Chapter 31 - STORMWATER UTILITY CODE

Sec. 30.25. - Right of Revision. Chapter 31A - COMMERCIAL PHYSICAL CONTACT ESTABLISHMENTS AND ESCORT SERVICES Chapter 31 - STORMWATER UTILITY CODE[1]

Footnotes: --- (1) ---

Editor's note— Former ch. 31, "Floodplain Regulations," was repealed in its entirety by ordinance (Doc. #19546) adopted by the city council on June 24, 1985.

Sec. 31.01. - Scope.

The purposes of the Stormwater Utility Code contained in this Chapter are:

(1)

To provide for effective management and financing of a stormwater system within the City,

(2)

To provide a mechanism for mitigating the damaging effects of uncontrolled and unplanned stormwater runoff,

(3)

To improve the public health, safety and welfare by providing for the safe and efficient capture and conveyance of stormwater runoff and the correction of stormwater problems,

(4)

To authorize the establishment and implementation of a master plan for storm drainage including design, coordination, construction, management, operation, maintenance, inspection and enforcement,

(5)

To establish reasonable stormwater service charges based on each property's contribution of stormwater runoff to the system and use and benefit of services and facilities, and

(6)

To encourage and facilitate urban water resources management techniques, including but not limited to the retention/detention of stormwater runoff, minimization of the need to construct storm sewers, and the enhancement of the environment.

In order to accomplish these purposes, a stormwater service charge shall be made on each parcel in the City.

The City's stormwater service charges shall be fair and reasonable, and bear a substantial relationship to the cost of providing service and facilities, in that similar properties shall pay similar stormwater service charges. Rate studies shall be conducted periodically to ensure the equity of the service charges. A Stormwater Utility Review Committee shall be recommended to the City Council, through the Public Works Department's policies and procedures, and the Review Committee shall also be subject to the approval of the City Council. The Review Committee's functions shall include, but not be limited to, the development of an appeal process to review stormwater charges for which persons consider to be unjust or inequitable. Subject to review and approval by the City Attorney or his designee, the Public Works Director is authorized to adopt and promulgate policy and procedures defining the Stormwater Utility Review Committee and appeal process.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087)

Sec. 31.02. - Definitions.

For the purpose of this Chapter, the words and phrases shall be defined as follows, unless the context clearly indicates or requires a different meaning:

(1)

Abatement. Any action taken to remedy, correct, or eliminate a condition within, associated with, or impacting a drainage system.

(2)

Approved Plans. Plans approved under Section 63.271 of the Orlando City Code.

(3)

Architect or Architect, Registered. A person holding a certificate under the appropriate Florida Statutes and Florida Administrative Code.

(4)

Chief Administrative Officer. A person whose duties include general supervision and direction of the operation and administration of all departments, offices and bureaus of the City, with the exception of the Office of the Mayor and the Offices of City Commissioners.

(5)

City. The City of Orlando, Florida.

(6)

Council. The City Council of the City of Orlando.

(7)

County. Orange County, Florida.

(8)

Director. The Director of Public Works, or his designee.

(9)

Developer. A person, firm, partnership, corporation, or other business entity that excavates, fills, or builds structures, or otherwise improves or develops a specific parcel or tract of land.

(10)

Drainage Code. The Stormwater Utility Code of the City of Orlando, as contained in Chapter 31 of the City Code.

(11)

Engineer, Professional. A person holding a certificate under the appropriate Florida Statutes and Florida Administrative Code.

(12)

Existing. Present or in effect as of the time of the adoption of this Chapter.

(13)

Equivalent Residential Unit (ERU). A unit of measure which provides a basis for comparing the runoff generated by one parcel with that generated by another. An ERU is defined as the weighted average of impervious area for all single family and multifamily residential units in the City. The weighted average impervious area is determined to be 2000 square feet, and the weighted average shall be used for the purpose of all such computations. To compute the ERU's for any parcel, divide the parcel's impervious area by 2000. The ERU shall be used as the basis for computing monthly charges on residential and non-residential properties.

