[HISTORY: Article I adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven as indicated in
article histories. Subsequent articles adopted by the Borough of Beach
Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-14-2010 by Ord. No. 2010-14]
A.
The Council of the Borough of Beach Haven desiring
to promote and regulate matters which benefit the health, safety and
welfare of the citizens of the community are aware of numerous scientific
reports which have demonstrated that the improper and excessive application
of fertilizers and fertilizer products may have an adverse impact
on surface waters and groundwaters. The United States Environmental
Protection Agency, the State of New Jersey Department of Environmental
Protection and numerous environmental organizations have recognized
that one of the major factors which are detrimentally impacting the
bays, lagoons, estuaries, marshes, wetlands, fish nurseries and groundwater
on and surrounding Beach Haven is nonpoint source pollution. The same
groups have determined that the sources of nonpoint pollution include
among other things the runoff of chemicals and related substances
originating from the improper application of fertilizers.
[Amended 9-13-2010 by Ord. No. 2010-20]
B.
The Council of the Borough of Beach Haven is aware that the geological
compositions of the soils in Beach Haven consist primarily of sand
and sandy soil which have little ability to remove nitrates, phosphates,
nutrients and other common ingredients found in chemical fertilizers.
The Borough Council is also aware that common fertilizers which are
readily available in retail stores are regularly applied on residential
and commercial properties throughout Beach Haven by property owners
and landscapers. The Council is further aware that there are no federal,
state, county or local laws regulating or restricting the application
of such products.
[Amended 9-13-2010 by Ord. No. 2010-20]
C.
It is accepted by the scientific community that excess phosphorous,
a common element in many chemical fertilizers, entering into the waterways
surrounding Beach Haven may cause accelerated growth of algae and
other aquatic vegetation which may interfere with the naturally occurring
aquatic life in such waterways, recreational use thereof, fisheries
and aquaculture. The accelerated algae growth and aquatic vegetation
has been shown to have a detrimental effect on the waterways through,
inter alia, oxygen depletion and temperature increase and that these
detrimental impacts threaten individual animal species and may cause
a reduction in the diversity of life living in the waters.
D.
A continuation or exacerbation of the above noted adverse impacts
which may be traced to improper fertilizer application have significant
potential to cause detrimental impact on the economy of Beach Haven
and further cause potential risks to the health, safety and welfare
of the citizens of Beach Haven. As a result of the foregoing, the Council
of the Borough of Beach Haven believes that it is desirable that the
Borough enact an ordinance which will restrict the improper application
of fertilizer products and also advise the public and landscaping
operators who perform services in the Borough of the proper timing
and methods for fertilizer application.
[Amended 9-13-2010 by Ord. No. 2010-20]
As used in this article, the following terms shall have the
meanings indicated:
Any person who applies fertilizer products to soils or turf.
A material containing one or more recognized plant nutrients,
which is used for its plant nutrient content, and that is designed
for use or claimed to have value in promoting plant growth, and which
is offered for sale or intended for sale.
Surface covering the natural earth, which covering inhibits
water percolation into the natural earth, thereby causing surface
water to drain off the site of the surface covering rather than be
absorbed into the soil constituting the lot upon which the surface
covering is placed.
A person or business that, in exchange for pay, goods, services
or other considerations, applies fertilizer to soils or turf.
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
manipulated animal, vegetable manures, biosolid fertilizers, agricultural
liming materials or wood ashes that have not been modified to increase
their nutrient content. The phosphorous percentage in a fertilizer
product is included on the packaging, which contains three numbers
(e.g., 26-0-3), with the phosphorous percentage as the middle number.
A zero in the middle means no phosphorous, while a "2" or a "3" means
low phosphorous.
A technical analysis of soil conducted by an accredited soil
testing laboratory.
The Atlantic Ocean, Barnegat Bay, Great Bay, Manahawkin Bay,
and Little Egg Harbor Bay as well as the various lagoons, canals and
estuaries entering any of the foregoing.
The following conduct shall be prohibited within the Borough
of Beach Haven:
A.
The application of fertilizer to an impervious surface. Fertilizer
inadvertently applied to an impervious surface must be immediately
swept into the target surface or returned to its original container
or another appropriate container for reuse or disposal. Failure to
provide and undertake immediate cleanup as is herein required shall
be prohibited conduct.
B.
The application of fertilizer between December 15 and February 15
or if the ground is frozen.
C.
The deposit of grass clippings, leaves or other vegetative debris
into water bodies, retention or detention areas, drainage ditches
or stormwater drains, or onto impervious surfaces except during scheduled
cleanup programs.
D.
The application of fertilizer in excess of the manufacturer's
recommended rate.
E.
The application of any phosphorous fertilizer except as demonstrated
by a need for specific soils in accordance with a soil test and the
associated annual fertilizer recommendation issued by the Rutgers
Cooperative Research and Extension.
F.
Application of fertilizer within 24 hours of any rainfall consisting
of one-half inch of rain or more within a single twenty-four-hour
period.
The following uses and applications of phosphorous fertilizers
shall be and are hereby permitted:
A.
Where vegetation is being established upon initial planting, such
as where the virgin soil has been disturbed, provided that the application
is made in accordance with the requirements established under the
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and
any regulations lawfully adopted pursuant thereto.
B.
The reestablishment or repair of turf after substantial damage has
occurred thereto.
C.
Applying phosphorous fertilizer that delivers liquid or granular
fertilizer under the surface of the soil directly to the feeder roots
of the vegetation being fertilized.
D.
Application of phosphorous fertilizer to residential container plantings,
flowerbeds and vegetable gardens.
E.
Application of phosphorous fertilizers on the sand dunes along the
oceanfront in the area between the building line and the easterly
toe of the dune shall be permitted since experience has proven that
high phosphorous fertilizer is necessary to encourage luxuriant growth
of natural dune grass and such growth has been proven to be effective
in stabilization of Long Beach Island's protective dunes.
The following guidelines are recommended for use by applicators:
