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City of Trenton, NJ
Mercer County
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Table of Contents
Table of Contents
[Adopted 9-15-2016 by Ord. No. 16-57]
The purpose of this article is to regulate the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering waterways, thereby helping to protect and improve surface water quality. This article does not apply to fertilizer application at commercial farms.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein, unless their use in the text of this article clearly demonstrates a different meaning. The word "shall" is always mandatory and not merely directory.
BUFFER
The land area, 10 feet in width, adjacent to any waterbody.
COMMERICAL FARM
A farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
FERTILIZER
A fertilizer material, mixed fertilizer or any other substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, which is designed for use or claimed to have value in promoting plant growth, and which is sold, offered for sale, or intended for sale.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. This term shall be used to include any highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PHOSPHORUS FERTILIZER
Any fertilizer that contains phosphorus, expressed as P2O5 with a guaranteed analysis of greater than zero; except that it shall not be considered to include animal (including human) or vegetable manures, agricultural liming materials, or wood ashes that have not been amended to increase their nutrient content.
SOILS TEST
A technical analysis of soil conducted by an accredited soil-testing laboratory following the protocol for such a test established by Rutgers Cooperative Research and Extension.
WATERBODY
A surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
No person may do any of the following:
A. 
Apply fertilizer when a runoff-producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off-site exists.
B. 
Apply fertilizer to an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.
C. 
Apply fertilizer within the buffer of any waterbody.
D. 
Apply fertilizer more than 15 days prior to the start of or at any time after the end of the recognized growing season.
A. 
No person shall apply phosphorus fertilizer in outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.
B. 
Exceptions:
(1) 
Application of phosphorus fertilizer needed for:
(a) 
Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(b) 
Reestablished or repairing a turf area.
(2) 
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soil's surface, directly to the feeder roots.
(3) 
Application of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.
A. 
This article shall be enforced by the City of Trenton Police Department.
B. 
Any person found to be in violation shall be ordered to cease the prohibited activity immediately.
Any person who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $2,000, as stated in Chapter 1, Article III, General Penalty, § 1-17.