(14)

Facilities. Various drainage works, including but not limited to inlets, conduits, manholes, energy dissipation structures, channels, outlets, retention/detention basins, and other structural components of this nature.

(15)

Impervious Area. Surface areas on or in a parcel of real property, which prevents or severely restricts infiltration of stormwater into the earth.

(16)

Natural Outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

(17)

Notice. A written or printed communication conveying information or warning.

(18)

Order. The whole (or any part) of the final disposition (whether affirmative, negative, injunctive, or declaratory in form), or any matter issued by the City's Utility Bureau Chief or Director of Public Works, or person designated by them pursuant to any provision of this Chapter.

(19)

Orlando Urban Stormwater Management Manual (OUSWMM). That document referenced in and made a part of Chapter 63 of the City Code which, in part, outlines the engineering design criteria and permitting procedures for stormwater management within the City.

(20)

Person. Any person, firm, individual, firm, partnership, corporation, organization or association of any kind.

(21)

Pollution. The contamination or other alteration of the physical, chemical, or biological properties of any natural waters of the City, including change in temperature, taste, color, turbidity, or odor of the waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

(22)

Premises. The lot, buildings, and appurtenances situated thereon.

(23)

Private. That property or facilities owned by individuals, corporations, and other organizations and not by a city, county, state, or federal government agency.

(24)

Public. That property or facilities owned by a city, county, state or federal government or agency thereof.

(25)

Storm, Stormwater. As used in this Chapter, these terms are interchangeable and include rainwater as it falls to the earth, surface runoff and drainage, and paths taken by such water.

(26)

Stormwater System. All facilities, man-made structures, and natural watercourses used for collecting and conducting stormwater to, through, and from drainage areas to and including points of final outlet. A stormwater system may include any and all of the following: inlets, conduits and appurtenant features, canals, creeks, lakes, channels, catch basins, ditches, streams, drainage wells, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levees, and pumping stations.

(27)

Storm Sewer, Storm Drain. A sewer or drain that carries stormwaters, surface runoff, and drainage, but which excludes sanitary sewage and industrial wastes.

(28)

Total Square Footage of Surface Area of Lot or Parcel of Real Property. The square footage of a parcel measured or estimated by using the outside boundary dimensions (in feet) to obtain the total enclosed square footage, without regard to topographic features of the enclosed surface. The boundary dimensions in feet of the enclosed surface area may be established by any of the following methods:

(a)

On-site or photogrammetric measurements of the apparent outside boundary dimensions of the parcel of real property made by the City or on its behalf, or

(b)

Computation of the area using dimensions of the parcel of real property, or existing area measurements which are set forth and contained in the Orange County public records, or either of these things.

(29)

Utility Bureau. The Stormwater Utility Bureau of the City of Orlando.

(30)

Utility Bureau Chief. The Director of Public Works, or the individual appointed to be the City Stormwater Utility Bureau Chief.

(31)

Vacant Land. A piece or parcel of land that is without any building, structure, appurtenance, or improvement. It does not mean recreation, green, or open space created around private or municipal facilities, or parcels connected thereto or contiguous with such facilities for such reason.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087; Ord. of 8-31-1992, Doc. #25968; Ord. of 9-11-1995, Doc. #28771)

Sec. 31.03. - Organization of Utility Bureau.

There is hereby created a Utility Bureau in the Department of Public Works of the City of Orlando which, in coordination with the City Engineer and the City Finance Director, shall have the responsibility for planning, developing, and implementing stormwater management plans; financing, constructing, maintaining, rehabilitating, inspecting, and managing existing and new stormwater facilities; collecting fees and charges for the utility division; implementing and enforcing the provisions of this Code; and other related duties as directed by the Public Works Director. The Utility Bureau shall be administered by the Utility Bureau Chief.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087)

Sec. 31.04. - Stormwater Systems.

