[HISTORY: Adopted by the Township Council of the Township
of Stafford 12-15-2009 by Ord. No. 2009-50. Amendments noted
where applicable.]
The purpose of this chapter is to regulate the outdoor application
of fertilizer products so as to reduce the overall amount of excess
nutrients from fertilizers entering waterways, thereby helping to
protect and improve surface water and groundwater quality. This chapter
is further intended to establish a procedure to educate the public
and landscapers on the proper application of fertilizers.
For the purposes of this chapter the following terms shall have
the meanings stated herein. The word "shall" is always mandatory and
not merely directory.
Any person who applies fertilizer products to soils or turf.
The land area, 25 feet in width, adjacent to any water body.
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, and that 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 compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
This term shall include any highway, street, sidewalk, parking lot,
driveway or other location that prevents infiltration of water into
the soil.
A person or business that, in exchange for pay, goods, services
or other consideration, applies fertilizer products to soil or turf.
Any fertilizer that contains phosphorous, expressed as P2O5, with a guaranteed analysis
of greater than zero, except that it shall not be considered to include
animal or vegetable manures, agricultural liming materials or wood
ashes that have not been amended to increase their nutrient content.
The phosphorous percentage in a fertilizer product is included on
the packaging, which contains three numbers (e.g., "26-0-3"), with
the phosphorous percentage as the middle number. A zero in the middle
means no phosphorous, while a "2" or a "3" means low phosphorous.
A technical analysis of soil conducted by an accredited soil-testing
laboratory following the protocol for such a test established by the
Rutgers Cooperative Research and Extension.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay, canal, estuary and any marine waters.
Applicators shall be prohibited from engaging in any of the
following activities:
A.
The application of fertilizer to an impervious surface. Fertilizer
inadvertently applied to an impervious surface must be immediately
swept or blown back into the target surface or returned to its original
container or another appropriate container for reuse or disposal.
B.
The application of fertilizer between December 15 and February 15
or if the ground is frozen.
C.
The deposit of grass clippings, leaves or other vegetative debris
into water bodies, retention or detention areas, drainage ditches
or stormwater drains, or onto impervious surfaces, except during scheduled
cleanup programs.
D.
The use or application of fertilizer within any of Stafford Township's
Wellhead Protection Overlay Zones.
E.
The application of fertilizer in excess of the manufacturer's
recommended rate.
F.
The application of any phosphorous fertilizer, except as demonstrated
by a need for specific soils in accordance with a soil test and the
associated annual fertilizer recommendation issued by the Rutgers
Cooperative Research and Extension.
The following activities shall be exempt from § 105-3 of this chapter:
A.
The application of fertilizer on commercial farms, although 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.
B.
The application of any phosphorous fertilizer when:
(1)
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
(2)
Reestablishing or repairing turf after substantial damage; or
(3)
Applying phosphorus fertilizer that delivers liquid or granular fertilizer
under the soil's surface, directly to the feeder roots; or
(4)
Applying phosphorus fertilizer to residential container plantings,
flowerbeds or vegetable gardens.
C.
The application of fertilizer products on a golf course, a park or
recreation area, when implemented in accordance with the terms of
a turf management program that has been submitted to and approved
by the Township, which shall be required on an annual basis, and which
shall include the application of fertilizer on the property by a landscape
professional.
The following guidelines are recommended for use by any applicator.
A.
Drop spreaders, rather than broadcast spreaders or other type spreaders,
are recommended for use when applying fertilizer.
B.
Fertilizers should not be applied within 24 hours of any substantial
rainfall, consisting of any storm generating 1/2 inch of rain or more
within a twenty-four-hour period.
C.
The Township recommends that grass clippings remain on lawns wherever
possible to promote water conservation. In those instances where leaving
grass clippings on lawns is impractical, all excess grass clippings
should be removed within eight hours of mowing due to high phosphorous,
nitrate and nutrient content in grass clippings that will act as a
fertilizer if permitted to enter waterways. All grass clippings and
organic material shall be removed from impervious surfaces.
D.
Only nitrogen-based fertilizers in slow-release formulas should be
used absent a documented need for other fertilizer types.
E.
Soil testing should be conducted once every three years to determine
which nutrients, if any, are necessary before any fertilizers are
applied. The County of Ocean provides soil testing services at no
charge or a minimal charge.
F.
Fertilizers should be applied, if at all, no more than four times
per year on a single parcel of property.
G.
Fertilizer should not be applied to areas within the twenty-five-foot
buffer of any water body.
A.
All landscape professionals who apply fertilizer to property in the
Township shall be required to complete an educational course that
is offered by Stafford Township, Department of Public Works, on the
proper application of fertilizer, by January 1, 2011. The course shall
be offered on a regular basis as established by the Department of
Public Works, but not less than once per month, at a cost of $20 for
each landscape professional. The course shall take approximately one
hour to complete. Members of the public shall also be permitted to
attend any course session free of charge. The Department of Public
Works shall publicly post a schedule of course sessions, including
times and dates.
B.
A landscape professional with more than one employee may designate
a person to serve as the business's "certified fertilizer applicator,"
which person shall complete the Fertilizer Education Course. Any employee
of a landscape professional who applies fertilizer must work under
the direct supervision of a certified fertilizer applicator, who shall
be responsible for the compliance of the landscape professional and
its employees with the provisions of this chapter.
C.
Upon completion, each landscape professional who attends and completes
the Fertilizer Education Course shall be provided with a certificate
of completion and a sticker to be placed upon vehicles used by the
landscape professional to document the successful completion of the
course.
This chapter shall be enforced by the Stafford Township Code
Enforcement Officer.
A.
Any person found to be in violation of any provision of this chapter
shall be issued a written warning by the Code Enforcement Officer.
After the issuance of three written warnings to an applicator, the
Code Enforcement Officer shall issue a summons, which shall subject
the violator to a fine not to exceed $100.
B.
Any landscape professional who fails to successfully complete the Fertilizer Education Course as set forth in § 105-6 herein by January 1, 2011, shall not be permitted to apply fertilizer to properties in Stafford Township. Any violation of the terms of this chapter shall subject a landscape professional to a fine not to exceed $1,000.