[HISTORY: Adopted by the City Council of the City of Garfield 6-12-2007
by Ord. No. 2495. Amendments noted where applicable.]
A chapter to regulate the outdoor application of fertilizer so as to
reduce the overall amount of excess nutrients entering waterwys, 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 greater 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 and 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 10 feet in width, adjacent to any water body. A drop
spreader must be used for fertilizer application.
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 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.
Any individual, corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
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.
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 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 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 as identified
by the USDA Plant Hardiness Zones.
No person may do the following:
A.
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 soil's 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 and the Building
Department of the City of Garfield.
