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Backup Documents 07/09/2019 Item #17B REPEALING ORDINANCE 27-9-2019 178 COLLIER COUNTY FLORID 01 1 –2 4 REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEAit1iw, To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement ❑ Other: (Display Adv.,location, etc.) ********************************************************************************************************** Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: June 11,2019 Petition No. (If none, give brief description): Ordinance–Fertilizer Ordinance Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 15+days before hearing.)July 9,2019(ad to run no later than WEDNESDAY,June 19,2019) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text: (Include legal description&common location& Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING AND REPLACING ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY FERTILIZER AND URBAN LANDSCAPING ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost? ❑Yes XXX No If Yes,what account should be charged for advertising costs: PO #4500196148 Reviewed by: Division Administrator or Designee Date List Attachments: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY : /� Date Received- t Date of Public hearing: 1-1 1 Date Advertised: 4Q-4-1-`1 17B .' I //.� COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: r.r;;..,..,.r_-, XXX Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: June 11,2019 Petition No.(If none,give brief description): Ordinance—Fertilizer Ordinance Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date:(Based on advertisement appearing 15+days before hearing.)July 9,2019(ad to run no later than WEDNESDAY,June 19,2019) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text:(Include legal description&common location&Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,REPEALING AND REPLACING ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY FERTILIZER AND URBAN LANDSCAPING ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs: 1 PO#4500196148 Reviewed l i : ANri Division A77112-Z or Designee Date List Attachme s: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 17 w. 1 ORDINANCE NO.2019- 2 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA, REPEALING AND REPLACING 5 ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY 6 FERTILIZER AND URBAN LANDSCAPING ORDINANCE; 7 PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR 8 INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, on July 26, 2011, the Board of County Commissioners adopted Ordinance 12 No. 2011-24, which was fashioned after the Florida Model Ordinance for Florida-Friendly 13 Fertilizer Use on Urban Landscapes, as set forth in Florida Statutes Sec. 403.9337; and 14 15 WHEREAS, since such time,the Model Ordinance has been updated and modified; and 16 17 WHEREAS, the quality of Collier County's stormwater conveyances, rivers, creeks, 18 canals, lakes, estuaries and other waterbodies have worsened since the adoption of Ordinance 19 No. 2011-24, including the County recently experiencing the worst red tide bloom in its history, 20 which devasted local fish and wildlife, rendered fishing and beach-going untenable for lengthy 21 periods of time, and greatly impacted the County's tourist industry; and 22 23 WHEREAS, the Board of County Commissioners has heard testimony, reviewed 24 documents, and has considered relevant scientific information, including input from all relevant 25 State Agencies, including the Department of Environmental Protection, the Department of 26 Agriculture and Consumer Services, and the University of Florida Institute of Food and 27 Agricultural Sciences, on the need for additional or more stringent provisions to address fertilizer 28 use as a contributor to water quality degradation; and 29 30 WHEREAS, based on this testimony and documents, the Board has concluded that 31 additional or more stringent standards than the model ordinance are necessary in order to 32 adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water 33 body. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 37 38 SECTION ONE: Title and Citation 39 40 This Ordinance shall be known and cited as "The Collier County Fertilizer and Urban 41 Landscaping Ordinance," and is intended to repeal and replace Ordinance No. 2011-24. The 42 provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of 43 Collier County. 44 45 46 1 17 B `. 47 SECTION TWO: Findings 48 49 The Board hereby ratifies and reaffirms the above whereas clauses and incorporates them 50 as if fully set forth herein as the Board's legislative findings. 51 52 SECTION THREE: Purpose and Intent 53 54 This Ordinance regulates the proper use of fertilizers by any applicator; requires proper 55 training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing 56 requirements; establishes a Prohibited Application Period; specifies allowable fertilizer 57 application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. 58 The Ordinance requires the use of Best Management Practices which provide specific 59 management guidelines to minimize negative secondary and cumulative environmental effects 60 associated with the misuse of fertilizers. These secondary and cumulative effects have been 61 observed in and on Collier County's natural and constructed stormwater conveyances, rivers, 62 creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies 63 are an asset critical to the environmental, recreational, cultural and economic well-being of 64 Collier County residents and the health of the public. Overgrowth of algae and vegetation hinder 65 the effectiveness of flood attenuation provided by natural and constructed stormwater 66 conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in 67 fertilizer, will help improve and maintain water and habitat quality. 68 69 SECTION FOUR: Definitions 70 71 The following terms shall have the meanings set forth in this section unless the context 72 clearly indicates otherwise. 73 74 "Administrator" means the Collier County Administrator, or an administrative official of Collier 75 County designated by the County Administrator to administer and enforce the provisions of this 76 Article. 77 78 "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape 79 plants. 80 81 "Applicator" means any Person who applies fertilizer on turf and/or landscape plants in Collier 82 County. 83 84 "Approved Best Management Practices Training Program" means a training program approved 85 per F.S. § 403.9338, or any more stringent requirements set forth in this Article that includes the 86 most current version of the Florida Department of Environmental Protection's "Florida-Friendly 87 Best Management Practices for Protection of Water Resources by the Green Industries,2008," as 88 revised, and approved by the Collier County Administrator. 89 90 "Board or Governing Board" means the Board of County Commissioners of Collier County, 91 Florida. 92 2 17 B 93 "Best Management Practices" means turf and landscape practices or combination of practices 94 based on research, field-testing, and expert review, determined to be the most effective and 95 practicable on-location means, including economic and technological considerations, for 96 improving water quality, conserving water supplies and protecting natural resources. 