[Adopted 1-19-2010 by Ord. No. 17-09, effective 2-8-2010
(Ch. 163 of the 1991 Code)]
[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019]
The purpose of this article 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 surface
water quality.
A.
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. While healthy
vegetated areas are protective of water quality by stabilizing soil
and filtering precipitation, when fertilizers are applied to the land
surface improperly or in excess of the needs of target vegetation,
nutrients can be transported by means of stormwater to nearby waterways,
contributing to the problematic growth of excessive aquatic vegetation.
B.
Most soils in New Jersey contain sufficient amounts of phosphorus
to support adequate root growth for established turf. Over time, it
is necessary to replenish available phosphorus, but generally not
at the levels commonly applied. Other target vegetation, such as vegetable
gardens and agricultural/horticultural plantings, will have a greater
need for phosphorus application, as will the repair or establishment
of new lawns or cover vegetation. A soils test and fertilizer application
recommendation geared to the soil and planting type is the best means
to determine the amount of nutrients to apply.
C.
Timing and placement of fertilizer application is also critical to
avoid transport of nutrients to waterways through stormwater runoff.
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.
D.
This article does not apply to application of fertilizer on commercial
farms, but improper application of fertilizer on farms would be problematic
as well. Stewardship on the part of commercial farmers is needed to
address this potential source of excess nutrient load to water bodies.
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.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article 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.
The land area, 25 feet in width, adjacent to any water body,
except the buffer may be reduced to 10 feet in width provided a drop
spreader is used for fertilizer application.
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
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.
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 municipal
jurisdiction.
Any fertilizer that contains phosphorus, expressed as P2O5, 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 test established
by Rutgers Cooperative Research and Extension.
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 imminent or
is occurring 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 25 feet of any water body unless a drop spreader
is used. In no case shall fertilizer be applied within 10 feet of
any water body.
D.
Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the recognized growing season, March 15 to October
31.
A.
No person may do the following:
(1)
Apply
phosphorus fertilizer in outdoor areas except as demonstrated to be
needed for the specific soils and target vegetation on athletic playing
fields in accordance with a soils test and the associated annual fertilizer
recommendation issued by Rutgers Cooperative Research and Extension.
B.
Exceptions. This section shall not apply to the following:[1]
(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; or
(b)
Re-establishing or repairing a turf area.
(2)
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soil surface, directly to the feeder roots.
(3)
Application of phosphorus fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
This article shall be enforced by the Department of Health of
the Borough of Lincoln Park.
Any person(s) found to be in violation of the provisions of this article shall be subject to the fines and penalties set forth in § 1-2 of this Code (general penalty), in the discretion of the judge imposing the same.
