LL 05 Lawn Fertilizer and Pesticide Runoff Control ' - •e y
Local aW Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET,ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
l� X
XXC1tXX of--------------------- s bL Y
Town
MIMI
Local Law No------------------ ----------------- of the year 20-_1.1
A local law-----------AmQJ]Ji- ueenshu� __Ta�zn__CQde__h __Asidiaa�_�►_ r_-_______---
(low"Me)
. Chapter 107 Entitled.,--"Lawn Fertilzer And
Pesticide Runoff Control"
---—--------------------------------------------------------------------------------------------------------
---------------------------------------—--------------------------------------------------------------------
Be it enacted*by the ----------- -= Town Board -_ of the
--- -------- -------------------------------------------------------------
(N,,.eoJLc�aredolr)
Gamy
XXRX of------------------------------
4eaeesbe-r-t---------------------------------------- as follows:
Town
Xisl3i$�
ARTICLE 1. The Queensbury Town Code is hereby amended by adding the following
new Chapter 107:
CHAPTER 107- LAWN FERTILIZER AND PESTICIDE RUNOFF CONTROL
§107-1 Short Title.
This Chapter shall be known as the "Town of Queensbury Lawn Fertilizer and
Pesticide Runoff Control Law."
§107-2 Findings.
(1) 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 vegetatign, chemicals associated with lawn maintenance (like
those used in fertilizers, pesticides and herbicides) are transported by stormwater into our
lakes, bays, ponds, reservoirs, streams acid wetlands. When these chemicals accumulate
and exceed natural concentrations, they become contaminants, substances that can cause
(If additional space is needed,attach pages the same size as this sheet,and number each.)
in_.. 1 t r00% �1" .
harm to the ecosystem. Chemicals associated with lawn care maintenance are
contaminating our water bodies and can cause of numerous and substantive health and
environmental concerns. These contaminants can endanger human, aquatic and plant
health.
(2) 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.
(3) 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 shore side 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.
§107-3 Intent.
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.
§107-4 Definitions.
(1) "Town"means the Town of Queensbury.
(2) "Commercial fertilizer" means 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.
(3) "Lawn fertilizer" means a commercial fertilizer distributed primarily for
non-agricultural uses, such as applications on lawns.
(2)
r
(4) "Pesticide" means 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.
§107-5 Regulation of the Use and Application of Lawn Fertilizer.
(1) 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 fifty feet (50') of Glen
Lake, Lake Sunnyside, or the portions of Lake George within the Town of Queensbury.
(2) 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 Glen Lake, Lake Sunnyside, or the portions of Lake
George within the Town of Queensbury.
(3) Only lawn fertilizer labeled as containing no phosphorus (or other
compound containing phosphorus, such as phosphate) may be applied between fifty feet
(50') and two hundred feet (200') from the shorelines of Glen Lake, Lake Sunnyside, or
the portions of Lake George within the Town of Queensbury.
(4) Fertilizer use beyond two hundred feet (200') of the shorelines of Glen
Lake, Lake Sunnyside and Lake George is not regulated by this law.
(5) 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. 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.
§107-6 Regulation of the Use and Application of Pesticides.
(1) All persons performing residential lawn applications treating an area more
than one hundred 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 twelve inches (12") above the ground and shall be at least
four inches (4")by five inches (5") in size.
(3)
(2) 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 twenty-four hours. Such
instruction shall be printed boldly in letters at least three-eighths of an inch in height.
§107-7 Exemptions.
This Chapter shall not apply to:
(1) Newly established turf or lawn areas during their first growing season.
(2) Emergency situations which are confirmed by the Code Enforcement
Officer. The Town's Code Enforcement Officer will assess the emergency claim, assure
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.
(3) 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.
(4) Application of lawn fertilizer where a continuous natural vegetative
buffer, at least fifteen feet (15') wide, exists between the turf or lawn area where the
application is to occur and any surface water or an impermeable surface. This buffer
must conform to the requirements of Town Code §179-8-040. — Shoreline Buffers. This
Local Law will also apply to the Town Code §179-8-040 Buffer Area.
(5) Agricultural uses, vegetable and flower gardens or application to trees or
shrubs.
(6) Natural chemical-free pesticides and herbicides; labeled environmentally
safe and not harmful to plants, animals and humans.
