments. The program will
include a web page, utility bill inserts, retail outlet brochures, and cooperation with the
Greenscape Alliance to develop newspaper articles and additional education opportunities.
FISCAL IMPACT: The direct impact of the recommendation contained in this Executive
Summary is the legal advertising of a proposed ordinance at the cost of approximately 5600.
Once adopted, the ordinance will be enforced with existing Code Enforcement staff. Educational
efforts will be accomplished with existing Land Development Services and Pollution Control and
Prevention staff. Anv additional education costs will be from available Pollution Control and
Prevention Department funds.
LEGAL CONSIDERATIONS: The proposed ordinance has been reviewed by the County
Attorney's Office and is legally sufficient for Board action. A majority vote is required for Board
approval of the ordinance. (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.
ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC discussed this
item April 13, 2011 and recommended the model ordinance with these amendments: 4 lbs.
nitrogen annual limit, 50 % slow release nitrogen, 10 -foot buffer for water bodies, .tune through
September prohibition period. and the exception allowing fertilization for new plantings for 60
days in the buffer by a vote of 5 to 0. They also approved the golf course exemption by a vote of
410 1.
Packet Page -223-
Nitrogen
Slow
Water
Prohibited
Limit
Release
Buffers
Period
RPC
4 lbs
> 70 °/a
25 ft
Jul - Sep
EAC
4 lbs
>50%
10 ft
Jun - Sep
CCPC
4 lbs
> 50 °/n
10 ft
Aug - Sep
City of
Naples
4 lbs
> 50 %
] 0 ft
Jun - Sep
Lee Counrn_
4 lbs
> 50 %
1041
Jun — Sep
Proposed
Ord.
4 Ibs
> 50 0/0
10 ft
Aug - Sep
Model Ord.
Per Label
N/A
10 ft*
Watch **
* 10 feet unless a deflector shield, drop spreader is used, then 3 -foot minimum
** Hurricane, Tropical Storm, or Flood Watch or Warning,. or> 2 inch rain predicted
A public education program to assist with ordinance implementation will be developed by Land
Development Services and Pollution Control and Prevention Departments. The program will
include a web page, utility bill inserts, retail outlet brochures, and cooperation with the
Greenscape Alliance to develop newspaper articles and additional education opportunities.
FISCAL IMPACT: The direct impact of the recommendation contained in this Executive
Summary is the legal advertising of a proposed ordinance at the cost of approximately 5600.
Once adopted, the ordinance will be enforced with existing Code Enforcement staff. Educational
efforts will be accomplished with existing Land Development Services and Pollution Control and
Prevention staff. Anv additional education costs will be from available Pollution Control and
Prevention Department funds.
LEGAL CONSIDERATIONS: The proposed ordinance has been reviewed by the County
Attorney's Office and is legally sufficient for Board action. A majority vote is required for Board
approval of the ordinance. (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.
ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC discussed this
item April 13, 2011 and recommended the model ordinance with these amendments: 4 lbs.
nitrogen annual limit, 50 % slow release nitrogen, 10 -foot buffer for water bodies, .tune through
September prohibition period. and the exception allowing fertilization for new plantings for 60
days in the buffer by a vote of 5 to 0. They also approved the golf course exemption by a vote of
410 1.
Packet Page -223-
7/26/2011 Item 8.B.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC discussed
this item Mav 19. 2011 and recommended the model ordinance with these amendments; 4 lbs.
nitrogen annual limit. 50 % slow release nitrogen, 0 °io Phosphorus unless soil test indicates
deficiency. 10 -foot buffer for water bodies by consensus. They also approved an August through
September prohibition period by a vote of 5 to 3.
RECOMMENDATION: That the Board adopt the Collier County Florida - Friendly Fertilizer Use
on Urban Landscapes Ordinance.
PREPARED BY: Mac Hatcher, Senior Environmental Specialist
Attachments:
1. Collier County Florida - Friendly Fertilizer Use on Urban Landscapes Ordinance
2. June 14. 2014 Draft Ordinance with Strike - through and Underline Chan *es
3. Florida - Friendly Ordinance Support
4. FDEP Collier Countv Fertilizer Ordinance Comment
5. DACS Collier County Fertilizer Ordinance Comment
6. WAS Collier County Fertilizer Ordinance Comment
7. Judith Hushon Fertilizer Support
8. Conservanev of Southwest Florida Fertilizer Support
9. Southwest Florida Regional Planning Council Resolution 07 -01
10. Southwest Florida Regional Planning Council Memo
11. City of Naples Resolution 11 -12883
12. City of Marco Island Resolution 11 -08
13. Summary Table ofEAC, CCPC and City of Naples recommendations
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7/26/2011 Item 8.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.B.
Item Summary: Recommendation that the Board of County Commissioners (Board) adopt
the Collier County Florida - Friendly Use of Fertilizer on Urban Landscapes.
Meeting Date: 7/26/2011
Prepared By
Name: HatcherMac
Title: Environmental Specialist, Senior.Engineering & Env
7/8/2011 1:18:32 PM
Submitted by
Title: Environmental Specialist. Senior.Engineering & Env
Name: HatcherMac
7/8/2011 1:18:33 PM
Approved Bp
Name: LorenzWilliam
Title: Director - CDES Engineering Services.Comprehensive
Date: 7/8/2011 2:01:03 PM
Name: PuigJud}
Title: Operations Analvst, CDES
Date: 7 /8/2011 2:08:01 PM
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
Date: 7/8/2011 2:39:57 PM
Name: Amysue Benker
Title: Executive Secretary,
Date: 7/11/2011 10:4027 AM
Name: MarcellaJeanne
Packet Page -22S-
7/26/2011 Item 8.13.
Title: Executive Secretary,Transportation Planning
Date: 7/11/2011 10:51:49 AM
Name: FederNorman
Title: Administrator - Growth Management Dix Transporuni
Date: 7/11 /2011 1:39:43 PM
Name: WilliamsSteven
Title: Assistant County Attomey.County Attorney
Date: 7/11/2011 2:31:27 PM
Name: Klatzkowleff
Title: County Attorney.
Date: 7/15/2011 3:55:15 PM
Name: lsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 7/18/2011 12:10:14 PM
Name: lsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 7/18/2011 12:36:05 PM
Packet Page -226-
7/26/2011 Item 8.8.
ORDINANCE NO
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ADOPTING AN ORDINANCE FOR FLORIDA -
FRIENDLY USE OF FERTILIZER ON URBAN
LANDSCAPES; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Florida Legislature, via the passage of Senate Bill 494 in 2009 and the
creation of Florida Statute Section 403.9337, mandate the establishment of a Model Ordinance in
Collier County concerning the use of fertilizer on urban landscapes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: FINDINGS
As a result of impairment to COLLIER COUNTY'S surface waters caused by excessive
nutrients, or, as a result of increasing levels of nitrogen in the surface and /or ground water within the
aquifers or springs within the boundaries of the county, the governing body of Collier County has
determined that the use of fertilizers on lands within the county creates a risk to contributing to
adverse effects on surface and /or ground water. Accordingly, the Board of County Commissioners of
Collier County finds that management measures contained in the most recent edition of the "Florida -
friendly Best Management Practices for Protection of Water Resources by the Green Industries.
2008, " may be required by this ordinance.
SECTION TWO: PURPOSE AND INTENT
This Ordinance regulates the proper use of fertilizers by any applicator; requires proper
training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing
requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application
rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The Ordinance
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7/26/2011 Item 8.13.
requires the use of Best Management Practices which provide specific management guidelines to
minimize negative secondary and cumulative environmental effects associated with the misuse of
fertilizers. These secondary and cumulative effects have been observed in and on Collier Countv's
natural and constructed stormwater convevances, rivers. creeks, canals, springs, lakes, estuaries and
other water bodies. Collectively, these water bodies are an asset critical to the environmental,
recreational, cultural and economic well -beine of Collier County residents and the health of the
public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by
natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus
and nitrogen contained in fertilizer. will help improve and maintain water and habitat quality.
SECTION THREE: DEFINITIONS
For this Article, the following terms shall have the meanings set forth in this section unless
the context clearly indicates otherwise.
"Administrator" means the County Manager, or an administrative official of county government
designated by the County Manager to administer and enforce the provisions of this Article.
"Application' or "Apply" means the actual physical deposit of fertilizer to turf or landscape plants.
"Applicator" means any Person who applies fertilizer on turf and /or landscape plants in Collier
County.
"Board or Goveming Board" means the Board of County Commissioners of Collier County, Florida.
"Best Management Practices" means turf and landscape practices or combination of practices based
on research, field- testing, and expert review, determined to be the most effective and practicable on-
location means. including economic and technological considerations, for improving water quality.
conserving water supplies and protecting natural resources.
"Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of
Collier County whose duty it is to enforce codes and ordinances enacted by Collier Countv.
"Commercial Fertilizer Applicator", except as provided in 482.1562(9) F.S., means any person who
applies fertilizer for payment or other consideration to property not owned by the person or firm
applying the fertilizer or the employer of the applicator.
"Fertilize." "Fertilizing." or "Fertilization" means the act of applying fertilizer to turf, specialized
turf. or landscape plants.
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7/26/2011 Item 8.B.
"Fertilizer" means any substance or mixture of substances that contains one or more recognized plant
nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil
enrichment, or provides other corrective measures to the soil.
"Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability
claimed to be present in a fertilizer.
"Institutional Applicator" means any person. other than a private, non - commercial or a Commercial
Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the
purpose of maintaining turf and /or landscape plants. Institutional Applicators shall include, but shall
not be limited to, owners, managers or employees of public lands, schools, parks, religious
institutions, utilities, industrial or business sites and any residential properties maintained in
condominium and/or common ownership.
`Landscape Plant" means any native or exotic tree, shrub, or groundcover (excluding turf)
"Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water courses
which is planted and managed in order to minimize the need for fertilization, watering, mowing. etc.
"Person" means any natural person, business, corporation, limited liability company, partnership,
limited partnership, association, club, organization, and /or any group of people acting as an
organized entity.
"Prohibited Application Period" means August 1 through September 30 and the time period during
which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or
Warning is in effect for any portion of Collier County, issued by the National Weather Service, or if
heavy rain' is likely.
"Collier County Approved Best Management Practices Training Program" means a training program
approved per 403.9338 F.S., or any more stringent requirements set forth in this Article that includes
the most current version of the Florida Department of Environmental Protection's "Florida friendly
Best Management Practices for Protection of Water Resources by the Green Industries, 2008, " as
revised, and approved by the County Manager or his designee.
"Saturated soil" means a soil in which the voids are filled with water. Saturation does not require
flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is
present or the pressure of a person standing on the soil causes the release of free water.
"Slow Release," "Controlled Release," "Timed Release." "Slowly Available," or "Water Insoluble
Nitrogen' means nitrogen in a form which delays its availability for plant uptake and use after
application, or which extends its availability to the plant longer than a reference rapid or quick
release product.
"Specialized Turf Managers" means landscape manager of non agricultural land planted exclusively
for golf course, parks, or athletic fields.
I World Meteoroioineal Organvation definition of heavy ram: Rainfali greater than or equal to 50 mm (2 inches) in a 24 hour period .
amp: / /severeworidweatherorg /rain /, and forecast keyword "Likely ",
—. http: //w ,.wrh.noaa.gov/ sew/'v fcdiaGuide/ l' ermsOudooks_Watches_Wamings -pdf
Page 3 of 9
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7/26/2011 Item 83.