The Utility Bureau shall monitor the design, operation, maintenance, inspection, construction, and use of all stormwater systems in the City. The Director shall be responsible for the design and construction of public stormwater facilities owned by the City and shall inspect, operate, and maintain them as prescribed herein. The Director shall be responsible for plan approval and construction inspection of both private stormwater facilities and public stormwater facilities not owned by the City. Additionally, the Utility Bureau may accept the responsibility for the operation and maintenance of private stormwater facilities only when such services have been agreed to, contracted for, and approved by the City Council, and have been subject to the final review of the City's Office of Legal Affairs.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087; Ord. of 8-31-1992, Doc. #25968)

Sec. 31.05. - Private Facilities.

The property owner shall be responsible for stormwater drainage facilities located on private property where runoff will principally be collected within that property. The owner shall clean and maintain the facility or channel, as required, to ensure efficient and proper operation of the facility, and shall obtain the City Engineer or the Utility Bureau Chief's prior written approval for any proposed changes or alterations to any private stormwater drainage facilities that, in the City's sole discretion, may substantially or adversely affect stormwater drainage in the property owner's area.

The Utility Bureau Chief shall provide for inspection of private facilities to ascertain that the stormwater facilities are functioning as designed and approved. The Utility Bureau Chief shall provide for remedial maintenance of facilities based upon the severity of stormwater problems and potential hazard to the public health, safety, and welfare.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087)

Sec. 31.06. - Land and Facilities Affected Outside the City.

Where stormwater and other waters drain from lands outside the City, facilities within the City shall be designed in accordance with this Chapter, as if the entire area being drained was within the City.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087)

Sec. 31.07. - Rules and Regulations.

In order to accomplish the purposes of this Chapter, the Utility Bureau Chief may make and enforce rules and regulations that are approved by the City Council, and are necessary and reasonable to protect the drainage facilities, improvements, and properties controlled by the Bureau, and to prescribe the manner of their use by any public or private person, firm, or corporation.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087)

Sec. 31.08. - Capital Improvement Plan.

The Utility Bureau Chief shall operate within the City's capital improvement plan for the stormwater system. The capital improvement plan shall be a comprehensive document prepared periodically, and delineating the stormwater capital needs of the City.

(Ord. of 6-26-1989, Doc. #23087)

Sec. 31.09. - Permits and Plan Review.

It shall be unlawful for any person or organization to construct, enlarge, alter, repair, relocate, or demolish a storm sewer, natural watercourse, or other drainage facility, without first filing an application and obtaining a proper permit from the City as provided for in the OUSWMM.

(Ord. of 6-26-1989, Doc. #23087)

Sec. 31.10. - Right of Entry for Survey, Examination, and Inspection.

After presenting proper credentials, and at any reasonable times, the employees of the Utility Bureau or its agents (including contractors and consultants and their employees) may enter upon lands within the City to make surveys and examinations to accomplish the necessary preliminary findings to establish a City master stormwater plan, and for detailed analyses to prepare final plans and specifications for the proposed site improvements. In addition, any and all such employees or agents may enter upon any lands to inspect private facilities to ascertain their compliance with this Chapter.

(Ord. of 6-26-1989, Doc. #23087)

Sec. 31.11. - Funding.

Funding for the Utility Bureau activities may include, but not be limited to, the following:

(1)

stormwater service charges.

(2)

permit and inspection fees.

(3)

direct charges (the cost of designing and constructing stormwater facilities, administrative costs and related expenses where the Utility Bureau designs, constructs, or contracts for the construction of such facilities).

(4)

Other income obtained from federal, state, local, and private grants, or revolving funds.

(Ord. of 6-26-1989, Doc. #23087)

Sec. 31.12. - Stormwater Fund.

All revenues generated by or on behalf of the Utility Bureau, including stormwater service charges, permit and inspection fees, and direct charges and interest earnings on those revenues, shall be deposited in a stormwater fund and used exclusively for Utility Bureau purposes.