97 98 "Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of 99 Collier County whose duty it is to enforce codes and ordinances enacted by Collier County. 100 101 "Commercial Fertilizer Applicator", except as provided in F.S. § 482.1562(9), means any person 102 who applies fertilizer for payment or other consideration to property not owned by the person or 103 firm applying the fertilizer or the employer of the applicator. 104 105 "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf, 106 specialized turf, or landscape plants. 107 108 "Fertilizer" means any substance or mixture of substances that contains one or more recognized 109 plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other 110 soil enrichment, or provides other corrective measures to the soil. Reclaimed water is not 111 considered a fertilizer. 112 113 "Green Industries Best Management Practices (GI-BMPs)" shall be defined as a science-based 114 educational program for Green Industry workers (lawn-care and landscape maintenance 115 professionals). The GI-BMPs teach environmentally safe landscaping practices that help 116 conserve and protect Florida's ground and surface waters. 117 118 "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing 119 capability claimed to be present in a fertilizer. 120 121 "Impervious" shall be defined as a constructed surface, such as a sidewalk, road, parking lot, or 122 driveway, covered by impenetrable materials such as asphalt, concrete, brick, pavers, stone, or 123 highly compacted soils. 124 125 "Institutional Applicator" means any person, other than a private, non-commercial or a 126 Commercial Applicator(unless such definitions also apply under the circumstances),that applies 127 fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators 128 shall include, but shall not be limited to, owners, managers or employees of public lands, 129 schools, parks, religious institutions, utilities, industrial or business sites and any residential 130 properties maintained in condominium and/or common ownership. 131 132 "Landscape Plant"means any native or exotic tree, shrub, or groundcover(excluding turf). 133 134 "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water 135 courses which is planted and managed in order to minimize the need for fertilization, watering, 136 mowing, etc. 137 3 17B 138 "Person"means any natural person, business, corporation, limited liability company, partnership, 139 limited partnership, association, club, organization, and/or any group of people acting as an 140 organized entity. 141 142 "Prohibited Application Period" means the time period during which a Flood Watch or Warning, 143 or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any 144 portion of Collier County, issued by the National Weather Service, or if there is a 60%chance of 145 2 inches or greater of rain in a 24-hour period. 146 147 "Reclaimed Water" shall be defined per Chapter 62-610 F.A.C. as it may be amended from time 148 to time, as water that has received at least secondary treatment and basic disinfection and is 149 reused after flowing out of a domestic wastewater treatment facility. 150 151 "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require 152 flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is 153 present or the pressure of a person standing on the soil causes the release of free water. 154 155 "Slow Release," "Controlled Release," "Timed Release," "Slowly Available," or "Water 156 Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and 157 use after application, or which extends its availability to the plant longer than a reference rapid or 158 quick release product. 159 160 "Specialized Turf Managers" shall be defined as landscape managers of non-agricultural land 161 planted exclusively for golf course,parks, or athletic fields. 162 163 "Turf," "Sod," or "Lawn" means a piece of grass-covered soil held together by the roots of the 164 grass. 165 166 "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, 167 highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural 168 plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02. 169 170 "Waterbody or Waterbodies" shall be defined as any visible, standing or open body of water. 171 This shall include, but not be limited to: ditches, swales, canals, creeks, rivers, streams, tidal 172 waters, lakes, ponds, ponded water, standing water, marshes, swamps or any other body of 173 permanent or temporary standing or visible water whether or not the waterbody is natural or 174 man-made or contained by impervious surfaces on the bottom or sides and all wetlands. 175 176 "Wetlands" shall be defined per Chapter 62-340 F.A.C. as it may be amended from time to time, 177 as those areas that are inundated or saturated by surface water or groundwater at a frequency and 178 a duration sufficient to support, and under normal circumstances do support, a prevalence of 179 vegetation typically adapted for life in saturated soils. 180 181 182 183 4 184 SECTION FIVE: Applicability 185 186 This Ordinance shall be applicable to and shall regulate any and all applicators of 187 fertilizer and areas of application of fertilizer within the unincorporated area of Collier County, 188 unless such applicator is specifically exempted by the terms of this Ordinance from the 189 regulatory provisions of this Ordinance. This Ordinance shall be prospective only and shall not 190 impair any existing contracts. 191 192 SECTION SIX: Timing of Fertilizer Application 193 194 No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or 195 landscape plants during the Prohibited Application Period,or to saturated soils. 196 197 SECTION SEVEN: Prohibitions 198 199 A. Application of phosphorus fertilizer to turf is prohibited unless a soil test conducted 200 within the last 12 months indicates a phosphorus deficiency. Soil test method and limits 201 shall be those recommended by OF/IFAS; 202 203 B. No applicator shall apply fertilizers containing nitrogen or phosphorus to turf and/or 204 landscape plants during the Prohibited Application Period or to saturated soils; 205 206 C. Fertilizer shall not be applied in a manner that will allowed enter into any waterbody; 207 208 D. Fertilizer shall not be applied to impervious surfaces. If accidently applied, the fertilizer 209 must be immediately removed from the impervious surface; 210 211 E. Fertilizer shall not be applied within ten (10) feet of any waterbody except that newly 212 planted turf and/or landscape plants may be fertilized only for a sixty (60) day period 213 beginning 30 days after planting, if needed to allow the plants to become well 214 established; 215 216 F. Fertilizer shall not be applied to native vegetated buffers required by Collier County Land 217 Development Code 3.05.07.F.3.f.; and 218 219 G. With the exception of grass clippings from mowing grassed swales, grass clippings or 220 vegetative material and vegetative debris shall not be washed, swept, or blown onto 221 impervious surfaces, into waterbodies, wetlands, or any part of the stormwater 222 management system. Any material that is accidentally so deposited shall be immediately 223 removed. 224 225 SECTION EIGHT: Exemptions 226 227 The provisions set forth above in this Ordinance shall not apply to: 228 229 A. Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14; 5 17B 230 231 B. Other properties not subject to or covered under the Florida Right to Farm Act that have 232 pastures used for grazing livestock; 233 234 C. Any lands used for bona fide scientific research, including, but not limited to, research on 235 the effects of fertilizer use on urban stormwater, water quality, agronomics, or 236 horticulture; 237 238 D. All golf courses provided that management is done within the provisions of the Florida 239 Department of Environmental Protection document, "Best Management Practices for the 240 Enhancement of Environmental Quality on Florida Golf Courses, 2007" (Florida Golf 241 Course BMPs), as updated. Florida Golf Course BMPs shall be followed when 242 performing management practices on golf course practice and play areas. If Florida Golf 243 Course BMPs are not adhered to, Collier County may take enforcement action in 244 accordance with Section 14 of this Ordinance. Non-play areas are not exempt; and 245 246 E. All Specialized Turf Managers provided that fertilization is based on the provisions of 247 Rule 5E-1.003 F.A.C. and UF/IFAS Publication#SL 191: Recommendations for N, P, K, 248 and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich III Extractant, 249 while maintaining the health and function of their Specialized Turf areas, as updated or 250 amended. 251 252 SECTION NINE: Fertilizer Content and Application Rates 253 254 A. Fertilizers applied to turf within Collier County shall be applied in accordance with 255 requirements and directions provided by Rule 5E-1.003, Florida Administrative Code; 256 257 B. Fertilizer containing nitrogen shall not be applied before seeding or sodding a site, and 258 shall not be applied for the first 30 days after seeding or sodding, except when hydro- 259 seeding for temporary or permanent erosion control in an emergency situation (wildfire, 260 etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site; 261 262 C. A Guaranteed Analysis may be required of alternative fertilizers such as manure or 263 compost at the applicators/property owner's expense; 264 265 D. Areas that have reclaimed water must account for the amount of nitrogen and phosphorus 266 in the reclaimed water when applying fertilizer. All purveyors of reclaimed water that is 267 distributed within unincorporated Collier County must make this information available on 268 a quarterly basis; 269 270 E. Nitrogen content in any fertilizer must be at a minimum of 50% slow release; and 271 272 F. Rule 5E-1.003, F.A.C. contains provisions for golf courses, parks and athletic fields. As 273 such,no additional specific requirements are included for these types of urban turf 274 275 6 17B 276 SECTION TEN: Application Practices 277 278 A. Fertilizer shall not be applied within 10 feet of any waterbody; 279 280 B. Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. 281 Deflectors must be positioned such that fertilizer granules are deflected away from all 282 impervious surfaces, fertilizer-free zones and waterbodies, including wetlands; 283 284 C. Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. 285 Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any 286 impervious surface shall be immediately and completely removed and either legally 287 applied to turf or any other legal site, or returned to the original or other appropriate 288 container; and 289 290 D. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into 291 stormwater drains, ditches, conveyances, or waterbodies. 292 293 SECTION ELEVEN: Training 294 295 A. All commercial and institutional applicators of fertilizer within the unincorporated area of 296 Collier County shall abide by and successfully complete the six-hour training program in 297 the "Florida Friendly Best Management Practices for Protection of Water Resources by 298 the Green Industries" offered by the Florida Department of Environmental Protection 299 through the University of Florida Extension "Florida-Friendly LandscapingTM" program, 300 or an approved equivalent; and 301 302 B. Private, non-commercial applicators are exempt from formal training and certificate 303 requirements but are encouraged to follow the recommendations of the University of 304 Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. 305 306 SECTION TWELVE: Licensing of Commercial Applicators 307 308 A. All commercial applicators of fertilizer within the unincorporated area of Collier County 309 shall have and carry in their possession at all times, when applying fertilizer, evidence of 310 certification by the Florida Department of Agriculture and Consumer Services as a 311 Commercial Fertilizer Applicator per 5E-14.117(11)F.A.C. as amended; and 312 313 B. All businesses applying fertilizer to turf and/or landscape plants (including but not 314 limited to residential lawns, golf courses, commercial properties, and multi-family and 315 condominium properties) must ensure that at least one employee has a Florida-Friendly 316 Best Management Practices for Protection of Water Resources by the Green Industries 317 training certificate prior to the business owner obtaining a Local Business Tax License. 318 Owners for any category of occupation which may apply any fertilizer to Turf and/or 319 Landscape Plants shall provide proof of completion of the program to the County Tax 320 Collector's Office prior to obtaining their first business tax license. 321 7 1 7 B `%' 322 SECTION THIRTEEN: Low Maintenance Zones 323 324 A voluntary ten-foot, low maintenance zone adjacent to waterbodies is strongly 325 recommended. Failure to comply with state regulations and best management practices when 326 applying pesticides in the low maintenance zone is considered a violation of this ordinance. 327 328 SECTION FOURTEEN: Penalty for Violations 329 330 Violation of any provision of this Ordinance shall be punishable by a fine not exceeding 331 $500. All violations of this Ordinance may be processed according to the Collier County 332 Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions 333 of Chapter 162,pts. I or II, Florida Statutes, as may be applicable. 334 335 SECTION FIFTEEN: Conflict and Severability 336 337 In the event this Ordinance conflicts with any other ordinance of Collier County or other 338 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 339 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 340 separate, distinct and independent provision and such holding shall not affect the validity of the 341 remaining portion. 342 343 SECTION SIXTEEN: Inclusion in the Code of Laws and Ordinances 344 345 The provisions of this Ordinance shall become and be made a part of the Code of Laws 346 and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered 347 or relettered to accomplish such, and the word "ordinance" may be changed to "section," 348 "article," or any other appropriate word. 349 350 SECTION SEVENTEEN: Effective Date 351 352 This Ordinance shall become effective upon receipt of notice from the Secretary of State 353 that this Ordinance has been filed with the Secretary of State. 354 355 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 356 County, Florida,this day of , 2019. 357 358 ATTEST: BOARD OF COUNTY COMMISSIONERS 359 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA 360 361 By: By: 362 , Deputy Clerk William L. McDaniel, Jr., Chairman 363 364 Approv:t . � . • P, ••• .