"Turf," "Sod." or "Lawn" means a piece of grass- covered soil held together by the roots of the grass
"Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway
rights -of -way, or other nonagricultural lands that are planted with turf or horticultural plants. For the
purposes of this section, agriculture has the same meaning as in Florida Statute 570.02
SECTION FOUR: APPLICABILITY
This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer
and areas of application of fertilizer within the area of Collier County unless such applicator is
specifically exempted by the terms of this Ordinance from the regulatory provisions of this
Ordinance. This Ordinance shall be prospective only. and shall not impair any existing contracts.
SECTION FIVE: TIMING OF FERTILIZER APPLICATION
No applicator shall apply fertilizers containing nitrogen and /or phosphorus to turf and /or
landscape plants during the Prohibited Application Period, or to saturated soils.
SECTION SIX: FERTILIZER FREE ZONES
Fertilizer shall not be applied within ten (10) feet of any pond, stream. watercourse, lake,
canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-
340, Florida Administrative Code) or from the top of a seawall. Newly planted turf and/or landscape
plants may be fertilized in this Zone only for a sixty (60) day period beginning 30 days after planting
if needed to allow the plants to become well established. Fertilizer shall not be applied to native
vegetated buffers required by Collier County Land Development Code section 3.05.07F.3.f. Caution
shall be used to prevent direct deposition of fertilizer into the water.
SECTION SEVEN: LOW MAINTENACE ZONES
A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated,
from any pond, stream, water course. lake, wetland or from the top of a seawall. A swale/berm
system is recommended for installation at the landward edge of this low maintenance zone to capture
and filter runoff. If more stringent Collier County Code regulations apply. this provision does not
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7/26/2011 Item 8.B.
relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative
material may be deposited or left remaining in this zone or deposited in the water. Care should be
taken to prevent the over -spray of aquatic weed products in this zone.
SECTION EIGHT: FERTILIZER CONTENT AND APPLICATION RATES
(a) Fertilizers applied to turf and /or landscape plants within Collier County shall be formulated and
applied in accordance with requirements and directions provided by Rule 5E- 1.003(2), Florida
Administrative Code, Labeling Requirements For Urban Turf Fertilizers with the following
exceptions:
i. No fertilizer shall be applied to turf or landscape plants that contain more than two percent
phosphate or other compounds containing phosphorus. No individual application shall
exceed 0.25 pounds phosphate per 1000 square feet and the annual phosphate amount shall
not exceed OS pounds phosphate per 1000 square feet.
ii. The annual turf and landscape plant maximum allowable nitrogen amount shall be 4 pounds
per 1000 square feet. No individual application shall exceed 0.5 lbs of soluble or readily
available nitrogen and no more than 1 pound total nitrogen per 1000 square feet.
iii. No nitrogen fertilizer shall be applied to turf or landscape plants that contains less than 50
percent slow release nitrogen.
(b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site,
and shall not be applied for the first 30 days after seeding or sodding, except when hydro- seeding for
temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance
with the Stormwater Pollution Prevention Plan for that site.
(c) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as
provided in (a) above for turf, or in OF /1FAS recommendations for landscape plants, vegetable
gardens. and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved
test.
Page 5 of 9
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7/26/2011 Item 8.B.
SECTION NINE: APPLICATION PRACTICES
(a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all impervious
surfaces, fertilizer -free zones and water bodies, including wetlands.
(b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
(c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest extent practicable.
(d) Fertilizer released on an impervious surface must be immediately contained and either legally
applied to turf or any other legal site, or returned to the original or other appropriate container.
(e) In no case shall fertilizer be washed, swept. or blown off impervious surfaces into stormwater
drains, ditches, conveyances, or water bodies.
SECTION TEN: MANAGEMENT OF GRASS CLIPPINGS AND VEGETABLE MATTER
In no case shall grass clippings, vegetative material. and /or vegetative debris be washed,
swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or
sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed
to the maximum extent practicable.
SECTION ELEVEN: EXEMPTIONS
The provisions set forth above in this Ordinance shall not apply to:
(a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida
Statutes;
(b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures
used for grazing livestock;
(c) any lands used for bona fide scientific research, including. but not limited to, research on the
effects of fertilizer use on urban stormwater, water quality. agronomics, or horticulture;
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7/26/2011 Item 8.B.
(d) all golf courses provided that landscaping is done within the provisions of the Florida
Department of Environmental Protection document, "Best Management Practices for the
Enhancement of Environmental Quality on Florida Golf Courses, 2007' (Florida Golf Course
BMPs), as updated. Florida Golf Course BMPs shall be followed when performing landscaping
on golf course practice and play areas. If Florida Golf Course BMPs are not adhered to, Collier
County may take enforcement action in accordance with Section 14 of this Ordinance; or
(e) all Specialized Turf Managers provided that fertilization is based on the provisions of RULE
5E- 1.003(2)(d), F.A.C. and OF /IFAS Publication #SL 191 , while maintaining the health and
function of their Specialized Turf areas,
SECTION TWELVE: TRAINING
(a) All commercial and institutional applicators of fertilizer within the (un)incorporated area of
Collier County shall abide by and successfully complete the six -hour training program in the
"Florida- friendly Best Management Practices for Protection of Water Resources by the Green
Industries" offered by the Florida Department of Environmental Protection through the university of
Florida Extension "Florida- Friendly Landscapes" program, or an approved equivalent.
(b) Private, non - commercial applicators are encouraged to follow the recommendations of the
University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers.
SECTION THIRTEEN: LICENSING OF COMMERCIAL APPLICATORS
(a) Prior to I January 2014, all commercial applicators of fertilizer within the (un)incorporated area
of' Collier County shall abide by and successfully complete training and continuing education
requirements in the "Florida friendly Best Management Practices for Protection of Water Resources
by the Green Industries ", offered by the Florida Department of Environmental Protection through the
University of Florida IFAS "Florida - 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
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7/26/2011 Item 8.6.
Applicators shall provide proof of completion of the program to the County Tax Collector's office
within 180 days of the effective date of this ordinance.
(b) After 31 December, 2013, all commercial applicators of fertilizer within the (un)incorporated area
of Collier County shall have and carry in their possession at all times when applying fertilizer,
evidence of certification by the Florida Department of Agriculture and Consumer Services as a
Commercial Fertilizer Applicator per 5E- 14.117(18) F.A.C.
(c) All businesses applying fertilizer to turf and /or landscape plants (including but not limited to
residential lawns, golf courses, commercial properties. and multi- family and condominium
properties) must ensure that at least one employee has a "Florida- friendly Best Management
Practices for Protection of Water Resources by the Green Industries" training certificate prior to the
business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation
which may apply any fertilizer to Turf and /or Landscape Plants shall provide proof of completion of
the program to the County Tax Collector's Office.
SECTION FOURTEEN: ENFORCEMENT
Funds generated by penalties imposed under this section shall be used by Collier County for
the administration and enforcement of section 403.9337. Florida Statutes, and the corresponding
sections of this ordinance, and to further water conservation and nonpoint pollution prevention
activities.
SECTION FIFTEEN: PENALTIES
Enforcement of the terms of this Ordinance shall be pursuant to the Consolidated Code
Enforcement Ordinance (Ordinance 2010 -04. as it may be amended). To any degree that the Code
Enforcement Ordinance requires or mandates that an opportunity to cure or cure period be granted,
said cure opportunity or period shall not apply to this Fertilizer Ordinance. Enforcement proceedings,
absent the cure. may be initiated upon the discovery of the violation.
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7/26/2011 Item 8.B.
SECTION SIXTEEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by majority vote of the Board of County
Commissioners of Collier County, Florida. this day of 2011.
ATTEST:
DWIGHT E. BROCK. CLERK
By:
Deputy Clerk
.Approved as to form and
legal sufficiency:
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By: _
FRED W. COYLE, CHAIRMAN
Page 9 of 9
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7/26/2011 Item 8.13.
ORDINANCE NO
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 Countv conceming the use of fertilizer on urban landscapes,
NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY"
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: FINDINGS
As a result of impairment to COLLIER COUNTY'S surface waters caused by excessive
nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the
aquifers or springs within the boundaries of the county, the governing body of Collier County has
determined that the use of fertilizers on lands within the county creates a risk to contributing to
adverse effects on surface and/or ground water. Accordingly, the Board of County Commissioners of
Collier County finds that management measures contained in the most recent edition of the "Florida -
Jilendlr Best Management Practicer for Protection of Hater Resources br the Green Industries,
2008, " may be required by this ordinance.
SECTION TWO: PURPOSE AND INTENT
This Ordinance regulates the proper use of fertilizers by any applicator; requires proper
training of Commercial and Institutional Fertilizer Applicators: establishes training and licensing
requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application
rates and methods. fertilizer -free zones. lov maintenance zones. and exemptions. The Ordinance
Page 1 of 10
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7/26/2011 Item 83.
requires the use of Best Management Practices which provide specific management guidelines to
minimize negative secondary and cumulative environmental effects associated with the misuse of
fertilizers. These secondar and cumulative effects have been observed in and on Collier County s
natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and
other water bodies. Collectively, these water bodies are an asset critical to the environmental,
recreational, cultural and economic well -being of Collier County residents and the health of the
public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by
natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus
and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality.
SECTION THREE: DEFINITIONS
For this Article, the following terms shall have the meanings set forth in this section unless the
context clearly indicates otherwise.
"Administrator" means the County Manager, or an administrative official of county government
designated by the County Manager to administer and enforce the provisions of this Article.
"Application" or "Apply' means the actual physical deposit of fertilizer to turf or landscape plants.
"Applicator" means anv Person who applies fertilizer on turf and/or landscape plants in Collier
County.
"Board or Governing Board" means the Board of County Commissioners of Collier County, Florida.
"Best Management Practices" means turf and landscape practices or combination of practices based
on research, field - testing, and expert review, determined to be the most effective and practicable on-
location means, including economic and technological considerations, for improving water quality,
conserving water supplies and protecting natural resources.
"Code Enforcement Officer. Official, or Inspector" means any designated employee or agent of
Collier County whose duty it is to enforce codes and ordinances enacted by Collier County.
"Commercial Fertilizer Applicator", except as provided in 482.1562(9) F.S., means any person who
applies fertilizer for payment or other consideration to property not owned by the person or firm
applying the fertilizer or the employer of the applicator.
"Fertilize." "Fertilizing.- or "Fertilization" means the act of applying fertilizer to turf, specialized
turf, or landscape plants.
Page 2 of 10
Packet Page -237-
7/26/2011 Item 8.13.
"Fertilizer" means any substance or mixture of substances that contains one or more recognized plant
nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil
enrichment, or provides other corrective measures to the soil.
"Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability
claimed to be present in a fertilizer.
'Institutional Applicator' means any person. other than a private" non - commercial or a Commercial
Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the
purpose of maintaining turf and /or landscape plants. Institutional Applicators shall include, but shall
not be limited to, owners, managers or employees of public lands, schools, parks, religious
institutions, utilities, industrial or business sites and any residential properties maintained in
condominium and/or common ownership.
