[HISTORY: Adopted by the Town Board of the Town of Richmond by . Amendments noted
where applicable.]
This chapter shall be known as the "Town of Richmond 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 and
pesticides) are transported by stormwater into our lakes, ponds, streams
and 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 waters of
Honeoye Lake have an important economic role; not only are shoreside
buildings and land values dependent on the maintenance and improvement
of Honeoye Lake's water quality, so too is tourism, an important
component of the local economy. Therefore, this body of water warrants
additional and more stringent standards of protection than those in
effect since 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 Honeoye Lake.
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, as well as tributaries into, Honeoye Lake within the Town
of Richmond.
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.
Species of plants which are prohibited or otherwise regulated
under 6 NYCRR Part 575, Prohibited and Regulated Invasive Species.
A commercial fertilizer distributed primarily for nonagricultural
uses, such as applications on lawns.
Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest, and any substance or
mixture of substances intended for use as a plant regulator, defoliant
or desiccant, and those substances defined pursuant to New York State
Environmental Conservation Law § 17-0105.
An area of existing, dense vegetation intended to slow runoff,
trap sediment and pollutants, and provide some infiltration into underlying
soils.
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 commercial fertilizer, lawn fertilizer,
and pesticides on vegetation within 50 feet of Honeoye Lake within
the Town of Richmond. The use of commercial fertilizer, lawn fertilizer,
and pesticides within 50 feet of any tributary into Honeoye Lake is
also prohibited.
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 commercial fertilizer, lawn fertilizer,
and pesticides on any privately owned impermeable surface that directs
stormwater flow into Honeoye Lake within the Town of Richmond.
C.
Only lawn fertilizer labeled as containing no phosphorus (or other
compound containing phosphorus, such as phosphate) may be applied
between 50 feet and 200 feet from the shorelines of Honeoye Lake or
any tributary of Honeoye Lake within the Town of Richmond.
D.
Fertilizer and pesticide use beyond 200 feet of the shorelines of
Honeoye Lake, or any tributary of Honeoye Lake, is not regulated by
this chapter.
E.
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, and sidewalks. 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.
Pursuant to 6 NYCRR 325.40, visual notification markers must be posted
by any pesticide applicator or business performing a commercial lawn
application described in this section. Such markers must be at least
four inches by five inches in size, and letters on the markers must
be at least three-eighths of an inch in height. Such markers must
be yellow in color, have lettering which is black in color and be
constructed of rigid material. All such markers must include on the
front of the marker:
(1)
The phrase "PESTICIDE APPLICATION" or "PESTICIDE TREATMENT" or "PESTICIDES
APPLIED";
(2)
The specific date and time of the actual commercial lawn application,
unless the date and time are provided to the property owner or owner's
agent immediately following application and prior to leaving the premises;
(3)
The phrase "DO NOT ENTER"; and
(4)
The phrase "DO NOT REMOVE SIGN FOR 24 HOURS"; and
(5)
A prominent visual warning symbol, at least 1.5 inches in diameter,
such as a person walking a dog with a slash through the symbol or
a stern face with an outward facing raised open hand.
B.
Other information. The only text and image allowed on the front of
the marker are those required by this regulation and the name and
telephone number of the applicator business. Any other text and/or
images must be placed on the back of the marker.
C.
Visual notification marker posting. Visual notification markers:
(1)
Must be placed such that the top of the marker is at least 12 inches
above the ground; and
(2)
Must be placed by the pesticide applicator or business making the
commercial lawn application prior to the application and remain posted
for a period of not less than 24 hours following the application;
and
(3)
Must be placed such that the front of the marker is clearly visible
from outside the treated area; and
(4)
Must be placed not more than 50 feet apart along the perimeter of
the treated area in the event that markers used are between four inches
by five inches in size and five inches by five inches in size or not
more than 100 feet apart along the perimeter of the treated area in
the event that markers used are at least five inches by six inches
in size; and
(5)
Must also be placed at common points of entry adjacent to the treated
areas, including, but not limited to, driveways and walkways; and
(6)
Need not be placed at any portion of the perimeter of the treated
premises or treated area which is rendered impassible by a fence,
wall, hedge or similar device or natural topographic feature; provided,
however, that every treated premises or treated area must be marked
by at least two visual notification markers, except only one visual
notification marker is required when an individual tree or shrub is
treated which can only be approached from one direction.
This chapter shall not apply to:
A.
Newly established turf or lawn areas.
B.
Emergency situations which are confirmed by the Code Enforcement
Officer. The 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 Cooperative Extension Ontario
County.
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 surface water or an impermeable
surface.
E.
Agricultural uses, vegetable and flower gardens or application to
trees or shrubs.
F.
United States Department of Agriculture (USDA) approved organic pesticides
and repellants.
G.
Application of pesticides for invasive species/plant control, if
all applicable state and local agency approvals have been obtained.
H.
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 Code
Enforcement 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 Code Enforcement Officer
or authorized designee, who shall then properly record such complaint
and timely investigate the same. The Town's Code Enforcement
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.
Severability. If any part or provision of this chapter or the
application thereto to any person or circumstance shall be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances.
