[HISTORY: Adopted by the Municipal Council of the Borough
of Hawthorne 8-18-2010 by Ord. No. 2024-10. Amendments noted
where applicable.]
Elevated levels of nutrients, particularly phosphorus, in surface
water bodies can result in excess and accelerated algae and plant
growth (eutrophication) detrimental to aquatic life and use of water
for recreation and water supply. Improperly or excessively applied
fertilizers, transported to waterways, contribute to the problematic
algae and plant growth. As such, the management of the type, amount,
timing and technique for fertilizer application is necessary as one
tool to protect water resources.
As used in this chapter, the following terms shall have the
meanings indicated:
The land area, 25 feet in width in commercial zones and 10
feet in residential zones.
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 fertilize 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 the buffer of any water body.
D.
Apply fertilizer more than 15 days prior to the start of or any time
after the end of the recognized growing season, from March 1 to November
15.
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 associates annual fertilizer recommendation
issued by 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 soil's 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 any member of the Police Department
or the Property Maintenance Officer of the Borough of Hawthorne.
Any person(s) found to be in violation of the provisions of
this chapter shall be subject to a fine not to exceed $100.