(Ord. of 6-26-1989, Doc. #23087)

Sec. 31.13. - Stormwater Service Charge.

A stormwater service charge is hereby imposed on each parcel of land within the City; provided, however, that no additional or special charges shall be imposed on lakes or public streets, boulevards, highways, expressways, alleys (private alleys excepted), viaducts, sidewalks, curbing, street crossings, grade separations, and any highway structures.

Properties that have existing stormwater management facilities, or those planning such facilities, may have their stormwater service charges reduced or prorated as determined by the Utility Bureau Chief, in accordance with the OUSWMM.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087)

Sec. 31.14. - Annual Residential and Non-Residential Charge Per Square Foot of Impervious Area.

An annual charge per square foot of impervious area for residential parcels is hereby established at the rates and on the effective dates shown in Table #1, below. The Stormwater Utility Division Manager is directed to prepare a list of all residential parcels within the City, and assign an impervious area designation to each, and for which each shall be charged a reasonable and equitable fee, according to the assigned impervious area designation and applicable rate, based on effective date, and site mitigation factors, if any; provided, however, that the City shall have the option to set a fixed minimum and maximum fee that is reasonable and equitable based on Table 1, below:

EXPAND Table #1 Fiscal Year Rate Per Sq. Ft. Impervious Area Fiscal Year 2025 (Effective Oct. 1, 2024) $0.08092 Fiscal Year 2026 (Effective Oct. 1, 2025) $0.10115 Fiscal Year 2027 (Effective Oct. 1, 2026) $0.12138 Fiscal Year 2028 (Effective Oct. 1, 2027) $0.12745

An annual charge per square foot of impervious area for non-residential parcels is hereby established at the rates and on the effective dates shown in Table #2, below. The Stormwater Utility Division Manager is directed to prepare a list of all non-residential parcels within the City, and assign an impervious area designation to each, and for which each shall be charged a reasonable and equitable fee, according to the assigned impervious area designation and applicable rate, based on effective date, and site mitigation factors, if any; provided, however, that the City shall have the option to set a fixed minimum and maximum fee that is reasonable and equitable based on Table 2, below:

EXPAND Table #2 Fiscal Year Rate Per Sq. Ft. Impervious Area Fiscal Year 2025 (Effective Oct. 1, 2024) $0.08092 Fiscal Year 2026 (Effective Oct. 1, 2025) $0.10115 Fiscal Year 2027 (Effective Oct. 1, 2026) $0.12138 Fiscal Year 2028 (Effective Oct. 1, 2027) $0.12745

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087; Ord. of 9-11-1995, Doc. #28771; Ord. of 9-23-1996, Doc. #29665; Ord. of 9-27-2004, § 1, Doc. #040927907; Ord. No. 2024-16, § 1, 5-13-2024, Doc. #2405131201)

Sec. 31.15. - Collection of Stormwater Service Charge.

The frequency of billing is to be established by the Utility Bureau Chief based on an assessment of the most efficient, effective and equitable method of billing and collections available to the Utility. The stormwater service charge shall be billed at least annually by the Utility Bureau Chief but no more than twelve (12) times in one calendar year. The Utility Bureau Chief is to assure that the most efficient and effective billing and collection techniques are being used. The Utility may pursue billing and collections of Utility fees through the offices of the Orange County Tax Collector and Property Appraiser consistent with applicable statutes.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087)

Sec. 31.16. - Delinquent Charges.

All charges not paid within thirty (30) days after the bill is due, or that are not under active appeal, shall be considered delinquent.

All charges delinquent hereunder shall be subject to, 1) an interest charge at the Florida statutory rate, 2) a rebilling charge covering administrative costs in accordance with this Chapter, and 3) shall constitute a lien upon the real property affected, from the date charges are incurred. Charges which remain unpaid for a period of sixty (60) days may be reported to the City Council for assessment against the real property. In the alternative, the City Council may direct the City Attorney to file suit thereon, and to collect all such unpaid charges and fees, including reasonable attorney's fees and charges.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087)

Sec. 31.17. - Emergencies and Abatement.

