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.