•• egality: 365 .'Ill Ifin 366 I� ly r ' 367 Jeffrey Al 1. ,:'kow, County Attorney 8 17B Teresa L. Cannon From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Thursday, June 27, 2019 4:40 PM To: Minutes and Records Cc: KinaszczukDanette Subject: See attached revised version of an Ordinance advertised for the 7/9/19 BCC Meeting - Thank you!!! Attachments: Ordinance - Fertilizer and Urban Landscaping - JAK signed.pdf Follow Up Flag: Follow up Flag Status: Completed Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239)252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 17B ORDINANCE NO. 2019 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING AND REPLACING ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY FERTILIZER AND URBAN LANDSCAPING ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 26, 2011, the Board of County Commissioners adopted Ordinance No. 2011-24, which was fashioned after the Florida Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes, as set forth in Florida Statutes Sec. 403.9337; and WHEREAS, since such time,the Model Ordinance has been updated and modified; and WHEREAS, the quality of Collier County's stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other waterbodies have worsened since the adoption of Ordinance No. 2011-24, including the County recently experiencing the worst red tide bloom in its history, which devasted local fish and wildlife, rendered fishing and beach-going untenable for lengthy periods of time, and greatly impacted the County's tourist industry; and WHEREAS, the Board of County Commissioners has heard testimony, reviewed documents, and has considered relevant scientific information, including input from all relevant State Agencies, including the Department of Environmental Protection, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, on the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality degradation; and WHEREAS, based on this testimony and documents, the Board has concluded that additional or more stringent standards than the model ordinance are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water body. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Title and Citation This Ordinance shall be known and cited as "The Collier County Fertilizer and Urban Landscaping Ordinance," and is intended to repeal and replace Ordinance No. 2011-24. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. 1 178 SECTION TWO: Findings The Board hereby ratifies and reaffirms the above whereas clauses and incorporates them as if fully set forth herein as the Board's legislative findings. SECTION THREE: Purpose and Intent This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Collier County's natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of Collier County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer,will help improve and maintain water and habitat quality. SECTION FOUR: Definitions The following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the Collier County Administrator, or an administrative official of Collier County designated by the County Administrator 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. "Approved Best Management Practices Training Program" means a training program approved per F.S. § 403.9338, or any more stringent requirements set forth in this Article that includes the most current version of the Florida Department of Environmental Protection's "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as revised, and approved by the Collier County Administrator. "Board or Governing Board" means the Board of County Commissioners of Collier County, Florida. 2 1713 "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 F.S. § 482.1562(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or landscape plants. "Fertilizer" means any substance or mixture of substances that contains one 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. Reclaimed water is not considered a fertilizer. "Green Industries Best Management Practices (GI-BMPs)" shall be defined as a science-based educational program for Green Industry workers (lawn-care and landscape maintenance professionals). The GI-BMPs teach environmentally safe landscaping practices that help conserve and protect Florida's ground and surface waters. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. "Impervious" shall be defined as 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 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. 3 178 "Person" means any natural person, business, corporation, limited liability company,partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. "Prohibited Application Period" means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of Collier County, issued by the National Weather Service, or if there is a 60%chance of 2 inches or greater of rain in a 24-hour period. "Reclaimed Water" shall be defined per Chapter 62-610 F.A.C. as it may be amended from time to time, as water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility. "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" shall be defined as landscape managers of non-agricultural land planted exclusively for golf course,parks, or athletic fields. "Turf," "Sod," or "Lawn" means a piece of grass-covered soil held together by the roots of the grass. "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02. "Waterbody or Waterbodies" shall be defined as any visible, standing or open body of water. This shall include, but not be limited to: ditches, swales, canals, creeks, rivers, streams, tidal waters, lakes, ponds, ponded water, standing water, marshes, swamps or any other body of permanent or temporary standing or visible water whether or not the waterbody is natural or man-made or contained by impervious surfaces on the bottom or sides and all wetlands. "Wetlands" shall be defined per Chapter 62-340 F.A.C. as it may be amended from time to time, as those areas that are inundated or saturated by surface water or groundwater 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. 4 17B SECTION FIVE: Applicability This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated 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 SIX: 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 SEVEN: Prohibitions A. Application of phosphorus fertilizer is prohibited unless a soil test conducted within the last 12 months indicates a phosphorus deficiency. Soil test method and limits shall be those recommended by OF/IFAS; B. No applicator shall apply fertilizers containing nitrogen or phosphorus to turf and/or landscape plants during the Prohibited Application Period or to saturated soils; C. Fertilizer shall not be applied in a manner that will allowed enter into any waterbody; D. Fertilizer shall not be applied to impervious surfaces. If accidently applied, the fertilizer must be immediately removed from the impervious surface; E. Fertilizer shall not be applied within ten (10) feet of any waterbody except that newly planted turf and/or landscape plants may be fertilized only for a sixty (60) day period beginning 30 days after planting, if needed to allow the plants to become well established; F. Fertilizer shall not be applied to native vegetated buffers required by Collier County Land Development Code 3.05.07.F.3.f.; and G. With the exception of grass clippings from mowing grassed swales, grass clippings or vegetative material and vegetative debris shall not be washed, swept, or blown onto impervious surfaces, into waterbodies, wetlands, or any part of the stormwater management system. Any material that is accidentally so deposited shall be