[HISTORY: Adopted by the 5-13-2013 Annual Town Meeting, Art. 35; amended in its entirety 10-27-2014 STM, Art. 7. Subsequent amendments
noted where applicable.]
A Town bylaw to conserve resources and protect the environment
by regulating the outdoor application of nitrogen and phosphorus in
order to reduce the overall amount of excess nitrogen and phosphorus
entering the town's Resource Areas as defined in the Orleans
Wetlands Protection Bylaw (Ch. 160-2) and Orleans Wetland Protection
Regulations Ch. 196A-2. Reducing excess nitrogen and phosphorus helps
protect and improve water quality of Orleans valuable surface waters.
This bylaw shall apply to and regulate any and all applications
of nitrogen and phosphorus fertilizer within the Town of Orleans.
As used in this bylaw, the following terms shall have the meanings
indicated:
Includes farming in all its branches, generally as the cultivation
and tillage of soil, dairying, the production, cultivation, growing
and harvesting of agricultural, floricultural, viticultural, or horticultural
commodities, and shellfishing, including preparations and delivery
to storage or to market or to carriers for transportation to market.
A sequence of activities designed to limit a nonpoint pollution source. For the purposes of this Bylaw and pursuant to Section 103-6 of this Bylaw, BMP means the most current edition of "Best Management Practices for Soil and Nutrient Management in Turf Systems," prepared by University of Massachusetts Extension, Center for Agriculture, Turf Program.
A substance that enriches the soil with elements essential
for plant growth, such as nitrogen, phosphorus, potassium or other
substances; fertilizer does not include those nutrients that are normally
excluded from fertilizer such as chemicals that are part of dolomite,
limestone, or lime.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
An element essential to plant growth. For the purposes of
the Bylaw, nitrogen may be available as slow-release, controlled-release,
timed-release, slowly available, or water insoluble nitrogen, which
means nitrogen in a form that delays its availability for plant uptake
and use after application and is not rapidly available to turf and
other plants; and/or quick-release, water-soluble nitrogen which means
nitrogen in a form that does not delay its availability for turf and
other plant uptake and is rapidly available for turf and other plant
uptake and use after application.
Mineral and organic substances that contain phosphorus and
that are used for improving the nutrition of plants.
Grass-covered soil held together by the roots of the grass,
also known as "sod" or "lawn".
All applications shall comply with the following standards:
A.Â
The application of nitrogen or phosphorus is prohibited between October
16 and April 14.
B.Â
No person shall cause nitrogen or phosphorus to apply to, or otherwise
be deposited to any impervious surface including parking lot, driveway,
roadway, sidewalk, or ice. Any fertilizer applied, spilled, and/or
deposited on any impervious surface, either intentionally or accidentally,
must be immediately and completely removed and contained and either
legally applied to turf or any other legal site or retuned to an appropriate
container.
C.Â
No person shall apply nitrogen or phosphorus directly during or immediately
prior to heavy rainfall, such as but not limited to thunderstorms,
hurricanes, or northeastern storms, or when the soil is saturated
due to intense or extended rainfall.
D.Â
The application of nitrogen or phosphorus is prohibited within 100
feet of Resource Areas as defined in the Orleans Wetland Protection
Bylaw and regulations.
E.Â
Phosphorus containing fertilizer shall not be applied unless a soil
test taken not more than three years before the proposed fertilizer
application indicates that additional phosphorus is needed for growth
of that turf, or unless establishing new turf or re-establishing or
repairing turf after substantial damage or land disturbance, in which
case the application shall be in compliance with the Best Management
Practices (BMP) developed by University of Massachusetts Extension,
Center for Agriculture, Turf Program.
The following activities shall be exempt from Section 103-4:
A.Â
Application of nitrogen or phosphorus for agriculture and horticulture
uses
B.Â
Application of nitrogen or phosphorus to gardens, including vegetable
and flower, trees, shrubs and indoor applications including greenhouses.
C.Â
Application of nitrogen or phosphorus for the establishment of new
vegetation in the first growing season, or repairing of turf in the
first growing season, after substantial damage.
D.Â
Yard waste compost or other similar materials that are primarily
organic in nature and are applied to improve the physical condition
of the soil.
[Amended 5-8-2017 ATM,
Art. 35]
A.Â
The Town of Orleans strongly recommends that nitrogen should be applied
to turf and other plants at the lowest rate necessary. Any single
application of nitrogen should not exceed 0.5 pounds of nitrogen per
1000 square feet, and the annual aggregate total application of nitrogen
should not exceed 1.0 pounds per 1000 square feet. The application
of any nitrogen should be of an organic, slow-release, water-insoluble
form.
Fertilizer shall only be applied in conformance with this section
within 2 years of its effective date.
The enforcement authority shall be the Zoning Enforcement Officer
or his designee.
Should any section, part, or provision of this bylaw be deemed
invalid or unconstitutional, such decision shall not affect the validity
of the remaining terms of this bylaw as a whole or any part thereof,
other than the section, part, or provision held invalid or unconstitutional.
