[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 7-15-2013 by Ord. No. 1059-13. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 97.
Soil removal — See Ch. 205.
Storm sewers — See Ch. 212.
Stormwater control — See Ch. 213.
Trees — See Ch. 234.
Yard waste — See Ch. 250.
Weed control — See Ch. 306.
For the purpose of this chapter, the following terms, phrase, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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.
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 guaranteed analysis of greater than zero; except that it shall not be considered to include animal (including human) or vegetable manures, agricultural liming minerals, 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 prior to March 1 and after October 31 of any year.
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 soil 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) 
Reestablished 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 chapter shall be enforced by the Police Department and the Department of Public Works of the Borough of Old Tappan.
Any person(s) found to be in violation of the provisions of this chapter shall be subject to a fine not to exceed $500.