[HISTORY: Adopted by the Town Board of the
Town of Cazenovia 1-12-2009 by L.L. No. 2-2009. Amendments noted where
applicable.]
The Cazenovia Town Board has concluded that
phosphorus contained in stormwater runoff contributes to the eutrophication
(enrichment) of Cazenovia Lake and consequently represents a threat
to the lake's ecological health, recreational quality, and aesthetic
value. Cazenovia Lake is a natural asset which enhances the environmental,
recreational, cultural and economic resources of the area and contributes
to the general health and welfare of the public. The Board further
finds that regulating the amount of phosphorus contained in fertilizer
will help reduce overall phosphorus loading to the lake, which is
the best long-term strategy for the restoration and protection of
Cazenovia Lake.
This chapter applies to all areas of the Cazenovia Lake Watershed, as shown on the map attached as Schedule B to Chapter 140 of the Town of Cazenovia Code.[1]
[1]
Editor's Note: Schedule B is included at the
end of Ch. 104, Stormwater Management and Erosion and Sediment Control.
For purposes of this chapter, the following
terms shall have the following meanings:
Beekeeping; dairying; egg production; floriculture; fish
or fur farming; forest and game management; grazing; livestock raising;
orchards; plant greenhouses and nurseries; poultry raising; raising
of grain, grass, mint and seed crops; raising of fruits, nuts, berries;
sod farming and vegetable raising.
Any fertilizer, whether applied by property owner, renter
or commercial entity, intended for nonagricultural use, such as for
lawns, golf courses, parks and cemeteries. Lawn fertilizer does not
include fertilizer products intended primarily for garden or indoor
use.
A.
Effective March 1, 2009, no person shall apply any lawn fertilizer within the Town of Cazenovia Lake Watershed that is labeled as containing more than 0% phosphorus, except as provided in § 109-5 of this chapter.
B.
No lawn fertilizer shall be applied when the ground
is frozen.
C.
No person shall apply lawn fertilizer to any impervious
surface including parking lots, roadways, and sidewalks. If such application
occurs, the fertilizer must be immediately removed from those surfaces
and either legally applied to turf or placed in an appropriate container.
The restrictions upon the use of lawn fertilizer under § 109-4 of this chapter shall not apply to:
A.
Newly established turf or lawn areas during their
first growing season.
B.
Turf or lawn areas that soil tests, performed within
the past three years by a state-certified soil testing laboratory
or other qualified or recognized authority in the area of soil analysis,
confirm are below phosphorus levels established by the Cornell Cooperative
Extension. The lawn fertilizer application shall not contain an amount
of phosphorus exceeding the amount and rate of application recommended
in the soil test evaluation.
C.
Agricultural uses, vegetable and flower gardens, or
application to trees or shrubs.
D.
Yard waste compost, biosolids or other similar materials
that are primarily organic in nature and are applied to improve the
physical condition of the soil.
Effective March 1, 2009, all vendors of lawn
fertilizer within the Town of Cazenovia will display a map of the
Cazenovia Lake Watershed and a sign containing the regulations set
forth in this chapter and the effects of phosphorus on Cazenovia Lake.
All vendors will offer fertilizer that is labeled as containing 0%
phosphorus.
This chapter will be enforced by the Codes Enforcement
Officer of the Town of Cazenovia.
A.
Any person who violates § 109-4 of this chapter in the application of lawn fertilizer at his or her residence shall be subject to a civil infraction penalty of $100 per violation.
B.
Any commercial fertilizer applicator, residential or commercial developer, industrial or commercial owner, and any person who violates § 109-4 shall be subject to a civil infraction penalty of $200 for the first violation within a twelve-month period, $305 for the second violation within a twelve-month period, and $500 for the third and each subsequent violation within a twelve-month period.
If any section, provision or portion of this
chapter is ruled invalid by a court, the remainder of this chapter
shall not for that reason be rendered invalid.
