[HISTORY: Adopted by the Borough Council of the Borough
of Harveys Lake 11-18-1997 by Ord. No. 1-1997.
Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 6.
This chapter shall be known as the "Control of Lawn Fertilizers Ordinance."
The Borough of Harveys Lake finds that lawn fertilizers are an identified
nonpoint source (NPS) contributing to the total surface runoff nutrient load
entering Harveys Lake. These fertilizers entering Harveys Lake via surface
runoff have a significant impact on the water quality of the lake. Specifically:
A.
Lawn fertilizers are an identified source of pollutants
which degrade the water quality of Harveys Lake.
B.
The presence of nutrients such as phosphorus and nitrogen
in surface runoff accelerates the process of eutrophication.
C.
Lawn fertilizers with phosphorus have a substantially
greater impact on water quality than nonphosphorus fertilizers.
D.
When these fertilizers are applied is just as important
as what type are applied in minimizing this form of NPS pollution.
E.
Substantial local economic losses can result from the
adverse impacts NPS pollutants, such as lawn fertilizers, have on Harveys
Lake.
In order to protect and enhance both the immediate and long-term health
of Harveys Lake, this chapter has the following objectives:
A.
Ban the use of phosphorus fertilizers within the Borough
of Harveys Lake.
B.
Avoid overapplication of fertilizers, in both amount
and frequency, within the Borough.
C.
Ensure that, whenever practicable, fertilizer applications
should be avoided immediately prior to a storm event (a minimum of 24 hours).
D.
Whenever practicable, utilize solid, granular or pellet
forms of fertilizers to minimize the opportunity for these products to immediately
wash into the lake or local inlet.
This chapter will only be effective if the members of the local community
understand why such an ordinance is being implemented and what they can do
to comply with the chapter. Obviously, this requires some sort of public education.
Therefore:
A.
A pamphlet or leaflet will be sent to each homeowner
within the Borough that provides information on:
B.
Upon reading the enclosed information, the homeowners
will then be asked to sign letter stating that they have read the information
provided to them and will follow the guidelines to the best of their abilities.
It should be stressed that this signed statement and the resulting actions
of the homeowners will aid in preventing or at least minimizing the general
degradation of Harveys Lake.
Since many homeowners within the Borough of Harveys Lake contract lawn
care businesses in the general maintenance of their lawns, this section of
the chapter focuses on proposed requirements for these business.
A.
Local Harveys Lake license required. No person or lawn
care business will apply lawn fertilizers within the Borough of Harveys Lake
unless a license has been obtained from the Borough Clerk.
B.
Licensing procedure. Applications for a lawn care business
shall be submitted to the Borough Clerk. The application shall consist of
the following:
(1)
Identification: name, address and telephone number of
applicant and any individuals authorized to represent the applicant.
(2)
Fertilizer description: description of the lawn fertilizer
formula proposed to be applied on lawns within the Borough.
(3)
Fertilizer formula. A copy of the formula for the fertilizer
mixtures to be applied within the Borough shall be submitted along with the
initial application for a license, and thereafter, at least 30 days before
composition changes are implemented. The proposed fertilizers should contain
no phosphorus.
C.
Additional requirements. In addition to utilizing nonphosphorus
lawn fertilizers with the Borough, additional requirements must be satisfied
in order to obtain a license from the Borough. These include:
(1)
Whenever feasible, not to plan application of fertilizers
at least 24 hours before a predicted storm event. This will avoid the transport
of lawn fertilizers to the lake via surface runoff.
(2)
Not to apply lawn fertilizers during a storm event.
(3)
Follow any other guidelines the Borough may provide to
the lawn care business along with their approval license.
D.
License fee. A license fee shall be set forth at $100
per year per lawn care businesses working within the Borough. The license
shall expire on the 31st day of December in each year. The license fee shall
not be prorated.
[Amended 5-21-2003 by Ord. No. 1-2003]
E.
Conditions of license. Commercial fertilizer applicator
licenses shall be issued subject to the following conditions, which shall
be specified on the license form:
(1)
Random sampling. Lawn care businesses shall permit the
Borough to sample any commercial fertilizer product to be applied within the
Borough at any time after issuance of the initial license. Each vehicle containing
lawn fertilizer that comes into the Borough of Harveys Lake must stop at the
Municipal Building, and a sample of the contents shall be taken from each
vehicle.
[Amended 5-21-2003 by Ord. No. 1-2003]
(2)
Possession of license. The commercial fertilizer application
license or a copy thereof shall be in the possession of any party employed
by the lawn care business when conducting fertilizer applications within the
Borough.
F.
Revocation of suspension of license. All licenses issued
under this section shall be deemed to be granted upon the express condition
that, in addition to any other sanction or penalty, the Borough Council may:
(1)
After due notice by personal service of registered or
certified mail and after due hearing, suspend or revoke the license of any
person for violating any provision of this section.
(2)
Suspend temporarily, pending a hearing or notice thereof,
any license when deemed by the Borough Council to be immediately necessary
to prevent imminent danger to public welfare, good or morals. Any such temporary
suspension without notice shall be for a period not longer than 10 days.
The Borough reserves the right to adopt, from time to time, additional
rules and regulations as shall be deemed necessary and proper relating to
this chapter which additional rules and regulations, to the extent appropriate,
shall be construed as part of this chapter.
[Amended 5-21-2003 by Ord. No. 1-2003]
A.
Any person who shall violate any provision of this chapter
shall, upon summary conviction thereof, be sentenced to pay a the following
fines for noncompliance, together with costs of prosecution in each case,
and, in default of payment, to imprisonment not to exceed 30 days:
B.
Each day that a violation of this chapter continues shall
constitute a separate offense and shall be punishable accordingly.
It is hereby declared that enactment of this chapter is necessary for
the production, benefit and preservation of the health, safety and welfare
of the inhabitants of the Borough.
