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.
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.
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"), 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, 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.
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.
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.
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.