Township of Harding, NJ Chapter 174 Fertilizer Application

[HISTORY: Adopted by the Township Committee of the Township of Harding 8-18-2010 by Ord. No. 14-10 (Ch. 73 of the 1990 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Land use and development — See Ch. 225.

§ 174-1 Purpose.

The purpose of this chapter is to comply with a State of New Jersey requirement that Harding Township manage the outdoor application of fertilizer to reduce the overall amount of excess nutrients entering waterways. These restrictions will help protect and improve surface water quality in the Township, the Great Swamp Watershed, and the Passaic River Basin.

§ 174-2 Exemptions.

This chapter shall not apply to the application of fertilizer on a commercial farm, provided that this exemption shall not apply to residential lawn areas located on farm property.

§ 174-3 Definitions.

The following terms shall have the meanings stated herein unless their use in the text of this chapter clearly indicates a contrary intent:

BUFFER

The land area, 25 feet in width, adjacent to any water body.

COMMERCIAL FARM

Pursuant to P.L. 1998, c. 48 ("Right to Farm"),[1] a commercial farm is a farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48,[2] or a farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48.

FERTILIZER

Any material, substance or mixture 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, including any highway, street, sidewalk, parking lot, driveway, or other material that prevents the infiltration of water into the soil.

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, 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, and any NJDEP-designated wetland.

[1] Editor's Note: See N.J.S.A. 4:1C-1 et seq.

[2] Editor's Note: See N.J.S.A. 54:4-23.1 et seq.

§ 174-4 Restrictions on application of fertilizer.

The application of all fertilizer shall be restricted as follows:

A. No fertilizer shall be applied within the twenty-five-foot buffer of any water body.

B. No fertilizer shall be applied when a runoff-producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off site exists.

C. No fertilizer shall be applied more than 15 days prior to the start of or at any time after the end of the recognized growing season or when the ground is frozen. The growing season for Harding Township is from March 15 through October 31 according to The Standards for Soil Erosion and Sediment Control in New Jersey, July 1999.

D. No fertilizer shall be applied to an impervious surface. Fertilizer inadvertently applied to an impervious surface shall be swept or blown back into the target surface or returned to either its original or another appropriate container.

§ 174-5 Additional restrictions on application of phosphorus fertilizer.

In addition to the above restrictions, no phosphorus fertilizer may be applied in any outdoor area except as follows:

A. Where demonstrated to be necessary 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. Where needed for the initial establishment or repair of vegetation or turf (e.g., after land disturbance) provided the application is in accordance with the requirements of the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.

C. Where the application delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.

D. Where needed for the application of fertilizer to residential container plantings, flowerbeds, shrubbery, vegetable gardens, specimen trees, and fruit trees.

§ 174-6 Enforcement; violations and penalties.

This chapter shall be enforced by a Township official(s) designated by resolution of the Township Committee. Any person or other entity found to be in violation of the provisions of this chapter shall, for the first offense, receive a warning and, for any subsequent offense, shall be subject to a fine not to exceed $500 for each offense.