"Landscape Plant" means any native or exotic tree. shrub, or groundcover (excluding turf).
"Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water courses
which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc.
"Person" means any natural person, business. corporation, limited liabilin company, partnership,
limited partnership, association, club, organization, and /or any group of people acting as an
organized entit}.
"Prohibited Application Period" means Augttst I through September 30 and the time period during
which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or
Warning is in effect for any portion of Collier County.. issued by the National Weather Service, or if
heavy l 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- fr-iendh
Best Managenent Practices for Protection tlf water Resources hi the Green Industries, 2005, " 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 Turt Managers" means landscape manager of non agricultural land planted elclusivcl_v
for golf course, narks, or athletic fields.
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Page 3 of 10
Packet Page -238-
7/26/2011 Item 8.B.
"Turf," "Sod," or "Lawn "' means a piece of grass- covered soil held together by the roots of the grass.
"Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway
rights -of -way, or other nonagricultural lands that are planted with turf or horticultural plants. For the
purposes of this section, agriculture has the same meaning as in Florida Statute 570.02
SECTION FOUR: APPLICABILITY
This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and
areas of application of fertilizer within the area of Collier County unless such applicator is
specifically exempted by the terms of this Ordinance from the regulatory provisions of this
Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts.
SECTION FIVE: TIMING OF FERTILIZER APPLICATION
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the Prohibited Application Period, or to saturated soils.
SECTION SIX: FERTILIZER FREE ZONES
Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or
wetland as defined by the Florida Department of Environmental Protection (Chapter 62 -340, Florida
Administrative Code) or from the top of a seawall, unless a a°"° ^ter shiOla ,,_,... Spreader Or ligUid
applieaterwith a visible and sharply defined edge is used, in eAq@ a m-miffitim 43 feet shall
he mRiataiRed. Newly planted turf and/or landscape plants may be fertilized in this Zone only for a
sixty (60) day period beginning 30 days after planting if needed to allow the plants to become well
established. Fertilizer shall not be applied to native vegetated buffers required by Collier County
Land Development Code section 3.05.07F.3.f. Caution shall be used to prevent direct deposition of
fertilizer mrtrionts into the water.
SECTION SEVEN: LOW MAINTENACE ZONES
Page 4 of 10
Packet Page -239-
7/26/2011 Item 8.13.
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 Countv Code regulations apply, this provision does not
relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative
material may be deposited or left remaining in this zone or deposited in the water. Care should be
taken to prevent the over -spray of aquatic weed products in this zone.
SECTION EIGHT: FERTILIZER CONTENT AND APPLICATION RATES
(a) Fertilizers applied to turf and /or landscape plants within Collier County shall be formulated and
applied in accordance with requirements and directions provided by Rule 5E- 1.003(2). Florida
Administrative Code. Labeling Requirements For Urban Turf Fertilizers with the following
exceptions:
i. No fertilizer shall be applied to turf or landscape plants that contains more than two percent
phosphate or other compounds containing phosphorus. No individual application shall
exceed 0.25 pounds phosphate per 1000 square feet and the annual phosphate amount shall
not exceed 0.5 pounds phosphate per 1000 square feet.
ii. The annual turf and landscape plant maximum allowable nitrogen amount shall be 4 pounds
per 1000 square feet. No individual application shall exceed 0.5 lbs of soluble or readily
available nitrogen and no more than 1 pound total nitrogen per 1000 square feet.
iii. No nitrogen fertilizer shall be applied to turf or landscape plants that contains less than 50
percent slow release nitrogen.
(b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site,
and shall not be applied for the first 30 days after seeding or sodding, except when hydro- seeding for
temporary or permanent erosion control in an emergency situation (wildfire_ etc.), or in accordance
with the Stormwater Pollution Prevention Plan for that site.
Page 5 of 10
Packet Page -240-
7/26/2011 Item 8.6.
(c) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as
provided in (a) above for turf, or in OF /IFAS recommendations for landscape plants, vegetable
gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved
test.
SECTION NINE: APPLICATION PRACTICES
(a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all impervious
surfaces, fertilizer -free zones and water bodies, including wetlands.
(b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
(c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest extent practicable.
(d) Fertilizer released on an impervious surface must be immediately contained and either legally
applied to turf or any other legal site, or returned to the original or other appropriate container.
(e)In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater
drains, ditches, conveyances, or water bodies.
SECTION TEN: MANAGEMENT OF GRASS CLIPPINGS AND VEGETABLE MATTER
In no case shall grass clippings, vegetative material, and/or vegetative debris be washed. swept, or
blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or
roadways. Any material that is accidentally so deposited shall be immediately removed to the
maximum extent practicable.
SECTION ELEVEN: EXEMPTIONS
The provisions set forth above in this Ordinance shall not apply to:
(a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida
Statutes:
Page 6 of 10
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7/26/2011 Item 8.13.
(b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures
used for grazing livestock;
(c) any lands used for bona fide scientific research. including, but not limited to. research on the
effects of fertilizer use on urban stormwater. water quality, agronomics, or horticulture;
(d) all golf courses provided that landscaping is done within the provisions of the Florida
Department of Environmental Protection document, "Best Management Practices for the
Enhancement of Environmental Quality on Florida Golf Courses. 2007 "(Florida Golf Course
BMPs), as updated. Florida Golf Course BMPs shall be followed when performing
landscaping on golf course practice and play areas. If Florida Golf Course BMPs are not
adhered to, Collier County may take enforcement action in accordance with Section 14 of this
Ordinance; or
(e) all Specialized Turf Managers provided that fertilization is based on the provisions of RULE
5E- 1.003(2)(d), F.A.C. and OF /IFAS Publication #SL 191 , while maintaining the health and
function of their Specialized Turf areas.
SECTION TWELVE: TRAINING
(a)AIl 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
Jndustries" 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 Fards and Neighborhoods program when applying fertilizers.
SECTION THIRTEEN: LICENSING OF COMMERCI.AL 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- Mendh Best Aanagement Practices for Protection of water Resources
by the Green Industries ", offered by the Florida Department of Environmental Protection through the
Page 7 of 10
Packet Page -242-
7/26/2011 Item 8.B.
University of Florida IFAS "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 fertilizer,
evidence of certification by the Florida Department of Agriculture and Consumer Services as a
Commercial Fertilizer Applicator per 5E- 14.117(18) F.A.C.
(c) All businesses applying fertilizer to turf and /or landscape plants (including but not limited to
residential lawns, golf courses, commercial properties, and multi- family and condominium
properties) must ensure that at least one employee has a "Florida - friendly Best Management
Practices for Protection of Water Resources by the Green Industries" training certificate prior to the
business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation
which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of
the program to the County Tax Collector's Office.
SECTION FOURTEEN: ENFORCEMENT
Funds generated by penalties imposed under this section shall be used by Collier County for the
administration and enforcement of section 403.9337, Florida Statutes, and the corresponding sections
of this ordinance, and to further water conservation and nonpoint pollution prevention activities.
SECTION FIFTEEN: PENALTIES
Enforcement of the terms of this Ordinance shall be pursuant to the Consolidated Code
Enforcement Ordinance (Ordinance 2010 -04.as it may be amended). To any degree that the Code
Enforcement Ordinance requires or mandates that an opportunity to cure or cure period be granted.
Page 8 of 10
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7/26/2011 Item 8.6.
said cure opportunity or period shall not apply to this Fertilizer Ordinance. Enforcement proceedings,
absent the cure, may be initiated upon the discovery of the violation.
Page 9 of 10
Packet Page -244-
7/26/2011 Item 8.13.
SECTION SIXTEEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by stp majority vote of the Board of County
Commissioners of Collier County, Florida, this
ATTEST:
DWIGHT E. BROCK, CLERK
10
Deputy Clerk
Approved as to form and
legal sufficiency:
Steven T. Williams
Assistant County Attorney
day of .2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By-
FRED W. COYLE, CHAIRMAN
Page 10 of 10
Packet Page -245-
Go fie-r County
7/26/2011 Item 8.6.
Growth Management Division
Planning & Regulation
Memorandum
To: William D. Lorenz, Jr., P.E., Director Land Development Services
From: Mac Hatcher, Senior Environmental Specialist
Date: June 29, 2011
Subject: Collier County Florida - Friendly Use of Fertilizer on Urban Landscapes
During the June 14. 2011 Board of County Commissioners hearing the commissioners requested
the following provisions be incorporated in the state draft model ordinance and support for these
provisions be documented. Additionally the commissioners requested that a through water
quality analysis be performed after a year.
Alternate Provisions
• Fifty percent slow release nitrogen.
• Less than 2 percent phosphate
• Annual limit of 4 pounds of nitrogen per 1000 square feet
• Fertilizer application Prohibited Period of August and September
• Fertilizer Free buffer of 10 feet
• Fruit and vegetable exception.
The more stringent provisions will be discussed individually below. Staff requested input from
Florida Department of Environmental Protection (FDEP). Department of Agriculture and
Consumer Services (DACS). and the University of Florida Institute for Food and Agricultural
Sciences (IFAS) on most of these provisions in March 2011 (except the 20'o phosphorus limit and
the prohibited period was .Tune — September). The state agency responses are attached. There
are not directed scientific studies to address these specific restrictions, however there are
conceptual studies and agency recommendations that support most the restrictions. Additionally
we received support documents from Judith Hushon and the Conservancy of' Southwest Florida
and have attached both of these support documents.
With the exception of the shortened prohibited period and phosphorus restriction these
provisions are consistent with the adjacent jurisdiction's fertilizer ordinances (City of Naples,
Lee County, and Bonita Springs). The FDEP model ordinance guidance points out there are
disadvantages of confusing jurisdictional differences. The Florida Friendly Best management
Practices for the Protection of Water Resources by the Green Industries (GI BMP)(FDEP 2008)
is the basis for training for the model ordinance commercial applicator training and certification
program. Recommendations from this document and other agency recommendations are
accepted as support for these more stringent provisions.
Packet Page -246-
7/26/2011 Item 8.13.
50 % Slow Release Nitrogen
There have not been studies to determine the optimal percentage of slow release nitrogen in
urban landscape fertilizers. Support for the recommendation of requiring fifty percent slow
release nitrogen is in the Florida Friendly Best management Practices for the Protection of Water
Resources by the Green Industries (GI BMP) in the nitrogen management section. The GI BMP
recommendation for individual nitrogen application rates for water - soluble nitrogen is 0.5
pounds per 1000 square feet and the total nitrogen limit is 1.0 pound of nitrogen per 1000 square
feet. Thus a 1 pound application (the maximum legal application) of nitrogen would need to be
at least 50 % slow release nitrogen.
The percentage of slow release nitrogen is not required to appear on the label so the applicator
must be able to know how to figure this percentage. This simple calculation will be included in
the proposed public education program. The 50 °io slow release nitrogen standard has been
adopted by all adjacent jurisdictions and recommended by the Environmental Advisory Council
(EAC) and Collier County Planning Commission (CCPC).
