The request of staff for City Council is to review and consider for approval the first reading of the attached ordinance amending the Florida Friendly Landscaping Practices and Irrigation Systems.

The City's current National Pollutant Discharge Elimination System Permit (NPDES) requires the City to review, and amend its existing Florida Friendly Landscaping Practices and Irrigation Systems Ordinance every Permit cycle of five years.  When performing the review and implementing the updates into the existing ordinance, staff typically will incorporate the Florida Department of Environmental Protection (FDEP) model ordinance.  The model ordinance is created by (FDEP) staff and includes all of the mandated requirements the City's (NPDES) permit calls out for the City's compliance.  Amendments included are as follows:

·       Section 1. Page 1, Remove all language subsequent to an effective date.

·     Section 4. Page 2, Remove Sections 125.568 (Counties) and (Cities), Add Section.

·       Section 3. Page 3, Insert the use of fertilizers, pesticides and language.

·    Section 6. Page 4, Insert This Ordinance regulates the proper use of fertilizers by any applicator and establishes training and licensing requirements for Commercial and Institutional Fertilizer Applicators.  It also establishes a prohibited application period when fertilizer cannot be applied and 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 the City of New Port Richey’s natural and constructed stormwater and drainage 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 the City of New Port Richey residents and the health of the public.  Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater and drainage conveyances.  Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality.

·      Section 7. Page 4, Insert This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer with the area of the City of New Port Richey, unless such applicator is specifically exempted by the terms of the Ordinance from the regulatory provisions of this Ordinance.  This Ordinance shall be prospective only, and shall not impair any existing contracts.

·     Section 7. Page 5, Remove Provided that fertilizers are applied in accordance with the appropriate Best Management Practices Manual adopted by the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy for the crop in question.

·     Section 7. Page 5, Remove Provided that fertilizers are applied in accordance with the appropriate Best Management Practices Manual adopted by the Florida Department of Agriculture and consumer Services, Office of Agricultural Water Policy for the crop in question.

·       Section 8. Page 5, Insert  “Administrator”.  Means the City of New Port Richey City Manager or his/her designee of the City of New Port Richey government designated by the City Manager or his/her designee to administrator and enforce the provisions of this Article. 

·       Section 8. Page, 6, Insert “Application” or “Apply”, means the actual physical deposit of Fertilizer to Turf or Landscape Plants. 

·       Section 8. Page 6, Insert “Applicator”. means any Person who applies Fertilizer on Turf and/or Landscape Plants in the City of New Port Richey. 

·       Section 8. Page 6, Insert “Commercial Fertilizer Applicator”. means any Person who applies Fertilizer on Turf and/or Landscape Plants in the City of New Port Richey in exchange for money, goods, services or other valuable consideration. 

·     Section 8. Page 6, Insert “Fertilize,” “Fertilizing” or “Fertilization” means the act of applying Fertilizer to Turf, specialized Turf, or Landscape Plant.

·       Section 8. Page 6, Insert “Fertilizer” means any substance or mixture of substances, except pesticide/fertilizer mixtures such as “weed and feed” products, 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.

·       Section 8. Page 7, Insert “Institutional Applicator” means any Person, other than a non-commercial or commercial Applicator (unless such definitions also apply under the circumstances), that applies Fertilizer for the purpose of maintaining Turf and/or Landscape Plans.  Institutional Applicators shall include, but shall not be limited to, owners, managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

·       Section 8. Page 8, Remove six (6) feet, insert ten (10) feet

·    Section 8. Page 9, Insert “Approved Best Management Practices Training Program”.  Means a training program approved by the City of New Port Richey City Manager or his/her designee that includes at a minimum, the most current version of the Florida Department of Environmental Protection’s Florida-Friendly Best Management Practices for Protection of Water Resources by Florida Green Industries, December 2008” as revised and any more stringent requirements set forth in this Article.

·       Section 8. Page 10, Insert 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 the City of New Port Richey, issued by the National Weather Service, or if heavy rain is likely.

·     Section 8. Page 10, Insert “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.

·       Section 9. Page 11, Remove (To be inserted by the local government), Insert 75%

·       Section 9.A. Page 11, Remove (To be inserted by the local government), Insert 40%

·       Section 9.A. Page 11, 12, 13, Remove all {Optional items language.

·       Section 9.C.1. Page 13, Insert 1 acre language, remove (to be determined by local govt.)

·       Section 9.C.2. Page 13, Insert 1%, remove X%(to be determined by local govt.)

·       Section 9.D.3. Page 15, Insert 75% of language, remove shall be increased to not more than X% ( To be determined by local government.), Insert may be up to 100% of language.

·       Section 9.E.2. Page 15, Remove 6', Insert 10'.

·       Section 9.J.2. Page 19, Remove 6', Insert 10'.

·       Section 9.J.4. Page 19, Remove X feet (To be inserted by local government), Insert 25 feet.

·       Section 11. Page 20, Remove Incentives A and B.

·       Section 13. Page 22, Remove Fees section.

·       Section 14.C. Page 22, Remove Section 125.69 language, Insert Chapter 162

·       Section 19. Page 23, Remove Section 19 Repeals language

·     Section 20. Page 23, Update Effective Dates to reflect Council approval date