§ 31.26. Fertilizer Application Standards.

All fertilizer application within the City of Orlando shall meet the standards and requirements of this section.

(a)

Definitions. For purposes of this section, the following terms are defined as follows:

Administrator means the Chief Administrative Officer, or his or her designee.

Application or apply means the actual physical deposit of fertilizer to turf or landscape plants.

Applicator means any person who applies fertilizer on turf or landscape plants.

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 the City of Orlando whose duty it is to enforce codes and ordinances enacted by the City of Orlando.

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.

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 commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional applicators include, but are not 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 or common ownership.

Low maintenance zone means an area a minimum of ten feet wide adjacent to water courses or bodies which is planted and managed in order to minimize the need for fertilization, watering, and mowing.

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 Orlando, issued by the National Weather Service, or if heavy rain (rainfall greater than or equal to two inches within a 24-hour period) is likely.

Orlando 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 section 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 administrator.

Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this section, 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.

Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or landscape plants. For the purposes of this section, agriculture has the same meaning as defined in F.S. § 570.02.

(b)

Applicability. This section applies to all applicators of fertilizer and areas of application of fertilizer within the City, unless such applicator is specifically exempted. This section applies prospectively only, and is not intended to impair any existing contracts.

(c)

Timing of Fertilizer Application. Applicators may not apply fertilizers containing nitrogen or phosphorus to turf or landscape plants during a prohibited application period or to saturated soils.

(d)

Fertilizer Free Zones. Fertilizer may not be applied within ten feet of any pond, stream, watercourse, lake, canal, or wetland as defined by Rule 62-340, Florida Administrative Code, or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge is used, in which case a minimum of three feet shall be maintained between the application and the water's edge. Newly planted turf and/or landscape plants may be fertilized in this Zone only for a 60-day period beginning 30 days after planting if needed to allow the plants to become established. Caution shall be used to prevent direct deposition of nutrients into the water.

(e)

Low Maintenance Zones. A low maintenance zone is required whenever new development or substantial improvements to a property are made, and recommended for existing sites wherein no new development or substantial improvements are made. Mowed or other cut vegetative material may not be deposited or left remaining in this zone or deposited in the water. Care must be taken to prevent the over-spray of aquatic weed products in this zone.

(f)

Fertilizer Content and Application Rates.

1.

Fertilizers applied to turf must be applied in accordance with the requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code, entitled Labeling Requirements for Urban Turf Fertilizers.

2.

Fertilizer containing nitrogen or phosphorus may not be applied before seeding or sodding a site, and may 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.

3.

Nitrogen or phosphorus fertilizer may not be applied to turf or landscape plants except as provided in paragraph (f)1 above, or as provided in UF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test.

(g)

Application Practices.

1.

Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from impervious surfaces, fertilizer-free zones, and water bodies, including wetlands.

2.

Fertilizer must not be applied, spilled, or otherwise deposited on any impervious surface.

3.

Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface must be immediately removed to the greatest extent practicable.

4.

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.

5.

In no case may fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies.

(h)

Management of Grass Clippings and Vegetative Matter. In no case may grass clippings, vegetative material, 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 must be immediately removed to the maximum extent practicable.

(i)

Exemptions. This section does not apply to:

1.

Bona fide farm operations as defined in the Florida Right to Farm Act.

2.

Other properties not covered by the Florida Right to Farm Act that have pastures used for grazing livestock.

3.

Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on stormwater, water quality, agronomics, or horticulture.

(i)

Training.

1.

All commercial and institutional applicators of fertilizer doing business within the City must 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.

2.

Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers.

(k)

Licensing of Commercial Applicators.

1.

Before January 1, 2014, all commercial applicators of fertilizer doing business within the City must 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 extension "Florida-Friendly Landscapes" program, or an approved equivalent program. The City permitting official shall not issue a local business tax receipt that would be valid on or after January 1, 2014, to any person or firm classified under a business category that may apply fertilizer to turf grass or landscape plants unless the person or firm can demonstrate that their applicable employees have complied with this part.

2.

After December 31, 2013, all commercial applicators of fertilizer doing business within the City must 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 Rule 5E-14.117(18), Florida Administrative Code.

(Ord. No. 2013-30, § 1, 6-17-2013, Doc. #1306171204)