4 Pound Per 1000 Square Feet Annual Nitrogen Limit
There have not been studies to determine that 4 lbs of nitrogen per 1000 sq ft is the best
application rate. The Florida Yards and Neighborhoods Handbook (IFAS and FDEP 2009)
recommends fertilizing only when needed and suggests that in south Florida the application rate
of nitrogen for bahiagrass and centipedegrass would be 2 lbs. and for St. Augustine or
zoysiagrass it would be 3 - 4 lbs. The annual limit of 4 pounds of nitrogen per 1000 square feet
is a moderate amount compared with the FAC 5E- 1.003(2)4 Fertilizer Label Requirements (table
below). For south Florida a 4 lb application rate is in the range for most turf grasses and is at the
low end for St Augustine grass however it is less than the minimum recommendation for
Bermudagrass. The 4 pounds of nitrogen per 1000 square feet annual limit has been adopted by
all adjacent jurisdictions and was recommended by the EAC and the CCPC and the South West
Florida Regional Planning Council (SWFRPC).
Taken From FAC 5E- 1.003(2)4
Fertilization Guidelines
for Established Turfgrass Lawns in Three Regions of Florida
Nitrogen recommendations
(lbs N ! 1000 ft-, year)*
Species
North
Central South
Bahiagrass
2 -3
2 -4 2 -4
Bermudagrass
3 -5
4 -6 5 -7
Centipedegrass
1 -2
2 -3 2-3
St. Augustinegrass 2 -4
2 -5 4 -6
Zoysiagrass 3 -5 3 -6 4 -6
North Florida is north of Ocala. Central Florida is defined as south of Ocala to a line extending from Vero Beach to
Tampa. South Florida includes the remaining southern portion of the state.
Less Than Two Percent Phosphorus
There are no directed studies to define an optimal phosphorus fertilizer content staff is aware off.
The GI BMP recognizes phosphorus is implicated to cause algal blooms and recommends soil
Growth Management Division
Office of Land Development - Stormwater and Environmental Planning Section
Packet Page -247-
7/26/2011 Item 8.6.
testing for phosphorus prior to applying and where applications are based on soil tests the
recommendation is to test annually. The model ordinance utilizes the FAC 5E -1.003 Fertilizer
Label Requirements which require a per application limit of 0.25 lbs per 1000 square feet. In the
survey of available fertilizers from large retailers for the CCPC two of the 13 products labeled
for turf application had a phosphorus content that would exceed the annual application limit for
phosphorus if the annual nitrogen application was four pounds per 1000 square feet. (One of
these products was greater than two percent phosphorus and the other was 2 percent
phosphorus.) To ensure the protective annual limit of 0.5 pounds of phosphorus per 1000 square
feet the per application and annual application rates were added to the ordinance in addition to
the 2 percent phosphorus limit. Fertilizers labeled for landscape plants are more likely to contain
more than 2 % phosphorus. The City of Naples has a 2 % Phosphorus limit. Lee County and
Bonita Springs use the model ordinance application restrictions. The CCPC recommended no
phosphorus fertilizer without a soil test indicating a deficiency.
Prohibited Nitrogen and Phosphorus Fertilizer Application period
There are no studies to define when rainfall will initiate leaching or runoff. Other jurisdictions
have built a case for a June to September ban based on wet season rainfall patterns. In addition to
the increase in rainfall frequency ground water conditions should be considered. The Soil
Survey of Collier County shows that the runoff potential is high (Figure 1) when soils are
thoroughly wet. The seasonal high water table data shows that ground water is within 6 inches
of the ground surface in most areas (Figure 2) during the wet season. Rainfall in July. August
and September exceed the estimated wet season monthly average evapotranspiration rate of
approximately 4.1 inches indicating the ground water elevations would be rising. Considering
the frequency of rainfall and average monthly evapotranspiration rate saturated soil conditions
are likely in August and September. It is a practical enforcement solution to prohibit nitrogen
and or phosphorus fertilizer applications at this time of year. The City of Naples, Lee County,
Bonita Springs, and EAC recommended a prohibition period of June through September. The
CCPC recommended a prohibition period of August and September.
Precipitation - Ft. Myers, Fl. 1944- 1983
Avg. Total Days 0.1 in or
more
January
1.7
5
February
2.17
6
March
2.56
5
April
1.97
5
May
4.04
8
June
4.23
15
July
8.72
18
August
8.3
18
September
8.55
16
October
3.96
8
November
1.34
4
December
1.43
5
Yearly Avg.
53.97
From the Collier
County Soil Survey
Growth Management Division
Office of Land Development - Stormwater and Environmental Planning Section
Packet Page -248-
7/26/2011 Item B.B.
Ten Foot Fertilizer Free Buffer for Water Bodies and Wetlands
There are no scientific studies to define the recommended width needed to protect a water body
from nutrient runoff. There are studies that show that a vegetated buffer will reduce the nutrients
in the runoff and reduce the amount of runoff. The Florida Yards and Neighborhoods
publication from FDEP and IFAS recommend a 10 foot low maintenance buffer zone to help
reduce pesticide and fertilizer runoff. The City of Naples, Bonita Springs and Lee County have a
10 foot fertilizer free requirement and the EAC and CCPC recommended the same buffer
distance.
Fruit and Vegetable exception
Section 8 (c) allows an applicator to follow IFAS guidelines to fertilize fruit and vegetables. No
change was thought necessary to address this issue.
Water Quality Analysis
The Pollution Control and Prevention Departments surface water monitoring network annual
assessment will be utilized to evaluate the effectiveness of the fertilizer ordinance. Water quality
stations in the urban area will be compared to rural stations where impacts from the fertilizer
ordinance will be minimal. Nitrogen, phosphorus, and chlorophyll will be analyzed for
significant change approximately a year after adoption of the ordinance. This will be
accomplished as part of the annual water quality assessment.
Growth Management Division
Office of Land Development - Stormwater and Environmental Planning Section
Packet Page -249-
7/26/2011 Item 8.B.
Figure 1 Areas with High Runoff Potential
Figure 2 Areas with a seasonal high water table within 0.5 feet of ground surface
Growth Management Division
Office of Land Development - Stormwater and Environmental Planning Section
Packet Page -250-
7/26/2011 Item 8.B.
Collier County Soils Seasonal High Water Table
+}
Legend "_ ° `«
Seeswxl High Vitet'tabie
Feet
Feeet Deep '', '�• ssrb`.,+4 - -.M _ � �s +� ,'�
Saturated
0 E, Feet bela, Grw= _ d •:..
Ae
-_ - e
?-=— i' r r
t ( .. r
ir 2
i
1 J yJ
y
r
s3j'W
kYn atnrse � ; � MM _
Growth Management Division
Office of Land Development - Stormwater and Environmental Planning Section
Packet Page -251-
February 8, 2011
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee. Florida 3 2399 -2400
Collier County
Attn: Mac Hatcher, Senior Environmental Specialist
3299 Tamiami Trail E
Suite 202
Naples, FL 34112
Dear Mr. Hatcher:
7/26/2011 Item 8.6.
Eiel, ,Scott
i cnn 11 r:; annll
.,� Governor
flcrschri 'I. A-incard_.h=
]ecr;.tan
Thank you for your request dated February 3, 2011 seeking input from the Department
on additional provisions to vour 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 surface
water resources more vulnerable to nutrient enrichment. Florida Statue 403.9337
acknowledges these points and provides local governments the authority to amend the
ordinance with more stringent requirements. This authority is granted contingent upon
documentation of those site specific conditions associated with increased vulnerability
and documentation that complementar measures to the ordinance (a comprehensive
non -point source control program) have been implemented.
The Department has reviewed the ordinance and identified four items as more stringent
than the 2010 draft model ordinance. Those provisions, addressed individually below,
are:
• Application of fertilizer containing N or F is prohibited June 1 - September
30.
• Application is prohibited within 10 feet of a waterbody.
• Total Nitrogen application is limited to 4 lb /1000ft2 per vear.
• All Nitrogen fertilizer shall not be less than 30% water insoluble, or slow
release, forms.
Packet Page -252-
7/26/2011 Item 8.13.
Mr. Hatcher
Page 2
February S, 2011
Application of fertilizer containing N or P is prohibited June 1 - September 30.
The provision for a June 1- 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. This is especially a possibility in the fall when turf grasses 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.
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 during these months to ensure that
adequate capacity is available to absorb more intense rainfall events when
the), 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 moisture holding capacity and
minimize runoff during 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 nutrients can be absorbed by_
the plants or otherwise immobilized.
The Department 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
contribute one inch or more of rain, and refer to Figure 3 by Dr. Thomas, Dr.
Thomas points out that this is a slide of volume, not event frequency. Only
13.610 of events at Ft. Myers exceeded 1 inch of rainfall, according to Table 3.2 of
Packet Page -253-
7/26/2011 Item S.B.
Mr, Hatcher
Page 5
February 8, 2011
the 2007 Harper report. However, those events do contribute about 50 °0 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 Industry 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 waterbodv where permitted by land use and landscaping codes.
The manual recommends a1O 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 the model, the
proposed 10 -foot setback is consistent with adjacent communities. Such
consistency may help businesses avoid confusion when operating in multiple
jurisdictions. The 10 -foot setback is also consistent with the Florida Yards and
Neighborhoods Handbook, written for homeowners.
Total Nitrogen application is limited to 4 lb/1OOOft2 per year.
This provision does not correspond to the Urban Turf Rule, upon which
manufacturer instructions are based. The stricter standard may require
homeowners to perform unfamiliar mathematical calculations to determine
allowable application rates that are different than manufacturer's instructions on
the bag. Additionally, this standard is 1 lb less than the minimum OF -IFAS and
Urban Turf Rule recommendation for Bermudagrass in south Florida.
All Nitrogen fertilizer shall not be less than 50" /b water insoluble, or slow release,
forms.
This provision is more stringent than the model ordinance and does not
correspond to the 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. The Department's Green Industry Best
Management Practices is more stringent than the Urban Turf Rule; however, it i�
written for professionals who attend a six -hour training course addressing these
and other issues.
Packet Page -254-
7/26/2011 Item 8.B.
Mr. Hatcher
Page 4
February 8, 2011
Additionally, this provision may inhibit the abilit, of homeowners to provide
immediate treatment 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.
The collective actions of Collier County to prevent nutrient loadings into adjacent
surface waters are recognized and appreciated. Adoption of a local ordinance for urban
fertilizer use will enhance the already implemented elements of the county's
stormwater control program. 1 hope you find the comments offered above to be of
assistance in demonstrating consistency with the expectations established in Florida
Statutes 403.9337.
Sincerely,
Thomas M. Frick
Chief, Bureau of Watershed Restoration
TMF /mt
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7/26/2011 Item 8.13.
DIVISION OF AGRICULTURAL _ .� THE CONNER BUILDING
ENVIRONMENTAL SERVICES F 3125 CONNER BOULEVARD
(850) 617 -7900 TALLAHASSEE, FLORIDA 32399 -1650
f
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
of N migrating to surface water from native upland and undeveloped areas receiving no
fertilization is 1.15 mg/L. The concentration of 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 of unsubstantiated standards jeopardizes turf health 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-
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W W W.FTesh FromPlorida.com
7/26/2011 Item 8.13.
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 of the 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.
cc: Anderson H. Rackley, Director
Steve Dwinell, Assistant Director
Sincerely,
ADAM H. PUTNAM
COMMISSIONER OF AGRICULTURE
� v" '1�4 0�—.
