This article regulates 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
article does not apply to fertilizer application on commercial farms.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article 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.
BUFFER
The land area, 25 feet in width, adjacent to any water body.
However, this buffer may be reduced to 15 feet if a drop spreader
is used for fertilizer application.
COMMERCIAL FARM
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
FERTILIZER
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.
IMPERVIOUS SURFACE
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.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
PHOSPHORUS FERTILIZER
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.
SOILS TEST
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.
WATER BODY
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 at any
time after the end of the recognized growing season applicable to
the Borough of Haledon (Zone 6b) of 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 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 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)
Re-establishing or repairing a turf area.
(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 article shall be enforced by the Police Department, Zoning
Officer, Building Inspector and Housing Maintenance Officer of the
Borough of Haledon.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to penalties as set forth in §
346-19 of the Code of the Borough of Haledon for each violation. For the purposes of Article
VIII of this chapter a violation not cured within 30 days may be considered a subsequent violation.