[HISTORY: Adopted by Borough Council of the Borough of Medford
Lakes 2-24-2010 by Ord. No. 572. Amendments noted where applicable.]
An ordinance 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.
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. 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. 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.
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, 10 feet in width, adjacent to any water body.
Any person who uses or supervises the use of fertilizer on
a "for hire" basis. Examples of commercial applicators are those who
work for landscapers, tree services, weed control firms, etc.
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 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 during active or intermittent rainfall or when significant
rainfall is forecast for the immediate future.
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, defined as Zone
6b, March 1 to October 15.
E.
No commercial applicator shall apply fertilizer without displaying
an identifying flag issued to each registered commercial applicator
upon registration by the Borough Clerk.
Application of phosphorus fertilizer is prohibited. The Medford
Lakes Country Club will be exempt from the prohibition against the
application of phosphorous fertilizer until January 1, 2011.
No commercial applicator shall act or perform any services as
a contractor or subcontractor within Medford Lakes Borough without
first registering with the Medford Lakes Clerk, as herein provided.
A.
All applications for commercial applicator registration shall be
made in writing to the Medford Lakes Borough Clerk upon forms furnished
by the Borough.
All registrations shall be valid for one calendar year from
January 1 to December 31. The registration fee for the commercial
applicator registration shall be in accordance with the Borough's
Fee Schedule as modified from time to time.[1]
This chapter shall be enforced by the Medford Lakes Police Department
and the Borough Code Enforcement Officer.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
