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Village of Ridgewood, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of Ridgewood 7-8-2009 by Ord. No. 3200. Amendments noted where applicable.]
Landscapes and landscaping — See Ch. 186.
Stormwater management — See Ch. 190, § 190-83.
Environmental provisions — See Ch. 190, § 190-120.
Soil removal — See Ch. 246.
Water — See Ch. 269.
Yard waste — See Ch. 275.
An ordinance to regulate the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering the Village's various waterways, thereby helping to protect and improve surface water quality. This chapter is part of the Village of Ridgewood's requirements for compliance with requirements of the Tier A municipal stormwater general permit NJPDES Permit No. NJG0152170.
The Village Council of the Village of Ridgewood finds that the regulation of fertilizer application in the Village will assist in reducing elevated levels of nutrients, particularly phosphorus, in surface water bodies which can result in excess and accelerated growth of algae and aquatic plants (eutrophication) in the receiving bodies of water. Excess plant growth can result in diurnal variations and extremes in dissolved oxygen and pH levels, which, in turn, can be detrimental to aquatic life. The presence of excessive plant matter can also restrict use of the affected water for recreation and water supply. This chapter provides a means to regulate fertilizer application and to prescribe penalties for the failure to comply.
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.
The land area, minimum of 10 feet in width, for properties in the R-1, R-2, and R-125 Zoning Districts of the Village, adjacent to any water body.
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.
Any street, highway, parking lot, sidewalk, driveway, avenue, boulevard, road, parkway, viaduct, drive, or other way which has been covered with a layer of material so that it is highly resistant to infiltration by water. An impervious surface shall also mean any material that prevents the infiltration of water into the soil.
Any individual, property owner, corporation, company, partnership, firm, association or political subdivision of the State of New Jersey subject to the municipal jurisdiction of the Village of Ridgewood.
Any fertilizer that contains phosphorus, expressed as P205, 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.
Any surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
No person, entity, business or commercial venture, or organization may perform the following:
Apply fertilizer when a runoff-producing rainfall event is occurring or predicted and/or when soils are saturated and a potential for fertilizer migration off site exists.
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, properly labeled container for reuse.
Apply fertilizer within the established buffer of any water body in the Village of Ridgewood.
Apply fertilizer more than 15 calendar days prior to the start of or at any time after the end of the recognized growing season. According to the United States Department of Agriculture (USDA) Plant Hardiness Zone Maps, available in the Standards for Soil Erosion and Sediment Control in New Jersey, July 1999 edition, the Village of Ridgewood shall be considered in Growing Season Zone 6b, with the effective dates of March 1 to November 15 of each year.
Apply fertilizer to any property or portion of a property that is within stream buffer corridor by any means other than a drop spreader or low-pressure hand-applied liquid fertilizer, with the discharging nozzle held vertically no more then three feet above the vegetation being fertilized.
No person, entity, business or commercial venture, or organization may perform the following:
Apply phosphorus containing fertilizer in an outdoor area, except as demonstrated to be needed for the specific soils and target vegetation in accordance with a laboratory analysis of the soil and the associated annual fertilizer recommendation issued by the Rutgers Cooperative Research and Extension service.
Permitted exceptions.
Application of phosphorus fertilizer needed for:
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;
Establishing vegetation after a project that has been issued a Village of Ridgewood site grading permit in accordance with Ordinance No. 3035 has been completed;
Reestablishing or repairing a turf area.
This chapter shall be enforced by the Village of Ridgewood Police Department and/or the Director of the Department of Public Works and/or his/her designated representative and/or the Village of Ridgewood designated property maintenance enforcing agent.
Any person, property owner, agent of a property owner, landscaper, commercial entity, organization or such found to be in violation of the provisions of this chapter shall be subject to a minimum fine of $100 per violation, not to exceed $2,000.