Borough of Stanhope, NJ Chapter 83 Fertilizers, Lawn

[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope 8-29-2000 by Ord. No. 2000-7. Former Ch. 83, Fire Prevention, adopted 6-24-1963 by Ord. No. 1963-5, as amended, was repealed 8-13-1985 by Ord. No. 1985-15. See Ch. 84, Fire Prevention. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 82.

§ 83-1 Statement of purpose.

It has been determined that the use of fertilizers containing phosphorus, and their eventual presence in stormwater runoff, constitutes a threat to the water quality of the Borough of Stanhope, which is inimical to the general welfare. It is the purpose of this chapter to decrease the use in the borough of fertilizer containing phosphorus.

§ 83-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COMMERCIAL FERTILIZER APPLICATOR

Any person, landscaper, firm, corporation or franchise in the business of applying lawn fertilizers on property in the Borough of Stanhope.

LAWN FERTILIZER

Any substance used to increase soil fertility which contains phosphorus exceeding 0.5% expressed as P205 on a dry basis.

§ 83-3 Prohibited conduct by commercial applicators.

A. No commercial fertilizer applicator shall apply lawn fertilizers within the Borough of Stanhope which contain phosphorus exceeding 0.5% expressed as P205 on a dry basis.

B. No commercial fertilizer applicator shall apply lawn fertilizer within the Borough of Stanhope unless first having obtained a license in accordance with § 83-5 of this chapter.

C. Lawn fertilizer shall not be applied when the ground is frozen.

D. Lawn fertilizer applications shall not be made within 10 feet of any wetland or natural body of water.

§ 83-4 Exemption.

Newly established turf areas shall be exempt from the provisions of this chapter for the first growing season.

§ 83-5 License required.

A. Commercial fertilizer applicators shall not apply fertilizers to lawns within the Borough of Stanhope unless a license has been obtained from the Borough Clerk.

B. Applications for a commercial lawn fertilizer applicator license shall be submitted to the Borough Clerk. The application shall consist of the following:

(1) Name, address and telephone number of the applicant and any individual authorized to represent the applicant.

(2) Description of lawn fertilizer formula proposed to be applied within the borough.

(3) A copy of the formula for fertilizer mixtures meeting the limitations of § 83-3A of this chapter to be applied within the borough shall be submitted, along with the initial application for a license, and thereafter, at least 30 days before fertilizer composition changes are implemented.

(4) An annual fee shall be set forth in Chapter 82 of the Code of the Borough of Stanhope and shall not be prorated. The license shall expire on the 31st day of December.

§ 83-6 Violations and penalties.

Any commercial lawn fertilizer applicator violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days, or any combination thereof.