Weldon Collier, Program Planning Coordinator
Division of Agricultural Environmental Services
Packet Page -257-
UFFLORIDA
Institute of Food and Agricultural Sciences
ENVIRONMENTAL HORTICULTURE
March 9, 2011
Mac Hatcher
Stormwater and Environmental Planning Section
Department of Land Development Services
2800 North Horseshoe Drive
Naples, FL 34104
7/26/2011 Item 8.13.
EnN ironmental Horticulture
1J49 Fifield Hall
PO Box 11o670
(352) 392 -1831
Fax (352) 392 -6270
httj)://hor,t.ifas.ufl.edu
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 LandscapingTM 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 OF -IFAS Florida Friendly LandscapingTM program. Requirements in this
draft ordinance that are contrary to existing science or where science is not available to
support the proposed requirement will be identified and explained. In the cases where
science does not support the recommendation in the ordinance, it is possible that more
damage will be done to the environment and to impair water quality if enacted rather than
delaying these specific recommendations until scientific knowledge is available.
A thorough review of scientific literature related to urban water quality is now
available. The updated report from the University of Florida — IFAS, "Urban Water
Quality and Fertilizer Ordinances: Avoiding Unintended Consequences." is available
online at http: / /edis.ifas.ufl.edu/ss496. The report is a literature review of more than
100 scientific papers published nationally in the past 40 years. Together, these
papers provide a clear picture of the relationships among water quality and
landscape fertilization, leaching and runoff.
Two books published in 2008 provide additional details on maintaining urban water
quality and the relationship to landscape and turfgrass management:
Water Quality and Quantity Issues for Turfgrasses in Urban Landscapes. Beard, J. B. and M.
P. Kenna (eds). Council for Agricultural Science and Technology (CAST) Special Publication
27. Ames, IA. 2008.
The Fate of Nutrients and Pesticides in the Urban Environment, Vol. 997. Nett, M. T., Carroll,
M. J., Horgan, B. P., and Petrovic, A. M. (eds). American Chemical Society, Washington,
D.C. 2008.
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OF -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 al., 2010).. The researchers measured runoff volume and P
loads moving off the research site plots. Where N and K were supplied (better growth), P in
the runoff increased as the P rate increased. P runoff from the unfertilized plots (no N and
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.
OF /IFAS research shows that leaching was negligible during the summer months from
St.Augustinegrass grown with a commercial fertilizer containing 62% soluble /38% controlled -
release N at a 1.0 lb N /1000 sq. ft. rate (Erickson, et. al. 2008). New research at OF -IFAS
has shown that leaching from turfgrass is greater in the spring and fall than in the summer. In
a Florida DEP- funded project more nitrogen is lost from fertilizer applications made during the
time of year when the turfgrass is not growing as actively as it is in the summer (Trenholm et.
al. 2011). The following are some preliminary results from the multi -year, multi -site study:
1. As St Augustinegrass matured after the first year, NO3 —N leaching was minimal, even
at very excessive application rates. No significant correlation with N rate and NO3 -N
leaching was found.
2. Zoysiagrass was more prone to leaching at high N rates.
a. Less N is needed for zoysiagrass health and quality than for St. Augustinegrass
b.Greater disease pressure leads to less viable turf and more NO3 -N leaching.
3. There was a tendency for greatest NO3 -N leaching in spring and fall, not in summer.
4. All cultural practices, including fertilization and irrigation are important to reduce
nutrient movement from turfgrass.
5. Even at high rates imposed in this study, NO3 -N leaching did not exceed 1.3% of the
applied N in St Augustinegrass.
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6. Turfgrass quality and health were adequate with the current OF -IFAS fertilizer
recommendations.
Other studies have shown that over 75% of fertilizer applied to turfgrass can be accounted
for in turfgrass clippings, verdure, thatch, soil, roots, and leachate with the remainder being
lost through volatilization and denitrification which results in release of nitrogen into the
atmosphere (Frank, 2006). Research results have clearly shown that healthy and well -
managed turfgrass can actually slow runoff and trap pollutants (Beard and Green, 1994;
Schueler and Swann, 2000c; USEPA, 1992). Studies have shown the positive nutrient
characteristics of turfgrass compared to bare ground or poor quality turfgrass as a result of
improper or lack of fertilization, insect or disease problems or poor irrigation practices (Gross
et. al. 1990 ). They concluded that very low concentrations of NO3 -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 photo respiration 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 al., 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 OF -IFAS 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 OF -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 OF -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 OF -IFAS Florida Friendly
Landscaping recommendations (Florida Yards and Neighborhoods Handbook, 2009, page
45). The OF -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 al.,
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 al.,
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 al., 2001). Bare -soil areas are most prone to soil erosion that carries
nutrients with the displaced soil.
SECTION SEVEN: LOW MAINTENACE ZONES
A voluntary ten (10) foot low maintenance zone is strongly recommended, but not
mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall.
A swale /berm system is recommended for installation at the landward edge of this low
maintenance zone to capture and filter runoff. If more stringent Collier County Code
regulations apply, this provision does not relieve the requirement to adhere to the more
stringent regulations. No mowed or cut vegetative material may be deposited or left
remaining in this zone or deposited in the water. Care should be taken to prevent the over -
spray of aquatic weed products in this zone.
As noted, these recommendations are consistent with FDEP Chapter 62 -340 Model
Landscape Draft Ordinance. Also, the recommendation is in compliance with the OF -IFAS
Florida Friendly LandscapingTm recommendations (Florida Yards and Neighborhoods
Handbook, 2009, page 45). The OF -IFAS recommendations in this edition of the Florida
Yards and Neighborhoods Handbook supersede all previous Florida Yards and
Neighborhoods recommendations.
SECTION EIGHT: FERTILIZER CONTENT AND APPLICATION RATES
(a) Fertilizers Applied to Turf and /or Landscape Plants within Collier County shall
contain no less than fifty percent (50%) Slow Release Nitrogen per Guaranteed Analysis
Label.
(b) Fertilizers should be applied to Turf and /or Landscape Plants at the lowest rate
necessary. No more than four (4) lbs. of nitrogen per 1000 ft- snall be applied to any
Turf /landscape area in any calendar year.
(c) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding
or sodding a site.. and shall not be applied for the first 30 days after seeding or sodding,
except when hydro- seeding for temporary or permanent erosion control in an emergency
situation (wildfire, etc.). or in accordance with the Stormwater Pollution Prevention Plan for
that site.
(d) Nitrogen or phosphorus fertilizer shall not be applied tc turf or landscape plants
except as provided in (a) above for tun, or in OF /IFAS recommendations for landscape
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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 al., 2007;
Snyder et al., 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
turrgrasses when applied at high rates (higher than recommended by OF -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 OF -IFAS Florida Friendly LandscapingTM
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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(e)In 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 OF -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 al., 2004). For this reason, the OF -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.
OF -IFAS through the Center for Landscape Conservation and Ecology and the
Florida Friendly Landscaping TM 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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7/26/2011 Item 83.
program is available also. The training program has been approved by FDEP and
individuals completing the course and passing an exam receive a Certificate of Completion.
References
Beard, J.B. and R.L. Green. 1994. The Role of Turfgrasses in Environmental Protection and
their Benefits to Humans. Journal of Environmental Quality 23:452 -460.
Bierman, P. M., B. P. Horgan, C. J. Rosen, A. B. Hollman, and P. H. Pagliari. 2010.
Phosphorus runoff from turfgrass as affected by phosphorus fertilization and clipping
management. J. Environ. Qual. 39:282 -292.
Blanco - Canqui, H., C. J. Gantzer, S. H. Andersen, 2006. Performance of grass barriers and
filter stips under interrill and concentrated flow. J. Environ. Qual. 35:1969 -1974.
Blanco - Canqui, H., C. J. Gantzer, S. H. Andersen, and E. E. Alberts. 2004. Grass barriers for
reduced concentrated flow induced soil and nutrient loss. Soil Sci. Soc. Amer. J. 68:1963-
1972.
Easton, Z. M. and A. M. Petrovic. 2004. Fertilizer Source Effect on Ground and Surface
Water Quality in Drainage from Turfgrass. J. Environ. Qual. 33: 645 — 655.
Erickson, J. E., J. L. Cisar, J. C. Volin, and G. H. Snyder. 2001. Comparison of nitrogen
runoff and leaching between newly established St. Augustinegrass turf and an alternative
residential landscape Crop Sci. 41: 1889 -1895.
Erickson, J. E., J. L. Cisar, G. H. Snyder, D. 2008. Does a mixed - species landscape reduce
inorganic- nitrogen leaching compared to a conventional St. Augustinegrass lawn? Crop
Science, Vol. 48:1 -9.
Erickson, J. E., D M. Park, J. L. Cisar, G. H. Snyder, A. L. Wright. 2010. Effects of Sod
Type, and fertilization on Nitrate - Nitrogen Leaching and Orthophosphate- Phosphorous
Leaching from Newly Established St. Augustinegrass Sod. Crop Science: 50:1030 — 1036
Florida Department of Agriculture and Consumer Services. 2007. Rule 5E- 1.003(2). Labeling
requirement for urban turf fertilizers. http: / /www.flaes.oratodf/
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'I. Turfgrass Soc. Res. Jour. 10: 55 -69.
Protecting Water Quality from Urban Runoff. 2003. U. S. Environmental Protection Agency
Publication 841 -F -03 -003. Washington, DC
Raciti, S. M., P. M. Groffman, and T. J. Fahey. 2008. Nitrogen retention in urban lawns and
forests. Ecological Applications, 18: 1615 -1626.
Schueler, T., and C. Swann. 2000c, Urban Pesticides: From the Lawn to the Stream.
Watershed Protection Techniques 2(1):247 -253.
Strynchuk, Justin, John Royal and Gordon England, 2004. Grass and Leaf Decomposition
and Nutrient Release Study under Wet Conditions. Proceedings of the Joint Conference on
Water Resource Engineering and Water Resources Planning and Management 2000. 431
pg. American Society of Civil Engineers. Reston, VA USA.
Trenholm, L. E., J. K. Kruse and J. B. Unruh. 2010. The Fertilizer Toolbox. OF -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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Packet Page -266-
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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: / /cfpub epa gov/ npdes / stormwater /menuofbmps /index.cfm ?action= browse &Rbuttor,=deta
it &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,
Terril A. Nell, Chair, Environmental Horticulture Department and
Director, Center for Landscape Conservation and Ecology
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7/26/2011 Item 8.13.
TO: Jeffrey Klatzow, County Attorney, Collier County Florida
FROM: Judith Hushon, Ph.D. Chair, Collier County Environmental Advisory Council
SUBJECT: Scientific Backup for Fertilizer Ordinance that is More Strict than the State Standard
DATE: June 21, 2011
At the meeting of the Board of County Commissioners on June 14, 2011, Commissioner Donna Fiala
moved to direct the preparation of a Fertilizer Ordinance for Collier County that was stricter than the
State Standard Fertilizer Ordinance in four areas. Commissioner Georgia Hiller requested the scientific
backup for these four stricter provisions and this memo constitutes that backup.
These responses are specifically aimed at meeting the needs of Collier County. Because the state is
large and encompasses a variety of soil types, the standard ordinance had to be less restrictive than that
which is needed in a southwest Florida coastal county where nutrient runoff quickly affects the Gulf of
Mexico.
