[HISTORY: Adopted by the Township Committee of the Township
of Hanover 11-12-2009 by Ord. No. 20-09. Amendments noted where
applicable.]
A.
The purpose of this chapter is to regulate the outdoor application
of fertilizer so as to reduce the overall amount of excess nutrients
entering waterways, thereby helping to protect and improve surface
water quality.
B.
Elevated levels of nutrients, particularly phosphorus, in surface
water bodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive plant growth can result
in diurnal variations and extremes in dissolved oxygen and pH, which,
in turn, can be detrimental to aquatic life. As algae and plant materials
die off, the decay process creates a further demand on dissolved oxygen
levels. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply.
C.
While healthy vegetated areas are protective of water quality by
stabilizing soil and filtering precipitation, when fertilizers are
applied to the land surface improperly or in excess of the needs of
target vegetation, nutrients can be transported by means of stormwater
to nearby waterways, contributing to the problematic growth of excessive
aquatic vegetation. Most soils in New Jersey contain sufficient amounts
of phosphorus to support adequate root growth for established turf.
Over time, it is necessary to replenish available phosphorus, but
generally not at the levels commonly applied.
D.
Other target vegetation, such as vegetable gardens and agricultural/horticultural
plantings, will have a greater need for phosphorus application, as
will the repair or establishment of new lawns or cover vegetation.
A soils test and fertilizer application recommendation geared to the
soil and planting type is the best means to determine the amount of
nutrients to apply. Timing and placement of fertilizer application
is also critical to avoid transport of nutrients to waterways through
stormwater runoff. Fertilizer applied immediately prior to a runoff-producing
rainfall, outside the growing season or to impervious surfaces is
most likely to be carried away by means of runoff without accomplishing
the desired objective of supporting target vegetation growth. Therefore,
the management of the type, amount and techniques for fertilizer application
is necessary as one tool to protect water resources.
A.
This chapter applies to all persons subject to the Township's jurisdiction,
unless specifically exempted herein.
B.
This chapter does not apply to application of fertilizer on commercial
farms, but improper application of fertilizer on farms would be problematic
as well. Stewardship on the part of commercial farmers is needed to
address this potential source of excess nutrient load to water bodies.
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.
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 adjacent to any water body and within which
the application of fertilizer is regulated by this chapter. Buffers
have a width of 25 feet on each side of the water body unless the
width is reduced in accordance with the provisions of this chapter.
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 or greatly reduces 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. Fertilizer is typically
packaged and sold with a label utilizing a number system that identifies
the three primary plant nutrients, nitrogen, phosphorus and potassium,
in that order. Thus, in a fertilizer with a 10-6-4 analysis, the phosphorus
value is six and such a fertilizer is defined as a phosphorus fertilizer,
whereas in a fertilizer with a 20-0-3 analysis, the phosphorus value
is zero and such a fertilizer is not defined as a phosphorus fertilizer.
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 Service.
A surface water feature, such as a lake, river, stream, creek,
pond or lagoon.
No person may do any of the following, unless exempted by § 126-5.
A.
Apply any fertilizer when a runoff-producing rainfall is occurring
or predicted to occur and/or when soils are saturated and a potential
for fertilizer movement off site exists.
B.
Apply any 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 any fertilizer within the required buffer adjacent to any water body. The required buffer has a width of 25 feet, unless a reduction in the buffer width is obtained pursuant to § 126-6.
D.
Apply any fertilizer during the months of November, December, January
or February.
E.
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 Service. For contact information on obtaining assistance, refer to § 126-7.
The following activities shall be exempted from the prohibitions in § 126-4:
A.
The application of phosphorus fertilizer needed for establishing
or repairing vegetation, such as after land disturbance, provided
the fertilizer is only applied to the area being reestablished or
repaired and further provided that the fertilizer 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.
B.
The application of phosphorus fertilizer that delivers liquid or
granular fertilizer under the soils surface, directly to the feeder
roots.
C.
The application of phosphorus fertilizer to residential container
plantings, flowerbeds, or vegetable gardens.
A.
Notwithstanding the prohibition in § 126-4C, in situations that warrant additional flexibility, such as where lot sizes are exceptionally small or where the required buffer constitutes the majority of the available property, the Township shall consider appeals for limited relief from the strict buffer width requirements.
B.
Appeals for relief shall be filed with the Township Engineer. The
appeal shall include a description of the basis for the appeal, a
current survey of the subject property and the location of any water
body located on or within 25 feet of the subject property.
C.
If the Township Engineer determines that the circumstances in § 126-6A have been demonstrated and that a reduction in the buffer width will not substantially impair the purposes of this chapter as set forth in § 126-1, the Township Engineer may authorize a reduction in the width of the buffer, provided that the following limitations shall apply to any relief that may be granted:
(1)
The amount of the reduction in the required buffer width shall be
determined by the Township Engineer based upon the specific circumstances
affecting the subject property; provided, however, that no buffer
shall be reduced to less than 10 feet in width.
(2)
Any relief that may be granted shall include as a condition that:
A.
The Morris County Cooperative Extension is useful for obtaining assistance
in soil testing for fertilizer needs and for obtaining answers to
general questions on the application of fertilizer. Contact information
is provided below:
(1)
Mailing address:
|
Cooperative Extension of Morris County
|
|
Rutgers New Jersey Agricultural Experiment Station
|
|
P.O. Box 900
|
|
Morristown, New Jersey 07963-0900
|
(2)
Site address:
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County Building 550
|
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West Hanover Avenue
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Morristown, New Jersey 07960
|
(3)
Web site: morris.njaes.rutgers.edu.
(4)
Phone number: 973-285-8300.
(5)
Fax number: 973-605-8195.
B.
For information concerning specific provisions of this chapter, interested
parties should contact the Township's Engineering Department.
A.
This chapter shall be enforced by the Building Department's Property
Maintenance Officer, Engineering Department, Health Department and/or
Police Department of the Township of Hanover, acting jointly or separately.
When any of said persons or agencies believe or have reason to believe
that a violation of the provisions of this chapter exists, either
by complaint or from personal knowledge or observation, they shall
make or cause to be made inspections and/or investigations to determine
whether or not a violation has in fact occurred.
B.
If upon investigation there are reasonable grounds to believe that
a violation exists, the enforcement agency or person may either serve
a warning notice, in the case of first time offenses for minor violations,
or file a complaint in the Municipal Court. If a complaint is filed,
notice of the violation shall be served.
C.
Warning notices and notices of violations shall be served upon the
owner of record by certified mail to his/her last known address or,
if the letter with the copy is returned, showing that it has not been
delivered to him/her, by posting a copy thereof in a conspicuous place
in or about the structure affected by the notice. Such notice shall:
D.
Every violation of any provision of this chapter shall, upon conviction,
be punishable by a fine of not more than $1,000.
