[HISTORY: Adopted by the Town Board of the Town of Queensbury 9-12-2011 by L.L. No.
5-2011. Amendments noted where applicable.]
This chapter shall be known as the "Town of Queensbury Lawn
Fertilizer and Pesticide Runoff Control Law."
A.
Past land use management practices have contributed to the decline
in the water quality in our local bodies of water. Since lawns are
less permeable than the natural topography and vegetation, chemicals
associated with lawn maintenance (like those used in fertilizers,
pesticides and herbicides) are transported by stormwater into our
lakes, bays, ponds, reservoirs, streams arid wetlands. When these
chemicals accumulate and exceed natural concentrations, they become
contaminants, substances that can cause harm to the ecosystem. Chemicals
associated with lawn care maintenance are contaminating our water
bodies and can cause numerous and substantive health and environmental
concerns. These contaminants can endanger human, aquatic and plant
health.
B.
The increased amount of nutrients in our water bodies can cause an
excess of aquatic plants and algae, and can encourage the growth of
nuisance and invasive species. Dead and decomposing plants and algae
can deplete oxygen levels and create dead zones. Phosphorus is the
limiting nutrient that promotes eutrophication in our lakes, impairing
water quality and accelerating the water bodies' aging process.
C.
In addition to their inherent environmental value, the pristine waters
of Lake George, Glen Lake and Lake Sunnyside have an important economic
role; not only are shoreside buildings and land values dependent on
the maintenance and improvement of these water bodies' quality,
so too is tourism, an important component of the local economy. Therefore,
these bodies of water warrant additional and more stringent standards
of protection than those scheduled to go into effect January 1, 2012,
pursuant to Chapter 205 of the 2010 Laws of New York. In addition,
it is essential that these standards become effective as soon as possible
to prevent further decline in the water quality of these bodies of
water.
[Amended 11-17-2014 by L.L. No. 6-2014]
The intent of this chapter is to better regulate land use management
practices, specifically by limiting water body exposure to nitrates,
phosphorus compounds and pesticide-related chemicals, to reduce water
body contamination, improve water body ecosystem integrity and assure
healthier human, animal and plant habitats. This chapter applies to
shores of Glen Lake, Lake Sunnyside, and the portion of Lake George
within the Town of Queensbury, as well as all natural streams, tributaries,
springs and wetlands within that portion of the Lake George Watershed
located within the Town of Queensbury.
As used in this chapter, the following terms shall have the
meanings indicated:
Any substance containing one or more recognized plant nutrients
which is designed for use or claimed to have value in promoting plant
growth, except unmanipulated animal or vegetable manures, agricultural
liming material, wood ashes, gypsum and other products exempted by
regulation of the New York State Commissioner of Agriculture and Markets.
Any biosolid-based product which is not subject to regulation as a
"commercial fertilizer" by the New York State Department of Agriculture
and Markets is not subject to the provisions of this chapter.
A commercial fertilizer distributed primarily for non-agricultural
uses, such as applications on lawns.
Any substance or mixture of substances intended for preventing,
destroying, repelling or controlling any insects, rodents, fungi,
weeds, or other forms of plant or animal life or viruses, except viruses
on or in living humans or other animals, and any substance or mixture
of substances intended as a plant regulator, defoliant or desiccant.
Pesticides include, but are not limited to, chemical products used
for grub control, weed killer, fungus treatment, insect spray, crab
grass preventer and include all products that are classified as herbicides,
algaecides, insecticides, fungicides, rodenticides and termicides,
etc.
The waters of Glen Lake, Lake Sunnyside and Lake George,
and shall also include all natural streams, tributaries (whether perennial
or intermittent), springs and wetlands located within the Town of
Queensbury and also located within the Lake George Park as defined
in New York Environmental Conservation Law § 43-0103, Subdivision
1.
[Added 11-17-2014 by L.L. No.
6-2014]
The Town of Queensbury.
[Amended 11-17-2014 by L.L. No. 6-2014]
A.
No person shall, whether knowingly or negligently by virtue of insufficient
control, apply or authorize any person by way of service contract
or other arrangement to apply any lawn fertilizer on vegetation within
50 feet of any regulated water body within the Town of Queensbury.
B.
No person shall, whether knowingly or negligently by virtue of insufficient
control, apply or authorize any person by way of service contract
or other arrangement to apply any lawn fertilizer on any privately
owned impermeable surface that directs stormwater flow into any regulated
water body.
