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.
BUFFER
The land area, 25 feet in width, adjacent to any water body.
COMMERCIAL 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.
WATER BODY
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 (March
15 to October 31).
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:
(a)
Establishing vegetation for the first time,
such as after land disturbance, provided that 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; or
(b)
Reestablishing 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.
This chapter may be enforced by police or other
Borough officials.
Any person(s) found to be in violation of the
provisions of this chapter shall be subject to a fine not to exceed
$500.