Accompanying this memo is a file with citations and pages that are highlighted showing the points being
emphasized. It should be noted that many of these documents are the same ones mentioned by Dr.
Tirell Nell during his presentation on June 14. Also provided are the full texts for each referenced
document should you wish to refer to them.
Provision 1: Requirement for at least 50% slow release nitrogen fertilizer and an annual limit of 4 Ibs
N/1000 sf.
Both IFAS and FDEP in their BMPs and Handbooks recommend not applying "fertilizer at greater than
the recommended rate of 0.5 Ibs of soluble N per 1000 sf per application" and approximately four
applications per year (depends slightly on type of grass). This same BMP applies to both yards and golf
courses. During testimony, Dr. Tirrell Nell stated that this is the application rate recommended by IFAS.
Provision 2: No application of Phosphate unless indicated by an appropriate soil test
During the presentation by Dr. Tirell Nell of IFAS at the June 14 hearing, he stated that he was missing a
slide showing that the concentration of phosphate in Florida is generally sufficient that no additional
phosphate needs to be added. The insert is the map he intended to show and comes from the
University of Florida. As you can see, Southwest Florida has high natural phosphate concentrations.
The "Best management Practices for the Enhancement of environmental Quality on Florida Golf
Courses" similarly states on page 44 "...many areas of the state are very sensitive to excess P.
Phosphorous is abundant in some soils and should never be added to turf without a specific reason. Soil
...should almost always be tested before fertilizing with P." On page 38, this same document states
"Many Florida soils have adequate, or even excessive, amounts of P."
Packet Page -268-
7/26/2011 Item 8.6.
Total phosphorus zones
Dr. Nell stated that only permitting use of phosphate in fertilizing operations if a soil test indicated low
levels was what IFAS recommends.
Provision 3• Use of a 10 ft buffer from lakes streams, drainage ditches or other water bodies.
The "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf
Courses" recommend the use of 25' non - irrigated buffers, mowed to a depth of 34" along water bodies.
These buffers are designed to "reduce nutrient inputs before they reach open water." The
recommended slope for the sides of stormwater retention lakes is 1ft in height for each 10 ft horizontal.
This means that the non - fertilized area is meant to be 2 1/2 feet above the maximum lake depth.
These Best Management Practices (BMPs) were developed together with IFAS and Florida DEP and so
conform to both agency's recommendations.
The 10 ft buffer being considered by Collier County is less than that recommended for golf courses and
less than that recommended by some other jurisdictions (Sanibel recommends 25 ft ) but the City of
Naples, Marco Island, Lee County and Sarasota County all recommend 10 ft.
This can be justified by the fact that homeowners have less land to deal with and often live closer to a
stormwater retention pond than the golf course fairways. Therefore, a smaller number may be more
appropriate for them.
Provision 4• No application of fertilizer during the months of August and September.
The following graph shows the typical rainfall in Collier County by month. In general, sufficient rain is
received during June and July to saturate the soil. Rain in August and September, therefore, tends to
run off to stormwater overflows; this rain carries recently applied fertilizer with it. Most of the
4
Packet Page -269-
7/26/2011 Item 8.13.
1.1z, 5.:.- .,,
coastal jurisdictions in Florida that have enacted fertilizer ordinances have limited fertilizer application
during the period June 1— September 30. Collier County's proposed ordinance would be less strict than
those of the City of Naples, Lee County, the City of Marco Island, Sanibel Island, etc. but it would still
accomplish the intended purpose of reducing fertilizer runoff.
Most granular fertilizers recommend application 3 -4 times per year. The use of slow - release, granular
fertilizer will ensure that turf fertilization is achieved during this two month hiatus from application.
One of the points raised during testimony is that turf grass grows most during the summer months. This
is less true in south Florida than in more northern parts of the state because our weather is warmer year
round and we do not experience frosts.
It is universally recommended that fertilizers not be applied when rain is expected within 24 hours. This
is tricky in southwest Florida from June to the end September when rain occurs on average every 1
days. Therefore, the concept of a moratorium during at least part of this period makes sense because
fewer errors in judgment concerning when to apply the fertilizer will be made. It is also true that
landscape services have certain days of service for each customer and if rain is expected on that day,
they may apply the fertilizer anyway just to say they did it.
Packet Page -270-
7/26/2011 Item 8.13.
Protecting Southwest Florida's unique nalural environment an- quaiita o' iife, ... noW and forever.
CONSERVANCY
orSuulhweu Florida
June 27, 2011
Jeffrey Klatzkow, County Attomey
3299 Tamiami Trail East. Suite 800
Naples, FL 34112
Dear Mr. Klatzkow:
The Conservancy of Southwest Florida, representing our over 6,000 members, supports a strong,
protective fertilizer ordinance for the benefit of our regional water quality. Specifically, we
support the adoption of the following effective measures: (1) No greater than 4 lb. nitrogen per
1,000 square feet per year, (2) Use of 50% slow release nitrogen product, (3) No phosphorous
application unless testing reveals soil deficiency, (4) Fertilizer -free buffer zone of 10 feet with
deflector shield, (5) Rainy season prohibited application period from June- September (or,
alternatively, as directed by the Commissioners, two months during August and September).
Collier Countv Meets State Statute Requirements to Adopt More Stringent Measures
Some of the measures proposed to more adequately protect our waters from fertilizer nutrient
pollution are more stringent than the State Model Ordinance. We are fully cognizant of the state
statute regarding local ordinances more stringent than the State Model, and the County can meet
the requirements necessary to adopt the more stringent, more protective measures.
As you are aware, due to the presence of impaired waters within the County, the County is
required to adopt the State Model Ordinance, at a minimum'. The County may adopt more
stringent standards to address local conditions, such as quality of water bodies, soils, urban or
rural characteristics, etc.z. The State Model Ordinance states that avoiding confusing
jurisdictional differences should also be a consideration when proposing more stringent
measures3. In the case of Collier County, adoption of more stringent measures as proposed (such
as those listed above), would minimize such differences between the County's adjacent
municipalities.
Additionally, the State Model Ordinance provides guidance that more stringent measures are
most appropriate when the municipality has "verified impaired waters and are facing existing or
' Fla. Stat. §403.9337(2).
` Fla. Stat. §403.9336.
3 Florida Department of Environmental Protection and University of Florida IFAS Extension. Florida - Friendly
Landscape Guidance Models for Ordinances, Covenants, and Restrictions. Model Ordinance for Florida - Friendly _
Fertilizer Use on Urban Landscapes. P. 23. O
1
1450 IJierrihue Dive I Naple Florida 34102 ' "O °f'O nQ"'' _,, -9.26 Oo7_ ww w.conservency.orc
Packet Page -271-
7/26/2011 Item 8.13.
possible TMDL requirements." "verified harm to human health or harm to the environment," and
that they will help "prevent future impacts of fertilizers on the environment'." Although the
guidance recommends that municipalities meet at least one of these points, Collier County could
meet all three.
To adopt more stringent standards, the state statute asks that (a) fertilizer management be one
component within a comprehensive program aimed at reducing nonpoint nutrient pollution`, (b)
the program is ",science- based ", economically and technically feasible6. (c) the measures be
necessary to address nonpoint source pollution loading to a waterbody'. (d) relevant scientific
information has been considered in a public wave_ and (e) the County has solicited and reviewed
input from Florida Department of Agriculture and Consumer Services and University of Florida
Institute of Food and Agricultural Sciences.
Collier County has an Existing Comprehensive Program
In December, the Conservancy of Southwest Florida submitted a letter to the County regarding
science -based support for the more stringent measures, as well as providing examples of the
County's existing comprehensive program. The County's comprehensive program includes. but
may not be limited to, existing code language regarding landscaping and irrigation practices 10, as
well as water pollution and litter control ordinances I]. A water monitoring program. the Gordon
River Water Quality Park, and educational measures also contribute to the existing
comprehensive program. Although these programs are in place, additional nonpoint source
reductions are needed: a strong, protective fertilizer ordinance would make a good addition to
this program.
Stringent Fertilizer Ordinance is Science Based and Meets State Statute
In our December letter, and in subsequent public hearings, the Conservancy submitted several
scientific and technical documents that support the need for more stringent fertilizer ordinance
regulations and the fact that the proposed more stringent measures are science- based.
Additionally, we include, as an attachment to this letter, a CD with over fifty sources that can
provide support for the more stringent measures proposed b} the County.
The scientific and technical sources include information regarding the effect of nutrients,
including nutrient pollution from misapplication and misuse of fertilizers, on the degradation of
water resources. For example, we provided information that excess nutrients in waters can
facilitate harmful algal blooms, as well as extend the life of algal blooms.. such as red tide. Other
` Florida Department of Environmental Protection and University Df Florida IFAS Extension, 2009. Florida - Friendly
Landscape Guidance Models for Ordinances, Covenants, and Restrictions. Model Ordinance for Florida - Friendly
Fertilizer Use on Urban Landscapes. P. 23.
Fla. Stat. §403.9337(2)(a).
6 Fla. Stat. §403.9337(2)(a).
Fla. Stat. §403.9337(2)(a).
s Fla. Stat. §403.9337(2)(b).
$ Fla, Stat. §403.9337(2)(b).
10 Collier County LDC, §4.06.05, 3.05.07, Ordinance 90 -121.
Collier County Ordinance 54 -60, 115 -S6.
Packet Page -272-
7/26/2011 Item 8.6.
sources discuss the science -based need for additional fertilizer measures that protect economic
and environmental interests. in addition to human health.
We also provide scientific and technical information that supports the specific more stringent
measures, including (1) No greater than 4 lb. nitrogen per 1.000 square feet per year, (2) Use of
50% slow release nitrogen product, (3) No phosphorous application unless testing reveals soil
deficiency, (4) Fertilizer -free buffer zone of 10 feet with deflector shield. (5) Rainy season
prohibited application period from June- September (or, alternatively, as directed by the
Commissioners, two months during August and September).
Many of the attached documents recommend limiting nitrogen application to avoid
environmental harm as well as pest infestation, protecting water resources by using a buffer
zone, and not applying fertilizer within 24 hours of a rain event. Furthermore, we would
specifically like to draw your attention to the following resources (in order by date):
• IFAS, Trenholm, Kruse and Unruh, 2010. The Lawn Fertilizer Toolbox.
• Lehman. Bell, Doubek & McDonald, 2010. Reduced River Phosphorous for Three Years
Following Implementation of a Lawn Fertilizer Ordinance.
• IFAS and FDEP, 2009. Florida Yards and Neighborhoods Handbook. [Note that this
document was provided to the Commissioners by Dr. Nell of IFAS on June 14, 2011.]
• IFAS, Trenholm & Unruh, 2009. Figuring Out Fertilizer for the Home Lawn.
• IFAS and FDEP. December 2008. Florida Friendly Best Management Practices for
Protection of Water Resources by the Green Industries.
• IFAS, Mylavarapu, 2008. Impact of Phosphorous on Water Quality.
• IFAS, Sartain, 2007. General Recommendations for Fertilization of Turfgrasses on
Florida Soils.
• IFAS, Sartain, 2001. Soil and Tissue Testing and Interpretation for Florida Turfgrasses.
Many of these sources are IFAS and FDEP documents that provide science -based support for the
more stringent fertilizer regulations.
