This chapter shall be known as the "Town of Richmond Lawn Fertilizer
and Pesticide Runoff Control Law."
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:
COMMERCIAL FERTILIZER
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.
INVASIVE SPECIES
Species of plants which are prohibited or otherwise regulated
under 6 NYCRR Part 575, Prohibited and Regulated Invasive Species.
LAWN FERTILIZER
A commercial fertilizer distributed primarily for nonagricultural
uses, such as applications on lawns.
PESTICIDES
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.
VEGETATIVE BUFFER
An area of existing, dense vegetation intended to slow runoff,
trap sediment and pollutants, and provide some infiltration into underlying
soils.
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.
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.