In case of an emergency, the Utility Bureau Chief may direct that action be taken immediately to correct the condition or abate the activity to protect the public health, safety, and welfare. The Utility Bureau may perform the required work and charge the owner all such related (and provable) costs.

(Ord. of 3-24-1980, § 2; Ord. of 9-28-1981, § 1; Ord. of 6-26-1989, Doc. #23087)

Sec. 31.18. - Flooding; Liability.

Floods from stormwater runoff may occasionally occur which exceed the capacity of storm drainage facilities constructed, operated, or maintained by funds made available under this Chapter. This Chapter shall not be construed or interpreted to mean that property subject to the fees and charges established herein will always (or at any time) be free from stormwater flooding or flood damage, or that stormwater systems capable of handling all storm events can be cost-effectively constructed, operated, or maintained. Nor shall this Chapter create any liability on the part of, or cause of action against, the City, or any official or employee thereof, for any flood damage that may result from such storms or the runoff thereof. Nor does this Chapter purport to reduce the need or the necessity for obtaining flood insurance by individual property owners.

(Ord. of 6-26-1989, Doc. #23087)

Sec. 31.19. - Discharge of Polluting Matter in Natural Waters Prohibited.

(1)

It shall be unlawful for any person to drain, deposit, place or otherwise discharge into any natural outlet or storm water system within the City, or to cause or permit to be drained, deposited, placed or otherwise discharged into such waters, any organic or inorganic matter which causes or tends to cause pollution. Polluting matter includes, but is not limited to, the following:

(a)

Petroleum products, including but not limited to oil, gasoline, and grease.

(b)

Solid Waste (as defined in City Code Ch. 28).

(c)

Pet Waste.

(d)

Chemicals.

(e)

Paints.

(f)

Soaps.

(g)

Laundry Waste.

(h)

Steam Cleaning Waste.

(i)

Pesticides, Herbicides or Fertilizers.

(j)

Degreasers, Solvents.

(k)

Heated Water.

(l)

Sanitary Sewage.

(m)

Chemically Treated Cooling Water.

(n)

Antifreeze, and other Automotive Products.

(o)

Lawn Clippings, Leaves, Branches, etc.

(p)

Animal Carcasses.

(q)

Silt.

(r)

Acids or Alkalis.

(s)

Recreational Vehicle Waste.

(t)

Dyes (without prior written permission of the Utility Bureau).

(u)

Construction Materials.

(v)

Any groundwater which contains phosphorous or nitrogen concentrations greater than the surface water into which the groundwater is discharged.

(w)

Any water which exceeds the state surface water standards.

(x)

Toxic or Poisonous Solids or Liquids.

(y)

Solids in such quantities or of such size capable of causing interference or obstruction to the flow in the City's stormwater system.

(2)

It shall be unlawful to wash any public or private streets, buildings, sidewalks or parking areas, unless all visible debris and sediments have been removed prior to washing. If the removal of the debris and sediments is not feasible (as determined by the Utility Bureau Chief), then the street, building, etc. may only be washed with the Utility Bureau Chief's prior written approval, which may include requirements to clean the affected drainage pipelines or provide treatment of washwater runoff to prevent downstream pollution. Only water may be used for washing purposes.

(Ord. of 6-26-1989, Doc. #23087; Ord. of 8-31-1992, Doc. #25968)

Sec. 31.20. - Correction and Discontinuance of Prohibited Discharge.

(1)

The Utility Bureau Chief may order the correction of any unsafe, nonconforming or unauthorized condition which is in violation of any provision of this code or regulation adopted hereunder. The Utility Bureau Chief may also order the discontinuance of any activity causing such condition.

