TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Section 22-55 and 22-65 Relating to Extending the Time Period When Use of Fertilizer is Restricted and Eliminating the Vehicle Decal Requirement; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action
Continue Ordinance No. 2023-14 to second reading.
Recommended Action for Second Reading
Adopt Ordinance No. 2023-14 as presented.
Background Information
The current North Port City Code Chapter 22 Article II Fertilizer and Landscape Management, referred to as the Fertilizer Ordinance, was adopted in 2007 and restricted fertilizer use on turf from June 1 through September 30 each year. An extensive green algal bloom occurred in the Cosmic Waterway in May 2022. Florida Department of Environmental Protection (FDEP) analyzed a water sample taken on May 24, 2022, in the Cosmic Waterway near Oklahoma Street. It confirmed the presence of mixed algae, high levels of chlorophyll-a, and high levels of nitrogen, which may be indicative of fertilizer contribution.
In recent years, rain events are starting as early as April, and many residents are fertilizing in the months prior to the restricted season, which begins on June 1. The earlier rains in April and May can entrain fertilizer in the runoff, which may cause algae blooms in the City's waterways.
On July 26, 2022, the City Commission approved a motion to amend the Fertilizer Ordinance to extend the fertilizer restriction period to April 1 through September 30, if scientific data supports this restriction period.
Florida Statutes Section 403.9337, authorizes local governments to adopt additional or more stringent
standards than those contained in the State’s Model Ordinance if both the following criteria are met:
403.9337 (2)(a) The local government has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrient pollution which is science-based, and economically and technically feasible, 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.
Staff’s review of the literature, historical water quality, and rain data support the need for a more stringent standard by extending the start of the restriction period to April 1.
403.9337 (2)(b) The local government documents that it has considered all relevant scientific information, including input from the department, the institute, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, if provided, on the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality degradation. All documentation must become part of the public record before adoption of the additional or more stringent criteria.
Staff has contacted FDEP who referred staff to contact Alachua County for their review of relevant scientific information from FDEP, Department of Agriculture and Consumer Services and University of Florida Institute of Food and Agricultural Sciences. FDEP has provided input on the City’s proposed changes.
The proposed changes in the Fertilizer Ordinance are as follows:
• Extend the restricted season prohibiting fertilizing of turf grass to April 1 through September 30.
• Delete the proof of training decal requirement in Section 15.02. Decals are problematic as they often fade in the sun and a decal on a vehicle does not necessarily mean the driver or passengers of the vehicle has received the Best Management Training on fertilizing. Instead, the revised ordinance will require the Fertilizer Applicator to produce a copy of the Fertilizer Applicator's Best Management Practices training certificate to enforcement staff if observed performing fertilizing activity.
• The dates for two documents referenced in under “Exemptions” are replaced with as amended, as these documents are updated by FDEP.
Ordinance No. 2023-14 has been reviewed by the City Attorney as to form and correctness.
Information for Second Reading
No changes were required at first reading on April 25, 2023.
Strategic Plan
Environmental Resiliency and Sustainability
Financial Impact
Not Applicable
Procurement
Not Applicable
Attachments:
1. Ordinance - Second Reading
2. Ordinance - First Reading
3. July 26, 2022 Minutes
4. Rainfall Data and Total Nitrogen 2016-2022
5. FDEP Sample Results Cosmic Waterway Algal bloom
6. Request for FDEP Input on Proposed Changes
7. FDEP Input on Proposed Changes
Prepared by: Elizabeth Wong, P.E., Stormwater Manager
Department Director: Chuck Speake, Public Works Director