[HISTORY: Adopted by the Borough Council of the Borough of
Florham Park 6-15-2010 by Ord. No. 10-11. Amendments noted where
applicable.]
A.
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.
B.
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,
thereby 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. 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 soil 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.
C.
This chapter does not apply to the 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.
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.
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 a twenty-five-foot 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 Zone 6a, as
identified on the USDA Plant Hardiness Zone Map, which recognizes
the Borough's growing season to be from 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 and 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 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;
(b)
Reestablishing or repairing a turf area.
(2)
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the surface of the soil, directly to the feeder roots.
(3)
Application of phosphorus fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
This chapter shall be enforced by the Zoning Enforcement Officer
of the Borough of Florham Park.
Any person(s) found to be in violation of the provisions of
this chapter shall be subject to a fine not to exceed $1,250.