(2)

Whenever the Utility Bureau Chief orders the correction or discontinuance of any condition or activity on any premises pursuant to Section 31.20(1), the Utility Bureau Chief shall notify the owner or other person responsible for such condition or activity in writing which notice shall state the nature of the violation, direct the person to correct or discontinue the condition or activity, and provide a reasonable time limit for the satisfactory correction thereof. The offender shall, within the time period stated in such notice, permanently cease or correct all violations. Failure to comply with such order shall constitute a violation of the provisions of this ordinance.

(Ord. of 6-26-1989, Doc. #23087; Ord. of 8-31-1992, Doc. #25968)

Sec. 31.21. - Emergency Conditions Requiring Immediate Action.

Notwithstanding any other provisions of this Chapter, whenever the Utility Bureau Chief determines that conditions or activities exist requiring immediate action to protect the public health, safety, or welfare, he or his designee is authorized to enter at all reasonable times in or upon any property for the purpose of testing, inspecting, investigating, measuring, sampling and correcting such emergency conditions. The Utility Bureau Chief may order the immediate discontinuance of any activity which causes or tends to cause the emergency condition. Failure to comply with such order shall constitute a separate violation of this ordinance.

(Ord. of 6-26-1989, Doc. #23087; Ord. of 8-31-1992, Doc. #25968)

Sec. 31.22. - Liability for Pollution Abatement.

Any person responsible for pollutant discharge into any natural waters or stormwater systems and who fails to correct any prohibited condition or discontinue any prohibited activity at the Utility Bureau Chief's request shall be responsible to pay the necessary expenses incurred by the City in carrying out the pollution abatement, including any expenses incurred in testing, measuring, sampling, collecting, removing, containing, treating, and disposing of the pollutant materials.

(Ord. of 6-26-1989, Doc. #23087; Ord. of 8-31-1992, Doc. #25968)

Sec. 31.23. - Injunctive Relief Prohibiting Discharge.

The City may, immediately upon discovering an ongoing or potential discharge of pollutants into the City's natural waters or stormwater system in violation of this Chapter, petition the Circuit Court of Orange County, or the Federal District Court, for a temporary or permanent restraining order or preliminary injunction to halt or prohibit such discharge. Prior to the filing of such a petition, the Utility Bureau Chief shall attempt to notify the offender of the City's intention to file such action, but such notification shall not be a condition precedent to the City's petitioning for and obtaining injunctive relief.

(Ord. of 6-26-1989, Doc. #23087; Ord. of 8-31-1992, Doc. #25968)

Sec. 31.24. - Penalties.

(1)

Any person who violates any of the provisions of this Chapter shall be punished as provided in Section 1.08 of the City Code. Each and every day on which such person continues to violate the provisions of this Code after having been notified of such violation shall constitute a separate offense.

(2)

Any person who violates any provision of this ordinance shall be subject to a civil penalty of up to $1,000 per day for each day that such person is in violation of this ordinance.

(3)

Any person who causes or allows an unauthorized discharge, or who otherwise violates the provisions of this Chapter, may be required to appear before the Code Enforcement Board for enforcement proceedings pursuant to Chapter 5 of the City Code.

(4)

The remedies and penalties provided in this Ordinance are not exclusive, and the City may seek whatever other remedies are authorized by statute, at law or in equity, against any person who violates the provisions of this Ordinance.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087; Ord. of 8-31-1992, Doc. #25968)

Sec. 31.25. - Appeal Procedure.

(1)

Any person aggrieved by a determination of the Utility Bureau Chief, or his designee, that such person is in violation of this ordinance shall have the right to a review by the City Council in accordance with the procedures set forth in Article XXIV of Chapter 2 of the City Code.

(Ord. of 3-24-1980, § 2; Ord. of 6-26-1989, Doc. #23087; Ord. of 8-31-1992, Doc. #25968)

Sec. 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)

Sec. 30.25. - Right of Revision. Chapter 31A - COMMERCIAL PHYSICAL CONTACT ESTABLISHMENTS AND ESCORT SERVICES