[HISTORY: Adopted by the Council of the Borough of Fair Lawn 9-8-2009 by Ord. No.
2164-2009. Amendments noted where applicable.]
The following words and terms, when used in this chapter, shall
have the following meanings:
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, 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 phosphorous, 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 for the Borough
which is March 1 to November 15.
No person may do the following:
A.
Apply phosphorous 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 phosphorous fertilizer needed for:
(2)
Application of phosphorous fertilizer that delivers liquid or granular
fertilizer under the soils surface, directly to the feeder roots.
(3)
Application of phosphorous fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
This chapter shall be enforced by either or both the Health
Officer and by the Code Enforcement Officer, both of whom shall be
authorized to delegate enforcement of this chapter to the Assistant
Code Enforcement Officer/Property Maintenance Officer of the Borough
of Fair Lawn.
Any person(s) found to be in violation of the provisions of
this chapter shall be subject to a fine not to exceed $100.