immediately removed. SECTION EIGHT: 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, F.S. § 823.14; 5411D I. 78 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 management 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 management practices 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. Non-play areas are not exempt; and E. All Specialized Turf Managers provided that fertilization is based on the provisions of Rule 5E-1.003 F.A.C. and OF/IFAS Publication#SL 191: Recommendations for N, P, K, and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich III Extractant, while maintaining the health and function of their Specialized Turf areas, as updated or amended. SECTION NINE: Fertilizer Content and Application Rates A. Fertilizers applied to turf within Collier County shall be applied in accordance with requirements and directions provided by Rule 5E-1.003, Florida Administrative Code; B. Fertilizer containing nitrogen 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. A Guaranteed Analysis may be required of alternative fertilizers such as manure or compost at the applicators/property owner's expense; D. Areas that have reclaimed water must account for the amount of nitrogen and phosphorus in the reclaimed water when applying fertilizer. All purveyors of reclaimed water that is distributed within unincorporated Collier County must make this information available on a quarterly basis; E. Nitrogen content in any fertilizer must be at a minimum of 50%slow release; and F. Rule 5E-1.003, F.A.C. contains provisions for golf courses, parks and athletic fields. As such, no additional specific requirements are included for these types of urban turf. 6 17B SECTION TEN: Application Practices A. Fertilizer shall not be applied within 10 feet of any waterbody; B. 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 waterbodies, including wetlands; C. 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 and either legally applied to turf or any other legal site, or returned to the original or other appropriate container; and D. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or waterbodies. SECTION ELEVEN: Training A. All commercial and institutional applicators of fertilizer within the unincorporated 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 LandscapingTM" program, or an approved equivalent; and B. Private, non-commercial applicators are exempt from formal training and certificate requirements but are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. SECTION TWELVE: Licensing of Commercial Applicators A. All commercial applicators of fertilizer within the unincorporated 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(11)F.A.C. as amended; and B. 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 License. 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 prior to obtaining their first business tax license. 7 17B SECTION THIRTEEN: Low Maintenance Zones A voluntary ten-foot, low maintenance zone adjacent to waterbodies is strongly recommended. Failure to comply with state regulations and best management practices when applying pesticides in the low maintenance zone is considered a violation of this ordinance. SECTION FOURTEEN: Penalty for Violations Violation of any provision of this Ordinance shall be punishable by a fine not exceeding $500. All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of Chapter 162,pts. I or II, Florida Statutes, as may be applicable. SECTION FIFTEEN: Conflict and Severability In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIXTEEN: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVENTEEN: Effective Date This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk William L. McDaniel,Jr., Chairman Appro • ,r orm and legality: Jeffrey '4: ;tzkow, County Attorney 8 17B Acct. #027354 June 12, 2019 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Repealing Ordinance 2011-24 Dear Legals, Please advertise the above referenced notice Wednesday, June 19, 2019 and send the Affidavit of Publication, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500196148 17B NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on July 9, 2019, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, REPEALING AND REPLACING ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY FERTILIZER AND URBAN LANDSCAPING ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) 17B Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday,June 12, 2019 11:35 AM To: Naples Daily News Legals Subject: Fertilizer Ordinance Attachments: Fertilizer Repealing 2011-24.doc; Fertilitzer Repealing 2011-24.doc Good Morning, Please advertise the attached on Wednesday, June 19, 2019. Thank you. Ann Jennejohn Senior Deputy Clerk on err a;�r Office: 239-252-8406 Fax: 239-252-8408(if applicable) Ann.Jenneiohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County � 3299 Tamiami Trail, Suite#401 '(;ts"`` Naples, FL 34112-5324 www.CollierClerk.com 1 17B Napirs Battu Ncwi PART OF THE USA TODAY NETWORK BCC ZONING DEPARTMEN 3299 TAMIAMI TRL E 700 NAPLES FL 34112- Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303809 0003627303 $416.50 $0.00 $416.50 Invoice $0.00 $416.50 Sales Rep: kthor Order Taker: kthor Order Created 06/12/2019 Product #Ins Start Date End Date NDN-Naples Daily News 1 06/19/2019 06/19/2019 NDN-naplesnews.com 1 06/19/2019 06/19/2019 *ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION 170 Text of Ad: 06/12/2019 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on July 9,2019, in the Board of Coun- ty Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commis- sioners (BCC)will consider the enactment of a County Ordi- nance. The meeting will com- mence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA, REPEALING AND RE- PLACING ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY FERTILIZER AND URBAN LANDSCAPING ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND OR- DINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordi- nance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presenta- tion of the agenda item to be addressed. Individual speak- ers will be limited to 3 mi- nutes on any item. The selec- tion of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- terial a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be con- sidered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a perma- nent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verba- tim 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 dis- ability who needs any accom- modation in order to partici- pate in this proceeding, you are entitled, at no cost to you, to the provision of certain as- sistance. Please contact the Collier County.Facilities Man- 17B ayernent urvrsion, rocdteu at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. As- sisted listening devices for the hearing impaired are availa- ble in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K.KINZEL,CLERK CLERK OF THE CIRCUIT COURT &COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) June 19,2019 #3627303 17B Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, June 12, 2019 3:12 PM To: NeetVirginia; 'ColliMarian'; HayesJessica; MalcolmSheri Subject: Legal proof re:fertilizer& urban landscaping Ordinance (BCC Meeting 7-9-2019) Attachments: OrderConf.pdf Good Afternoon, Since Dimly isn't ivt until next week, I was asked to forward the attached legal proof (for approval) re: the fertilizer & urban landscaping ordinance that will be advertised ovt June 19, 2.019 and heard by the 13CC at their meeting on July q, zo19. I'll need approval a.s.a.p. Thank you! Ann Jennejohn Senior Deputy Clerk Office: 239-252-8406 r Fax: 239-252-8408(if applicable) Ann.Jennejohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, FL 34112-5324 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Wednesday,June 12, 2019 1:55 PM To:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Subject: RE: 3627303 - Fertilizer Ordinance External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hi Ann, Please find attached your order confirmation and proof of the ad. Your ad is set to run in: • Naples Daily News on Jun 19 $416.50 The total cost is$416.50, which includes an affidavit which will be mailed to you after the ad publishes. Please reply by Jun 18 at 12 noon with changes of the ad. You will receive an affidavit 7-10 business days after the last day of printing. 