Village of Cazenovia, NY Article II Lawn Fertilizers

§ 67-5 Purpose and intent.

The Cazenovia Village Board of Trustees 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.

§ 67-6 Applicability.

This article shall apply to all areas of the Cazenovia Lake Watershed within the Village of Cazenovia, as shown on the maps attached as Schedule B(1) and Schedule B(2) to Chapter 140 of the Code of the Town of Cazenovia,[1] which, for purposes of this article, shall be referred to as the "Cazenovia Lake Watershed."

[1] Editor's Note: Schedules B(1) and B(2) are included at the end of Ch. 140, Stormwater Management and Erosion and Sediment Control of the Code of the Town of Cazenovia.

§ 67-7 Definition.

For purposes of this article, the following term shall have the following meaning:

LAWN FERTILIZER

Any fertilizer, whether applied by a property owner, renter, commercial entity or other person, intended for nonagricultural use, such as for lawns, golf courses, parks and cemeteries. Lawn fertilizer does not include fertilizer products intended and applied for garden and/or indoor use.

§ 67-8 Use and application.

A. Effective June 1, 2009, no person shall apply any lawn fertilizer within the Cazenovia Lake Watershed that is labeled as containing more than 0% phosphorus, except as provided in § 67-9 of this article.

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 or placed in an appropriate disposal container.

§ 67-9 Exemptions.

The restrictions upon the use of lawn fertilizer under Subsection A of § 67-8 of this article 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. 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.

§ 67-10 Sale of fertilizer containing phosphorus.

Effective June 1, 2009, all vendors of lawn fertilizer within the Village of Cazenovia shall display a map of the Cazenovia Lake Watershed and a sign containing the regulations set forth in this article and the effects of phosphorus on Cazenovia Lake. All vendors of fertilizer which contains phosphorous shall also offer for sale fertilizer that is labeled as containing 0% phosphorus.