[HISTORY: Adopted by the Township Committee
of the Township of Boonton 7-14-2008 by Ord. No. 760. Amendments noted where
applicable.]
An ordinance 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 chapter does not apply to fertilizer application
on commercial farms.
A.
Elevated levels of nutrients, particularly phosphorus,
in surface water bodies can result in excessive and accelerated growth
of algae and aquatic plants (eutrophication). Excessive plant growth
can result in diurnal variations and extremes in dissolved oxygen
and pH which, in turn, can be detrimental to aquatic life. As algae
and plant materials die off, the decay process creates a further demand
on dissolved oxygen levels. The presence of excessive plant matter
can also restrict use of the affected water for recreation and water
supply.
B.
While healthy vegetated areas are protective of water
quality by stabilizing soil and filtering precipitation, when fertilizers
are applied to the land surface improperly or in excess of the needs
of target vegetation, nutrients can be transported by means of stormwater
to nearby waterways, contributing to the problematic growth of excessive
aquatic vegetation. Most soils in New Jersey contain sufficient amounts
of phosphorus to support adequate root growth for established turf.
Over time, it is necessary to replenish available phosphorus, but
generally not at the levels commonly applied. Other target vegetation,
such as vegetable gardens and agricultural/horticultural plantings,
will have a great need for phosphorus application, as will the repair
or establishment of new lawns or cover vegetation. A soils test and
fertilizer application recommendation geared to the soil and planting
type is the best means to determine the amount of nutrients to apply.
Timing and placement of fertilizer application is also critical to
avoid transport of nutrients to waterways through stormwater runoff.
Fertilizer applied immediately prior to a runoff-producing rainfall,
outside the growing season or to impervious surfaces is most likely
to be carried away by means of runoff without accomplishing the desired
objective of supporting target vegetation growth. Therefore, the management
of the type, amount and techniques for fertilizer application is necessary
as one tool to protect water resources.
C.
This chapter does not apply to application of fertilizer
on commercial farms but improper application of fertilizer on farms
would be problematic as well. Stewardship on the part of commercial
farmers is needed to address this potential source of excess nutrient
load to water bodies. Commercial farmers are expected to implement
best management practices in accordance with conservation management
plans or resource conservation plans developed for the farm by the
Natural Resource Conservation Service and approved by the Soil Conservation
District Board.
For the purpose of this chapter, the following
terms, phrases, words, and their derivations shall have the meanings
stated herein unless their use in the text of this chapter clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
The land area, 25 feet in width, adjacent to any water body.
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
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.
A surface that has been covered with a layer or 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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any fertilizer that contains phosphorus, expressed as P2 O5, 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.
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.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay or estuary.
No person shall:
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 water body.
D.
Apply fertilizer more than 15 days prior to the start
of or at any time after the end of the recognized growing season.
The growing season is identified as March 1 to November 15.
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:
(2)
Application of phosphorus fertilizer that delivers
liquid or granular fertilizer under the soils surface, directly to
the feeder roots.
(3)
Application of phosphorus fertilizer to residential
container plantings, flowerbeds, or vegetable gardens.
This chapter shall be enforced by the Police
Department, Zoning Official, and the Sanitarian of the Township of
Boonton.
Any person(s) found to be in violation of the provisions of this chapter shall be subject to the penalties set forth in § 1-15 of this Code.