[Added 6-13-2011 by Ord.
No. 9-0-11]
The purpose of this article 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 article 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 fertilizer 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 article
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 commercial farmers is needed to address
this potential source of excess nutrient load to water bodies. Commercial
farmers are expected to implement best management practices in accordance
with conservation management plans or resource conservation plans
developed for the farm by the Natural Resource Conservation Service
and approved by the Soil Conservation District Board.
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.
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 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 at any time after the end
of the recognized growing season which is 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
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 that 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)
Reestablishing or repairing a turf area.
(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 article shall be enforced by the Police Department, Property
Maintenance Officer, Health Officer, or any designee.
Any person(s) found to be in violation of the provisions of
this article shall be subject to a fine not to exceed $1,000.