17B Ann P. Jennejohn From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Thursday,June 13, 2019 9:39 AM To: Ann P. Jennejohn Cc: KinaszczukDanette Subject: Fw: Legal proof re:fertilizer&urban landscaping Ordinance (BCC Meeting 7-9-2019) Ann: See below. Dinny From: KlatzkowJeff Sent: Wednesday,June 12, 2019 4:08:44 PM To: NeetVirginia Subject: Re: Legal proof re: fertilizer& urban landscaping Ordinance (BCC Meeting 7-9-2019) OK Sent from my iPhone On Jun 12, 2019, at 3:46 PM, NeetVirginia <Virginia.Neet@colliercountyfl.gov>wrote: See attached for your approval. Title matches current ordinance. Hopefully, Danette does not revise the title. Dinny From:Ann P.Jennejohn Sent: Wednesday,June 12, 2019 3:12 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; 'ColliMarian' <Marian.Colli@colliercountyfl.gov>; HayesJessica <Jessica.Hayes@colliercountyfl.gov>; MalcolmSheri<Sheri.Malcolm@colliercountyfl.gov> Subject: Legal proof re: fertilizer& urban landscaping Ordinance (BCC Meeting 6-25-2019) Good Afternoon, Sivtce Pinny isn't in until vtext week, I was asked to forward the attached legal proof (for approval) re: the fertilizer & urban landscaping ordinance that will be advertised on Juvte 1q, zolq and heard by the 13CC at their meeting on. July q, 2019. I'(( vteed approval a.s.a.p. Thank you! <image003.png> Ann Jennejohn Senior Deputy Clerk 17B Ann P. Jennejohn From: Danette Kinaszczuk <Danette.Kinaszczuk@colliercountyfl.gov> Sent: Thursday,June 13, 2019 9:42 AM To: NeetVirginia;Ann P.Jennejohn Subject: RE: Legal proof re: fertilizer & urban landscaping Ordinance (BCC Meeting 7-9-2019) No plans to revise the title. Will be making insubstantial changes plus the changes requested by BCC on Tuesday though so rest of ordinance is not ready yet. Thank you, Danette Kinaszczuk, Pollution Control Manager 2685 South Horseshoe Drive,Ste 103 Naples, FL 34104 (239) 252-5032-office (239) 253-5023-cell iti AColLier County.M POLLUTION CONTROL VC/ LIVE GREEN. SAVE BLUE. From: NeetVirginia Sent:Thursday,June 13, 2019 9:39 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Cc: Danette Kinaszczuk<Danette.Kinaszczuk@colliercountyfl.gov> Subject: Fw: Legal proof re:fertilizer& urban landscaping Ordinance (BCC Meeting 7-9-2019) Ann: See below. Dinny From: KlatzkowJeff Sent: Wednesday,June 12, 2019 4:08:44 PM To: NeetVirginia Subject: Re: Legal proof re: fertilizer& urban landscaping Ordinance (BCC Meeting 7-9-2019) OK Sent from my iPhone On Jun 12, 2019, at 3:46 PM, NeetVirginia <Virginia.Neet@colliercountyfl.gov>wrote: 1 17B Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, June 13, 2019 10:15 AM To: 'GRSC-West-Legals mbx' Subject: RE: 3627303 - Fertilizer Ordinance Good Moraivtg, County staff has approved this proof, please go ahead with publication ov. June 19, 2.019. Ann Jennejohn SeniorDeputy Clerk r Office: 239-252-8406 Fax: 23 9-252-8408(if applicable) Ann.Jenneiohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, FL 34112-5324 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Wednesday,June 12, 2019 1:55 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: RE: 3627303 - Fertilizer Ordinance External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hi Ann, Please find attached your order confirmation and proof of the ad. Your ad is set to run in: • Naples Daily News on Jun 19 $416.50 The total cost is$416.50, which includes an affidavit which will be mailed to you after the ad publishes. Please reply by Jun 18 at 12 noon with changes of the ad. You will receive an affidavit 7-10 business days after the last day of printing. Thanks, 1 178 i Public Notices NOTICE OF PUBUC HEARING Public NOtICeS NOTICE OF INTENT TO � 2 CONSIDER AN ORDINANCE CRYSTAL K.KINZEL,CLERK • CLERK OF THE CIRCUIT COURT Notice is hereby given that a &COMPTROLLER — m public hearing will be held by BY: Ann Jennejohn 4 N the Collier County Board of Deputy Clerk(SEAL) I Z County Commissioners on July lune 19,2019 #3627303 I m 9,2014,in the Board of Coun- ty Cbmmistioners Meeting !� Room, Third Floor, Collier Government Center, 3299 0 • Tamiami Trail East,Naples FL., the Board of County Commis- sioners(BCC)will consider the • enactment of a County Ordi- nance. The meeting will corn- m mence at 9:00 A.M. The title of the proposed Ordinance is Z as follows: w AN ORDINANCE OF THE < BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA,REPEALING AND RE- C PLACING ORDINANCE NO. Z 2011-24, BY ADOPTING THE m COLLIER COUNTY FERTILIZER ho AND URBAN LANDSCAPING ORDINANCE; PROVIDING FOR ro CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN to THE CODE OF LAWS AND OR- DINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 0 O A copy of the proposed Ordi- nance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presenta- tion of the agenda item to be addressed. `Individual speak- ers will be limited to 3 mi- nutes on any item. The selec- tion of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- terial a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be con- sidered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a perma- nent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verba- tim 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 dis- ability who needs any accom- modation in order to partici- pate in this proceeding, you are entitled,at no cost to you, to the provision of certain as- sistance. Please contact the Collier County Facilities Man- agement Division, located at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two clays prior to the meeting. As- sisted listening devices for the hearing impaired areavaila- ble in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN 178 4, PA+tTOT THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC ZONING DEPARTMEN T 3299 TAMIAMI TRL E 700 NAPLES,FL 34112 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Vicky Felty who on oath says that she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, In said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. June 19,2019 Subscribe. .nd sworn to before on June 19,2019: _.:_:-.5Q.xa,VY1.rm c9.LecA.. Notary,State of WI,County of Brown I TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$416.50 Ad No:0003627303 Customer No:1303809 PO#: 4500196148 178 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissionerson July 9,2019,in the Board of Coun- ty Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East,Naples FL. the Board of County Commis- sioners(BCC)will