This chapter is adopted by the Town of Eastham's Board
of Health as authorized by MGL c. 111, § 31, and is further
authorized as implementing regulations pursuant to the Fertilizer
Management District of Critical Planning Concern designation, Barnstable
County Ordinance 13-07, and by Section 9 of Chapter 262 of the Acts
of 2012.
For the purposes of this chapter, the following words shall
have the following meanings unless the context clearly indicates a
different meaning:
AGRICULTURE/AGRICULTURAL USE
Farming in all of its branches including the cultivation
and tillage of the soil, the production, cultivation, growing, and
harvesting of any agricultural, floricultural or horticultural commodities,
including but not limited to cranberries.
BEST MANAGEMENT PRACTICE (BMP)
A sequence of activities designed to limit a nonpoint pollution
source as conforming to 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.
COMPOST
The biologically stable humus-like material derived from
composting, or the aerobic, thermophilic decomposition of, organic
matter, which is applied as a fertility source (also referred to as
enhancement or conditioning) for turf.
EASTHAM
The Town and all of its waters.
FERTILIZER
A substance that enriches turf with elements essential for
plant growth, such as nitrogen, phosphorus, or other substances; "fertilizer"
hereunder does not include dolomite, limestone, or lime, grass clippings,
compost or compost tea.
GROUNDWATER
Water found in cracks, fissures and pore spaces in the saturated
zone below the ground surface, including but not limited to perched
groundwater.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water,
except for compacted areas on athletic fields such as clay or baseball
infields, intensely trafficked turf and the like.
LANDSCAPING
For purposes of this chapter, establishment (including by
sod, seeding, or transplanting), renovation, maintenance, management
or fertilization of turf.
NUTRIENT
Any of the following 17 elements needed for growth of a plant;
the three nonmineral elements: carbon, hydrogen, and oxygen; the six
macronutrients: nitrogen, phosphorus, potassium, calcium, magnesium,
and sulfur; and the eight micronutrients: boron, copper, iron, chloride,
manganese, molybdenum, nickel and zinc.
SOIL
The uppermost layer of the earth's surface, comprised
of mineral and organic matter, which can host biological communities.
SOIL TEST
A technical analysis of soil conducted by a soil testing
laboratory that uses standards recommended by and compliant with the
University of Massachusetts Amherst Extension Program BMPs, including
a Modified Morgan soil testing procedure and extractable nutrient
values.
TURF
Grass-covered soil held together by the roots of the grass,
also known as "sod" or "lawn."
WATERS or WATER
Bodies include, but are not limited to, streams, including
intermittent streams, creeks, rivers, freshwater and tidal wetlands,
ponds, lakes, marine waters, canals, lagoons, and estuaries within
the Town, including without limitation all waters defined in MGL c.
131, § 40 and Town Wetland bylaw or regulation with the
exception of the following: coastal and inland banks, beaches, coastal
dunes, dune fields, and lands subject to coastal storm flowage, inland
or coastal flooding or inundation, or within 100 feet of the 100-year
storm line.
If any provision of this regulation is declared invalid by a
court of competent jurisdiction, such invalidity shall not affect
any remaining provisions of this regulation. Any part of these regulations
subsequently invalidated by a new state law or modification of an
existing state law shall automatically be brought into conformity
with the new or amended law and shall be deemed to be effective immediately.