This chapter is adopted as implementing regulations pursuant to and as authorized by the Fertilizer Management District of Critical Planning Concern designation, Barnstable County Ordinance 13-07, and by Section 9 of Chapter 262 of the Acts of 2012.
For the purposes of this chapter, the following words shall have the following meanings unless the context clearly indicates a different meaning:
AGRICULTURE/AGRICULTURAL USE Farming in all of its branches, including the cultivation and tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural, floricultural or horticultural commodities, including but not limited to cranberries.
BEST MANAGEMENT PRACTICES (BMP) A sequence of activities designed to limit a nonpoint pollution source. For the purposes of this chapter and pursuant to §
78-5A of this chapter, "BMP" means the edition of Best Management Practices for Soil and Nutrient Management in Turf Systems, prepared by the University of Massachusetts Extension, Center for Agriculture, Turf Program in effect on September 18, 2014.
CERTIFIED FERTILIZER APPLICATOR An applicator certified in the manner prescribed hereunder to apply fertilizer and manage turf in conformance with the BMP.
COMBINATION PRODUCTS Sometimes known as "weed and feed," means any product that, in combination with fertilizer, contains pre- or post-emergence herbicides, insecticides, other pesticides or plant growth regulators.
COMPOST The biologically stable humus-like material derived from composting, or the aerobic, thermophilic decomposition of organic matter, which is used as a fertility source for turf.
FERTILIZER A substance that enriches turf with elements essential for plant growth, such as nitrogen, phosphorus, or other substances; fertilizer hereunder does not include dolomite, limestone, or lime, grass clippings, or compost/compost tea. "Fertilize, fertilizing, or fertilization" means the act of applying fertilizer to turf.
IMPERVIOUS SURFACE A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, except for compacted areas on athletic fields, such as clay or baseball infields, intensely trafficked turf and the like.
LANDSCAPE PROFESSIONAL A person, either as a sole proprietor or as part of a company, who, in exchange for money, goods, services, or other consideration, performs landscaping services. A landscape professional can include turf management staff at a private golf course operation or other private entity.
LANDSCAPING For purposes of this chapter, establishment (including by sod, seeding, or transplanting), renovation, maintenance, management or fertilization of turf.
MUNICIPAL APPLICATOR A public employee of a city, town, the county, or the state or federal government (or an employee of a department of and within such public entity) who fertilizes and manages turf located on property owned or controlled by a town, the county, the state or federal government (including publicly owned golf courses and athletic fields) within the scope of their official public employment responsibilities.
NUTRIENT Any of the following 17 elements needed for growth of a plant: the three nonmineral elements: carbon, hydrogen, and oxygen; the six macronutrients: nitrogen, phosphorus, potassium, calcium, magnesium, and sulfur; and the eight micronutrients: boron, copper, iron, chloride, manganese, molybdenum, nickel and zinc.
NUTRIENT MANAGEMENT The systematic control of the application and availability of nutrients to plants in order to minimize nutrient loss and to maintain the productivity of the soil.
SOIL The uppermost layer of the earth's surface, comprised of mineral and organic matter, which can host biological communities.
SOIL TEST A technical analysis of soil conducted by a soil testing laboratory that uses standards recommended by and in agreement with the University of Massachusetts Amherst Extension Program BMP, including a Modified Morgan soil testing procedure and extractable nutrient values.
TURF Grass-covered soil held together by the roots of the grass, also known as "sod" or "lawn."
WATERS or WATER/BODIES Includes, but are not limited to, streams, including intermittent streams, creeks, rivers, freshwater and tidal wetlands, ponds, lakes, marine waters, canals, lagoons, and estuaries within the Town, including without limitation all waters defined in Massachusetts General Laws, Chapter 131, Section 40, and the Town Wetland Ordinance or Regulations, with the exception of the following: coastal and inland banks, beaches, coastal dunes, dune fields, and lands subject to coastal storm flowage, inland or coastal flooding or inundation, or within 100 feet of the hundred-year storm line.
Should any section, part or provision of this chapter be deemed invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining terms of this chapter as a whole or any part thereof, other than the section, part or provision held invalid, which shall remain in full force and effect.
The effective date of this chapter shall be the date the
fertilizer certification process outlined in §
78-6B herein is implemented and in effect.