Stringent Fertilizer Ordinance Necessary to Address Pollution Loading to N'aterbodies
The County has several waterbodies that have been deemed impaired —not meeting state water
quality standards- by the Florida Department of Environmental Protection (FDEP) due to or as a
result of excess nutrients. At least two of those waterbodies. Lake Trafford and the Gordon River
Extension. have a set Total Maximum Daily Load (TMDL). In the case of the Gordon River, the
TMDL will require a 29% reduction in nutrient load from within the watershed, which is highly
urban l2. County staff has acknowledge that regardless if fertilizer nutrients runoff or leach into
the ground, "the addition of any nitrogen from fertilizers is problematic13" in meeting this
TMDL. This is one example of why more stringent measures are needed above the State Model.
13 Florida Department of Environmental Protection, 2008. TMDL Report Dissolved Oxygen TMDL for the Gordon
River Extension, WBID 3278K.
13 Hatcher, February 2, 2011. Memo from Collier County Mac Hatcher to FDACS, FDEP and IFAS Request for Input
on a Proposed Collier County Fertilizer Ordinance.
Packet Page -273-
7/26/2011 Item 8.B.
Scientific Information Reviewed Publicly and Within the County Record
Manatee County passed their more stringent ordinance about a month ago. As a component of
meeting this requirement of the state statute, they placed much of the scientific information they
reviewed on their County website. Likewise, Collier County has an existing public County
website devoted to this issue in which input from stakeholders and science -based documents can
be viewed by the public. The website is located here:
httT)://,.k,xk,%N'.colliergov.net/Index.asT)x?pa2e=23 02.
Additionally, the County has received and reviewed science -based information through its public
hearings on the issue at the Environmental Advisory Committee. the Collier County Planning
Commission, and the Collier County Board of County Commissioners. Testimonies and print
outs provided at those meetings are also a pan of the public record.
County Has Solicited and Reviewed h7formation from State Agencies
Collier County has received input from the Florida Department of Environmental Protection
(FDEP), Florida Department of Agriculture and Consumer Services (FDACS) and the University
of Florida Institute of Food and Agricultural Sciences (IFAS).
These agencies do not have approval authority on whether the local municipality has met their
interpretation of the state statute. The statute language only asks that the local body consider
their input and make their input available on the public record. The three agency letters are
currently available on the Count) website.
Input from the agencies. many times. is the same cut - and -paste from one municipality to the
next; it appears that local conditions and the need for additional water quality protections are
often times not adequately reviewed. For example. the County's existing impaired waters and
TMDLs were not mentioned in any of the letters. It is even absent in the letter from FDEP, the
agency that is responsible for ensuring compliance with water quality standards.
Regardless. the County does not need to rely on the opinion of the agencies for its decision -
making. The state statute is satisfied because the County received and reviewed their letters:
making them available to the public. The more stringent measures are science- based. and in fact,
represent current scientific and technical information from IFAS and FDEP.
Conclusion
Given the public meetings and public resources the County has invested in the adoption process
of the proposed fertilizer ordinance, as well as the scientific information presented by the
Conservancy of Southwest Florida.. and others. the County has met all components of the state
statute and may adopt the proposed more stringent fertilizer ordinance. We ask that the County
proceed with the adoption of the more protective measures, including those outlined above.
If you have any questions, please feel free to contact me at (239) 262 -0304 ext. 286. Thank you
for your consideration.
El
Packet Page -274-
Sincerely,
I' V
Amber Crooks
Natural Resources Specialist
Cc:
Collier County Board of County Commissioners
Mac Hatcher, Collier County
Leo Ochs, Collier County (sans attachment)
ATTACH:CD
Packet Page -275-
7/26/2011 Item 8.B.
5
7/26/2011 Item 8.8.
SWFRPC Resolution #07 -01
Southwest Florida Regional Planning Council
Fertilizer Resolution
A RESOLUTION SUPPORTING THE REGULATED USE OF FERTILIZERS
CONTAINING NITROGEN AND /OR PHOSPHORUS WITHIN SOUTHWEST
FLORIDA; PROVIDING SPECIFIC RECOMMENDATIONS AND GUIDELINES TO
BE CONSIDERED BY LOCAL GOVERNMENT JURISDICTIONS FOR THE
REGULATION AND CONTROL OF FERTILIZER APPLICATION; PROVIDING
RECOMMENDED DEFINITIONS; PROVIDING RECOMMENDATIONS RELATING
TO TIMING OF FERTILIZER APPLICATION, CONTENT AND APPLICATION
RATE, IMPERVIOUS SURFACES, 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 RECOMMENDATIONS FOR APPEALS,
ADMINISTRATIVE RELIEF AND PENALTIES; PROVIDING FOR AN EFFECTIVE
DATE.
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;
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;
WHEREAS, there is a need to develop a 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 actions including,
but not limited to, stormwater 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 forms 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 water
resources;
Packet Page -276-
7/26/2011 Item 8.13.
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;
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,
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
NOW, THEREFORE, BE IT RESOLVED by the Southwest Florida Regional Planning
Council that the following provisions are recommended to local government jurisdictions in
Southwest 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 management guidelines for
Fertilization in order to minimize the negative environmental effects said
Fertilizers have in and 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 general health 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.
B. The purpose of this Resolution is to provide specific recommendations and
guidelines to be considered by local government jurisdictions in Southwest
Florida for the regulation and control of Fertilizer application containing
nitrogen and /or phosphorus.
2
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7/26/2011 Item 8.B.
SECTION 2: RECOMMENDED DEFINITIONS
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, except where the context clearly indicates a different meaning:
Applicator means 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 fertilizers, the individual particles remain 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.
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.
Granulated Fertilizer means a solid, homogenous mixture of fertilizer materials. Each
uniform -size fertilizer particle contains all of the nutrients in the grade.
Institutional Applicator means any Person, other than a Non- Commercial or 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 and managers 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).
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 Florida, 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.
3
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7/26/2011 Item 8.6.
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 diurea (11313U);
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.
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, pII
control, weed control, pest control, seeding, pruning, mulch management, herbicide use,
and irrigation
Specialized Turf Manager means a Person responsible for fertilizing or directing the
fertilization of a golf course or publicly owned ball field.
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
A. Timing of Application
No Applicator shall apply Fertilizers 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
Plants within Southwest Florida that contains more than 2%
phosphorous or other compounds containing phosphorous,
such as phosphate, per guaranteed analysis label (as
guaranteed 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 man-made landscape
4
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7/26/2011 Item 8.13.
2) Fertilizer applied to Turf and/or Landscape Plants within
the Southwest Florida must contain no more than 20% total
nitrogen, with at least 70% as Slow Release 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 Plants within
Southwest Florida must be slow release, granulated
fertilizer. Blended fertilizer shall 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 Turf /landscape area in any calendar
year.
The above provisions are also applicable to and regulate the
application of pesticide/Fertilizer 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 any one calendar year to a single area. A Controlled
Release Landscape Management Plan is strongly recommended.
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 on an impervious surface must be immediately contained
and either legally applied to Turf or any other legal site, or
returned to the original or other appropriate container.
E. 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 Department of Environmental
Protection (Chapter 62 -340, F.A.C. defines Florida Wetland 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 ").
Packet Page -290-
7/26/2011 Item 8.13.
F. Mechanical Application
Spreader deflector shields are required when fertilizing 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.
SECTION 4: RECOMMENDED EXEMPTIONS
A. Section 3, Subsections (A) -(C) of this Resolution shall not apply
to:
1) Newly established Turf and/or Landscape Plants for the
first 60 days after installation or planting, provided
documentation for newly established Turf 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 exemption;
3) Areas where soil tests confirm, and such tests are
confirmed and approved by the local government Natural
Resources Director or designee, that phosphorous levels are
below 10 parts 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 other similar materials
that are primarily organic in nature and are applied to
improve the physical 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.
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 Department of Agriculture and
Consumer Services, division of agricultural and Environmental
6
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7/26/2011 Item B.B.
Services is in 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 Consumer Services, Division of
Agriculture and Environmental Sciences are exempt from the
recommendations of this resolution. The use of fertilizer and the
Best Management Practices (BMP) for commercial agriculture
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.
SECTIONS: RECOMMENDATION FOR LICENSING OF COMMERCIAL AND
INSTITUTIONAL APPLICATORS.
A. In the absence of any uniform licensing requirements by
the State government for Commercial and Institutional
Fertilizer Applicators, it is recommended that, in addition
to any current or future training or education requirements
mandated by the State or local governments, that each local
government jurisdiction establish a licensing procedure that
will provide for the regulation and monitoring of Fertilizer
use by Commercial and Institutional 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 contractors 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 Commercial/Institutional
Applicator License. Thereafter, as continuing conditions, and
requirements of such Commercial/Institutional Applicator License,
such Person, and all Persons working or providing services under
the authority granted to such Licensee:
7
Packet Page -282-
7/26/2011 Item 8.13.
1) Shall apply Fertilizer to Turf and/or Landscape Plants in
accordance with all provisions of this Resolution.
2) Shall be responsible for maintaining 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 also 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 permit 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 said Applicator to the
local government within thirty (30) days after invoicing.
4) A Licensee with a Commercial/Institutional Fertilizer
Applicator License shall be on -site at all times when
Fertilizers are being applied.
After the initial Commercial/Institutional Fertilizer Applicator License is
received, renewal of the Commercial/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 constitute grounds to suspend a license, 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 WAS Cooperative
Extension staff to offer "Fertilizer Application" courses to all current and
future Applicators wishing to obtain the Commercial/Institutional
Fertilizer Applicator License.
B. 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).
8
Packet Page -283-
7/26/2011 Item 8.6.
The objectives of the FY &N program are to:
• reduce stormwater runoff
• decrease non -point source pollution
• 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,
Fertilize 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.
SECTION 7: RECOMMENDATIONS RELATING TO THE RETAIL SALE OF
FERTILIZER
Retail businesses within the jurisdiction 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 greater than the 20% total nitrogen with a 70%
minimum Slow Release nitrogen requirement.
SECTION & RECOMMENDATIONS FOR APPEALS, ADMINISTRATIVE RELIEF
AND PENALTIES.
Each local government jurisdiction should establish provisions for appeals
of administrative decisions and/or denials, provisions for administrative
relief in the event of unique circumstances not addressed by local
government Fertilizer regulations, and penalty and enforcement provisions
necessary to accomplish the goals and objectives of the local jurisdiction's
Fertilizer regulations.
NOTE: Please note that these provisions do not address farming operations or
tree /plant nurseries. (Although the definition of "Fertilize" refers to
lawn, Specialized Turf or Landscape Plant).
I
Packet Page -284-
7/26/2011 Item 8.13.
PASSED AND DULY ADOPTED BY THE SOUTHWEST FLORIDA REGIONAL
PLANNING COUNCIL this 15th day of March, 2007.
ATTEST:
SOUTHWE
".'—) � ��
David Burr, Executive Director
10
Packet Page -285-
..
I;P
I i
N
0
N
N
Southwest Florida Region
S W FR�,,,. ,�N ...
