An ordinance 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
chapter does not apply to fertilizer application on commercial farms.
For the purpose of this chapter, the following terms, phrases,
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 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.
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 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 more than 15 days prior to March 15 or at any time
after the end of the recognized growing season, i.e., 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 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.
The Township, by way of the Board of Health, desires to have
the terms and conditions of this chapter made known to the public
so that they understand the chapter and do not violate same. The process
of educating the public is left to the Board of Health. It is assumed
that for purposes of education, the Board of Health will provide and
request store owners to post placards where persons purchasing fertilizer
will read the terms and conditions of the chapter. Therefore, the
Board of Health is directed to take all appropriate steps to educate
the public.
This chapter shall be enforced by the Board of Health, Zoning
Officer and Police Department of the Township of Mount Olive.
Any person, firm or corporation who violates any provision of
this chapter shall, upon conviction thereof, be punishable by one
or more of the following;
A. Imprisonment for a term not exceeding 90 days; or
B. By a fine not exceeding $1,000; or
C. By a period of community service not exceeding 90 days.
This chapter shall take effect in accordance with the law. In
addition, this chapter shall not be enforced for a period of 60 days
from the date of its final adoption so that the public can be educated
as to its provisions.