[HISTORY: Adopted by the Mayor and Council of the Borough
of Totowa 8-25-2009 by Ord. No. 08-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater control — See Ch. 352.
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. This chapter does not apply to fertilizer application
on commercial farms.
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.
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 fertilization 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 application of fertilizer on commercial
farms but improper application of fertilizer on farms would be problematic
as well. Stewardship on the part of the commercial farmers is needed
to address the potential source of excess nutrient load to water bodies.
Commercial farmers are expected to implement nest management practices
in accordance with conservation management plans or resource conservation
plans developed 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 derivatives 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, 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 the soil content conducted by an
accredited soil-testing laboratory following the protocol for such
a test established by the 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 an any
time after the end of the recognized growing season from March 15
to October 31.
No person may do the following:
A.
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 the Rutgers Cooperative Research and Extension.
B.
Exceptions:
(1)
Application of phosphorus fertilizer needed for:
(2)
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soils surface, 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 Borough of Totowa Construction
Code Official, Property Maintenance Officer and/or his designee.
Any person who violates any of the provisions of this chapter,
shall upon conviction, be punished by a fine not to exceed $2,000
for each offense or by imprisonment for a term not to exceed 90 days,
or a requirement of community service not to exceed 90 days. A separate
offense shall be deemed committed on the day on which a violation
occurs and each day the violation continues to occur.