consider the enactment of a County Ordi- nance. The meeting will com- mence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERSOF COLLIEFCOUNTY, FLORIDA,REPEALINGAND RE- PLACING ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY FERTILIZE AND URBAN LANDSCAPING ORDINANCE;PROVIDING FOR CONFLICTAND SEVERABILITI PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND OR- DINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordi- nance is on file with the Clerk to the Board and Is available for inspection. All interested parties are invited to attend and be heard, NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to proserita tion of the agenda item to be addressed Individual speak- ers will be limited to 3 mi- nutes on any item. The selinc- tion of any individual to speak on behalf of an organization or group is encouraged If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- terial a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended 10 be coo sidered by the Board shall be submitted to the appropriate County staff a minimum of sever;days prior to the public hearing. All materials used in presentations before the Board will become a perma- nent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verba- tim 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 dis- ability who needs any accom- modation in order to partici- pate in this proceeding, you are entitled, at no cost to you, to the provision of certain as- sistance Please contact the Collier County Facilities Man- agement Division, located at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356. (239) 252-8380, at least two rtays nrinr to thr; moatinn Aa- 17 dlisten8 sisteing devices kir the_ hearing impaired aro availa- ble in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L. MCDANIEL, JR. CHAIRMAN CRYSTAL K.KINZEL,CLERK CLERKOF THE CIRCUITCOURT &COMPTROLLER By: Ann Jennojohn Deputy Clerk(SEAL) June 19,2019 #3627303 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 Et , THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Co my Attorney Office no later than Monday preceding the Board meeting. 77/q **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 7/9/19 4. BCC Office Board of County Commissioners V 4/ -1`Q11`� 5. Minutes and Records Clerk of Court's Office „A9 CCS 325' PRIMARY CONTACT INFORMATION e Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Danette Kinaszczuk,Capital Project Phone Number 252-5032 Contact/Department Planning,Impact Fees,and Program Manageme t Division Agenda Date Item was 7/9/19 Agenda Item Number 17-B Approved by the BCC Type of Document Ordinance-Fertilizer Number of Original One Attached 111 1% Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signa • STAMP OK JAK 2. Does the document need to be sent to another agency for a.•' •I 1 si mi. i es? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this JAK routing slip should be provided to the County Attorney Office at the time the item is input into MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/9/19 and all changes made during the JAK N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by the LG6L.,N is not BCC,all changes directed by the BCC have been made,and the document is ready fo the, r an tion for Chairman's signature. V .1Vei& this ine. [04-COA-01081/1344830/11I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 1 7 .E ORDINANCE NO. 2019 - 1 8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING AND REPLACING ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY FERTILIZER AND URBAN LANDSCAPING ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 26, 2011, the Board of County Commissioners adopted Ordinance No. 2011-24, which was fashioned after the Florida Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes, as set forth in Florida Statutes Sec. 403.9337; and WHEREAS, since such time, the Model Ordinance has been updated and modified; and WHEREAS, the quality of Collier County's stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other waterbodies have worsened since the adoption of Ordinance No. 2011-24, including the County recently experiencing the worst red tide bloom in its history, which devasted local fish and wildlife, rendered fishing and beach-going untenable for lengthy periods of time, and greatly impacted the County's tourist industry; and WHEREAS, the Board of County Commissioners has heard testimony, reviewed documents, and has considered relevant scientific information, including input from all relevant State Agencies, including the Department of Environmental Protection, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, on the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality degradation; and WHEREAS, based on this testimony and documents, the Board has concluded that additional or more stringent standards than the model ordinance are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water body. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation This Ordinance shall be known and cited as "The Collier County Fertilizer and Urban Landscaping Ordinance," and is intended to repeal and replace Ordinance No. 2011-24. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. 1 CAO 1 7 8 SECTION TWO: Findings The Board hereby ratifies and reaffirms the above whereas clauses and incorporates them as if fully set forth herein as the Board's legislative findings. SECTION THREE: Purpose and Intent This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Collier County's natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of Collier County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. SECTION FOUR: Definitions The following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the Collier County Administrator, or an administrative official of Collier County designated by the County Administrator 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. "Approved Best Management Practices Training Program" means a training program approved per F.S. § 403.9338, or any more stringent requirements set forth in this Article that includes the most current version of the Florida Department of Environmental Protection's "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as revised, and approved by the Collier County Administrator. "Board or Governing Board" means the Board of County Commissioners of Collier County, Florida. 2 1. 7 "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 F.S. § 482.1562(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or landscape plants. "Fertilizer" means any substance or mixture of substances that contains one 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. Reclaimed water is not considered a fertilizer. "Green Industries Best Management Practices (GI-BMPs)" shall be defined as a science-based educational program for Green Industry workers (lawn-care and landscape maintenance professionals). The GI-BMPs teach environmentally safe landscaping practices that help conserve and protect Florida's ground and surface waters. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. "Impervious" shall be defined as 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 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. 