[HISTORY: Adopted by the Township Council of the Township
of Cedar Grove 5-5-2014 by Ord. No. 14-771. Amendments noted where
applicable.]
GENERAL REFERENCES
Sewers — See Ch. 271.
Stormwater management — See Ch. 228.
The purpose of this chapter 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 service
water quality and prevent degradation of the environment. This chapter
does not apply to fertilizer application on commercial farms.
The Township hereby finds and determines that:
A.Â
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.Â
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.Â
This chapter does not apply to application of fertilizer on commercial
farms, but 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 Resources
Conservation Service and approved by the Soil Conservation District
Board.
A.Â
The word "shall" is always mandatory and not merely directory.
B.Â
BUFFER
COMMERCIAL FARM
FERTILIZER
IMPERVIOUS SURFACE
PERSON
PHOSPHOROUS FERTILIZER
SOILS TEST
WATER BODY
For the purpose of this chapter, the following terms, phrases, words,
and their derivations shall have the meanings defined herein unless
otherwise stated:
The land area, 25 feet in width, adjacent to any water body.
However, in situations that warrant additional flexibility—specifically,
where lot sizes are exceptionally small or where the twenty-five-foot
buffer constitutes the majority of the available property—the
required buffer may be reduced to 10 feet in width, with the additional
requirement that a drop spreader be used for fertilizer application.
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
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 the
jurisdiction of this Township.
Any fertilizer that contains phosphorus (P205) 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 testing established by
Rutgers Cooperative Research and Extension.
A collection of or body of surface waters, such as a lake,
river, stream, creek, pond, or any other accumulation of standing
water.
No person may do or cause any of the following to occur:
B.Â
Apply fertilizer to an impervious surface. Fertilizer inadvertently
applied to an impervious surface must be swept or blown back into
the target service or returned to either its original or another appropriate
container for reuse.
C.Â
Apply fertilizer within the buffer of any water body.
D.Â
Apply fertilizer more than 15 days prior to March 1 or anytime after
November 15. March 1 to November 15 shall be recognized as the "growing
season" within which fertilizer may be used.
A.Â
No person may apply phosphorous fertilizer in outdoor areas except
as needed for a soils test for the specific soils and target vegetation
and in accordance with the associated annual fertilizer recommendation
issued by Rutgers Cooperative Research Extension.
B.Â
Exceptions. It shall be permissible for persons to apply phosphorous
fertilizer:
(1)Â
That is needed for:
(a)Â
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; or
(b)Â
Establishing or repairing a turf area in accordance with good
soil practices.
(2)Â
That delivers liquid or granular fertilizer under the soil's
surface, directly to the feeder roots.
(3)Â
To residential container plantings, flowerbeds, or vegetable gardens.
This chapter shall be enforced by the Township Manager's
office, Township Engineer, Police Department, and other representatives
or employees duly designated by the Township of Cedar Grove.
Any person who is found to be in violation of the provisions
of this chapter shall be subject to a fine not to exceed $500 per
violation, with each day or documented act or occurrence to be considered
a separate violation.
