[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 the Town of Owasco Code.
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.
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.
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.