3 1 7 B "Person" means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. "Prohibited Application Period" means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of Collier County, issued by the National Weather Service, or if there is a 60% chance of 2 inches or greater of rain in a 24-hour period. "Reclaimed Water" shall be defined per Chapter 62-610 F.A.C. as it may be amended from time to time, as water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility. "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" shall be defined as landscape managers of non-agricultural land planted exclusively for golf course, parks, or athletic fields. "Turf," "Sod," or "Lawn" means a piece of grass-covered soil held together by the roots of the grass. "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02. "Waterbody or Waterbodies" shall be defined as any visible, standing or open body of water. This shall include, but not be limited to: ditches, swales, canals, creeks, rivers, streams, tidal waters, lakes, ponds, ponded water, standing water, marshes, swamps or any other body of permanent or temporary standing or visible water whether or not the waterbody is natural or man-made or contained by impervious surfaces on the bottom or sides and all wetlands. "Wetlands" shall be defined per Chapter 62-340 F.A.C. as it may be amended from time to time, as those areas that are inundated or saturated by surface water or groundwater 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. CAO 4 1 78 SECTION FIVE: Applicability This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated 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 SIX: 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 SEVEN: Prohibitions A. Application of phosphorus fertilizer is prohibited unless a soil test conducted within the last 12 months indicates a phosphorus deficiency. Soil test method and limits shall be those recommended by OF/IFAS; B. No applicator shall apply fertilizers containing nitrogen or phosphorus to turf and/or landscape plants during the Prohibited Application Period or to saturated soils; C. Fertilizer shall not be applied in a manner that will allowed enter into any waterbody; D. Fertilizer shall not be applied to impervious surfaces. If accidently applied, the fertilizer must be immediately removed from the impervious surface; E. Fertilizer shall not be applied within ten (10) feet of any waterbody except that newly planted turf and/or landscape plants may be fertilized only for a sixty (60) day period beginning 30 days after planting, if needed to allow the plants to become well established; F. Fertilizer shall not be applied to native vegetated buffers required by Collier County Land Development Code 3.05.07.F.3.f.; and G. With the exception of grass clippings from mowing grassed swales, grass clippings or vegetative material and vegetative debris shall not be washed, swept, or blown onto impervious surfaces, into waterbodies, wetlands, or any part of the stormwater management system. Any material that is accidentally so deposited shall be immediately removed. SECTION EIGHT: 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, F.S. § 823.14; 5 I. B 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 management 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 management practices 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. Non-play areas are not exempt; and E. All Specialized Turf Managers provided that fertilization is based on the provisions of Rule 5E-1.003 F.A.C. and OF/IFAS Publication #SL 191: Recommendations for N, P, K, and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich III Extractant, while maintaining the health and function of their Specialized Turf areas, as updated or amended. SECTION NINE: Fertilizer Content and Application Rates A. Fertilizers applied to turf within Collier County shall be applied in accordance with requirements and directions provided by Rule 5E-1.003, Florida Administrative Code; B. Fertilizer containing nitrogen 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. A Guaranteed Analysis may be required of alternative fertilizers such as manure or compost at the applicators/property owner's expense; D. Areas that have reclaimed water must account for the amount of nitrogen and phosphorus in the reclaimed water when applying fertilizer. All purveyors of reclaimed water that is distributed within unincorporated Collier County must make this information available on a quarterly basis; E. Nitrogen content in any fertilizer must be at a minimum of 50% slow release; and F. Rule 5E-1.003, F.A.C. contains provisions for golf courses, parks and athletic fields. As such, no additional specific requirements are included for these types of urban turf. 6411) 178 . SECTION TEN: Application Practices A. Fertilizer shall not be applied within 10 feet of any waterbody; B. 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 waterbodies, including wetlands; C. 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 and either legally applied to turf or any other legal site, or returned to the original or other appropriate container; and D. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or waterbodies. SECTION ELEVEN: Training A. All commercial and institutional applicators of fertilizer within the unincorporated 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 LandscapingTM" program, or an approved equivalent; and B. Private, non-commercial applicators are exempt from formal training and certificate requirements but are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. SECTION TWELVE: Licensing of Commercial Applicators A. All commercial applicators of fertilizer within the unincorporated 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(11) F.A.C. as amended; and B. 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 License. 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 prior to obtaining their first business tax license. 7 41:1 178 SECTION THIRTEEN: Low Maintenance Zones A voluntary ten-foot, low maintenance zone adjacent to waterbodies is strongly recommended. Failure to comply with state regulations and best management practices when applying pesticides in the low maintenance zone is considered a violation of this ordinance. SECTION FOURTEEN: Penalty for Violations Violation of any provision of this Ordinance shall be punishable by a fine not exceeding $500. All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of Chapter 162,pts. I or II, Florida Statutes, as may be applicable. SECTION FIFTEEN: Conflict and Severability In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIXTEEN: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVENTEEN: Effective Date This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED l y the Board of County Commissioners of Collier County, Florida, this '9*4-1 day of 7vV,-)\ , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL I . K'INZEE Clerk COLLIER CO ►; ORIDA ) , Ai Dep ,,. �o ha«ii iii S WilliL. McDaniel, Jr., Chai an ).. a,�tt re only. Appro •',i' i 1 orm arklbt illy: 4i f y! This ordinance f;i}°c' With tr., Setrclary of State's Office nci �� Jeffrey 1 41 ;tzkow, County Attorney CI-'_Ddoy of Jid !, — i-( - and acknowledge ent of that filing,reoeived� _.,. 'doy � 8 of-slat.rC) Y •► .-.. lark < cii, } 17B y l t x'; a14 " 1f ; FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State July 10, 2019 Ms. Martha Vergara, Senior Deputy Clerk Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2019-18 which was filed in this office on July 9, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us