(7) U.S. Department of Agriculture (USDA) approved organic herbicides,
pesticides and repellants.
(8) Application of pesticides for invasive plant control, if all applicable State
and local agency approvals have been obtained.
(9) Impermeable surfaces that discharge to approved treatment devices that
are a part of an approved stormwater management plan.
§107-8 Enforcement and Penalties.
(1) 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 one hundred
(4)
fifty dollars ($150.00) shall be imposed. For the second and succeeding violations, a
civil penalty not exceeding four hundred fifty dollars ($450.00) 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.
(2) If a property owner violates any provision of this Chapter, he/she shall be
held responsible for the full penalty.
(3) 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.
(4) 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.
ARTICLE 2. The invalidity of any clause, sentence, paragraph or provision of this
Local Law shall not invalidate any other clause, sentence,paragraph or part thereof.
ARTICLE 3. All Local Laws or Ordinances or parts of Local Laws or Ordinances in
conflict with any part of this Local Law are hereby repealed.
ARTICLE 4. This Local Law shall take effect upon filing in the office of the New York
State Secretary of State.
(5)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto,designated as local law No. ----------5!_____________________ of 20___1.1
f the(JVAMX ')(Town)(M90)of---------------4ueenabuz-y------------------------------ was duly passed by the
.______T� __R�r4------------------ on -_____ 20-_4in accordance with the applicable provisions of law.
lame ofLegitlative Body)
. (Passage by local legislative body with approval,no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------
f the(County)(City)(Town)(vllage)of--------------------- ------------------------------------------- was duly passed by the
--------------------------------------------- on ------------------ 20 ---,and was (approved)(not approved)(repassed after
'ame ofLegislatsve Body)
isapproval)by the-------------------------------------------------- and was deemed duly adopted on --------=--------- 20----,
(Elective Chief Executive Officer*)
i accordance with the applicable provisions of law.
(Final adoption by referendum.)
hereby certify that the local law annexed hereto,designated as local law No. ------------------------------------of 20------
f the(County)(City)(Town)(Village)of------------------------- --------------------------------------- was duly passed by the
------------------------------------------------- on------------------ 20----,and was(approved)(not approvedxrepassed after
'ante of Legislative Body)
isapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective Chief Exec"ve Officer*)
the people by reason of a (mandatory)(permissive)referendum,and received the affirmative vote of a majority of
ie qualified electors voting thereon at the(general)(special)(annual).election held on------------------ 20L--- ,in
-cordance with the applicable provisions of law.
(Subject to permissive referendum and final adoption because no valid petition was filed requesting.
referendum.)
hereby certify that the local law annexed hereto,designated as local law No. ___________________________________ of 20------
f the(County)(City)(Town)(Village)of------------------------- --------------------------------------- was duly passed by the
_________________________________________________ on------------------ 20----,and was(approved)(not approved)(repassed after
ame of Legislative Body)
isapproval)by the-------------------------------------------------- on------------------ 20--- . Such local law was subject to
(Elective Chief Executive Officer*)
-rmissive referendum and no valid petition requesting sucli referendum-was filed as of------------------ 20L___ ,in
xordance with the applicable provisions of law.
(6)'
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
ivide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or
:he supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
[hereby certify that the local law annexed hereto,designated as local law No. -----=----------------------------- of 20------
of the City of--------------------------------------------- having been submitted to referendum pursuant to the provisions-of
section(36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the(special)(general)election held on------------------- 20----,
became operative.
6. (County local law concerning adoption of Charter.)
[hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------
A the County of---------------------------------------------------- State of New York,having been submitted to the electors
at the General Election of November---------------------- 20----,pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election,became operative.
If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
[further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner in-
dicated in paragraph------a------above.
Clerk of the County legislative body,ClWr own or VilIagelMerk
or otTicer designated by local legislative body
(Seal) Date:
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF 4$c r c n
I,the undersigned,hereby certify that the foregoing local law contains the correct text and-that all proper proceedings
have been had or taken for the enactment of the local law an ed hereto.
r
Signature Cathi L. Ra r
Town Counsel
Title
t of pueensbury
Town
Wnx
Date: September 13, 2011
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09/19/2011 #275157
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion iny your_Code as supplemental pages{where applicable}:
LL No. 5-2011
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
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