[HISTORY: Adopted by the Township Committee
of the Township of Montville 7-8-2008 by Ord. No. 2008-30. Amendments noted
where applicable.]
A.
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.
B.
BUFFER
COMMERCIAL FARM
FERTILIZER
IMPERVIOUS SURFACE
PERSON
PHOSPHORUS FERTILIZER
SOILS TEST
WATER BODY
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:
The land area, 25 feet in width, adjacent to any water body,
except that the buffer may be reduced to 10 feet in width, provided
that a drop spreader is used for fertilizer application.
[Amended 6-9-2009 by Ord. No. 2009-16]
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 (March
15 to October 31).
A.
No person may do the following:
(1)
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 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)
Reestablished 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
Township officials.