Council
;y4,r ' 1926 Victoria Ave, Fort Myers, Florida 33901.3414 (239) 336 -2550 FAX (239) 336 -2560 www.swfrpc.org
P"Toke IV
MEMORANDUM
TO: Ms. Terry Joseph, West Florida RPC
Mr. Charles Blume, Apalachee RPC
Mr. Scott Koons, North Central Florida RPC
Mr. Brian Teeple, Northeast Florida RPC
Mr. Michael Moehlman, 'Vithlacoochee RPC
Mr. Philip Laurien, East Central RPC
Ms. Patricia Steed, Central Florida RPC
Mr. Manny Pumariega, Tampa Bay RPC
Mr. Michael Busha, Treasure Coast RPC
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 Puietti. City of LaBelle
Mayor Mali Chamness, CM of Clewiston
DATE: November 18, 2010
FROM: Councilman Mick Denham. Chair - Southwest Florida Regional
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 of fertilizer
MEMO
TO: FL RPCs and SWF Local Governments
DATE: November 18, 2010
PAGE: 2
RE: Benefits of Local Government Fertilizer Ordinances
application. To date in Southwest Florida, three counties and eight municipalities have adopted
strict fertilizer ordinances. Three other municipalities are considering and reviewing draft
pp fertilizer ordinances in our region. Statewide approximately 50 local government Jurisdictions
C6 (cities and counties) have adopted a local government fertilizer ordinance at least as protective as
Nthe state model ordinance developed by the FDEP.
The Florida Department of Environmental Protection has developed a Model Fertilizer
0 Ordinance and the associated documents for use by local governments. The SWFRPC supports
N continued efforts by the state to have all local governments adopt fertilizer ordinances to protect
Nwater quality and our regional economy.
ti
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 SayinPS
• 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 fertilizers reduces water use for lawn irrigation 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 take advantage of the damaged lawn,
• Less - fertilized plants are hardier to water stress, such as drought.
• Non - fertilized and less fertilized areas do not have chemical soil imbalances that can
damage broad - leaved shrubs and trees.
✓ IT12rayer72ent o(Properth, Ealuee
• Using proper landscaping techniques with less fertilizer can effectively increase the value
of a property while benefiting the environment. Attractive, water - effi cient, low
_- maintenance landscapes can increase property values between 7 to 14 percent, according
to USEPA (1993).
0
N
N
ti
MEMO
TO: FL RPCs and SVT Local Governments
DATE: November 18. 2010
PAGE: 3
RE: Benefits of Local Govemment Fertilizer Ordinances
✓ Reduced EnerZv Use and Cost
• Reduced use of man -made fertilizers decreases energy use for irrigation, mowing,
fertilizer manufacturing, and less fossil fuels used in transport to site, powered equipment
use on -site, and disposal of yard waste.
✓ Improved Water Oualin-
• 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 fertilizer 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 Cis. Our Pets. and Lildlife
• Reduced safe fertilizer use has reduced the probability of toxic reactions to fertilizer 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
7/26/2011 Item 8.13.
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, 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
WHEREAS, fertilizer is a major source of these excess nutrients that reach
natural waterbodies through stormwater runoff; and
WHEREAS, a significant portion of fertilizer -based pollution can be
ameliorated by using the correct fertilizer and the correct
application methods; and
WHEREAS, nitrogen from slow release fertilizers has been shown to be less
likely to run off the land and pollute natural waterbodies; and
WHEREAS, supplementing fertilizer containing phosphorous is unnecessary
for most sites located within Collier County and its incorporated
municipalities; and
WHEREAS, prohibiting the application of fertilizer during the rainy season
lessens excess nutrient runoff; and
WHEREAS, on March 5, 2008, City Council adopted an ordinance that
regulates the indiscriminate use of fertilizer; and
WHEREAS, a portion of the pollutant -laden runoff reaching waterbodies in
the City of Naples originates in Collier County and its
incorporated municipalities, and their associated riverine and
estuarine ecosystems; and
WHEREAS, Collier County is considering the adoption of a fertilizer
ordinance that would address the application of fertilizer within
the bounds of the County; and
WHEREAS, 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
WHEREAS, divergence between local governments in the stringency of their
fertilizer ordinances can lead and has led to confusion for
landowners and fertilizer applicators; and
WHEREAS, 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 -289-
Book 135• Page
7/26/2011 Item 8.13.
Page 2
Resolution 11 -12883
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
VIZ of the Code of ordinances, for the purposes of regional
consistency, as well as to orotect our regional water quality, a
copy of which chapter is attached hereto and made a par'_ 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, THIS 20TH DAY OF APRIL, 2011.
Bill Barnett, Mayor
Attest Approved as to form and legality:
Tara A. Norma ,.City Clerk Robert D. PrittApity Attorney
M: \REF \COVMCIL \RES \2011 \11 -12883
Date filed with City Clerk: ( — d ,� —/I
Packet Page -290-
7/26/2011 Item 8.B.
Resolution 11 -12883
ARTICLE VII. - LAWN AND LANDSCAPE MAINTENANCE AND CONTENT OF FERTILIZER
Sec. 52 -181. - Purpose and intent.
(a)
Purpose and intent.
(1)
(b)
(2)
Page 3
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 application 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 landscape 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, of:
a.
The effects of pesticides, fertilizers and overwatering on the environment;
b.
C.
Ways to reduce the amount of fertilizers and pesticides utilized; and
Methods to limit water use on lawns and landscapes thus potentially lowering
the impacts of nonpoint source pollution on local waterbodies.
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.
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 -291-
Book 135• Page
Resolution 11 -12883
7/26/2011 Item 8.13.
Page G
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. 06- 11972, § 1, 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.
Impervious 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 -292-
7/26/2011 Item 83.
Resolution 11 -12883 Page 5
(4)
(5)
(6)
(7)
(8)
Diammonium Phosphate.
Monoammonium Phosphate.
Potassium Nitrate.
Sodium Nitrate.
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)
(2)
(3)
(4)
(5)
Isobutylidene diruea ([BUD).
Resin, Polymer, or Sulphur coated urea.
Biosolids or residuals from domestic wastewater treatment.
Ureaformaldehyde.
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 F.A.C.].
(Ord. No. 08- 11972, § 1, 3- 52008)
Sec. 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, § 1, 3- 52008)
Sec. 52 -184. - Timing of fertilizer application; content and application rate; impervious
surfaces; buffer zones; and mode of application.
(a)
(b)
Timing of application. No applicator shall apply fertilizers containing nitrogen or phosphorous
to turf or landscape plants during the rainy season.
Fertilizer content and application rate.
Packet Page -293-
Book 135• Page
7/26/2011 Item 8.13.
Resolution 11 -12883 Page 6
(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.
(c)
Total yearlyapplications. Fertilizers shall not be applied more than four times during any one
calendar year to a single area.
(d)
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.
(e)
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, § 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)
(4)
Vegetable gardens,
Yard waste compost, mulches, or other similar materials that are primarily organic in
Packet Page -294-
Resolution 11 -12883
7126/2011 Item 8.B.
Page 7
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)
(d)
(e)
(f)
(g)
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)
(4)
Rates and methods of applying fertilizer and irrigation that minimize negative
environmental consequences.
Utilization of integrated pest management to both minimize pests and decrease
chemical applications.
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.
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.
After obtaining city certification as stated above, all certificate holders shall annually enroll in
and successfully complete a refresher course.
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 -295-
Book 135• Paee
Resolution 11 -12883
(h)
7/26/2011 Item 8.13.
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.
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, § 1, 3 -5 -2008)
Packet Page -296-
clod "
,SL.
June 9, 2011
Mr. Leo E. Ochs, Jr.
Collier County Manager
3299 Tamiami Trail East
Suite 202
Naples, Florida 34112 -5746
Dear Mr. Ochs:
7/26/2011 Item 8.B.
At the Marco Island City Council Meeting of June 6, 2011, a Resolution was
adopted urging the Collier County Board of County Commissioners to adopt
fertilizer ordinance regulations that are more stringent than the model ordinance
required by state law.
Please find enclosed a copy of the above referenced Resolution.
Thank you.
Sincerely,
James C. Riviere, Ph.D.
City Manager
JR:ss
50 B.1d E.a- :e lt'Dni e, �,garcc lskanJ, F'Wr;& 7A14,
4259➢ .389 -5000 FALN (239) U9 -4559
Packet Page -297-
7/26/2011 Item 8.13.
RESOLUTION NO. I 1 -08
A RESOLUTION URGING THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS TO ADOPT FERTILIZER ORDINANCE
REGULATIONS THAT ARE MORE STRINGENT THAN THE
MODEL ORDINANCE REQUIRED BY STATE LAW; DIRECTING
THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION
TO THE BOARD OF COUNTY COMMISSIONERS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Marco Island has recognized the detrimental effects of
the introduction of excessive amounts of nitrogen and phosphorus into the surface
waters of the County, and the local waters, bays and estuaries in and around the City
of Marco Island: and
WHEREAS Section 403.9337, Florida Statutes, enacted in 2009, in recognition
of the fact that fertilizer application is a major source of these pollutants, requires
certain local governments, including Collier County and the City of Marco Island, to
adopt an Ordinance at least as protective as the Model Ordinance for Florida - Friendly
Fertilizer Use; and
WHEREAS, Nitrogen from slow release fertilizers has been shown to be less
likely to run off the land and pollute natural waterbodies; and
WHEREAS, Fertilizer supplemented with phosphorus is unnecessary for most
sites located in Collier County; and
WHEREAS, A portion of the pollutants reaching waterbodies in the City of Marco
Island originates in unincorporated Collier County, and its associated riverine and
estuarine ecosystems; and
WHEREAS, Collier County is considering the adoption of a fertilizer ordinance
that would address the adoption of fertilizer within the bounds of the County;
1
Packet Page -298-
7/26/2011 Item 8.13.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MARCO ISLAND CITY
COUNCIL, that:
Section 1: The City of Marco Island, Florida supports the efforts of Collier
County in addressing the fertilizer issue, and in particular requests that
provisions that are more stringent than the Model Ordinance be considered and
adopted so that the unincorporated and the incorporated areas of the County
benefit from protections to the delicate ecosystems within and without the
County.
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: This resolution shall take effect immediately upon adoption.
This Resolution adopted the 6n" day of June, 2011 after motion, second and
majority vote favoring same.
ATTEST:
Z M. Litzan, 4�e k
Approved as to Form:
urt L. Saunders, City Attorney
MAR CO ISLAND CITY COUNCIL
MARCO ISLAND, FLORIDA
Gerard M. Gibson, Chairman
2
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►If NP41 i1InI Mr, 1113y
20D a Wednesday, July 13, 2011 a Naples Daily News
PETITIONS ORDINANCE.PETITIONS
Notice is hereby given that on Tuesday, July 26, 2011, in the Boardroom, 3rd Floor,
Administration Building Collier County Government Center, 3299 Tamiami Trail
East, Naples, Florida, the Board of County Commissioners will consider the enact.
ment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of
the proposed Ordinance is as follows: r
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER. COUNTY, FLORIDA. ADOPTING AN ORDINANCE FOR
FLORIDA- FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES;
AND BY PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must re star with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an in-
dividual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak an an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets mart submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board snail be submitted to the appropriate County staff a minimum of seven days
prior . to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a ver-
batim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If You are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding; you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tamiami Trail East, Surte 101, Naples, Florida 34112, (239)
252 -8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY; FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
July 13 2011 No taDRS71
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