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Town of Owasco, NY
Cayuga County
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[HISTORY: Adopted by the Town Board of the Town of Owasco as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 150.
ATTACHMENTS
075a Schedule B
[Adopted 8-12-2010 by L.L. No. 3-2010]
The Owasco Town Board has concluded that phosphorus contained in stormwater runoff contributes to the eutrophication (enrichment) of Owasco Lake and consequently represents a threat to the lake's ecological health, recreational quality and aesthetic value. Owasco 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 Owasco Lake.
This chapter applies to all areas of the Owasco Lake Watershed, as shown on the map attached as Schedule B[1] the Town of Owasco Code.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
For purposes of this chapter, the following terms shall have the following meanings:
AGRICULTURE USES
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.
LAWN FERTILIZER
Any fertilizer, whether applied by a 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 January 1, 2011, no person shall apply any lawn fertilizer within the Town of Owasco Lake Watershed that is labeled as containing more than 0% phosphorus, except as provided in § 75-5 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 § 75-4 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 January 1, 2011, all vendors of lawn fertilizer within the Town of Owasco will display a map of the Owasco Lake Watershed and a sign containing the regulations set forth in this chapter and the effects of phosphorus on Owasco 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 Owasco.
A. 
Any person who violates § 75-4 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 § 75-4 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.