A. Definitions. For the purposes of this Section, the following words and terms are defined as follows:
1. “Commercial Applicator” means a person engaged in the business of applying fertilizer for hire.
2. “Non-Commercial Applicator” means a person who applies fertilizer, such as, without limitation, a homeowner or tenant, but is not a Commercial Applicator.
3. “Fertilizer” means a substance containing nitrogen, phosphorous or any other recognized plan nutrient or compound which is used primarily for its plant nutrient content.
4. “Waterway” means any river, canal, pond, lake, or other body or pool of water, whether or not serving as a route or way of travel or transport.
B. Prohibition. No commercial applicator or non-commercial applicator shall apply fertilizer in the Village, whether liquid, granular, or solid, which contains any amount of phosphorous or compound containing phosphorous, such as, without limitation, phosphate. The prohibition in this subsection B. shall not apply to:
1. Naturally occurring phosphorous in unadulterated natural or organic fertilizing products, such as yard waste or compost;
2. Turf and lawn areas for which soil tests confirm that the phosphorous content is below median phosphorous levels for typical area soils;
3. Flower beds and vegetable gardens; and
4. The establishment of newly seeded, sodded, sprigged or plugged turf/lawn areas.
5. Golf course maintenance, provided that:
a. Annual soil sampling is performed to determine actual nutrient needs, and anticipated phosphorous applications to meet those needs are acceptable to the Village;
b. Soil sample results and reports of the type and amount of fertilizer applied shall be provided to the Village upon request; and
c. Fertilizer shall be applied by applicators and operators licensed through the Illinois Department of Agriculture.
C. Impervious surfaces, drainage ways, and bufferzones. No commercial applicator or non-commercial applicator shall apply fertilizer to:
1. Impervious surfaces;
2. Areas within drainage ditches;
3. Waterways or any property within 15 feet of a waterway, except for tee and green complexes on golf courses; or
4. Areas delineated as wetlands by the United States Army Corps of Engineers and any area established by the United States Army Corps of Engineers as a natural buffer zone for such wetlands.
D. Signage required. Any entity selling fertilizer within the Village must post a clearly readable sign within 10 feet of where the fertilizer is sold that reads as follows:
“PURSUANT TO SECTION 8.20.060 OF THE WINNETKA VILLAGE CODE, THE VILLAGE OF WINNETKA PROHIBITS THE APPLICATION OF: (1) FERTILIZER CONTAINING PHOSPHOROUS OR COMPOUNDS CONTAINING PHOSPHOROUS EXCEPT AS PROVIDED IN SECTION 8.20.060.B. OF THE VILLAGE CODE; AND (2) FERTILIZER TO IMPERVIOUS SURFACES, DRAINAGE DITCHES, WATERWAYS, PROPERTY WITHIN 15 FEET OF WATERWAYS, WETLANDS, AND WETLAND BUFFER ZONES.”
(MC-1-2017, Added, 03/21/2017)