C.
Only lawn fertilizer labeled as containing no phosphorus (or other compound containing phosphorus, such as phosphate) may be applied 50 feet or more from any regulated water body, provided that such use not violate the prohibition set forth in New York State Environmental Conservation Law § 17-2103, Subdivision 3. Fertilizer use beyond 50 feet of any regulated water body must comply with all applicable provisions of state law, including Article 17, Title 21, of the New York State Environmental Conservation Law.
D.
No person shall, whether knowingly or negligently by virtue of insufficient
control, apply or authorize any person by way of service contract
or other arrangement to apply lawn fertilizer to any impermeable surface,
including parking lots, roadways, and sidewalks, anywhere within the
Town. If such application occurs, the fertilizer must be immediately
contained and either legally applied to turf or other appropriate
vegetation or placed in an appropriate container and properly disposed
of.
A.
All persons performing residential lawn applications treating an
area more than 100 square feet shall affix markers to be placed within
or along the perimeter of the area where pesticides will be applied.
Markers are to be placed so as to be clearly visible to persons immediately
outside the perimeter of such property. Such markers shall be posted
at least 12 inches above the ground and shall be at least four inches
by five inches size.
B.
The markers required pursuant to this paragraph shall be in place
on the day during which the pesticide is being applied and shall instruct
persons not to enter the property and not to remove the signs for
a period of at least 24 hours. Such instruction shall be printed boldly
in letters at least 3/8 inch in height.
This chapter shall not apply to:
A.
Newly established turf or lawn areas during their first growing season.
B.
Emergency situations which are confirmed by the Code Enforcement
Officer. The Town's Code Enforcement Officer will assess the
emergency claim, ensure its validity and may allow an exemption, if
the exemption request is the most appropriate remedial action. If
the emergency request is for the use of a pesticide, all non-pesticide
remedies must be considered first. If pesticide use is needed, it
must be the least toxic effective control, and its use must be restricted
to only the infested area.
C.
Situations in which a reliable soil test indicates a need for the
addition of phosphorus fertilizer. This test shall be conducted by
qualified agencies such as the Cornell University Cooperative Extension.
D.
Application of lawn fertilizer where a continuous natural vegetative buffer, at least 15 feet wide, exists between the turf or lawn area where the application is to occur and any regulated water body or an impermeable surface. This buffer must conform to the requirements of Town Code § 179-8-040, Shoreline buffers. This chapter will also apply to the Town Code § 179-8-040 buffer area.
[Amended 11-17-2014 by L.L. No.
6-2014]
E.
Agricultural uses, vegetable and flower gardens or application to
trees or shrubs.
F.
Natural chemical-free pesticides and herbicides; labeled environmentally
safe and not harmful to plants, animals and humans.
G.
U.S. Department of Agriculture (USDA) approved organic herbicides,
pesticides and repellants.
H.
Application of pesticides for invasive plant control, if all applicable
state and local agency approvals have been obtained.
I.
Impermeable surfaces that discharge to approved treatment devices
that are a part of an approved stormwater management plan.
A.
For the first violation of the provisions of this chapter or any
rule or regulation adopted pursuant to this chapter, a civil penalty
not exceeding $150 shall be imposed. For the second and succeeding
violations, a civil penalty not exceeding $450 shall be imposed for
each single violation. No civil penalty shall be imposed as provided
for herein unless the alleged violator has received notice of the
charge and has had an opportunity to be heard.
B.
If a property owner violates any provision of this chapter, he/she
shall be held responsible for the full penalty.
C.
If a landscaper/maintenance service contracted by a property owner,
occupant or agent violates any provision of this chapter, both the
landscaper/maintenance service and the property owner, occupant or
agent responsible for the service contract shall be held responsible
for the full penalty.
D.
Whenever a violation of this chapter occurs, the Town's Building
and Codes Officer, or an authorized designee may, at his or her own
initiative, enforce compliance and order the violation be remedied.
All complaints shall be made in writing to the Town's Building
and Codes Officer or authorized designee who shall then properly record
such complaint and timely investigate the same. The Town's Building
and Codes Officer shall have the authority to issue a summons or take
any such enforcement action authorized by law upon any person owning,
leasing, controlling or managing any building, structure or land.
